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11-01-2005 City Commission Susan Gottlieb, Mayor A ~he ,City of ~ventura Q "q."".. City MBUp Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy Joel Harry Holzberg Michael Stern Luz Urbaez Weinberg Citv Clerk Teresa M. Soroka, MMC City Attom~" Weiss Serota Helfman Pastociza Cole & Boniske AGENDA NOVEMBER 1, 2005 .6 PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: None. 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 ofthe Commission, that item must be removed ITom the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: October 11,2005 Commission Meeting October 11, 2005 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT A V AILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $7,743.00 IN FEDERAL FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE APPLICATION OF FUNDS FOR THE TECHNOLOGY ENHANCEMENT PROJECT GRANT A V AILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN RESOURCES, AS OUTLINED IN NcMDlr I,m r................ THE ATTACHED CONTRACT; TO FACILITATE THE EXPENDITURE OF APPROXIMATELY $49,625 IN FUNDS; AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, INCLUDING THE EXECUTION OF AGREEMENTS WITH THE PURPOSE OF CREATING THIS PROGRAM IN COOPERATION WITH THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE; AND PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-065 FOR PROFESSIONAL DESIGN SERVICES FOR THE HOSPITAL DISTRICT NORTH COLLECTOR CONNECTION AND NE 213TH STREET OUTFALL UPDATE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-064 FOR PROFESSIONAL DESIGN SERVICES FOR A VENTURA BOULEVARD ROAD RESURFACING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. F. ITEM WITHDRAWN G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF A VENTURA AND CSA SOUTHEAST, INC. FOR BUILDING, ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY 2 NolaIDr I, 200S c;."",;"n, MaIIiIB MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF A VENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items. please inform the Mayor when he 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 quasHudicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING CONDITION I) OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2003-06 ADOPTED JANUARY 7, 2003 TO MODIFY THE APPROVED PLAN TO PERMIT COMMERCIAL ADVERTISING ON THE SOUTHERN MOST PANEL OF THE REAR (WEST) FACE OF THE SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND IVES DAIRY ROAD, CITY OF A VENTURA, ON PROPERTY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF "GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS; AMENDING SECTION 31-171 "OFF-STREET PARKING AND 3 !iolaIbIr 1, 200S c;."",;.,;".1iIIelq LOADING STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE AND SPECIAL DEMANDS OF THESE LARGER CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon this item. 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 he 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 he 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 Cormnission 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. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF A VENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT TO CNS, CONSERVATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS - PUBLIC HEARING: A. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY OF A VENTURA COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL OF THE EVALUATION AND APPRAISAL REPORT TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR THE PURPOSE OF SUFFICIENCY REVIEW IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; PROVIDING 4 !iOllIIIIlr 1,:ZOOS n..n;,,;,.. Medq FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA EXTENDING THE TERM 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; TO EXTEND THE TERM FOR A SIXTY (60) DAY PERIOD FROM DECEMBER 7, 2005 TO FEBRUARY 7, 2006; PROVIDING FOR AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: MOTION TO APPOINT INDIVIDUALS TO SERVE ON THE CHARTER REVISION COMMISSION EFFECTIVE NOVEMBER 1, 2005 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP NOVEMBER 17, 2005 (exact time to be determined) 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. One or mote members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, fOf 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 305-466- 8901. 5 A"!'he City of 1'"\.ventura . '...~.,,:;-' MINUTES CITY COMMISSION MEETING OCTOBER 11, 2005 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:25 p.m. following the Local Planning Agency meeting by Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Billy Joel, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev 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. PLEDGE OF ALLEGIANCE: (Led during LPA meeting) 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: After motion offered by Commissioner Diamond, seconded by Commissioner Holzberg and unanimously passed, Commissioner Joel was elected as Vice Mayor for the next 6-month period. 5. SPECIAL PRESENTATIONS: Certificates of Completion were presented to Commissioners Stern and Weinberg for completion of the Institute for Elected Municipal Officials. A Proclamation was re-presented to Fernando Ottati in recognition of his achievement as the 2005 Hispanic Festival Commemorative Poster Contest First Place winner. 6. CONSENT AGENDA: Mayor Gottlieb requested removal of items 6-C and 6-F. A motion to approve the remainder Consent Agenda was offered by Commissioner Holzberg, seconded by Commissioner Auerbach, unanimously passed and the following action was taken: A. The minutes of the September 6, 2005 Commission Meeting, September 8, 2006 1 sl Budget Hearing, September 15, 2005 Workshop Meeting and September 22, 2005 2nd Budget Hearing were approved. B. Resolution No. 2005-51 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. Resolution No. 2005-52 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-055 FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR THE AVENTURA MALL TRAFFIC FLOW IMPROVEMENT STUDY BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; PROVIDING FOR THE COST OF THE STUDY TO BE PAID BY THE AVENTURA MALL; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2005-53 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING CSA SOUTHWEST, INC. TO PERFORM BUILDING AND ENGINEERING INSPECTION, AND PLAN REVIEW SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AND PROVIDING AN EFFECTIVE DATE. G. The following motion was approved: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL STATEMENTS FOR AVENTURA CHARTER ELEMENTARY SCHOOL FN 2004-05 (CITY COMMISSION ACTING IN ITS CAPACITY AS AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS) H. Resolution No. 2005-54 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Resolution No. 2005-55 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-059 2 FOR TECHNICAL SERVICES FOR THE IMPLEMENTATION OF THE TRAFFIC VIDEO MONITORING SYSTEM BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; PROVIDING FOR THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. J. Resolution No. 2005-56 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "HOCHSTEIN-KANE BUILDING" PLAT, BEING A REPLAT OF LOTS 9 AND 10, BLOCK 24, HALLANDALE PARK, PLAT BOOK 12, PAGE 37, AND A PORTION OF LOT 1, BLOCK 3, MAP OF THE TOWN OF HALLANDALE, DADE COUNTY, PLAT BOOK B, PAGE 13 AND A PORTION OF A RESERVED STRIP OF LAND, HALLANDALE PARK, PLAT BOOK 12, PAGE 37, LYING IN SECTION 34, TOWNSHIP 51 SOUTH, RANGE 34 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. K. Resolution No. 2005-57 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AUDIT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND McGLADREY & PULLEN, LLP; 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. 2005-58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. M. Resolution No. 2005-59 was adopted as follows: 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-01030- 061 FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN AND PREPARE CONSTRUCTION DRAWINGS FOR IMPROVEMENTS TO THE EXISTING SEAWALL ALONG YACHT CLUB DRIVE BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $22,000.00; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. N. Resolution No. 2005-60 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-01030- 057 FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN AND PREPARE CONSTRUCTION DRAWINGS TO EXPAND THE FOUNDERS PARK PARKING LOT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $44,050.00; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SETTLEMENT AGREEMENT BETWEEN AVENTURA-ENSENADA, INC. AND AVENTURA LAND AND DEVELOPMENT CORPORATION AND THE CITY OF AVENTURA, CONCERNING .51 ACRE PARCEL OF LAND LOCATED ON NORTHEAST 34TH AVENUE AT NORTH COUNTRY CLUB DRIVE AND TWO (2) PARCELS OF SUBMERGED LAND CONSISTING OF 5.39 ACRES LOCATED SOUTH OF NORTHEAST 207TH STREET AND EAST OF NORTHEAST 34TH AVENUE; AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT; AUTHORIZING IMPLEMENTATION OF SETTLEMENT AGREEMENT; PROVIDING FOR EFFECTIVE DATE. After addressing the Mayor's concerns regarding the approval of this agreement at this point on the agenda, a motion for approval was offered by Vice Mayor Joel, seconded by Commissioner Diamond, unanimously passed and Resolution No. 2005-61 was adopted. 4 F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING CRITERIA FOR THE AWARD OF KEYS TO THE CITY OF AVENTURA; APPROVING PROTOTYPE KEY TO THE CITY OF AVENTURA; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. A motion to approve the resolution, with an amendment to Section 4 to provide that Additionally, the Mayor or the Vice Mayor in the absence or unavai/ability of the Mayor may, in his or her discretion, from time to time, award the City Key to persons firms, organizations, or entitites who: . . was offered by Commissioner Diamond, seconded by Vice Mayor Joel, unanimously passed and Resolution No. 2005-62 was adopted. 7. ZONING HEARINGS: None. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF "GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS; AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE AND SPECIAL DEMANDS OF THESE LARGER CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Holzberg and seconded by Vice Mayor Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the 5 --- - -.-".-.---'----'-.----~-----~.-..-..---._r_-.".,--.~-~-....----'--"'--" public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin reinvoked the quasi-judicial procedures for the following hearing and read the ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT TO CNS, CONSERVATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Vice Mayor Joel and seconded by Commissioner Diamond. 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. 9. PUBLIC HEARING: ORDINANCES: SECOND READING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE VII "CODE OF ETHICS" OF CHAPTER 2 "ADMINISTRATION", BY AMENDING SECTION 2.396 "FURTHER ETHICS STANDARDS; PROHIBITIONS AND RESTRICTIONS" AT PARAGRAPH (C) "FURTHER RESTRICTIONS ON TRANSACTIONS" BY RENUMBERING AND REVISING EXISTING SUBPARAGRAPH (iii) TO BE SUBPARAGRAPH (Iv) AND BY CREATING A NEW SUBPARAGRAPH (iii) TO PROHIBIT INVOLVEMENT OF CITY PUBLIC OFFICERS AND EMPLOYEES IN CERTAIN INVESTMENTS AND IN CERTAIN REAL ESTATE TRANSACTIONS; AND BY CREATING ARTICLE IX "CAMPAIGN FINANCE RESTRICTIONS" OF 6 CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY CREATING SECTION 2-420 "PROHIBITED CAMPAIGN CONTRIBUTIONS FROM VENDORS", TO CREATE RESTRICTIONS UPON THE MAKING OR RECEIPT OF POLITICAL CAMPAIGN CONTRIBUTIONS FROM OR WHICH ARE DELIVERED, SOLICITED OR PROVIDED BY VENDORS OF THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2005-14 was enacted. 10. RESOLUTIONS - PUBLIC HEARING: None 11. OTHER BUSINESS: Mr. Wolpin requested and received permission to schedule an Executive Session to discuss pending litigation in the Shefaor/Tarragon, LLP vs. City of Aventura matter. 12. PUBLIC COMMENTS: None. 13. REPORTS As submitted. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 7 A~ CIty of .ft.ventilra ~. .~..-"" MINUTES COMMISSION WORKSHOP MEETING OCTOBER 11, 2005 Following 6 p.m. LPA and Commission Meetings Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb immediately following the 6 p.m. Local Planning Agency and Commission Meetings. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, 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. WATERWAYS PARK UPDATE (Citv Manaqer): (Taken out of order) Mr. Soroka presented a layout of the proposed park. He requested input from the Commission as to the installation of a gate, manned or not, and a non-resident fee charge for use of the park. CITY MANAGER SUMMARY: Consensus to proceed using manned gate and requesting proof of Miami-Dade County residency. 3. CHARTER REVISION COMMISSION: Mr. Soroka noted that the Charter provides for review every 5 years, he explained the process for selection of members, and the process of the review. CITY MANAGER SUMMARY: Consensus that Leonard Brenner, a member of the previous Charter Commission, and former City Commissioner Manny Grossman be selected. City Commission to meet prior to the November 1, 2005 meeting to review resumes of other interested individuals. Members to be confirmed at the November 1, 2005 Commission meeting. 1. SHUTTLE BUS: Commission viewed a powerpoint presentation showing the current level of services of the City's shuttle bus program and anticipated improvements for expansion in March 2006. Commissioner Auerbach expressed his concerns and ideas regarding the shuttle bus program. CITY MANAGER SUMMARY: Consensus to proceed with anticipated improvements/expansion. Commissioner Auerbach to work with City Manager to promote the use of the increased services in 2006. 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. 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 DATE: City Commission r Eric M. Soroka, ICMA-CM'~Fa! er October 10, 2005 TO: FROM: SUBJECT: Resolution Authorizing Execution of Federal Drug Control and System Improvement Program Grant to Fund School Resource Officer Programs November 1, 2005 City Commission Meeting Agenda Item 2.J3 RECOMMENDATION It is recommended that the City Commission authorize the execution of the Federal Drug Control and System Improvement Program Grant document to fund the School Resource Officer programs at the Charter School. BACKGROUND The City has applied for and received a grant in the amount of $10,324 to fund various crime prevention program designed to educate the students and parents of the school. The grant provides $7,743 and the City is obligated to provide a match of $2,581. If you have any questions, please feel free to contact me. EMS/act Attachment CC01427-05 CITY OF AVENTURA POLICE DEPARTMENT FROM: MEMORA DUM Eri, M. Soroka. C; ~ Tho as E. Ribel, C ief of oli TO: RE: DATE: Byrne Formula Grant Program - FY 06 October 6, 2005 Attached are two sets of Byrne Grant Applications. The first packet, including four original Agreements, for our School Resource Officer Program in the amount of $7,743.00 in Federal funds, has been tagged for your signature. The second Application (not requiring your signature) is regarding the Technology Enhancement Project on behalf of the Dade County Association of Chiefs of Police, which is a continuation grant from FY 04 and 05. The Program has been and continues to be administered through the City of Aventura, with payments and reimbursements being processed accordingly through our Finance Department. Both Applications require City Commission Resolutions in accordance with the FDLE grant mandate. II am, therefore, requesting presentation of these Applications on our November 1, 2005, Commission Agenda. I have attached sample resolutions for each Byrne Grant Application Program as should be submitted for approval by the Commission highlighting the verbiage modifications. If you should have any questions, please call. RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $7,743.00 IN FEDERAL FUNDS; 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 Commission of the City of Aventura desires to accomplish the purpose outlined in the contract attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to apply for funds in the approximate amount of $7,743.00 and execute such contracts and agreements as are required between Miami-Dade County and the City of Aventura to provide a Community Drug & Crime Prevention School Resource Officer Program in substantially the form as attached hereto. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005-_ Page 2 PASSED AND ADOPTED this 1st day of November, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MIAMI.DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT This Contract, made this day of 200_, by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") through its Department of Human Services (hereinafter referred to as "Department"), located at 2525 N.W. 6200 Street. Suite 4225 - Miami. FL 33147, and the CITY OF AVENTURA located in Miami-Dade County, Florida (hereinafter referred to as "Provider"), provides the terms and conditions pursuant to which the Provider shall provide a School Resource Officer Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the School Resource Officer Project by providing a portion of the federal funds awarded to Miami-Dade County to the School Resource Officer Project; and WHEREAS, the County as contractor/grantee for the State of Florida is authorized to purchase said services for the School Resource Officer Project as an allowable activity under the ACT; and WHEREAS, the County requires the above-mentioned services from the Provider in order to fulfill its' contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $ 7,743. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. Modified on 09/07/05 Page 1 of 12 III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2005 through September 3D, 2006. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Reauirements of the Anti-Drua Abuse Act. The Provider agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local Law Enforcernent Assistance Formula Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplantina. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Modified on 09/07/05 Page 2 of 12 IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing School Resource Officer services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami- Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami- Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and publiC accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. !j794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. !j12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. !j1612, and the Fair Housing Act, 42 U.S.C. !j 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidabie by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as !j11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other add ress as either party may specify: Modified on 09/07/05 Page 3 of 12 If to the COUNTY: Miami-Dade County Department of Human Services 2525 NW 62nd Street, Suite 4225 Miami, Florida 33147 Attention: Ms. Michaela Doherty If to the PROVIDER: Aventura Police Department 19200 W. Country Club Drive Aventura, FL 33180 Attention: Chief Thomas E. Ribel XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider i s 0 nly a recipient 0 f f undiOg support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate a nd review the Provider's program; (6) t he Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami- Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. B. Countv Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days Modified on 09/07/05 Page 4 of 12 before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (cl terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate 0 r cancel a ny other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Manager is a uthorized to terminate this Contract on behalf of the County. D. DamaGes Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on behalf of the County. Modified on 09/07/05 Page 5 of 12 XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budqet Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider's Year-To- Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program. without a formal amendment process. C. Pavment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost-basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B). The Provider agrees to invoice the County for each School Resource Officer Project using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. 8.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2006. D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No pavment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Propertv. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure. Modified on 09/07/05 Page 6 of 12 B. Screeninq. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs. While there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss. Damaqe or Theft of Eauipment. The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acauired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Manaqement. The Provider's procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date 0 f disposal and sale price; 2) a physical inventory 0 f the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. A ny loss, damage, 0 r theft shall be investigated by the Provider a s appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS. REPORTS. MONITORING AUDITS. AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements Modified on 09/07/05 Page 7 of 12 from the State of Florida, records for the School Resource 0 fficer Project services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Agreement. B. Reportina Reauirements. 1. Quarterlv Proiect Performance Report and Invoice. The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2006 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. 2. Other Reauired Reports. The Provider shall submit other reports as may be required by the Department of Human Services during the program year. C. Chanaes to Reportina Reauirements. The Provider understands that the County may a t a ny time require changes in data collected, records or reporting, a s may be necessary and agrees to comply with any such modifications. D. Monitorina and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The Provider shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade Countv Inspector General. Miami-Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1 % of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Modified on 09/07/05 Page 8 of 12 The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. T he provisions 0 f this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami- Dade County Administrative Order 3-20, the Provider is aware that the County has the right to . retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. Modified on 09/07/05 Page 9 of 12 XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceedinq. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice 0 r counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Reliqious Purposes. County funds shall not be used for religious purposes. C. Comminqlinq Funds. T he Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Manager. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Manager is authorized to make amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami-Dade County, Florida. Modified on 09/07/05 Page 10 of 12 E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami-Dade County. Further, by acceptance of these funds, the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to the Miami-Dade County Department of Human Services, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppiiers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. HeadinQs, Use of SinQular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. H. Total of ContracUSeverabilitv of Provisions. This twelve (12) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment D: Attachment D1: Attachment D2: Attachment D3: Attachment E: Scope of Services Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. Modified on 09/07/05 Page 11 of 12 IN WITNESS WHEREOF. the parties hereto have caused this Contract to be executed by their respective and duly authorized officers. the day and year first above written. City Manager ...;..........:-:.:-:-:.:- ..... . .... ...... :~4::::::../: \\<<\\\ Signature Title Name (typed) Eric M. Soroka, lCMA-CM ATTEST: Teresa M. Soroka, MMC City Clerk By: (Corporate Seal) :::~>\:> ...... ..... '0' ., " ~:~:~:::>~~~~~~~~~~ I .............. . By: ATTEST: MIAMI-DADE COUNTY. FLORIDA HARVEY RUVIN, CLERK By: DEPUTY CLERK By: GEORGE M. BURGESS COUNTY MANAGER Modified on 09/07/05 Page 12 of 12 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT D1 ATTACHMENT D2 ATTACHMENT D3 ATTACHMENT E SUMMARY OF ATTACHMENTS Scope of Services! Program Narrative Program Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name: AVENTURA Contact Person: Chief Thomas E. Ribel Address: 19200 W. Country Club Dr., Aventura, FL 33180 Contact Numbers: 466-8966 Office 466-8990 Fax Program Area: School Resource Officer (OlA) Program Dates: 10/01/05 through 09/30/06 Program Name: School Resource Officer Target Population: School Age Youth Problem Identification Since it's inception in November 1995, the city of Aventura has grown tremendously. With that growth, a change in the demographics also occurred. Aventura went from a predominantly elderly or retiree community to one that now includes a large number of young families. Currently the police department provides services to their youth at neighboring community schools. Opening in the fall of this year, Aventura Charter Elementary School will be the first public school in the city, for students grades K-5. It's the police department's objective to provide a safe drug free environment to these and all students in Aventura. A School Resource Officer will be assigned to work at the city's new school. Proqram DescriDtion The presence of a School Resource Officer will provide a number of benefits in the new charter school. Besides offering protection for the school and students, the presence of the SRO will serve as a deterrent to unwanted intruders. Additionally, in-service orientations will be provided to school staff and teachers along with presentations for parents at monthly Parent Teacher Association meetings. The SRO will become a familiar face in classrooms while conducting classes on safety, crime prevention, and conflict management. In addition, Aventura's SRO will implement an after-school training program designed to empower its youth. This victim empowerment program, called Resisting Aggression Defensively, includes a 5 class curriculum on aggression training techniques. It is intended to promote safety and awareness for youth in everyday surroundings. The RADKids curriculum is structured to address self defense and self awareness in today's youth. In addition it provides youth with healthy techniques on how to deal with aggression. Curriculum materials include training gear, i.e. helmets, elbow and knee pads and floor mats. Each kit includes gear for four youth and one instructor package. The above is just a few of the many services that will be available in this new charter school. Other services will include DARE classes, Red Ribbon activities, a mentoring program and a host of other services for these school age kids. Grant funds will be used to purchase program supplies needed to support program activities. Year One Activities/AccomDlishments & Unmet Needs (2003-2004) This grant year has proven to be a great success. With the new local elementary school, ACES, the SRO unit has provided services to more than 500 students. Although most of the schools Aventura provides services for are outside of their city limits, their SRO's have conducted in-service orientations, counseling sessions for students and parents, and prevention education classes. The department reports an overwhelming response to their programs including the newly created after school RADKids program. In the upcoming year, Aventura will continue with its program much like it is structured currently. Officers will create a Youth Crime Watch Program on the ACES campus. Additionally, a new middle school will open in Aventura this year. To meet the demands of the added student population, an SRO officer will be assigned to this site. The department will train an additional officer for their RADKID program and use grant funds to provide for the supplies and equipment used in all their SRO activities. Year Two Activities/Accomolishments & Unmet Needs (2004-2005) Since it's incorporation in November 1995 growth in the city of Aventura has been dramatically influenced by the influx of young families. Along with the demographic makeup, the city that once had no schools in their city limits will soon have a new middle school. Currently, the department provides services to their local schools using two SRO officers. During the new grant year, Aventura will use one of these officers in the new middle school, serving an additional 300 students. While the primary focus will be to provide protection for students, SRO officers will continue to provide prevention education classes, in service orientations, and counseling for parents. Core services to the two elementary schools will not be affected by the additional community needs. Officers will be a visible force on campus, while providing support and guidance through a number of safety and prevention programs, including the RadKids curriculum, during the upcoming grant year. Grant funds will be issued to provide for program supplies and equipment for proposed activities. Jurisdiction Name: AVENTURA Contact Person: Chief Thomas E. Ribel Address: 19200 W. Country Club Dr., Aventura, FL 33180 Contact Numbers: 466-8966 Office 466-8990 Fax Program Area: School Resource Officer (07 A) Program Dates: 10/01/05 through 09/30/06 Program Name: School Resource Officer Target Population: School Age Youth Proposed Activities Planned Measures Monitorina Plan 07 A.04 Provide 25 counseling School Resource Officer to Program Plan and Activity sessions for students during conduct: Schedule. the grant year. In-service orientations Crime prevention classes Meeting announcements, 07 A05 Provide 10 counseling Parent counseling attendance records, etc. sessions for parents during sessions the grant year. Participant list and meeting Mc Gruff presentations attendance records 07A.07 Conduct 55 crime Video presentations prevention class presentations Multi Media presentations Copies of invoices for during the grant year. Red Ribbon Activities. materials purchased. RADKID presentations 07A08 Attend 5 in school Safety Patrol/ Youth Crime special events during the Watch grant year. 07 A1 0 Provide 10 in-service orientations to school teachers during the grant ~~ year. Chief Thomas E. Ribel, APD Michaela Dohertv, DHS ~ ATTACHMENT B PROGRAM BUDGET Jurisdiction Name: AVENTURA Program Area: School Resource Officer Program Name: School Resource Officer Salaries and Benefits, Total Contractual Services, Total Operating Capital Outlay, Total Expenses, Total RADKid Recertification RADKid Program equipment Educational videos Printed Materials (Red Ribbon Week) SRO uniforms Traafic/Safety cones and vests Miscellaneous program supplies Total Budget Dade County will reimburse an amount not to exceed: The 25% CASH MATCH for this grant is: The source of the CASH MATCH is: Police Department General Fund, Aventura OCO levels begin at $300. 9/23/2005 Contact Person: Chief Thomas Ribel 466-8989 PH -- 466-8990 FX Program Dates: 10/01105 - 09/30/06 $0 $0 $0 $10,324 $800 $1,200 $2,400 $3,000 $324 $1,100 $1,500 $10,324 $7,743 $2,581 ATTACHMENT C Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report SCHOOL RESOURCE OFFICER PROJECT PURPOSE AREA 07A (City) (Project Name) (Name oi Person Completing Form) (Title) (Phone) STATE 10 NUMBER: 05-JAGC-OAOE-17-M8-047 GRANT NUMBER: HSB446 Renort Number . Quarterlv Period Renort Due Dates 1 October 1 - December 31 Januarv 15 2 Januarv 1 - March 31 Aoril15 3 Anril 1 - June 30 Julv 15 4 Julv 1 - Sentember 30 October 15 Renort Number Quarterlv Period Reoort Due Dates Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion of this report. Any report not received by January 16; April 16; July 16; andlor October 16, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. l/l c: .2 ti l/l ('. '5 Cii l/l l/l CIl " .'" ::l e: ('. ::l 0" ::l (/) ...., ~ e CIl <.:> ..; C Ol .~ CIl CIl (; CIl t:: E 0 l/l Cll J: ~ ::l CIl <.:> .B O"~ (/) J: ::l e: l/l <.:>.0 0 CIl Cll E a; ('. '13 ('. CIl .- (/) ('. e: l/l ~ ~ e: e: (/) CIl ~ .B- e: 0 e: ('. 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Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (To Be Copied on Jurisdiction Letterhead) Citv: Date of Claim: Proiect Name: Claim Number: Telenhone: Claim Period: Name of Person Completing Form: :~:~ <f -. : ~. ~ ~ _ ~ ~ ~ -: ~ . ,.~ ~.' > :,.:~~;:'~'~~. .-:: i~:""~~:i ).""" ~ ~ ~,. ~ .. -" -. _ " '~"J.. ~ . -... ~1:~'j 1"7:,"_ 'w'~v,.~-~,"'.''''~,';.1-'!J 1. Total Federal Budget $ 2. Amount This Invoice $ (75% of your current claim) 3. Amount of Previous Invoices $ 4. Remaining Federal Balance $ (Subtract lines 2 & 3 from line 1) Sub Object Code Budget CateQories Line Item Disallowed Exceeds Budget Federal Funds Local Match Category Totals Salaries & Benefits Contractual Services Operating/ Capital Equipment Expenses Total Claim We request payment in accordance with our contract agreement in the amount of 75% of the Total Costs for this Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to comply with the local match requirements. Attached, please find the records which substantiate the above expenditures. I certify that ali of the costs have been paid and none of the items have been previOUSly reimbursed. All of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received. for which reimbursement is requested. Respectiuliy submitted, Chief of Police/Other City Official Payment Approved, Miami Dade County Miami Dade County Page 2 of 3 School Resource Officer Project HSB446 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses City: Date of Claim: Project Name: Claim Number: Name Date of Type of Total Officer/Staff Activity Activity' Hours -(Presentation, Parent Meeting, Field trip, etc.) TOTAL HOURS An . PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ . IS CORRECT. OFFICER/STAFF SIGNATURE: OFFICER/STAFF SOCIAL SECURITY NUMBER: CHIEF OF POLICE/CITY OFFICIAL SIGNATURE: I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: Note: Pavroll registers, time sheets and OT slips, documenting pavroll expenses, must be attached to process this payment. Miami Dade County Page 3 of 3 School Resource Officer Project HSB446 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Equipment, Supplies. Material Expenses) City: Date of Claim: Project Name: Claim Number: Item Dale Check Vendor Descriotion Paid Number Amount TOTAL AMOUNT OF EXPENSES: NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment. ATTACHMENT 0 AIIALlt,Ht.,' 1 U DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/ A" all affidavits that do not pertaIn to thiS contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT: MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT: DISABILITY NONDISCRIMINA nON AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof. the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE F AMIL Y LEAVE AFFIDA VIT shall not pertain to contracts with the United States or any of its departments or agencies Or .the . . .. .. State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities 0{ the-:':-:-:-:-:-:- State of Flonda. All other contractIng entIties or Individuals shall read carefully each affidavIt to deterirUrie:-:-:-:-:-:-:-: whether or not It pertaIns to thiS contract. : : :~::::: : :: ::: : I. ,beIng first duly sworn state: :-:':-:-.-:-:-:-:-:-: Affiant Eric M. Soroka, lCMA-GK The full I egal name a nd business address 0 f the person(s) or entity contracting 0 r transacting business With Miami-Dade County are (Post Office addresses are not acceptable): .......... . ......... . 65-0662615 Federal Employer Identification Number (If none, Social Security) City of Aventllra. a mllnici'Pal corDoration Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) 19200 W. Country Club Drive Aventura FL 33180 Street Address City State Zip Code NA I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) I. If the contract or business transaction is with a corporation, the full legal name and bUSIness address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or bUSIness transaction is With a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertaIn to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % % % lof5 2. The full legal names and business address of any other individual (other than subcontractors. material men, suppliers, laborers, or lenders) who have, or will have, any mterest (legal. equItable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein. 0 r who knowingly discloses false mformation in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. .xA. II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No 90- 133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transactIOn or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregomg disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Black: Hispanics: Males Males Males Males Females Females Females Females: Asian: American Indian: Aleut (Eskimo): Males Males Males Males Females Females Females Females X III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discrimmate against minority and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, cOll'orate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-dlscrimmatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 20f5 The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5.000.000. The firm does have annual revenues in excess of $5,000.000: however, its Board of Directors is representative of the population make-up of the nation and has submitted a written. detailed listing of its Board of Directors, including the race or ethniclty of each board member. to the County's Department of Business Development, 175 N.W. 1st Avenue, 28th Floor. Miami. Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above. which includes pen odic reviews to determine effectiveness, a nd has submitted t he plan a nd policy to the County's Department of Business Development 175 N.W. 1" Avenue, 28th Floor. Miami, Florida 33128: The firm does not have an a ffirmative action plan a nd/or a procurement policy as described above, but has been granted a waiver. NAN. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavIt been convicted of a felony dunng the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. x.. V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Flonda, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug-free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any cnminal drug conviction occurring no later than five (5) days after receiving notice of such convictIOn and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operatIOn of the County or for the health. safety, welfare, economic benefits and well-being of the public. Contracts involVing funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are In conflict with ihe requirements of those governmental entities. 30f5 XVI. MIAMI-DADE EMPLOYMENT F AMlL Y LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section 11A-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County. Flonda. an employer with fifty (50) or more employees working in Dade County for each workmg day dunng each of twenty (20) or more calendar work weeks, shall provide the following mformatlOn In compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (I) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons. for the bIrth or adoption of a child, or for the care of a child, spouse or other close relative who has a senous health condition without risk of termination of employment or employer retaliatIOn. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall. however, pertain to municipalities of this State. X VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance with and agrees to contmue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limIted to, those provisions pertaining to employment, provision of programs and services, transportatIOn, communications, access to facilities, renovations, and new construction in the followmg laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.c. 12101-12213 and 47 U.S.c. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services. Operated by Private Entities: Title IV. Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973. 29 U.S.c. Section 794; The Federal Transit Act, as amended 49 U.S.c. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertam to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. ~ VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.I(c) of the County Code) Except for small purchase orders and sole source contracts. that above named firm, corporation. organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent a nd currently due fees 0 r taxes - - including but not 1 imited tor eal and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehIcles registered in the name of the firm, corporation, organization or individual have been paid. NALX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 40f5 N~X. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall connibute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5%) of the firm's work force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entitles, not for profit organizations or recipients of grant awards. ~XI DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At l1A-60 El. Seq. of the Miami-Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codified at l1A-60 et. seq. of the Miami Dade County Code, whIch requires an employer which has in the regular course of business fifty (50) or more employees workmg in Miami- Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/A" all affid~v.'t? . that do not pertain to this contract. . :- :- :- :- :- :- :- : . . . . . . . . (Signature of Affiant) Eric H. Soroka. lCKA-CM SUBSCRIBED AND SWORN TO (or affirmed) before me this (Date) :-~:i:i:i:i .,. .... .., .... . . . . . . . . ....... . ....... . ....... . ....... . ....... . By: day of 200...1 by Eric M. Soroka. Citv Manager He/She is personally known to me or has presented (Type ofIdentification) as identification. (Senal Number) :-:-:-:-:-:-:-:-:\ .,-:.:-:-:-:-:-:-\ :~:-:-':-:-:-:-:, . .... . ! . .. ..... .., . ,"" . . . . . . . . . ....... . ....... . ....... . . ........ . . . . . . . . (Signature of Notary) (Print or Stamp of Notary) (ExpIratIOn Date) Notary Public - Stamp State of Notary Seal (State) 50f5 ATTACHMENT D1 MUM/-DADE COUNTY FLORIDA ATIACHMENT 01 Form A-12 Code of Business Ethics In accordance with Resolution R-994-99 each person or entity that seeks to do business with Miami-Dade County shall adopt the Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami-Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami-Dade County/Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami-Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. 1ft he Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A-12. Compliance with Government Rules and ReQulations We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection and Compensation of Contractors, ConsultinQ, Vendors, and Suppliers We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. 9/6/2005 Page 1 of 3 Business Accountinq All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no 'off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; . We, the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; . We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; Our proposal will be competitive, appropriate to the request for proposals/qualifications documents and arrived at independently; . Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. . We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. . We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Camoaians We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law; . Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; . We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. -"--9/672U05 Page 2 of 3 . We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass-throuqh Requirements This Code prohibits pass-through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Space, Equipment and Staff Requirements or Flat Overhead Fee Requirements This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization . This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs,.the timing of payments and when the work is to be performed. ::: :::::::::::: By: (Signature of Affiant) Eric K. Soroka, lCKA-CK ::~::::::: ........ . (Date) ....... . ....... . ....... . ,...... . ....... . SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200....1. by Eric K. Soroka. City Kana~er . He/She is personally known to me or has presented (Type of Identification) (Signature of Notary) (Serial Number) . . . . . . . . , ........ . . . . . . . . . . ........ . ........ . ~"""""""'" '" ..... '" ..... ....... .......... ...... .......... ........ . ........ . " ........ as identification. (Print or Stamp of Notary) (Expiration Date) 91612005 Page 3 of 3 ATTACHMENT D2 Attachment D2 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami-Dade County. By: (Signature of Affiant) Eric K. Soroka, lCHA-CK SUBSCRIBED AND SWORN TO (or affirmed) before me this 200~ by Eric K. Soroka, City Manager . He/She is personally known to me or has presented (Date) day of (Type ofIdentification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of (State) 5/01 Notary Seal ........ . ....... . ........ . ....... . ........ . ....... . ~ . . . . . . . . , ....... . ........ . ....... . ........ , ....... . ....... . ....... . ...... . ....... . , .' . . . . . . ...... . :~::>:::: . .. .... '" .... , . . . . . . . ....... . ....... . . . . . . . . . . . . . . . . . ....... . ATTACHMENT D3 Attachment D3 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFlCIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to Miami-Dade Coun'" for Eric M. Soroka, ICMA-CM (print individual's name and title) City of Aventura (print Name of entity submitting sworn statement) whose business address is 19200 W. Country Club Drive, Aventura, FL by and if applicable its Federal Employer Identification Number (FEIN) is 65-0662615 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133 (I)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political suhdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(I)(a), Florida Statutes. means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term Haffiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 10f2 5. I understand that a ~person" as defined in Paragraph 287.133(1)(e), Florida Slatutes. means any natural person or entity organized under the laws of an)' state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public eotit)', or which otherwise transacts or applies to transact business with a public entity. The term ~person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked belo,"" is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ~Neither the entity submitting this sworn statement, nor an}' of its officers, directors. executives. partners, shareholders, employees, members, 0 r a gents w ho are active i n the management 0 f t he entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _The entity submitting this sworn statement, or one or more of its officers. directors, executh'es. partners, shareholders, employees, members, 0 r a gents w ho are a clive i n the management 0 f t he entity, nor an)" affiliate of the entity has been charged with and convicted of a public enlit)' crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the en lit)' submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ........ . ......... . ........ . (Signature) Eric M. Soroka,lCMA-CM ).(::::::::::; ......... . ;' ;_ '-;.0"-, ", . . ~ ;-'_. . . . . ......... . ......... . ......... . ......... . Sworn to and subscribed before me this Personally known OR Produced Identification day of 20_. Notary Public - State of My commission expires (Type ofldentification) ",.. .......... . . .' .... .., . . . . ., ..' . . . . . . :~ ~ (Printed typed or stamped commissioned name of notary :::::::::::::::: public) . ., ...'..... 20f2 ATTACHMENT E A TT ACH:\lE'\T E MIAMI-DADE DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104) Name of Organization: City of Aventura Address: 19200 W. Countrv Club Drive REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier subcontractors or sub-consultants who will perform any part of the Scope of Services Work, if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used"; do not state "N/A". NAME OF SUBCONTRACTOR OR SUB-CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list of suppliers who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this information. If the Provider will not use suppliers, the Provider must state "No suppliers will be used", do not state "N/ A". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that the foregoing information is true, correct and complete: ........ . ........ . ...... . ...... . . . . . . . . . . ...... . Title: City Manager Date: )~:i:i:i:i:: ...... .......... ........ . ...... . ........ . ....... . ........ . ....... . Signature of Authorized Representative: Eric M. Soroka. lCMA-CM Firm Name: City of Aventura Fed. ID No. 65-0662615 Address: 19200 W. Country Club Drive City/State/Zip: Aventura, FL 33180 Telephone: (30'i 466-8999 Fax: (10~J-466-899] E-mail: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, DATE: October 10, 2005 SUBJECT: Dade County Association of Chiefs of Police Technology Enhancement Project Grant November 1, 2005 City Commission Meeting Agenda Item 5 -C, RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City to participate in the Technology Enhancement Project Grant on behalf of the Dade County Association of Chiefs of Police. The program expands access to the existing video conferencing profile center technology by providing additional strategic locations for new centers. This would greatly reduce time and distance factors for victims and witnesses of crimes and decrease on-duty officer "downtime". The program is a continuation of the current grant and is administered through the City's Police Department. The grant is in the amount of $37,219. The various police agencies will be responsible for the matching amount of $12,406. If you have any questions, please feel free to contact me. EMS/act Attachment CC01428-05 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE APPLICATION OF FUNDS FOR THE TECHNOLOGY ENHANCEMENT PROJECT GRANT AVAILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN RESOURCES, AS OUTLINED IN THE ATTACHED CONTRACT; TO FACILITATE THE EXPENDITURE OF APPROXIMATELY $49,625 IN FUNDS; AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, INCLUDING THE EXECUTION OF AGREEMENTS WITH THE PURPOSE OF CREATING THIS PROGRAM IN COOPERATION WITH THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to participate in the application of funds for the Technology Enhancement Project Grant available through the Miami- Dade Department of Human Resources and to facilitate the expenditure of grant funds in the approximate amount of $49,625. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution, including the execution of agreements as required by Miami-Dade County and the City of Aventura to implement a Technology Enhancement Project in cooperation with the Dade County Association of Chiefs of Police. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005- Page 2 PASSED AND ADOPTED this 1st day of November, 2005. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SUSAN GOTTLIEB, MAYOR OCT-5-2005 16:12 FROM:SYRNE GRANT/ASS 3055146157 MIAMI-. E!1!mDiiiiI' ACM ~nnrrll'l..liun A",'ndI.lC/'lf'l'l:lln"liun ....nln 1-'1,lhllt; rl.1('~f'S: A'.l()11 ~nd Ml.\nll~(\I\\<:Ollt S~r\li~N; iWIMh)r) 1;:IIIlrlll'\r;r.:~(.nmplldl1'.;t' BlIildinp; tI\.I:jln"~~ 1)'~v~luflmf'nt C1P!II'lII"ll"l'I.JVl!mN\l~ C1!1T.lO"ll'~ Ih(jl;"l.,..,,~I!,'rlt 1rnn~I"JrIoIlJ.rln '11'I,I,t tOllllnUl'\lr,111')m r~l.,r1rl'llll'ltyA~'lll1n ^gl!'llt;'Y Cllmmllnlll' & rf'('I11r.'mk (')i"\II"I"~""lmf t't;'l1Imllrllll' 1~1"linn~ ('I\I'~~llller ;;l'r\lir~; tOrrl.'f'l'IM_.I< Rf'h;lMIII(miun f.\'Ullt'No'III'" HI".lII'h(!I'II'I'I'I.lllIlinp; (\IIIUr,,1 AH~h'~ r1('r1h~ll~ tMo"I'i'WIlt.!,Mnl'1l\~\It'l11 1;lI1f11o"l\^"''' K,:,ldliCln~ r.1'I1l'!1'1"r1~" "'1~hMIi)I;:Y S~rvir~ I:llVil"l'nlnN1I.llll(!Iln'lr'tr:'~M"n.1W"m~rll ri'lll'l:lllllltlymN'ltl'r.lt.linl': r1ni'lllCo: nn' RI"~(I.I(> (;l"nl"'l',IlI::W:!rvll:f':lN"lmlnl~ral'i(m 111~1!,lrk P~r~"''''<lllUIl l.tumr'I(~~nTn.lsl Ili"II.I4Irlr.^I;""ft:y IIr'lLl'IJ'\flI'lrl;l~t~ AllrhMlry ..ltlt1lll"S"'rvi~~ Intll"'l'l;'ndrol1l~'vll'W~!"Il'l ITII\l:mlllltlr\n1 'lrl'ld/!" (.:r.mwrLlul"l1 )u....,.nlll: A:lfII'm'/ll'rll (t:'IlI~! Mr'rl'rnl ~ll'M"in~r Mr1rrr,llt,ll11111,lrlllll'H,()r",rl!"1I':Itinn flMk,lll,t!I{!:'\.:r~.tliulI P'IMllln~ 11M Lonmll Pnllrr Pronll'f.'m/:'llIMn!lI'lr,t'l'\"Il'lIt PO""'f\l'rty ^Nlr.~i~rr 1!l.Illll~ I, Ib"~I~ ~y';j(~n1 PIJblkWurk.~ 5:I/l:.'NI;'I(;hlxlrI1l'lflflr.lrb ~.sv""rl ~oJIM W...~I'" Mlln,'p;I'ITII~nl Str"tcr;li: f1t1~ln',I~~ Mm..gomcnt T~.tIfl Mntrn T....ll'~ll urb,ln 1~"'vll/lll;l"l1lkll1 T.I~k 1-00("r:' VI-t(.ojY,' Ml,~lln~ nnd G.ml....l~ WMr.rJnu ~1~\Yl!'I TO: 93054668991 P:2 Department of Hurtlan Services Byrn~ Grctnt Admir'llstratron Dr. Martin Luther King, Jr, Office Plaza 2.\25 N,W, b2nd Street. Suite 4000 Miamil Florida 33147 T 305-.\14-6000 F 305-514-6157 October 5, 2005 Deputy Chief Steve Steinberg Dade County Association of Chiefs of Police 192()O W. Country Club Drivc Aventura, FL 33180 RE: Contract Award FY2006 Drug Control and System Improvement Program Dear Deputy Chicf Steinberg: We ~ p leased to provide you with the contract for your program under the Dade County Drug Control and System hnprovement Program FY2006, The federal funds are 537,219 and the 25% Cash Match which your city has agreed to provide is $12,406, making the total amount of the project budget not to exceed $49,625. We are providing you with 4 sets of Contracts for your program. Each of the four cont:tacts must have the ORlGINAL signatures of the Manager/Mayor and City Clerk, and must have the city seal affIXed on the contract signaturc page, Also, the contracts include several Affidavits which require an ORlGINAL and notarized signature, Upon signing by your city officials, the contracts are to bc relumed to this office along with the City Council resolution to accept these funds: Our staff will eompletc the execution process in the County and send you a fully executed contract for your records. Reimbursement for First Quarter expenditures can occur ONLY if the contract is fully signed by the jurisdiction and returned to the Department of Human Services with thc accompanying council resolution, In accordance with your eonununieation with this office, it is our understanding that you are thc designated contact person for this project. As such, all routine correspondence and reporting activities throughout the grant year will be directed to your attention. Please notifY US inunediately if this designation changes. If you have any questions on this matter, please contact me or LaWanda S. Scott of my staff, at 514-6125. 1 look forward to working with you this year! Sincerely, /../ .,,/( #a~ Mi~~la~Ohe~~ Project Director Enclc::;.:res i.,. . miamidade.gov MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION FISCAL YEAR 2006 CONTRACT AWARD MEETING OCTOBER S, 200S AGENDA 1. Welcome and Introductions 2. FY2006 Contract Overview Contract Execution Process ./ Council Resolution ./ Contract and ALL Affidavits Signed and Notarized ./ Follow Checklist Directions for Each Contract Contract Review ./ Attachments Attachment A: Program Narrative & Scope of Services Attachment B: Program Budget Attachment C: Quarterly Program Performance Report & Invoice Attachment 0: Miami-Dade County Affidavits Attachment 01: Code of Business Ethics Attachment 02: Miami-Dade County Debarment Disclosure Affidavit Attachment 03: State Public Entities Crime Affidavit Attachment E: Provider's Disclosure of Subcontractors & Suppliers Amendments 3. Reporting Requirements ./ Quarterly Program Performance Report ./ Invoice ./ Supporting Documents . Salaries- Payroll Registers . Expenses- Invoices and Checks 4. Fiscal Year 200S 4th Quarter Reports Due Friday October 14, 200S S. Questions and Answers 6. Adjournment MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT This Contract, made this day of 200_, by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") through its Department of Human Services (hereinafter referred to as "Department"), located at 111 NW. 1st Street. Suite 2210 - Miami. FL 33128-1912, and the Dade County Association of Chiefs of Police located in Miami-Dade County, Florida (hereinafter referred to as "Provider"), provides the terms and conditions pursuant to which the Provider shall provide a Technology Enhancement Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the Technology Enhancement Project by providing a portion of the federal funds awarded to Miami-Dade County to the Technology Enhancement Project; and WHEREAS, the County as contractor/grantee for the State of Florida is authorized to purchase said services for the Technology Enhancement Project as an allowable activity under the ACT; and WHEREAS, the County requires the above-mentioned services from the Provider in order to fulfill its' contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $ 37,219. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. Page 1 of 12 III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1,2005 through September 30, 2006. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Reauirements of the Anti-Dnua Abuse Act. The Provider agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Suoolantina. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Page 2 of 12 IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28. Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing Technology Enhancement services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami- Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami- Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. ~ 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. !!i 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. ~ 1612, and the Fair Housing Act, 42 U.S.C. ~ 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as ~ 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: Page 3 of 12 If to the COUNTY: Miami-Dade County Department of Human Services 2525 NW 62nd Street, Suite 4225 Miami, Florida 33147 Attention: Ms. Michaela Doherty If to the PROVIDER: Dade County Association of Chiefs of Police 19200 W. Country Club Drive Aventura, FL 33180 Attention: Chief Thomas E. Ribel XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is 0 nly a recipient 0 f funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) t he Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami- Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) Page 4 of 12 request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payrnents are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payrnents and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date' of such termination. The County may terminate 0 r cancel any 0 ther contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Manager is a uthorized to terminate this Contract on behalf of the County. D. DamaQes Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on behalf of the County. Page 5 of 12 XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment A. A. Budqet Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider's Year-To- Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Pavment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment A. The parties agree that this is a cost-basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment A). The Provider agrees to invoice the County for each Technology Enhancement Project using the Quarterly Project Performance Report & Invoice as it appears in Attachment B, and to do so on a quarterly basis, as stated in Section XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment B. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2006. D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No pavment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure. Page 6 of 12 B. Screeninq. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs. While there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss. Damaqe or Theft of Equipment. The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Manaqement. The Provider's procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date 0 f disposal and sale price; 2) a physical inventory 0 f the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of t he property. A ny I ass, damage, 0 r theft shall be investigated by the Provider a s appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Propertv Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS. REPORTS. MONITORING AUDITS. AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements Page 7 of 12 from the S tate of Florida, records for the Technology Enhancement Project services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Agreement. B. Reportinq Requirements. 1. Quarterlv Proiect Performance Report and Invoice. The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2006 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment B. 2. Other Required Reports. The Provider shall submit other reports as may be required by the Department of Human Services during the program year. C. Chanqes to Reportinq Requirements. The Provider understands that the County may a t any time require changes in data collected, records 0 r reporting, as may be necessary and agrees to comply with any such modifications. D. Monitorinq and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The Provider shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade County Inspector General. Miami-Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1 % of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Page 8 of 12 The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten ( 10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair, any independent right of the County to conduct audit or investigative activities. T he provisions 0 f this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami- Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provIsion herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. Page 9 of 12 XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceedinq. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents. instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice 0 r counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Relioious Purposes. County funds shall not be used for religious purposes. C. Comminqlinq Funds. T he Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Manager. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Manager is authorized to make amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon req uest. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami-Dade County, Florida. Page 10 of 12 E. Publicitv. It is understood and agreed between the parties hereto that this Provider is funded by Miami-Dade County. Further, by acceptance of these funds, the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to the Miami-Dade County Department of Human Services, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. Headinas. Use of Sinaular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. H. Total of Contract/Severabilitv of Provisions. This twelve (12) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment C1: Attachment C2: Attachment C3: Attachment D: Program Narrative and Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto: If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective and duly authorized officers, the day and year first above written. Signature Title Name (typed) ATTEST: By: By: (Corporate Seal) ATTEST: MIAMI-DADE COUNTY, FLORIDA HARVEY RUVIN, CLERK By: DEPUTY CLERK By: GEORGE M. BURGESS COUNTY MANAGER Page 12 of 12 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT C1 ATTACHMENT C2 ATTACHMENT C3 ATTACHMENT D SUMMARY OF ATTACHMENTS Program Narrative and Budget Quarterly Program Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name: Dade County Association of Contact Person: Deputy Chief Steve Steinberg Chiefs of Police Address: 19200 W. Country Club Dr., Contact Numbers: 466-8996 Office Aventura, FL 33180 466-8991 Fax Program Area: Planning, Evaluation, & Program Dates: 10/01/05 through 09/30/06 Technology Improvement Program Name: Technology Enhancement Project Target Population: Miami-Dade County Problem Identification Prior to the implementation of the Dade Chiefs Association Technology Enhancement Project, the State Attorneys Office (SAO) in Miami-Dade County conducted felony pre-file conferences with arresting officers, victims, and witnesses at one of three locations in a county that covers a geographical area of approximately 2,000 square miles. These three decentralized video pre-filing centers were located in Northeast Miami-Dade County, Southwest Miami-Dade County, and at the Miami-Dade State Attorneys Office downtown in the City of Miami. The problem with having only three video pre-file centers for such a vast geographical territory is that law enforcement officers, victims and witnesses often were required to travel long distances when they are scheduled for testimony, most often to the center located in downtown Miami. Civilian victims and witnesses sacrificed time away from their jobs and the expense of traveling miles from their homes to the available centers. Also, the limited availability of pre-file centers required that law enforcement personnel leave their jurisdictions to complete video pre-filing at times when they are on duty, further exacerbating staffing and response time challenges for police agencies. Collaborative efforts that embrace a metropolitan regional approach to improving interagency efficiency are needed to advance the overall effectiveness of Miami-Dade County's criminal justice system. Expanding access to the existing video conferencing pre-file center technology by providing additional strategic locations for new centers will continue to reduce the time and distance factor for civilian victims and witnesses, and greatly decrease on-duty officer "down time" during round trip travel to the centers. Officers have been able to return more rapidly to patrolling their jurisdictions where they are needed. The efficiencies achieved by the project in the previous two years will be enhanced by adding additional pre-file sites Proqram Description The Dade Chiefs Technology Enhancement Project is a collaborative partnership between the Dade County Association of Chiefs of Police and the Miami-Dade County Office of the State Attorney. This project proposes to incrementally expand accessibility of the video pre-file conferencing services to all municipal police departments in the county, as well as all regions of the Miami-Dade Police Department. During the first year, the Project purchased 12 complete video pre-file units (see description below) and distributed them between local police departments and the State Attorney's Office (SAO). To date, the SAO has trained all of the Assistant State Attorneys (ASA's) and clerical personnel assigned to the Felony Screening Unit (FSU) in the operation of the system. The SAO currently has six ASA's that can use the system at one time. As more agencies are added, the SAO will increase personnel to accommodate them. The Aventura Police Department served as the initial host site representing the Dade County Association of Chiefs of Police and conducted a successful pilot project with the SAO to test system functionality and capabilities, and develop procedures for obtaining maximum effectiveness. Currently there are five (5) police department sites on-line and conducting video pre- files. A 6th location will be added sometime within the n ex! 30 days; it will be a sub-station of the Miami-Dade Police Department. During the second year, the Project funded the purchase installation and maintenance of 6 complete video pre-file units that include DSL lines, View Stations, Monitors, and DSL Routers. Three more agencies were added as shared host sites, wherein agencies that do not have their own hardware can go to the nearest shared host site and conduct their video pre-files. These more strategically dispersed video conferencing sites have allowed more civilian victims, witnesses, and others to got heir local police departments or to nearby shared host-sites to conduct their video pre-files. The goal for FY2006 is to expand the Project, by purchasing 4 additional Pre-file units, and to continue to maintain the DSL lines of all participating sites: The SAO host site, the 6 existing sites and the 3 MDPD (Miami-Dade Police Department) sites (currently in the process of procuring funds to participate in this project). Additionally, the goal for this year is to keep all sites up and running for the host agencies and to encourage non-site agencies to use the facilities of host agencies. This will translate into time and fuel savings, since officers do not have to drive to the pre-file site, and will keep officers within their respective and/or neighboring jurisdiction, enabling them to respond to calls for service in a timelier manner. The equipment will be purchased under a current Sate Attorney's Office contract agreement which by law complies with existing Federal, State and local laws and regulations. PROGRAM BUDGET Jurisdiction Name: DADE CHIEFS ASSOC. Program Area: Planning, Evaluation $Technology Imp. Program Name: Technology Enhancement Project Salaries and Benefits, Total Contractual Services, Total Operating Capital Outlay, Total Installation of New Units 4 units @ $450 Monitors 4 @ $150 DSL Routers 4 @ $500 Fax Machines 4 @ $250 Expenses, Total Equipment maintenance (SAO & PD) Monthly DSL fees Accessories (cables, plugs, etc.) Office Furniture Total Budget Dade County will reimburse an amount not to exceed: The 25% CASH MATCH for this grant is: The source of the CASH MATCH is: Police Department General Fund OCO levels begin at $300. 10/6/2005 Contact Person: Dpty. Chief Steve Steinberg 466-8996 PH -- 466-8991 FX Program Dates: 10/01/05 - 09/30/06 $0 $0 $5,400 $1,800 $600 $2,000 $1,000 $44,225 $2,000 $37,592 $2,300 $2,333 $49,625 $37,219 $12,406 ATTACHMENT B Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report RECORD IMPROVEMENT PROJECT PURPOSE AREA 15B (City) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE ID NUMBER: 06-JAGC-DADE-28-M8- GRANT NUMBER: HSB476 Re art Number 1 2 3 4 Quarter! Period October 1 - December 31 Janua 1 - March 31 A ril1 - June 30 Jul 1 - Se lember 30 ReDort Number Quarterlv Period ReDort Due Dates Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion of this report. Any report not received by January 16; April 16; July 16; and/or October 16, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. ....-... ~":J .. :::lll;o :J (") 0 <C (") Cl oQ;o (")0.)> o ~ s: 3 (") Z -c(l) CD~)> 1O,,"~ _::r)> 2:""T1-l enO_ -cr< omm ::1.- ci" III :J-c s.a .- roO ::r(") (I) _ ~ en ~ 3 o e: ::1.!e. ~" ~" ere: (1)0. - (I) o III e:o. -(I) 0- _Ill ()= o (I) 30. -co. -(I) tn" ~ :J ~ (") _. (1):2. , 0' ::r :J III 0 0.- ~""Q =0 o<c ::J OJ 03 III III o.n- (I) ;=:. ::J -. Dr ~ o en ....0' Cil ~ -. (I) 3 III er(") e:::r ~.o en e: (I) III 3 ::1. 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(I) < (I) o -c (I) 0. OJ :J 0. - o ~ ~ (I) < (ii' (I) 0. 0. e: ~ S" <C - ::r (I) .0 e: III ::1. (I) ~ "V O-l""T1 III (I) -< 0.(")0 roSa> (JoC ::r -0 e: -" n, (I) <C ~ it '< :J. (I) )>m~ en::J,< en::J"\l o ~ -, Q. (").9. III (I) (I) g3Q. ::J (I) \l a (I) \lB- ~o ~ ~" 3 (I) III n-::J (") (I) ;:0 (I) -c o ::1. Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (To Be Copied on Jurisdiction Letterhead) Ci : Date of Claim: Pro' ect Name: Claim Number: Tele hone: Claim Period: Name of Person Completing Form: 1. Total Federal Budget $ 2. Amount This Invoice $ (75% of your current claim) 3. Amount of Previous Invoices $ 4. Remaining Federal Balance $ (Subtract lines 2 & 3 from line 1) Sub Object Code Budget Categories Line Item Disallowed Exceeds Budget Federal Funds Local Match Category Totals Salaries & Benefits Contractual Services Operating! Capital Equipment Expenses Total Claim We request payment in accordance with our contract agreement in the amount of 75% of the Total Costs for this Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to comply with the local match requirements. Attached, please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested. Respectfully submitted. Chief of Police!Other City Official Payment Approved, Miami Dade County Miami Dade County Dade Chiefs Technology Project HSB476 Page 2 of 3 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses City: Date of Claim: Project Name: Claim Number: Name Officer/Staff Date of Actlvitv Type of Activitv* Total Hours . .(Presentation, Parent Meeting, Field trip, etc.) TOTAL HOURS AT$ . PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT. OFFICER/STAFF SIGNATURE: OFFICER/STAFF SOCIAL SECURITY NUMBER: CHIEF OF POLICE/CITY OFFICIAL SIGNATURE: I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: (School Principal) Note: Payroll reaisters. time sheets and 01 silos, documentlna oavroll exoenses, must be attached to process this oavment. Miami Dade County Page 3 of 3 Dade Chiefs Technology Project HS84 76 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Equipment, Supplies, Material Expenses) City: Date of Claim: Project Name: Claim Number: Item Date Check Vendor Descriotion Paid Number Amount TOTAL AMOUNT OF EXPENSES: NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment. ATTACHMENT C ATTACHME:\'T C DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavItS that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE F AMIL Y LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to muniCIpalitIes of the State of Florida. All other contracting entities or individuals shall read carefully each affidavIt to determine whether or not it pertains to this contract. I, Affiant , being first duly sworn state: The full I egal name and business address 0 f the p erson(s) 0 r entity contracting 0 r transacting business with Miami-Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address City State Zip Code _ I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts WIth pubhcly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % % % lof5 2. The full legal names and business address of any other individual (other than subcontractors. material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal. equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, 0 r who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall reqUIre the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. I. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Black: Hispanics: Males Males Males Males Females Females Females Females: Asian: American Indian: Aleut (Eskimo): Males Males Males Males Females Females Females Females _III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against mmority and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for pen odic review to determine their effectiveness in assuring the entity does not discriminate in .its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 20f5 The requirements of County Ordinance No. 98-30 may be waived upon the written recommendatIOn of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make-up of the nation and has submitted a wntten, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, a nd has submitted t he plan a nd policy to the County's Department of Business Development 175 N.W. I" Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted ofa felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 91-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall inform the employee about; I. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug-free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 30f5 _VI. MIAMI-DADE EMPLOYMENT F AMIL Y LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section IIA-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (I) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.c. 12101-12213 and 47 U.S.c. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.c. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. _VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.I(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent a nd currently due fees 0 r taxes -- including but n ot limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehIcles registered in the name of the firm, corporation, organization or individual have been paid. IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 40f5 _x. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any finn that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5%) of the firm's work force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefits (fonnerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. _XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At IlA-60 Et. Seq. of the Miami-Dade County Code). The finn desiring to do business with the County is in compliance with Domestic Leave Ordmance. Ordinance 99-5, codified at l1A-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami- Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/ A" all affidavits that do not pertain to this contract. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affinned) before me this day of 200_ by He/She is personally known to me or has presented (Type ofIdentification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of (State) Notary Seal 50f5 ATTACHMENT C 1 MUM/-DADE COUNTY FLORIDA ATTACHMENT C1 Form A-12 Code of Business Ethics In accordance with Resolution R.994.99 each person or entity that seeks to do business with Miami-Dade County shall adopt the Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami-Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principies and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami-Dade County/Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami-Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. 1ft he Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A-12. Compliance with Government Rules and Requlations We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection and Compensation of Contractors, Consultinq, Vendors, and Suppliers We, the undersigned Proposer will avoid conflicts of interest and disclose such confticts when identified; Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. 10/3/2005 Page 1 of 3 MIAMI-DADE COUNTY, FLORIDA Business Accountino All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no . off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; We, the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; . We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; Our proposal will be competitive, appropriate to the request for proposals/qualifications documents and arrived at independently; . Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Camoaians . We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law; . Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. 10/3/2005 Page 2 of 3 MIAMI-DADE COUNTY, FLORIDA . We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass-throuah Reauirements . This Code prohibits pass-through payments whereby the prime firm requires thaUhe MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Space. Equipment and Staff Requirements or Flat Overhead Fee Reauirements This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization . This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by . He/She is personally known to me or has presented (Type of Identification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) 10/3/2005 Page 3 of 3 ATTACHMENT C2 Attachment C2 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami-Dade County. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by . He/She is personally known to me or has presented (Type ofIdentification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of Notary Seal (State) 5/01 ATTACHMENT C3 Attachment C3 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TIllS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to Miami-Dade Countv by (print individual's name and title) for (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is ff the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133 (I)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. ] of2 5. I understand that a ~person" as defined in Paragraph 287.I33(I)(e), Florida Statutes, means any natural person or entity organized under the laws oC any state or oC the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision oC goods or services let hy a puhlic entity, or which otherwise transacts or applies to transact business with a public entity. The term ~person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on inCormation and belieC, the statement which I have marked below is true in relation to the entity suhmitting this sworn statement. (Please indicate which statement applies.) _Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners,s hareholders, employees, members, 0 r a gents w ho are active i n the management 0 r t he entity, nor any aCfiliate oC the entity has heen charged with and convicted of a public entity crime subsequent to July I, 1989. _The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, 0 r a gents who are active i n the management 0 C t he entity, nor any affiliate oC the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding beCore a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF TIDS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscrihed before me this Personally known OR Produced Identification day of 20_. Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped commissioned name of notary public) 20f2 ATTACHMENT D A TT ACHME~T D MIAMI-DADE DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104) Name of Organization: Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier subcontractors or sub-consultants who will perform any part of the Scope of Services Work, if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used"; do not state "N/A". NAME OF SUBCONTRACTOR OR SUB-CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list of suppliers who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this information. If the Provider will not use suppliers, the Provider must state "No suppliers will be used", do not state "N/ A". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: Title: Date: Firm Name: Fed. ID No. Address: Telephone: ( ) City/ State/Zip: Fax: ( E-mail: CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM FROM: BY: s Manager a:! d DATE: October 18, 2005 TO: SUBJECT: Recommendation - Work Authorization No. 01-0103..065 Professional Design Services for Hospital District North Collector Connection and NE 213th ST Outfall Update November 1, 2005 City Commission Meeting Agenda Item 5-1 Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. 01-0103-065 to Craven Thompson and Associates, Inc. for Professional Design Services for drainage improvements to the Hospital District North Collector connection and NE 213th Street Outfall Update at NE 34th Avenue for an amount of $89,500.00. This project is included in the Capital Improvements Program for both the 2005/06 and 2006/07 fiscal years. Background The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission. In particular, design plans will address connecting the drainage pipe currently extended just west of Biscayne Boulevard at NE 213th Street to the existing drainage pipe extended to NE 28th Avenue completing connection to the Hospital District. In addition, plans will address drainage improvements to the existing outfall at the intersection of NE 213th Street and NE 34th Avenue as required by Miami-Dade County Department of Environmental Resources (DERM). DERM will not allow connection to the Hospital District until the outfall update is complete. This is the reason the projects must be done together. The cost includes services pertaining to civil design, permitting, bidding, surveying and construction services. The proposed budget is $815,000. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2005"_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-065 FOR PROFESSIONAL DESIGN SERVICES FOR THE HOSPITAL DISTRICT NORTH COLLECTOR CONNECTION AND NE 213TH STREET OUTFALL UPDATE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the attached Work Authorization No. 01-0103-065 ($89,500.00) for professional design services by and between the City and Craven Thompson and Associates, Inc. Section 2. That the City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. , who , and The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005-_ Page 2 PASSED AND ADOPTED this 1st day of November, 2005 SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO. 01-0103-065 The City of Aventura has requested Work Authorization No. 01-0103-065 as provided for in the Agreement between the City of Aventura and Cmven Thompson and Associates, Inc. and approved by the City Commission on July 3, 200 I. This Work Authorization No 01-0103-065 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Scbematic Desi2D Pbase Prepare Site Specific Survey .................................................................................. $8,500.00 Scbematic Engineering Plans ................................................................................ $6,500.00 Coordination with City .......................................................................................... 5] .500.00 Total Scbematic Pbase .._................................................................................... $16,500.00 Desil!n Pbase Prepare Design Drawings..................................................................................... $24,500.00 Prepare Dminage Calculations ............................................................................... 52,800.00 Project Management............................................................................................... 53.500.00 Total Design Pbase .............................................................................................. 30,800.00 Permittinl! Pbase Prepare and Process Permits................................................................................... $4,500.00 Coordination with DERM ...................................................................................... $1.500.00 Total Permitting Pbase......................................................................................... $6,000.00 Biddinl! Pbase Prepare Bid DocumentsITecbnical Specifications ................................................. $2,500.00 Attend Pre-bid Conference ........................................................................................ $400.00 Total Bidding Pbase ............................._..........._..._............................................ $2,900.00 Construction Pbase Shop Drawing Review............................................................................................ $1,200.00 Site Visits (Based on ] 50 day Construction Period) ............................................ $ 14,500.00 Project Closeout Documentation.. ............. ....... ........ ............. ............ ..................... $2.500.00 Total Construction Pbase................................_................................................... 18,200.00 Reimbursable Exoenses Printing, Graphics, Communications ..................................................................... $2,500.00 Geotecbnical........................................................................................................... $3,600.00 Utility Locations.. ....... ........ .............................. ........ ............. ................................. $8,000.00 Couriers, Express MaiL, Etc.................................................................................... $1.000.00 Total Reimbursable Expenses ........................................................................... $15,100.00 Total Estimated Labor Expenses are .........m.m.................................................... $74,400.00 Total Estimated Reimbursable Expenses are...................m.................................. $15,100.00 The time period for this Work Authorization will be: Schematic Design Phase.............................................60 Days Design Phase ..............................................................90 Days Permitting Phase....................................................... 150 Days Construction Services Phase (estimate).................... 150 Days BY BY City Clerk City Manager Teresa M. Soroka. MMC Eric M. Soroka. ICMA-CM day of ,2005 APPROVED AS TO FORM BY Notice to Proceed Yes No City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. Project Initiation Date RECOMMENDED through its Capital Projects Manager By~tJ~' Capital Projects Manager Antonio F. Tomei I ~ day of 0 U . ,2005 EXHIBIT "A" Consultant shall prepare design drawings and specifications for the next phase of the North Collector Drainage Improvements on NE 28d1 Avenue and NE 213d1 Street to serve the Hospital District. The plans shall include the extension of the 54" drainage culvert west of Biscayne Blvd. and the connection to the 48" drainage culvert on NE 28th A venue. The plans will also include the drainage improvements to the existing outfall at the intersection ofNE 213d1 Street and NE 34th A venue as required by Miami-Dade County Department of Environmental Resources (DERM). This Work Authorization is based on portions of the general layout as proposed in the Drainage & Sanitary System Study of Biscayne Lake Gardens Neighborhood and Hospital District, prepared by Craven Thompson & Associates. Consultant will more specifically perform the following: . Perform field survey and prepare survey drawings sufficient for the proposed design. . Prepare engineering plans for the extension of the 54" drainage culvert west of Biscayne Blvd. and the connection to the 48" drainage culvert on NE 28d1 A venue and the drainage improvements to the existing outfall at the intersection of NE 213th Street and NE 341h Avenue. . Prepare Engineers Cost Estimate for the proposed improvements. . Prepare and submit drainage calculations and permit applications for a Miami-Dade County DERM Environmental Resource Permit. . Process the permit applications through thee respective agencies and obtain drawing approval by the City. . Prepare technical specifications for the inclusion into the City's Bid package. . Miscellaneous coordination with agencies, franchise utilities, and/or City. . Prepare bid documents and assist City in bidding the work. . Provide construction services, including general observation of the work to assure conformance with specifications and drawings. . Attend final inspections and coordinate with City and Contractor on tmal acceptance of the work. . Provide Statements of Completion as required by the permitting agencies and/or the City. The following services are not included: . Environmental services related to the existing North Collector drainage outfall. CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM FROM: Eric M. Soroka, City s Manager VCtJ TO: City Commission BY: Antonio F. Tomei, C DATE: ~ober18,2005 SUBJECT: Recommendation - Work Authorization No. 01-0103-064 Professional Design Services for Aventura Boulevard Road Resurfacing November 1, 2005 City Commission Meeting Agenda Item :s - F- Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. 01-0103-064 to Craven Thompson and Associates, Inc. for Professional Design Services for Aventura Boulevard Road Resurfacing for an amount of $43,500.00. This project is included in the Capital Improvements Program for the 2005/06 fiscal year. Backaround The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission. In particular, design plans will address milling and resurfacing Aventura Boulevard from Biscayne Boulevard to the eastern terminus at West Country Club Drive. The cost includes services pertaining to civil design, permitting, bidding, surveying and construction services. The proposed budget is $240,000.00. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-064 FOR PROFESSIONAL DESIGN SERVICES FOR AVENTURA BOULEVARD ROAD RESURFACING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the attached Work Authorization No. 01-0103-064 ($43,500.00) for professional design services by and between the City and Craven Thompson and Associates, Inc. Section 2. That the City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. , who , and The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005-_ Page 2 PASSED AND ADOPTED this 1st day of November, 2005 SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO. 01-0103-064 The City of Aventura has requested Work Authorization No. 01-0103-064 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01-0103-064 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 ofthe Agreement. DesilPl Phase Survey... ..... ............................ ........ .............. ............. .............. ...... ............ ........ .... $15,500.00 Prepare Design Drawings ..................................................................................... $10,500.00 Project Management ....... ......... ... ..... ..................... ........... ...... ............................ ........ $500.00 Total Design Phase ............................................................................................ $26,500.00 Permitting Phase Prepare and Process Permits................................................................................... $2,500.00 Total Permitting Phase......................................................................................... $2,500.00 Bidding Phase Prepare Bid Documents.......................................................................................... $1.500.00 Total Bidding Phase ............................................................................................. $1,500.00 Construction Phase Daily Site Visits (based on 120 day const)...............................................................$9,500.00 Project Closeout Documentation ........................................................................ ...... $1.500.00 Total Construetion Phase..................................................................................... $11,000.00 Reimbursable Exoenses Printing, Graphics, Communications .......................................................................... $500.00 Geotechnical............................................................................................................. $1 ,000.00 Couriers, Express Mail, Etc. .................................... ............ ................. ............ ........... $500.00 Total Reimbursable Expenses ...............................................................................$2,000.00 Total Estimated Labor Expenses are ......................................................................$41,500.00 Total Estimated Reimbursable Expenses are............................................................$2,000.00 The time period for this work authorization will be: Design Phase ............................................................120 Days Permitting Phase.........................................................60 Days Bidding Phase............................................................. 75 Days Construction Services Phase (estimate).................... 120 Days BY BY City Clerk City Manager Teresa M. Soroka. MMC Eric M. Soroka. ICMA-CM APPROVED AS TO FORM day of .2005 BY Notice to Proceed Yes No City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. Project Initiation Date RECOMMENDED through its Capital Projects Manager BY ~ --:f-J~' Capital Projects Manager Antonio F. Tomei I 7' day of oct. ,2005 EXHIBIT "A" Consultant shall prepare roadway milling, resurfacing and pavement marking drawings for Aventura Boulevard from Biscayne Boulevard to the eastern terminus at West Country Club Drive, approximately 2,600 lineal feet in length. Our scope of service shall include surveying, engineering design and construction services. Consultant will more specifically perform the following: . Prepare Design Survey to include the following: o Establish horizontal control and baseline of survev. This will be accomplished through conventional field traversing based on existing control in the adjacent streets and properties. Baseline control points will be set in order to obtain locations, cross sections and topography sufficient to prepare I "=30' scale maps. The baseline will extend along the route as noted above. Baseline survey points will be set at 500 foot stations, at all changes in direction, and at street intersections. Reference points will be set for ease of baseline replacement during construction. o Recover and establish vertical control Doints (benclunarks). Datum will be in National Geodetic Vertical Datum (NGVD) of 1929. Benclunarks will be set at the 500-foot stations noted above. o Calculate Dlats and rights-of-wav for base maD. CT &A will calculate the rights-of-way, lot lines, and platted easements. These calculations and line work will be used as a base for all future mapping efforts. o Locate right-of-wav and/or Drooertv comers and calculate ~best fit" location of Dlatted lands and rights-of-wav. This office will field locate all existing right-of-way monumentation and property corners along the design route and determine the best location or adjustment of the rights-of-way and property parcels. o Obtain location and tODolUllDhv within the limits of the proiect. We will locate visible fixed improvements (excluding trees) and topography in order to indicate sufficient detail for preparation of the I "=30' scale design survey. This data will include up to 10 feet outside of the right-of-way at all driveways and street intersections. o Provide cross-sections of route at 100-foot intervals. We will establish 100 foot stationing along the route and obtain elevations of existing physical features (cross-sections) to include all changes in elevation. o Utility Locations. This task will consist of locating the visible utilities along the route. Underground location will not be performed. o Obtain elevations of rims of existing storm and sanitarv sewer svstems. We will locate and obtain elevations of existing rims. o Pavement Markings. We will obtain locations of exiting pavement markings. o Preoare design survev base man in AutoCAD format of all information noted above. This task will include all survey-based data collected through the tasks as noted above. The software used will be Land Development Desktop by AutoDesk. Symbols will be used for most locations and enhanced, where needed, with labels to indicate features. The deliverables will be electronic files of the base data in plan view. The base map will be in one overall electronic file and a CD provided of the file. . Prepare roadway resurfacing and pavement marking plans. . Prepare Engineers Cost Estimate for the proposed improvements. . Prepare and submit construction permit applications. . Process permit applications through agencies. . Prepare teclmical specification for the inclusion into the City's Bid package. . Miscellaneous coordination with agencies, franchise utilities, and/or City. . Construction services, including periodic observation of the work to assure conformance with specifications and drawings. TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ..s::; Eric M. Soroka, Citr..rger October 20,2005 Agreement for Building, En ineering Inspection and Plan Review Professional Consultant Services with CSA Southeast, Inc. November 1, 2005 City Commission Meeting Agenda Item 5"'. G RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing execution of an Agreement for Building, Engineering Inspection and Plan Review Professional Consultant Services with CSA Southeast, Inc. BACKGROUND As previously authorized, the City Administration has negotiated a Scope of Services and Fee Schedule for the subject services with CSA Southeast, Inc. The firm has been providing services to the City since 1996. The major points of the Agreement are as follows: (the underlined sections are new to this Agreement). 1. 2. City continues to employ the Chief Building Official. CSA will be compensated 70% of the first $100,000 of monthly gross building permit fees collected by the City and 65% of any additional fees. The Agreement expires November 1, 2009. CSA will pay 100% of the cost of software and computers to implement field computer scheduling up to $10,000 per year. Building inspections will be provided within 24 hours after the City receives a request for inspection during normal business hours. Plan reviews will be completed within ten working days after the City receives a request for plan review. The Agreement may be terminated for cause by the City or Consultant upon 14 days' notice. The City may cancel the Agreement without cause upon 120 days' written notice. The Consultant can cancel the Agreement 3. 4. 5. 6. 7. Memo to City Commission Page 2 without cause upon 180 days' notice. A modified cost sharing formula has been inserted that would take effect during the termination transition period. 8. CSA will provide a Buildinq Clerk Assistant position at their cost to assist in the coordination of inspections and perform the records retention function for the Buildinq Division. If you have any questions, please feel free to contact me. EMS/act Attachment eeo 1434-05 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND CSA SOUTHEAST, INC. FOR BUILDING, ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and CSA Southeast, Inc. for Building, Engineering Inspection and Plan Review Professional Consultant Services. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner _, who moved its adoption. The motion was seconded by Commissioner _' and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005-_ Page 2 PASSED AND ADOPTED this 1st day of November, 2005. SUSAN GOTTLIEB. MAYOR ATTEST: TERESA M. SOROKA. MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ~~ CITY ATTORNEY . CITY OF A VENTURA AGREEMENT FOR BUILDING AND ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES TillS AGREEMENT made and entered into this 1st day of November, 2005 by and between the CITY OF A VENTURA, hereinafter referred to as "City" and C.S.A. SOUTHEAST, INC., 15050 NW 79th Court, Suite 201, Miami Lakes, Florida 33016, a corporation, hereinafter referred to as "Consultant". IN CONSIDERATION of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. A. The Consultant agrees to provide building, and engineering inspection and plan review for building, structural, plumbing, electrical, mechanical and engineering requirements as contained in the Florida Building Code, including any Miami- Dade County amendments thereof. B. Services will be provided by personnel provided by the Consultant in accordance with the job classifications contained in Exhibit "A". All such personnel shall be and remain employees of Consultant, not City. C. The Consultant shall also provide support services as reasonably requested by the City Manager relating to organization and coordination of the various activities with City staff. D. Both parties understand that City will employ its own Chief Building Official as defined by the Florida Building Code and F.S 458. Employees of the Consultant shall coordinate their work through the Consultant Project Manager who will report to the City's Chief Building Official for inspection and plan review services and with the Community Services Director for engineering application reviews. 2. FEES FOR SERVICES. The Consultant agrees to charge the City the following fees for services: 1 A. For services provided pursuant to paragraph lA, Consultant shall be compensated with seventy percent (70%) of the first $100,000.00 of gross building and/or public works permit fee amounts collected by the City and sixty five percent (65%) of any additional permit fees collected by the City calculated on a calendar month basis. However, the Consultant shall receive only thirty five percent (35%) of the gross building and/or public works permit fee amounts for all projects owned, paid for and to be operated by the City. B. In addition to the fees described in paragraph 2A above, City shall compensate Consultant at the rate of seventy dollars ($70.00) per hour for the hours worked by engineering services provided by Consultant. C. City shall pay Consultant within thirty (30) days of invoice by Consultant. 3. TERM OF AGREEMENT. This Agreement shall become effective upon signature of both parties and shall continue in full force and effect until midnight, November I, 2009. However, this Agreement may be extended upon mutual agreement of both parties. This Agreement may be terminated by written notice of termination provided pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS. A. All original I.D. cards, badges, sketches, tracings, drawings, computations, details, design, calculations, work papers and other documents and plans that result from the Consultant providing Consultant providing specified services shall be the property of the City. Upon termination of this Agreement or upon request of the City during the term of this Agreement, any and all such document shall be delivered to the City by the Consultant. B. Consultant shall provide all necessary vehicles, mobile phones and/or radios and equipment for their employees to perform the services required by this Agreement. C. City shall provide badges, photo I.D., workspace and telephones for all inspectors employed by Consultant to perform the services required by this Agreement. D. Consultant shall pay for one hundred percent (100%) of the cost of the necessary software and computers (the "Computer Equipment") to implement field computer technology up to a maximum of $10,000.00 per year. Provided this 2 Agreement is not terminated prior to November I, 2007, the Equipment shall become the sole property of the City. 5. SERVICE STANDARDS. Consultant agrees to provide the services as required by paragraph IA based on the following standards for service: A. Consultant shall seek to provide building inspections within twenty-four hours after the City's Community Development Department receives a request for inspection during normal business days. B. Plan reviews shall be completed within ten working days after the Community Development Department receives a request for plan review. C. Consultant shall seek to maintain their personnel available for customer service assistance during normal counter hours and as a minimum between 8:30 and 10:00 am. 6. INSURANCE. The Consultant shall at all times carry professional liability insurance, worker's compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance within minimum policy limits in the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar amount of workers' compensation coverage shall be as provided by Chapter 440, Fla. Stat. The City shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the City 30 days prior to the effective date of cancellation. 7. ASSIGNMENT. This Agreement shall not be assignable by Consultant. 8. PROHIBITION AGAINST CONTIGENT FEES. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the 3 award or making of this Agreement unless approved by the City Manager of the City of A ventura. 9. TERMINATION. This Agreement may be terminated by the Consultant upon fourteen (14) days' written notice with cause and upon 180 days written notice without cause. This Agreement may be terminated by the City upon fourteen (14) days' written notice with cause and upon 120 days written notice without cause. If this Agreement is terminated, the Consultant shall be paid for all reasonably acceptable work performed and pertinent expenses up to the date of termination. In the event of termination without cause or upon City's notification of its intention not to renew this contract no later than 150 days prior to this Agreement's scheduled termination date, the fee sharing arrangement described in paragraph 2A above shall be modified as follows: City share Consultant share Fifth month immediately preceding the termination date 40% 60% Fourth month immediately preceding the termination date 50% 50% Third month immediately preceding the termination date 60% 40% Second month immediately preceding the termination date 70% 30% First month immediately preceding the termination date 80% 20% As of the beginning of the five month termination period described above, Consultant's scope of work shall be reduced as follows. Consultant will not be required to provide inspection services on any projects where Consultant did not previously perform the plan review. 10. NONEXCLUSIVE AGREEMENT. The services to be provided by the Consultant pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. The cost of those services will be deducted from the monthly amount due to the Consultant. 11. ENTIRE AGREEMENT. The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 4 12. WARRANTIES OF CONSULTANT. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the Specified Services. 13. ATTORNEYS' FEES. In the event any party hereto institutes litigation or arbitration to enforce its rights or remedies hereunder, the party prevailing in such litigation or arbitration shall be entitled to an award for costs incurred in connection with such litigation or arbitration. 14. NOTICES. All notices and communications to the City shall be in writing and shall be deemed to have been property given if transmitted by registered or certified mail, postage pre-paid, or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: CITY: Eric M. Soroka City Manager City of Aventura Govemment Center 19200 West Country Club Drive A ventura, Florida 33180 CONSULTANT: Carlos A. Penin, P.E., President C.S.A. Southeast, Inc. 15050 NW 79th Court, Suite 201 Miami Lakes, FL 33016 15. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Miami-Dade County, Florida. 5 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. C.S.A. Southeast, Inc. CONSULTANT: CITY C.S.A. Southeast, Inc. 15050 NW 79th Court, Suite 201 Miami Lakes, FL 33016 City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 By: Carlos A. Penin, President By: Eric M. Soroka, City Manager Attest: Attest: Teresa M. Soroka, CMC City Clerk Approved: City Attorney 6 EXHIBIT "A" Job Classifications: The following job classifications will be staffed with a minimum of six (6) certified and two staff persons: A. Contract Project Manager is a Consultant employee who will monitor and coordinate the daily operation between the City and Consultant. B. Structural Plan Reviewer is certified by the Miami-Dade County Board of Rules and Appeals. This Professional Engineer performs structural review of building permit plans as mandated by the revised Florida Building Code requirements. C. Chief Building Inspector is certified by the Miami-Dade County Board of Rules and Appeals. He performs all plans review and field inspection of structural, building, A.DA. and roofing components. As construction progresses, mandatory inspections are performed per requirements of the Florida Building Code. He is responsible for supervising the inspection activities of all trades and the threshold buildings and special inspectors. D. Threshold Buildings Inspector, Mechanical, Plumbing and Electrical Officials are delegated power by the Building Official to enforce the Florida Building Code to interpret the Code requirements of their respective trades and supervise the construction activity and progress. E. Building Clerk Assistant is reporting to the Customer Service II in charge of the permit counter. He/she will help the coordination of received inspections, distribution for the inspectors, plan reviews and filing system. He/she will perform the record retention functions for the division and coordination with the scanning contracted company. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: City Commission ... ~ Eric M. Soroka, ICMA-CM, C7~( g r October 20, 2005 TO: DATE: SUBJECT: Resolution Authorizing Execution of Agreement With the State Attorney for Prosecution of Aventura Code Violators November 1, 2005 City Commission Meeting Agenda Item ~ J.4 RECOMMENDATION It is recommended that the City Commission authorize the execution of an Agreement with the State Attorney's Office for the prosecution of Aventura Code Violations. BACKGROUND The State Legislature amended Section 27.01 Florida Statutes to provide that the State Attorney shall appear in the courts to prosecute violations of municipal ordinances if the prosecution is ancillary to a state prosecution or if the State Attorney has contracted with the municipality for reimbursement for services rendered. The legislators passed similar laws requiring municipalities to pay for the representation of criminal defendants by the public defender's office. As a result, those cases that a City requests the State Attorney's Office to prosecute will be subject to a charge of $50.00 per hour each to the State Attorney and Public Defender. Attached hereto is the subject Agreement which provides the option to the City to utilize the State Attorney's Office. If you have any questions, please feel free to contact me. EMS/act Attachment CC01433-05 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City of Aventura Code. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner _' who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005-_ Page 2 PASSED AND ADOPTED this 1st day of November, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ~~ CITY ATTORNEY , AGREEMENT BETWEEN C.~ (') ~ Av&..-fu...e... AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE C,'1 0 of 4\'-4"'-+u.-.. CODE This agreement is entered into this _ day of , 2005, by and between C~of Ave....-h..v"ra political subdivision of the State of Florida (hereinafter referred to as the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida (hereinafter referred to as "State Attorney"). WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: I ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code for the period of October 1, 2005, through September 30, 2006. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. ARTICLE II Terms This agreement shall expire on September 30, 2006, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Pavment Schedule 2 The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to, the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous month. The City shall remit each payment within ten (10) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Reportinl! All required reports shall be submitted to the 3 ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Chare:es This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE IX Non-Discrimination The State Attorney agrees to abide and be governed by Title II of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race, color, sex, religious background, ancestry, or national origin in performance of this contract, in regard to persons served, or in regard to 4 employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination, the City shall have the right to tenninate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: NAME City Commission By: POSITION By: e",~ ~. SO" 0 K... e., "'""t M Ii- ""..,e.,.. State Attorney's Office Eleventh Judicial Circuit ATTEST By: By: T. F. Mannelli Executive Director 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: DATE: October 6,2005 SUBJECT: Request of Clear Channel Outdoor for revision to the approval granted through Resolution No. 2003-06 (01-MRC-05) November 1, 2005 City Commission Meeting Agenda Item /l) RECOMMENDATION It is recommended that the City Commission Condition 1) of the approval granted through following conditions: approve the requested revIsion to Resolution No. 2003-06, upon the . 1. All conditions of Resolution No. 2003-06 not revised through this approval shall remain the same and in full force and effect; and 2. All advertising on the rear (west) face of the sign will comply with the terms of the agreement made between the applicant and the City approved by Resolution No. 2005-39 on September 6, 2005. THE REQUEST The applicant, Clear Channel Outdoor, is requesting modification to Condition 1) of the approval granted through Resolution No. 2003-06 in order to substitute a revised plan that permits commercial advertising on the southern most panel of the rear (west) face of its billboard. The billboard is located at the southwest corner of Biscayne Boulevard and Ives Dairy Road. Resolution No. 2003-06 currently provides that only a "Welcome to Aventura" sign is permitted on the rear (west) face of the sign. (See Exhibit #1 for Letter of Intent, Exhibit #2 for Location Plan and Exhibit #3 for photograph of the rear face of the sign) BACKGROUND On January 7, 2003, the applicant was granted approval through Resolution No. 2003- 06 to modify an existing commercial advertising sign and to elevate the sign to an overall height of 55 feet. This sign is located at the southwest corner of Biscayne Boulevard and Ives Dairy Road. The 2003 approval was granted upon the following conditions: 1) Plans shall substantially comply with that submitted as follows: · Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02,7/11/02,9/27/02, 10/30/02 and 12/10/02, 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) The applicant agrees to fulfill all of its obligations defined in Section II of the agreement made between Clear Channel Outdoor Inc. and the City of Aventura dated September 3, 2002. These obligations include, but are not limited to, the following: i. The applicant will demolish and completely remove, within 30 days of issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C" respectively to this Resolution, prior to modification of Billboard No. 2 depicted on Exhibit "D" to this Resolution. ii. The applicant will advise Florida East Coast Railway Company, within 10 days of the date of this Resolution, that it has no objection to the obstruction, if any, of visibility of certain billboards which are situated upon the ground or upon buildings or structures located on or near the FEC right of way in the vicinity of Biscayne Boulevard and NE 187 Street. iii. No replacement of Billboards No.1 and No.6 will be installed. iv. No further billboards will be installed at any location in the City of Aventura. 4) As proffered by the applicant at the November 21, 2002 City Commission workshop meeting, the applicant voluntarily agreed to the imposition of a condition, herein imposed, to be further supported by applicant's recordable covenant to the City, that no advertisement for "adult use" as defined in Section 31-21 of the City's Land Development Regulations shall be placed on the subject sign. 5) As proffered by the applicant at the January 7, 2003 Commission meeting, the applicant voluntarily agreed to the imposition of the condition, herein imposed, to be further supported by the applicant's recordable covenant to the City, that the variance granted by this Resolution shall expire on a date which is twelve years after the date of adoption of this Resolution, to-wit: January 6, 2015 (the 2 "Expiration Date"), and Billboard No.2, as modified and elevated pursuant to this variance, shall be completely demolished and removed by the applicant or applicant's successors on or before the Expiration Date. 6) The applicant shall provide its recordable covenant to the City that it and its successors will not object to the existing or any future landscaping in the center median of Biscayne Boulevard in the vicinity of the subject sign and confirming irrevocably that the applicant has no objection to any existing City landscaping in the FEC right-of-way at any location in the City. 7) That the form and substance of the covenants described in Conditions numbered 4), 5) and 6) above shall be subject to the approval of the City Attorney. The covenants are required prior to permit issuance. Conditions 2) through 7) have been fulfilled. Building permits were obtained within 12 months of the date of the resolution. The covenant was recorded as required. The plan approved in Condition 1) indicated that the rear (west) side of the billboard was to be "blacked out" except that a "Welcome to the City of Aventura" sign may be erected on this side of the sign at the City's option. This is the condition subject of this revision request. The applicant wishes to place advertising on the southern most panel of the rear (west) side of the sign, while maintaining the "Welcome to the City of Aventura" sign on the northernmost panel. It has submitted a new plan that deletes the requirement to "black out" this face. The revised plan is attached as Exhibit #4. The applicant entered into agreement with the City in September of 2005 by which the applicant agrees to dedicate and pay to the City at least fifty (50%) percent of all net revenue received from the use of the southern most panel of the billboard back for commercial advertising purposes, payable in monthly installments to be utilized by the City for operational or capital expenses of the City of Excellence Charter Schools. The agreement was approved by the City Commission by Resolution No. 2005-39 on September 6, 2005. The applicant has agreed that the billboard back will not be used for advertising that includes or refers to alcoholic beverages, tobacco products, pari- mutuel gaming, adult entertainment uses or any use that is reasonably objectionable to the City. The northern most panel is reserved for the "Welcome to the City of Aventura" sign unless the City Commission by future motion later determines that the entire billboard back may be used for advertising. This agreement is effective only in the event that the City Commission grants the requested modification to Condition 1) of Resolution No. 2003-06. The applicant acknowledges that the City Commission will make its decision upon the modification in accordance with the pertinent variance condition modification criteria provided by Section 31-76(f) of the City Code and the quasi-judicial procedures of the City. ANALYSIS: 3 Section 31-76(f) of the City's Land Development Regulations provide that the City Commission may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards of review and to prevent or minimize adverse effects on other property in the neighborhood. The standards of review were demonstrated to be satisfied by Resolution No. 2003-06. The applicant has fulfilled the conditions of that resolution. It has also entered into a new agreement with the City to limit the type of advertising that can be placed on the rear (west) side of the sign which will prevent or minimize adverse effects on other property in the neighborhood. Staff therefore recommends approval of the request to modify Condition 1) of Resolution No. 2003-06 to allow advertising on the back (west) side of the commercial advertising sign located at the southwest corner of Biscayne Boulevard and Ives Dairy Road. 4 ~ CLEARCHANNEL OUTDOOR September 12, 2005 City of Aventura 19200 West Country Club Drive Aventura FL 33180 Re; Letter of Intent regarding Public Hearing Application for Modification of Resolution 2003-06 Ladies/Gentlemen: The Applicant, Clear Channel Outdoor,Inc" a Delaware corporation registered in Florida as CC Outdoor, Inc. ('Clear Channel") applies for a modification of Resolution 2003-06('Reso1ution") to permit it to place advertising on the back of its billboard ("Billboard Back") located on the Southwest corner of Biscayne Bou1evard(US1) and Ives Dairy Road when none is permitted under the terms of the Resolution other than a 'Welcome to the City of Aventura" In order to induce the City of Aventura(~City.) to grant the modification, Clear Channel agrees that fifty percent{SO%) of all net revenues generated by any advertisements placed on the Billboard Back would be paid to the City for use in its Excellence Charter Schools of the City. Further, Clear Channel agrees that its obligations and restrictions as set forth in its September 3, 2000 agreement with the City and in the. Resolution except to the extent as amended by any modification of ' Resolution adopted by the City Commissioners shall be applicable to the Billboard Back. In addition, Clear Channel shall prepare certified mailing labels for properties within a 300 foot radius of the Billboard Back and deliver to the City duly executed Representative and Business Relationship Affidavits in form and substance acceptable to the City. The granting of the modification would benefit both the City and Clear Channel and be in keeping with the spirit of the Resolution. Very truly yours, By: fZ~$~ C1ea Exhibit # 1 Ol-MRC-05 ClearChannel Outdoor 5800 N.W. 77[h COUrt ~ Miami, FL 33166 .,05 S92" 6150 T.I 477" 4750 f_c> _._._._._._._ f ' - -, 'i .... .. . . ... ... :\-.o"lrrll"l'&"""'~Io"':"~())'-'- Gulf~trl'am '- YACHT CLUB OR . POlk . MARINA . I COVE . I \ HARBOR CIRCLE . ! WAY . 1Lf) ~ 1t<101''i'J'''1 : <( . ) ~ .~ f~ . i LJ :iJI . I ! . ' . . . . . . . . . -'- . % : -'- . !{ . i.tJ · l:O . ~ . g: . '-' . . . . . . . . . . . . . . 33180 : . '_._._._._._._._._._._._.~ 1 58T 33 60: . . . . . . . . . . . . . . . . , .""'~<I!I"""" . . c . . . . . . . . . ~ .f;';i; . . . . . . ~ ;{.~~~. . . . . . . . . , . 'lo. BROWARD COUNTY ..-.---.-. ,'" '. :. :. :. ;. :. '. :. :. :. :. :. .. :. :. :. :. :. :. :. :. IVE8 DAIRY RD. :. DADE COUNTY >' ;;: I W X o ~ MIAMI GARDEN8 DR. J Walerwan WATERWAYS BLVD. Shopp,,' 207 8T COUNTRY CLUB DR. ;. .. :. :- :' '. ;. ., :, ;1 '. ;1 '. ;1 :. :. " :. ;1 :. :' :' ,. i' ,. ;1 " j, " :. .:- 201 TER. a: o ro ::J ....J C) >- 0:: >- Z ::J o C) q a Tumber,.)' Isle Resort & Club AVENTURA e\..\JO' FireD D Rescue A\'entura Station Library Aventura Mall 1928T. 1918T. '<::::::) 1908T. Loehmann's Fashion u.i Island ~ en N 188 8T. 1838T. Dumfoundling Bay Little Maule Lake z rn '" - TEA8T '0" 9, Maule Lake Exhibit #2 0l-MRC-05 LEGEND 1928T. -- ci > ....J ro Z <( w C) o ci > ....J m Z if, C) o Atlantic Ocean e Roadways City Boundary ZIP Code Boundary Railroad 09/15/2005 THU 15:13 F~l 305 7143480 clear channel outdoor ~~~ B R~FFERTY ~ 0021015 . APPLICANT REPRESENTATIVE AFFIDAVIT Pursuanl \0 Section 3Hl(b)(2)(i) of \he City of A~enliJra lAnd Oevelo!lmoot Code, \his Appicanl Representative AffidavK Is hereby made and submitted. The undersigned authorized representative of the indi~idual or eotity applying for !he Development Pennlt. which ~ identified in the _ aooompanying application, ond the owner of !he property subject to the app~cation (d different) hen!by lists and idenrrlies all pernons represenllng the individual or entity applying lor !he Development PecmK In connection with !ho application, as 10Uows: Name Relationship (i.e. AftOl'neys. ArdJrects, liIndscope Archit<<1s. Enginears. Lobbylsl$. Etc.) ~ ~!lJJ ~:. f Jv1rY1Ge/ ~!,te1 e. A.J d /~~ ATTOI!~V /7 ~4/':'>.,t IcY (AItach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTEO ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPER'lY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(21(1V) OF THE CI'lY'S LAND DEVELOPMENT REGULATIONS IN THE CI'lY CODE, IN THE EVENT THAT PRIOR TO CONStDERATlON OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ~ DAY OF ~ fA -1} /'hklbt 200~ OWNER By: {Signa/ure} Name: (Print) nUe: . Address: STATE OF FLORIDA ) COUNT( OF MIAMI-OADE) Before me the undersigned authoril)' personally appeared ~~ I Jckl~n~ as the aulhorized re~entative of ll1e --..-"....--.....- .......~?_. eXBOJted this Affidavit for the purposes stated therein and that it is true and CXlnect. .- :.----' SWORN TO AND SUBSCRIBED BEFORE ME this 11 day of ~J /lff 2 , 1fJ Joolo Genco . . My CommiIIlOn 00356011 ~.~ Expire' Novembef 13, 200e 09/15/2005 THU 15:13 ~. ~ FAX 305 7143480 clear channel outdoor ~~~ B RAPRERTY ~003/015 BUSINESS RELATIONSHIP AFFIDAVIT* This Aflidav~ Is made pursuant to Section 31-71(b)(2)(II) of the C~y of Avenlufa Land Developmenl Code. The undelSigned Affianl hereby discloses tI1at (marn with 'x' >?icable portions only) If,. Affianl does not have a Business Relallonshlp with any member of the C~y CommiSS<>n or any Chy Advisory Board to wt\itt1 the application will be presented. [. l. Afflanl hereby <..closes Ihat " does have a Business Relalionship will1 a member of the City CommiSs<>n or a City Advisory Board to .",ich the application will be prosented, as ~Iows; (Ust name of Commissioner or Advisory Board Member) who SOlVes an the (List C~y Commission or City Advisory Board upen which member slll\'es). The nalure of the Business Relalionship is as fallows: I] , Member of Chy Commlsolon or Board holds an ownership interest in .xcess of , % of lot~ assets or capilal .1ocI: of AppI"lC3fl( or Representative; I] u. Member of CIty Commission or Board is a partner, cc>sharehald.r (as 1ll shares of a corporation wt\lch are not listed on any nallenal or '"!lional .tad< exchange) or joint venturer with the Appllcanl or Representative in any business ventJre; (I ii, The Applicant or Represent:ltive is a Client of a member of the City Commission or Board or a Clienl of another professional warning from the same office or far Ihe same emptoyer as the member of 111. City Commiss<>n or Board; I} iv. A City Commissioner or Board member is a Client of the Applicant or Representative: [) v. The Applicant or Representalive is e Customer of the member of the City Commission or Board (or of his or her employer) and llansacts mare than $10,000.00 of the bo.ines. of lI1e member of the C"hy Commission or Board (or his or her employer) in a given calendar year, [I vl The member of 111. City Commission or Board is a Customer of lhe Applicant or Representallve and transacts more than $25.000.00 of the business of the AppllC<lnl or Representative in 3 given calendar year. WITNESS MY HANDTHIS~DAY OF 5gfiEI'{IPIt. 2flO.;j APPLIC~' ~ BY:.h ::;rUle) ::::; ~?.!--... WITNESS MY HAND THIS J~r{,AY OF 5pfrpp1J~tt. 2riJ1 PROPERTY OWNER: By: Name: rille: (Signalure) (Print) (Print) "The terms 'Business Relatiooship: 'Cllent: "Customer.' 'Applicant: 'Representative' and 'Interested Person" are defined in Section 2~95 of the Aventure Clly Code. 7 09/15/2005 THU 15:13 F~l 305 i143480 clear channel outdoor ~~~ B R~FFERTY ~ 004/015 NOTARIZATION PROVISION STATE OF FLOR]OA ) COU]HV Of MIAM]-DADEI Before me, the undel'!ilgned .:I.l11horiIY, P'3r;onaUy appe3red~3?Aj..l 6., JXJ1FL 1,'19 Affiant, .",1'10 being firs! by me duly sworn, did swear or affltm mal hcl,he "ecu]eIl ]h~ Affid"l]for lI\e PUl1Xl"" 'la]ed there]n an~ Ihat ,I, ltue an, ",rreet ~ J/ ~ xFF 'T SWORN TO AND SUBSCRIBED belore me IhIS~~Y of >$I?il!/'f/i!l.or6- ~ I JYl.{ -,,"":l\. . . '-!:"_ >0" Nolary Public Slate of Flond. ToniClar' M UJWjQlUlll.1m.L Expires 02/1712009 (J~!-- Nolary Pubhc Stale ~ F/loridl Al Lar:ge IC N! -rK./C Pnnled N.me 01 Notary oJI I 7/ My commr.:slon exptret: " ?J9 STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me. the u"""ilne' 801I\0Oly. personally appea... _ 1! i. (at1~t J:.. lI\e A~~nt. who bei~ rnl by m. ~u~ ,wom, ~~ ,.ear or ,Iflrm Ih., he/she executed this Atrldavit.1or the purposes stated ",em, and thal It Is true and rrect - -~" - 0'" ~ JooIo Genco . ~ j !tr CommloIion OO35M11 ~..~ Expifes November IS. 200e taot I Printed Nameo! Not.1Y /1-/ ?; - U;O () My commk~lon explre~' ~ <i AF SWORN TO AND SUBSCRIBED before melh" tl day Of~. 2Oo,S STATE OFFLORIDA ) COUNTY OF MIAM.OADE) Before mo, the undeliigli8d authority, perso!'\8l1y appeared nelshc elcculed Il\ls Affidavit for th~ pUf1)a5e5 r;tated thert:m aod thet it is lrue and COlrect. the Affiant. who being first by me duly GW'::lm, did Gwear or aHirm InOl! AFFIANT SWORN TO AND SUBSCRIBED btforo me IhlS _ a:a.y of 200_. Nolart Pu~ic S13~ of F~rila Allatge Printed Name of NO!ilry fAy commission .xptru: STATE OF FLORIDA ) COUNTY OF MIMII-DADEI Before me, the undersigned authority, personaUy appeared he/she executed Itli$ Al'fidll'd ror the PurpMe! $taIecllhereln and !halll k lNe and CXlfTed. tho Af(tan!.. who belng flBl by me dujy sworn, did swear or affirm 1I1e.1 AFFIANT SWORN TO AND SUBSCRIBED befom me lhl&: _day of .200_. No18ryPlIbrlC Stale of Florld:l Al Large Printed N.1l'no of Notary My comml$s'lOft elplre.s' 8 09/15/2005 THU 15:14 FAX 305 i143480 clear channel outdoor ~~~ B RAPRERTY ~005/015 WITNESS MY HAND THIS /Sf1/0AYOF 5effGlJE~ .2005 REPRESENTATIVE: (Usted on Business Relationship Affidavit) By: ~ if ~dSlgnaJulB) Nam.::!soff1J ~; .:I/fltvII.(Print) TIUe: frrT~.eJlEV (Print) .~~~~- N:'~(Print) TIUe: v:p;Z4'~ (Print) By: (SignBlUIB) By: (SIgnature (Print) Name: (Print) (Print) Name: liUe: (Print) liUe: B y: (Signature) By: (Signature 11tle: (Print) Name: (print) Title: (Print) Title: (Print) By: (S(gnature) By: (Slgn8lure Title: (Print) Name: (Print) (Print) litle: (Print) TiUe: By: (Signature By: (Signature) Title: (Print) Title: (print) (Print) 11tle: (Print) Title: By: (Signature 11tle: (Print) Title: IPrlnt) By: (Signaturo Title: (Print) TiUe: (Print) NOTE: 1) Use duplical9 aheels if disclosure infonnation for Representative varies 2) Applicants and Affiants are advised to timely supplement thi. Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Developmeot Regulations in the City Code, in the event tllst prior to consideration of the application by the City Board Or Commission, the information provided in the Affidavit becomes incorrect or inoomplete. 9 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING CONDITION 1) OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2003-06 ADOPTED JANUARY 7, 2003 TO MODIFY THE APPROVED PLAN TO PERMIT COMMERCIAL ADVERTISING ON THE SOUTHERN MOST PANEL OF THE REAR (WEST) FACE OF THE SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND IVES DAIRY ROAD, CITY OF AVENTURA, ON PROPERTY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Clear Channel Outdoor Inc., was granted variance approval by Resolution No. 2003-06 adopted by the City Commission of the City of Aventura on January 7,2003 to modify a commercial advertising sign, subject to certain conditions contained in the Resolution; and WHEREAS, the applicant, through Application No. 01-MRC-05, is requesting a revision to Condition 1) of Resolution No. 2003-06 to permit commercial advertising on the southern most panel of the rear (west) face of the sign, where the Resolution provides that no advertising other than a "Welcome to the City of Aventura" sign may be placed on the rear face of the sign. 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. The applicant's request to modify Condition 1) of the variance previously granted by Resolution No. 2003-06 from: "1) Plans shall substantially comply with that submitted as follows: . Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02, 7/11/02, 9/27/02, 10/30/02 and 12/10/02, signed and sealed." to: Resolution No. 2005- Page 2 "1) Plans shall substantially comply with that submitted as follows: . Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02, 7/11/02, 9/27/02, 10/30/02, 12/10/02 and 9/14/05, signed and sealed." on property legally described in Exhibit "A" to this resolution, is hereby approved subject to the following conditions: 1. All conditions of Resolution No. 2003-06 not revised through this approval shall remain the same and in full force and effect; and 2. All advertising on the rear (west) face of the sign will comply with the terms of the agreement made between the applicant and the City approved by Resolution No. 2005-39 on September 6, 2005. Section 2. 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 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Harry Holzberg Commissioner Bob Diamond Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005- Page 3 PASSED AND ADOPTED this 1st day of November, 2005. 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 November, 2005. CITY CLERK LEGAL DESCRIPTION OF LAND The Florida East Coast Railway right of way lying in a portion of Section 35, Township 51 South, Range 42 East, commencing at the southwest corner of the southwest Y. of Section 35, thence N 87 degrees E, 598.23 feet, thence N 02 degrees W, 820.57 feet, thence N 87 degrees E, 100 feet for the point of beginning, Thence N 02 degrees W, 1640.18 feet southeasterly ad 311.84 feet, thence S 02 degrees E 200 feet southeasterly ad 313.20 feet, thence S 02 degrees E, 400 feet southeasterly ad 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly Miami-Dade County, Florida ~~r:~ARCHANNEL OUTDOOR Lease#:80125 Ride Description: US Hwy 1 WL 150F S/O NE 203rd St 9/1/05 West Faces - Only Reading to Eastbound traffic on 203 Street Exhibit #3 Ol-MRC-05 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, I City Manager TO: City Commission BY: Joanne Carr, AIC Planning Director DATE: September 20,2005 SUBJECT: Proposed Amendment to Section 31-21, "Definitions" of the City's Land Development Regulations to include a definition of gross leasable area; Proposed Amendment to Section 31-144(c), "Community Business (B2) District" of the City's Land Development Regulations to amend open space requirements for large shopping centers; and Proposed Amendment to Section 31-171, "Off Street Parking and Loading Standards" to amend the generalized parking values for large shopping centers (02-LDR-05) October 11, 2005 Local Planning Agency Agenda Item -!i...=.f!r 1st Reading October 11, 2005 City Commission Meeting Agenda Item 8'- A- 2nd Reading November 1,2005 City Commission Meeting Agenda Item ~ -4 RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the request for amendment to Section 31-21, "Definitions" of the City's Land Development Regulations to include a definition of "gross leasable area"; and, 2. Approve the request for amendment to Section 31-144, "Community Business (B2) District" to require a minimum of 15% landscaped open space for shopping centers with more than 1,000,000 square feet of gross leasable area; and, 3. Approve the request for amendment to Section 31-171, "Off Street Parking and Loading Standards" to revise generalized parking values for large shopping centers. THE REQUEST o The applicant, Turnberry Associates is requesting three amendments to the City's Land Development Regulations. The first amendment is to add a definition of "gross leasable area" to the definitions in Section 31-21 of the Code. The second amendment is to amend Section 31-144{c)(5)a. to require a minimum of 15% of the total lot area as landscaped open space for shopping centers with more than 1,000,000 square feet of gross leasable area. The third amendment is a change the generalized parking values contained in Section 31-171(12) of the Code to permit a standard of 1 parking space for each 250 square feet of gross leasable area for shopping centers with more than 1,000,000 square feet of gross leasable area. (See Exhibit #1 for Letter of Intent) BACKGROUNDIDESCRIPTION OF AMENDMENTS Staff has been in discussion with the applicant over the past several months regarding the proposed mall expansion to accommodate a new anchor store. The applicant has- identified two concerns with the existing code requirements as they relate to the proposed expansion. Those concerns are the open space requirement and the parking standards. I. Open Space Requirement The applicant's first concern is the landscaped open space required in the B2 zoning district. Based on the percentage of existing parking spaces located in parking structures, Section 31-144(c)5a. of the Code requires a minimum of 36% landscaped open space on the mall site. The applicant has provided plans showing that the current landscaped open space in the mall property is 15% of the site. This was the open space requirement under the County Code in effect when the Mall was constructed. The proposed expansion triggers the City Code requirement of 36% landscaped open space. When the City's zoning code was first enacted in July of 1999, there was no minimum landscaped open space set out in the site development criteria of the B2 zoning district. Landscaped open space was determined by setbacks, buffer areas, parking lot islands and medians required by the landscaping section of our code. There has been one retail plaza constructed under that Code requirement. The Aventura Town Plaza, a two story plaza containing 68,000 square feet of retail and office spaces and a bank with drive through, has 26% landscaped open space on its site based on those code criteria. Two large shopping centers in the City, namely, the Promenade Shops with 315,000 square feet of floor area and Aventura Commons with 267,000 square feet of floor area, both built under the former County Code, have 13% and 15% landscaped open space respectively. In October of 2001, the commercial zones in the City Code were changed to encourage structured parking which would then provide opportunity for more green space. The maximum height in the B2 zone was changed from 20 stories or 200 feet to 20 stories or 341 feet to accommodate parking levels underneath the building. As the building height increases, a greater percentage of open space is required. For example, a building with 0 2 to 33% of parking in a structure, 33 to 35% open space is required. A building with 33 to 66% requires 36 to 37% open space and a building with 66 to 100% of parking in a structure requires 39 to 40% open space. While this open space requirement is appropriate for tall, thin office buildings, it does not work well for large, low rise shopping centers. As the City Commission is aware, one of the recommendations of the 2005 Evaluation and Appraisal Report of the City's Comprehensive Plan is that existing intensities, including building heights, be examined. If reduced building heights are being examined in this zone and the same logic is used, that is, more open space is required as height increases, less open space would result as height decreases. For comparison purposes, staff has researched landscaped open space requirements for other regional malls in the County. The fOllowing table shows the results of that research. Cit of Aventura Miami-Dade County (Dadeland Mall, Sho in Center, Dol City of Hialeah (Westland Mall) 12% to 18% depending on acrea e No minimum open space requirement, open space is dictated b setbacks No minimum open space requirement, open space is dictated b setbacks Village of Sal Harbour (Sa I Harbour Shops) In staffs opinion, for regional shopping centers, 15% landscaped open space would suffice for aesthetic purposes since large open areas are not needed for public use in this type of commercial environment. What is needed for public comfort in a regional mall are public plazas with seating areas to meet others or rest, shaded areas, water features, landscaped corridors for pedestrians in enclosed areas that can also function as recreational walking areas outside of mall tenant operating hours and other public amenities such as art displays. The proposed amendment is to allow shopping centers with more than 1,000,000 square feet of gross leasable area that provide public amenities including, but not limited to, public plazas, fountains or other water features, seating areas and recreational walking areas and that do not exceed 5 stories in height to provide 15% landscaped open space. This 15% landscaped open space is to be extensively landscaped with grass, trees and shrubbery in accordance with a landscaped plan to be approved by the City. Non-leasable enclosed or non"enclosed areas which are landscaped, have water features or have permanent art displays may be counted as part of the required landscaped open space provided these areas do not exceed 10% of the required open space. 3 II. Parking Standards The applicant's second concern is the parking required for large shopping centers. Section 31-171 of the City Code sets out the parking required for individual uses, but also provides that shopping centers with more than 40,000 square feet of gross floor area may use generalized parking values. Centers with 40,000 to less than 200,000 square feet of gross leasable area may provide one parking space for each 225 square feet of gross floor area. Centers with 200,000 or more square feet or more of gross leasable area may provide one parking space for each 200 square feet of gross floor area. The Code further provides that any expansion of existing floor area requires an additional number of parking spaces based on the area of the expansion. As currently enacted, at one space for each 200 square feet for an expansion with 254,000 square feet of gross floor area, the Code requires 1,270 new parking spaces. The applicant has requested that the Code be revised to require one space for each 250 square feet for 216,300 square feet of gross leasable area, or 865 spaces for the proposed expansion. Staff has researched parking requirements for other regional malls in the County. The following table shows the results of that research. City of Aventura Miami-Dade County (Dadeland Mall, the Falls, Dolphin Mall) City of Hialeah (Westland Mall) Village of Sal Harbour (Sal Harbour Shops) 1 space per 200 square feet of gross floor area for centers with 200,000 square feet or more of gross leasable area 1 space per 350 square feet of gross floor area plus theatres at 1 space per 100 square feet and restaurants at1 space per 50 square feet of atron area 1 space per 200 square feet of gross floor area for the floor with the greatest floor area and 1 space per 500 square feet of remaining floor area 4 spaces per 1,000 square feet of leasable floor area or 90% of gross floor area, whichever is rea test 4 1,270 spaces (based on 254,000 square feet of gross floor area of expansion area) 725 spaces (based on 254,000 square feet of gross floor area, no theatre or restaurant in expansion area) 889 spaces (based on 254,000/21200 and 254,000/2/500) 865 spaces (based on 216,300 square feet of expansion area) The applicant's basis for its request to reduce the number of parking spaces is that increased square footage in a center increases the opportunity for shared parking, that is, one vehicle occupying one parking space may make stops at several different stores, at restaurants or at the theatre and thus reduce the number of vehicles to the site and therefore decrease the number of parking spaces needed. The applicant is further requesting that the number of spaces be based on the gross leasable square footage rather than the gross floor area, since regional malls have corridors, walkways, service and mechanical rooms that do not generate a parking need. Staff agrees with this reasoning. The proposed amendments are to include a definition of gross leasable area in Section 31-21 of the Code and to amend the generalized parking values in Section 31-171(12) of the Code to provide that shopping centers with more than 40,000 and less than 1,000,000 square feet of gross leasable area can opt to provide one parking space for each 225 square feet of gross leasable area and shopping centers with 1,000,000 or more square feet of gross leasable area can opt to provide one parking space for each 250 square feet of gross leasable area. PROPOSED AMENDMENTS The amendments proposed to the City's Land Development Regulations are as follows 1: Section 31-21. Definitions. . . . Gross Leasable Area shall mean the total floor area within a retail or office propertv that is available for lease to tenants. upon which tenants pav rent and that is desiqned for the tenant's occupancv and exclusive use. Gross leasable area does not include public or common areas. such as corridors. sidewalks. stairwells. elevators. mechanical and service areas. . . . Section 31-144 (c) Community Business (B2) District . * * (c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. . * * (5) Site development standards. 1 Underlined provisions constitute proposed additions to existing City Code text; ztricl<en thre~gA provisions indicate proposed deletions from existing City Code text. 5 a. Floor area ratio and lot coverage and mmlmum landscaped open space requirements: For purposes of this paragraph a., structure parking shall not count as part of the floor area, but may be counted towards calculation of the floor area ratio. 1. For all buildings: Any structure 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. 2. For those buildings not excepted in Section 31-144(c)(5)a.5 with zero--33 percent of the required parking located within a parking structure: The floor area ratio shall be DAD at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 33 percent of the total lot area. However, if structure parking level(s) Is/are counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildings on the site shall not exceed 38 percent of the total lot area. Additionally, the total minimum landscaped open space required shall be 35 percent of the total lot area. 3. For those buildings not excepted in Section 31-144(c)(5)a.5 with 33 percent--66 percent of the required parking located within a parking structure: The floor area ratio shall be OAO at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 36 percent of the total lot area. However, if structure parking level(s) is/are counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the total minimum landscaped open space required shall be 37 percent of the total lot area. 4. For those buildings not excepted in Section 31-144(c)(5)a.5 with 66 percent--100 percent of the required parking located within a parking structure: The floor area ratio shall be OAO at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39 percent of the total lot area. However, if structure parking level(s) is/are counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the total minimum landscaped open space required shall be 40 percent of the total lot area. 5. For shoppino center buildinos with over 1.000.000 s~uare feet of oross leasable area that provide public amenities includino. but not limited to. public plazas. fountains or other water features. seatino areas and recreational walkino areas and that do not exceed 5 stories in heioht. the minimum landscaped open space shall be fifteen (15%) percent of the total lot area. Said open space shall be extensively landscaped with orass. trees and shrubberv in accordance with a landscape plan to be approyed by the City Manaoer. The non-leasable areas within enclosed or non-enclosed malls which are landscaped with orass. trees and/or shrubberv. water areas therein. and areas therein with permanent art display areas may be used as part of the reouired landscaped open space provided such areas do not exceed ten (10) percent of the reouired landscaped open space. . . . 6 Section 31-171. Off-Street Parking and Loading Standards. . . . (b) Amount of off-street parking. The minimum number of parking spaces to be provided and maintained for each use or occupancy shall be as follows: . . . (12) Non-residential: Large Shopping Centers and/or Mixed-Use Developments. a. Shopping centers over 40,000 square feet in gross floor area may use the following generalized parking values: 1. One parking space for each 225 square feet of gross fIeef leasable area in shopping centers with 10(;(; than 200,000 more than 40.000 and less than 1.000,000 square feet of gross leasable area. 2. One parking space for each ~ 250 square feet of gross fleef leasabie area in shopping centers with 200,000 1,000,000 square feet or more of gross leasable area. . . . ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1, The proposed amendments are legally required. The proposed amendments are legally required to implement the requested amendments. The amendments are requested by the applicant to include a definition of "gross leasable area" in the City Code and to change the current code requirements for landscaped open space and parking standards for shopping centers with more than 1,000,000 square feet of gross leasable area, 2. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Specifically, Objective 9 of the Future Land Use Element provides that "".the City shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures to ensure that future land use is consistent with the Plan and to promote better planned development and community with well designed buildings," The goal of the Economic Development Element is to promote and improve the economic vitality of the City. The proposed amendments update the City Code to promote a better planned development and community and improve the economic vitality of the City. 7 3. The proposed amendments are consistent with the authority and purpose of the LOR. The proposed amendments are 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 amendments are consistent with this purpose. They will set out appropriate minimum standards for development and redevelopment of large shopping centers. 4. The proposed amendments further the orderly development of the City. The proposed amendments further the orderly development of the City. 5. The proposed amendments improve the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that they provide standards for development of large shopping centers. 8 DIRECT LINE: 305-377-6220 E.MAIL; jbercQw@brzoninglaw.com VIA FACSIMLE AND E-MAIL September 23, 2005 Mr. Eric Soroka City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Exhibit #1 02-LDR-05 Re: Letter of Intent; Land Development Code Amendment re: Landscaped Open Space and Parkin!; Requirements Dear Mr. Soroka: This law firm represents Turnberry Associates, Ine. (the" Applicant"), with regard to an application to amend the City of Aventura Land Development Code for parking and landscaped open space requirements for large scale shopping centers. Introduction. The City's landscaped open space and parking requirements are unduly restrictive for an existing regional mall, as compared to other jurisdictions throughout Miami-Dade County. These restrictions would put Aventura Mall, a super regional mall, at a competitive disadvantage with respect to other area regional malls. The City's LDR's need to allow reasonable and feasible improvements to the mall so that it can attract Nordstrom and other high profile businesses into the City. Landscaped Open Space Requirements. The current landscaped open space requirement was introduced by a 2001 City ordinance imposing new standards for structured parking. The purpose of these standards was to encourage increased height and landscaped open space throughout the City. Although this may have made sense for office developments, it is inappropriate for lower scale retail development, especially regional malls such as the Mr. Eric Soroka September 21, 2005 Page 2 Aventura Mall. It is also important to note that prior to the 2001 ordinance, there were no landscaped open space requirements for the business district. Additionally, we have reviewed the landscaped open space requirements for other jurisdictions throughout the County, and this analysis, attached as Exhibit A, clearly shows how Aventura is out of line with the standard requirements. While the landscaped open space requirements are typically between 10 - 18% of total square footage, the City of Aventura's requirement is for 36% as applied to the mall. This puts Aventura's requirements at more than double what they would be in other municipalities. Parkin~ Requirements. The parking requirements of the City are also too restrictive as applied to Aventura Mall. A similar analysis of the requirements of other municipalities with regional malls shows that the City's requirements are unduly burdensome. The City requires 1 parking space for each 200 square feet of gross floor area. By contrast, Miami-Dade County's requirements which apply to Dadeland Mall, the Falls and Dolphin Mall, provide for 1 space for each 350 square feet of gross floor area (with the exception of theaters and restaurants) and the Bal Harbour Village Code, which applies to Bal Harbour Shops, requires 4 spaces for every 1,000 square feet of gross leasable floor area (or 1 space for every 250 square feet). Hence, the City currently requires more parking than Bal Harbour and Miami-Dade County. Additionally, Aventura's LDR's require 1 parking space for each 225 square feet of gross floor area in shopping centers with less than 200,000 square feet of gross leasable area; yet require 1 parking space for each 200 square feet of gross floor area in shopping centers with 200,000 square feet or more of gross leasable area. In other words, the LDR's require proportionately more parking for larger centers than small centers. This is unusual because typically codes require less parking per square foot as the size of the center increases, based on the theory that there is more opportunity for shared parking as size increases. Proposed Amendments. The proposed ordinance attempts resolve these concerns in the following manner: . Providing a definition for "gross leasable area" in Section 31-21, defined as "the total area within a retail or office property that is available for tenants and upon which tenants actually pay rent;" · Amending Section 31-171 so that shopping centers with over 1,000,000 square feet of gross leasable area will be required to provide 1 parking Mr. Eric Soroka September 21, 2005 Page 3 space for each 250 square feet of gross leasable area. Currently, these shopping centers are in the same category as all shopping centers over 200,000 square feet of gross floor area and require 1 parking space for each 200 square feet; and · Amending Section 31-144, so that shopping centers with more than 1,000,000 square feet of gross leasable area, must follow a separate set of landscaped open space requirements which consider several factors, including total lot area, number of stories, and the amount of landscaped areas inside the shopping centers. For all the foregoing reasons, the applicant respectfully requests your favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6220. Sincerely yours, Jeffrey Bercaw cc: Mr. Ken Bernstein Mr. George Berlin Jodi Siegel, Esq. Ms. Joanne Carr Ms. Teresa Soroka David Wolpin, Esq. Michael J. Marrero, Esq. ORDINANCE NO. 2005-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF "GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS; AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE AND SPECIAL DEMANDS OF THESE LARGER CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Turnberry Associates, through and by Application No. 02-LDR-05 has requested certain amendments to the City's Land Development Regulations for shopping centers of over 1,000,000 square feet due to their unique and special demands apart from other smaller scale shopping centers, particularly with regard to parking and landscaped open space requirements; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174 of the 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, THAT: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Ordinance No. 2005- Page 2 Section 2. Code Amended. That Section 31-21 "Definitions" of Article II "Definitions and Rules of Construction", Section 31-144 "Business Zoning Districts" of Article VII "Use Regulations" and Section 31-171 "Off-Street Parking and Loading Standards" of Article VIII "Off-Street Parking, Loading and Driveway Standards" of Chapter 31, "Land Development Regulations" of the City Code are hereby amended to read, as follows 1: Section 31-21. Definitions. . . . Gross Leasable Area shall mean the total floor area within a retail or office property that is available for lease to tenants. upon which tenants pay rent and that is desiqned for the tenant's occupancy and exclusive use. Gross leasable area does not include public or common areas. such as corridors, sidewalks. stairwells. elevators, mechanical and service areas. . . . Section 31-144 Business Zoning Districts . . . (c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. . . . (5) Site development standards. a. Floor area ratio and lot coverage and minimum landscaped open space requirements: For purposes of this paragraph a., structure parking shall not count as part of the floor area, but may be counted towards calculation of the floor area ratio. 1. For all buildings: Any structure 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. 2. For those buildings not excepted in Section 31-144(c)(5)a.5 with zero--33 percent of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 33 percent of the total lot area. However, if structure parking level(s) is/are counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildings on the site shall not exceed 38 percent of the total lot area. Additionally, the total minimum landscaped 1 Underlined provisions constitute proposed additions to existing City Code text; strieKan threu~h provisions indicate proposed deletions from existing City Code text. Ordinance No. 2005- Page 3 open space required shall be 35 percent of the total lot area. 3. For those buildings not excepted in Section 31-144(c)(5)a.5 with 33 percent--66 percent of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 36 percent of the total lot area. However, if structure parking level(s) is/are counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the total minimum landscaped open space required shall be 37 percent of the total lot area. 4. For those buildings not excepted in Section 31-144(c)(5)a.5 with 66 percent--100 percent of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39 percent of the total lot area. However, if structure parking level(s) is/are counted towards calculation of the floor area ratio then the total lot coverage permitted for all buildings on the site shall not exceed 35 percent of the total lot area. Additionally, the total minimum landscaped open space required shall be 40 percent of the total lot area. 5. For shoppinq center buildinqs with over 1,000.000 square feet of qross leasable area that provide public amenities includinq, but not limited to, public plazas, fountains or other water features, seatinq areas and recreational walkinq areas and that do not exceed 5 stories in heiqht. the minimum landscaped open space shall be fifteen (15%) percent of the total lot area. Said open space shall be extensivelv landscaped with qrass, trees and shrubbery in accordance with a landscape plan to be approved bv the City Manaqer. The non-leasable areas within enclosed or non-enclosed malls which are landscaped with qrass, trees and/or shrubbery. water areas therein. and areas therein with permanent art display areas may be used as part of the required landscaped open space provided such areas do not exceed ten (10) percent of the required landscaped open space. * * * Section 31-171. Off-Street Parking and Loading Standards. * * * (b) Amount of off-street parking. The minimum number of parking spaces to be provided and maintained for each use or occupancy shall be as follows: * * * (12) Non-residential: Large Shopping Centers and/or Mixed-Use Developments. a. Shopping centers over 40,000 square feet in gross floor area may use the following generalized parking values: Ordinance No. 2005- Page 4 1. One parking space for each 225 square feet of gross fIoo!: leasable area in shopping centers with leE:E: than 200,000 more than 40,000 and less than 1.000.000 square feet of gross leasable area. 2. One parking space for each 200 250 square feet of gross fIoo!: leasable area in shopping centers with 200,000 1,000,000 square feet or more of gross leasable 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 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-Iettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This ordinance shall be effective immediately upon adoption on second reading. Ordinance No. 2005- Page 5 The foregoing Ordinance was offered by , who moved its adoption at first reading. This motion was seconded by being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by and upon , who moved its adoption at second reading. This motion was seconded by upon being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED on first reading this 11 th day of October, 2005. and Ordinance No. 2005- Page 6 PASSED AND ADOPTED on second reading this 1st day of November, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: f~ CITY A TIORNEY This Ordinance was filed in the Office of the City Clerk this _ day of ,2005. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: BY: Joanne arr, ICP~ Planning tor' FROM: DATE: September 20,2005 SUBJECT: Applications for Amendments to the Official Zoning Map of the City of Aventura by (1) amending the zoning designation for a .51 acre parcel on NE 34 Avenue and North Country Club Drive from CF, Community Facility District to RS2, Residential Single Family District (01-REZ-05) and (2) amending the zoning designation for two submerged parcels lying south of NE 207 Street and east of NE 34 Avenue measuring 5.39 acres more or less from RMF4, Multifamily High Density Residential District to CNS, Conservation District (02-REZ-05) October 11, 2005 Local Planning Agency Agenda Item ~ October 11, 2005 City Commission Meeting Agenda Item ~ November 1, 2005 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the application for amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for a .51 acre parcel of land at northeast corner of North Country Club Drive and NE 34 Avenue from CF, Community Facilities District, to RS2, Residential Single Family District, and; 2. Approve the application for amendment to the Official Zoning Map for the City of Aventura by amending the zoning designation for two submerged parcels of land lying south of NE 207 Street and east of NE 34 Avenue measuring 5.39 acres more or less from RMF4, Multifamily High Density Residential District to CNS, Conservation District, to be effective upon the owner obtaining all governmental approvals necessary to construct five boat slips and associated docks to be used as accessory uses to the five single family homes proposed on the 0.51 parcel owned by Aventura-Ensenada Inc. THE REQUEST As part of a settlement agreement with the owners, the City is acting as applicant on behalf of the owners, Aventura-Ensenada Inc. and Aventura Land and Development Corporation to request two amendments to the Official Zoning Map of the City of Aventura. The first amendment is a change to the zoning designation for a .51 acre parcei of land at the northeast corner of NE 34 Avenue and North Country Club Drive from CF, Community Facilities District to RS2, Single Family Residential District. The second amendment is a change to the zoning designation for two submerged parcels of land lying south of NE 207 Street and east of NE 34 Avenue together measuring 5.39 acres more or less from RMF4, Multifamily High Density Residential District to CNS, Conservation District. (See Exhibit #1 for Letters of Intent) BACKGROUND OWNER OF PROPERTY: Aventura-Ensenada Inc. (Parcel 1 in the legal description attached as Exhibit #4) Aventura Land and Development Corporation (Parcel 2 in the legal description attached as Exhibit #4) NAME OF APPLICANT: City of Aventura LOCATION OF PROPERTY: Parcel 1: NE 34 Avenue at North Country Club Drive Parcel 2: Submerged Land lying south of NE 207 Street and east of NE 34 Avenue (See Exhibit #2 for Location Map and Exhibit #3 for Aerial Survey Plan) LEGAL DESCRIPTION: Parcel 1: Part of Tract F, First Addition Biscayne Yacht and Country Club, Plat Book 89, Page 100, City of Aventura, as recorded in the public records of Miami-Dade County, Florida Parcel 2: Private Canal on the Plat of Aventura First Addition, Plat Book 99, Page 11 and Part of the Private Canal on the Plat of First Addition to Biscayne Yacht and Country Club, Plat Book 89, Page 100, City of 2 Aventura, as recorded in the Public Records of Miami-Dade County, Florida (See Exhibit #4 for complete legal description) SIZE OF PROPERTY: Parcel 1 : Approximately .51 acres Parcel 2: Approximately 5.39 acres DESCRIPTION IBACKGROUND I. Parcel 1 Parcel 1 to this application is a .51 acre upland parcel at the northeast corner of NE 34 Avenue and North Country Club Drive. It has been used as a private park for many years. The site is a grassed area with trees, a bench, a flag pole, pet waste facilities and two "George Berlin Park" signs. Upon enactment of the City's Land Development Regulations in July of 1999, this parcel of land was zoned CF, Community Facilities District, to recognize its past and current use as a private park. The future land use designation of the parcel is Medium- High Density Residential. The land owner had applied to the City Commission for rezoning of this parcel in May of 2004 from CF, Community Facilities District, to RMF4, Multifamily High Density Residential District. That request was denied by the City Commission because it did not meet the standards for review of amendments to the Official Zoning Map as set out in Section 31-77(f) of the City Code. In the staff report prepared for City Commission's consideration in May of 2004, City staff stated that it would support a reduced intensity of residential development on this site and suggested an RS2 zoning category which would allow the following uses: . One-family detached dwelling · Publicly owned recreation buildings and facilities, playgrounds, playfields and parks · Uses accessory to any of the above uses when located on the same plot . Zero lot line dwelling units The rezoning request is to change the zoning designation of this parcel from CF, Community Facilities District, to RS2, Residential Single Family District. The owner is proposing five single family, zero lot line dwellings. The City's Traffic Consultant had advised as part of the 2004 report that traffic associated with five single family dwellings would not be expected to have an adverse impact on traffic patterns or congestion. II. Parcel 2 Parcel 2 to this application is comprised of two parcels of submerged land lying south of NE 207 Street, east of NE 34 Avenue and north of the Ensenada and EI Dorado 3 condominium developments. The two parcels measure approximately 5.39 acres. The current zoning of these parcels according to the City's Land Development Regulations is RMF4, Multifamily High Density Residential District. The future land use designation of these parcels is "water". The land owner had applied to the City for administrative site plan approval for development of the most easterly parcel in December of 2004. The site plan proposed a 12 story, 148 unit residential condominium building on pilings in the canal. City staff had requested that the applicant address two threshold issues prior to continuing site plan review discussions. Addressing those issues was necessary for an amendment to the City's Comprehensive Plan Future Land Use Map and a plat restriction on use of the canal. The applicant appealed this administrative decision by staff. The appeal was filed on January 21, 2005, heard at the June 7, 2005 meeting of the City Commission, deferred at the request of the applicant at the June 7 meeting to the first meeting in September, 2005 and further deferred at the request of the applicant for an additional period of not less than 90 days from August 18, 2005. The rezoning request is to change the zoning designation of the two canal parcels from RMF4, Multifamily High Density Residential District, to CNS, Conservation District. The proposed CNS, Conservation District, zoning designation would allow the following uses: · Passive outdoor recreational uses such as wildlife sanctuaries and feeding stations, nature centers and trails, outdoor research stations and walkways · Fishing, boating and camping facilities · Structures used for flood control, drainage and water storage . Wetlands . Uses which do not impair the natural environment or disturb the natural ecosystem of the area and which are not in conflict with applicable water management and wildlife protection policies of local, state and federal agencies . Waterways The owner proposes to construct five boat slips and associated docks which will be for accessory use only to the five single family homes proposed on Parcel 1 of this report. These boat slips and docks will require approval of a Class I permit from Miami-Dade County Department of Environmental along with the approval of the City and other governmental agencies. As part of the Settlement Agreement, staff recommends that the rezoning ordinance provide that the rezoning of the canal parcels shall not be effective unless and until the owner receives the required governmental approvals for the five boat slips and docks. These two rezoning applications have been filed by the City as applicant pursuant to a Settlement Agreement between the owners and the City; however, each application remains subject to the same standards for review of amendments to the Official Zoning Map which the City Commission would apply to any rezoning application. Those 4 standards of review are contained in Section 31-77(f) of the City Code and are analyzed in the following sections of this report. ANALYSIS I. Parcel 1 The owner has submitted a conceptual site plan showing the proposed lot layout and color renderings of the proposed dwelling units. Five single family dwellings are proposed with access from NE 34 Avenue. The plan and renderings are attached as Exhibit #5. Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium High Density Residential Water Parks and Recreation Medium High Density Residential Medium High Density Residential CF, Community Facilities District RMF4, Multi-Family High Density Residential District ROS, Recreation Open Space RMF4, Multi-Family High Density Residential District RMF4, Multi-Family High Density Residential District private park marina golf course residential condominium residential condominium Access - The parcel has approximately 156 feet of frontage on North Country Club Drive and approximately 146 feet of frontage on NE 34 Avenue. Conformity to City Comprehensive Plan - The proposed amendment is consistent with the existing future land use designation of Medium High Density Residential Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. 5 The proposed amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan. The parcel is designated as Medium-High Density Residential land use on the Future Land Use Map. The RS2 zoning designation may be placed on land designated residential on the City's Future Land Use Map. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed RS2 residential zone is compatible with surrounding residential zoning designations and existing residential uses. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. A conceptual site plan and rendering of the proposed development has been submitted to show lot configuration and access. 4. Whether or not there are sites available in other areas currently zoned for such use. There are sites available in other areas currently zoned for RS2 uses. 5. If applicable, whether or not the proposed change wi/l contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. Attached as Exhibit #6 is a letter from the City's Traffic Consultant, Tinter Associates Inc., Transportation Engineers, dated September 15, 2005 confirming that, in its opinion, traffic associated with five single family dwellings is not anticipated to detrimentally affect traffic patterns or congestion at nearby intersections. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. Address Lot Increase in Population Overall Increase Size Densitv Factor in Population NE 34 Avenue at 0.51 ac 5 single family 1.80 9 North Country dwelling units Club Drive 6 Using the population factor from the 2000 census at 1.80 persons per unit, the proposal increases population by 9 persons. This proposed change would not adversely affect population density such that the demand for water, sewers and other public facilities and services would be adversely affected. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. School Impacts - The application has been submitted for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board in February of 2003. The Interlocal Agreement provides that if the application will generate new students, the School Board must first advise what options it has identified to meet the anticipated demand and, then, if the affected schools are at more than 115% capacity, the School Board will ask the owner and the City to meet with it in a collaboration meeting to discuss additional options to relieve overcrowding. The School Board has advised by electronic mail message that it has determined that this application does not meet the review threshold as it will not generate additional school children. I. Parcel 2 The applicant has submitted the proposed development concept for the easterly portion of the submerged lands, as shown on the conceptual site plan attached as Exhibit #5. Up to five boat slips are proposed as accessory use to the five single family dwellings. These slips will be accessed by foot or golf cart type vehicle from the residences. No parking area is provided or required for accessory uses. A covenant will be recorded to prohibit sale of any of the slips to anyone other than the upland home owners. Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Water Medium Density Residential and Business and Office Medium-High Density Residential Water Water 7 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: RMF4, Multifamily High Density Residential District B2, Community Business District and RMF3,Multifamily Medium Density Residential District RMF4, Multifamily High Density Residential District CNS, Conservation District RMF4, Multi-Family High Density Residential District private canal retail plaza and residential residential condominiums private canal marina Access - The parcels are approximately 1565 feet long and approximately 150 feet wide and consist of submerged land. Conformity to City Comprehensive Plan - The proposed amendment is consistent with the existing future land use designation of Water. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 ofthe land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan. The parcel is designated as water on the Future Land Use Map. The CNS zoning designation may be applied to all land designated on the City's Future Land Use Map as water or parks and recreation. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. This proposed conservation zone is compatible with surrounding residential zoning designations and existing use of the canal. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. A conceptual site plan showing proposed boating facilities has been submitted. 4. Whether or not there are sites available in other areas currently zoned for such use. 8 There are sites available in other areas currently zoned for CNS uses. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The proposed boating facilities will be an accessory use only to the five single family homes proposed on the upland parcel. No parking is provided or required for accessory uses, therefore, the proposed change will have no impact on traffic patterns or congestion. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed boating facilities will be used as accessory use only to the five single family homes proposed on the upland parcel. If the parcel was developed for other permitted uses in the CNS district, those uses would not result in any increase in population. Therefore, the proposed change would not adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities and other public facilities and services would be adversely affected. B. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. Use of the parcel for any permitted use in the district will be subject to City and County DERM review and approval. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. School Impacts - The proposed uses in the CNS district will not result in an increase in population, therefore, there will be no effect on school capacity due to this proposed change. Conclusion. An evaluation of the standards of review for amendment to the Official Zoning Map set out in Section 31-77(f) of the City Code shows that the applications to 9 change the zoning on these two parcels meet those standards. Staff therefore recommends approval of the applications. 10 City of A ventura Government Center 19200 West Country Club Drive Avenrura, Rorida 33180 September 9, 2005 Sll~N GOTTI-IER MAYOR Mr. Eric M. Soroka, ICMA-CM City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 COMMISSIONERS ll.V AUERBACH Boa D1A.MOND HARRY HOlZBERG BillY JOEL MICHAEL STERN Luz URBAEZ WEINBERG RE: Aventura-Ensenada Inc. Application for Rezoning .51 acre parcel at North Country Club Drive and NE 34 Avenue City of Aventura Case File No. 01-REZ-05 ERIC M. SOROKA, lCMA-CM em MANAGER Dear Mr. Soroka: This letter shall serve as the Letter of Intent for Application for Rezoning under Case File No. 01-REZ-05. Aventura-Ensenada Inc. is the owner of a .51 acre parcel of land at the northeast corner of North Country Club Drive and NE 34 Avenue identified as "George Berlin Park". This parcel was designated for high density residential uses by the previous Miami-Dade County zoning map. That designation was changed in 1999 to CF (Community Facilities) District upon enactment of the City of Aventura's Land Development Regulations. Under the terms of an agreement between the owner and the City, the City has agreed to act as applicant for the rezoning of this parcel from CF (Community Facilities) District to RS2 (Residential Single Family) District. The RS2 zoning designation will permit a maximum of five single family dwelling units on this parcel. A conceptual site plan showing the proposed layout of the homes is attached. Yours~. Iy G . Joai'tne arr, AICP Planning Director Exhibit #1 01-REZ-05 & 02-REZ-05 PHONE: 305-466-8900 . FAX: 305-466-8939 www.cityofaventura.com I I 1:: I ~5!.O_"-=-=- ~--=--====---=-- tl.. 7:5!..o-----=--=--==-=_ u~lO" - ,--- - ~rw /~~. ~- <\ '" ~ ;!: ~ z ~ 2 c ~ ~ t',to" ~ ..",. ~ c If' VI 6- " I I ~ ; .;t. [E] ------~_y__--.-T-- -.. .T.....'-- I I, J b:1 I :'1 i -----I I \,] I' "," I J ~1 II ~ ------~ ~ II ,,~~.. i N. E. =34it. ;..ve. ~ 8'~-O" ~'E ~~ <'5!a" a4~<I"_) .--........, ", ~ '" ~ ;1'; t. " .;\ <\ 67.!o.. i; ~6./0.. ,. 1\ k ~ t " 0;- ~ ~ ..; IS~" EXhibi~~~REZ_05 01-REZ-05 & "~ ~ i\ ~ . ," 9. ~ ~ City of Aventura ..:> , 0" % tt.C,1f. (?,tr o( :::;", , Government Center 19200 West Country Club Drive Aventura, Rorida 33180 September 9, 2005 SUSAN Gcrrn.IEB MAYOR Mr. Eric M. Soroka, ICMA-CM City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 COMMISSIONERS ZEV AUERBACH BoB DiAMOND HAMY HOUBERG B,LLY JOEL MICHAEL STERN wz UkBAEZ WEINBERG RE: Aventura Land and Development Corporation Application for Rezoning Canal parcels south of NE 207 Street, City of Aventura Case File No. 02-REZ-05 ERIC M. SOROKA,ICMA-CM CrrvMANAGEll Dear Mr. Soroka: This letter shall serve as the Letter of Intent for Application for Rezoning under Case File No. 02-REZ-05. Aventura Land and Development Corporation is the owner of two separate parcels of submerged land containing approximately 5.39 acres lying south of the NE 207 Street rNaterways Boulevard) roadway and east of NE 34 Avenue. These parcels are designated as "water" on the Future Land Use Map and RMF4 (Multi-family High Density Residential) District on the City's zoning map. Under the terms of an agreement between the owner and the City, the City has agreed to act as applicant for the rezoning of these parcels from RMF4 (Mulitfamily High Density Residential) District to CNS (Conservation) District. The owner proposes to construct five boat slips in the canal which will be accessory uses to its single family home development at the corner of NE 34 Avenue and North Country Club Drive. Joanne Carr, AICP Planning Director Exhibi~ #1 01-REZ-05 & 02-REZ-05 PHONE: 305-466-8900 . FAX: 305-466-8939 www.cityofaventura.com BROWARD COUNTY ..---.---- ."- DADE COUNTY" ;. ., :' :' :' :' ., :, :, ;. ., :, :, :, :, :, ;. :' :' .. IVES DAIRY RD. :, -- ~) ( (.W \::( . I" 'I ,_:: WATERWAYS BLIJ~ Arel/llfnl HO.l'l'iral & M"dim( lit C('/I/('" I.J.J C]f cJ !f? QJ w w ::( > <( Tlte re 205 Promenade 0 Shops C'") 203 ST. ., ;. l 1m ., N ;. 201 TER. ti ., 0 Turnberry Isle ;. AVENTURA "I)JO. lD R,eson &:-Club :' ::> ....l :' a D 0 ., Fire >- :, Rt!scue Al'entura c: :, l-:! i- Station Library Z ::> :, 0 :, 0 :' Aventura Mall :, :, :, ,-:. :' 192 ST. :, 192 ST. :, :, 191 ST. :, :, 190 ST. :, Loehmann's " Fashion W :. :;: :, Island ::( :, C> lBB ST. :' N MIAMI " GARDENS DR. "',, ci > ....l lD Z <( W o o ~ -I lD Z U'i o o . . . . .. . " ,~t;" ,,~~i~:/-;:' .- :..,', ., ..,." ",,-;, . .~ .,}~ ..:. ',,," , .. . lIt,,!, . ,} - ~~. ; ':';t.'";::: '~,-.,. .. A1 1B3 ST. Allantic Ocean Little Maule Lake j , " ....., ! AST O'r- e .f.' LEGEND "'- .", ~-.. K.. ._...~ Mal~le Lake '\;:~ >- ._~ Roadways City Boundary ZI P Code Boundary Railroad r'-j; ~ ~; .:~~:,:,_/ ~..:f';<<$it . .!;~...J.)'> L:. ',:';. .:;~"i*:;~:_:~~ik:,,; ,:' '," .t '~'1~tiWi1-"~' t..... ~,::"I ._ it:: - "'~"~',~; ''"-'' ~-~~'-;/' 'lo' .., ,.iii,.. .. ... '~..';~' Exhibit #2 01-REZ-05 & 02-REZ-05 LEGAL DESCRIPTION OF LANDS Parcel 1 : A PARCEl OF lAND OESCRI8ED AS A PORTION OF TRACT "f" OF FlRST MOI11ON 8ISCA\'NE YACHT AND COUNTRY QU8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 800K 89 AT PAGE 100 OF THE PU8UC RECORDS OF DADE COUNTY (NOW MIAMI-DACE COUNTY), flORIDA, MORE PARTICUlARLY DESCRI8ED AS FDU.OWS: COMMENGE AT THE WEST 10 CORNER OF SECTION J5, TOWNSHIP Sl SOUTH, RANGE 42 EAST CITY OF AVENTURA. MIAMI-DACE COUNTY, flORIDA: THENCIE S021l0'25"E FOR 1.60 FEET TO A POINT OF CURVATURE OF A CIRCUlAR CURVE CONCAVE TO THE NORTHWEST, THENCIE ALONG THE ARC OF SAID CURVE. HA'IING A RADIUS OF 1091.J5 FEET AND A CENTRAL ANGUE OF lD19'4J" FOR 196.74 FEET TO A POCNT ON SAID CURVE; THENCIE S81"4Q'42"E ON A UNE RADIAL TO THE POINT ON CURVE FOR 50.00 FEET TO A POCNT ON THE 80UNDARY OF SAID TRACT "1"," THENCIE SD8'9'18"W FOR 1.69 FEET TO THE POCNT OF 8EGlNNING OF SAID PARCEl OF lAND, THENCE ALONG THE 80UNDARY OF SAlO TRACT "f" FOR THE FDU.O\l1NG THREE (J) COURSES, (1) THENCIE CONTINUE S0819'18"W FOR 96.00 FEET TO A POCNT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; (2) THENCIE ALONG THE ARC OF SAID CURVE. HA'IING A RADIUS OF SO.OO FEET AND A CENTRAL ANGUE OF 90"00'00" FOR 78.54 FEET TO THE POCNT OF TANGENCY, (J) THENCIE S81"4Q'42"E FOR 106.00 FEET TO A POCNT ON SAID 80UNDARY OF TRACT "1"," THENCIE ND8'9'lB"E FOR 1-48.00 FEET, THENCIE N81'4Q'42"W FOR lS6.00 FEET TO THE POCNT OF 8EGlNNlNG. Parcel 2: ALL THOSE LOTS, PIEClES OR PARCIELS OF LAND SITUATE. L\1NG AND 8E1NG IN SECTION J5, TOWNSHIP 51 SOUTH, RANGE 42 EAST, CITY OF AVENTUF MIAMI-DACE COUNTY, flORIDA. THE SAME 8E1NG MORE PARTICUlARLY DESCRI8ED AS FOLLOWS. 'IIZ.: PARCEL "PRIVATE CANAL", UESS PORTIONS L\1NG IN "AVENTURA-MARINA CONDOMINIUM NO.1," ACCORDING TO THE DEa.ARATION THEREOF, AND RECORDED IN OFFlClAL RECORDS 800K 8096 AT PAGE 876 OF "FlRST ADDI110N TO 8ISCA\'NE YACHT AND COUNTRY QU8," ACCORDING TO THE PLAT 'lJiEREOF, AS RECORDED IN PLAT 800K 89 AT PAGE 100 OF THE PU8UC RECORDS OF MIAMI-DADE COUNTY, flORIDA. AlSO, UESS THE PORTIONS 1NG IN "A'llENTURA FlRST ADDI11ON" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 800t< 99 AT PAGE 11 OF THE PU8UC RECORDS OF .,IAMI-DACE COUNTY, flORiO..... TOGETHER \11TH: "PRIVATE CANAL" PORTION OF AVENTURA FlRST ACDI11ON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 800K 99 AT PAGE 11 OF THE PU8UC RECORDS OF DACE COUNTY (NOW MIAMI-DADE COUNTY), flORiO..... Exhibit #4 01-REZ-05 & 02-REZ-05 --,:.\ Tinter Associates, Inc. . Transportation Engineers 3303 West Commercial Blvd.- Ste 201- Ft. Lauderdale, FL 33309. (954 )484-3633- Fa.'X (954) 484-%12 . www.tinter.com \'I'tC't\\It.\l \ 't~~~ S~f( 1. Q~~t."~ 'i)'t'l't\l \J~~-w.,"~~ September 15, 2005 Ms. Joanne Carr, AICP City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RE: AVENTURA ENSENADA, INC. CITY OF AVENTURA TINTER ASSOCIATES PROJECT NO. 01-2051R Dear Ms. Carr: This letter report should serve as a follow-up to our original correspondence of April 14, 2004 in which several development scenarios were evaluated in response to a rezoning request for property located along the north side of North Country Club Drive immediately east of N.E. 34th Avenue within municipal limits of the City of Aventura. To assist your office at this time additional analysis has been completed by this firm examining the effect on the area roadway network of completing 5 single-family detached dwelling units on the subject property. As before, trip generation characteristics were quantified through use of data available from the Institute of Transportation Engineers (ITE) report Trip Generation, 7th Edition. According to ITE Land Use Code (LUC) 210, 'Single Family Detached Housing' the 5 dwelling units should produce 48 vehicular trips per day (24 entering and 24 exiting) with 4 occurring during the A.M. peak hour (1 entering and 3 exiting) and 5 occurring during the P.M. peak hour (3 entering and 2 exiting). These peak hour volumes have been incorporated into an intersection summation worksheet that includes existing tuming movement count data as collected by this firm and used in our April 2004 analysis. Table A is attached for your use. An analysis of daily conditions along North Country Club Drive, a four-lane divided facility, was performed for the single-family development scenario. According to a 24-hour machine count conducted along North Country Club Drive on Tuesday March 16th, 2004 North Country Club Drive processes 14,941 vehicles per day. A comparison of this volume to appropriate generalized maximum Level of Service volume thresholds developed by the Florida Department of Transportation in the most recent edition of Quality/Level of Service Handbook (21,700 vehicles per day) shows that North Country Club Drive currently operates within acceptable parameters and should continue to do so with the addition of traffic (48 vehicles per day) from the proposed 5 single family dwelling units. Exhibit #6 01-REZ-05 & 02-REZ-05 City of Aventura September 15, 2005 Page 2 Similarly, the signalized intersection capacity analysis completed for existing and future peak hour conditions at the intersection of North Country Club Drive and N.E. 34th Avenue shows the intersection currently operates at acceptable Level of Service (LOS) 'C' and should continue to operate at this level of service with addition of peak hour traffic volumes from the proposed single famiiy homes. A comparison of vehicular delay shows no measurable impact during the A.M. peak hour and a tenth of a second increase during the P.M. peak hour. Peak hour intersection analysis worksheets are attached for your use. In summary, the effect of developing the subject property as proposed should have an insignificant impact on the area roadway network as shown herein. I trust the information contained herein will assist in your review of the proposed residential development. Of course, should you have questions regarding the issues discussed herein, please do not hesitate to contact me directly. Very truly yours, O.~~I~ J. Suzanne Danielsen, P.E. Senior Project Engineer JSD:fmt W\2001f1les\O 1 -205 t R.OO2 TInter Associates, Inc. · Transportation Engineers - -- ----.....-'T . - -'--'--""'~"'."".--'-1I-- 'T Table A Aventura Ensenada, Inc. Intersection Summation Assuming N, Country Club Drive Access and 5 Single-Family Dwelling Units Factors Northbound Southbound Eastbound Westbound Total % LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing 67 58 13 238 27 189 190 176 12 4 195 352 1,521 Season 67 58 13 238 27 189 190 176 12 4 195 352 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backgr'd 67 58 13 238 27 189 190 176 12 4 195 352 1 in Project 0 0 0 0 0 0 0 0 0 1 1 1 3 3 out Total 67 58 13 238 27 189 190 176 12 5 196 353 1,524 Factors Northbound Southbound Eastbound Westbound Total % LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712 Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backgr'd 22 23 5 350 42 197 329 230 34 6 196 278 3 in Project 0 0 0 1 0 0 0 1 0 1 1 1 5 2 out Total 22 23 5 351 42 197 329 231 34 7 197 279 1,717 Tinter Associates, Inc. "'-"'-'-'_"'-"'"T"~---'~-'------'-'---'- - __~~.u ----y-- "T.--"-- HCS2000: signalized Intersections Release 4.lc Analyst: jsd Agency: Tinter Associates, Inc. Date: 03/23/2004 Period: A.M. Peak-Existing Conditions Project ID: North Country Club Drive at E/W St: N Country Club Drive No. Lanes 1 2 LGContig L TR Volume 190 176 Lane Width 12.0 12.0 RTOR Vol Duration 0.25 Inter.: N Country Club Dr at Area Type: All other areas Jurisd: City of Aventura Year 2004 N.E. 34 Avenue N/S St: N.E. ]4 Avenue NE ]4 Av SIGNALIZED INTERSECTION SUMMARy Eastbound Westbound I Nort.hbound LTR LTR LTR o 0 2 0 1 1 0 LTR L TR 12 4 195 352 67 58 13 12.0 12.0 12.0 Sout.hbound L T R 1 1 0 L TR 238 27 189 12.0 12.0 o o o o Are. Type: All other areas Signal Operations 3 4 5 6 7 8 NB Left. A Thru A Right A Peds X SB Left A Thru A Right A Peds x 8B Right WB Right Phase Combination 1 :2 ED Left A P Thru A P Right A P Peds X X WB Left P Thru p Right p Peds X NB Right SB Right Green Yellow All Red Appr/ Lane Grp Lane Group Capacity Eastbound L 555 TR 2035 Westbound LTR 936 Northbound L 315 TR 564 Southbound L 344 TR 511 20.0 ]0.0 30.0 3.0 4.0 4.0 1.3 1.1 1.0 Cycle Length: 94.4 sees Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate Isl vie g/C Delay LOS Delay LOS 1766 0.36 0.58 11.2 8 3537 0.10 0.58 '.0 A 10.1 . 2944 0.62 0.32 ]0.4 C 30.4 C '" 0.23 0.32 24.0 C 1776 0.13 0.32 23.0 C 23.5 C 1084 0.73 0.32 36.] 0 1607 0.44 0.32 26.2 C 31.5 C Intersection Delay _ 25.1 (sec/veh) Intersection LOS _ C HCS2000: Signalized Intersections Release 4.1c HCS2000: signalized Intersections Release 4.1c Analyst: Agency: Date: Period: Project E/W St: jsd Tinter Associates, Inc. 03/23/2004 P.M. peak-Existing Conditions 1D: North Country Club Drive at N Country Club Drive Inter.: N country Club Dr at Area Type: All other areas Jurisd: City of Aventura Year 2004 N.E. 34 Avenue N/S St: N_E. 34 Avenue NE J4 Av SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T . L T . L T . L T . No. Lanes 1 2 0 0 2 0 1 1 0 1 1 0 LGConfig L T' LT' L T' L T' volume 329 230 34 6 196 219 22 23 , 350 42 197 Lane Width 12.0 12.0 12.0 12 .0 12.0 12.0 12.0 RTOR Val 0 0 0 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 , 6 7 , EB Left A P NB Left A Thru A P Thru A Right A P Right A Peds X X Peds X 1m Left P SB Left A Thru P Thru A Right P Right A Peds X Peds X NB Right EB Right SB Right 1m Right Green 20.0 30.0 30.0 Yellow LO 4.0 4.0 All Red 1.3 1.1 1.0 Cycle Length: 94.4 sees Intersection Performance Summary APpr I Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capaci ty (s) vie g/C Delay LOS Delay LOS Eastbound L 590 1776 0.59 0.58 13 .2 B T' 2018 3508 0.14 0.58 9.3 A 11.5 B Westbound LT' 970 3051 0.52 0.32 28.3 C 28.3 C Northbound L 297 93' 0.08 0.32 22.6 C TR 582 1832 0.05 0.32 22.4 C 22.5 C Southbound L 416 1308 0.88 0.32 50.3 D T' 522 1642 0.48 0.32 26.6 C 40.7 D Intersection Delay - 26.6 (sec/vehl Intersection LOS _ C HCS2000: Signalized Intersections Release 4.1c HCS2000: signalized Intersections Release 4.1c Analyst: jSd Agency: Tinter Associates, Inc. Date: 09/15/2005 Period: A.M. Peak-with 5 SF du project 10: North Country Club Drive at E/W St: N Country Club Drive Inter.: N Country Club Dr at Area Type: All other areas Jurisd: City of Aventura Year 2004 N.E. 34 Avenue N/S St: N.E. 34 Avenue NE 34 Av SIGNALIZED INTERSECTION SUMMARY Westbound Northbound Southbound L T R L T R L T R 0 2 0 1 1 0 1 1 0 LTR L TR L TR 5 196 353 67 58 13 238 27 189 12.0 12.0 12.0 12.0 12.0 0 I 0 0 Eastbound L T R No. Lanes 1 2 LGConfig L TR Volume 190 176 Lane width 12.0 12.0 RTOR Vol Duration 0.25 o 12 o Area Type: All other areas Signal Operations 3 4 5 6 7 8 NO Left A Thru A Right A Peds X SO Left A Thru A Right A Peds X EO Right WB Right Phase Combination 1 2 ED Left A P Thru A P Right A P Peds X X WB Left P Thru P Right P Peds X NB Right SB Right Green Yellow All Red Apprl Lane Grp Lane Group Capacity 20.0 30.0 30.0 3.0 4.0 4.0 1.3 1.1 1.0 Cycle Length: 94.4 sees Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate Is) vie g/e Delay LOS Delay LOS 1766 0.36 0.58 11.2 0 3537 0.10 0.58 '.0 A 10.1 0 2944 0.62 0.32 30.5 e 30.5 e '" 0.23 0.32 24.0 e 1716 0.13 0.32 23.0 e 23.5 e 1084 0.73 0.32 36.3 D 1601 0.44 0.32 26.2 e 31.5 e Eastbound L 553 TR 2035 Westbound LTR 936 Northbound L 315 TR 564 Sout.hbound L 344 TR 511 Int.ersect.ion Delay - 25.1 (sec/vehl Intersection LOS - C HCS2000: Signalized Intersections Release 4.1c ---y T 'T T'- ~--T HCS2000: Signalized Intersections Release 4.1c Analyst: jsd Agency: Tinter Associates, Inc. Date: 09/15/2005 period: P.M. Peak-with 5 SF du Project ID: North Country Club Drive at EIW St: N Country Club Drive Inter.: N Country club Dr at Area Type: All other areas Jurisd: City of Aventura Year 2004 N .E. 34 Avenue Nls St: H.E. 34 Avenue NE 34 Av SIGNALIZED IN'I'ERSECTION SU'MMARY Eastbound Westbound I Northbound Southbound L T R L T R L T R L T R No. Lanes 1 2 0 0 2 0 1 1 0 1 1 0 LGConfig L TR LTR 12~ TR L TR Volume 329 231 34 7 197 279 23 5 351 42 197 Lane Width 12.0 12.0 12.0 112.0 12.0 12.0 12.0 RTOR Vol 0 0 0 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 SB Left A P NB Left A Thru A P Thru A Right A P Right A Peds X X Peds X NB Left P SB Left A Thru P Thru A Right P Right A Peds X Peds X NB Right SB Right sa Right NB Right Green 20.0 30.0 30.0 Yellow 3.0 4.0 4.0 All Red 1.3 1.1 1.0 cycle Length: 94.4 sees Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity is) v/e g/C Delay LOS Delay LOS Eastbound L 5" 1777 0.59 0.58 13.2 B TR 2018 3508 0.14 0.58 9.3 A 11.5 a Westbound LTR .6. 3049 0.52 0.32 28.4 C 28.4 C Northbound L 297 935 0.08 0.32 22.6 C TR 582 1832 0.05 0.32 22.4 C 22.5 C Southbound L 416 1308 0.89 0.32 50.7 0 TR 522 1642 0.48 0.32 26.6 C 40.9 0 Intersection Delay _ 26.7 (sec/vehl Intersection LOS - C HCS2000: Signalized Intersections Release 4.1c ___._.____n____---y-_-,-_ __________,.,_""'__~ "T'"-r- -- "T ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT TO CNS, CONSERVATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, City of Aventura, on behalf of the owners, Aventura- Ensenada Inc. as to Parcel 1 described in Exhibit A and Aventura Land and Development Corporation as to Parcel 2 described in Exhibit 8, through Applications Nos. 01-REZ-05 and 02-REZ-05, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for Parcel 1 legally described in Exhibit A attached hereto from CF, Community Facility District to RS2, Residential Single Family District and by amending the zoning designation for Parcel 2 legally described in Exhibit 8 attached hereto from RMF4, Multifamily High Density Residential District to CNS, Conservation District; and Ordinance No. 2005- Page 2 WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezonings are consistent with the applicable provisions of the City Comprehensive Plan; 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 applications for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning actions set forth in this Ordinance are consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this ordinance. Section 2. Official Zonina Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for a 0.51 acre parcel of land located on NE 34 Avenue at North Country Club Drive (Folio Number 28-1235-010-0010) from CF, Community Facilities District, to RS2, Residential Single Family District (see Exhibit "A" for Legal Description). Section 3. Official Zonina Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for two Ordinance No. 2005- Page 3 parcels of submerged lands together measuring approximately 5.39 acres located south of NE 207 Street and east of NE 34 Avenue (Folio Numbers 28-1235-010-0030 and 28- 1235-013-0010) from RMF4, Multifamily High Density Residential District, to eNS, Conservation District (see Exhibit "8" for Legal Description). Section 4. 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 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading as to the zoning map amendment for the parcel described in Exhibit "A". This Ordinance shall be effective, as to the zoning map amendment for the parcel described in Exhibit "8", upon the owner obtaining all necessary governmental approvals to construct five boat slips and associated docks within the parcel. ----- --'--------.-~~------~--.-.-T-. ..-,...,....---..---. Ordinance No. 2005- Page 4 The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED on first reading this 11th day of October, 2005. Ordinance No. 2005- Page 5 PASSED AND ADOPTED on second reading this 1st day of November, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS~ICIENCY: r CITY ATTORNEY , This Ordinance was filed in the Office of the City Clerk this _ day of ,2005. CITY CLERK ~~'-'-'---...,..--~-,-- ". -__"--T'_'___'^_-'-~_"'_"___"'_'.'_""__'__.'_'_""__' EXHIBIT "A" TO ORDINANCE NO. 2005- Legal Description of Land A PARCEL OF LAND DESCRIBED AS A PORTION OF TRACT "F" OF f1RST ADDITlON BISCAYNE YACHT AND COUNTRY CLUB. ACCORDING TO TIlE PLAT TIlEREOF, AS RECORDED IN PLAT BOOK S9 AT PAGE 100 OF TIlE PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY). FLORID.... MORE PARTICULARLY DESCRIBED AS FOLLOWS: COI.lMENCE AT TIlE '/lEST 10\ CORNER OF SECTION J5. TOWNSHIP 51 SOUTH, RANGE 42 EAST CITY OF AVENTUR.... MIAMI-DADE COUNTY. FLORIDA; TIlENCE S02'OO'25"E FOR 1.60 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTIlWEST; TIlENCE ALONG TIlE ARC Of SAID CURVE, HAVING A RADIUS OF 1091.J5 FEET AND A CENTRAL ANGLE OF 10'9'4J" FOR 196.74 FEET TO A POINT ON SAID CURVE; TIlENCE SSI'4O'42"E ON A UNE RADIAL TO THE POINT ON CURVE FOR 50.00 FEET TO A POINT ON TIlE BOUNDARY OF SAID TRACT "F;" TIlENCE SOS'9.1S..... FOR 1.69 FEET TO TIlE POINT OF BEGINNING OF SAID PARClEL OF LAND; THENCE ALONG THE SOUNOARY OF SAID TRACT "f" FOR THE FDLLOYvlNG THREE (J) COURSES: (1) TIlENCE CONTINUE S08'9'lS'W FOR 96.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO TIlE NORTIlEAST; (2) TIlENCE ALONG TIlE ARC OF SAID CURVE, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 90'00'00" FOR 78.54 FEET TO THE POINT OF TANGENCY; (J) THENCE SSI'4O"42"E FOR 106.00 FEET TO A POINT ON SAID BOUNDARY OF TRACT "F;" THENCE NOS'9'lS"E FOR 146.00 FEET; THENCE NS1'4O'42"W fOR 156.00 FEET TO THE POINT Of BEGINNING. ..~ EXHIBIT "B" TO ORDINANCE NO. 2005- Legal Description of Land ALL lHOSE LOTS, PIECES OR PARCELS Of lAND S1TIJATE, LYING AND BEING IN SECTION JS. TO'loNSHIP 51 soum. RANGE ~2 EAST, C11'1' OF AVENTIJR MIAMI-DADE COUNT'>', FLORIDA. mE SAME BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ."L: PARCEL "PRIVATE CANAL", LESS PORTIONS LYING IN "AVENTIJRA-MARINA CONDOMINIUM NO. ,.. ACCORDING TO mE DECLARATION mEREOF AND RECORDED IN OFFlCAL RECORDS BOOK 8096 AT PAGE 876 Of "ARST ADDITlDN TO BISCAYlNE YACHT AND COUNTlRY CLUB," ACCORDING TO mE Pu>T mEREOf, AS RECORDED IN PU>T BOOK 89 AT PAGE 100 OF mE PUBUC RECORDS OF MIAMI-DADE COUNT'>', FLORIDA. ALSO. LESS lHE PORTIONS LYING IN "AVENTIJRA ARST ADDITlON" ACCORDING TO lHE Pu>T mEREOF, AS RECORDED IN PU>T BOOK 99 AT PAGE " Of mE PUBUC RECORDS OF MIAMI-DADE COUNT'>', FLORIDA. TOGElHER VlIlH: "PRIVATE CANAL" PORTION OF AVENTIJRA ARST ADDITION. ACCORDING TO mE Pu.T lHEREOF, I>S RECORDED IN PU>T BOOK 99 AT PAGE " OF mE PUBUC RECORDS OF DADE COUNT'>' (NOW MIAMI-DADE COUNl'I). FLORIDA. ~-"---'--'--"'--___---r--_.__.'---"'--------,,--~ 8 "\.~,,~ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavtt Is made pursuant to Section 31-71(b)(2)Qij of the City of Aventura Land Development Code. Tha undersigned Affiant hereby discloses that: (mark with 'x' applioable portions only) bQ 1. Affiant does not have a Business Relationship wlth any member of the City Commission or any City Advisol'f Boam to which the application will be presented. I ) 2. Affiant hereby discloses that tt does have a Business Relationship with a member of !he City Commission or a City Advlsol'f Board 10 which !he application will be presented, as follows: (List name of Commissioner or Ad'lisol'f Board Member) who sarves on the (List City Commission or City Ad'lisory Boam upon which member sarves). The neture of Il1e Business Relationship is as follows: I ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stoclt of ApplIcant or RepresentaUve; [I H. Member of City Commission or Boani is a partner, co-shareholder (as to shares of a corporation which are not isled on any national or regional stock excIhange) or Joint venturer with !he Appicanl or Representative In any business venture; . [] ill. The Applicant or Representative Is a Client of a member ol!ha City Commission or Boam or a Client of another professional working from Ihe same offica or lor the same employer as the member of the City Commission or Boam; I i j i ~ i , [J Iv. A City Commissioner or Boam member Is a Client of the Applicant or Representative; [1 v. The Applicant or Representative is a Customer 01 the member 01 the City Commission or Boam (or of his or her employer) and transacts more !hen $10,000.00 of the business 01 the member of the City Commission or Board (or his or her employer) i1 a given calendar year. [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more !han $2~,OOO.00 01 the business 01 the Appncant or Representative In e given calendar yeer. WITNESS MY HAND THIS _ DAY OF APPLICANT: .200_. (SignaturB) (PrlnQ (Print) By: Name: Tltie: WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: .200_. (Signature) (Print) (Print) By: Name: Tltie: 'The lenns 'Business RelationshIp,' 'CJjBllt,' 'Customer,' 'AppOcant,' 'Reprusenlative' and 'Interusted Person' erB d.fUled in Section 2-395 oftha Aventura CIty Code. WITNESS MY HANDTHISJ9j:IuAY OF .sipterr.ber- .2oV REPRESENTATIVE: (List Inoss RelaUOllship Affidavit) B' By: (Signature Name: 'S<1/l\u "ILR>0 1"'1rT (Print) Name: (Print) TiUe:~....py (Print) Tille: (Print) By: By: (Signature Na Name: (Print) nue:-Atis, r n .. / (PrinQ TiUe: IPnnQ I By: (Signature) By: (Signature Nama: (Print) Name: (Print) Trtle: IPrint) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) me: IPrint) Title: (print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TIUe: (Print) Title: (Print) , By: ISignatura) By: (Slgnatura --j I Name: (Print) Name: (Print) I TiUe: (Print) Title: (Print) NOTE: 1) Use duplicate sheets n dIsclosure Inlonnatlon lor Representative varies 2) Applicants and Aff1ants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(lv) 01 the City's Land Development Regulations In the City Code,ln the event that prior to consideration 01 the application by the City Board or Commission, the Inlonnatlon provided In tho Affidavit becomes Incorrect or Incomplete. "'~'------'---"--'--r''---'T~''''-'-' .m_'..._..._....'.' . T"~- - T NOTARIZATION PROVISION STATE OF FLORIDA ) coUt<TYor-=b'~;ip ~ ~ Before me, \he undersigned authority, personally appear .. :m- the Aflian~ wtIo being firsl by IDa duly sworn, old swear or affirm lhat he/she ~ec;utBd Ull:i Aflidaljtl fortle: purposes staled Iheran and thatllil true and c::arec:l s.Q r(dreJR AFFIANT or.me~l. )q:'-YOI~2~ ~--2L "'- NolaI)' PubUc Sial. of F~~da AI L.a~J (JAlf.m J-J.. ('I-A-K]P~ Printed Name 01 Notary My commission expires: ,-- / ;~~ aif o . ~ '< ~ '; COIilYISS100NUlolBER ~ 0{ 0012226.1 ~ i MY COWAISSP'I E;(P\RES ~ OF f\.O JUNE 18.2005 STATE OF FLORIDA I COUNTY or ~"I.1l BAIlEl .J l\..... -" . I .,... ,..,""o.n) "t' I~'I ..J. Befa-I! mo. ltle undersigned authority, personally appeared ~..a. 'fY\'\...oJ;)J <:) helihe exacLrtad this Aflidavil for !he purposes stlll8d !herein Wid !hat 1 i& \rue and COiled. i:!:- SWORN TO AND SuaSCRlBEDbelOOl me lhIs~daYof~ 2005 .'"'''''' Marcia E. Newllmd ;~~~< CoJll!UiSS1DR 100201992 N ~~. ':l.::EExptrel:.May 21, 2001 '..;,....#..~ BoodedTluu PrilltadNam.atNoIal)' ""'~;':;\\~ Atlantic Bondina Co..lnc. I.ty commisslon expios' y 5wtlO\, dd $Wear or affirm that STATE OF FLORIDA ) COUNTY OF M1AMI.QAOEJ Before me, the underslgned authority, pecsooelly appeared heJshe execlJted \hb AJf~a'o'il for1he JUPOSe5 ,tatOO therein and lhat il is true ood tollecl the Affiao~ VItIo being fnt by me duly sworn, dd swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED b.loro me thi. _ day 01 200_. -1 1 i NolalyPublcSIaleO(F1orIdaN.~. Prilltad Name of NoIal)' My ""'""'""" UP"': STATE OF FLORIDA l COLffi'i OF MlAMHlADE} Befa. me. ~. under&~ne<i I~ority. _~~ IPI'oared helshe 8Xealled this Afidavit for floe PUI'p058S slated !lupin 1100 hI It Is true and corracL \he Nlan~ v4\o being fnt by me duly sworn, did swear or ..trlffil that AFFIANT SWORN TO AtIl SUBSCRIBED beloro me thl. _ day at .200_ Notal)' Pubi< Stale at Fllrida N. ~. Printod Nam. 0( Nolai)' My lXllTlmlsslon expi'e&: _.',-~-.-...~_...- .-..-..-.-.-___--r----.-.-...--------.....------.."T--r-- . 'T . ...:::J.................. http://us.f600 . mai I. yahoo.comfym/ShowLette Exhibit #5 01-REZ-05 & 02-REZ-05 ~ '" o "" .,., o "" =II: :E c: 105 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AIC Planning Director DATE: October 12, 2005 SUBJECT: Resolution Adopting the 2005 Evaluation and Appraisal Report of the City's Comprehensive Plan and Approving Transmittal to the South Florida Regional Planning Council for Purposes of Sufficiency Review (02-CPA-05) November 1, 2005 City Commission Meeting Agenda Item --iJ}- RECOMMENDATION It is recommended that the City Commission adopt the 2005 Evaluation and Appraisal Report (EAR) attached to this report and approve transmittal of the document to the South Florida Regional Planning Council for a sufficiency review in accordance with Section 163.3191 of the Florida Statutes. BACKGROUND/HISTORY On July 26, 2005, the City Commission adopted Resolution No. 2005-37 which recommended the transmittal of the draft Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan for review and comment and requested that the Florida Department of Community Affairs delegate review of the EAR to the South Florida Regional Planning Council. The draft EAR was sent for preliminary comment by all reviewing agencies. Those comments were received from the South Florida Regional Planning Council by letter dated September 1, 2005, a copy of which is attached as Exhibit 1. The EAR has now been revised to address all preliminary comments made. The following is a summary of those changes. , T Paae Number in EAR Comment Reference Pages 29 - 32 Page 7 of SFRPC Advisory Report Revision Made: The draft EAR used the accepted data for affordable housing demand but added that population growth in that data is based on straight line growth and did not reflect the local condition of future build out of the City. This section has been revised to acknowledge that the study data is the most accurate and best available with the caveat that the population projection for 2010 is the best indicator of affordable housing needs in the City. Pages 36 & 217 Not a comment, new information received Revision Made: The "Existing Condition" of the Emergency Management issue and the section on Consistency with Growth Management Laws have been revised to include a discussion of a section of the City that lies in the Coastal High Hazard Area. This section is comprised of the two islands in Dumfounding Bay. Page 52 Staff comment requiring revision Revision Made: Recommendation II.C.2 added to Policy 3.1 of our Future Land Use Element requiring that all development orders maintain the hurricane evacuation clearance time of 12 hours or less. This addition has been deleted. Only development orders that relate to comprehensive plan amendments from non-residential to residential categories are evaluated for clearance time. All land designated residential in our original Future Land Use Map was included in the calculation of clearance time, therefore, only a change in land use designation that increases population requires a new calculation. Pages 59, 64, 65,98, 99, 218 219,225 & 226 Page 4 of SFRPC Advisory Report Revision Made: New growth management legislation relating to Transportation Concurrency Exception Areas was passed this summer. Details of the new requirements including the annual evaluation report and co-ordination with Florida Department of Transportation are added to this issue discussion and to the recommendation for the element. Recommendations to the Transportation Element are revised accordingly. Page 64 Staff comment requiring revision Revision Made: Recommendation II.D.1 added a new objective to the Transportation Element stating that the City shall review and amend its Land Development Regulations in order to ensure that new development and redevelopment does not further degrade transportation levels of service within the City and enhances mobility options for existing 2 , . ~-'--"""---~'--"~----"""--"'-"""""'-"""-"--'-""-' '-'--~-"' and future residents. As drafted, this requirement would leave all development orders subject to challenge since any development could potentially be defined as degrading the transportation levels of service. The recommendation has been redrafted to read that all new development shall enhance mobility options for existing and future residents and all redevelopment shall not degrade transportation levels of service. This redrafted clause will support the proposed amendments to our Land Development Regulations. Pages 74, 76, 88, 89, 117, 175 & 222 Page 2 of SFRPC Advisory Report Revision Made: The Florida Department of State, Division of Historical Resources has requested that the City conduct a cultural resource assessment survey to locate any resources in the City. Our Quality of Life issue discussion has been amended to include a new statement in our Future Land Use Element objective that the City will complete this survey in conjunction with the Miami-Dade County Office of Historic Preservation and the Florida Department of State. A recommendation added to state that this study will be conducted prior to 2010. Pages 126, 229 Page 4 of SFRPC Advisory Report Revision Made: The Florida Department of Environmental Protection has requested that our current Infrastructure Element policy that prohibits septic systems in unsuitable soil and encourages that septic systems be avoided, be revised to provide that the City study options for connection of existing septic systems to the public sanitary sewer system. This revision has been made. Pages 211-216,228,231,233 Appendices C, D, E & F Pages 3 & 4 of SFRPC Advisory Report Revision Made: The South Florida Regional Planning Council requested an analysis rather than a statement of consistency of our Plan with the State Comprehensive Plan, Rule 9J-5 of the Florida Administrative Code, Chapter 163 of the Florida Statutes and the Strategic Regional Policy Plan. Those detailed analysis has been included along with revised Appendices and a new recommendation that the City shall support the efforts of federal, State, regional and local agencies to implement the policies, goals and objectives of those plans, will co-ordinate on Water Supply Workplans with our providers, will annually adopt our Five Year Capital Improvement Program into the Comprehensive Plan, will co-ordinate with the School Board to include a Public School Element in our Plan in accordance with law and will co-ordinate, as appropriate, with the South Florida Regional Planning Council in the development and implementation of the Regional Housing Plan. Recommendations to this effect are added to our Housing and Intergovernmental Co-ordination Element. 3 , - , T ..."T SUFFICIENCY REVIEW AND EAR BASED AMENDMENTS Once the Evaluation and Appraisal Report is adopted by the City Commission, it will be transmitted to the South Florida Regional Planning Council with the City's request that it issue a Notice of I ntent to find the Report sufficient. If the reviewing agencies find that all issues in the Advisory Letter of September 1, 2005 have been satisfactorily addressed, the Notice will published in a local newspaper. We will then begin to prepare the recommendations of the Evaluation and Appraisal Report as EAR based amendments and adopt them into our Comprehensive Plan. These amendments are scheduled for transmittal hearing in April, 2006 and adoption hearings in June and July, 2006. 4 . I I - -.-T- RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL OF THE EVALUATION AND APPRAISAL REPORT TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR THE PURPOSE OF SUFFICIENCY REVIEW IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the success or failure of the adopted plan to adequately address changing conditions and state policies and rules; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the plan provides appropriate policy guidance for growth and development; and WHEREAS, the Local Planning Agency has reviewed the Evaluation and Appraisal Report, held an advertised public hearing, provided for participation by the public in the process, and rendered its recommendations to the City Commission; and WHEREAS, on July 25, 2005, the City Commission, pursuant to Resolution No. 2005-37, approved the transmittal of the Evaluation and Appraisal Report to the South Florida Regional Planning Council for its preliminary review and comments; and WHEREAS on September 1, 2005, the South Florida Regional Planning Council issued its Advisory Report containing findings and a request for more information to which the City incorporated, or responded to, the recommendations and comments into the revised Evaluation and Appraisal Report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The foregoing facts and recitations contained in the preamble to this Resolution are hereby adopted and incorporated by reference as if fully set forth herein. Resolution No. 2005- Page 2 Section 2. The 2005 Evaluation and Appraisal Report of the City of Aventura Comprehensive Plan attached as Exhibit "An to this Resolution is adopted. Section 3. The City Commission does hereby approve transmittal of the Evaluation and Appraisal Report to the South Florida Regional Planning Council for the purpose of a sufficiency review in accordance with Section 163.3191, Florida Statutes. Section 4. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution 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 Resolution but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 5. Effective Date. This Resolution shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stem Commissioner Luz Urbaez-Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb 2 Resolution No. 2005- Page 3 PASSED AND ADOPTED this 1st day of November, 2005. 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 ,2005. CITY CLERK 3 . 1 T .----..----..-'-,..-.,~.--...-.------..--..-~- -- --- -- _. .......--.,.-- ~'''' CITY OF A VENTURA 2005 Comprehensive Plan Evaluation and Appraisal Report Prepared for the City by: Bell David Planning Group The Corradino Group, Subconsultant 110 I~Q~~ ~BI WmmJuionw eomnlisslone, 8f11yJod &1>0_ S-trlU Sed J Eric M. Soroka, ICMA-CM City Manager Teresa M. Soroka, MMC City Clerk Joanne Carr, AICP Planning Director Weiss Serota Helfman Pastoriza Guedes Cole & Boniske City Attorney I Cbm_, MchodSlt!m SirJt 2 CITY OF A VENTURA 2005 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT TABLE OF CONTENTS CHAPTER I. INTRODUCTION AND COMMUNITY OVERVIEW Figure I.!. City of Aventura Location Map CHAPTER II. MAJOR ISSUES II. A. Development and Redevelopment I. Issue Description and Analysis 2. Social, Economic and Environmental Impacts 3. Comprehensive Plan Impacts and Recommendations Figure II.A.!. City of Aventura Future Land Use Plan Map Figure II.A.2. City of Aventura Zoning Map Figure II.A.3. City of Aventura Vacant Land Map Figure II.AA. City of A ventura Town Center District Figure II.A.5. City of Aventura Hospital District II.B. Housing I. Issue Description and Analysis 2. Social, Economic and Environmental Impacts 3. Comprehensive Plan Impacts and Recommendations II. C. Emergency Management I. Issue Description and Analysis 2. Social, Economic and Environmental Impacts 3. Comprehensive Plan Impacts and Recommendations Figure II.C.I. City of Aventura Hurricane Evacuation Zones Figure II.C.2. City of A ventura Hurricane Evacuation Routes II. D. Transportation I. Issue Description and Analysis 2. Social, Economic and Environmental Impacts 3. Comprehensive Plan Impacts and Recommendations Figure II.D.!. City of Aventura Roadway Levels of Service (2030) Figure II.D.2. MOTA Bus Routes (2005) Figure II.D.3. City of A ventura Shuttlebus Routes II. E. Quality of Life I. Issue Description and Analysis 2. Social, Economic and Environmental Impacts 3. Comprehensive Plan Impacts and Recommendations Figure II.E.!. City of Aventura Public Parks Figure II.E.2. City of Aventura Public Waterfront Access Sites Page 1-3 3 4 -77 6 - 27 6 - 20 21 22 - 27 10 12 15 18 19 28 - 35 28 - 32 33 34 - 35 36 - 53 36 - 49 50 51-53 40 41 54 - 65 54 - 62 63 64 - 65 56 57 58 66 - 77 66 -74 75 76-77 69 70 CHAPTER III. OBJECTIVE ACHIEVEMENT ANALYSIS III.A. Future Land Use Element III.B. Transportation Element III.C. Parks and Recreation Element III.D. Housing Element III.E. Infrastructure Element III.F. Capital Improvements Element III.G. Intergovernmental Coordination Element III.H. Conservation and Coastal Management Element 111.1. Economic Development Element III.I. Urban Design Element CHAPTER IV. COMMUNITYWIDE ASSESSMENT IV.A. Population Changes, Vacant Land, Changes in Land Area, and Location of Development in Relation to Location of Development Anticipated in Comprehensive Plan IV.B. Levels of Service Analysis and Financial Feasibility IV.C. Coordination of Land Use and Public School Planning IV.D. Consistency with Growth Management Laws I. State Comprehensive Plan 2. Chapter 163, Florida Statutes 3. Rule Chapter 9J-5, Florida Administrative Code 4. Strategic Regional Policy Plan for South Florida IV.E. Impacts of Density Reductions in Coastal High Hazard Areas IV.F. Evaluation of Multimodal Transportation District and the Need for Developing a Common Methodology for Measuring Transportation Impacts CHAPTER V. SUMMARY OF RECOMMENDATIONS CHAPTER VI. PUBLIC PARTICIPATION SUMMARY LIST OF APPENDICES Appendix A. Appendix B. Appendix C. Page 78 - 199 78 - 97 98 - 109 110 - 113 114 - 122 123 - 138 139 - 148 149 - 157 158 - 192 193-195 196 -198 199 - 219 200 201 - 207 208 - 210 211 - 219 211 212 - 214 215 216 217 218-219 220 - 235 236 Letter of Understanding and Scope of Work Capital Improvements Program Consistency of Aventura Comprehensive Plan with State Comprehensive Plan Consistency with Chapter 163, Florida Statutes Consistency with Rule Chapter 9J-5, Florida Administrative Code Consistency of A ventura Comprehensive Plan with the South Florida Strategic Regional Policy Plan Appendix D. Appendix E. Appendix F. 11 City of A ventura 2005 Evaluation and Appraisal Report I. INTRODUCTION AND COMMUNITY OVERVIEW The City of Aventura's Comprehensive Plan (Plan) is its blueprint for existing and future development. The Plan's goals, objectives and policies reflect the City's vision for its future, and for how it will meet the needs of existing and future residents, visitors and businesses. The Evaluation and Appraisal Report (EAR) is a State-mandated update of the Plan. In order to be effective, the Plan must be a living document, one with the flexibility to adapt to changing conditions and needs. Ahhough there are other opportunities to periodically revise the Plan, these revisions often occur as the resuh of outside development applications. In the daily hustle, it is unlikely that the City has an opportunity to step back and take a holistic look at how well the Plan is working, and how it might be refined to address community-specific issues and challenges. The EAR provides this opportunity. The City of Aventura, the City of Excellence, was incorporated in November 1995, making it one of Miami-Dade County's newest municipalities. Nonetheless, the City traces it roots back more than thirty-five years, when developer Don Soffer and Turnberry Associates established Turnberry Isles, a 785-acre master planned community. Turnberry Isles served as the catalyst for the development of other high quality residential communities in the area, as well as a strong commercial and office base. The City now boasts a diversified mix of single and muhi-fumily residential, commercial, office, industrial and recreational uses, as well as Aventura Mall, a regional activity center. Its diversified land use base, high quality of life, and strategic location on the intracoastal waterway between Miami and Ft. Lauderdale have made Aventura one of the region's most desirable locations for residents and businesses. As a result, a recent study by the Wall Street Journal indicates that the highest real estate appreciation in 2004 in the southeastern United States occurred in zip code 33180, which includes the City of Aventura. Specifically, the median home sales price in the City in 2004 was $445,500, an increase of 23.6 percent from 2003 and 112.5 percent from 1999.' With a 2000 population of 25,267, Aventura is the eighth most populous municipality in Miami-Dade County. Ahhough it was not incorporated until 1995, between 1990 and 2000, the City's population increased from 15,375 to 25,267, a 67 percent increase. The cities of Hialeah Gardens and Medley are the only municipalities in Miami-Dade County that grew at a faster rate during that period. By 2010, the City's population is anticipated to increase to 32,925, an increase of 30 percent since 2000. Based on projections prepared by the University of Florida, by 2015, it is projected that its population will increase to 37,307 (48% above the 2000 Census~, and by 2025, it is projected that it will increase to 46,329 (83% above the 2000 Census). It should be noted, however, that these estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these I Miami New Times. May ]2 - 18, 2005, Volume 20, Number 6 2 University of Florida Shimberg Center for Affordable Housing, Affordable Housing Needs ASJessmenl, 2003 City of A ventura 2005 Evaluation and Appraisal Report reasons, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. The City of A ventura has a number of other demographic characteristics that make it unique. In 2000, 35.2 percent of its population was 65 or older, the second highest percentage in Miami-Dade County. Despite this fact, recent trends in the City reflect an increasing number of younger households and families. In 2000, the median family income in the City was $4],092, the seventh highest among the County's 32 municipalities.3 The City of Aventura has a land area of approximately 3.2 square miles bounded by: Broward County and the City of Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding Bay and the ]ntracoastal Waterway to the east; North Miami Beach to the south, and; unincorporated Miami-Dade County to the west (Figure 1.1.). There have been no changes in the City's land area since it was incorporated in 1995. J Miami-Dade County Department of Planning and Zoning, Miami-Dade County Facts, Revised 3/2004 4 Miami-Dade County Department of Planning and Zoning, Miami-Dade County Facts, Revised 3/2004 2 City of Aventura2005 Evaluation and Appraisal Report" Figure 1.1 City of Aventura location Map '" :> "C o .c ::l l3 ~ C ::l 8 <;; '" ~ North C Unlry Club 0 " nVe Atlantic Ocean N W+E S I ~ I I l I - Street I CJ City of Aventura I . Miami-Dade County Legend o Broward County 3 City of A ventura 2005 Evaluation and Appraisal Report II. MAJOR ISSUES In 1998, the State of Florida revised the statutory requirements for the EAR to allow local governments to base their analysis on the key local issues that they are facing. In order to comply with these requirements, and in recognition ofthe complicated and diverse range of planning issues that the City of A ventura is currently facing, the City initiated its EAR process with a public workshop on December 16, 2004, and conducted an interagency scoping meeting with members of State, regional and County agencies and representatives of adjacent municipalities on December 20, 2004. A Local Planning Agency Workshop was conducted on April 25, 2005. This process is also detailed in the Public Participation Summary section ofthis report. Based on input received via this process, the City of Aventura identified six major issues for inclusion in the EAR. On January 14, 2005 the City provided the Florida Department of Community Affairs (DCA) with a request for a Letter of Understanding regarding these issues, and the City's proposed Scope of Work (Appendix A). On February 2, 2005, DCA provided the City with a Leller of Understanding agreeing to the proposed issues and Scope. The six major issues are as follows: Issue 1. Development and Redevelopment The City of A ventura is substantially developed. Nonetheless, development remains a major issue due to regional growth pressures, initiatives to redirect development to established urban areas, and the need to develop and/or reexamine plans for specific areas (i.e. Town Center, the Hospital District). Issue 2. Housing Increased property values and costs are making housing in the City prohibitive to many households. The availability of housing that is affordable and appropriate for existing and future households of all income levels is therefore a major issue. Specific concerns include the availability of housing to accommodate employees of existing and future businesses, the diminishing rental housing stock that is resulting from condominium conversions, and barriers to homeownership. Issue 3. Emergeney Management A ventura is a coastal community, and emergency management and hurricane preparedness are on-going concerns. Specific issues include the impacts of development and redevelopment on emergency management efforts, the ability of the transportation system to handle evacuation needs, and coordination with other jurisdictions. Terrorism and homeland security is a major important concern, particularly with regards to regional activity centers such as the A ventura Mall. 4 City of A ventura 2005 Evaluation and Appraisal Report Issue 4. Trausportation As a densely developed urban center, the City experiences significant traffic congestion. The City's existing and future residents need better mobility options through a variety of transportation modes (mass transit, automobile, water taxis, boats, bicycles, pedestrian facilities). Transportation problems (congestion, traffic noise, signalization and signage issues, connectivity and negative impacts on neighborhoods) need to be addressed. Issue 5. Quality of Life Due to on-going development pressures and competing needs, the City is challenged to maintain and improve the high quality of life of existing and future residents, businesses, and visitors through the provision of services such as parks, public safety, public facilities, schools and pedestrian facilities. Issue 6. Intergovernmental Coordination In the afore-mentioned issue scoping phase, intergovernmental coordination was identified as a key issue to be addressed in the EAR. Specific concerns regarding intergovernmental coordination pertained to the impacts of development in adjacent jurisdictions, and coordination with other governmental agencies in the provision of services and facilities that impact the City's quality of life (i.e. public schools). In developing this report, it became evident that these issues are fully and appropriately addressed in the discussion and analysis of Issue 1, "Development and Redevelopment", and Issue 5, "Quality of Life". Therefore, intergovernmental coordination is not addressed as a separate issue in this Report. 5 City of A ventura 2005 Evaluation and Appraisal Report II.A. Development and Redevelopment 1. Issue Description and Analysis The City of Aventura faces a number of challenges relating to development and redevelopment. The City was approximately 95 percent developed upon its incorporation in 1995, and a number of projects previously approved in the County but not yet developed have vested rights. There have been growing concerns about the intensity of development and overbuilding in the City, and the impacts of this development on quality of life. In particular, the City faces heavy traffic congestion, which is raising concerns about emergency management and the public heahh, safety and welfare. In addition, compatibility of new development and redevelopment with existing development, building heights, and maintaining the quality of the buih environment were all cited as concerns by City officials and residents during the EAR-scoping process, and in other City public participation forums. In response to these concerns, the City has enacted a temporary moratorium on development until the EAR is completed. Key issues cited in the adopted moratorium ordinance were traffic concurrency, the Town Center land use designation, redevelopment guidelines, building heights, and emergency management. Projects which have vested rights and/or site plan approvals, however, are exempted from this moratorium. The Comprehensive Plan and land development regulations must include provisions to adequately preserve and enhance the City's quality of life and to protect its existing development and neighborhoods, while remaining cognizant of economic development needs and property rights. The City's land development regulations include detailed requirements to regulate development in the City, while the Comprehensive Plan contains more general standards in the interpretive text for its Future Land Use categories. The intent ofthese standards is to ensure that new development and redevelopment is consistent with existing development in the City, and does not unduly diminish quality of life. While a detailed review and rewrite ofthe land development regulations is not within the purview of the EAR, strategies to ensure protection of existing development from adverse impacts caused by new development and redevelopment may be considered and adopted into the Comprehensive Plan. 6 City of A ventura 2005 Evaluation and Appraisal Report a. Existing Development The City of Aventura is substantially built-out. Table ILA.I. details the City's existing land uses in 2005. As can be seen, in 2005 there were 523.89 acres of residential uses, 319.97 acres of commercial uses, 2.04 acres of industrial uses, 8.81 acres of community facilities, 257.07 acres of recreational lands, 284.87 acres in utilities and rights-of-ways, 104.5 acres of vacant land, and 531.61 acres of water in the City. The most significant change in existing land use in the City since 1995 is the transition of approximately 41.53 of industrial land to residential uses. This change is largely attributable to the ongoing conversion ofNE 188 Street between NE 29 Avenue and the Intracoastal Waterway from marine construction and repair operations to residential uses. Table II.A.I. Existing Land Uses in tbe City of Aventura Land Use Acres % of Land Area Sim!le Familv Residential 35.04 2% Multi-Family Medium 85.26 4% Density Residential Multi-Family High Density 403.59 20% Residential Commercial 319.97 16% Industrial 2.04 .1% Communitv Facilities 8.81 .4% Recreation and Open Space 257.07 12% Utilities and Rights-of-Way 284.81 14% Vacant 104.5 5% Water 531.61 26% Total 2,032.70 100% 7 City of A ventura 2005 Evaluation and Appmisal Report b. Future Land Use The City's Future Land Use Plan Map (Figure H.A.I) is intended to implement the Comprehensive Plan's Land Use Goal of providing "the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City". The Future Land Use Plan Map reflects the City's plans for how it should develop and redevelop in the planning period. The Comprehensive Plan has adopted the following Future Land Use categories: . Low Density Residential, which allows a residential density of up to six dwelling units per gross acre; . Low-Medium Density Residential, which allows a residential density of between six and 13 units per gross acre; . Medium Density Residential which allows a residential density of 13 to 25 units per gross acre; . Medium-High Density Residential, which allows a residential density of between 25 and 60 units per gross acre; . Industrial and Office, which provides for marine industries, marine manufacturing operations, marine warehouses, marine showrooms, mini-warehouses, office buildings, office buildings, hospitals and medical buildings, and similar uses with a maximum floor area ratio (total building square footage (excluding parking structures) divided by the net area ofthe parcel) of2.0; · Business and Office, intended to accommodate the full range of sales and service activities, including retail, wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments with a maximum floor area ratio of2.0, and; · Town Center, defined as future hubs of activity intended to be moderate to high- intensity design unified areas containing a mixture of uses integrated horizontally and vertically, and developed in accordance with adopted thematic plans. Within Town Centers, a maximum floor area ratio of 2.0 and a maximum residential density of25 dwelling units per gross acre shall be allowed. Table II.A.2. identifies acreage in the City by Future Land Use Category. Table II.A.2. Acreaee bv Future Land Use CatC20rv Future Land Use CatC20ry Acres % orLand Area Low Densitv Residential 0 0% Low-Medium Density 0 0% Residential Medium Density Residential 143.5 7% Medium-High Density 572.8 28% Residential Parks and Recreation 283.1 14% Industrial and Office 0 0% Business and Office 422.7 21% 8 City of A ventura 2005 Evaluation and Appraisal Report Table II.A.2. Acreal!e bv Future Land Use Cate Ory continued Future Land Use Catel!orv Aeres % of Land Area Town Center 79.0 4% Water 531.6 26% Total 2.032.7 ]00% As can be seen on Tables I1.A.1 and I1.A.2, a significant portion (531.61 acres, 26 percent) of the City of Aventura is designated as Water on the Future Land Use Map. City staff has previously determined that the Water land use designation is a passive use and not the site of potential development, consistent with Section 24-48.24 of Chapter 24, titled "Environmental Protection..." of the Miami-Dade County Code of Ordinances. In order to clarify and confirm City staff's previous and consistent determination, interpretative text addressing the water designation on the Future Land Use Map needs to be incorporated into the Comprehensive Plan. 5 U.S. Census Bureau, Census 2000, Profile a/General Demographic Characteristics, 2000, Miami-Dade County by Municipality, Census Designated Place and Congressional District 9 City of Aventura Evaluation and Appraisal Report Figure II.A.l City of Aventura Future Land Use Plan Map E.loUl o.nllly ~:J:':=y Low M"'um o.nllty R..lQntllll Mldlum HIlIh o..llty R..ld..tIaI ~~~~IY Paril. and CITY R_llon LIMIT Bu.... l\les Dal ..... UN Road LAND USE CATEGORIES c=J ~::I=t~enlllY .. ~::=~Igh o....lty ~ Po... ond R_lOtlon ~ au.In... and Ofk. c=J IndurirlalClldOtnc. .. Town Center ~ Welt.. I C FI PropOHd Community FaclIlt~ CE> 8ROWARD COUNTY MIAMI-DADE COUNTY ADOITIONAL ADJACENT LAND USE CATEGORIES o o o o o Ii!llII ~ ~ " =:r'*od CF (p) Eld.tln.. Community F"ocIilty EldlItln.. P.... I} Map 1-7 Future Land Use Map With Adjacent Land Uses & Parks & Open Space City of Avenlura Comprehensive Plan - 1998 Adopted Oetember 19!M1 :,CJ:"'"" " l4;.t';EnabRnt ....IIIdm..-ot. to tIl. Cam~,__....;;' PI"" IMMog beIn adoptlcl, III. foIowlng ~ ... modI: --- -... 11/1/00 2000-03/04/05/ oe /15 ll/O/tIl 2OOl-111 1/l1ft!:I 200:1-01 J/ll/02 200:1_04 7/2/02 2002-17 1/2/03 2OOJ..-08 ~"TLl~ SCALE IN FEET ~ ~: Ivey, Harris & Walls, Inc. 6Jl 'ilXlonooAVi!. "'it. zoo Wot..-pOtk fl.JV!l9 Phon., 401-6~g-88ao Fmc 407-6'29-7888 10 City of A ventura 2005 Evaluation and Appraisal Report c. Zoning [n order to further analyze the City's existing development characteristics, it is also necessary to examine current zoning. The City of A ventura's zoning map is shown on Figure II.A.2. A description of the zoning categories, including the maximum units per acre, Floor Area Ratio (FAR.) and height is provided on Table [I.AJ. Table II.A.3. Zonin2 Districts in the City of Aventura Category Units/Acre or Maximum Height FAR RSI (Residential Single 13 units/net acre 2 stories, 30 feet Familv) RS2 (Resident ial Single 25 units/net acre 3 stories, 55 feet Familv) RMF3 (Residential Multi- 25 units/gross acre 4 stories. 45 feet family/Medium Densitv) . RMF3A (Residential Multi- 45 units/gross acre 7 stories, 80 feet family/Medium Densitv) RMF3B (Residential Multi- 35 units/gross acre 4 stories, 45 feet familv/Medium Densitv) RMF4 (Residential Multi- 60 units/gross acre 40 stories, 400 feet family/High Densitv) B[ (Neighborhood FAR .40 at one story, .1 ] per 2 stories, 35 feet Business) additional story B2 (Community Business) FAR .40 at one story, .11 per 20 stories, 341 feet additional stOry B3 (Heavy Business) FAR .40 at one story, .11 per 20 stories, 341 feet additional story, Max. 2.0 TC-] (Town Center, Mixed Mixed use, up to 25 units 4 stories, 50 feet Use) per acre, FAR .20, Max. 2.0 TC-2 (Town Center, Mixed use, up to 25 units 4 stories, 50 feet Marine) per acre, FAR .20, Max. 2.0 OP (Office Park) FAR .40 at one story, .II per 10 stories, ] 76 feet additional story, Max. 2.0 MO (Medical Office) FAR .40 at one story, .1 ] per 10 stories, ] 76 feet additional story, Max. 2.0 MI (Light Industrial) Conform to all site 3 stories, 45 feet requirements CF (Community Facilities) Conform to all site 10 stories or ]20 feet, reauirements whichever is less ROS (Recreation Open n/a 5 stories, 60 feet Space) CNS (Conservation) n/a n/a 6 Chapter 31, Article lV., "Land Development Regula/ions", City 'II Aventura Code of Ordinances I] City of Aventura Evaluation and Appraisal Report Figure II.A.2 City of Aventura Zoning Map RSI RS2 ."'. iMllilt :1II<<lIll' - ~ - - - - - l!Q\ir1:t, ., - ""$ CN! V''< RESIDENTIAL SINGLE FAlolll'f DISTRICT RESIDENTIAL SINGLE FAMILY DISTRICT MUL TI -FAMIL Y MEDIUM DENSITY RESIDENTIAL MUL 11 -FAMIL Y MEDIUM DENSITY RESIDENTIAL MUL Tl-rAMIL Y MEDIUM DENSITY RESIDENTIAL MUl n -F AMIL Y HIGH DENSITY RESIDENTIAL NEIGHBORHOOD BUSINESS DISTRICT CO~MUNITY BUSINESS DISTRICT HEAVY BUSINESS DISTRICT TDIJN CENTER DISTRICT flJ'w'N CENTER MARINE DISTRICT OFFICE PARK DIS.TRICT MEDlCAL OFFICE DISTRlCT LIGHT INDUSTRIAL DlSTRlcr COMMUNITY FACILITIES DISTRICT RECREA TIr:J\I [FEN SPACE CONSERVA lION DISTRICT UTILITIES DlSTRICT Adnpttld.Julv19H!! A VENTURA ZONING MAP "" i .' / Emlblhll arlltlmlmanl5 hllW'l\.l 11II'''' adupl...... lIl" k'll"w~'1I ,evlsbnShavubeenmad..: HuvlsbnLJalo 11/9/00 11l11O;,l :l1f>/IJ2 :l/1)/lJ2 :i/!iXI:> 9m)) UrdhlpnwNo. 2011O-DJ 1O~,u5 2lJ020"'! 2002_10 20n2_06 "'![)(1"'!1l11 ]0(1.1-10' RMf~ lunk,g 1t"n~etllO 45 d.u.a 2004..01 ;>t~Iol,11 :1/20104 lli1~14 12 City of A ventura 2005 Evaluation and Appraisal Report d. Vacant Land and Vested Rights Figure n.AA. and Table II.AA. identifY the location and status of the 104.5 acres of vacant land in the City. Because the remainder ofthe City is already developed, it is anticipated that most of the future development and redevelopment in the City will occur on these parcels. Table 1I.A.4. Vacant Land in the Citv of Aventura Status Acres % of Vacant Land Site Plan Approval and 8.2 8% Vested Rights Vested Rights 11.3 11% Site Plan Approval and 7.6 7% Development Agreements Site Plan Approval 18.1 17% Application on File 2.3 2% No Application on File 57 55% Total 104.5 100% As noted earlier, the City has enacted a development moratorium until the EAR is completed in order to ensure that mechanisms are in place to protect quality of life and mitigate negative impacts that might be associated with such development and redevelopment. The moratorium is limited to the area east of Biscayne Boulevard, and excludes parcels that have obtained vested rights determinations, development agreements, and/or site plan approvals. These exceptions are in recognition of the property rights of owners and developers who have invested a significant amount of time and resources in order to obtain development approvals, and are necessary in order to ensure that the moratorium ordinance is defensible. Many of the parcels that have obtained vested rights did so based upon development approvals that were granted prior to the formation of the City on 1995, and were granted vested rights pursuant to Section 31-3(b) of the City's Code ofOrdinances.7 As demonstrated on Table n.AA., 59.3 (43%) of the vacant acres in the City would not be impacted by the moratorium. Approximately 1,571 residential units, 344,000 s.E of office space and a 104 acre retail complex are currently in the pipeline and will likely be built within the planning period. According to the 2000 Census, the average household size in the City of Aventura is 1.79 persons per household9. It is therefore estimated that the City's population might increase by 2,812 new residents (11%) as a result ofthese projects. It is important to note, however, that many of these units are expected to be purchased by investors, seasonal residents or residents who already live in the City, which would lower the overall impact on the City's populat ion. 7 David M. WoIpin, Esq., Memorandum to Aven/ura Mayor and Commissioners Regarding Potentia! Moratorium, April 8, 2005 8 City of A ventura, Pending Development Summary, City Commission Workshop Agenda, April 21, 2005 9 U.S. Census Bureau. Census 2000, Profile olGeneral Demographic Characteristics. 2000, Miami-Dade County by Municipality, Census Designated Place and Congressional District 13 City of A ventura 2005 Evaluation and Appraisal Report Several development applications in process in the City are impacted by the moratorium. If these projects move forward to completion, it is estimated that the City's population might increase by an additional 838 households. Again, many of these units, if built, might be purchased by investors, seasonal residents or residents who already live in the City, which would lower the overall impact on the City's population. As can be seen on Figure II.A.3., 57 acres in the City are vacant, but do not have applications on file. In order to determine the potential development on these parcels, this map was compared with the City's Future Land Use Plan Map (Figure II.A.!) and Zoning Map. This review indicates that all vacant parcels for which no applications have been received are designated Business and Office on the Future Land Use Plan Map, and are zoned either B-2 (Community Business District), MO (Medical Office District), or OP (Office Park). Unless the designation of these parcels is changed, their development should not impact the City's residential population; however, it is estimated that their maximum build out under the existing Future Land Use designation could result in 3,972,672 s.t: of non-residential space. Again, it should be noted that these estimates are based solely on the Future Land Use Plan Map, the acreage contained in each land use category, and the maximum intensity allowed per Future Land Use category in the adopted Comprehensive Plan, reduced by 20 percent to account for the difference between gross and net acres. Parcel size, existing development, site-specific development constraints, and other development requirements such as parking, open space, setbacks, and rights-of-way would significantly reduce the ultimate maximum development and redevelopment capacity. Moreover, many parcels are zoned at less than the maximum intensity that their Future Land Use designation allows, and would have to be rezoned to achieve their maximum development or redevelopment potential. 14 City of A ventura Evaluation and Appraisal Report Figure II.A.3 City of Aventura Vacant Land Map THE CITY OF A VENTURA Site Plan Approval & Vested Rights Vested Rights Site Plan Approval & Development Agreement Site Plan Approval Application on File No ApplicatIon on File .".,. -== City of A ventura 2005 Evaluation and Appraisal Report e. Redevelopment NeedslInitiatives There are several areas of the City of Aventura that demonstrate unique development and redevelopment needs, and/or that have been the focus of specific area planning efforts. In 2001, consultants for the City evaluated the potential for the creation ofa new Town Center in the City. The subject area for this Study is bounded by: NE 191 Street and the William Lehman Causeway to the north; Biscayne Boulevard to the west; NE 187 Street, NE 185 Street, and a finger canal to the south, and; County Club Drive and Dumfounding Bay to the east. Existing development in this area includes: the Loehmann's Plaza shopping mall; the former concentration of boat construction and repair operations along NE 188 Street that is transitioning into residential uses, and; other commercial and office uses (Figure II.AA.). The Town Center Study evaluated several alternative development and redevelopment proposals for the area with the goal of recommending a plan that includes: an appropriate mix of residential, retail, office and commercial uses in close proximity; a well-developed system for multi-modal transportation access and circulation (pedestrian, bicycle, automobile and transit); civic buildings and spaces, and; a cohesive design.1o The City has designated a significant portion of the Study Area "Town Center" on the Future Land Use Plan Map, and has created the TC-I and TC-2 zoning districts to implement this land use. The Comprehensive Plan's interpretive text for Town Centers states that they are "intended to be moderate- to high-intensity design-unified areas which will contain a mixture of different urban functions integrated both horizontally and vertically. Town Centers shall be characterized by physical cohesiveness, direct accessibility by mass transit service, and a high quality urban design. The development of each Town Center will be managed through the creation of a thematic plan, which shall outline its major characteristics and specifY the design and regulatory tools necessary to achieve those characteristics.,,11 Although the City of Aventura has made significant progress in implementing its Town Center designation through the designation of the Study Area "Town Center" on the Future Land Use Plan Map, creation and implementation of the Town Center zoning districts, establishment of the internal shuttle bus transit system, and other initiatives, the area's redevelopment into a true town center is in the preliminary stages, and the ultimate form it will take remains subject to debate. For example, questions remain about whether the Town Center should serve as a regional activity center, or should cater primarily to residents of the City through a concentration of neighborhood-oriented retail or services. Due to the location of several already established regional activity centers within (Aventura Mall) or proximate (Gulfstream Park) to the City of Aventura, the Town Center's development as a downtown that primarily serves City residents might be more appropriate. The Hospital District comprises the area around A ventura Hospital and bounded by the FEC Corridor to the west, Biscayne Boulevard to the east, and the Broward County line/City Limits to the north (Figure II.A.5). The area currently consists of A ventura 10 Aventura Town Center Study Draft Plan, Wallace Roberts & Todd LLC, January 22,2001 II City of Aventura Adopted Comprehensive Plan 16 City of A ventura 2005 Evaluation and Appraisal Report Hospital and medical office developments of differing sizes and intensities, fragmented single family development that demonstrates some blighted conditions both north and south of the Hospital, and commercial out parcels with Biscayne Boulevard frontage. On April 21, 2003, consultants for the City submitted a conceptual urban development framework for the District. The report submitted by the consultant identifies a number of underutilized parcels in the district, and identifies potential improvements, including: streetscape improvements; potential new streets, street expansions, and street closures, and; redevelopment opportunities. The report recommends that design guidelines be considered for the Hospital District in order to enhance the area's function as a cohesive district of medical offices and other compatible uses.12 The City has made progress in the implementation of the Hospital District through designation of the entire area Business and Office on the Future Land Use Plan Map, the development of both site development and urban design standards for the southern portion of the District and zoning the area MO (Medical Office). As noted in the April 21, 2003 Conceptual Urban Development Framework - Aventura Medical Office District, however, several factors have impeded the redevelopment of the area, particularly in the single family areas. The Medical Office zoning district requires a minimum lot size of 1.5 acres, and the fragmented parcel and ownership characteristics ofthe single family area has made assembling the land necessary to implement the designation difficult. Changes to the development and lot size requirements in the MO District specific to the subject area, and the provision of other incentives to foster the area's redevelopment, may be required in order to implement the redevelopment goals. Biscayne Boulevard is the City of A ventura's main north-south thoroughfure. The Biscayne Boulevard corridor in the City is characterized by intensive commercial and office development that largely predates the City's incorporation, including regional activity centers such as the Aventura Mall. Loehmann's Plaza fronts Biscayne Boulevard as well. Opportunities to further the achievement of cohesive design and development patterns and economic development goals along the Biscayne Boulevard corridor may exist through the redevelopment and other initiatives. A review of Figures II.A.1. and II.A.2. indicates that the City's Biscayne Boulevard frontage is designated Town Center or Business and Office on the Future Land Use Plan Map, and zoned B-2, B-3, RMF-3, OP, or MO. Many of the afore-mentioned shopping centers have B-2 zoning, which would allow their redevelopment at a higher intensity than currently exists. Such redevelopment, however, might not be appropriate for all areas of the corridor, which experiences significant traffic congestion and is primarily characterized by lower-rise commercial establishments. Moreover, the Boulevard serves as a primary gateway into the City, and links the Town Center, Aventura Mall, and the Hospital District. 12 Conceptual Urban Development Framework, Aventura Medicat Office District, Wallace Roberts & Todd LLC, April 21, 2003 17 City 0 ventura 2005 Evaluation and Appraisal Report , igure11)~~~,~f, Aventura Town c@n~~~,,~\istrict ~Iy~ '''- / " / 1935T ~~~ ~"_______________-----/ ....., ,_~_//----- ... ~.,-.~ -~~~.--- ~. .. ------ " /- ............. ---- ~------ ------- -- i ___----- v , I 185ST ", i ~ ~ \ Legend - Town Center District CJ City of Aventura ~ Water Street - Miami-Dade County N W+E S 18 -I- ,I 188ST 'City of Aventura 2005 Evaluation and Appraisal Report Figure II.A.S City of Aventura Hospital District I-' () CIO '" W Z I-' () gj w z "ud County tvl!! <138<. ui :( '" '" w z NE 210 ST. N w~ s NE 209 ST. Legend (;) Hospital Street Railroad - Hospital District Boundary CJ City of Aventura - Miami-Dade County CJ Broward County 19 City of A ventura 2005 Evaluation and Appraisal Report f. Development and Redevelopment in Adjacent Areas As noted in Chapter I, the city of Aventura is bounded by: Broward County and the City of Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding Bay and the Intracoastal Waterway to the east; North Miami Beach to the south, and; unincorporated Miami-Dade County to the west (Figure 1.1.). Development and redevelopment that is occurring in adjacent areas invariably impacts the quality of life in Aventura, and vice versa. Impacts of development in adjacent cities on traffic congestion and hurricane times evacuation are particular areas of concern, and are addressed in Chapters I1.C. and 11.0. Gulfstream Park is an existing 250-acre racetrack located in the City of Hallandale Beach in Broward County, abutting the City of Aventura's northern boundary. Gulfstream Park is currently the subject of a Development of Regional Impact (DRI) application for the proposed development of a large-scale, mixed-use project on 85.7 acres currently used for parking. The racetrack fucility would be retained. The proposed flexible development program for this site includes 1.2 million s. f. of retail, 1,500 residential units, a 5,500 seat movie theater, and 300,000 s.f. of office space." This Application for Development Approval for the DRI is still in process. The City of Aventura has been diligent in providing comments and input in the DRI process due to the potential impacts of this proposed development. The City of Sunny Isles Beach, located across the Intracoastal Waterway and Dumfounding Bay to the east of the City, has experienced significant redevelopment in the past few years, with low-rise beachfront motels being replaced by high-rise condominium and hotel projects. This redevelopment has rapidly changed the complexion of Sunny Isles Beach, and had implications for northeast Miami-Dade County as a whole, particularly in terms of traffic and hurricane evacuation. William Lehman Causeway, one of the two the main linkages between Sunny Isles Beach and the mainland, traverses the City of Aventura. Efforts to continue to ensure coordinated planning with the City of Sunny Isles Beach, particularly in terms of transportation and emergency management, are key to future development and redevelopment of both cities. The OJ us area of unincorporated Miami-Dade County is located west of the City of A ventura. The area is currently characterized by low density residential neighborhoods and commercial strip development along West Dixie Highway and Miami Gardens Drive. The Ojus area demonstrates some redevelopment needs, particularly in the commercial areas, and was the subject of a 200 I charrette conducted by the Miami-Dade Department of Planning and Zoning. Charrette recommendations included multi-modal transportation improvements, the development of urban design standards, increased code enforcement, environmental restoration/protection, historic preservation, land use and zoning strategies, and the provision of incentives for redevelopment.14 IJ Village o/Gulfstream Park Development 0/ Regional Impact, Application/or Development Approval, April 28,2004 14 A Vision/or the Ojus Area, Ojus Charrelle Report, Miami-Dade County Department of Planning and Zoning, May 2001 20 City of A ventura 2005 Evaluation and Appraisal Report 2. Social, Economic and Environmental Impacts Section 163.3l91(2)(e), F.S., requires that the potential social, economic, and environmental impacts of the identified major issues be addressed in the EAR. The previous section of this report described specific impacts of the development and redevelopment issue in detail. In summary, major positive social impacts of development and redevelopment include: the creation of stronger neighborhoods, which in turn strengthens the sense of community and social fabric; opportunities to enhance the quality of life for existing and future residents and visitors by providing increased opportunities for social interaction, reducing automobile dependence, and providing better public space, and; the provision of additional economic opportunities. Potential negative impacts include: reduced service levels and congestion that might result from increasing density without expanding service capacity; the encroachment of incompatible uses on existing communities that are essential to healthy development, and; increased school overcrowding. From an economic standpoint, the development and redevelopment issue has a number of implications. Development and redevelopment increases the tax base, and therefore increases the City's ability to provide services to existing and future residents. Moreover, development and redevelopment attracts new residents and businesses to neighborhoods, creating new jobs for existing residents. Nonetheless, increased development and redevelopment requires the provision of additional and expanded public services and infrastructure, with added public costs. Impact fees, concurrency requirements, and other mechanisms should be in place to ensure that development assumes its fair share of these costs. From an environmental standpoint, redevelopment and infill development result in more sustainable development patterns than suburban sprawl, and play an important role in protecting the region's many environmental resources, including the Everglades and other environmentally sensitive lands. Within the City, however, development and redevelopment can diminish the level of open space, disrupt vistas and view corridors, and have negative impacts on natural resources, including natural and man-made water bodies. It is important to ensure that adequate open spaces are maintained and public spaces provided in conjunction with development and redevelopment in the City, and that potential negative impacts of such development and redevelopment are mitigated through the use of best management practices and other strategies. 21 City of Aventura 2005 ~valuation and Appraisal Report 3. Comprehensive Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identifY, where appropriate, unforeseen or unanticipated changes in circumstances which have resulted in problems or opportunities with respect to the major issues. Because of its broad nature, Issue l.A., "Development and Redevelopment", impacts the Comprehensive Plan in its entirety. Specific recommendations to amend the Comprehensive Plan to address the issue of development and redevelopment are as follows. a. Future Land Use Element The following objectives and policies in the Future Land Use Element should be amended as noted or added to address this issue: Recommendation II.A.I. A number of the major issues facing the City, including building heights, concerns over the intensity of development, and ensuring compatibility between existing neighborhoods and new development and redevelopment, must be addressed through the City's land development regulations, It is therefore recommended that a new Objective and policies be added to the Future Land Use Element to state that by 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City. The revised land development regulations shall address strategies to: · accommodate growth while maintaining neighborhood integrity; . ensure appropriate height and site development requirements and design guidelines; · ensure appropriate transitions and linkages between different neighborhoods and uses; . encourage more walkable neighborhoods; · buffer neighborhoods and existing development from the encroachment of incompatible uses; . limit the intensity of future development and redevelopment in a manner that is consistent with current development patterns, and that minimizes further negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times, and quality of life, and; · prevent redevelopment of a parcel in a manner that would significantly increase its existing intensity or density, unless redevelopment of said parcel will implement specific development and redevelopment goals that are or that might be established for particular areas. Recommendation II.A.2. Policy 1.1 defines the City's residential land categories. It is recommended that Policy 1.1 be amended to the following: · under the Medium Density land use category delete "authorizes apartment buildings ranging" and replace with "allows a range in density". Also, add the following to the end of the second sentence ", but may also include single family detached, duplexes, triplexes and quadruplexes" 22 City of A ventura 2005 Evaluation and Appraisal Report . under the Medium-High Density category delete "authorizes apartment buildings ranging from" and replace with "allows a range in density". Add the following new sentences: "The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability ofthe developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life." Recommendation II.A.3. Policy 1.2 defines the City's non-residential land use categories. It is recommended that Policy 1.2 be amended to: . Add text to the Business and Office Category to state that the maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels of service and quality of life; · Add text to the Town Center Category to clariry that such centers are not intended to be Regional Activity Centers, but are instead intended to primarily serve the City's existing and future residents and businesses, and; . Add a Water Category which specifies that areas designated Water provide numerous benefits to the City of Aventura and are an important component of the City's multi-modal transportation network, stormwater drainage infrastructure, and natural and built environments. It should speciry that the use ofthese areas shall be limited to recreational and commercial boating facilities (including water taxis and ferries), the provision of open space and urban relief, recreation, waterways, wetlands, flood control, stormwater drainage and storage, and natural resource protection and enhancement, and comply with the requirements of Chapter 24, "Environmental Protection...", of the Miami-Dade County Code of Ordinances. It should further state that development in or above such areas in a manner that will diminish these functions shall be prohibited, and that development and redevelopment adjacent to these areas shall include provisions to enhance these functions where appropriate. Recommendation II.A.4. Policy 2.1 states that in planning and designing development and redevelopment, the City shall enforce the guidelines contained in the Comprehensive Plan's Urban Design Element. It is recommended that this Policy be revised to replace the reference to "Urban Design Element" with ''redevelopment plans, the Redevelopment Element, and land development regulations". Recommendation II.A.S. Policy 2.4 addresses the designation of sites and use of landscaping materials in public projects, an important consideration in development and 23 City of A ventura 2005 Evaluation and Appraisal Report redevelopment. It is recommended that this Policy be amended to call for the use of native landscaping materials where feasible and appropriate in public projects. Recommendation II.A.6. Objective 3 states that decisions regarding the location, extent, and intensity of future land use in A ventura will be based on environmental conditions and the financial feasibility of providing services at levels that meet or exceed adopted levels of service by 2005. It is recommended that this Policy be amended to update the date to 2015, and to expand the text to also state that decisions regarding the location, extent and future land use in A ventura will be based on compatibility with and the minimization of adverse impacts on existing neighborhoods. Recommendation II.A.7. Objective 5 states that by 2005 Aventura shall reduce the number of existing uses that are inconsistent with the uses designated in the Future Land Use Plan Map. It is recommended that this Policy be amended to update the date to 2015, and to state that the City shall continue to reduce the number of land uses inconsistent with the uses designated on the LUP Map. Recommendation II.A.S. Policy 5.1 identifies a number of factors that the City will consider in evaluating compatibility among proximate land uses. It is recommended that this Policy be amended to include the existing character and function of the surrounding neighborhood, consistency with the goals and objectives of the Comprehensive Plan, and specific neighborhood development and redevelopment plans in the list of mctors to be considered in compatibility evaluations. Recommendation II.A.9. Policy 5.2 states that residential neighborhoods shall be protected from the intrusion of uses that will disrupt the neighborhood. It is recommended that this Policy be amended to remove the word residential, as all neighborhoods should be provided with this protection, regardless offunction. Recommendation II.A.IO. Objective 6 states that upon adoption of the Comprehensive Plan, all public and private activities regarding the use, development and redevelopment of land shall be consistent with the Comprehensive Plan's goals, objectives, and policies. It is recommended that this Policy be amended to reflect the fact that the Comprehensive Plan has been adopted. Recommendation II.A.II. Policy 8.1 calls for the City to establish opportunities to amend the Comprehensive Plan. It is recommended that this Policy be amended to reflect the City's established procedures for Comprehensive Plan amendments. Recommendation II.A.12. Policy 9.1 states that the City shall maintain and enhance regulations governing the use and development ofland. It is recommended that this Policy be amended to include protecting and minimizing negative impacts to the character and function ofthe surrounding neighborhoods to the list of items that are regulated by the land development regulations. 24 City of A ventura 2005 Evaluation and Appraisal Report Recommendation n.A.I3. Policy 9.3 states that the City shall enact land development regulations within one year of adopting its Comprehensive Plan. It is recommended that this Policy be updated to reflect the fact that the Comprehensive Plan and land development regulations have been adopted. but may be amended from time to time. Recommendation II.A.I4. Objective I I states that upon adoption of the Plan. the location. design and management of development and redevelopment shall ensure the protection of natural resources and systems. It is recommended that this Objective be amended to reflect the fact that the Comprehensive Plan has been adopted. b. Intergovernmental Coordination Element Recommendation II.A.IS. Objectives I and 3 of the Intergovernmental Coordination Element. and policies thereunder. address joint land use planning with other jurisdictions. [t is recommended that new policies be added under Objective [ and Objective 3 to call for increased coordination with adjacent jurisdictions to ensure compatible development and redevelopment. and address the unique challenges and opportunities that face northeast Miami-Dade and southeast Broward counties c. Conservation & Coastal Management Element The following objectives and policies in the Conservation & Coastal Management Element should be amended as noted to address this issue. Recommendation II.A.I6. Objective 12 of the Conservation & Coastal Management Element. and policies 12.1 through 12.7. address protection of the City's shorelines and water dependent uses. It is recommended that a new Policy be added under Objective 12 to state that the use of areas designated Water on the Future Land Use Plan Map shall be limited to recreational and commercial boating facilities (including water taxis and ferries). the provision of open space and urban relief, recreation. waterways. wetlands. flood control. stormwater drainage and storage. and natural resource protection and enhancement. and comply with the requirements of Chapter 24. "Environmental Protection.. .... of the Miami-Dade County Code of Ordinances. It should further state that development in or above such areas in a manner that will diminish these functions shall be prohibited. d. Redevelopment Element The City of Aventura's Comprehensive Plan currently contains two optional elements: the Economic Development Element and the Urban Design Element. The Economic Development Element addresses strategies for improving and streamlining the development approval process to further economic development goals. development of a unified approach for marketing the City to businesses. and the establishment of Community Redevelopment Area that includes Thunder Alley. the Hospital District. and the Biscayne Boulevard corridor. The Urban Design Element contains the original concept plans for the 25 City of A ventura 2005 Evaluation and Appraisal Report Town Center and Hospital District,15 and calls for the City to enact land development regulations to implement these conceptual plans. Recommendation IT.A.17. Due to the number of development and redevelopment issues that the City is facing, and the fact that the concept plans for the Town Center and Hospital District have changed, it is recommended that the Economic Development and Urban Design elements be consolidated and expanded into a new Redevelopment Element that addresses the following issues and initiatives: By 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City. The revised land development regulations shall address strategies to: . accommodate growth while maintaining neighborhood integrity; . ensure appropriate height and site development requirements and design guidelines; . ensure appropriate transitions and linkages between different neighborhoods and uses; . encourage more walkable neighborhoods; · buffer neighborhoods and existing development from the encroachment of incompatible uses; · limit the intensity of future development and redevelopment in a manner that is consistent with current development patterns, and that minimizes further negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times, and quality of life, and; · prevent redevelopment of a parcel in a manner that would significantly increase its existing intensity or density, unless redevelopment of said parcel will implement specific development and redevelopment goals that are or that might be established for particular areas. The City shall coordinate with the private sector and other agencies as appropriate, to implement strategies to market the City of Aventura as a location for new businesses, promote the retention and expansion of existing businesses, ensure an adequate supply of non-residential land uses to address economic development goals, provide services and employment opportunities to existing and future residents, and coordinate economic development, development, and redevelopment goals; By 2007, the City shall refine development/design guidelines through the land development regulations for the Town Center that provides for its redevelopment as a design-unified downtown that primarily serves City residents. The Town Center shall be characterized by a mixture of different urban functions integrated horizontally and vertically, multi-modal transportation access and circulation, and high quality urban design; ] 5 City of Aventura Adapted Comprehensive Plan. Urban Design Element. Figure I and Figure 2. p. 74 and 76 26 City of A ventura 2005 Evaluation and Appraisal Report By 2007, the City shall review and amend its land development regulations in order to reduce potential development/redevelopment intensities on the Biscayne Boulevard corridor. The City should also evaluate strategies to improve the Biscayne Boulevard corridor through cohesive design and development patterns, and appropriate redevelopment. 27 City of A ventura 2005 Evaluation and Appraisal Report II. B. HOUSING 1. Issue Description and Analysis As noted in Chapter I., in 2004 the highest real estate appreciation in the southeastern United States occurred in zip code 33180, which includes the City of A ventura. Specifically, the median home sales price in the City in 2004 was $445,500, an increase of 23.6 percent from 2003 and 112.5 percent from 1999.16 While these increases are reflective of the City's high quality of life and have positive implications for the City's tax base and fiscal health, they are also making housing in the City prohibitive to many households, including middle income households. The availability of housing that is affordable and appropriate for existing and future households of all income levels is therefore a major issue. Specific concerns include the availability of housing to accommodate employees of existing and future businesses, the diminishing rental housing stock that is resulting from condominium conversions, and barriers to homeownership. "Housing cost burden", defined as the percent of a household's income that is used to pay for housing costs, is frequently used as a measure for determining whether or not housing is affordable. According to federal housing program guidelines and the University of Florida's Shimberg Center for Affordable Housing (Shimberg Center), housing costs should not exceed 30 percent of a household's income in order to be considered affordable 17. For example, a family off our with a combined household income of$57,840 should pay no more than $17,352 in annual combined housing costs. Federal guidelines define a very low income household as a household whose income is at or below 50 percent of the median household income for the area, a low income household as a household whose income is between 50 and 80 percent of the median for the area, and a moderate income household as a household whose income is between 80 and 120 percent ofthe median for the areal8. The median income varies in accordance with household size. Table 11.B.1 identifies median household incomes by household size for Miami-Dade County. 16 Miami New Times, May 12 -18, 2005, Volume 20, Number 6 17 The Slale of Florida's Housing, 2000, Page 33, University of Florida Shimberg Cenler for Affordable Housing, William O'Dell and Mark T. Smith, 18 Affordable Housing Guidelines, Miami-Dade Housing Agency, April 21, 2003 28 City of A ventura 2005 Evaluation and Appraisal Report Table II.B.1. Median Household Income by Household Size, Miami-Dade County" Household Size 50 % of Median 80 % of Median Median 120 % of (Very Low) (Low) Median (Moderate) 1 $16,850 $27,000 $33,700 $40,440 2 $19,300 $30,850 $38,600 $46,320 3 $21,700 $34,700 $43,400 $52,080 4 $24,100 $38,550 $48,200 $57,840 5 $26,050 $41,650 $52,100 $62,520 6 $27,950 $44,750 $55,900 $67,080 7 $29,900 $47,800 $59,800 $71,760 8 $31,800 $50,900 $63,600 $76,320 The University of Florida's Shimberg Center for Affordable Housing, under contract with the State of Florida Department of Community Affairs, prepares an Affordable Housing Needs Assessment (AHNA) for each municipality in the State in order to assist in the development and evaluation of comprehensive plan housing elements. The AHNA provides information about household size, income (as measured against the median), ownership status, and other indicators. Table II.B.2 below summarizes the AHNA information for the City of Aventura for the years 2002, 2005, 2010, 2015, and 2025. Analysis of this data provides an indication of the current and projected demand for housing. It should be noted, however, that these estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. Nonetheless, the City finds that the Shimberg Center analysis to be the most accurate and best available data indicating affordable housing need in the City, with the caveat that year 2010 information provides the best indication of affordable housing need through the short and long-term planning horizons. 19 Affordable Housing Guidelines, Miami-Dade Housing Agency, April 21, 2003, Page 17 29 City of A ventura 2005 Evaluation and Appraisal Report Table II.B.2. Affordable Housing Demand Datal. Year 2005 Year 2010 Year 2015 Year 2025 Total Number of Households 15,317 17,089 18,861 22,952 Renter Households/% of Total 4,566/30% 5,338/31 % 6,109132% 7,704/34% Owner Households/% of Total 10,751/70% 11,752/69% 12,752/68% 15,248/66% Very Low Income Renter 1,728/37% 1,953/37% 2,177/36% 2,680/35% Households/% of Total Low Income Renter Households/% of 850/19% 1,002119"10 1,153119% 1,452/20% Total Moderate Income Renter 853/19% 1,023/19% 1,192/20% 1,523/20% Households/% of Total Total Low and Moderate Income 3,431/75% 3,978/75% 4,522/74% 2,054/73% Renter Households/% of Total Very Low Income Owner 2,211/21% 2,238119% 2,264/18% 2,838119% Households/% of Total Low Income Owner Households/% of 1,531114% 1,620114% 1,709113% 1,723111% Total Moderate Income Owner 1,825117% 1,991117% 2,157117% 2,589117% Households/% of Total Total Low and Moderate Income 5,567/52% 5,849/49% 6,130/48% 7,150/47% Owner Households/% of Total As can be seen on Table IIB.2., in 2005 there were a total of 15,317 households in Aventura. A total of 4,566 (30%) of these households rented their homes, while 10,751 (70%) owned their homes. Among the households who rented their homes, 1,728 (37%) were very low income, 850 (19%) were low income, and 853 (19%) were moderate income. In total, 3,431 (75%) of the City's renter households were low and moderate income in 2005. Among the households who owned their homes, 2,211 (21%) were very low income, 1,531 (14%) were low income, and 1,825 (17%) were moderate income. In tota~ 5,567 (52%) of the City's homeowner households were low and moderate income in 2005. The Shimberg Center also projects the Affordable Housing Needs Assessment data for 2010,2015, and 2025. As can be seen on Table II.B.2., in 2010 it is projected that there will be a total of 17,089 households in Aventura. A total of5,338 (31%) are projected to rent their homes, while 11,752 (69%) are projected to own their homes. Among the 20 Affordable Housing Needs Assessment, Shim berg Center for Affordable Housing, 2005 30 City of A ventura 2005 Evaluation and Appraisal Report households projected to rent their homes, it is estimated that 1,953 (37%) will be very low income, 1,002 (19%) will be low income, and 1,023 (19%) will be moderate income. In total, it is projected that 3,978 (75%) of the City's renter households will be low and moderate income in 2015. Among the households projected to own their homes, it is estimated that 2,238 (19%) will be very low income, 1,620 (14%) will be low income, and 1,991 (17%) will be moderate income. In total, it is projected that 5,849 (49%) of the City's homeowner households will be low and moderate income in 2010. In 2015 it is projected that there will be a total of 18,861 households in Aventura. A total of6,I09 (32%) are projected to rent their homes, while 12,752 (68%) are projected to own their homes. Among the households projected to rent their homes, it is estimated that 2,177 (36%) will be very low income, 1,153 (19%) will be low income, and 1,192 (20%) will be moderate income. In total, it is projected that 4,522 (74%) of the City's renter households will be low and moderate income in 2015. Among the households projected to own their homes, it is estimated that 2,264 (18%) will be very low income, 1,709 (13%) will be low income, and 2,157 (17%) will be moderate income. In total, it is projected that 6,130 (48%) of the City's homeowner households will be low and moderate income in 2015. In 2025, the Shimberg Center projects that there will be a total of 22,952 households in Aventura. A total of 7,704 (34%) are projected to rent their homes, while 15,248 (66%) are projected to own their homes. Among the households projected to rent their homes, it is estimated that 2,680 (35%) will be very low income, 1,452 (20%) will be low income, and 1,523 (20%) will be moderate income. In total, it is projected that 2,054 (73%) of the City's renter households will be low and moderate income in 2025. Among the households projected to own their homes, it is estimated that 2,838 (19%) will be very low income, 1,723 (11%) will be low income, and 2,589 (17%) will be moderate income. In total, it is projected that 7,150 (47%) of the City's homeowner households will be low and moderate income in 2005. Based on the Shimberg Center's projected population figures and tenure characteristics, in order to fully address housing demand in 2010, the City's housing inventory should include: 1,953 rental units and 2,238 ownership units affordable to very low income households; 1,002 rental units and 1,620 ownership units affordable to low income households, and; 1,023 rental units and 1,991 ownership units affordable to moderate income households. By 2015, the City's housing inventory should include: 2,177 rental units and 2,264 ownership units affordable to very low income households; 1,153 rental units and 1,709 ownership units affordable to low income households; 1,192 rental units and 2,157 ownership units affordable to moderate income households; and 1,587 rental units and 6,622 ownership units affordable to households who are of middle or upper income levels. In order to fully address housing demand in 2025, the City's housing inventory should include: 2,680 rental units and 2,838 ownership units affordable to very low income households; 1,452 rental units and 1,723 ownership units affordable to low income households; 1,523 rental units and 2,589 ownership units affordable to moderate income households; and 2,049 rental units and 8,098 ownership units affordable to households who are of middle or upper income levels. 31 City of A ventura 2005 Evaluation and Appraisal Report As noted earlier, however, the Shimberg Center's estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, the City estimates that its population will cap out at around 32,925, the year 20 I 0 population estimate. The City's demand for housing units in 2015 and 2025 is therefore estimated to be closer to the 2010 figures than the 2015 and 2025 figures as reported on Table 11.8.2. The condition of the existing housing stock is another component of the goal of providing decent, safe, sanitary and affordable housing to the City's existing and future residents. The Shimberg Center for Affordable Housing defines substandard units as those that have one or more of the following characteristics: no heating fuel; incomplete kitchen and/or plumbing, and/or overcrowded units. In addition, substandard units may have code violations and/or structural issues. Addressing these conditions is an important component of housing programs. According to the Shimberg Center, in 2000,530 units (3.8 %) used no heating fuel; 585 units (4%) lacked complete kitchen facilities, and 83 units (.4%) lacked complete plumbing facilities. An overcrowded unit is one in which there is more than one person per room. In 2000, 66 (.3%) of the City's household resided in overcrowded units. These figures do not necessarily reflect units with one or more code violations and/or substandard conditions. A May 19,2005 windshield survey of the City's neighborhoods indicates that a concentration of units needing repair exists in the single family residential neighborhoods located west of Biscayne Boulevard in the Hospital District. As noted in Chapter II.A., these areas are targeted for redevelopment with medical offices. 21 Housing Prices Squeeze Buyers, Natalie P. McNeal and Amy Sherman, The Miami Herald, July 21, 2004 32 City of A ventura 2005 Evaluation and Appraisal Report 2. Social, Economic and Environmental Impacts Section 163.3191(2)(e), F.S., requires that the potential social, economic, and environmental impacts ofthe identified major issues be addressed in the EAR. The social, economic and environmental impacts ofIssue II.B., "Housing", are addressed as follows. The provision of housing that is decent, safe, sanitary and affordable to all households has numerous social, economic, and environmental benefits. The scarcity of housing contributes to many social problems, including poverty, homelessness, displacement, and foreclosures. Moreover, substandard and dilapidated housing negatively impacts the quality of life of occupants and neighborhoods. Affordable housing reduces such problems with the added social benefit of increased economic diversity. From an economic standpoint, the availability of quality housing increases household disposable income, which positively impacts local businesses and furthers job creation and other economic development goals. Moreover, the availability of housing makes an area more attractive for workers and employers, and can be a key factor in attracting new business to the area. From an environmental standpoint, slum and blight conditions and a scarcity of affordable housing negatively impacts public health and safety, and degrades the quality and aesthetic beauty of the built and natural environment. 33 City of A ventura 2005 l::valuation and Appraisal Report 3. Comprehensive Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identitY, where appropriate, unforeseen or unanticipated changes in circumstances which have resuhed in problems or opportunities with respect to the major issues. Issue LB., "Housing", impacts: · Objectives I, 2, 3, 5, 6, 8, and 9 of the Future Land Use Element, and policies thereunder, as they address residential land use categories, the protection of residential neighborhoods, strategies to address existing and future residential demand, and/or strategies to accommodate existing and future residents; . The Housing Element in its entirety; · Objective I of the Intergovernmental Coordination Element, and policies 1.7 and 1.8 thereunder, as they address coordination with other local governments to identitY opportunities for affordable housing, and the need to coordinate funding cycles for affordable housing programs. Specific recommendations to amend the Comprehensive Plan to address the issue of development and redevelopment are as follows. a. Housing Element Recommendation 11.8.1. Objective I and its policies address strategies to create and preserve affordable housing for all existing and future City residents. It is recommended that a new Policy be added under Objective I to state that the City shall support public and private sector efforts to provide an adequate supply of housing units that are affordable to households of all incomes in proportions that are reflective of the housing demand and needs. It should further state that developers are encouraged to provide a variety of housing types, including housing affordable to City residents of all income levels, in residential projects and communities. Recommendation 11.8.2. Objective 3 addresses the availability of sites for affordable housing, and states that due to the scarcity ofland and high land values, affordable housing units will be distributed. It is recommended that this Objective be amended to state that "due to high and increasing property values and the scarcity of developable land, the City will coordinate with the private sector in order to encourage the provision of a variety of housing types, including housing affordable to City residents of all income levels, in residential and Town Center communities throughout the City". Recommendation 11.8.3. Policy 3.1 states that the land development regulations will include appropriate criteria to allow diverse housing types. It is recommended that this Policy be amended to add "including housing affordable to City residents of all income levels" after "type". 34 City of A ventura 2005 Evaluation and Appraisal Report b. Intergovernmental Coordination Element Recommendation 11.8.4. Objective I addresses coordination with other local governments to identifY opportunities for affordable housing. It is recommended that a new Policy stating that the City shall incorporate the recommendations of the joint Florida Department of Community Affairs/South Florida Regional Planning Council "Regional Affordable Housing Strategy" in its Comprehensive Plan, as appropriate, after the final recommendations are issued. 35 City of A ventura 2005 Evaluation and Appraisal Report II.C. EMERGENCY MANAGEMENT I. Issue Description and Analysis a. Existing Conditions As a substantially developed coastal community, emergency management and hurricane preparedness are on-going concerns in the City of Aventura. Figure I1.C.\. identifies the 2003 hurricane evacuation zones in Miami-Dade County?2 Zone A, the Coastal High Hazard Area, encompasses the County's Atlantic beaches and barrier islands, including the cities of Miami Beach, SurfSide, Sunny Isles Beach, and Golden Beach. The City of Aventura is not located within the Coastal High Hazard Area, with the exception of the Island Estates area located adjacent to Williams Island on two islands extending into the Intracoastal Waterway (see the portions of the City located in Zone A on Figure I1.C.)). The westernmost island is currently developed with 22 single family estate homes. The easternmost island is currently vacant, but has vested rights for 17 units per gross acre. Both islands are designated Medium High Density Residential on the Comprehensive Plan's Future Land Use Plan Map, and are zoned RS-2 (Residential Single Family). The City shall not approve any development applications that would serve to increase density of this development beyond what exists or is allowed by current zoning and/or vested rights. The coastal high hazard area must be evacuated in the event of any hurricane, regardless of storm category. The portions of Aventura (excepting Island Estates) that are east of US-I (Biscayne Boulevard) are located in the Hurricane Vulnerability Zone (Zone B), which must be evacuated in the event of hurricane of Category 2 strength or higher. This area does not require evacuation in the event of a Category ) storm, although evacuation is always recommended when a hurricane threatens South Florida. As noted earlier, the City of A ventura's location in the Hurricane Vulnerability Zone requires residents to evacuate in the event of a category 2 or stronger storm, except for the residents of the Costal High Hazard Area who must evacuate in a Category I event, although evacuation is encouraged during any major storm event. The ability of the City's roadway system to allow evacuation in a safe and timely manner is integral to the function of the emergency management system, and the health and safety of City residents. As the City and its neighboring jurisdictions continue to develop and redevelop, increased permanent, seasonal, and temporary populations must be evacuated. As is further described in Chapter IJ.D., the City already fuces significant traffic congestion, which inhibits the ability of residents and visitors to evacuate safely and efficiently. Moreover, it must be noted that many residents of the Coastal High Hazard Area, and other surrounding jurisdictions, may evacuate through the City of Aventura, which potentially increases evacuation times for City residents. For example, the William Lehman Causeway, which traverses the City of Aventura, is a major evacuation route for the City of Sunny Isles Beach, which is currently undergoing significant development and redevelopment. For these reasons, emergency management was cited as a key concern in the recently enacted moratorium ordinance. 22 Miami-Dade County Comprehensive Development Master Plan Evalualion and Appraisal Report, Miami- Dade County Department of Planning and Zoning, 2003 36 City of A ventura 200S Evaluation and Appraisal Report There are three major evacuation routes out of the City of A ventura: Biscayne Blvd, aka US I (North); Ives Dairy Road - N 203rd St. (West), and; Miami Gardens Drive - N 18Sth St. (West). These evacuation routes are shown on Figure II.C.2. In addition, the City has established traffic control points in order to facilitate evacuation. Established traffic control points include: Biscayne Blvd. and 207 St.; Biscayne Blvd. and Aventura Blvd.; Biscayne Blvd. and 191'1 St; Biscayne Blvd. and I 83'd St.; 29th Ave and 190th St.; 34th Ave and Country Club Drive; Biscayne Blvd. and 203rd St; Biscayne Blvd. and Lehman Causeway; Biscayne Blvd. and 18th St.; Dixie Highway and 21Sth St; 29th Place and Aventura Blvd.; and 34th Ave and 20th St. Clearance time is the time required to clear the roadway of all vehicles evacuating in response to a hurricane situation. Clearance time begins when the fIrst evacuating vehicle enters the road network. Clearance time includes the time required by evacuees to enter the road network (referred to as mobilization time) and the time spent by evacuees to enter the road network due to traffic congestion (referred to as queuing delay time). Clearance time does not relate to the time anyone vehicle spends traveling on the road network and does not include time needed for local officials to assemble and make a decision to evacuate. Evacuation time is the combination of the clearance time and the pre-landfall hazards time. In most cases, if not all, evacuations are called to a stop as soon as tropical storm force winds (one of the many pre-landfall hazards) begin to make landfall. This decision is made to not only protect the safety of those trying to evacuate but also because many of the evacuation routes begin to close due to bridge closures or roadway flooding. Therefore, clearance time is the amount of time necessary from the issuance of the evacuation order until the last person gets to a place of safety. Evacuation time is the total time from when the evacuation order is issued until the eye of the tropical system makes landfall. Table III.C.1. below gives approximated clearance times for the City of A ventura based on the most recently available data from the South Florida Regional Planning Council. 37 City of A ventura 2005 Evaluation and Appraisal Report Table In.C.1.Populations and Clearance Times (based on 1998 Proiection City Population Evacuation Evacuation Evacuation Citywide Zones Routes Route Times Clearance Time A ventura 26,882 ] Biscayne Blvd Jul Nov 10.67 hrs 8.49 10.67 Lehman Cswy Jul Nov 1.03 1.32 Sunny Isles 15,327 1&2 Lehman Cswy Jul Nov 4.79 hrs 1.03 1.32 Sunny Isles Jul Nov Cswy 3.79 4.79 Golden Beach 924 1 Lehman Cswy Jul Nov 1.32 hrs 1.03 1.32 North Miami 40,345 2 NMiami Jul Nov 8.85 hrs Beach Beach Blvd 7.06 8.85 Hallandale 35,369 8&9 Hollywood Jul Nov 9.17hrs Beach Blvd 7.14 9.17 Hallandale Jul Nov Beach Blvd 4.66 5.97 Miami-Dade 2,363,600 N/A N/A Jul Nov 20.1 hrs CounlY \5.8 20.\ Broward 1,754,893 N/A N/A Jul Nov 8.82 hrs County 6.88 8.82 s) Source: South Florida Regional Hurricane Evacuation Study - April t996 If the comprehensive plan amendments approved by the City since 1998 are taken into account the City's evacuation time, according to the South Florida Regional Planning Council's model, is currently at 11.54 hours. Policy 12.2 of the Comprehensive Plan's Future Land Use Element and Objective 9 of the Coastal Management Element require that the City maintain hurricane evacuation clearance times of 12 hours or less. As noted on Table III.C.I. above, the City is currently meeting the 12 hour clearance time for all storms. The November calculations are higher due to the number of seasonal residents living in these areas, As development and redevelopment continues in the City and surrounding areas, clearance times will lengthen without increased roadway capacity to address evacuation needs. The impacts of proposed development and redevelopment on the City's hurricane evacuation clearance times are monitored by the City in conjunction with the South Florida Regional Planning Council on an on-going basis, As noted in Chapter I1,A, I., development and redevelopment that is occurring in adjacent areas invariably impacts the quality of life in A ventura, and vice versa. Impacts of development in adjacent cities on hurricane evacuation times is a particular concern. A complicating factor is that the hurricane evacuation clearance standards for many surrounding jurisdictions, including those in the Coastal High Hazard Area, is up to 24 hours, which is inconsistent with Aventura's adopted 12 hour standard. This differential provides these cities with greater development and redevelopment capacities than the City 38 City of A ventura 2005 Evaluation and Appraisal Report of Aventura, and inhibits the City's ability to achieve its clearance standards due to increased congestion on evacuation routes. Because hurricane evacuation and emergency management planning is, by necessity, conducted on a regional basis, it is evident that the City must utilize intergovernmental coordination and regional planning forums to address these concerns, and to reevaluate the hurricane evacuation formulas. 39 I I I I 1 I City of Aventura 2005 Evaluation and Appraisal Report Figure II.C.I. urricane Evacuatio - +-- -. -1 Legend Hurricane Evacuation Zones _ Zone A ~ Zone B c:::J City of Aventura C:=J Miami-Dade County C:=J Broward County Railroad '" ~ 201ST ~ :I: '" ~ en .... o o c ~ ~ o r C OJ D~ (0,s ~ DELVrSTA City of Aventura 2005 Evaluation and Appraisal Report Kmur~II.C.2 City_()fA~ent.ura Hurri ~ne Evacuation Routes 214TH ~ ." POINT 213THN 213TH JP'~ !:j ~ ::\ A 212TH <' 0 ~ :t <77'1: <7 11.>"",,~ JIB ., ~; <70"'/Y '.>""" D 210TH .-.... ~ 'ry "'R\NE~ lOENP ~ :I: 210TH 210TH ~ NO' 0' 209H I- ~3<ND ;l; ~ :I: 208TH ~ .... \:: 207iH M M WATERWAYS207TH 206TH . 205TH ~ :I: \~~"l.y.. '" ~ 190TH HIDDEN BAY :I: I- ~ 188TH 187TH '" 185TH ~ 184TH :I: 183RD WILLIAMS ISLAND . j '\ ~ Iii POINT EAST ~ Legend Hurricane Evacuation Route +- Directional Flow Raiiroad Street _ Miami-Dade County C=:J Broward County C=:J City of Aventura City of A ventura 2005 Evaluation and Appraisal Report b. Miami-Dade County Emergency Management System The Miami-Dade County Emergency Management System (CEMS) is implemented by a coordinated network that includes: County government agencies; municipalities; State and federal agencies located in the County; private not-for-proflt agencies that have membership in Miami-Dade County Volunteer Organizations Active in Disasters (VOAD), and; business organizations which provide essential services in response/recovery operations. This system is designed to ensure that adequate resources are provided to jurisdictions whenever their own resources are inadequate to cope with a given situation. When a "Local State of Emergency" is declared by Miami-Dade County, a network of the Miami-Dade County Emergency Operations Center (EOC) and seven Divisional EOCs is activated to ensure that all municipalities are represented in the network. If a small area of the county or its municipalities is affected, the Miami-Dade County EOC would be activated to provide the required assistance to the community. This system will be applied in day-to-day activities, such as training and exercises, as well as emergency operations and planning. Other responsibilities of the County include: . Coordinating intra-county mutual aid; · Maintaining a liaison with local jurisdictions within the County and with neighboring counties; · IdentifYing multi-purpose staging areas throughout the county to provide rally points for incoming mutual aid and humanitarian depots for support of recovery operations; · Forwarding local mutual aid requests that cannot be satisfied from within the County to the State EOC; . Dispatching reports to the State EOC as the emergency situation develops and as changes in the emergency dictate; · Receiving and employing resources provided by other counties, State, federal, and private agencies, and; . Carrying out emergency regulations issued by proper authorities. The Miami-Dade Office of Emergency Management, located at 9300 NW 41" Street in the City of Doral, has decentralized direct communication will all municipalities in Miami- Dade County in an effort to maintain a manageable span of control in the County emergency operations center. There are seven "Divisional EOCs" located in the cities of: Coral Gables; Hialeah; Homestead; Miami; Miami Beach; North Miami, and; North Miami Beach. The City of Aventura communicates with the Divisional Emergency Operations Center located at North Miami Beach Police Department, 16901 NE 19th Ave, North Miami Beach. The A ventura Police Department will assign the appropriate personnel to represent the City at the Divisional EOC. Based within the Divisional EOCs will be representatives from the other municipalities of Miami-Dade County. The Divisional EOCs serve as a communication conduit to and from the Miami-Dade County EOC for all the municipalities based within the Divisional EOC. Each Divisional EOC sends at least one representative to the Miami-Dade County EOC to facilitate communication. The Divisional EOC representatives sent to the Miami-Dade County EOC have a clear understanding of the 42 City of A ventura 2005 Evaluation and Appraisal Report Emergency Response Plans of the municipalities they represent and Miami-Dade County. The Divisional EOC representative is an official capable of making key decisions. Some responsibilities ofthe Divisional EOC include: . Monitoring and coordinating the response and recovery activities of the various assigned municipalities through Divisional EOC chain-of-command; · Providing or coordinating requested support four Divisional EOC staff municipalities; · Working closely with other remember to share information, professional and technical skills, personnel and equipment, and; · Anticipating upcoming needs and potential problems. 43 City of A ventura 2005 Evaluation and Appraisal Report c. Emergency Management within the City of Aventura The City of Aventura, in order to maintain control over the emergency situation within the boundaries of the City, will maintain emergency operations for a Category 1-3 hurricane in either the Aventura Government Center at 19200 West Country Club Drive, third floor EOC Room (No.320) or the North Miami Beach Emergency Operation Center at ) 690 I NE 191h Avenue in North Miami Beach. The location of the Aventura Emergency Operations Center will be determined by the City Manager, based on various factors relative to any given emergency. The Aventura Government Center EOC shall be in operation for all essential employees during a hurricane category less than 3. For hurricane category 4/5 the EOC will be determined by the City Manager. The City of Aventura emergency response will be implemented and managed by the City Manager, who will act as the Director of Emergency Management for the City. Under City Ordinance #2000-10, the City Manager has the sole authority to declare a State of Emergency for the City, and to place the City's Emergency Plan into action. Responsibilities ofthe City of A ventura during an emergency include: · Implementing, monitoring and coordinating mitigation, preparation, response and recovery activities within the City boundaries consistent with State and County activities; · Issuing emergency regulations to protect life, property, public order and welfare; . Recommending funding for emergency operations to the City Commission; · Equipping and operating Emergency Operations Center to control emergency conditions; . Informing City officials, residents, business owners and employees of executive decisions, actions, instructions and progress; . Coordinate the return of essential services to normal as quickly and effectively as possible after a disaster, and; · Applying for public assistance and disaster relief funding. i. City of Aventura Notification Procedures In the event of a hurricane or tropical storm event, the City of A ventura will implement the following notification policies and procedures: · Notifications from the Miami-Dade County EOC to the Divisional EOCs will have a priority status and should be made prior to notifications to other entities; · Each Divisional EOC will be responsible for maintaining a facsimile line that can be reached and will be staffed 24 hours a day and seven days a week; · Miami-Dade County EOC will develop a FAX cover sheet that stipulates that the information being distributed must be relayed to the stated recipient as soon as possible; · Miami-Dade County will distribute information obtained from the National Weather Service and/or the National Hurricane Center to the Divisional EOC's as 44 City of A ventura 2005 Evaluation and Appraisal Report soon as possible. This will be used to supplement any other source that the Divisional EOCs may have for weather-related information . Each Divisional EOC will establish a facsimile distribution network to municipalities. The Divisional EOCs will distribute disaster threat or disaster- related information to the municipalities . The Aventura Police Department Special Services Commander or designee will act as the City liaison to the Divisional EOC. The Special Services Commander will relay all weather and emergency management information to the City Manager, who will act as Director of Emergency Management for the City. The City Manager will distribute all information regarding the City's emergency procedures and status to the City Commission, Department directors and residents. Department directors will relay information to department employees. ii. City of Aventura Activation Procedures In the event of a potential or imminent hurricane or tropical storm event, the City of A ventura will implement the following notification policies and procedures: Levell: Typically a "monitoring" phase. Notification will be made to the Divisional EOCs about the position of any approaching tropical weather system. Each Divisional EOC should take prudent care to monitor the progress of any system Level 2: A limited Divisional EOC Activation. The Divisional EOCs should be staffed by Emergency Management personnel. Contact made with Miami-Dade County EOC. Level 2 activation should be initiated when a Hurricanetrropical Storm Watch is issued for Miami- Dade County. Level 3: A full-scale activation of the Divisional EOC with 24 hours a day staffing, by primary emergency response departments. Representatives from the satellite EOCs should be sent to the Divisional EOCs. Divisional EOC representatives sent to Miami-Dade County EOC. This must be accomplished within 4 hours of activation. Level 3 activation should be initiated when a Hurricanetrropical Storm Warning is issued for Miami-Dade County and should be maintained during landfall of severe weather storm (hurricane) or catastrophic event. Level 4: (Recovery Phase) Full Activation of all Divisional EOCs with 24 hours a day staffing of the EOC. Satellite EOC representative in place at Divisional EOC and Divisional representatives at Miami-Dade County EOC. Level 4 is initiated after the impact of a catastrophic event (or hurricane). This level is maintained throughout the recovery phase until the disaster is downgraded back to a Levell or 2. iii. Communication Procedures When a hurricane or tropical storm presents a significant threat to the South Florida area, the Special Services Commander shall open communications with the Divisional EOC. The Special Services Commander shall report all communications and weather updates to the 45 City of A ventura 2005 Evaluation and Appraisal Report City Manager. The City Manager shall act as the Director of Emergency Management, and shall have the authority to implement, report on and manage all actions undertaken by the City in the event of an emergency. The City Manager shall have the sole authority to declare a State of Emergency and place the Emergency Procedures Plan into action, as per City Ordinance #2000-10. The City Manager at his/her discretion shall call a meeting with all command post employees when notification is received that the Divisional EOC is becoming operational. The City Manager shall also call any meetings with Department Directors to review emergency procedures and discuss responsibilities and strategies. All communications regarding the emergency procedures and weather updates shall come from the Special Services Commander through the City Manager, or his designee, in accordance with the organizational chart shown on Figure III.C.3. The Police Department will designate an employee to respond to a post at the Divisional EOC when called upon. The City Manager, at his or her discretion, shall authorize that the City Emergency Plan be placed into action. Once the City Manager authorizes that the City Emergency Plan be placed in action, all Department Directors shall begin preparing the departments according to emergency procedures. 46 City of A ventura 2005 Evaluation and Appraisal Report Figure I1I.C.3. City of Aventura Communications Flow Chart Miami-Dade Divisional EOC .J, Police Department EOC Designee + City Manager ~ " Chief of Director of Director of Director of City Clerk Police Finance & Community Community Support Services Development Services ~ " Police Finance & Community Community City Clerk Department Support Services Development Department Employees Services Department Department Employees Department Employees Employees Employees 47 City of A ventura 2005 Evaluation and Appraisal Report iv. City of Aventura Pre-Emergency Procedures In order to ensure preparedness for stonn events, the City of Aventura implements the following pre-emergency procedures on an on-going basis: . Once per year prior to hurricane season, the Department Emergency Procedures Manual will be updated and distributed to Department employees; . The Office of the City Manager will publish hurricane preparedness tips in the July issue of the Aventura Update, a newsletter distributed Citywide, to educate residents and businesses about the City's hurricane procedures; . The Office of the City Manager, in conjunction with the Police Department, may hold public meetings prior to hurricane season to inform residents of hurricane preparedness tips. The Police Department will have hurricane preparedness materials available to distribute upon request, and will also respond to requests to speak to groups regarding hurricane preparedness; . The City Manger will be notified by the Commander of Special Services of any threat of hazardous weather or imminent executive orders from Miami-Dade County. Once notified, the City Manager will hold a meeting with Department Directors and authorize that the Emergency Management Plan be placed in action; . After the plan is in action, and prior to the Evacuation Order from the County, the Office of the City Manager will fax an "Early Warning" to all condominiums, homeowners associations, property managers, and business associations, informing residents of the storm system and encouraging them to stay tuned to the local weather forecast; . After the County has issued an Evacuation Order for the City, the Office of the City Manger will fax an Evacuation Notice to all condominiums, homeowners associations, property managers and business associations. The Evacuation Notice will include information about the City's Emergency Shuttle Bus Service. The Office of the City Manger will send a copy of all released information to the Miami-Dade Office of Emergency Management to apprise them ofthe city's status and ensure the consistency of information provided to the public; . The City Manager will relay all emergency information to the City Commission; . The City Manger will provide a list of "essential" employees to the Finance & Support Services Director prior to hurricane season. The essential employees of the Office of the City Manager are the City Manager and the Assistant to the City Manager; . All staff within the Office ofthe City Manager will prepare the department by: o Backing up all computer files on the f:/drive o Unplugging all electrical equipment o Removing loose items from high areas o Securing files away from windows o Moving all computer and telephone equipment away from windows o Closing all doors prior to leaving the department; · The Finance & Support Services Director will supply a list of all City employees, their phone numbers and status (essential or non-essential) to the City Manager; 48 City of A ventura 2005 Evaluation and Appraisal Report . Once an Evacuation Order has been given by Miami-Dade County, the Office of the City Manager will fax an emergency announcement to the designated media hurricane fax numbers to alert residents of Evacuation Order. A copy of the announcement will also be sent to the Miami-Dade Office of Emergency Management EOC; . The Office ofthe City Manager will place a recorded on (305) 466-8900, informing callers of the Evacuation Order, leaving police dispatch phone number for both residents and employees to call for more information, and; . All "essential" employees of the Office of the City Manager shall report to the designated areas, and wait until the storm passes and it is safe to re-enter the City. The designated area may be the Aventura Police Station, the North Miami Beach EOC, or another location as determined by the City Manager, based on various factors relating to any given storm. v. City of Aventura Post-Emergency Procedures In the event of an emergency storm event, the City of A ventura implements the following post-emergency procedures: . The Divisional EOC will announce when it is safe to re-enter the City. Upon notification of safe re-entry, all "essential" employees of the Office of the City Manager will report to the temporary command post, to be determined by the City Manager, within the City; . The Office of the City Manager will continue to fax reports to designated media regarding re-entry for residents; . The City Manager will contact all Department Directors to request assistance; · The City Manager shall contact all Department employees to request assistance. All non-essential employees shall monitor news stations and/or call the Police dispatch for information on when to return to work; · The City Manager will announce the decision to return to work for all non-essential employees. The Finance & Support Services Department shall contact all non- essential employees to inform them ofthe decision; . The City Manager shall organize special Commission meetings and maintain any special ordinances/resolution the City Commission may enact during an emergency; · The Office of the City Manager will assist in obtaining relief from federal, state and local agencies, and; · The Office of the City Manager will coordinate the completion and submission of damage assessment forms to the Finance & Support Services Director for FEMA reimbursement. 49 City of A ventura 2005 Evaluation and Appraisal Report 2. Social, Economic and Environmental Impacts Section 163.3 191 (2)(e), F.S., requires that the potential social, economic, and environmental impacts of the identified major issues be addressed in the EAR. The social, economic and environmental impacts of emergency management are summarized below. Maintaining an emergency management system is essential to guaranteeing the health, safety and welfare of the City's existing and future residents and visitors, particularly in hurricane-vulnerable areas such as South Florida. The failure to adequately prepare for a major storm event can result in the loss of life and destruction of property, and disrupt the normal course of daily activities for long periods of time, with great social and economic costs. For example, aftereffects of Hurricane Andrew are still evident in South Miami- Dade County. The City must have post-disaster recovery programs to expedite the normalization of City functions, and assist residents and businesses in their recovery, both financially and emotionally. From an environmental standpoint, natural resources are often damaged or destroyed in hurricane and storm events, and their restoration is an important component of post-disaster recovery efforts. Moreover, the loss of natural habitat due to development and human alteration can increase vulnerability to storm events. For example, coastal mangroves and wetlands provide a natural function in reducing storm surges, and pervious surfaces increase drainage capacity and reduce flooding. The natural system must therefore be considered as a component in emergency management and post-disaster recover programs. 50 City of A ventura 2005 Evaluation and Appraisal Report 3. Comprehensive Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identifY, where appropriate, unforeseen or unanticipated changes in circumstances which have resulted in problems or opportunities with respect to the major issues. Issue I.C., "Emergency Management", impacts: . Objectives 3,8, and 12 ofthe Future Land Use Element, and policies thereunder, as they address strategies to ensure the availability of services and infrastructure to accommodate new development and redevelopment, procedures to amend the Comprehensive Plan, and maintaining hurricane evacuation clearance times of 12 hours or less; · Objective I of the Transportation Element, and policies thereunder, as they addresses the maintenance of a safe, convenient, and energy efficient multi-modal transportation system, and roadway and transit level of service standards; Element in its entirety; · Infrastructure Goal 2, Objective I of the Infrastructure Element, and policies thereunder, as they address stormwater drainage level of service standards, and flood protection; . Aquifer Recharge Goal, Objective I of the Infrastructure Element, and policies thereunder, as they address aquifer recharge areas and protection of the City's natural drainage features; · Policy 1.5 of the Capital Improvements Element, as it calls for the establishment of a multi-purpose public facility in the north portion of the City to be used as a park that can also be used as a staging area in the event of a natural disaster; . Objectives 2 and 3 of the Capital Improvements Element, and policies thereunder, as they address strategies to ensure the availability of services and infrastructure to accommodate new development and redevelopment; · Objectives I and 3 of the Intergovernmental Coordination Element, and policies thereunder, address joint land use planning with other jurisdictions. . Objective 4 of the Intergovernmental Coordination Element, and policies thereunder, as they address coordination with other jurisdictions on emergency management and the provision of timely and adequate shelter; · Coastal Management Goal Objectives 2 and 5 of the Conservation and Coastal Management Element, and policies thereunder, as they address the stormwater drainage and coastal wildlife habitat; · Objectives 9, 10 and II of the Conservation and Coastal Management Element, and policies thereunder, as they address maintaining hurricane evacuation clearance times of 12 hours or less, emergency management, and post-disaster recovery strategies, and; · Conservation Goal Objective 6 and policies thereunder because they address flood protection and stormwater drainage. Specific recommendations to amend the Comprehensive Plan to address the issue of development and redevelopment are as follows. 51 City of A ventura 2005 Evaluation and Appraisal Report a. Future Laud Use Element Recommendation II.C.I. Objective 3 states that decisions regarding the location, extent and intensity of future land uses in the City will be based on environmental conditions and level of service standards. It is recommended that that this Objective be amended to add "and the ability to maintain the hurricane evacuation clearance times of 12 hours or less" after "conditions", Recommendation II.C.2. Policy 8.2 specifies the criteria by which applications to amend the Comprehensive Plan shall be evaluated. It is recommended that "impacts on the City's ability to maintain the hurricane evacuation clearance times of 12 hours or less" be added to the list of criteria. Recommendation II.C.3. Objective 12 states that the City shall coordinate its coastal planning area population densities with the South Florida Regional Planning Council and Miami-Dade County Office of Emergency Management. It is recommended that this Objective be amended to state that the City shall coordinate its coastal planning area population densities with the South Florida Regional Planning Council, Miami-Dade County Office of Emergency Management, and adjacent jurisdictions. Recommendation II.C.4. Policy 12.1 states that all proposed Comprehensive Plan amendments that increase population density shall be analyzed for impacts on hurricane evacuation routes and times included in the 1996 South Florida Regional Hurricane Evacuation Study. It is recommended that this Policy be revised to state that the proposed Comprehensive Plan amendments that increase population density shall be analyzed for impacts on hurricane evacuation routes and times based on the best and most recent available South Florida Regional Planning Council data regarding hurricane evacuation clearance times in the City. Recommendation II.C.5. It is recommended that a new Policy be added under Objective 12 stating that by 2007, the City shall coordinate with the appropriate agencies to ensure that updated data and methodologies are being utilized in hurricane evacuation clearance time formulas, and encourage the use of consistent evacuation clearance time standards by northeast Miami-Dade County municipalities. b. Intergovernmental Coordination Element Recommendation II.C.6. Objective 4 states that the City will ensure adequate and timely shelter within the region for residents of evacuation areas. It is recommended that this Objective be revised to state that the City will coordinate with the appropriate agencies to implement strategies to maintain hurricane evacuation clearance times to 12 hours of less, ensure that updated data and methodologies are being utilized in hurricane evacuation clearance time formulas, and ensure adequate and timely evacuation routes and shelter within the region for residents of evacuation areas. 52 City of A ventura 2005 Evaluation and Appraisal Report Recommendation D.C.7. It is recommended that a new Policy be added under Objective 4 stating that the City shall coordinate with the appropriate agencies to ensure that updated data and methodologies are being utilized in hurricane evacuation clearance time formulas, and encourage the use of consistent evacuation clearance time standards by northeast Miami-Dade County municipalities. d. Conservation and Coastal Management Element Recommendation D.C.S. Objective 10 and policies 10.1 through 10.20 address the City's post-disaster redevelopment plan. It is recommended that Objective 10 be amended to state that the City shall implement pre- and post-emergency procedures in accordance with its adopted Emergency Procedures Manual, as it is amended from time to time. The policies thereunder should be replaced by policies that reflect the currently adopted plan and procedures, as outlined in this Chapter. 53 City of A ventura 2005 Evaluation and Appraisal Report 11.0. TRANSPORTATION 1. Issue Description and Analysis a. City of Aventura Transportation System The City of Aventura is located within Miami-Dade County's Vrban Infill Area (VIA), which is designated as a Transportation Concurrency Exception Area, and is exempt from transportation concurrency requirements. The City has therefore not had to delay or prohibit development or redevelopment due to transportation concurrency issues between 1995 and 2005. The City's adopted Level of Service standards for transportation are: a minimum peak period LOS of E on State and City roads where no public mass transit exists; where mass transit having headways of 20 minutes or less is provided, roadways shall operate at no greater than 120 percent of their capacity, and; where extraordinary transit service such as commuter rail or express bus service exists, parallel roadways within y, mile shall operate at no greater than 150 percent of their capacity. An express bus service is provided in the City between Aventura Mall and Golden Glades, and along Biscayne Boulevard. The Level of Service standards for roadways are based on the following definitions: . LOS A - free flow traffic operations at average travel speeds; · LOS B - stable flow with other users in traffic stream; · LOS C - uncongested with other users causing significant interactions; . LOS D - congested stable flow with major delays; · LOS E - very congested with traffic at or near capacity, and; · LOS F - extremely congested with breakdown flows. In orderto determine the current levels of service on roadways in Aventura, level of service information was taken from the Miami Dade County MPO 2030 Long Rang Transportation Plan, which is the official transportation planning document for Miami-Dade County. It specifies all transportation projects to be planned, designed or constructed within this time horizon. It utilizes a complex modeling structure which integrates the most recent Census data and traffic information. It then distributes and projects trips, volumes and levels of service in the future. A new LRTP is developed every five years. This becomes the basis for determining and prioritizing transportation needs. To be eligible for federal dollars, projects must first be part ofthis plan. Information indicates that at the time of the counts: Ives Dairy Road was operating at LOS F, William Lehman Causeway was operating at LOS B, Biscayne Boulevard was operating at LOS F, and Country Club Drive, Aventura Boulevard, Waterways Boulevard, and NE 34th Avenue, were all operating at LOS B or better. Overall, this examination determined that there is capacity remaining on the roadway network (nearly an extra travel lane's worth, or 2,000 trips). Nonetheless, based on the most recent available data, the City is not meeting its roadway Level of Service standards on Biscayne Boulevard or Ives Dairy Road. 54 City of A ventura 2005 Evaluation and Appraisal Report Figure II.D.l shows the projected levels of service on the city's roadways during the planning period. As can be seen, it is projected that by 2030: William Lehman Causeway will be operating at LOS B; Aventura Boulevard will be at LOS D, and; Country Club Drive will be mainly at LOS E, with the links approaching the William Lehman Causeway at LOS F. NE 34th Avenue will be at LOS F and Waterways Boulevard will be at LOS E. Ives Dairy Road and Biscayne Boulevard will continue to operate at LOS F. Therefore, it is projected that the City will not be meeting its roadway Level of Service standards for portions of Country Club Drive, Ives Dairy Road, or Biscayne Boulevard in 2030. The City's existing transportation system is comprised of more than roadways. Mass transit service in the City is provided by the Miami-Dade Transit Authority through express and regular bus service (Figure II.D.2)23, and by the City of Aventura through its internal shuttle bus service (Figure II.D.3). The City of Aventura's shuttlebus service boasts an average monthly ridership of 9,000, and has had a total ridership of 457,138 since its inception in 199924. Bicycles and pedestrian paths/sidewalks are another important component of the City's transportation system. The City provides sidewalks along most major roadways, and major bicycle and pedestrian paths along Country Club Drive around the Turnberry Golf Course and along NE 187 Street. In addition, there are many waterways in the City that provide opportunities for recreational boating. Although there is no water taxi service in the City at present, it might be explored as a future option for trips within the City, and between the City and other waterfront locales. 23 Miami-Dade Transit Authority, 2005 24 City of Aventura Shull/ebus Ridership Summary, January /999 to Present, City of Aventura Community Services Department, 2005 55 City of Aventura 2005 Evaluation and Appraisal Report figure 11.0.1. City of Aventura Roadway Levels of Service-2030 MASSINI 213TH 212TH 212TH ~ l:l < "~::o 11l'1y<' 'Jt 0 <lOr, 'J-/y 210TH H ~ CJl 3<II/D .... POINT I/>&" '" ~ :::\ :I: JIB MARINER .... ~ ~ :I: WATERWAYS\:; '" .... CJl 208TH ;;; 207TH '" 206TH ~ 20STH 207TH OJ ~ ~ ~ 8 c: ~ ~ () r- c: '" D~ I?,s- J:., DElVISTA ~ ~ ~ :.l ..-lI ~ ~ -s. l: .... en '" OJ ~ 1915T 190TH HIDDEN BAY l: t;; 188TH N 18TTH OJ 18STH ~ 184TH :I: 183RD WilliAMS ISLAND ~ ~ Legend Peak Hour Level-of-Service POINT EAsT LOS A LOSS LOSC - LOS D LOS E - LOS F Railroad Street _ Miami-Dade County c::J Sroward County c::J City of Aventura City of A ventura Evaluation and Appraisal Report Figure 11.0.2. MDT A Bus Routes (2005) Miami-Dade Transit: Metrobus Routes & Metrorail Alignment ~~-------~~-~~~-~~ i: ~ I '-"1 ;111 I : ~-~~~~ i _ i : r~l~:i:..~~~.t::.::.-::-:--:.~~~;....::;.;:::.-'S~iJd 1 il';: .____....m__m.m....=____n. .. . . --. . . "". .' I *.'.1 I. ,I: c ~f:~~'/~f:,\~Li;~:i~~!:~~i:.:';.~;i4.tl . ':.....:: - .. "., LiF' ',..:-~,.~;J[.....----= .- '1-,. -.",' : 'f"+''1' '1 o."'-..J. ,..,V ,;;;T. c'. I: :;:: Jr\,I~~..:;'1:'-""4. -;:-! = . . -:---~. -. ':~. . f i;>1 : ::i.'::., ~-.~~4-': c. >-m I .1:~ _-=.. c:: t ,- ' .~. i ! .' ~,!-.",~;-"'Q I: ...... ~..:.:... , , I ~r', I: "u' .'! " , I.".. ' ",,,,'L._. n ,-:t..~ .,- n{- ~-=-". ~..I ' ::11-::.. ~. .! ,t\-r:~' -~~}.L.'--' ,-~: e.. -1. -=-,,7 "".1: .... " -_.,:,~ I" ....."..;;;.... '1-=.. -'" "'=".',1 I. ... \"., -... ";;;, . 1. -.-., ,-..:-.M:' : ''''. :' / .::::11' ,... I l' ;::. \~'-'(.(~ ...! 1 . ~ L...-.l.--._.__._...,:..:.~....r""~'l .~, i", ~1.: ~ < l~! ~. .... j,~) ~ ,..! .! _:~~ ~(J;T'/1. ~. I >~'. ' I' ;:': 1,7'= .'4!?'~~~ ,~jl{:~?",~, I I ~.. T'~ -~,= .~~~ .,'. .-. I ,I: ....,..: ,L:"t~:.:"';-::i ij";';';uIJ'~;;'1 '1 _. '. _. " . "=i"~.; ~_ -. I I :F:'. .;--;Z;[ '.;;:"~~~_.~~~~'~;t~.~ii~i ' I I --,.... J '~-J !--) ,=~ ~~...L~.~~~J:~~.,i.~~:~."'Ji:, ::~. - ~ .:' ~ ", I I :.::!:: ~Jl:} -l('_- -[L~ ~!'l. ._~~i!~~J!;t-;~::/' I .. --.:1 ' -- ii"~ ,-' . t!-~, ,.,',. .'. __, ;1 :_~.;:. J 'T:F:.-::-: -..-,~ ,i"~~:'~~/"_:":';g_'_" c', " I :::::. [3= :", i:...:..-' ." ,.-.';;' ~";~"--"':',".-,-, I 11--ai:: : I I: ....... --! -- I' -. ,..r- '" ,::",,>-,,),;-:' .~~ .:", ,./~j".~,,\. I I:':':::: t \! 18 '-l".lr:_1~;-~,j ';":'."'~>' '] I' ~~ill' "ll~i~}JJ'~ ~ ~.~i~~-.;~:p'~~::~~, ':&~;;ftj /.::,1 l-~ "l.LI~~~!;)t'~ li~~~~hli ~JI I ,,9:___-i!'!.' ,_ _"7:1]\:; '''~'>,l' ,- .j, " - "'?2;>')'~'1 ~ r. "J ""=' "". -",'~i" I i..,-, 'fJ(~~1~>-: :~C'f~i"i""jJi;,~21 I __i ____:;~~:,~~~'...:.,,-- -; ''';1':::,:;;;:;::,Ct. I .oj .;;IC:' :.~;~c.j ':-_:,m____ .___ :=::.. ~2:~: j'~=;: I I ::' t:t.:".,':.T ..::-~ - ,~~~" ~~i':;.' ~f~~ I I '" ". "'" .--- ----, '''':~''. I ' , . .~,:-- "=::::. "=-~;--:_. '::;::."'::::::;- ..--.~:~:. ~....:;;;'\ ,_., A_~""" :==':"'~ :=="':"':=:::::-:' ':='-::-- ,__.. ~~~~~~_~~~~~'.~.~'~~~'~~'~d ~- SI'lQIf._-':!If'Jl -- --_.pflnR!.l II ~___ ___:m-T/Il-JUl SJS~ .:m6>>UlIl ~_ (Jo._p MIA" ~~::w~=::,._ ---::.:-:,: TTr_l___d-.J_____ .lO'j.:lf;J.!.$ __tsoIIIr_, ~IW" ~ 57 City of A ventura Evaluation and Appraisal Report Figure II.O.3 City of A ventura Shuttlebus Routes I.IA/II. (OlINT) [r;:~- C) "I,~'j ) \-, i: :~1. C. if ~I-[!'I "\ '. . Ij' / ! j, I' " ( " . v .'lr;-......,... 'Ii ....." !i~~1 . : i~~ . e - - . Blue Route C ....... Green Route _ --.Red Route . Yellow Route 58 City of A ventura 2005 Evaluation and Appraisal Report b. Transportation Challenges and Opportunities A number of issues combine in A ventura to make planning for transportation a challenge. These include the City's geographic location, in the northeast quadrant of the county, near the barrier islands and ocean. This location specifically, and the region as a whole, is one of the most desirable locations in the nation. Intensification of land uses and limited capacity present issues to the transportation network. It is clear that the City's existing and future residents need better and more diverse mobility options. As noted earlier, Aventura is in a Transportation Concurrency Exception Area, (TCEA). As practiced to this date, there are essentially no checks and balances on development in regards to transportation under this system. [n May 2005, the State of Florida amended Section [63.3180, F.S. to require that local governments include provisions in their Comprehensive Plan to support and fund mobility within Transportation Concurrency Exception Areas, and demonstrate how mobility will be provided in these areas. The new legislation further requires that by July 2006, local governments evaluate the impact of the Transportation Concurrency Exception Area on its transportation system, the Strategic [ntermodal Transportation System, and adopted level of service standards of roadways funded in accordance with Section 339.28[9, F.S., and identify strategies to alleviate or mitigate such impacts. [n accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted to assess the impact on level of service standards. The City shall coordinate with FOOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. [f impacts are found, the local government and FOOT must work together to mitigate those impacts. By December 1, 2006 a method for assessing proportionate fuir- share mitigation options must be adopted, in accordance with a model ordinance that will be developed by FOOT on or before December 1,2005. Proof that cities participating in this type of system are enhancing alternative modes of transportation, fostering mobility and ensuring connectivity will also be required. In addition, by 2006 the City shall maintain records to determine whether the 110% de minimus transportation impact threshold has been reached, and shall submit such documentation as part of its annual updates to the Capital Improvements Schedule, which shall be incorporated into the Comprehensive Plan by amendment. It is anticipated that this legislation will significantly change the impact of the TCEAs, as proposed development in these areas will be subject to a more stringent review of its impacts on the transportation system and levels of service. Transportation and mobility in A ventura may be best served initially by the recommended amendments to the City's land development regulations. It is recommended that at the same time, Transportation Concurrency Exception Areas should be maintained under the 2005 legislation, until such time that the City feels this level of care is inadequate. [fthis occurs, the City should explore the implementation of more impactful transportation management tools. [n addition it is recommended that the City mitigate impacts to the 59 City of A ventura 2005 Evaluation and Appraisal Report transportation system by developing an impact fee charged to developers, which would fund alternative modes oftransportation. It has been noted that there are few if any opportunities to expand the physical capacity of the roadway network in A ventura. Capacity and mobility improvements will therefore occur through alternative means. In order to more closely assure that mobility is maintained in the City as development occurs, the City should examine the implementation of impact fees to fund the operations and maintenance ofthe Aventura Circulator. 25 Florida Department a/Transportation and Miamj.Dade County Traffic Count Sla/ions Report, May 4, 2004 26 27 Miami-Dade Transit Authority, 2005 28 City of Aventura Shut/lebus Ridership Summary. January 1999/0 Present, City of Aventura Community Services Department, 2005 60 City of A ventura 2005 Evaluation and Appraisal Report c. Transportation Funding Funding for transportation projects comes from federal, State and local sources. Most major projects are funded from federal funds distributed by the MPO. The MPO also issues several municipal grants each year. The primary source of transportation funding for cities in Miami Dade County is from the People's Transportation Plan, the halfpenny sales tax passed in 2002. Twenty percent of total tax dollars are distributed to the municipalities. A ventura receives approximately $800,000 per year, of which 20% or $160,000 is to be spent on transit activities. The following is a description of the transportation funding process. i. Federal The federal government collects 24.4 cents per gallon on diesel and 18.4 cents per gallon on gasoline to fund federal transportation projects. Of the amount collected, 2.86 cents goes to transit, one cent goes to cleaning up leaking tanks, and the remainder goes to roads and bridges. Federal transportation funds are currently authorized under the TEA-21 legislation. The program actually expired in 2003, but is operating under a continuing resolution due to the inability of Congress to pass a new transportation authorization bill. Many of the Federal programs are available only to State transportation departments, which are in turn passed on to County's and local governments. TEA-21 funds are distributed between transit, highway, and safety projects. ii. State The State of Florida collects 10.1 cents per gallon on fuel (diesel and gasoline), that the Florida Department of Transportation (FDOT) retains. Fifteen percent (15%) of that money goes to transit and the remainder goes to any legitimate State transportation need. The State also collects 4.6 cents on gasoline and 5.6 cents on diesel under the SCETS (State Comprehensive Enhanced Transportation System) tax, which must be spent in the district that it is collected. iii. Local The State also collects fuel tax money that is distributed directly back to counties and local governments. Two (2) cents are collected as the Constitutional Fuel Tax which can go only to the acquisition, construction, and maintenance of roads. The County fuel tax collects an additional one (1) cent that can be spent for any legitimate County transportation purpose, and municipalities collect another one (1) cent that can be spent on any legitimate municipal transportation purpose. Counties can elect to collect one more cent through what is referred to as the ninth-cent fuel tax, and between five (5) cents and 11 cents under the Local Option Gas Tax. The ninth cent and the local option gas tax go back to the local jurisdiction to meet local transportation needs. 61 City of A ventura 2005 Evaluation and Appraisal Report An additional source of local transportation funds comes from the Charter County Transportation System Surtax which allows transit counties to collect between .5% and 1% sales tax on gasoline to be spent on transit programs. These funds must provide for the distribution of some funds back to the municipalities. Miami-Dade County collects .5 cent sales tax on gasoline. The only local transportation money that is not collected from gasoline taxes resulted from Miami-Dade County's November 2002 passage ofa halfpenny sales tax on merchandise to develop the People's Transportation Plan. The legislation requires that 20% ofthe sales tax money be distributed to the municipalities for their use for transportation related expenditures. This money is redistributed to the municipalities based upon an annual population estimate. Twenty percent of the surtax proceeds are distributed to those cities existing as of November 5, 2002. Surtax proceeds are distributed among existing cities on a pro rata basis based on the ratio ofa city's population to the total of all City populations, as adjusted annually. Newly incorporated cities have the right to negotiate with the County for a pro rata share of the surtax. Cities must apply 20% of their funds to transit uses such as circulators, bus shelters, and bus pull outs. In 2003, the County collected $175 million dollars, of which $35 million was distributed to the cities for transportation. The ordinance that enacted the Y, cent sales tax identified a number of transportation and transit projects to be funded through the tax, including the Northeast Corridor, a l3.6-mile MetroRail corridor that will extend from downtown Miami to NE 215 Street, generally along the Biscayne Blvd.IUS I Corridor and Florida East Coast railroad right-of-way. It should be noted that current revenues that the City receives for transportation fund only capital improvements, and do not fund operation and maintenance. It is therefore recommended that the City enact impact fees and other mechanisms in order to provide for such funding, improve transportation levels of service, and expand the mobility options of existing and future residents. 62 City of A ventura 2005 Evaluation and Appraisal Report 2. Social, Economic and Environmental Impacts Section 163.3191(2)(e), F.S., requires that the potential social, economic, and environmental impacts of the identified major issues be addressed in the EAR. The social, economic and environmental impacts of Issue 1.0., "Transportation". are addressed as follows. Although the City of Aventura has a multimodal transportation system, its existing transportation system is primarily oriented to the automobile. There are a number of persons and households, however, who do not have regular access to an automobile, and who therefore have difficulty accessing employment, recreation and other services (transportation disadvantaged). Unfortunately, the transportation disadvantaged also tend to be members of special needs groups (i.e. the elderly, the disabled) with the greatest need for services. The resulting cycle exacerbates the very factors that contributed to their disadvantages in the first place. The provision of an increased range of mobility alternatives will therefore increase the access of transportation disadvantaged persons and households to employment and services, with associated positive economic and social benefits. The provision of an improved multi-modal transportation system will have a number of other positive economic benefits. Employers benefit by the improved access of existing and potential employees to the workplace, and businesses benefit from being more accessible to their customer base. Moreover, a good transportation system can be a key factor in attracting new employers and businesses to the area. Automobiles have a number of negative environmental impacts, including traffic congestion, air pollution, and energy consumption. The provision of alternatives to the automobile for local and regional trips lessens these negative environmental impacts. Moreover, mobility alternatives are perhaps the most important factors in reducing urban sprawl, and fostering more efficient land use patterns and reduced land consumption. 63 City of A ventura 2005 Evaluation and Appraisal Report 3. Comprehensive Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identify, where appropriate, unforeseen or unanticipated changes in circumstances which have resulted in problems or opportunities with respect to the major issues. Issue 1.0., "Transportation", impacts: . Objectives 3 and 8 ofthe Future Land Use Element, and policies thereunder, as they address strategies to ensure the availability of services and infrastructure to accommodate new development and redevelopment and procedures to amend the Comprehensive Plan; . The Transportation Element in its entirety; . Objectives 2 and 3 of the Capital Improvements Element, and policies thereunder, as they address strategies to ensure the availability of services and infrastructure to accommodate new development and redevelopment, and; . Policy 1.6 of the Intergovernmental Coordination Element is impacted because it calls for the establishment of a coordinated regional transit system for the transportation disadvantaged. Specific recommendations to amend the Comprehensive Plan to address the issue of transportation are as follows: a. Transportation Element Recommendation II.D.l. Add a new Objective to the Transportation Element stating that by 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City to ensure that new development enhances mobility options and that redevelopment does not further degrade transportation levels of service. Recommendation II.D.2. Add a new Policy under Objective I stating that beginning in 2006, the City of Aventura shall annually evaluate the impact of the Transportation Concurrency Exception Area on its transportation system, the Strategic Intermodal Transportation System, and adopted level of service standards of roadways funded in accordance with Section 339.2819, F.S., and identify strategies to alleviate or mitigate such impacts. In accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted in the evaluation of such impacts. The City shall coordinate with FOOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. If it is determined that the Transportation Concurrency Exception Area is no longer adequate, the City shall explore the implementation of more impactful transportation management tools. Recommendation II.D.3. Add a new Policy under Objective I of the Transportation Element stating that the City will continue to identify projects to support and fund mobility, enhance alternative modes of transportation, and ensure connectivity in its Capital Improvements Program in accordance with Section 163.3180, F.S. 64 City of A ventura 2005 Evaluation and Appraisal Report Recommendation II.D.4. Add a new Policy under Objective 1 stating that beginning in 2006, the City shall evaluate the impacts of proposed development and redevelopment on its transportation system, Strategic Intermodal System facilities, and the adopted level of service standards of transportation facilities that are funded in accordance with Section 339.2812, F.S., and identiJY strategies to alleviate or mitigate such impacts in coordination with the developer and other agencies as appropriate. In accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted to assess the impact of a proposed development on level of service standards. The City shall coordinate with FOOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. Recommendation II.D.s. Add a new Policy under Objective I stating that by 2007 the City will develop impacts lees and other methods by which developers can mitigate impacts to the transportation system by contributing funds for alternative modes of transportation, particularly the expansion, operation and maintenance of the Circulator System. Recommendation II.D.6. Add a new Policy under Objective I stating that the City shall adopt a method for assessing proportionate fair-share transportation impact mitigation options, in accordance with a model ordinance that will be developed by FOOT. Recommendation II.D.7. Add a new Policy under Objective I stating that the City shall maintain records to determine whether the 110% de minimus transportation impact threshold has been reached, and shall submit such documentation as part of its annual updates to the Capital Improvements Schedule, which shall be incorporated into the Comprehensive Plan by amendment. 65 City of A ventura 2005 Evaluation and Appraisal Report II.E. QUALITY OF LIFE 1. Issue Description and Analysis The City of Aventura is well-known for the excellent quality of life that it provides to its residents and visitors. The City's high quality of development, world-class shopping and entertainment venues, waterfront location, and public and private recreational offerings have made it one of the most desirable locales in South Florida for residents and businesses. Due to on-going development pressures and competing needs, however, the City is challenged to maintain and improve the high quality of life it offers to current and future residents, businesses, and visitors. Steps must be taken to continue to maintain and improve its quality of life in the fuce of these pressures. Maintaining and improving levels of services for key facilities and services is integral to maintaining the City's quality of life. Some of these services, such as recreation and open space and public safety, are within the purview of the City and its administration. Other services such as public schools, libraries, and fife-rescue are provided in the City by other agencies such as Miami-Dade County and Miami-Dade County Public Schools. The City must increase coordination efforts with these entities in order to ensure that its quality of life is maintained and enhanced. 66 City of A ventura 2005 Evaluation and Appraisal Report a. Recreation and Open Space The City of A ventura's adopted Level of Service standard for recreation and open space is 2.75 acres of net usable park land per 1,000 residents. Based on its 2000 population of 25,267, the City must therefore provide 69.48 acres of recreation open space in order to meet its Level of Service standard. The City estimates that its 2005 population is 28,200 residents, requiring 77.55 acres of recreation and open space. As noted on Table II.A.2., the City has 257.07 acres of recreation open space identified on its Future Land Use Plan Map, including public and private open space. In order to determine the amount of recreation and open space that is available for use by residents for concurrency purposes, the City counts public parks at 100 percent, private recreation facilities at 50 percent, and marinas and golf course at 25 percent. Based on this formula, the City's existing recreation and open space acreage is 114. The City is therefore exceeding its recreation and open space Level of Service standard by 38.4 acres. Table III.E.I. below identified the City's public and private recreation and open space by type and acreage. Table II.E.!. Recreation and Onen Snace Inventory TVDe Name Acrea..e Aonlicable Acrea..e Community/Public Country Club Drive 5 5 Exercise/Walking Path Community/Public Arthur I. Snyder 3.5 3.5 Memorial Park Neil!hborhoodlPublic Veterans Park 2 2 NeighborhoodlPublic Waterwavs Park 7 7 NeighborhoodlPublic A ventura Founders 11 II Park Total Public 29 29 Recreation/Private 63.61 31.81 MarinalPrivate 9.40 2.35 Golf Courses 203.17 50.79 Total Private 276.18 84.95 Total 305.18 113.95 As can be seen on Table II.E.1. above, the City currently has 29 acres of recreation and open space in six public parks. These parks are shown on Figure [I.E.I. Current park projects include development and expansion of Waterways Park, improvements to Founders Park, and Country Club tennis court improvements. The City has earmarked $4,835,006 for these projects in FY 2005/06 and FY 2006/07.29 29 City of Avenlllra Capita/Improvements Program 2005 - 2010 67 City of A ventura 2005 Evaluation and Appraisal Report In order to ensure that new development and redevelopment pays its fuir share for recreation and open space, the City collects a Parks Impact Fee as per Article IV., Division 5 of its Code of Ordinances. Under these requirements, residential developers must pay $1,352.00 per new detached single family unit, $1,352.00 per new attached single family unit, and $690.00 per new multi-family unit. These impact fees are earmarked for capital improvements and expansions to the City's park system through the Park Development Fund. In FY 2005/06 the City budgeted $1,000,000 in park impact fees for park development and improvement projects. In addition, the City negotiates with private developers to provide recreation and open space in the City. For example, the City acquired a 2 acre parcel from the developer of the Peninsula Condominium project for recreation and open space. This parcel is now known as Veterans' Park and consists of a children's playground and dog park. Maintaining public access to the City's waterfront is another important component of meeting the recreational needs of existing and future residents. The City owns waterfront acreage in Founders Park, Waterways Park, the NE 188 Street shoreline, and on the northern perimeter of Little Maule Lake. These sites are shown on Figure II.E.2. Beautification programs are another important component of maintaining and improving quality of life in the City. In December 1996 the City Commission initiated the Citywide Beautification Program in order to landscape medians, rights-of-way and public spaces throughout the City. This program has been key to maintaining and improving the City's built environment. A total of $577,000 is earmarked for City beautification programs in FY 2005/06 and FY 2006/0730. 30 City of Aventura Capita/Improvements Program 2005 ~ 2010 68 City of Aventura 2005 Evaluation and Appraisal Report Figure II.E.l. City of Aventura Public Waterways Park ACH :\ OJ ). ar ::. g: o o .. III ::. Legend 6 Public Park Major Road c:::::J - c:::::J City of Aventura Miami-Dade County Broward County City of Aventura 2005 Evaluation and Appraisal Report Figure II.E.2. Ci Public Waterfront 203 ST 1915T 213TH ST ~. .>: J f!! '" w ~ ;:\ >/0- ~~\O."1\l1'l' 61' 8 c ~ ~ (") r- C OJ o ;ll 185ST . 183ST ~.. --- - P9rNT EAST FEe Railroad /#' # Legend Ii"'.i.l Public Waterfront Access Site Water Street Railroad D City of Aventura _ Miami-Dade County D Broward County City of A ventura 2005 Evaluation and Appraisal Report b. Public Schools The City of Aventura, like jurisdictions throughout Florida, is fuced with a number of challenges regarding public schools. The City's population has increased as a result of continued development and redevelopment, and this growth has increased demand for new or expanded school facilities. A number of the County's school facilities are overcrowded, and new schools cannot be provided quickly enough to meet the demand for new student stations. Moreover, the City has few remaining vacant and developable parcels, which limits the availability of land for new school construction. The City of Aventura is currently served by two elementary schools, one middle school, and one senior high school. Table I1.E.2. identifies these schools, and shows their 2004 enrollment, Class Size Reduction Capacity, and current utilization rates. Utilization rates are calculated by Miami-Dade County Public Schools by dividing enrollment by class size reduction capacity. If the utilization rate ofa school exceeds 100 percent, it is considered to be overcrowded. As can be seen on Table 1lI.E.2., the four public schools serving the City are overcrowded. Table II.E.2. City of Aventura 2004 Student Enrollment and School Conditions31 School Name 2004 Enrollment Class Size Utilization Rate Reduction Canacitv Virginia Boone/ 941 760 124% Highland Oaks Elem. Oius Elem. 885 465 190% Highland Oaks 2,557 1,197 214% Middle Dr. Michael M. 3,759 2,313 163% Krop Senior High A ventura City of 600 nla nla Excellence Charter Schoo I In 1996, the State of Florida enacted legislation that provided for the creation of charter schools, non-profit corporations that are typically operated by a group of parents, teachers, an organization, a municipality, universities, and/or a combination of more than one group. There are many reasons to establish a charter school but as outlined in the Board Rule the major reasons are: to improve student learning, to increase learning opportunities for all students with special emphasis on expanded learning experiences for academically low achieving students; to encourage use of innovative learning methods; to increase choices of learning opportunities for students; to establish a new form of accountability for schools; to require the measurement of learning outcomes and create innovative measurement tools; to 1I Miami-Dade Public 5OOools, 2005 71 City of A ventura 2005 Evaluation and Appraisal Report make the school the unit for improvement; and to create new professional opportunities for 32 teachers. A charter school is bound by the requirements of Sections 228.056, 230.22 and .23, Florida Statutes and Miami-Dade County School Board Rule 6Gx13.6A.1.47 and must be reviewed and approved by the School Board. They are also fully recognized public schools. On August 25, 2003, the Aventura City of Excellence Charter School opened as the first municipally sponsored charter school in Miami-Dade County. Located at 3333 NE 188 Street, the A ventura City of Excellence Charter School serves up to 600 students between kindergarten and fifth grade. In its short history the school has become an important component of the community, and a source of great civic pride. Its success is evidenced by a return rate of over 99 percent and A rating. The school operates as a City Department, and its Principal reports to the City Manager. The school demonstrates the City's commitment to ensuring the quality of life of existing and future residents. The City is currently expanding the A ventura City of Excellence Charter School to serve 6"h grade students by 2005, 7'h grade students by 2006, and 8"h grade students by 2007 increasing the student capac ity to 900. In May 2005, the State of Florida amended its growth management statutes to require that local governments establish and enforce concurrency requirements for public schools and adopt public school facilities elements into their comprehensive plans. According to the new requirements, the public school IiIcilities element and concurrency requirements must be adopted by no later than December I, 2008 on a phased schedule to be established by the Florida Department of Community Affairs. As demonstrated on Table II.E.2. above, the public schools serving the City of A ventura are all overcrowded, with the exception of the A ventura City of Excellence Charter School. The new school concurrency requirements may therefore have implications for future development and redevelopment in the City. The City will monitor the interpretation and implementation of the new requirements, and coordinate with the State, Miami-Dade County Public Schools, regional and County agencies, and other jurisdictions to address the new requirements and adopt the Public School Facilities Element into its Comprehensive Plan in accordance with the established schedule. As of the date of this report, however, it is unclear how the new requirements will be applied and implemented. 32 The School Board of Miami-Dade County, Florida Board Rules 72 City of A ventura 2005 Evaluation and Appraisal Report c. Public Safety Ensuring the heahh and safety of residents and visitors is another important component in maintaining and improving quality of life. Between 1997 and 2005 the number of sworn police officers in the City of Aventura increased from 49 to 76. The City's crime rate has decreased rapidly during that period, as is demonstrated on Table II.E.3. below. Table II.E.3. City of Aventura Crime Rate, 1998 - 2005 Year Total Crimes Ponulation Crime Rate 010 Cbanpe 1998 3,339 20,349 16,408.7 0 1999 3,058 22,800 13,412.3 -18.3% 2000 3,157 25,267 12,494.6 -6.8% 2001 2,672 25,903 10,315.4 -17.4% 2002 2,335 26,142 8,832 -13.4% 2003 2,260 27,241 8,296.3 -7.1% 2004 1,850 28,202 6,559.8 -20,9% Source: City of A ventura 2004 Annual Report In order to maintain and improve the quality of its police services, and ensure that new development pays its fuir share for increased police services that will be necessitated by such development, the City collects a Police Fee as per Article IV., Division 5 of its Code of Ordinances. Under these requirements, developers must pay $96.47 per residential unit and $.140 per square foot of non-residential development. Between FY 05 and FY 10, it is projected that the police impact fee will generate revenues of $531 ,000. These funds are earmarked for capital outlay items such as new equipment necessitated by increased demand. Fire rescue service in the City of A ventura is provided by the Miami-Dade County Fire Rescue Department. The City coordinates with the County in order to maintain and improve the quality of fire rescues service that it provides to the City and its residents. The average fire rescue response time in Miami-Dade County is currently estimated to be between eight and nine minutes. The average response time in the City is six to eight minutes.33 l3 City of A ventura, Emergency Services Response, City Commission Workshop Agenda, April 21, 2005 73 City of A ventura 2005 Evaluation and Appraisal Report d. Historic, Archeological, and Cultural Resources The preservation of significant, historic, archeological, and cultural resources is another important component in ensuring the quality of life of existing and future residents. The City has no historically, architecturally or archaeologically significant sites designated at present. Although the City finds it unlikely that any of its structures or sites would qualify for designation, a cultural resource assessment survey should be completed in conjunction with the Miami-Dade County Office of Historic Preservation and Florida Department of State in order to confirm that there are no significant historically, architecturally, or archaeologically-significant sites within its jurisdiction. Such a survey has not been completed to date due to the myriad challenges associated with establishing a new City, and the obvious lack of concentrations of historic, architectural, and archaeological resources. Nonetheless, the City should complete the afore-mentioned assessment within the planning period in order to ensure compliance with State and local requirements. 74 City of A ventura 2005 Evaluation and Appraisal Report 2. Social, Economic and Environmental Impacts Section 163.3191(2)(e), F.S., requires that the potential social, economic, and environmental impacts of the identified major issues be addressed in the EAR. The social, economic and environmental impacts of Issue IE., "Quality of Life", are addressed as follows. The provision of recreation open space has numerous positive social benefits for the community. By providing a venue for physical activities, parks can result in a healthier population, with positive public health implications. Moreover, parks provide an outlet for positive social interaction and activity, which can ease the boredom and isolation that leads to crime and other social problems. Parks are particularly important as a social and recreational outlet for youths and special needs populations. The effective provision of such services as schools, police, and fire-rescue has great impacts on the public health, safety, and welfare, and to the social fabric of the community. The City has demonstrated its commitment to improving the delivery of these services through the charter school, increased police force, and other initiatives. Moreover, the City will continue to work cooperatively with agencies having jurisdiction within the City, or sharing common interests with the City, to improve the delivery of services such as public schools and fll"e-rescue. From an economic standpoint, a well-developed and maintained park system, quality public schools, and strong public safety programs are important tools in attracting new businesses and residents to the City. Parks and public safety programs are key to crime reduction and improved public health, lessening the negative economic impacts of crime and rising health care costs. Quality schools are key to the economy by providing existing and future residents with the tools necessary for economic self-sufficiency and advancement, and employers with an educated and skilled workforce. Although there is a public cost to providing these services, these costs are mitigated by these factors. Parks also have numerous positive environmental impacts. The City is experiencing rapid growth, and is substantially built out. Parks provide urban relief in a built environment. Moreover, open space plays a key role in the ecosystem through providing such functions as aquifer recharge, wildlife habitat, and air quality. It is therefore imperative to maintain open space as a viable land use in the City. 75 City of A ventura 2005 Evaluation and Appraisal Report 3. Comprehensive Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identifY, where appropriate, unforeseen or unanticipated changes in circumstances which have resuhed in problems or opportunities with respect to the major issues. Issue I.E., "Quality of Life", impacts: . The Future Land Use Element in its entirety; . The Parks and Recreation Element in its entirety; · The Capital Improvements Element in its entirety; · The Intergovernmental Coordination Element in its entirety; · Coastal Management Goal, Objective 4, Policy 4.3 of the Conservation & Coastal Management Element as it addresses protection of natural reservations identified in the Parks and Recreation Element, and; · Coastal Management Goal, Objectives 6 and 12 of the Conservation & Coastal Management Element, and policies thereunder, as they address the preservation and enhancement of waterfront sites for water-dependent uses. Specific recommendations to amend the Comprehensive Plan to address the issue of transportation are as follows: a. Land Use Element Recommendation n.E.!. Policy 2.1 states that the City shall undertake efforts to locate sites with confirmed historic, architectural, and archeological significance. It is recommended that this Policy be amended to state that by 2010 the City shall coordinate with the Miami-Dade County Office of Historic Preservation and Florida Department of State in order to identifY significant historically, architecturally, or archaeologically- significant sites, if any, within its jurisdiction. b. Parks and Recreation Element Recommendation n.E.2. Objective 2 states that the City will coordinate the provision of public and private resources to meet recreation demands within one year of Plan adoption. It is recommended that this Objective be amended to state that the City wi II continue to coordinate the provision of public and private resources to meet recreation demands, and that the reference to "within one year of Plan adoption" be deleted. Recommendation n.E.3. Policy 2.1 states that there were no recreation system deficiencies at the date of the Comprehensive Plan's adoption. It is recommended that this Policy be amended to state that the City will continue to ensure that it meets and exceeds its established Level of Service Standard for Recreation and Open Space through the Concurrency Management System, the collection of Park Impacts Fees, and other strategies. 76 City of Aventura 2005 Evaluation and Appraisal Report Recommendation II.E.4. Policy 3.1 states that the City will develop land development regulations to include appropriate definitions of open space needs and standards. It is recommended that this Policy be amended to state that the City will continue to ensure that open space requirements for new development and redevelopment are met through the implementation and enforcement of its land development regulations. 77 City of A ventura 2005 Evaluation and Appraisal Report CHAPTER III. OBJECTIVE ACHIEVEMENT ANALYSIS An important objective of the Evaluation and Appraisal Report (EAR) is the identification of successes and shortcomings in implementing the Comprehensive Plan objectives (Sections 163.3191(2) (g) and (h), F.S. since the Plan's adoption in 1998. The following Chapter measures the City's progress in implementing its adopted Comprehensive Plan goals, objectives and policies. III.A. FUTURE LAND USE ELEMENT 1. Objective FLU-l Objective I of the Future Land Use Element is as follows: "The following land use densities, intensities and approaches shall be incorporated in the Land Development Regu lations." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Incorporation of the stated land use designations into the Land Development Regulations." Land Use designations as outlined in the Comprehensive Plan are more general and Land Development Regulations (Zoning) are more specific. Chapter 163, Florida Statutes and Rule 9J-5, Florida Administrative Code require consistency between a city's land use designations and land development regulations. Therefore, through zoning the land use designations are incorporated. A review of Chapter 31, Land Development Regulations, of the City of Aventura's Code of Ordinances confirms that the City has incorporated its Future Land Use designations into its land development regulations. In order to further evaluate the City's success in achieving Objective FLU-I, a brief assessment of whether or not the supporting policies (FLU-l.I through FLU-1.3) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table II1.A.] below: T bl III A 1 F t L dUEl tOb' f FLU lA h' t St t a e . . uure au se emen J.lec Ive - c levemen a us Policv Imnlemented? Relevant Policy FLU-I.I Yes Yes The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Low Density, Low-Medium Density, Medium Density and Medium-High Density. 78 City of A ventura 2005 Evaluation and Appraisal Report Table III.A.t Future Land Use Element Objective FLU-t Achievement Status cont. Poli<'V Policy FLU-].2 The Future Land Use map shall identifY all nonresidential land as one of the following nonresidential land use categories: Industrial and Office, Business and Office, Town Center and Parks and Recreation. Policy FLU-1.3 Communities facilities (including schools) and places of worship shall be allowed on property with a residential or business and office land use designation through the conditional use procedures found In the City's land development regulations, and shall also be encouraged within Town Centers when such placement results in the co- location of schools with other educational and cultural resources such as libraries, museum, conservatories, and auditoriums. 2. Objective FLU-2 Imnlemented? Relevant Yes Yes Yes, for example, the A ventura Charter School and Community Center have been co-located. Please see Article VII. Use Regulations in Chapter 31 Yes Objective 2 of the Future Land Use Element is as follows: "The Future Land Use Plan shall emphasize concentration and intensification of development around centers of activity, development of well designed communities containing a variety of uses, housing types and public services, renewal and rehabilitation of blighted areas. [9J-5.006 (3)(b)(2)]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Residential and non-residential land use densities within the City by LUP map category." 79 City of A ventura 2005 Evaluation and Appraisal Report Residential and non-residential land use densities and intensities are described on the LUP map by category and further described in the Comprehensive Plan text. See Chapter II.A. of this report for a description of the City's residential and non-residential land uses by category. In order to further evaluate the City's success in achieving Objective FLU-2, a brief assessment of whether or not the supporting policies (FLU-2.1 through FLU-2.6) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.A.2 below: Table IILA.2 Future Land Use Element Objective FLU-2 Achievement Status Policv ImDlemented? Relevant Policy FLU-2.I Yes, through the Urban Yes In planning and designing Design Element and Article all new development and XI. Development Standards redevelopment, the City of General Applicability in shall vigorously promote Chapter 31 of the City's implementation of the Code of Ordinances guidelines contained in the "Urban Design Element." Policy FLU-2.2 Yes, ongoing Yes To promote housing diversity and to avoid creation of monotonous developments, A ventura shall vigorously promote a variety of housing types in residential communities and Town Centers through its planning, zoning, subdivision, site planning and other regulatory activities. 80 City of A ventura 2005 Evaluation and Appraisal Report Table IIl.A.2 Future Land Use Element Objective FLU-2 Achievement Status cont. Policv Imolemeoted? Policy FLU-2.3 Yes Business developments shall preferably be placed in clusters or nodes in the vicinity of collector or greater roadway intersections and not in continuous strips or, with the exception of small neighborhood nodes, in isolated spots. Business developments shall be designed to anchor ad jo ining smaller businesses or the adjacent business district. Non- residential zoning will not necessarily be warranted on a given property merely due to adjacent roadway construction or expansion, or by its location at the intersection of two roadways. Policy FLU-2.4 Yes The City shall promote good urban design, water and energy conservat ion and wildlife habitat when designing sites and selecting landscape material for all public projects. Relevant Yes Yes 81 City of A ventura 2005 Evaluation and Appraisal Report Table III.A.2 Future Land Use Element Objective FLU-2 Achievement Status cont. Policv Imnlemented? Relevant Policy FLU-2.5 Yes, but other agenc ies Yes. Public facility and service have jurisdictional authority provided shall give priority for the provision of certain to eliminating any public facilities, for in frastructure deficiencies example, water and sewer to facilitate rehabilitation or (Miami-Dade Water and renewal of areas. Sewer Department) and roadways (Miami-Dade Public Works and FDOT) Policy FLU-2.6 Yes Yes In formulating or amending development regulations, A ventura shall avoid creating disincentives to redevelopment. 3. Objective FLU-3 Objective 3 of the Future Land Use Element is as follows: "Decisions regarding the location, extent and intensity of future land use in A ventura will be based upon suitable environmental conditions and the financial feasibility of providing, by the year 2005, services at levels of service (LOS) that meet or exceed the minimum standards adopted in the Capital Improvements Element. [9J-5.006(3)(b) 1]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of development actions that exceeded adopted level of service standards." No applications for development have been approved which exceed the adopted level of service standards set by the City in the Capital Improvements Element and in Chapter 31 Land Development Regulations, Article XI Development Standards of General Applicability. As part of the review concerning future land use changes environmental conditions and the feasibility of providing services is always reviewed. As this is ongoing reference to the year 2005 should be deleted. In order to further evaluate the City's success in achieving Objective FLU-3, a brief assessment of whether or not the supporting policies (FLU-3.1 through FLU-3.4) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.A.3 below: 82 City of A ventura 2005 Evaluation and Appraisal Report Table Ill.A.3 Future Land Use Element Objective FLU-3 Achievement Status Policv Policy FLU-3.! All development orders authorizing new. or significant expansion of existing land uses, shall be contingent upon the provision of services at or above the Level of Service (LOS) standards specified in the Capital Improvements Element (CIE) at the same time as the land uses are authorized. f9J-5.006(c)3] Policy FLU-3.2 A ventura shall maintain and enhance, as necessary, impact fee and comparable programs and procedures to require all development, regardless of Size, to contribute its proportionate share of capital facilities, or funds or land thereof, necessary to accommodate impact of the proposed development or increment of redevelopment over and above preexisting development on a site. A ventura shall periodically review and update fee schedules to ensure that all public marginal costs are appropriately recognized, and that fee structures reflect pertinent geographic variability in facility usal1.e. Imnlemented? Yes, ongoing through the CIE and Article XI Yes, po lice and parks impact fees and specific purpose exactions, for example, roadways and roadway improvements. 83 Relevant Yes, with changes, references to "significant" should be deleted Yes City of A ventura 2005 Evaluation and Appraisal Report Table III.A.3 Future Land Use Element Objective FLU-3 Achievement Status cont. Poli"" Policy FLU-3.3 Municipal agencies shall continue and, where possible, improve their efforts to coordinate projects to construct or repair infrastructure such as roadways and ut Hit ies in order to minimize the disruption and inconvenience caused by such construction activities. Policy FLU-3.4 The Community Development Department shall coordinate and centralize the compilation of monitoring information necessary to make determinations regarding existing and projected Levels of Services and to prepare Evaluation and Appraisal Reports for submittal to the State land planning agency, as required by Chapter 163, F.S. and Rule 9J-5, F.A.C. 4. Objective FLU-4 Imnlemented? Yes, intra- and inter- Yes municipaVgovernmental coordination lines of communication are in place and implemented through the Intergovernmental Coordination Element Relevant Yes, ongoing, the City Yes through its development review process monitors all information regarding LOS and through a consuhant will prepare the EAR Objective 4 of the Future Land Use Element is as follows: "Upon the adoption of the Plan, the location, design and management practices of development and redevelopment shall ensure the protection of natural resources and systems by recognizing, and sensitively responding to these constraints including historical resources. [9J-5.006(3)(b)4]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Acres of environmentally sensitive lands preserved within the City." Through the requirements of the Land Use and Conservation and Coastal Management Elements the City must evaluate and determine the acreage for various land uses within the 84 City of A ventura 2005 Evaluation and Appraisal Report City including environmentally sensitive lands that are preserved. At this time, it is calculated that there are approximately 35 acres of environmentally sensitive lands within the City. In order to further evaluate the City's success in achieving Objective FLU-4, a brief assessment of whether or not the supporting policy (FLU-4.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.AA below: Table III.A.4 Future Land Use Element Objective FLU-4 Achievement Status Policv Imnlemented? Relevant Policy FLU-4.1 Yes, through the Yes Development orders in Comprehensive Plan A ventura shall be consistent Elements and other with the goals, objectives regulatory agencies and and po lic ies contained in their regulations the Conservation and Coastal Management Elements of this Plan, and with all applicable environmental regulations, as well as all other Elements of the Plan. 5. Objective FLU-5 Objective 5 of the Future Land Use Element is as follows: "Aventura shall, by the year 2005, reduce the number of land uses inconsistent with the uses designated on the LUP map or with the character of the surrounding community. [9J-5.006(3)(b)3]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Acreage of inconsistent or incompatible properties by LUP map category." Currently, there are approximately 17 acres of inconsistent or incompatible properties by LUP map category. Generally, the area known as the Hospital District has existing land uses which are inconsistent with the uses designated on the Adopted Future Land Use Map. The City is striving to reduce the amount of acreage that is inconsistent through the redevelopment of this area. Inconsistent marine industrial uses along NE 188 Street have transitioned into residential uses since the date of adoption, as per the Future Land Use Plan Map. Implementation of the Town Center designation is ongoing; however, the uses existing in this area are not inconsistent with the uses allowed in the Town Center designation. Please see Chapter ILA. for further discussion about these areas. As this is ongoing reference to the year 2005 should be deleted. 85 City of A ventura 2005 Evaluation and Appraisal Report In order to further evaluate the City's success in achieving Objective FLU-5, a brief assessment of whether or not the supporting policies (FLU-S.l through FLU-SA) have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table III.A.S below: Table III.A.5 Future Land Use Element Objective FLU-5 Achievement Status Policv Policy FLU-s.1 When evaluating compatibility among proximate land uses, the City shall consider such factors as: noise, lighting, shadows, glare, vibration, odor, runoO: access, traffic, parking, heights, bulk, scale of architectural elements, landscaping, hours of operation, buffering, and safety, as applicable. Policy FLU-s.2 Through implementation of the land development regulations, residential neighborhoods shall be protected from intrusion by uses that would disrupt or degrade the health, safety, tranquility, character, and overall welfare of the neighborhood. [9J- S.006(3)(c)2] Policy FLU-S.3 Supportive but potentially incompatible uses shall be permitted on site within functional neighborhoods, communities or districts only where proper site design can and will be used to integrate the compatible and complementary elements and buffer any potentially incompatible elements. Imnlemented? Yes, through Chapter 31 in Yes its entirely Relevant Yes, through Chapter 31 in Yes its entirely Yes, through Chapter 31 in Yes its entirety 86 City of A ventura 2005 Evaluation and Appraisal Report Table III.A.S Future Land Use Element Objective FLU-S Achievement Status cont. Policv Imnlemented? Relevant Policy FLU-5.4 Yes, through the Capital Yes Through its planning, Improvements Element, regulatory, capital Chapter 31 in its entirely improvements and and more specifically intergovernmental Article VII. Use coordination activities, Regulations A ventura shall ensure that suitable land is provided for placement of utility fac i1it ies necessary to support proposed development. Necessary utility facilities may be located in all land use categories. f9J-5.006(3)(b)91 6. Objective FLU-6 Objective 6 of the Future Land Use Element is as follows: "Upon the adoption of the A ventura Plan, all subsequent public and private activities regarding the use, development and redevelopment of land and the provision of urban services and infrastructure shall be consistent with the goal, objectives and policies of this Element, with recognized Population Estimates and Projections, and with future uses designated on the adopted Future Land Use Plan (FLUP) map, and as balanced with the Goals, Objectives and Policies of all Elements of the Comprehensive Plan." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of development actions that are inconsistent with the Goals, Objectives and Polices of the adopted Aventura Comprehensive Plan." No applications for development have been approved which are inconsistent with the Goals, Objectives and Policies of the adopted Aventura Comprehensive Plan. Two applications have been denied by the City due to inconsistencies with the Plan's goals, objectives and policies. In order to further evaluate the City's success in achieving Objective FLU-6, a brief assessment of whether or not the supporting policy (FLU-6.]) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.A.6 below: 87 City of A ventura 2005 Evaluation and Appraisal Report Table ITI.A.6 Future Land Use Element Objective FLU-6 Achievement Status Policv Imnlemented? Relevant Policy FLU-6.l Yes, through consistency Yes All development orders requirements between the authorizing a new land use Comprehensive Plan and or development, or Land Development redevelopment, or Regulations per Chapter significant expansion of an 163 and Rule 9J-5. existing use shall be contingent upon an affirmative finding that the development or use conforms to, and IS consistent with the goals, objectives and policies of the Plan including the Land Use Plan Map. 7. Objective FLU-7 Objective 7 of the Future Land Use Element is as follows: "The City of A ventura shall protect, preserve, ensure the proper management, and promote public awareness of historical, architectural and archaeologically significant sites." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Acres of identified historical, architectural and archaeologically significant sites preserved by LUP map category." The City has no historically, architecturally or archaeologically significant sites designated on the LUP by category. Although the City finds it unlikely that any of its structures or sites would quality for designation, a cultural resource assessment survey should be completed in conjunction with the Miami-Dade County Office of Historic Preservation and Florida Department of State in order to confirm that there are no significant historically, architecturally, or archaeologically-significant sites within its jurisdiction. Such a survey has not been completed to date due to the myriad challenges associated with establishing a new City, and the obvious lack of concentrations of historic, architectural, and archaeological resources. Nonetheless, the City should complete the afore-mentioned assessment within the planning period in order to ensure compliance with State and local requirements. In order to further evaluate the City's success in achieving Objective FLU-7, a brief assessment of whether or not the supporting policy (FLU-7.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.A.7 below: 88 City of A ventura 2005 Evaluation and Appraisal Report Table IIlA.7 Future Land Use Element Objective FLU-7 Achievement Status Policv Imnlemented? Relevant PolicyFLU-7.1 No, the City has no Yes, should be implemented The City shall undertake designated sites but has within the planning period. efforts to locate sites with available any assistance confirmed historic, necessary from the Miami- architectural and Dade County Office of archaeological significance Historic Preservation to and shall take timely and locate sites. Chapter 31, appropriate measures to Article VI. Archaeological preserve identified sites. and Historical Landmarks outlines standards and orocedures for designation. 8. Objective FLU-8 Objective 8 of the Future Land Use Element is as follows: "The City of A ventura Community Development Department shall maintain a process for periodic amendment to the Land Use Plan map, consistent with the adopted Goals, Objectives and Policies of this Plan." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of opportunities to amend the A ventura Comprehensive Plan." The City allows the statutory maximum for amendments to the Comprehensive Plan, which is currently two per year pursuant to Section 163.3187, F.S. In order to further evaluate the City's success in achieving Objective FLU-8, a brief assessment of whether or not the supporting policies (FLU-8.1 through FLU-8.3) have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table III.A.8 below: 89 City of A ventura 2005 Evaluation and Appraisal Report Table III.A.8 Future Land Use Element Objeetive FLU-8 Achievement Status Poli"" Policy FLU-8.1 The City Commission, upon recommendation of the City Manager, shall establish opportunities for the consideration of amendments to the Aventura Comprehensive Plan. The City Commission shall not establish more than the State imposed maximum number of opportunities, currently two opportunities per year. Small scale amendments or emergency amendments shall be exempt from this limitation, as provided for in State law. Policy FLU-8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposa~ if approved, would: I. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; 2. Enhance or impede provision of services at adopted LOS Standards; 3. Be compatible with abutting and nearby land uses and protect the character of established neiehborhoods;and Imolemented? Yes, through Chapter 31, Article IV. Comprehensive Plan amendment procedures and Sect ion 163.3187, F.S. Yes 90 Yes Yes Relevant City of A ventura 2005 Evaluation and Appraisal Report 4. Enhance or degrade environmental or historical resources, features or svstems of significance. Policy FLU-8.3 Yes The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. Yes 9. Objective FLU-9 Objective 9 of the Future Land Use Element is as follows: "A ventura shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures, to ensure that future land use and development is consistent with the Plan, and to promote better planned development and communities with well designed buildings. [9J- 5.006(3)(b)lO]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of City sponsored amendments to the Land Development Code." The City has continued to update and enhance the land development regulations since approval of Chapter 31 Land Development Regulations on July 13, 1999. The land development regulations have been amended 12 times since 1999. In order to further evaluate the City's success in achieving Objective FLU-9, a brief assessment of whether or not the supporting policies (FLU-9.l through FLU-9.3) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.A.9 below: 91 City of A ventura 2005 Evaluation and Appraisal Report Table Ill.A.9 Future Land Use Element Objective FLU-9 Achievement Status Polirv Policy FLU-9.1 A ventura shall continue to maintain. and enhance as necessary, regulations consistent with the Plan which govern the use and development of land and which, as a minimum, regulate:[9J-5.006(3)( c) I] I. Land use consistent with the Land Use Element and Level of Service Standards; 2. Subdivision of land; 3.Areas subject to seasonal or periodic flooding; 4. Stormwater management; 5. Protection of environmentally sensitive lands; 6. Signage; and 7. On-site traffic flow and parking to ensure safety and convenience and that no avoidable off-site traffic flow impediments are caused bv development. Policy FLU-9.2 A ventura shall continue to investigate. maintain and enhance methods. standards and regulatory approaches that facilitate sound, compatible mixing of uses in projects and communities. [9J- 5.006(3)(b)31 ImDlemented? Yes, the City continues to amend its Code of Ord inances as necessary to be in compliance with 9J- 5.006 and other regulation from agencies such as Miami-Dade County and the State of Florida. Yes, through Chapter 31 in its entirety and the Urban Design Element and other Best Planning and Management Practices will promote the mixing of uses in projects and communities 92 Relevant Yes Yes, mixed use development promotes a multitude of efficiencies City of A ventura 2005 Evaluation and Appraisal Report Table III.A.9 Future Land Use Element Objective FLU-9 Achievement Status cont. Policv Policy FLU-9.3 The City within one (I) year of adoption of this Plan shall enact land development regulations that provisions for: 5.006(3)(c)4] I. Open space in the form of squares, plazas, or green areas in residential and commercial zoning categories; 2. Diversity of uses in or adjacent to residential districts, including neighborhood designs that have a mixture of retail, residential, office, institutional and service business uses in close proximity; 3. Diversity of housing and construction types; 4. Parking requirements for all zoning districts to allow and retain on-street parking where appropriate. 5. A hierarchy of street types and designs, ranging from pedestrian and bike paths to boulevards that serve both neighborhood and area-wide vehicular and pedestrian trips. include [9J- 10. Objective FLU-I0 Imnlemented? Yes, in 1999, Chapter 31 Land Development Regulations were adopted which provides for open spaces, diversity of uses and housing types and walkable streets and which are all consistent with Rule 9J- 5.005 and the Urban Design Element Relevant No, plan has been adopted Objective 10 ofthe Future Land Use Element is as follows: "Energy efficient development shall be accomplished through land use patterns, site planning, landscaping, building design and development of multi-modal transportation systems." 93 City of A ventura 2005 Evaluation and Appraisal Report For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "No feasible measure exists. Surrogate measure: Residential and non-residential land use densities within the City by LUP map category." Although no feasible measure exists, the City encourages thoughtful development patterns such as the Town Center Zoning District to meet this objective. Residential and non- residential land use densities and intensities are described on the LUP map by category and further described in the Comprehensive Plan text. See Chapter ILA. of this report for a description of the City's residential and non-residential land uses by category. In order to further evaluate the City's success in achieving Objective FLU-IO, a brief assessment of whether or not the supporting policy (FLU-IO.I) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table IILA.! 0 below: T bl III A 10 F t L dUEl tOb' f FLU lOA h' t St t a e . uure an se emen ~Iec Ive - c levemen a us Polirv Imnlemented? Relevant Policy FLU-IO.1 Yes Yes A ventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass trans it supportive development and mixed use projects to promote energy conservation. 11. Objective FLU-l1 Objective II ofthe Future Land Use Element is as follows: "Upon the adoption of the Plan, the location, design and management practices of development and redevelopment shall ensure the protection of natural resources and systems by recognizing, and sensitively responding to constraints posed by soil conditions, topography, water table level, vegetation type, wildlife habitat, and hurricane and other flood hazards." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Acres of environmentally sensitive land by LUP map category; acres of developed land not serviced by sanitary sewer system by LUP map category; acre-days ofland flooded by LUP map category." This Objective should be updated and/or revisited because the Comprehensive Plan was adopted. There are approximately 30 acres of environmentally sensitive land that is designated Parks and Recreation on the Future Land Use Map and another 5 acres designated Medium-High Density Residential. There are less than IS acres not serviced by 94 City of A ventura 2005 Evaluation and Appraisal Report the sanitary sewer collection system in the Business and Office LUP category and located mainly in the Hospital District. The acre-days of land flooded is not available but is believed to be de minimus due to the sandy soil conditions and adequate stormwater drainage. In order to further evaluate the City's success in achieving Objective FLU-II, a brief assessment of whether or not the supporting policies (FLU-I 1.1 and FLU-l 1.2) have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table III.A.11 below: Table lII.A.ll Future Land Use Element Obiective FLU-ll Achievement Status Policv Imnlemented? Relevant Policy FLU-I 1.1 Yes, all development orders Yes Development orders in must be consistent with all A ventura shall be consistent Elements of the with the goals, objectives Comprehensive Plan and policies contained in the Conservation and Coastal Management Elements of this Plan, and with all applicable environmental regulations, as well as all other elements ofthe Plan. Policy FLU-l 1.2 Yes Yes All significant natural resources and systems shall be protected from incompatible land use including inland wetlands and forested portions of Environmentally Sensitive Sites as identified in the Conservation Element, as may be amended from time to time. 95 City of A ventura 2005 Evaluation and Appraisal Report 12. Objective FLU-12 Objective 12 of the Future Land Use Element is as follows: "The City of Aventura shall coordinate its coastal planning area population densities with the South Florida Regional Planning Council and the Miami-Dade County Office of Emergency Management." There is no monitoring measure identified for this objective in the Comprehensive Plan. However, there is a high degree of coordination between the City and the South Florida Regional Planning Council, although additional coordination is needed. The City is meeting its 12 hour standard as established in the Comprehensive Plan. Please see Chapter II.C. for additional information about this issue. In order to further evaluate the City's success in achieving Objective FLU-I2, a brief assessment of whether or not the supporting policies (FLU-12.1 and FLU-12.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table Ill.A.12 below: Table III.A.12 Future Land Use Element Objective FLU-12 Achievement Status Policv Imnlemented? Relevant Policy FLU-12.1 Yes Yes All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. Policy FLU-12.2 Yes Yes The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceedinl! 12 hours. 96 City of A ventura 2005 Evaluation and Appraisal Report 13. Objective FLU-13 Objective 13 of the Future Land Use Element is as follows: "To address the current school siting needs and to coordinate with other governmental entities to discuss projected student membership and site size deficiencies." There is no monitoring measure identified for this objective in the Comprehensive Plan. The City, however, entered into an Interlocal Agreement between Miami-Dade County Public Schools along with the majority of municipalities in Miami-Dade County in 2003. The City has also created a City run Charter School. Currently, there is an elementary school open to the residents of A ventura with a middle school under construction. Please see Chapters ILE. for further discussion about this issue. In order to further evaluate the City's success in achieving Objective FLU-13, a brief assessment of whether or not the supporting policy (FLU-13.I) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.A.!3 below: Table III.A.13 Future Land Use Element Objective FLU-13 Achievement Status Policv Policy FLU-13.l By December 31 1999 the City shall coordinate with Miami-Dade County Public School Board, Miami-Dade County. other municipalities of Northeast Miami-Dade County and the South Florida Regional Planning Council in order to develop alternative solutions to the projected public school siting needs included in the data and analysis. These alternative solutions should include utilization of existing vacant sites, vacant office space, and addition of 2nd stories to existing schools, as well as other alternative so lut ions. Imolemented? Yes, agreement became effective in 2003 Relevant Yes, but delete reference to December 31, 1999 97 City of A ventura 2005 Evaluation and Appraisal Report III.B. Transportation Element 1. Objective T-l Objective I of the Transportation Element is as follows: "Provide the framework for a safe, convenient, and energy efficient multi-modal transportation system through implementation of the programs outlined in this element, and the concurrency and access management systems contained in the City's land development regulations. [9J- 5.0 I 9(4)(b) I]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Maintenance of adopted Level of Service Standards." Section 163.3191(2)(0), F.S., requires that local governments evaluate the extent to which the multi-modal transportation district has been successful in achieving its purpose. As noted in Chapter 11.0., the City of Aventura is located within Miami-Dade County's Urban Infill Area (UIA), which is designated as a Transportation Concurrency Exemption Area, and is exempt from transportation concurrency requirements. The City has therefore not had to delay or prohibit development or redevelopment due to transportation concurrency issues between 1995 and 2005. In this regard, the Transportation Concurrency Exception Area has been successful in achieving one of its purposes; allowing development and redevelopment in established infill areas where infrastructure is in place, despite the congested roadway conditions that often exist in such areas. The City's adopted Level of Service standards for transportation are: a minimum peak period LOS of E on State and City roads where no public mass transit exists; where mass transit having headways of 20 minutes or less is provided, roadways shall operate at no greater than 120 percent of their capacity, and; where extraordinary transit service such as commuter rail or express bus service exists, parallel roadways within y, mile shall operate at no greater than 150 percent of their capacity. An express bus service is provided in the City between Aventura Mall and Golden Glades, and along Biscayne Boulevard. The Level of Service standards for roadways are based on the following definitions: · LOS A - free flow traffic operations at average travel speeds; · LOS B - stable flow with other users in traffic stream; · LOS C - uncongested with other users causing significant interactions; · LOS 0 - congested stable flow with major delays; · LOS E - very congested with traffic at or near capacity, and; · LOS F - extremely congested with breakdown flows. In order to determine the current levels of service on roadways in A ventura, level of service information was taken from the Miami Dade County MPO 2030 Long Rang Transportation Plan, which is the official transportation planning document for Miami-Dade County. It specifies all transportation projects to be planned, designed or constructed within this time horizon. It utilizes a complex modeling structure which integrates the most recent Census 98 City of A ventura 2005 Evaluation and Appraisal Report data and traffic information. It then distributes and projects trips, volumes and levels of service in the future. A new LRTP is developed every five years. This becomes the basis for determining and prioritizing transportation needs. To be eligible for federal dollars, projects must first be part of this plan. Information indicates that at the time of the counts: Ives Dairy Road was operating at LOS F, William Lehman Causeway was operating at LOS B, Biscayne Boulevard was operating at LOS F, and Country Club Drive, Aventura Boulevard, Waterways Boulevard, and NE 34th Avenue, were all operating at LOS B or better. Overal~ this examination determined that there is capacity remaining on the roadway network (nearly an extra travel lane's worth, or 2,000 trips). Nonetheless, based on the most recent available data, the City is not meeting its roadway Level of Service standards on Biscayne Boulevard or Ives Dairy Road. By 2030: William Lehman Causeway will be operating at LOS B; Aventura Boulevard will be at LOS D, and; Country Club Drive will be mainly at LOS E, with the links approaching the William Lehman Causeway at LOS F. NE 34th Avenue will be at LOS F and Waterways Boulevard will be at LOS E. Ives Dairy Road and Biscayne Boulevard will continue to operate at LOS F. Therefore, it is projected that the City will not be meeting its roadway Level of Service standards for portions of Country Club Drive, Ives Dairy Road, or Biscayne Boulevard in 2030. The City's existing transportation system is comprised of more than roadways. Mass transit service in the City is provided by the Miami-Dade Transit Authority through express and regular bus service (Figure II.D.2)34, and by the City of Aventura through its internal shuttle bus service (Figure II.D.3). The City of Aventura's shuttlebus service boasts an average monthly ridership of 9,000, and has had a total ridership of 457,138 since its inception in 199935. Bicycles and pedestrian paths/sidewalks are another important component of the City's transportation system. The City provides sidewalks along most major roadways, and major bicycle and pedestrian paths along Country Club Drive around the Turnberry Golf Course and along NE 187 Street. In addition, there are many waterways in the City that provide opportunities for recreational boating. Although there is no water taxi service in the City at present, it might be explored as a future option for trips within the City, and between the City and other waterfront locales. These projects demonstrate the City's commitment to providing a multi-modal transportation system, in accordance with its Transportation Concurrency Exception Area. Please see Chapters II.D. and IV.F. for further discussion about these issues. In order to further evaluate the City's success in achieving Objective T-l, a brief assessment of whether or not the supporting policies (T-I.I through T-I.6) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.B. I below: 34 Miami-Dade Transit Authority, 2005 35 City of Aven/ura Shlllllebus Ridership Summary, January 1999 to Present, City of Aventura Community Services Department, 2005 99 City of A ventura 2005 Evaluation and Appraisal Report Table III.B.l Transportation Element Objective T-l Achievement Status Poliev Policy T-1.I As per 9J-5.005(8)0), the City of A ventura adopts the level of service standard as described in the Miami- Dade County Comprehensive Development Plan, Traffic Circulation Subelement 1997, Objective 1 Policy 1 B, as it relates to Urban Infill Areas (UIA) [9J- 5.0I9(4)(c)I], and more particularly described as follows: The minimum acceptable peak-period LOS for all State roads and on all City roads shall be the following: (a) Where no public mass transit service exists, roadways shall operate at or above LOS E; (b) Where mass transit service having headways of 20 minutes or less is provided within Y, mile distance, roadways shall operate at no greater than 120 percent of their capacity; (c) Where extraordinary transit service such as commuter rail or express bus service exists parallel roadways within Y, mile shall operate at no greater than 150 percent of their capacitv. Policy T -1.2 The City accepts of A ventura Miami-Dade Imolemented? Yes, ongoing with changes, the City is part of the Transportation Concurrency Exception Area as described in Policy T-1.3. Delete reference to Miami- Dade County Comprehensive Development Plan, Traffic Circulation Subelement 1997, Objective I Policy 1 B and substitute Objective TC-I PolicyTC-IB Please see Chapter 11 of this report, the October 2004 Cycle Applications to Amend the Miami-Dade County Comprehensive Plan and the Capital Improvements Element for more details about the City's concurrency management program. Yes, delete reference to Miami-Dade County Comprehensive 100 Relevant Yes, with changes Yes City of A ventura 2005 Evaluation and Appraisal Report County's mass transit level of service as stated in their 1997 CDMP Capital Improvements Element and the Mass Transit Subelement of the Traffic Circulation Element which follow: 1) The average combined population and employment density along the corridor between the existing transit network and the area of expansion exceeds 4,000 per square mile, and the corridor is 0.5 miles on either side of any necessary new routes or route extensions to the area of expansion; 2) It is estimated that there is sufficient demand to warrant service; 3) The service is economically feasible; and 4) The expansion of transit service into new areas is not provided at a detriment to existing or planned services in higher density areas with greater need. Policy T-1.3 In conformity with the established Miami-Dade County Transportation Exception Area, that area located within the boundaries of the City of A ventura is designated as a Transportation Concurrency Exception Area as specified in Section 9J-5(6), Florida Statutes. The geographic location and extent of the City's Transportation Concurrency ExcePtion Development Plan, Traffic Circulation Subelement 1997, Objectiye I Policy 1 B and substitute Objective MT-I Policy MT-IA. Please see Chapter II of this report, the October 2004 Cycle Applications to Amend the Miami-Dade County Comprehensive Plan and the Capital Improvements Element for more details about the City's concurrency management program. Yes 101 Yes City of A ventura 2005 Evaluation and Appraisal Report Area shall be maintained on the "Future Function Classification and Number of Lanes" maD. Policv T-1.4 Policy T-I.4 Yes, FDOT District 6 Yes The City shall req u ire an reviews any new access access management review points along state highways by the Florida Department such as Biscayne Boulevard of Transportation for all new developments located along State highways, and shall not approve any development order requiring access to State highway unless such access is permitted by the Department of TransDortation. 102 City of A ventura 2005 Evaluation and Appraisal Report Table III.B.I Transportation Element Objective T-I Achievement Status cont. Poli.-v Imolemeoted? Relevant Policy T -\.5 Yes, through the Capital Yes The City will develop Improvement Program the transportation management City is improving and/or strategies, such as but not creating a more pedestrian limited to, traffic calming friendly environment and techniques and traditional also providing transit within neighborhood design the City to better integrate concepts, to improve with the Countywide multi- efficiency, and enhance the modal transportation safety of the pedestrian, system. bicycles, and transit riders within the context of an integrated multi-modal transportation system. [9J- 5.019(4)(c)71 Policy T-\.6 Yes, since the start of the Yes Annual transit trips per intra-city transit service in capita will be utilized to 1999 ridership has determine the achievement increased with total of the mobility goals of the ridership approaching City. [9J-5.0l9(4)(c)10] 500,000 riders and an average of9,000 per month 2. Objective T-2 Objective 2 of the Transportation Element is as follows: "As part of the internal consistency requirement of the Comprehensive Plan elements, the transportation system outlined in this element will be coordinated with the Future Land Use Map or map series to ensure that the transportation modes are consistent with the land uses in the area by the Plan's adoption. [9J-5.019(4)(b)2]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of capital improvements that encourage and support a multi-modal transportation system." The latest Capital Improvements Program (2004-2009) calls for over $4.3 million in sidewalk, drainage, roadway, signage and traffic video monitoring improvements. In order to further evaluate the City's success in achieving Objective T-2, a brief assessment of whether or not the supporting policies (T -2.1 through T-2.6) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table 111.8.2 below: 103 City of A ventura 2005 Evaluation and Appraisal Report Table ID.B.2 Transportation Element Objective T-2 Achievement Status Policv Policy T-2.1 Parking strategies will be developed that encourage a multi-modal transportation system including scaled pedestrian and bicycle facilities, public transit, paratransit, and other modes of transportation. [9J- 5.019(4)(c)31 PolicyT-2.2 Through implementation of the Future Land Use Plan and Land Development Regulations, the use of bicycles and pedestrian activities will be promoted and encouraged with particular emphasis given to the Town Center. [9J- 5.0 19(4)( c )51 Policy T -2.3 Through the implementation of the multi-modal transportation strategies, demand management programs will be established to modify peak hour travel demands, and reduce the number of vehicle miles traveled. [9J- 5.0 I 9(4)(c)61 Policy T -2.4 Public transportation will be encouraged through implementation of local transit service and its incorporation in to the Town Center, as identified on the Future Land Use Plan Map. [9J- 5.019(4)(c)l21 Imnlemented? Yes Yes, through implementation of design guidelines Yes the Yes urban Relevant Yes Yes Yes, ongoing, as local Yes transit service and ridership increases 104 City of A ventura 2005 Evaluation and Appraisal Report Table III.D.2 Transportation Element Objective T-2 Acbievement Status cont. PoliMl Imnlemented? Relevant Policy T -2.5 Yes, internal ahernative Yes Through implementation of routes to Biscayne linking local streets to Boulevard are being provide residents with realized such as the internal alternative routes, extension of Miami local traffic will be Gardens Drive east of encouraged to use Biscayne Boulevard, NE alternative routes developed 27'h Avenue and NE 185th to protect the interregional Street and the extension of and intrastate functions of NE 2 13th Street easterly the Florida Intrastate from Biscayne Boulevard Highway System. [9J- 5.019(4)131 3. Objective T-3 Objective 3 ofthe Transportation Element is as follows: "As part of the implementation of the programs outlined in this element coordination of the transportation system with the Miami-Dade Metropolitan Planning Organization, Florida Transportation Plan, and the Florida Department of Transportation Adopted Work Program will be evaluated annually as part of the annual update of the concurrency management system. [9J-5.0 19( 4)(b)3]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Annual review of Miami-Dade Metropolitan Planning Organization and FDOT adopted 5-year work programs. Number of capital improvements that support the development and enhancement of intermodal terminals." The City, as with all other municipalities in Miami-Dade County, receive and review both the MPO and FDOT adopted 5-year work program. There are no capital improvements that support the development or enhancement of intermodal terminals in the City. Additionally, as part of the work program process a high degree of intergovernmental coordination is achieved. In order to further evaluate the City's success in achieving Objective T-3, a brief assessment of whether or not the supporting policies (T -3.1 through T-3.3) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table IIJ.B.3 below: 105 City of A ventura 2005 Evaluation and Appraisal Report Table m.B.3 Transportation Element Objective T-3 Achievement Status Poliev Policy T-3.1 Through the annual evaluation of the plans and programs of the other applicable agencies applicable roadway and transit service improvements for future multi-modal needs will be identified and addressed. f9J-5.0 19(4)(c)81 Policy T-3.2 Upon adoption of this element, and the Intergovernmental Coordination Element, transportation coordination related mechanisms, appropriate agreements, and strategies will be deve loped to implement the area wide transportation, land use, parking, and other provisions of the multi- modal plan. [9J- 5.01 9(4)(c) I il Policy T-3.3 Through implementation of this element and required agency coordination mechanisms, appropriate strategies will be developed to address improvements to the A ventura Mall transit terminal and development of a Town Center intermodal terminal, as well as access to aviation, rail and seaport facilities. [9J- 5.019(4)(c)14] Imolemented? Yes, the Work Programs are reviewed and assessed annually Yes, mechanisms, agreements and other strategies have been put in place to better coordinate local, county, regional, state and federal agencies Yes, see Policy T -3.2 ]06 Relevant Yes Yes, with changes to delete reference to adopted since Elements have been adopted Yes City of A ventura 2005 Evaluation and Appraisal Report 4. Objective T-4 Objective 4 of the Transportation Element is as follows: "Through coordination of the City's multi-modal transportation plan with the applicable public transit service and the Miami-Dade Metropolitan Planning Organization, efficient public transit service will be determined by the ridership. [9J-5.0]9(4)(b)4]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "By 2005, increase public transit ridership by 10%." Since its inception in ]999 the City's Shuttle Bus service has served over 457,138 people on four bus routes within the City. In addition, overall County public transit ridership has increased through better coordination of intra- and inter-city public transit services. It is suggested that this measure be changed to include information on the City's shuttle bus service due to the fact that Miami-Dade Transit is responsible for Countywide Transit service. References to the year and percentage increase should be deleted. In order to further evaluate the City's success in achieving Objective T-4, a brief assessment of whether or not the supporting policies (T-4.1 through T-4.7) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.B.4 below: Table III.B.4 Transportation Element Objective T -4 Achievement Status Policv Imnlemented? Relevant Policy T -4.] Yes, de lete reference to Yes Within one year of adoption timeframe as the local of the Comprehensive Plan, transit system was the City shall implement a implemented in 1999 and local public transit system. substitute maintain for [9J-5.0 19(4)(c)9] implement Policy T-4.2 Yes Yes The City's local transit system shall operate exclusively within the Transportation Concurrency ExcePtion Area (TCEA)' 107 City of A ventura 2005 Evaluation and Appraisal Report Table Ill.B.4 Transportation Element Objective T-4 Achievement Status cont. Policv Imolemented? Relevant Policy T -4.3 Yes Yes Transit service shall be linked to major trip attracters and generators, and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. Policy T-4.4 Yes Yes Transit service will be located in areas which the future land use map will support transit service, such as town center, transit terminals, commercial areas and higher density residential areas. Policy T-4.5 Yes Yes Within exclusive public transit corridors main entrances of business shall be oriented to transit stODS. Policy T -4.6 Yes, on an ongoing basis Yes Sidewalks shall link through the Capital residential development to Improvements Program. transit stODS and shelters. Policy T -4.7 Yes, required as part of Yes Transit shelters, according development order approval to the City's approved design, shall be provided at the time of development by the property owner. 5. Objective T-5 Objective 5 of the Transportation Element is as follows: "Through implementation of the Future Land Use Plan describing land use densities and intensities, existing and future rights-of-way, such as the eastern extension of Miami Gardens Drive and the realignment ofNE 29th Avenue, will be protected from building encroachment. [9J-5.019(4)(b)5]" 108 City of Aventura 2005 Evaluation and Appraisal Report For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Protection of Miami Gardens Drive easterly extension and the realignment of NE 29th Avenue rights-of-way from building encroachment. " Rights-of-way have been secured for the roadway projects and have been ongoing and considered in various work programs for a number of years. Development ofthese roadway segments is in process. In order to further evaluate the City's success in achieving Objective T-5, a brief assessment of whether or not the supporting policy (T-5.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table II1.B.5 below: Table ID.B.5 Transportation Element Objective T-5 Achievement Status Policv Imnlemented? Relevant Policy T -5.1 Ongoing Yes In coordination with the Miami-Dade Metropolitan Planning Organization, and the Florida Department of Transportation rights-of- way acquisition timetables and protection mechanisms will be established for the easterly extension of Miami Gardens Drive and the realignment of NE 29th Avenue. f9J-5.019(4)(c)41 109 City of A ventura 2005 Evaluation and Appraisal Report III.e. Parks and Recreation Element I. Objective PR-I Objective I of the Parks and Recreation Element is as follows: "Through implementation of the adopted Recreation and Open Space Element public access to the City's identified recreation sites will be ensured." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Public access available to all recreational sites." All existing public recreational sites have adequate public access and future sites will be consistent with this objective. Please see Chapter II.E. and Table II.E. I. for further discussion and quantification of how the City measures and monitors access to recreation sites. In order to further evaluate the City's success in achieving Objective PR-I, a brief assessment of whether or not the supporting policies (PR-I.I and PR-1.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table II1.C.1 below: Table III.C.t Parks and Recreation Element Objective PR-t Achievement Status Policv Imnlemented? Relevant Policy PR-l.I Yes Yes The City will designate existing City park property, any acquired park property, and any appropriate natural habitats for public use. Policy PR-1.2 Yes, for example, in Yes In coordination with the conjunction with the future land use plan, and the community center a Conservation and Coastal waterfront walkway with Management Element shore seat ing was provided to access will be maintained or ensure public access improved where possible; currently there are no beaches within the City limits. 2. Objective PR-2 Objective 2 of the Parks and Recreation Element is as follows: "Through implementation of the adopted Parks and Recreation and the Capital Improvements Elements, and the 110 City of A ventura 2005 Evaluation and Appraisal Report concurrency management system the City will coordinate the provision of public and private resources to meet recreation demands within one year of Plan adoption." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Continuation of park dedication requirements." Pursuant to the requirements of the CIE, Concurrency Management System and Chapter 3 I Land Development Regulations Article XI Development Standards of General Applicability developments must adhere to dedication requirements in order to maintain the City's adopted LOS for parks and recreation. In addition, as described in Chapter II.E., the City collects a Park Impact Fee to ensure that new development pays its fair share of the costs associated with providing recreation and open space. In order to further evaluate the City's success in achieving Objective PR-2, a brief assessment of whether or not the supporting policy (PR-2.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.C.2 below: Table III.C.2 Parks and Recreation Element Objective PR-2 Achievement Status Policv Imolemented? Relevant Policy PR-2.1 Yes, delete reference to Yes At the time of this adoption time of this adoption of the Parks and Recreation Element there are no recreation facility deficiencies, however, through implementation of the concurrency management system the City will ensure that facilities are deve loped concurrently with the impacts of new development. 3. Objective PR-3 Objective 3 of the Parks and Recreation Element is as follows: "Annually, as part of the City's budget, and capital improvements planning the City will address parks and recreation facility needs to ensure that they are adequately and efficiently provided." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of annual Capital Improvements Programs that consider recreation and open space needs." III City of A ventura 2005 Evaluation and Appraisal Report The current 2004/2009 CIP has as one of its functional categories Beautification and Parks Facilities. The budget for this category is approximately 13% of the total of $33.5 million and includes maintenance, beautification and park development. The Waterways Park development represents approximately $4.1 million of the total. Please see Chapter II.E. for more information. In order to further evaluate the City's success in achieving Objective PR-3, a brief assessment of whether or not the supporting policy (PR-3.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table II1.C.3 below: Table III.C.3 Parks and Recreation Element Objective PR-3 Achievement Status Poli~ Imnlemented? Relevant Policy PR-3.1 Yes, but de lete reference to Yes Within one (I) year of Plan one year of plan adoption adoption, the City will and will develop develop land development regulations to include appropriate definitions for open space needs, and standards. 4. Objective PR-4 Objective 4 of the Parks and Recreation Element is as follows: "Through implementation ofthe adopted Parks and Recreation Element, and the concurrency management system the City will ensure the provision of open space by public agencies, and private enterprise." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Acres of open space. Policy 4. I" As noted on Table II.A.2., the City has 257.07 acres of recreation open space identified on its Future Land Use Plan Map, including public and private open space. In order to determine the amount of recreation and open space that is available for use by residents for concurrency purposes, the City counts public parks at 100 percent, private recreation facilities at 50 percent, and marinas and golf course at 25 percent. Based on this formula, the City's existing recreation and open space acreage is 114. The City is therefore exceeding its recreation and open space Level of Service standard by 38.4 acres. Please see Chapter II.E. for more information. In order to further evaluate the City's success in achieving Objective PR-4, a brief assessment of whether or not the supporting policy (PR-4.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table II1.C.4 below: 112 City of A ventura 2005 Evaluation and Appraisal Report Table III.C.4 Parks and Recreation Element Objective PR-4 Acbievement Status Poliev Imnlemented? Relevant Policy PR-4.1 Yes Yes The City adopts a level of service requiring 2.75 acres of net usable park land per 1,000 residents, implemented by the concurrency management svstem. 113 City of A ventura 2005 Evaluation and Appraisal Report m.D. Housing Element 1. Objective H-I Objective 1 of the Housing Element is as follows: "Within one year of Plan adoption, provide the framework for a housing program that encourages the creation and preservation of affordable housing for all current and anticipated future Aventura residents. [9J- 5.01O(3)(b) I]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of programs developed that encourage or publicize affordable housing opportunities." The City coordinates with both the Miami-Dade County Housing Agency and the Office of Community and Economic Development to make information on affordable housing opportunities and programs available on an as needed basis. The reference to one year of plan adoption should be deleted. In order to further evaluate the City's success in achieving Objective H-I, a brief assessment of whether or not the supporting policies (H-1.1 through H-1.5) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.D.I below: Table 111.0.1 Housin!!: Element Obiective H-I Achievement Status Policv Imnlemented? Relevant Policy H-1.1 Yes, partially, the City Yes Through implementation of coordinates with Miami- the housing program and Dade County the Intergovernmental Coordination Element A ventura will coordinate with appropriate private and non-profit agenc ies to improve housing production. [9J-5.0 10(3(c)1l Policy H-1.2 Yes Yes Through the comprehensive planning process and the development of the Land Development Regulations (LDRs) a streamlined permitting process will be established; providing for efficient review with minimal delays and costs. 114 City of A ventura 2005 Evaluation and Appraisal Report Table IILD.t Housing Element Objective H-t Achievement Status cont. Policv Policy H-1.3 The City of Aventura will provide to those residents and individuals employed within the City: I. access to information pertaining to county wide programs to aide in job training, 2. day-care facilities, 3. English language courses (ESOL) and high school equivalent (GED) which are currently provided by the following agencies: . Children and Families . Miami-Dade College . Miami-Dade County Department of Human Services . Miami-Dade Public Schoo Is Policy H-\.4 The City of A ventura shall actively participate in the joint Florida Department of Community Affairs/South Florida Regional Planning Council "Regional Affordable Housing Strategy". ImDlemented? Yes Yes, ongoing, still process 115 Yes in Yes Relevant City of A ventura 2005 Evaluation and Appraisal Report Table 111.0.1 Housing Element Objective H-1 Achievement Status cont. PoU"" Policy H-1.5 Once the final recommendations of the joint Florida Department of Community Affairs/South Florida Regional Planning Council "Regional Affordable Housing Strategy" are issued, the City shall incorporate these recommendations into a citywide affordable housing policy, to the maximum extent consistent with existing land use, design, urban service, transportation, environmental and social conditions in the City, including consideration of applicable goals, objectives and policies. This policy will be incorporated in the form of an amendment to the adopted comprehensive plan. The amendment will be initiated within six months, or the first available amendment cycle, following completion of the "Regional Affordable Housing Strategy." 2. Objective H-2 Imnlemented? Yes, ongoing, still in process The South Florida Regional Planning Council has formed an action committee which to date has held one meeting Relevant Yes Objective 2 of the Housing Element is as follows: "Through the comprehensive planning process and the development of LDRs a code enforcement system to eliminate substandard housing, encouraging the rehabilitation or improvement of existing housing, while accounting for potentially historically significant housing will be established in LOR's. [9J- 5.010(3)(b)2], [9J-5.010(3)(b)51" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Adoption of Land Development 116 City of A ventura 2005 Evaluation and Appraisal Report Regulations that establishes a code enforcement system that will aid in eliminating substandard housing, encourages the rehabilitation of existing housing, and identifies potentially historically significant housing." The City has adopted regulations to implement this objective through Chapter 2 Administration Article V Code Enforcement and Chapter 31 Land Development Regulations Article VI Archaeological and Historic Landmarks. In order to further evaluate the City's success in achieving Objective H-2, a brief assessment of whether or not the supporting policies (H-2.1 and H-1.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table 1I\.D.2 below: Table III.D.2 Housin!!: Element Obiective H-2 Achievement Status Policv Policy H-2.1 A ventura does not contain any historically significant housing at this time, however, the City recognizes its responsibility to ensure that the quality, stability, and maintenance of the housing stock be addressed in the City's housing program. [9J- 5.01O(3)(c)31 Policy H-2.2 The following classifications will be used to determine the condition of the housing stock, once the condition of a structure is determined the appropriate conservation, rehabilitation and demolition strategy will be implemented. [9J- 5.010(3)(c)4] I. Good/Standard: Structure is in good state of repair; well painted; eaves, soffits and gutters are in a good state of repair; windows, doors, and exterior walls all in good condition. Slight Imnlemented? Yes, partially, because the Yes City does not contain any designated historically significant housing at present Relevant Yes, ongoing determinations being by Code Enforcement with Yes made 117 City of A ventura 2005 Evaluation and Appraisal Report defects can be repaired by the homeowner. 2. Minor Repair/Deteriorated: Structures needing paint; minor repair to roof, soffits, eaves or gutters required; minor repair to doors, windows or exterior walls required. These units have one (I) or more major defects which indicate a prolonged lack of regular maintenance and cannot usually be repaired by the homeowner. However, the repairs are still economically feasible to complete and rehabilitate the structure to the standard condition. 3. Major Repair/Dilapidated: Structures which appeared to need major repairs to roof, windows, doors, and exterior walls. These units possess one (I) or more critical defects which prevent the safe and adequate shelter of its occupants and providing no feasible alternative to demolition. 3. Objective H-3 Objective 3 of the Housing Element is as follows: "Due to the value of land, and the limited undeveloped land available within A ventura it is difficult to detennine the level of affordable housing sites that will be accessible, however, because of the uniform value of the land any affordable units provided will be distributed. There are no sites available for mobile homes. [9J-5.010(3)(b)3]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of affordable housing units." 118 City of A ventura 2005 Evaluation and Appraisal Report The affordable housing program is managed by Miami-Dade County since the City does not have one. According to the Shimberg Center for Affordable Housing, there are no public or assisted housing units in the City. Although the City does offer a range of housing types and costs but affordability is limited due to the fuct that the median sales price is $445,500 and the median gross rent is $1,256.00. Chapter II.B. further discusses the City's housing needs and options, and makes recommendations to improve the delivery of a full range of housing types affordable to all income groups. In order to further evaluate the City's success in achieving Objective H-3, a brief assessment of whether or not the supporting policies (H-3.\ and H-3.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.D.3 below: Table Ill.D.3 Housing Element Objective H-3 Achievement Status Poli.-v Policy H-3.1 Through implementation of the housing program, and establishment of the LDRs, appropriate criteria allowing diverse housing types will be developed, including the provision of services to support the housing stock through the concurrency management ordinance. A ventura is an urban area, therefore, there are no rural uses or need for farmworker households. [9J- 5.01O(3)(c)5] Policy H-3.2 Through implementation of the Future Land Use Plan and implementing LDRs sufficient densities are delineated to allow affordable housing. Due to the extent of existing development sites appropriate for affordable housing are limited. f9J-5.01O(3)(c)\Il Imnlemented? Relevant Yes, the LDRs allow a diversity of housing types Yes Yes, partially, due to the rising cost of housing affordable housing is limited Yes 119 City of A ventura 2005 Evaluation and Appraisal Report 4. Objective H-4 Objective 4 of the Housing Element is as follows: "Through the implementation of the Future Land Use Plan and the LDRs, adequate categories to allow group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services will be implemented by LDRs. [9J-5.0 I 0(3)(b)4]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Enactment of Land Development Regulations that allow group homes and foster care mcilities licensed or funded by the Florida Department of Health and Rehabilitative Services." Group homes, which are regulated by Chapter 419, F.S. are permitted in certain zoning districts. Additionally, other uses such as assisted living facilities, adult day care and nursing homes are allowed by Chapter 31 Land Development Regulations Article VII Use Regulations . In order to further evaluate the City's success in achieving Objective H-4, a brief assessment of whether or not the supporting policy (H-4.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.DA below: Table IILD.4 Housing Element Objective H-4 Achievement Statns Polic 1m lemented? PolicyH-4.1 Yes Through the implementation of the Future Land Use Plan and the LDRs, A ventura will encourage the establishment of group homes and foster care mc i1it ies in a manner consistent with Chapter 419, F.S. to guide the development of these licensed facilities in a non- discriminatory manner. Based on the concurrency management system adequate infrastructure and public facilities will be in lace. 9J-5.01O 3 c 6 Relevant Yes 120 City of A ventura 2005 Evaluation and Appraisal Report 5. Objective H-5 Objective 5 of the Housing Element is as follows: "In the event that the implementation of the housing program results in the elimination of substandard occupied housing the City of Aventura will provide relocation housing to those displaced, as necessary and required. [9J- 5.0 I 0(3)(b)6]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of relocation homes provided." The City does not have a housing or relocation program established. However, the Community Development Department will coordinate with the Miami-Dade County Housing Agency and Office of Community and Economic Development in order to facilitate assistance to displaced households. In order to further evaluate the City's success in achieving Objective H-5, a brief assessment of whether or not the supporting policy (H-5. I) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table II1.D.5 below: Table III.D.5 Housing Element Objective H-5 Achievement Status PoliMr ImDlemented? Relevant Policy H-5.1 No, not applicable Yes The City of Aventura will provide appropriate relocation housing for any displaced individuals. [9J-5.0 1O(3)(c)91 6. Objective H-6 Objective 6 of the Housing Element is as follows: "Upon plan adoption, and as part of the on-going formulation of the City of Aventura's operating policies and procedures, an affordable housing implementation program shall be maintained. [9J-5.0 1O(3)(b)7)]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Creation of housing implementation program consistent with the following policies." The City does not have a housing implementation program but will assist as needed with the Miami-Dade County programs. In order to further evaluate the City's success in achieving Objective H-6, a brief assessment of whether or not the supporting policies (H-6.1 and H-6.2) have been or are 121 City of A ventura 2005 Evaluation and Appraisal Report being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.D.6 below: Table IU.D.6 Housing Element Objective H-6 Achievement Status Poli.-v Implemented? Relevant Policy H-6.1 Yes, partially, Miami-Dade Yes Where applicable the City County is the coordinating will utilize, and in a agency coordination effort, encourage housing providers to utilize federal, state and county subsidy programs. [9J-5.0 1O(3)(c)71 Policy H-6.2 No, the City does not have a Yes DUe to the unusually high housing program and does property values, coupled not need to consider an with limited vacant land, inter local agreement but the City of Aventura's will assist Miami-Dade housing program may County as needed require the City to consider entering into an inter local agreement to provide a framework for the provision of affordable housing. [9J- 5.010(3)(c)10] 122 City of A ventura 2005 Evaluation and Appraisal Report III.E. Infrastructure Element Infrastructure Subsection I. Goal I, Objective I Objective I of the Infrastructure Element Infrastructure Subsection Goal I is as follows: "The City of Aventura shall continue to coordinate service to ensure the orderly and efficient provision of water and sewer services at adopted levels of service." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "New land uses not connected to public water supply." All land uses in the City are connected to the public water supply, and new uses require connection as per the City's land development regulations and Concurrency Management Program. In order to further evaluate the City's success in achieving Objective 11-1.1, a brief assessment of whether or not the supporting policy (11-1.1.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table 11 I.E. I below: Table 11I.E.l Infrastructure Element Objective 11-1.1 Achievement Status Policv Imnlemented? Relevant Po Iicy 11-1.1.1 Yes, all new uses are Yes All new uses within the connected to the public City shall be connected to a water supply. Also, there is public water supply. no area of the City where Except ions may be the density is less than two provided for residential uses units per acre. at a density no greater than two units per acre, where primary drinking water quality standards as specified in the Florida Administrative Code can be met without treatment and the groundwater is free from sahwater intrusion. 2. Objective 11-1.2 Objective 2 of the Infrastructure Element Infrastructure Subsection Goal I is as follows: "The City of Aventura shall continue to coordinate service with a provider who maintains procedures to ensure that any facility deficiencies are corrected and that adequate facility capacity will be available to meet future needs." 123 City of A ventura 2005 Evaluation and Appraisal Report For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Maintaining adopted levels of services." The City and its respective service providers (Miami-Dade County Water and Sewer, Solid Waste and Transit Departments and North Miami Beach Public Utilities) have ensured adequate facility capacity to meet the City's needs. Please see Policy CI-2.4 for the City's Level of Service Standards. In order to further evaluate the City's success in achieving Objective 11-1.2, a brief assessment of whether or not the supporting policies (11-1.2.1 through 11-1.2.6) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table I1I.E.2 below: T bl III E 2 1ft t EI t Ob' fIll 2 A b' t St t a e . n ras ruc ure emen ~.Iec lve - . c levemen a us Polil'V Imnlemented? Relevant Policy 11-1.2.1 Yes Yes To assure an adequate level of service, potable water and sanitary sewer facilities shall meet the level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the City of North Miami Beach, the City's current service orovider. Policy 11-1.2.2 Yes, delete reference to date Yes, with changes By 2000, the City of and refer to Miami-Dade A ventura shall explore the County Water and Sewer adopted levels-of-service Department as also for nonresidential flows reviewing LOS within the City. Policy 11-1.2.3 Yes Yes Except as provided by Objective 1 and the supporting policies, no development order authorizing new development or a significant expansion of an existing use shall be issued for any area of the City which is served bv a Dotable 124 City of A ventura 2005 Evaluation and Appraisal Report water or sanitary sewer facility which does not meet the standards in Policy 2.1 or will not meet these standards concurrent with the completion of the development. In any case where these federal, state, or county standards referenced in Policy 2.1 are revised, a reasonable time for compliance with the new standards shall be allowed. Policy 11- 1.2.4 Yes The provider shall maintain procedures and programs to monitor levels of service of each facility for use by agencies which issue development orders or oermits. Policy 11-1.2.5 Yes All wastewater treatment operations will comply with federal and state regulations for overflows. Policy 11-1.2.6 Yes The City shall continue to coordinate with a provider who shall continue the expansion of existing water and wastewater treatment plants to meet demand through the year 2015. Yes Yes Yes 3. Objective 11-1.3 Objective 3 of the Infrastructure Element Infrastructure Subsection Goal I is as follows: "The City of A ventura shall protect the health of its residents and preserve its environmental integrity by reducing the proportion of residences and commercial establishments within the City using private wastewater treatment fucilities. The City of Aventura, in conjunction with the Miami-Dade County shall discourage the new or continued use of such facilities through the strict application of the Plan and Land Development Regulations." 125 City of A ventura 2005 Evaluation and Appraisal Report For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "New land uses not connected to public sanitary sewer supply." The City does not allow new land uses that would not be connected to the public sanitary sewer collection system, and has not allowed any since the date of adoption. The City will prohibit new septic tanks. Also, change "supply" to "collection system". In order to further evaluate the City's success in achieving Objective 11-1.3, a brief assessment of whether or not the supporting policies (11-1.3.1 through 11- 1.3.3) have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table III.E.3 below: Table III.E.3 Infrastructure Element Objective 11-1.3 Achievement Status Policv 1m nlemented? Policy 11-1.3.1 Yes A ventura shall prohibit the use of septic tanks in soils that are not suitable for such use. Throughout the City, add it ional sept ic tanks should not be permitted for the disposal or discharge of industrial or other non- domestic waste nor should they be permitted where seasonally high water table will impair proper functioning. Septic tanks should be avoided where I private wells are in use. Policy 11-1.3.2 Yes Anywhere that the use of existing private wells, interim wastewater treatment p \ants, or septic tanks pose a threat to the public health or the environmental integrity of A ventura, the City shall assert its authority to require the connections to the public water supply or to the public sewer svstem. Relevant Yes, with changes to call for strategies to hook existing septic systems to central sewer, septic tanks should no longer be allowed in the City Yes 126 City of A ventura 2005 Evaluation and Appraisal Report Table III.E.3 Infrastructure Element Objective 11-1.3 Achievement Status cont. Poli"" Imnlemented? Relevant Policy 11-1.3.3 Yes Yes If the City determines that a septic tank( s) is/(are) degrading surface water and/or ground water the property owner shall obtain central sewer service within 90 days, unless otherwise approved by the City Commission. 4. Objective 11-1.4 Objective 4 of the Infrastructure Element Infrastructure Subsection Goal I is as follows: "The City shall develop and implement a comprehensive water conservation program to ensure that a sufficient, economical supply of fresh water is available to meet current and future demand for potable water without degrading the environment." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Reduce per capita water consumption by 10% by 2005." Information that would allow precise measurement of this Objective specific to the City does not exist. However, Miami-Dade County's 2003 Comprehensive Development Master Plan Evaluation and Appraisal Report indicates that gallons per capita per day has declined in the County from 179 in 1995 to 159 in 2002, an II percent decrease. Due to this being a more regional issue, the Miami-Dade Water and Sewer Department through Chapter 32 Water and Sewer Regulations, the Miami-Dade County Department of Environmental Resources Management through Chapter 24 Environmental Protection and the South Florida Water Management District have set goals to reduce per capita water consumption. The City promotes strategies to reduce water consumption through its land development regulations, public information programs, and ongoing coordination with these agencies. Moreover, the Florida Building Code requires water conserving fixtures. Update refurence to date. In order to further evaluate the City's success in achieving Objective 11-1.4, a brief assessment of whether or not the supporting policies (11-1.4.1 through 11-1.4.3) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.E.4 below: 127 City of A ventura 2005 Evaluation and Appraisal Report Table III.E.4 Infrastructure Element Objective 11-1.4 Acbievement Status Poli"" Policy 11- 1.4.1 The City's newsletter shall be used to promote an educational program for residential, commercial and industrial consumers which will discourage waste and conserve water. Policy 11- 1.4.2 Enforce requirements, and establish new requirements and procedures as needed, to assure that low water usage plumbing fixtures are used in all new buildings or in conjunction with permitted renovations in accord with the South Florida Building Code, Miami-Dade County addition, as may be amended from time to time, and the Florida's Water Conservation Act, Section 553.14, F.S. Improved procedures for plumbing inspections and mechanisms for approving products for installation shall be considered by the City's Building Division. Policy 11- 1.4.3 The City of Aventura Community Services Department shall take all necessary steps to ensure compliance with the City's landscape regulations, and shall establish mechanisms to monitor and measure the effectiveness of the ordinance and its major provisions. Imnlemented? Yes Yes, thorough the City's Building Department, Miami-Dade County and the Florida Building Code Yes, thorough Chapter 31 Land Development Regulations Article X Landscaping Requirements 128 Relevant Yes Yes, update South Florida Building Code to Florida Building Code Yes City of A ventura 2005 Evaluation and Appraisal Report 5. Objective 11-1.5 Objective 5 of the Infrastructure Element Infrastructure Subsection Goal I is as follows: "The City of Aventura shall undertake timely efforts to expand traditional sources of raw water and develop new raw water sources to meet the City's level of service standards for water supply." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Implementation or utilization of reused water, should it become available." To date, there has been no reuse of gray water by either public or private entities within the City. The City should encourage Miami-Dade County and the South Florida Water Management District to expand such programs. In order to further evaluate the City's success in achieving Objective 11-1.5, a brief assessment of whether or not the supporting policies (11-1.5.1 and 11-1.5.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.E.5 below: Table III.E.5 Infrastructure Element Objective 11-1.5 Achievement Status Policv Imnlemented? Policy 11-] .5. ] Yes The City of Aventura shall encourage, Miami-Dade County in the development of its future potable water supplies, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, and comply with the land use and environmental protection policies of the Miami-Dade County CDMP, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan. Relevant Yes 129 City of A ventura 2005 Evaluation and Appraisal Report Po Iicy II -1.5.2 Yes Yes When reclaimed water becomes available, the City shall consider its use on public and private properties. Currently, the Miami-Dade Water and Sewer Department is responsible for implementing any reuse that is deemed by the County to be economically feasible. 6. Goal 2, Objective 1 Objective I of the Infrastructure Element Infrastructure Subsection Goal 2 is as follows: "Protect ground and surface water resources from degradation, provide for effective surveillance for pollution and clean up polluted areas to meet all applicable federal, State and County ground and surface water quality standards." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Continuation of the Stormwater Utility Program." The City maintains involvement in the County's Stormwater Utility Program, in compliance with this Objective. In order to further evaluate the City's success in achieving Objective I, a brief assessment of whether or not the supporting policies (11-2.1.1 and 11-2.1.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table IIl.E.6 below: Table III.E.6 Infrastructure Element Objective 11-2.1 Achievement Status Poliev Imnlemented? Relevant Policy 11-2.1.1 Yes, ongoing through Yes Aventura's Stormwater Stormwater Drainage Utility Program shall fund Projects in the City's the identification and Capital Improvements retrofitting of deteriorated Program storm sewer systems and positive outfulls and the proper maintenance of stormwater systems. 130 City of A ventura 2005 Evaluation and Appraisal Report Table III.E.6 Infrastructure Element Objective 11-2.1 Achievement Status cont. Polirv Imnlemented? Relevant Policy 11-2.1.2 Yes, through the City and Yes By 2003, industries and DERM. Delete date as businesses which generate ongoing and/or handle more than fifty (50) gallons of hazardous industrial wastes per year shall be identified and monitored. Coordination among agencies that require reporting of hazardous wastes shall be imoroved. 7. Goal 2 Objective 2 Objective 2 of the Infrastructure Element Infrastructure Subsection Goal 2 is as follows: "The aquifer recharge and water storage capacity of presently undeveloped areas shall be maintained or increased. Additionally, the City shall protect against environmental damage such as altering hydrocycles." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Post-development surface runoff rate not to exceed pre-development surface runoff rate of discharge." The City's land development regulations include pervious area, landscape, retention and drainage requirements and standards to ensure that this Objective is met. In order to further evaluate the City's success in achieving Objective 11-2.2, a brief assessment of whether or not the supporting policies (11-2.2.1 through 11-2.2.4) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table 1l1.E.7 below: Table III.E.7 Infrastructure EIemeut Objective 11-2.2 Achievement Status Polirv Imnlemented? Relevant Policy 11-2.2.1 Yes, through the City's Yes The aquifer-recharge values Chapter 31 Land of wetland areas shall be Development Regulations maintained and, where and DERM Chapter 24 feasible, enhanced or restored. 131 City of A ventura 2005 Evaluation and Appraisal Report Table III.E.7 Infrastructure Element Objective 11-2.2 Achievement Status cont. Policy Policy II-2.2.2 All future development and redevelopment shall use retention, infiltration and detention systems to retain to the maximum extent feasible, the full runoff from a one in five year storm and minimize the use of impermeable surfaces. In the event that an emergency overflow is provided, a minimum of the first inch of runoff shall be retained on- site. Exceptions to the first inch criteria will be reviewed on a case-by-case basis. Policy 11-2.2.3 Water conserving irrigation and other landscape practices such as Xeriscape shall be used wherever feasible. Through its site and landscape reviews, A ventura shall ensure that appropriate native and xeriscape plant materials are used, particularly where public water is used to water lawns, golf courses and landscaped green spaces. Policy 11-2.2.4 The City shall consider participation in water reuse demonstration projects that are developed. 8. Goal 2 Objective 3 ImnJemented? Yes, through the City's Yes Chapter 31 Land Development Regulations and DERM Chapter 24 Relevant Yes, through the City's Yes Chapter 3 I Land Development Regulations Article X Landscape Requirements, Miami-Dade County Chapters J 8A Landscape Ordinance and 24 Environmental Protection and the South Florida Water Management District No, not currently, see Yes Objective 11-1.5 Objective 3 of the Infrastructure Element Infrastructure Subsection Goal 2 is as follows: "Aventura shall continue to develop and implement stormwater master plans, identitY and 132 City of A ventura 2005 Evaluation and Appraisal Report eliminate system deficiencies in City maintained drainage facilities; coordinate the extension of facilities to meet future demands throughout the City; and maintain and improve water quality." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Water quality elimination of deficiencies, maintaining levels of service." The City through the County Stormwater Management Program continues to eliminate any existing deficiencies. In furtherance of this objective, the City has $ 1.6 million worth of improvements scheduled in the 2004-2009 Capital Improvement Program. In order to further evaluate the City's success in achieving Objective 11-2.3, a brief assessment of whether or not the supporting policies (11-2.3.1 and 11-2.3.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.E.8 below: Table IILE.8 Infrastructure Element Objective 11-2.3 Achievement Status Polino Imnlemented? Relevant Policy 11-2.3.1 Yes Yes The Stormwater Management (Drainage) Level of Service (LOS) standards for A ventura contains both a Flood Protection (FP) and Water Qualitv (WQ) component. Policy 11-2.3.2 Yes, through the Yes The City of Aventura shall Stormwater Management work with Miami-Dade Program County and the South Florida Water Management District to better identifY the developed urban areas within the City that do not have protection from a one in ten year storm. 9. Goal 2, Objective 4 Objective 4 of the Infrastructure Element Infrastructure Subsection Goal 2 is as follows: "Aventura shall protect and preserve the biological and hydrological functions of the wetlands identified in the Land Use Element. Future impacts to the biological functions of publicly and privately owned wetlands shall be mitigated. Publicly acquired wetlands shall be restored and managed for their natural resource, habitat and hydrologic values." 133 City of A ventura 2005 Evaluation and Appraisal Report For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of acres and condition of identified wetlands." The City contains approximately 35 acres of wetlands which are considered to be in good condition. In order to further evaluate the City's success in achieving Objective 11-2.4, a brief assessment of whether or not the supporting policies (11-2.4.1 and 11-2.4.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.E.9 below: Table III.E.9 Infrastructure Element Objective 11-2.4 Achievement Status Policv Imnlemented? Policy 11-2.4.1 Yes The degradation or destruction of wetlands shall be limited to activities that I) are necessary to prevent or eliminate a threat to public health, safety or welfare; or 2) are water dependent, clearly in the public interest and no other reasonable alternative exists or; 3) are carried out in accordance with an approved basin management plan or; 4) are in areas that have been highly disturbed or degraded and where restoration of a wetland with an equal or greater value in accordance with federal, State and local regulations is feasible. Habitats critical to endangered or threatened species shall not be destroyed. Relevant Yes 134 City of A ventura 2005 Evaluation and Appraisal Report Table III.E.9 Infrastructure Element Objective 11-2.4 Achievement Status cont. Poli"" Imnlemented? Relevant Policy 11-2.4.2 Yes Yes Off-road vehicles shall not be allowed in publicly owned and managed wetlands identified in the adopted Land Use Element unless there are permitted facilities or areas specified for their use. 10. Aquifer Recharge Subsection, Objective 1 Objective I of the Infrastructure Element Aquifer Recharge Subsection is as follows: "The City shall support the efforts of the County to identifY significant ground water resources and protect them through land use controls, public acquisition, easements or other appropriate methods." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Aquifer water quality." The Miami-Dade County DERM and the South Florida Water Management District monitor aquifer water quality. According to the Miami-Dade County EAR, the NorwoodlOffler wellfield, the closest wellfield to the City of A ventura, met water quality health based drinking water standards for approximately 99.7 percent of the laboratory samples collected (45 exceedances out if 15,014 samples collected between 1995 and 2002). The 45 exceedances were due to high iron content. In order to further evaluate the City's success in achieving Objective IAR-I, a brief assessment of whether or not the supporting policies (IAR-1.l through IAR-1.4) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.E.IO below: Table III.E.I0 Infrastructure Element Objective JAR-I Achievement Status Policv Imnlemented? Relevant Policy IAR-1.l Yes, through Miami-Dade Yes The City shall implement a County and SFWMD program to monitor groundwater supply conditions in conjunction with the County and the South Florida Water Manal1ement District. 135 City of A ventura 2005 Evaluation and Appraisal Report Table III.E.IO Infrastructure Element Objective IAR-l Achievement Status cont. Polit"V Policy IARl.2 The City, in conjunction with Miami-Dade County, shall develop and adopt minimum environmental standards regarding: prime recharge area protection, water table manipulation, and wellfield drawdown standards. Policy IAR-1.3 The City shall institute a comprehensive program responsible for educating businesses and residents of: the County's current water conservation policies, the fragility of the aquifer, methods to reuse and conserve water, well abandonment problems and rules, and benefits of drought resistant plants I (xeriscape). Policy IAR- 1.4 The City shall adopt po Iicies to protect the Biscayne aquifer. These shall include policies which address: 1. Public wellfield and landfill siting 2. Siting of industrial land uses which use hazardous materials or generate hazardous waste 3. Siting of hazardous waste collection facilities for households. 4. Additional protection of the aquifer from saltwater intrusion 5. If necessarv, support the ImnIemented? Yes, through Miami-Dade County and SFWMD Yes, with the assistance of programs created by Miami-Dade County and the SFWMD Yes, through Chapter 3 I Land Development Regulations and policies adopted by Miami-Dade County particularly in Chapter 24 Environmental Protection and other chapters generally 136 Relevant Yes Yes Yes City of A ventura 2005 Evaluation and Appraisal Report expansion of the Hazardous Material Emergency Response Team 11. Solid Waste Subsection Objective 1 Objective I of the Infrastructure Element Solid Waste Subsection is as follows: "The City shall ensure that the public health, sanitation and environmental protection will be maintained by continuing to franchise with private haulers for areas of the City currently being served by private haulers." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Availability of solid waste service for every business and residence." The majority of all businesses and residences within the City are served by private waste haulers, as per the Concurrency Management Program, land development regulation, and Code of Ordinances. The exceptions are the Hospital District and Country Club Estates. In order to further evaluate the City's success in achieving Objective ISW-I, a brief assessment of whether or not the supporting policies (ISW-l.l and ISW-1.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.E.II below: Table III.E.11 Infrastructure Element Objective ISW-l Achievement Status Policv Imnlemented? Relevant Policy IS W-l.l No, because the majority of Yes, the Study is on-going. By 2000, in order to serve the City is served by private Change the date referenced the residents of A ventura in waste haulers, exceptions in the Policy to 2008. a more efficient manner the are the Hospital District and City shall study and Country Club Estates. consider assuming the responsibility of solid waste services that are currently being serviced by Miami- Dade Countv. 137 City of A ventura 2005 Evaluation and Appraisal Report Table III.E.ll Infrastructure Element Objective ISW-l Achievement Status cant. Policv Policy ISW-1.2 The County Solid Waste Management System, which includes County-owned solid waste disposal facilities and those operated under contract with the County for disposal, shall, for a minimum of five (5) years, collectively maintain a solid waste disposal capacity sufficient to accommodate waste flows committed to the system through long-term interlocal agreements or contracts with municipalities and private waste haulers, and anticipated non-committed waste flows. Aventura will adopt the LOS established by Miami-Dade County at a minimum disposal capacity of five (5) years, based upon a total waste generation of seven (7) pounds per person per day. Imolemented? Yes, also see the October 2004 Cycle Applications to Amend the Miami-Dade County Comprehensive Plan and the Capital Improvements Element for more details about the City's concurrency management program. Yes 138 Relevant City of A ventura 2005 Evaluation and Appraisal Report III.F. Capital Improvements Element 1. Objective CI-l Objective 1 of the Capital Improvements Element is as follows: "Upon adoption of this Plan, the Capital Improvements Element (CIE) shall provide for necessary replacement of existing facilities, upgrading of facilities when necessary to maintain adopted level of service (LOS) standards, and for new facility investments which are needed and affordable. [9J-5.016(3)(b)l)" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Adoption of CIE which replaces or upgrades existing facilities and maintains the adopted level of service standards." The Capital Improvements Element through the Capital Improvement Program, which is updated annually, provides a long-term (5-year) plan of proposed capital expenditures ($14.3 million for the 2005/20 I 0 CIP period), the means and methods of financing and a schedule of priorities for implementation. One of the goals is to maintain the adopted LOS Standards. In order to further evaluate the City's success in achieving Objective CI-I, a brief assessment of whether or not the supporting policies (CI-1.1 through CI-1.5) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table Ill.F.l below: Table III.F.l Capital Improvements Element Objective CI-l Achievement Status Policv Imnlemented? Relevant Policy CI-1.1 Yes, ongoing Yes Capital expenditures identified in elements of the Comprehensive Plan in excess of $50,000 will be inc luded in the Five-year Schedule of Improvements of this Element. Policy CI-1.2 Yes, ongoing Yes The City will continue to adopt an annual capital budget which contains the projects from the Five-year Schedule of Improvements for the corresponding year. [9J-5.0 16(3)( c)7] 139 City of A ventura 2005 Evaluation and Appraisal Report Table III.F.l Capital Improvements Element Objective CI-l Achievement Status cont. Poli"" Policy CI- I.3 A ventura will manage its long-term general obligation debt in such a manner that the ratio of the debt service millage to the City millage does not exceed 10 percent. [9J- 5.016(3)1 Policy CI- 1.4 In planning for and implementing its in frastructure needs, Aventura will give explicit recognition to the requirements of new or expanded public educational and health facilities. Policy CI- 1.5 By 2001, the City of A ventura shall conduct a feasibility study to consider the location of a multi- purpose public facility in the north area of the City. The facility is envisioned to be a joint use facility, which may include a public works storage and maintenance area, shelter and public park. Said park is to be designed to afford its use as a staging area in case of a natural disaster, including major storms and hurricanes. 2. Objective CI-2 Imnlemented? Yes Yes, ongoing Yes, partially, delete reference to 200 I Waterways Park could stage but has no public works facilities. Since the majority of the City's public works are contracted to private sources, they are not necessary. Relevant Yes Yes Yes, with changes to reflect the fact that public works facilities are not needed. Objective 2 of the Capital Improvements Element is as follows: "Upon adoption of this Plan land use decisions will be made in the context of available fiscal resources such that 140 City of A ventura 2005 Evaluation and Appraisal Report scheduling and providing capital facilities for new development will not degrade adopted service levels. [9J-5.0l6(3)(b)(4)]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Land use decisions made that do not degrade service levels." Pursuant to Rule 9J-5 no land use decisions shall be made which would degrade the adopted service levels. The City has not approved any such applications. The City continues to have the fiscal resources available to provide any needed capital facilities. Delete "Upon adoption of this plan." In order to further evaluate the City's success in achieving Objective CI-2, a brief assessment of whether or not the supporting policies (CI-2.1 through CI-I.4) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.F.2 below: Table III.F.2 Capital Improvements Element Objective CI-2 Achievement Status PoliMl Policy CI-2.1 The capital facilities and infrastructure implications of land use and development plan implementation will be analyzed and set forth with attention to the following: a) safety improvements and elimination of hazards; b) elimination of below- standard conditions and capacity deficits; c) demonstrated linkage between projected growth' and facility service area; d) trade-off between supporting new growth or redevelopment; e) financial feasibility, including operating costs; f) coordination with the capital programming of other public agencies; and g) contractual and/or mandated oblil!;ations. Imnlemented? Yes, ongoing Relevant Yes 141 City of A ventura 2005 Evaluation and Appraisal Report Table III.F.2 Capital Improvements Element Objective CI-2 Achievement Status cont. Policv Policy CI-2.2 Service and facility impacts of new development must be identified and quantified so that sufficient public facilities will be planned and programmed to be available when needed. All development orders authorizing new, or significant expansion of existing urban land uses, shall be cont ingent upon the provision of services at the levels of service which meet or exceed the adopted LOS standards except as otherwise provided in the concurrency management system of the CIE. [9J-5.016(3)(c)61 Policy CI-2.3 Development Orders that were reviewed for concurrency and approved, by Miami-Dade County, prior to the adoption of this Comprehensive Plan shall be considered vested unless or until such a determination expires. [9J-5.0 I 6(3)( c )51 Imolemented? Yes, ongoing Yes, ongo ing, the City after incorporating vested development orders which had received prior development approvals from Miami-Dade County and has a listing of such properties 142 Relevant Yes Yes City of A ventura 2005 Evaluation and Appraisal Report Table III.F.2 Capital Improvements Element Objective CI-2 Achievement Status cont. Policv Policy CI-2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: Potable Water Supply, Minimum Fire Flow, Land Use Gallons per Minute, Sanitary Sewer, Solid Waste, Traffic Circulation, Mass Transit, Parks and Recreation, Drainage, Pollutant Target Criterion, Police Protection, Fire Protection. 19J-5.0 16(3)(c)4] 3. Objective CI-3 Imnlemented? Yes, the 2005/2010 CIP has five functional categories for projects which include any capital improvements for meeting any levels of serv ice Relevant Yes, see Chapter 11.0. and II.E. and IV., Financial Feasibility and Levels of Service, for documentation of how the City has met its adopted Level of Service standards Objective 3 of the Capital Improvements Element is as follows: "Future development will be permitted only when the adopted level of service standards for those services listed in the CIE will be upgraded or maintained at adopted levels of service assuring that adequate fiscal resources are made available including, the proportionate cost of improvements necessitated by the development. [9J-5.016(3)(b)3]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Maintenance of adopted levels of service." As stated previously, the City has the fiscal resources for maintaining the adopted levels of service required for new development. The City is meeting its adopted Level of Service standards for all services. Please see Chapter 11.0. and II.E. and IV., "Financial Feasibility and Levels of Service Standards", for more information about how the City has met its adopted Level of Service standards. In order to further evaluate the City's success in achieving Objective CI-3, a brief assessment of whether or not the supporting policy (CI-3.1) has been or is being 143 City of A ventura 2005 Evaluation and Appraisal Report implemented and its continued relevance was conducted. A summary of this analysis is provided in Table I1I.F.3 below: Table ID.F.3 Capital Improvements Element Objective CI-3 Achievement Status Policv Imnlemented? Relevant Policy CI-3.1 Yes, fund ing mechanisms Yes Appropriate funding are in place mechanisms will be adopted and applied by A ventura in order to assure the fiscal resources to maintain acceptable levels of service. Such funding mechanisms include impact fees, user fees, special tax districts, general obligation bonds, and special purpose authorities, or others as appropriate and feasible. I [9J-5.016(3)(c)81 4. Objective CI-4 Objective 4 of the Capital Improvements Element is as follows: "Annually, the City will prepare a five-year Capital Improvement Program (CIP) analyzing all anticipated capital expenditures and identifYing associated funding sources. [9J-5.016(3)(b)1 & 4]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Preparation of annual Capital Improvements Program in conformity with the adopted policies." The City annually prepares and adopts its Capital Improvements Program in compliance with this Objective. The annual CIP (current 2005/2010) has anticipated the needs for capital expenditures and identified all funding sources and plans. Please see Chapter IV., Financial Feasibility and Level of Service Standards", for more information about the City's Capital Improvements Program. In order to further evaluate the City's success in achieving Objective CI-4, a brief assessment of whether or not the supporting policies (CI-4.1 through CI-4.5) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table I1I.FA below: 144 City of A ventura 2005 Evaluation and Appraisal Report Table III.F.4 Capital Improvements Element Objective CI-4 Achievement Status Policv Imnlemented? Relevant Policy CI-4.1 Yes, ongoing Yes Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital Improvement Program update process. f9J-5.0l6(3)(c) 11 Policy CI-4.2 Yes Yes The City will perform all capital improvements in accordance with an adopted Capital Improvement Prog;ram. Policy CI-4.3 Yes Yes The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one year and a value of $2,500 or more, or for office eQuipment $500 or more. Policy CI-4.4 Yes Yes The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs assoc iated with new capital improvements will be projected and included in the operating; forecasts. 145 City of A ventura 2005 Evaluation and Appraisal Report Table III.F.4 Capital Improvements Element Objective CI-4 Acbievement Status cont. Policv Imolemented? Relevant Policy CI-4.5 Yes Yes The first year of the five- year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. Policy CI-4.6 Yes Yes The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. [9J- 5.016(3)(c)31 Policy CI-4.7 Yes Yes The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. [9J-5.0 16(3)(c)91 Policy CI-4.8 Yes Yes The City will determine the most appropriate financing method for all new proiects. Policy CI-4.9 Yes Yes If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for fmancing capital proiects. 146 City of A ventura 2005 Evaluation and Appraisal Report Table III.F.4 Capital Improvements Element Objective CI-4 Achievement Status cont. Policv Imolemented? Relevant Policy CI-4. I 0 Yes Yes The City will maintain ongoing maintenance schedules relating to road, sidewalk, drainage and utility system improvements. Policy CI-4. I I Yes Yes The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. Policy CI-4. I 2 Yes Yes A CIP preparation calendar shall be established and adhered to. Policy CI-4. I 3 Yes Yes Capital projects will conform to the City's Comprehensive Plan. Policy CI-4. 14 Yes Yes Long-term borrowing will not be used to fund current operations or normal maintenance. Policy CI-4.l5 Yes Yes The City will strive to maintain an unreserved general fund balance at a level not less than 7.5% of the annual general fund revenue. 147 City of A ventura 2005 Evaluation and Appraisal Report Table III.F.4 Capital Improvements Element Objective CI-4 Achievement Status cont. Policv Imnlemented? Relevant Policy CI-4.16 Yes Yes If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid-year budget amendments will be utilized to provide formal budgetary authority. In addition, budget amendments may be utilized to increase appropriations for special caoital oroiects. 5. Concurrency Management System Subsection The Growth Management Act requires local governments to amend its land development regulations to incorporate specific and detailed provisions which shall provide that public facilities and services meet or exceed the LOS standards established in the Plan's Capital Improvements Element and are available when needed for the development. The City of Aventura shall enact by ordinance, a concurrency management system which accomplishes the statutory requirements. Administration of the required program involves the establishment of methods and capabilities to monitor outstanding development commitments and service demands posed by such commitments, plus the existing, programmed and projected capacities of all pertinent urban service facilities or systems. The City has enacted a concurrency management system which meets and exceeds the statutory requirements. Please see Chapter IV., "Financial Feasibility and Levels of Service", for more information. Table III.F.5 Capital Improvements Element Concurrency Management System Subsection Achievement Status Imnlemented? Relevant Concurrency Management Yes, ongoing Yes Svstem ]48 City of A ventura 2005 Evaluation and Appraisal Report Ill.G. Intergovernmental Coonlination Element 1. Objective IC-l Objective I of the Intergovernmental Coordination Element is as follows: "Maintain and improve coordination of planning, development and impact assessment among governmental entities with applicable responsibilities." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number and significance of comments made to and responses received from reviewing agencies in conjunction with review of amendments to the Aventura Comprehensive Plan and the comprehensive plans of the other entities. Usage of informal or formal mediation when necessary to resolve disputes." The City has in place the mechanisms for coordination with loca~ county and regional agencies such as Miami-Dade County and the South Florida Regional Planning Council, and receives and make comments on an on-going basis. The City has never had an amendment turned down due to review agency comments. The processes have served the City well during the planning period. In order to further evaluate the City's success in achieving Objective IC-I, a brief assessment of whether or not the supporting policies (IC-I.l through IC-J.\6) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.G.I below: Table Ill.G.l Intergovernmental Coonlination Element Objective IC-l Achievement Status Policv Imnlemented? Relevant Po Iicy I C- J.\ Yes Yes Make full use of the coordination mechanisms built into the intergovernmental review and comment provisions of the Local Government Comprehensive Planning and Land Development Regulations Act to seek consistency between the A ventura Comprehensive Plan and the local comprehensive plans of adjacent Miami-Dade municipalities of North 149 City of A ventura 2005 Evaluation and Appraisal Report Miami Beach, Sunny Isles Beach and Golden Beach; Broward, and Miami-Dade Counties; and the adjacent municipality of Hallandale, within Broward County. Po licy I C-\.2 A ventura shall consider compatibility with adopted land use plans of adjacent municipalities as a fuctor in reviewing proposed changes to the Aventura Future Land Use Plan map or to a municipal plan. Policy IC-1.3 Provide for County-city and city-city exchange of notification and information of requests for change of zoning within the vicinity of the unincorporated area and other municipal boundaries. Policy IC-\.4 Make use of informal or formal mediation processes when possible to resolve disputes arising from amendments to the Aventura's Comprehensive Plan. Policy IC-\.5 Encourage the development of a regional forum to address the needs and strategies for providing and developing public services and fucilities as well as to enable intergovernmental review of regionally significant public facilities which involve locally unwanted land uses. Yes Yes Yes, regional planning counc il process in p lace but to date has not been utilized by the City Yes, through Miami-Dade County and the South Florida Regional Planning Council 150 Yes Yes Yes Yes City of A ventura 2005 Evaluation and Appraisal Report Table III.G.t Intergovernmental Coordination Element Objective IC-t Achievement cont. Policv Imolemented? Relevant Policy IC-\.6 Yes, partially, Special Yes Support the establishment Transportation System of a coordinated regional established by the County transit system for the but is not truly regional in transportation nature and would be within disadvantaged. the purview of Miami-Dade Transit Policy IC-\.7 No, the South Florida Yes A ventura shall work Regional Planning Council cooperatively with other has created a committee to local governments to complete a Regional identitY opportunities for Affordable Housing affordable housing. Strategv Policy IC-I.S No, local affordable Yes Encourage the housing program funding establishment of joint cycles would be funding cycles for federal, coordinated by Miami-Dade state and local affordable County housing programs. Policy IC-\.9 Yes, ongoing Yes The City of Aventura shall coordinate its plans with the Miami-Dade County School Board and other units of local government providing services but not having regulatory authority over the use of land. Policy IC-1.10 Yes, ongoing Yes The City of A ventura shall coordinate any and all spoil disposal sites with Miami- Dade County, the South Florida Water Management District, the Army Corps of Engineers, or any other entity involved with the designation of new dredge spoil disposal sites. 151 City of A ventura 2005 Evaluation and Appraisal Report Table III.G.l Intergovernmental Coordination Element Objective IC-l Achievement cont. Polin' Policy IC-l.ll The City shall establish jo int planning areas in coordination with Miami- Dade County and adjacent municipalities prior to initiating the process of annexing new land into the City or changing Aventura's municipal boundaries. Policy IC-1.I2 The City shall coordinate the siting of municipal facilities of countywide significance (including those mcilities typically considered to be locally unwanted land uses) with Miami-Dade County, adjacent municipalities, and other relevant federal, state and local governmental agencies. Policy IC- 1.13 The City shall provide notice of Comprehensive Plan amendments, zoning changes, variances to the City's Land Development Regulations, special exceptions or other land use approvals requiring a public hearing to owners of record of real property and adjacent local governments in a manner consistent with the requirements of the City's Land Development Regulations without regard to municioal boundaries. Imnlemented? No, no new annexation requests have been initiated by the City but would be coordinated with Miami- Dade County pursuant to Chapter 20 Annexa/ions and IncOIpora/ions Yes Yes, public notices are sent to owners of record within a radius of 300 feet and to adjacent local governments. 152 Relevant Yes Yes Yes City of A ventura 2005 Evaluation and Appraisal Report Table In. G.! Intergovernmental Coordination Element Objective IC-! Achievement cont. Policv Policy IC-1.I4 The City shall continue to identifY those zoning districts in its Land Development Regulations in which public schools are an allowed use, and shall add, delete or modify zoning districts in a manner as to promote the compatibility of public schools across the broadest possible spectrum of zoning classifications. Policy IC-I.IS The City shall encourage the establishment of new public schools within its boundaries by promoting the dedication of land and infrastructure by of residential and nonresidential land, and will actively consult with the Miami-Dade County School District during the process of dedication to maximize the benefits of dedication to the school district while minimizing costs to the developer. Policy IC-1.I6 The City shall enter into cooperative agreements with adjacent jurisdictions and the providers of urban services within the City where such arrangements are agreeable to both parties and beneficial to the equitable and efficient delivery of services. Imnlemented? Yes, the City has identified those districts in Chapter 31 Land Development Regulations Article VII Use Regulations Yesthe City established the Aventura City of Excellence Charter School in 2003. The school currently includes an elementary school with a middle school wing under construction. The middle school site was obtained from a private developer via development incentives. Yes 153 Relevant Yes Yes Yes City of A ventura 2005 Evaluation and Appraisal Report 2. Objective IC-2 Objective 2 ofthe Intergovernmental Coordination Element is as follows: "Coordinate with local, regional, and state entities with responsibilities in the establishment of Level of Service standards." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Continued use of Level of Service Standards as contained in the Capital Improvements Element of the Aventura Comprehensive Plan until properly amended." The City continues to coordinate with the appropriate agencies which have established the levels of service and continues to utilize those standards, and uses the Level of Service standards contained in the Capital Improvements Element. Please see Chapter IV., "Financial Feasibility and Levels of Service", for more information. In order to further evaluate the City's success in achieving Objective IC-2, a brief assessment of whether or not the supporting policies ([C-2.1 and IC-2.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.G.2 below: Table III.G.2 Intergovernmental Coordination Element Objective IC-2 Achievement Status PoliMT Imnlemented? Relevant Policy ICI-2.1 Yes Yes A ventura shall continue to establish Level of Service standards for local services. Policy IC-2.2 Yes, in coordination with Yes Impacts on facilities of Miami-Dade County and state, regional and Miami-Dade County Public municipal governments Schoo Is shall be included in impact fee ordinances which may be established by A ventura. These impact fees shall be applied to those geographic areas which will benefit from the facilities funded by the fees. The areas which each impact fee shall apply, shall be determined by the City Commissioners at the time said fee is established. 154 City of A ventura 2005 Evaluation and Appraisal Report 3. Objective IC-3 Objective 3 of the Intergovernmental Coordination Element is as follows: "Encourage the use of interlocal agreements and municipal boundary changes to improve coordination of local development and the effective and efficient delivery of local services." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of interlocal agreements which improve coordination for municipal services." The City has a total of 25 interlocal agreements, including mutual aid agreements, transit agreements, School Board agreements, and stormwater utility agreements. In order to further evaluate the City's success in achieving Objective IC-3, a brief assessment of whether or not the supporting policies (IC-3. I through IC-3.3) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.G.3 below: Table III.G.3 Intergovernmental Coordination Element Objective IC-3 Achievement Status Policv Imnlemented? Relevant Policy ICI-3. I Yes, ongoing Yes Promote the use of County- City inter local agreements to provide for extra jurisdictional service deliveries where efficiency and effectiveness can be enhanced. Policy IC-3.2 Yes, ongoing Yes Encourage the establishment of formal agreements among the necessary governmental bodies to implement coordinated planning for the development of public facilities and services. Policy IC-3.3 Yes, ongoing Yes Development activities shall adhere to the guidelines, policies and provisions of applicable inter local agreements. 155 City of A ventura 2005 Evaluation and Appraisal Report 4. Objective IC-4 Objective 4 of the Intergovernmental Coordination Element is as follows: "Ensure adequate and timely shelter within the region for those residing in hurricane evacuation areas." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Continued participation by City Departments in regional planning meetings that address emergency management issues." The City continues to participate in emergency management meetings at the county and regional levels. Additional coordination is needed. See Chapter III.C. for more information. In order to further evaluate the City's success in achieving Objective IC-4, a brief assessment of whether or not the supporting policies (IC-4.1 through IC-4.4) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.GA below: Table III.G.4 Intergovernmental Coordination Element Objective IC-4 Achievement Status Policv Imolemented? Relevant Policy ICI-4. I Yes, FOOT has established Yes Encourage local electronic messaging along governments and federa~ certain regional corridors state and regional agencies such as 1-95 to protect the population by developing a system of emergency communication on roadways. Policy IC-4.2 Yes, ongoing, over 25 Yes Promote the establishment inter local agreements have and maintenance of mutual been established aid agreements among local governments to protect the I population. 156 City of A ventura 2005 Evaluation and Appraisal Report Table III.G.4 Intergovernmental Coordination Element Objective IC-4 Achievement Status cont. Policv Imnlemented? Relevant Policy IC-4.3 Yes, through Miami-Dade Yes Encourage local, regional, County Department of state and federal agencies Emergency Management and organizations to work together in evaluat ing the existing criteria for designating places for shelter. Such criteria should include but not be limited to: locations of shelter; structural integrity of shelter; space provided per person; and availability of essential provisions. Policy IC-4.4 Yes, through Miami-Dade Yes Promote the coordination County Department of by federal, state and Emergency Management regional agencies of a public information and awareness program concerning various types of hazards and appropriate response. 157 City of A ventura 200S Evaluation and Appraisal Report III.H. Conservation and Coastal Management Element 1. Coastal Management Objective 1 Objective I of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "The City will continue to meet or exceed the minimum air quality standards established by the Department of Environmental Protection. [9J- S.0I3(2)(b)I]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Maintenance or improvement of air quality within the Miami-Fort Lauderdale air shed." Miami-Dade County's Department of Environmental Resources Management has established 14 air monitoring stations throughout the County. As noted in Miami-Dade County's 2003 Evaluation and Appraisal Report, since 1995 no National Ambient Quality Standards were exceeded in the County, including in the City of Aventura. Therefore, this Objective has been achieved. In order to further evaluate the City's success in achieving Objective CCMCM-I, a brief assessment of whether or not the supporting policy (CCMCM-I.I) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.H.l below: Table III.H.l Conservation and Coastal Management Element Objective CCMCM-l Achievement Status Policv Imnlemented? Relevant PolicyCCMCM-I.1 Yes Yes The City shall maintain compliance with its traffic level of service standard thereby avoiding congestion that would adversely impact air Quality. 2. Coastal Management Objective 2 Objective 2 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "As part of the internal consistency requirement of the Comprehensive Plan elements the conservation efforts to protect water sources and waters that flow into estuarine waters or oceanic waters will be coordinated with the Infrastructure Element, on site drainage standards will ensure that private properties retain at least the first inch of stormwater on site and permit no more run-off after development than before development. [9J-S.0I3(2)(b)2] and [9J-S.OI2(3)(b)2]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of permits issued that comply with adopted drainage levels of service." IS8 City of A ventura 2005 Evaluation and Appraisal Report All permits issued by the City comply with the adopted drainage levels of service. The monitoring measure should be modified to state that no permits are issued if they do not comply with drainage levels of service. In order to further evaluate the City's success in achieving Objective CCMCM-2, a brief assessment of whether or not the supporting policies (CCMCM-2.\ and CCMCM-2.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table II1.H.2 below: Table 10.H.2 Conservation and Coastal Management Element Objective CCMCM-2 Achievement Status Policv ImDlemented? Policy CCMCM-2.\ Yes Through implementation of the land use plan and implementing land development regulations sufficient restrictions will be in place to direct, activities and land uses known to affect the quality and quantity of identified water sources adversely, away from these sources, including natural groundwater recharge areas, wellhead protection areas and surface waters used as a source of public water supply. Implementation of the Stormwater Utility Program will ensure that the storm sewer system standards will be maintained as delineated in the Infrastructure Element. [9J-5.013(2)(c)] and 6] and [9J-5.012(3)(c)] and 2f Policy CCMCM-2.2 Yes A ventura will adhere to and promote emergency water conservation efforts in accordance with the South Florida Water Management District's plan. Relevant Yes Yes \59 City of A ventura 2005 Evaluation and Appraisal Report 3. Coastal Management Goal Objective 3 Objective 3 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Through implementation of the land use plan and subsequent land development regulations the remaining native vegetative communities, and appropriate minerals and soils conditions will be conserved and implementation mechanisms will be developed. [9J-5.013(2)(b)3]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Adoption of land development regulations that protect native vegetative communities, including environmentally sensitive land." The City's land development regulations include the Conservation District (Section 31-142), and include provisions for the protection of environmentally sensitive lands in the City. In order to further evaluate the City's success in achieving Objective CCMCM-3, a brief assessment of whether or not the supporting policies (CCMCM-3.1 and CCMCM-3.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H.3 below: Table 111.0.3 Conservation and Coastal Management Element Objective CCMCM-3 Achievement Status Policv Imnlemented? Relevant Policy CCMCM-3.l Yes, partially, because there Yes Currently, there are no areas is no mineral extraction in within the City limits that the City are suitable for mineral extraction, and due to the level of existing and expected development it is not expected that there will be any, however, it is recognized that conservation, protection and appropriate use of natural resources is necessary. [9J-5.0 13(2)( c )2] 160 City of A ventura 2005 Evaluation and Appraisal Report Table Ill.H.3 Conservation and Coastal Management Element Objective CCMCM-3 Acbievement Status cont. Poliev Imnlemented? Relevant Policy CCMCM-3.2 Yes. through Conservation Yes Through implementation of zoning and Land Use the land use plan and designations. implementing land development regulations any remaining native vegetative communities, including environmentally sensitive lands, will be protected from development activities. [9J-5.0 13(2)( c)3] and r9J-5.013(2)(c)91 4. Coastal Management Objective 4 Objective 4 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Through its intergovernmental coordination mechanisms A ventura will work to conserve, protect and appropriately use marine habitat, wildlife habitat, wildlife and fisheries consistent with the South Florida Regional Planning Council Policy Plan, and any applicable state or federal regulation, the City will adopt conservation procedures as part of its land development regulations. [9J-5.013(2)(b)4]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Adoption of conservation regulations consistent with the stated objective." The City's Future Land Use Element and land development regulations include the Conservation District (Section 31-142), and include provisions for the protection of environmentally sensitive lands in the City. In order to further evaluate the City's success in achieving Objective CCMCM-4, a brief assessment of whether or not the supporting policies (CCMCM-4.1 through CCMCM-4.6) have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table III.H.4 below: 161 City of Aventura 2005 Evaluation and Appraisal Report Table 10.8.4 Conservation and Coastal Management Element Objective CCMCM-4 Achievement Status Poliev Imnlemented? Relevant Policy CCMCM-4.1 Yes Yes Those known development activities that adversely affect the survival of endangered and threatened wildlife will be restricted in a manner consistent with applicable state and federal regulations. f9J-5.0 13(2(c)51 Policy CCMCM-4.2 Yes Yes By the adoption of the City's conservat ion ordinance natural functions of existing soils, fisheries. wildlife habitats, rivers, bays. lakes, harbors, marine habitats, including wetlands and estuarine marshes will be protected. [9J-5.0 13(2)( c )61 Policy CCMCM-4.3 Yes Yes As part of the internal consistency requirement of the Comprehensive Plan elements areas identified in the Parks and Recreat ion Element as existing natural reservations will be protected. [9J-5.013(2)(c)7] Policy CCMCM-4.4 Yes, modifY to add Miami- Yes Based on the determinations Dade County regulations made by the City's conservation regulations environmentally sensitive lands will be designated. f9J-5.0 13(2)( c)91 162 City of A ventura 2005 Evaluation and Appraisal Report Table III.H.4 Conservation and Coastal Management Element Objeetive CCMCM-4 Achievement Status cont. Poli"" Imnlemented? Relevant Policy CCMCM-4.5 Yes Yes In an effort to protect natural resources, hazardous wastes will be handled in a manner consistent with applicable state and federal regulations. f9J- 5.013(2)lc))01 Policy CCMCM-4.6 Yes Yes In an effort to further the goals and objectives of the Conservation Subelement, and consistent with the policies established by the Intergovernmental Coordination Element the City of A ventura will cooperate with adjacent local governments in the common effort to protect natural resources and the environment. f9J-5.013(2)(c)81 5. Coastal Management Objective 5 Objective 5 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Realizing that there is limited remaining coastal wildlife habitat in Aventura, such remaining areas shall be protected from development and when practical enhanced by development. [9J-5.0 I 2(3)(b) I]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Activities of coastal wildlife habitat protected or enhanced by development." Modify monitoring measure to replace "Activities" with "acres". The number of acres protected or enhanced is approximately 35. In order to further evaluate the City's success in achieving Objective CCMCM-5, a brief assessment of whether or not the supporting policies (CCMCM-5.1 through CCMCM-5.4) 163 City of A ventura 2005 Evaluation and Appraisal Report have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table III.H.S below: Table III.H.5 Conservation and Coastal Management Element Objective CCMCM-S Achievement Status Policv Imnlemented? Relevant Policy CCMCM-5.1 Yes Yes The City shall prohibit dredging or filling that would resu It in the destruction of grass/algae flats, hard bottom or other benthic communities in any waters within the City limits unless permitted by other regulatory agencies. Policy CCMCM-S.2 Yes Yes The City shall prohibit the deposit of solid waste or industrial waste includ ing spent oils, gaso line by- products or greases accumulated at garages, filling stations and similar establishments that create a health or environmental hazard upon any vacant, occupied or unoccupied premises, parkway or park, and in any canal, waterway or bay within the City limits. Policy CCMCM-S.3 Yes Yes The City shall not issue building permits for any development which does not meet adopted stormwater management (drainage) levels of service. Policy CCMCM-S.4 Yes, ongoing, Yes In order to remedy pre- incorporation drainage deficiencies, the City of A ventura shall continue to impose a stormwater utility fund. 164 City of A ventura 2005 Evaluation and Appraisal Report 6. Coastal Management Objective 6 Objective 6 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Preserve the existing and planned sites for water-dependent uses; assure that any related marina construction or expansion meets appropriate location standards.[9J-5.012(3)(b)3 ]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of sites available for water- dependent uses." According to the City's "Inventory of Sites Providing Public Waterfront Access" there are approximately 21 sites (parcels). See Chapter II.E. for more information. In order to further evaluate the City's success in achieving Objective CCMCM-6, a brief assessment of whether or not the supporting policy (CCMCM 6.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table 1II.H.6 below: Table III.H.6 Conservation and Coastal Management Element Objective CCMCM-6 Achievement Status Policv Imnlemented? Relevant Policy CCMCM-6.1 Yes, but delete reference to Yes Any new marina, marina within one year of plan expansion or similar water- adoption dependent use shall meet certain criteria: [9J- 5.012(3)(c)9] which shall be incorporated into the Land Development Regulations within one year of Plan adoption. 7. Coastal Management Objective 7 Objective 7 of the Conservation and Coastal Management Element Coastal Management Subsection responds to [9J-5.012(3)(b)(4] which addresses beach and dune systems. There is no monitoring measure identified for this objective in the Comprehensive Plan, as there are no beaches or dune systems in the City. Table III.H.7 Conservation and Coastal Management Element Subsection Acbievement Status 1m lemented? Relevant No 165 City of A ventura 2005 Evaluation and Appraisal Report 8. Coastal Management Objective 8 Objective 8 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Limit City funds for infrastructure within the city limits that would have the effect of directly subsidizing development which is significantly more intensive than authorized by this Plan. [9J-5.0]2(3)(b)5 and 6]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Amount of funds expended that directly subsidized development that is more intense than authorized by the Plan." Since the date of adoption, no funds have been expended by the City that directly subsidized development that is more intense than authorized by the Plan. In order to further evaluate the City's success in achieving Objective CCMCM-S, a brief assessment of whether or not the supporting policy (CCMCM 8.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table I1I.H.8 below: Table III.H.8 Consen'ation and Coastal Management Element Objective CCMCM-8 Achievement Status Policv Imnlemented? Relevant Policy CCMCM-8.1 Yes Yes The City shall limit its funding of public infrastructure expansion if such funding and such expansion would have the effect of directly subsidizing a specific private development that is significantly more intensive than authorized by this Plan. 19J-5.0 12(3)(c)71 9. Costal Management Objective CCMCM-9 Objective 9 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Maintain or reduce the current estimated hurricane evacuation clearance time ofless than ]2 hours. [9J-5.012(3)(b)7]" For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Improvement or maintenance of estimated hurricane evacuation clearance time ofless than 12 hours." 166 City of A ventura 2005 Evaluation and Appraisal Report As noted in Chapter I1.c., the City is meeting its required hurricane evacuation clearance time standard of 12 hours. Please see Chapter I1.C. for more information. In order to further evaluate the City's success in achieving Objective CCMCM-9, a brief assessment of whether or not the supporting policies (CCMCM-9.1 and CCMCM-9.2) have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table I11.H.9 below: Table ID.H.9 Conservation and Coastal Management Element Objective CCMCM-9 Achievement Status Polic Policy CCMCM-9.1 The City shall maintain and implement the strategy in the event of a hurricane of the established "pick up points" to facilitate the evacuation. 9J-5.012 3 c)4 Policy CCMCM-9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. 9J-5.0]23 c 4 1m lemented? Yes, hurricane evacuat ion pick up points are denoted by signage throughout the City and further instruction is available on the City's website www.citvofaventura.com Relevant Yes Yes Yes 10. Coastal Management Objective 10 Objective 10 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "The City of Aventura shall provide immediate response to post hurricane situations in concert with a post-disaster redevelopment plan which will reduce or eliminate the exposure of human life and public and private property to natural hazards." There is no monitoring measure identified for this objective in the Comprehensive Plan. However, the City has post-disaster recovery plans in place. Please see Chapter I1.c. for more information. In order to further evaluate the City's success in achieving Objective CCMCM-IO, a brief assessment of whether or not the supporting policies (CCMCM-IO.I through CCMCM- 10.20) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table I11.H.1 0 below: 167 City of A ventura 2005 Evaluation and Appraisal Report Table III.H.10 Conservation and Coastal Management Element Objective CCMCM- 10 Achievement Status Policv Imnlemented? Policy CCMCM-IO.1 Yes The current Miami-Dade County Hurricane Procedures Plan shall be modified to comply with the policies under this objective, and shall contain step-by-step details for post-disaster recovery operations. Policy CCMCM-IO.2 Yes After a hurricane but prior to re-entry of the population into evacuated areas, the City Commission shall meet to hear preliminary damage assessments, appoint a Recovery Task Force and consider a temporary moratorium of building activities not necessary for the public health, safety and welfare. Policy CCMCM-IO.3 Yes, ongoing The Recovery Task Force shall include the City Manager, Community Development Director, Building Official, Community Services Director and other staff members as directed by the City Commission. Staff shall be provided by the departments whose directors are Task Force members. The Task Force shall be terminated after implementing its responsibility under Policy 10.6. Relevant Yes Yes Yes 168 City of A ventura 2005 Evaluation and Appraisal Report Table I1I.H.I0 Conservation and Coastal Management Element Objective CCMCM- 10 Achievement Status cont. Poliev Imnlemented? Policy CCMCM-IO.4 Yes The Recovery Task Force shall review and decide upon emergency building permits; coordinate with Miami-Dade County, State and Federal officials to prepare disaster assistance applications; analyze and recommend to the City Commission hazard mitigation options including reconstruction or relocation of damaged public facilities; develop a redevelopment plan; and recommend amendments to the comprehensive plan, Miami-Dade County Hurricane Procedure Plan and other appropriate policies and procedures. Policy CCMCM-IO.5 Yes Immediate repair and clean- up actions needed to protect the public health and safety include repairs to potable water, wastewater and power fucilities; removal of building and/or vegetative debris; stabilization or removal of structures about to collapse; and minimal repairs to make dwellings habitable such as minor roof repairs and other weatherproofingl security measures. These actions shall receive first priority in permitting decisions. Long term redevelopment Relevant Yes Yes 169 City of A ventura 2005 Evaluation and Appraisal Report activities shall be postponed until the Recovery Task Force has completed its tasks. Policy CCMCM-IO.6 The Recovery Task Force shall propose comprehensive plan amendments which reflect the recommendations in any interagency hazard mitigation reports or other reports prepared pursuant to Section 406 of the Disaster Relief Act of 1974 (PL93- 288). PolicyCCMCM-IO.7 If rebuilt, structures which suffer damage in excess of fifty (50) percent of their appraised value shall be rebuilt to meet all current requirements, including those enacted since construction of the structure. Policy CCMCM-l 0.8 Structures which suffer recurring damage to pilings, foundations or load-bearing walls shall be required to rebuild landward of their current location to modify the structure to structurally enhance the structure, institute or mitigation measures or delete the areas most Drone to damal!e. Policy CCMCM-I 0.9 Following a natural disaster and prior to the implementation of long- term development, the City shall evaluate options for damaged public facilities. Yes Yes Yes, through the Florida Yes Building Code Yes Yes 170 Yes Yes City of A ventura 2005 Evaluation and Appraisal Report Table III.H.10 Conservation and Coastal Management Element Objective CCMCM- 10 Acbievement Status cont. Poliev Policy CCMCM-IO.IO Structures which are damaged in excess of fifty percent (50%) of their current replacement value shall be required to be rebuilt to meet all current land development requirements as determined by the City Building Official. Policy CCMCM-IO.ll The long-term physical reconstruction of the City of A ventura after a major disaster shall be m conformity with the land use element of the City's Comprehensive Plan and the land use regulations used to implement it. Any proposed amendment to the Future Land Use Map shall contain an analysis of its effect on long-term physical reconstruction. Policy CCMCM-IO.12 The City shall utilize certain criteria to distinguish between immediate repair and clean up actions and long-term redevelopment subsequent to a natural disaster for Pot a b I e Water Facilities, Wastewater Facilities, Drainage Facilities, Roadway Facilities and Habitable Structures. Imolemented? Relevant Yes Yes Yes, see also Po licies Yes CCMCM-lO.4 and.6 Yes Yes 171 City of A ventura 2005 Evaluation and Appraisal Report Table III.H.IO Conservation and Coastal Management Element Objective CCMCM- 10 Achievement Status cont. Poli.-v Imnlemented? PolicyCCMCM-IO.13 Yes When undertaking post- disaster redevelopment activities, development permits may be waived for short term recovery measures such as: emergency repairs to streets, water, electricity or other utilities to restore service; removal of debris; and public assistance matters including temporary shelter or housinl!. PolicyCCMCM-IO.14 Yes Repair and Clean Up. In planning post-disaster redevelopment activities, factors to be considered in order to protect the public health and safety shall include: I. Repairs to potable water, wastewater and power facilities. 2. Removal of debris. 3. Stabilization or removal of structures in a perilous condition. 4. Minimal repairs to make structures habitable. These considerations shall receive first priority in determining the appropriateness of emergency bu i1d ing permits. Long-term redevelopment activities shall be postponed until the Recovery Task Force has coordinated immediate clean-up operations. Relevant Yes Yes 172 City of A ventura 2005 Evaluation and Appraisal Report Table In.H.IO Conservation and Coastal Management Element Objective CCMCM- 10 Achievement Status cont. Polirv Policy CCMCM-IO.15 Permitting Decision Priorities. Immediate recovery actions needed to protect the public health and safety shall take priority in oermittin!! decisions. Policy CCMCM-IO.16 The applicable provisions of the South Florida Building Code relating to hurricane precautions, inspections and permitting are hereby adopted by reference. PolicyCCMCM-10.17 The City adopts the following criteria relating to consideration of relocating public infrastructure, cognizant of the City's geographic limitations and development status: I. The land upon or under which the infrastructure existed is gone or reconfigured so that replacement is not possible technically or financially as determined by the City Commission. 2. The cost of repairs or retrofitting versus relocation costs. 3. Opportunities arising out of acquisition ofland by the City or other governmental entitv. Imolemented? Relevant Yes Yes Yes, but delete reference to Yes South Yes Yes 173 City of A ventura 2005 Evaluation and Appraisal Report Table III.B.IO Conservation and Coastal Management Element Objective CCMCM- 10 Achievement Status cont. Policv Imnlemented? Policy CCMCM-IO.18 Yes Notwithstanding the preceding policies, no regulation, permitting procedure or post disaster redevelopment planning shall be approved or applied to property, as the case may be, so as to constitute a taking or inordinately burden an existing use of real property or a vested right to a specific use of real property within the meaning of the Bert J. Harris, Jr. Private Property Rights Protection Act, Chapter 95- 181, Laws of Florida, codified as Section 70.001, Florida Statutes. PolicyCCMCM-10.19 Yes The City recognizes that certain vested development rights may exist for property within the City. The City will consider such claims after pet it ion is made to the City and, after due public hearings, the City Commission may grant approval to the request. The documentation for a claim shall follow the procedures found in Section 2-114.1, Code of Metropolitan Dade Countv, Florida. Relevant Yes Yes, but amend to reference Section 31-3 of the City of A ventura Code of Ordinances as well. 174 City of A ventura 2005 Evaluation and Appraisal Report Table Ill.H.IO Conservation and Coastal Management Element Objective CCMCM- 10 Achievement Status cont. Policv Imnlemented? Relevant Policy CCMCM-IO.20 Yes Yes The City shall prepare a local mitigation strategy in accordance with the guidelines provided in the Local Mitigation Strategy: A Guidebook for Florida Cities and Counties and will be used to fulfill the requirements of Rule 9J- 5.012. FAC. relating to post disaster planning, repair, and reconstruction. ll. Coastal Management Objective II Objective II of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Protect, preserve, and sensitively reuse historic and archaeological sites." There is no monitoring measure identified for this objective in the Comprehensive Plan, although it would be logically measured by quantifying the number of historic or archaeological sites protected and preserved in the City. There are no historic or archaeological resources or sites in the City designated at present. The City will conduct a cultural resources assessment within the planning period. In order to further evaluate the City's success in achieving Objective CCMCM-II, a brief assessment of whether or not the supporting policies (CCMCM-I I.I and CCMCM-II.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table IlI.H.II below: Table III.H.ll Conservation and Coastal Management Element Objective CCMCM- II Achievement Status Policv Imnlemented? Relevant Policy CCMCM-II.I Yes, ahhough no historic Yes The City of Aventura shall resources are designated at establish performance present, standards have standards for the been through Chapter 31 development and sensitive Land Development reuse of historic resources. Regulations Article VI However. until such time as 175 City of A ventura 2005 Evaluation and Appraisal Report these standards are adopted the City shall utilize Miami- Dade County's applicable regulations. Policy CCMCM-I1.2 Yes Yes The City shall work with Miami-Dade County to ensure that historic structures and archaeological sites are not destroyed unless they are damaged by a hurricane or otherwise rendered beyond reasonable use and reoair. 12. Coastal Management Objective -12 Objective 12 of the Conservation and Coastal Management Element Coastal Management Subsection is as follows: "Shoreline uses shall be prioritized within the City of Aventura, giving priority to water-dependent uses." There is no monitoring measure identified for this objective in the Comprehensive Plan. The City has incorporated provisions for water-dependent uses into its land development regulations, however, and maintains public access on approximately 21 parcels. Please see Chapter II.E. for more information. In order to further evaluate the City's success in achieving Objective CCMCM-12, a brief assessment of whether or not the supporting policies (CCMCM-12.l though CCMCM- 12.7) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H.12 below: Table ID.H.12 Conservation and Coastal Management Element Objective CCMCM- 12 Achievement Status Policv Imnlemented? Relevant Policy CCMCM-12.1 Yes Yes Shoreline uses within A ventura shall be prioritized according to the following order: I. conservation uses; 2. water-dependent uses; 3. water-related uses; 4. uses not dependent or related to shoreline access. 176 City of A ventura 2005 Evaluation and Appraisal Report Table III.H.12 Conservation and Coastal Management Element Objective CCMCM- 12 Achievement Status coot. Policv Imnlemented? Relevant Policy CCMCM-12.2 Update reference to date Yes Prior to 2001, the City shall conduct a survey of land uses on parcels adjacent to marine waters. The survey shall include the location, acreage and linear feet of shoreline for each use. Policy CCMCM-12.3 Yes Yes The Future Land Use Map shall not be amended when such amendment would decrease the ratio of conservation uses to all other shoreline uses. Policy CCMCM-12.4 Yes Yes Amendments to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water- dependent uses or reduce the access of water- dependent uses to such properties. Policy CCMCM-12.5 Yes Yes Amendments to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties ded icated to water-related uses or reduce the access of water-related uses to such DroDerties. Policy CCMCM-12.6 Yes Yes New multi-family residential development, contiguous to the shoreline, shall be water dependent, water related, or at a minimum shall include environmentally comDatible 177 City of A ventura 2005 Evaluation and Appraisal Report shoreline access facilities such as walkways, piers, and viewing areas with landscaping grouped or spaced for views of and from the water. Policy CCMCM-12.7 Yes Yes Within the Town Center, shoreline and canal access easements shall be obtained whenever possible and additional sites sought to provide public access for water related activities that are consistent with the Town Center concept. 13. Conservation Objective 1 Objective I of the Conservation and Coastal Management Element Conservation Subsection is as follows: "The City shall continue to meet or exceed minimum air quality standards for recognized air pollutants." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of violations of air quality standards." Air quality standards are monitored by Miami-Dade County DERM which has established 14 air monitoring stations throughout the County. As noted in the County's 2003 EAR, since 1995 no National Ambient Quality Standards were exceeded in the County, including in the City of A ventura. In order to further evaluate the City's success in achieving Objective CCMC-1, a brief assessment of whether or not the supporting policies (CCMC-l.l and CCMC-1.2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H.l3 below: Table III.H.13 Conservation and Coastal Management Element Objective CCMC-l Achievement Status Poliev Imnlemented? Relevant Policy CCMC-J.J Yes Yes The City shall continue to support the air quality monitoring and pollution control programs of the Countvand State. 178 City of A ventura 2005 Evaluation and Appraisal Report Table 111.0.13 Conservation and Coastal Management Element Objective CCMC-l Achievement Status cont. Poli,"" Imnlemented? Relevant Policy CCMC-1.2 Yes, requirements through Yes With the cooperation of the Miami-Dade County State, County and regional Chapter 24 Environmental regulatory authorities, the Protection City shall continue to require pollution control devices on all major point sources of air pollution which are located within the Citv. 14. Conservation Objective 2 Objective 2 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "The City shall maintain local surface and ground water quality to equal to or better than existing levels for recognized pollutants." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of violations of water quality standards." According to the National Pollution Discharge Elimination System (NPDES) Report for the period 10/8/2002 - 10/8/2003, to date there have been no violations of water quality standards in the City. In order to further evaluate the City's success in achieving Objective CCMC-2, a brief assessment of whether or not the supporting policies (CCMC-2.1 through CCMC-2.13) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H.14 below: Table 111.0.14 Conservation and Coastal Management Element Objective CCMC-2 Achievement Status Policv Imnlemented? Relevant Policy CCMC-2.1 No, the City is not situated Yes The City shall continue to near a wellfield protection participate in area wide area but continues to wellfield protection and support the regulatory regulatory activities of activities of Miami-Dade Miami-Dade County. County. 179 City of A ventura 2005 Evaluation and Appraisal Report Table ID.H.14 Conservation and Coastal Management Element Objective CCMC-2 Acbievement Status cont. Policv Imnlemented? Relevant Policy CCMC-2.2 Yes, through Miami-Dade Yes The City shall consider County Chapter 24 developing a procedure to Environmental Protection standardize the review of all local users or potentia I water contaminants by the appropriate County or State rel!ulatory agencies. Policy CCMC-2.3 Yes, through Chapter 31 The City shall enforce and, Land Development where appropriate, improve Regulations and Chapter 24 development regulations to Environmental Protection require all new development, or substantial redevelopment, to provide on-site retention or detention of at least the first inch of rainfall. Policy CCMC-2.4 Yes Yes The City shall coordinate with the Florida Department of Transportation to replace existing direct discharge drainage outfalls with drainal!e retention ponds. Policy CCMC-2.5 Yes Yes The City shall continue to support the water quality regulatory programs of the State of Florida, Miami- Dade County and the South Florida Water Management District. Policy CCMC-2.6 Yes Yes The City shall promote periodic area-wide waterway clean-up DrOl!Tams. 180 City of A ventura 2005 Evaluation and Appraisal Report Table III.H.14 Conservation and Coastal Management Element Objective CCMC-2 Achievement Status cont. Policv Imnlemented? Relevant Policy CCMC-2.7 Yes, in coordination mainly Yes The City shall consider, in with Miami-Dade County coordination with the Public Works Department County and other regulatory agencies, implementing a canal maintenance dredging program to eliminate polluted sediments, to reduce resuspension of sed iments through proper dredging, and to improve tidal flushing, Policy CCMC-2.8 Yes Yes The City shall continue to require sanitary sewer waste disposal as a condition of project and permit approval and water services. Policy CCMC-2.9 Yes, through Miami-Dade Yes The City shall continue to County Chapter 24 enforce development Environmental Protection regulations that require the channelization of stormwater run-off through vegetation prior to entering a receiving water body, Policy CCMC-2.1 0 Yes Yes The City shall stay apprised of continued advances in street sweeping technology with regard to feasible and effective mechanisms to remove roadway contaminants; in the event that the techno logy emerges, the City shall consider the individual or shared purchase of the machinery. 181 City of A ventura 2005 Evaluation and Appraisal Report Table 10.H.14 Conservation and Coastal Management Element Objective CCMC-2 Achievement Status cont. Policv Imnlemented? Relevant Policy CCMC-2.11 Yes Yes The City shall require sanitary sewer wastewater collection as a condition for the provision of potable water customer services. Policy CCMC-2.J2 Yes Yes The City shall coordinate with appropriate regional and state water management agencies to restrict (or ban) the use of phosphate fertilizers. Policy CCMC-2.13 Yes Yes The City shall continue to review and where necessary require environmental review and approval of occupational licenses for those businesses categorized as users of potential groundwater contaminants. 15. Conservation Element Objective 3 Objective 3 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "The City shall, to the maximum extent feasible, protect all remaining areas of substantial native upland and wetland vegetation and eliminate undesirable exotic tree species." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of acres of vegetation removed and not replaced. Number of acres of exotic species removed." The City enforces landscaping requirements, including prohibitions on exotic species removal, through its implementation of Section 31-221 of its Code of Ordinances. Data which would allow precise measurement of this Objective is not available; however, it is assumed that exotic species have been removed through the on-going enforcement of these requirements on a case by case basis. In order to further evaluate the City's success in achieving Objective CCMC-3, a brief assessment of whether or not the supporting policies (CCMC-3.1 through CCMC-3.6) have 182 City of A ventura 2005 Evaluation and Appraisal Report been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table II1.H.15 below: Table Ill.H.1S Conservation and Coastal Management Element Objective CCMC-3 Achievement Status Poli"" Policy CCMC-3.1 Cognizant of prior development approvals or other vested rights, the City shall require a detailed flora and fauna survey on any site subject to a development proposal and any size greater than 10 acres in size. Based on survey results, micro- preserves may be required oriented to preservation of a minimum 25% of all native plant communities which occur on-site. Habitat shall be preserved with intact canopy, understory and !!round cover. Policy CCMC-3.2 Outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over "cut and replace" preservation techniQues. Policy CCMC-3.3 The City shall enforce, where appropriate, development regulations which require shoreline vegetation buffer strips, restrict the amount or location of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree soec ies. Imolemented? Yes, as per Chapter 31-221, Landscaping Requirements Relevant Yes Yes Yes Yes Yes 183 City of A ventura 2005 Evaluation and Appraisal Report Policy CCMC-3.4 A buffer zone of native upland vegetation should be required and maintained around wetland and deepwater habitats which are preserved, restored or recreated on-site. The buffer zone may consist of preserved or planted vegetation but should include canopy, understory and ground cover of native species only. Policy CCMC-3.5 While discouraging clear cutting prior to development, the City should consider developing a long term program to remove all stands of non- native, exotic vegetation such as Australian Pine, Brazilian Pepper, and Melaleuca trees and replacement with native soec ies. Policy CCMC-3.6 The City shall require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit aooroval. 16. Conservation Objective 4 Yes, through land Yes development regulations for Conservation districts and Section 31-221, Landscaping Requirements Yes, through Section 31- Yes 221, Landscaping Requ irements Yes, through Section 31- Yes 221, Landscaping Requirements Objective 4 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "The City shall, to the maximum extent feasible, preserve natural areas which serve as habitat for endangered and threatened plant and animal species." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Number of acres of natural areas 184 City of A ventura 2005 Evaluation and Appraisal Report preserved." Approximately 566.6 acres in the City have been zoned Conservation, and preserved accordingly. In order to further evaluate the City's success in achieving Objective CCMC-4, a brief assessment of whether or not the supporting policy (CCMC-4.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table III.H.16 below: Table III.H.16 Conservation and Coastal Management Element Objective CCMC-4 Acbievement Status Poll"" Imolemented? PolicyCCMC-4.1 Yes In the event that a site survey ind icates the existence of a representative plant or animal species designated as endangered or threatened on Federal, State or Florida Committee on Rare and Endangered Plants and Animal lists, the developer shall prepare a plan in consultation with the Florida Game and Freshwater Fish Commission and the U.S. Fish and Wildlife Service for protecting the resident population. Preservation should be provided to the satisfaction of the City in consultation with the Federal and State agencies. Relevant Yes 17. Conservation Objective 5 Objective 5 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "To reduce per capita water consumption rates by at least 10% through 2005." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Per capita water consumption." 185 City of A ventura 2005 Evaluation and Appraisal Report Information that would allow precise measurement of this Objective specific to the City does not exist. However, Miami-Dade County's 2003 Comprehensive Development Master Plan Evaluation and Appraisal Report indicates that gallons per capita per day has declined in the County from 179 in 1995 to 159 in 2002, an II percent decrease. Due to this being a more regional issue, the Miami-Dade Water and Sewer Department through Chapter 32 Water and Sewer Regulations, the Miami-Dade County Department of Environmental Resources Management through Chapter 24 Environmental Protection and the South Florida Water Management District have set goals to reduce per capita water consumption. The City promotes strategies to reduce water consumption through its land development regulations, public information programs, and ongoing coordination with these agencies. Moreover, the Florida Building Code requires water conserving fixtures. Update reference to date. In order to further evaluate the City's success in achieving Objective CCMC-5, a brief assessment of whether or not the supporting policies (CCMC-5.1 through CCMC-5.4) have been or are being implemented and their continued relevance was conducted. A summary ofthis analysis is provided in Table III.H.17 below: Table III.H.t7 Conservation and Coastal Management Element Objective CCMC-5 Achievement Status Policy Imnlemented? Relevant Policy CCMC-5.1 Yes, and with Miami-Dade Yes The City shall promote Water and Sewer water conservation Department strategies through the use of educational brochures and presentations to students and interested ~roups. Policy CCMC-5.2 Yes Yes, delete date Prior to 2005, the City shall consider funding, either individually or cooperatively, at least one xeriscape demonstration proiect. Policy CCMC-5.3 Yes Yes To promote water conservation and reduce the offshore runoff of pesticides and fertilizer, the City shall require the augmented use of xeriscape concepts and native vegetation in new developments adjacent to, or near, shoreline locations 186 City of A ventura 2005 Evaluation and Appraisal Report as a condition of development or permit approval. Policy CCMC-5.4 No No, delete In conjunction with the Miami-Dade Water and Sewer Department, the City shall explore the feasibility of installing a transmission line from the North Dade Wastewater Treatment Plant to convey recycled wastewater for irrigation use at Turnberry Golf Course and Founders Park. 18. Conservation Objective 6 Objective 6 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "The City shall continue to minimize the potential damage from flooding and the loss oflocal soil resources." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Amount of property damage due to flooding." Although there is not data that would allow precise measurement of this Objective, flood damage in the City is de minimus due to the sandy soil conditions and adequate stormwater drainage. In order to further evaluate the City's success in achieving Objective CCMC-6, a brief assessment of whether or not the supporting policies (CCMC-6.l through CCMC-6.5) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H.18 below: Table III.H.18 Conservation and Coastal Management Element Objective CCMC-6 Achievement Status Policv Imnlemented? Relevant Policy CCMC-6.1 Yes Yes The City shall continue to coordinate the enforcement of minimum finished floor flood elevation criteria as identified by the Federal Emergency Management Administration. 187 City of A ventura 2005 Evaluation and Appraisal Report Table III.H.18 Conservation and Coastal Management Element Objective CCMC-6 Achievement Status Poliev Imolemented? Relevant Policy CCMC-6.2 Yes Yes The City shall enforce local drainage system requirements as specified in the Drainage sub-element of the Comorehensive Plan. Policy CCMC-6.3 Yes Yes The City shall support the flood control po Iic ies as provided in the Drainage sub-element of the Comorehensive Plan. Policy CCMC-6.4 Yes Yes The City shall support the timely maintenance of regional drainage system features including structure repairs and replacement and maintenance dredging of drainage canals by the responsible governing agencv. Policy CCMC-6.5 Yes Yes During site clearing and development preparation stages, the City shall require erosion control fencing, soil moisturizing, seed ing, mulching and/or other best management techniques to be performed by the developer to contro I soil erosion. 19. Conservation Objective 7 Objective 7 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "The City of Aventura shall increase public awareness of the presence of manatees." There is no monitoring measure identified for this objective in the Comprehensive Plan. The City does, however, provide information about manatee protection as appropriate in its 188 City of A ventura 2005 Evaluation and Appraisal Report Public Information and awareness programs, and work with regulating agencies in ensuring that signage is posted in manatee areas. In order to further evaluate the City's success in achieving Objective CCMC-7, a brief assessment of whether or not the supporting policies (CCMC-7.1 through CCMC-7.4) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H. 19 below: Table III.H.19 Conservation and Coastal Management Element Objective CCMC-7 Achievement Status Polif'V Imnlemented? Relevant Policy CCMC-7.l Yes Yes The City shall use the City's newsletter to annually remind the public of presence of manatees. PolicyCCMC-7.2 Yes, through assistance Yes The City shall either obtain from DERM or create an educational pamphlet regarding manatee protection measures. Policy CCMC-7.3 Yes Yes The manatee protection pamphlet shall be distributed by the City's Marine Patrol anytime a boat is stoDDed. Policy CCMC-7.4 Yes Yes The Manatee Protection Pamphlet shall be offered to private marinas within the City for distribution. 20. Conservation Objective 8 Objective 8 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "Secure the provision of potable water in sufficient quantity to meet present and projected needs commensurate with reasonable anticipated demand." The City and its respective service providers (Miami-Dade County Water and Sewer Department) to ensure the provision of potable water in sufficient quantities to meet the City's needs. Please see Chapter IV.. "financial feasibility and Levels of Service", for more information. In order to further evaluate the City's success in achieving Objective CCMC-8, a brief assessment of whether or not the supporting policies (CCMC-8.l through CCMC-8.6) have 189 City of A ventura 2005 Evaluation and Appraisal Report been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H.20 below: Table Ill.H.20 Conservation and Coastal Management Element Objective CCMC-8 Achievement Status Poliev Imnlemented? Relevant Policy CCMC-8.1 N/A No The City of Aventura has no current or projected well fields; therefore a wellfield protection ordinance will not be necessary. Policy CCMC-8.2 Yes Yes Upon Plan adoption, in order to comply with policies ofthe South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption certain performance standards shall apply. Policy CCMC-8.3 Yes Yes The City of Aventura shall continue to cooperate with local, regional, state and federal agencies for the management of fresh water resources to maintain adequate fresh water supplies during dry periods and to, when practicable, conserve water. Policy CCMC-8.4 Yes Yes The City of Aventura shall continue to cooperate with WASD and the South Florida Water Management (SFWMD) fur the implementation of water demand management oolicies and programs. 190 City of A ventura 2005 Evaluation and Appraisal Report Table III.B.20 Conservation and Coastal Management Element Objective CCMC-8 Achievement Status cont. Policv Imnlemented? Relevant Policy CCMC-8.5 Yes Yes The City of Aventura shall continue to require compliance with all applicable federal, state, regional and county water i oualitv standards. Policy CCMC-8.6 Yes Yes The City of A ventura shall cooperate with W ASD and the SFWMD to conserve water resources during emergencies. 21. Conservation Objective 9 Objective 9 of the Conservation and Coastal Management Element Conservation Subsection is as follows: "The City of Aventura shall continue to protect surface waters within the Biscayne Bay Surfuce Water Improvement and Management (SW[M) area." There is no monitoring measure identified for this objective in the Comprehensive Plan. However, the City, in conjunction with such regulatory agencies as the Miami-Dade County Department of Environmenta[ Resources Management, South Florida Water Management District, Biscayne Bay Management Committee, Florida Department of Environmental Protection, and U.S. Army Corps of Engineers, works to reduce point and non-point source pollutant loading into surfuce waters. The City complies with the requirements of its National Pollutant Discharge Elimination Permit with the U.S. Environmental Protection Agency in operating its sanitary storm sewer discharge system. As noted in Miami-Dade County's EAR, the Miami-Dade County Department of Environmental Resources Management is working with the Florida Department of Environmental Protection on the establishment of anti-degradation targets, but these targets have yet to be promulgated. The Miami-Dade EAR further states that while water quality data obtained through the Biscayne Bay Partnership Initiative and the Biscayne Bay Surface Water Quality Monitoring Program indicates that the quality of Biscayne Bay waters remains high, the quality of discharge waters remains suspect, and that the impacts of programs designed to reduce pollutant loading into the Bay will not be known until the next EAR cycle. [n order to further evaluate the City's success in achieving Objective CCMC-9, a brief assessment of whether or not the supporting policies (CCMC-9.] and CCMC-9.2) have 191 City of A ventura 2005 Evaluation and Appraisal Report been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table III.H.21 below: Table Ill.H.21 Conservation and Coastal Management Element Objective CCMC-9 Achievement Status Policv Implemented? Relevant Policy CCMC-9.1 Yes Yes The City of Aventura shall continue to require that all permits for new construction meet or exceed the Biscayne Bay SWIM criteria by ensuring that all permits are approved by the Miami-Dade County Department of Environmental Resources Management prior to being issued. Policy CCMC-9.2 Yes Yes The City of Aventura shall continue to require that all permits for redevelopment or reconstruction meet or exceed the Biscayne Bay SWIM criteria by ensuring that all permits are approved by the Miami- Dade County Department of Environmental Resource Management prior to being issued. 192 City of A ventura 2005 Evaluation and Appraisal Report III.I. Economic Development Element 1. Objective ED-l Objective I of the Economic Development Element is as follows: "By 2000, the City shall identitY areas for improvement in the development approval process." There is no monitoring measure identified for this objective in the Comprehensive Plan. The City has continued to update and enhance the land development regulations since approval of Chapter 31 Land Development Regulations on July 13, 1999. The land development regulations have been amended 12 times since 1999. The City has, however, worked to refine its land development regulations. The reference to the date needs to be deleted. In order to further evaluate the City's success in achieving Objective ED-I, a brief assessment of whether or not the supporting policies (ED-I.I through ED-I.3) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table 11I.1.1 below: Table III.I.t Economic Development Element Objective ED-t Achievement Status Policv Imnlemented? Relevant Policy ED-I.I Yes Yes The review should consider all facets of the development approval process, from the formal applications to identification for targeted businesses and report their find ing to the City Commission. Policy ED-1.2 Yes Yes The development approval process shall be examined to identitY opportunities for streamlining to remove any steps that are duplicative or candidates for consolidation. 193 City of A ventura 2005 Evaluation and Appraisal Report Table 111.1.1 Economic Development Element Objective ED-l Achievement Status cont. Policv Imnlemented? Policy ED-1.3 Yes The Community Development Department should identify emerging development trends such as Crime Prevention Through Environmental Design (CPTED) and new urbanism design techniques for consideration for and inclusion within the land development code. Relevant Yes 2. Objective ED-2 Objective 2 of the Economic Development Element is as follows: "Prior to 2001, the City of Aventura shall convene a meeting between the City, the Aventura Marketing Council and the recently formed A ventura Chamber of Commerce to discuss the preparation of a unified approach to marketing the City and business attraction." There is no monitoring measure identified for this objective in the Comprehensive Plan. However, the City meets and coordinates with the Aventura Marketing Council and other economic development agencies as appropriate on a regular and ongoing basis to promote marketing and economic development efforts. In order to further evaluate the City's success in achieving Objective ED-2, a brief assessment of whether or not the supporting policy (ED-2.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table 111.1.2 below: Table 111.1.2 Economic Development Element Objective ED-2 Achievement Status Poli 1m lemented? Policy ED-2.1 Yes The attraction of new businesses to A ventura is a function best delivered through a coordinated and cooperative effort developed cognizant of other's ro sed ro rams. Relevant Yes 194 City of A ventura 2005 Evaluation and Appraisal Report 3. Objective ED-3 Objective 3 of the Economic Development Element is as follows: "By 2001, the City of Aventura shall study and review the possibility of creating a Community Redevelopment Agency (CRA)." The City has not identified a need for the establishment of a redevelopment agency, although it is focusing on redevelopment needs in several areas. Please see Chapter II.A. for more information. In order to further evaluate the City's success in achieving Objective ED-3, a brief assessment of whether or not the supporting policy (ED-3.1) has been or is being implemented and its continued relevance was conducted. A summary of this analysis is provided in Table 111.1.3 below: Table 111.1.3 Economic Develonment Element Obiective ED-3 Acblevement Status Poli"" Imnlemented? Relevant Policy ED-3.1 Yes, the Study was No The study area for a CRA conducted and the shall include some portion, establishment of a CRA was if not al~ of the Hospital determined to be not area, the Thunder Alley feasible. area, and/or the Biscayne Boulevard corridor. 195 City of A ventura 2005 Evaluation and Appraisal Report III.J. Urban Design Element 1. Objective 00-1 Objective I of the Urban Design Element is as follows: "Within one year of adoption of the Plan, enact Land Development Regulations that implement the concept contained in the Urban Design Element." For each objective, the Comprehensive Plan identifies a monitoring measure. The monitoring measure for this objective is as follows: "Adoption of Land Development Regulations that enact Urban Design Element concepts." Delete reference to one year. The City has implemented the urban design concepts specifically in the Town Center area which is now under development. Town Center designations have been created in the Comprehensive Plan and land development regulations, and are being implemented. Please see Chapter 11.A.I. for more information. In order to further evaluate the City's success in achieving Objective 00-1, a brief assessment of whether or not the supporting policies (UD-1.1 through UD-1.l2) have been or are being implemented and their continued relevance was conducted. A summary of this analysis is provided in Table IlIJ.I below: Table III.J.l Urban Design Element Objective 00-1 Achievement Status Poli"" ImDlemeDted? Relevant Policy UD-l.l Yes Yes In order to encourage redevelopment, mixed use development will be encouraged within areas tarl!eted for redevelopment. Po Iicy UD-1.2 Yes Yes The schematic land use patterns displayed on the study area maps within this Element are for reference only and do not depict exact locations or precise land use ratios within the subject areas. However, they do represent the City's desire to mix land uses within these areas. 196 City of A ventura 2005 Evaluation and Appraisal Report Table III.J.l Urban Design Element Objective 00-1 Acbievement Status cant. Policv Imnlemented? Relevant Policy UD-1.3 Yes, ongoing Yes Eliminate obstacles to redevelopment and infill development presently found in Land Development Regulations. Policy UD-1.4 Yes Yes During plat and site plan review, transit-oriented design concepts will be considered and encouraged. Policy UD-1.5 Yes Yes Core commercial areas shall be designed to include lush tropical landscaping and for safe and convenient access by all modes of transportation, including bus service, bicycles and oedestrians. Policy UD-1.6 Yes, where practical Yes Small parks (less than 5 acres) are encouraged throughout the City to provide auto free zones for residents and needed visual breaks of green within A ventura's urban framework. Policy UD-1.7 Yes, see City's Yes The location of parking, Beautification Program curb cuts, walkways, bike within the Capital lanes, signage, lighting, and Improvements Program landscape treatments shall be coordinated to provide maximum user safety, while improving the comprehensive aesthet ic aooearance of A ventura. 197 City of A ventura 2005 Evaluation and Appraisal Report Table III.J.l Urban Design Element Objective 00-1 Achievement Status cant. Poliev Imnlemented? Relevant Policy UO-1.8 Yes, requirement for Yes The City of Aventura shall underground utilities in land encourage the proper development regulations p !acement of public and and Code of Ordinances private utilities underground within the right of way or easements. Policy UO-1.9 Yes Yes The design of structured parking, within mixed use development, is encouraged to include opportunities for retail or office uses at the street level. Policy UO-1.10 Yes Yes The design and placement of public buildings should follow the urban design concepts of pulling the building close to the front property line and placing parking at the rear of the site with ample shade and landscape treatments. Policy UO-1.1l Yes, see Chapter 3] Land Yes To assist private developers, Development Regulations in the City shall prepare its ent irety roadway edge treatment guidelines that describe and illustrate proper planning and design for right of way and private property frontage. Policy UO-1.12 Yes, ongoing Yes The City shall embark on a process of mapping and classification of environmental resources that exist within the City, to ascertain the need for conservation/preservation. 198 City of A ventura 2005 Evaluation and Appraisal Report CHAPTER IV. COMMUNITYWIDE ASSESSMENT An important requirement for the Evaluation and Appraisal Report is a comparison of how conditions in the community have changed between the date of the previous EAR and present. The following topics are addressed in this Chapter: population growth and changes in land area, as per S. 163.3191 (2)(a), F.S.; the extent of vacant land, as per S. 163.3191 (2)(b), F.S.; the location of development in relation to location of development as anticipated in the Comprehensive Plan, as per S. 163.3191 (2)(d), F.S.; the extent to which those services with Level of service standards outlined in the Comprehensive Plan do not meet the standards, and an analysis and evaluation of the City's ability to fund new or expanded infrastructure necessary to correct the deficiencies, and to provide for future growth at acceptable levels of service, as per S. 163.3191 (2)(c), F.S; the success and failure of coordinating residential development and public school planning, as per S. 163.3191 (2)(k), F.S.; and relevant changes in growth management laws (State Comprehensive Plan, the requirements of Chapter 163, Part 11, the minimum criteria contained in Chapter 9J-5, Florida Administrative Code and the Strategic Regional Policy Plan for South Florida) since the date of the previous EAR for consistency with the Comprehensive Plan, as per S. 163.3191 (2)(1), F.S. 199 City of A ventura 2005 Evaluation and Appraisal Report A. Population Changes, Vacant Land, Changes in Land Area, and Location of Development in Relation to Aventura Comprehensive Neighborhood Plan With a 2000 population of 25,267, Aventura is the eighth most populous municipality in Miami-Dade County. Although it was not incorporated until 1995, between 1990 and 2000, the City's population increased from 15,375 to 25,267, a 67 percent increase. The cities of Hialeah Gardens and Medley are the only municipalities in Miami-Dade County that grew at a faster rate during that period. By 2010, the City's population is anticipated to increase to 32,925, an increase of30 percent since 2000. By 2015, it is projected that its population will increase to 37,307 (48% above the 2000 Census), and by 2025, it is projected that it will increase to 46,329 (83% above the 2000 Census)36. It should be noted, however, that these estimates are based on historic and current population figures and growth trends, and do not reflect local conditions. The City is rapidly approaching build-out, and its future development potential and population growth is limited by the scarcity of vacant and developable land. For these reasons, the City estimates that its population will cap out at around 32,925, the year 2010 population estimate. Figure 11.A.4. and Table II.A.4. in Chapter II.A. identifY the location and status of the 104.5 acres of vacant land in the City. Because the remainder of the City is already developed, it is anticipated that most of the future development and redevelopment in the City will occur on these parcels. Please see Chapter II.A. for more discussion. Although the development and redevelopment that has occurred in the City has been generally consistent with the City's adopted Future Land Use Plan Map, there have been a number of amendments to the Map since the last EAR. These Map changes are administered as per the procedures outlined in Article IV., "Comprehensive Plan", of the land development regulations. Large-scale applications to amend the CNP are accepted semiannually. The City reviews and analyzes the application, and prepares a recommendation to the designated local planning agency, the City Commission. The City Commission, acting as the LPA and final decision making body, conducts the required public hearings. The City adheres to State requirements in its Comprehensive Plan amendment process. Since the date of adoption, there have been 12 amendments to the Comprehensive Plan's Future Land Use Plan Map, totaling 66.76 acres. A total of: 5.66 acres were amended from MediumlHigh Density Residential to Business and Office; 1.99 acres were amended from MediumlHigh Density Residential to Town Center; 9.49 acres were amended from Medium Density Residential to Business and Office; 7.42 acres were amended from Town Center to Business and Office; 15.44 acres were amended from Parks and Recreation to Business and Office; 2.85 acres were amended from Industrial and Office to Medium/High Density Residential; 3.4 acres were amended from Business and Office to Parks and Recreation, and; 12.65 acres were amended from Business and Office to Medium High Density Residential. 36 University of Florida Shimberg Center for Affordable Housing, Affordable Housing Needs Assessment, 2003 200 City of A ventura 2005 Evaluation and Appraisal Report B. Level of Service Analysis and Financial Feasibility The City of Aventura has adopted Level of service standards in its Comprehensive Plan. Through the implementation section of the Capital Improvement Element of the Comprehensive Plan, the City ensures that future land development regulations and City policies are consistent with the City's ability to provide the capital facilities required to maintain adopted Level of Service Standards, including those needed to maintain or enhance the quality of life within the city. As noted in its Comprehensive Plan Capital Improvements Element, the City's Capital Improvement Program delineates the City's capital needs for designated planning periods. The Capital Improvement Program is amended on an annual basis, and the first year of the Capital Improvement Program is adopted into the City's annual Capital Budget. The City's adopted Capital Improvements Program, which identifies capital projects, funding, location, and the projected schedule, is included into this document as Appendix B. The Capital Improvements Program includes current and future projects for a five year planning period, including the amount and source of funding, and establishes priorities for future capital projects. Although projects beyond the five year planning period are not identified in the Capital Improvements Program, the City does evaluate projected deficiencies that might exist beyond the planning period. As noted below, future transportation deficiencies are projected to exist by 2025. Please see 111.0. for more information. 1. Sanitary Sewer LOS Standard - Systems wastewater treatment plans shall operate with a physical capacity of no less than average daily sewage flow; effluent shall meet all federal, State and County standards; system capacity shall collectively maintain capacity to collect and dispose of 102 percent of average daily per capita sewage system demand for previous five years. The sanitary sewer network within the City of A ventura is an interconnected county-wide system. The City cooperates with Miami-Dade County W ASAD to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity. According to the County's 2003 Evaluation and Appraisal Report, in 2003 the systemwide capacity of the County's wastewater treatment system was 352.50 million gallons per day, which exceeded average daily demand of 310.81 million gallons per day. Moreover, the County has maintained adequate system capacity to meet demand between 1995 and 2005. The County has programmed $1.3 billion in capital sanitary sewer projects to ensure its ability to continue to provide the capacity needed to address existing and projected demand for sanitary sewer service.37 The City, through its permitting processes and land development regulations, and coordination with the County, ensures that adequate wastewater transmission capacity J7 Miami-Dade County Adopted Evaluation and Appraisal Report. Miami-Dade County Department of Planning and Zoning 201 City of A ventura 2005 Evaluation and Appraisal Report exists to serve new development and redevelopment. Moreover, the City analyzes impacts of certain development proposals (rezonings, changes in Future Land Use designations, etc.) through the performance of concurrency management analyses as per the Concurrency Management System. The City has met its Level of Service Standard for sanitary sewer between the date of adoption and 2005, and has not had to delay or prohibit development or redevelopment due to sanitary sewer capacity issues. The County's programmed capital improvements and the City's continued implementation of land development regulations, permitting processes, and the concurrency management system should ensure that the adopted Sanitary Sewer Level of Service Standard is met through the planning periods. The City does not anticipate any problems in meeting its sanitary sewer Level of Service standard by 2015 or 2025. 2. Potable Water Transmission Capacity LOS Standard - Treatment system shall operate with a rated maximum daily capacity which is no less than 2 percent above maximum daily flow for preceding year, and an average daily capacity two percent above the average daily per capita system demand for the preceding five years. Water shall be delivered to users at a pressure no less than 20 pounds per square inch and no greater than 100 pounds per square inch. Minimum Fire Flow standards - Single Family Estate Density (n/a) - 500 gallons per minute (gpm); Single Family and Duplex Residential on Minimum Lots if 7,599 s.f. (n/a) - 750 gpm; Multi-Family Residential - 1,500 gpm; Hospital/Schools - 2,000 gpm; Business and Industry - 3,000 gpm. Water quality shall meet all federal, State and County primary standards for potable water. Systemwide storage capacity for finished water shall equal no less than 15 percent of systemwide average daily demand. The potable water network within the City of A ventura is an interconnected county-wide system. The City cooperates with Miami-Dade County W ASAD, the North Miami Beach Water and Sewer Department, and Miami-Dade Fire Rescue to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and to ensure sufficient capacity to serve development needs. According to Miami-Dade County's 2003 Evaluation and Appraisal Reporf8, in 2003 the capacity of Miami-Dade County's water system was 454.77 million gallons per day, which exceeded average daily demand of 346.10 million gallons per day and provided adequate capacity to meet and exceed the City's Level of Service standard. The EAR further reported that no areas of fire flow deficiency existed in the City of Aventura. Miami-Dade County currently has programmed $883 million in water capital improvements projects in order to ensure its ability to continue to provide the capacity needed to address existing and projected demand for potable water. Based on this information, the City does not anticipate any problems in meeting and exceeding its potable water Level of Service standard by 2015 or 2025. 3. Miami Dade Coumy Adopted 2003 Eva/uation and Appraisal Report, Miami-Dade Department of Planning and Zoning 202 City of A ventura 2005 Evaluation and Appraisal Report The City, through its permitting processes and land development regulations, and coordination with the County, ensures that adequate potable water capacity exists to meet the adopted Level of Service Standard. Moreover, the City analyzes impacts of certain development proposals (rezonings, changes in Future Land Use designations, etc.) through the performance of concurrency management analyses as per the Concurrency Management System. The City has met its Level of Service Standard for potable water between the date of adoption and 2005, and has not had to delay or prohibit development or redevelopment due to potable water capacity issues. The County's programmed capital improvements and the City's continued implementation of land development regulations, permitting processes, and the concurrency management system should ensure that the adopted Potable Water Level of Service Standard is met through the planning periods. The City does not anticipate any problems in meeting its Potable Water Level of Service standard by2015 or 2025. Chapter 163, Florida Statutes, requires the preparation ofa 10-year Water Supply Facilities Workplan by local governments with water supply facility responsibilities. The City does not have water supply responsibilities, as it receives its water supply through the Miami- Dade Water and Sewer Department and the City of North Miami Beach Water and Sewer Department. Therefore, the City will support Miami-Dade County and the City of North Miami Beach in their implementation of the Water Supply Facilities Workplan requirement as appropriate, and other County and City of North Miami Beach efforts to ensure that the City's water supply needs are met. 3. Recreation and Open Space LOS Standard - 2.75 acres of public parks per 1,000 residents In order to determine the amount of recreation and open space that is available for use by residents for concurrency purposes, the City counts public parks at 100 percent, private recreation facilities at 50 percent, and marinas and golf course at 25 percent. Based on this formula, the City's existing recreation and open space acreage is 114. The City is therefore exceeding its recreation and open space Level of Service standard by 38.4 acres. The City has met its Level of Service Standard for recreation open space between the date of adoption and 2005, and has not had to delay or prohibit development or redevelopment due to recreation and open space issues. The City anticipates that it will continue to meet this standard through 2025 through the acquisition of required park land and open space through its Parks Impact Fee, general funds, grants, and other methods. Moreover, the City analyzes impacts of certain development proposals (rezonings, changes in Future Land Use designations, etc.) through the performance of concurrency management analyses as per the Concurrency Management System. Please see Chapter II.E. for more information. 203 City of A ventura 2005 Evaluation and Appraisal Report 4. Solid Waste Collection Capacity The County Solid Waste Management System, which includes County-owned solid waste disposal facilities and those operated under contract with the County for disposal, shall, for a minimum of five years, collectively maintain a solid waste disposal capacity sufficient to accommodate waste flows committed to the system through long-range inter local agreements or contracts with municipalities and private waste haulers and anticipated non- committed waste flows. The City requires that developers contract with private waste haulers for solid waste disposal services. Miami-Dade County provides the disposal facilities for solid waste collected in the City. According to the County's 2003 Evaluation and Appraisal Report, the County's existing solid waste disposal system has the capacity to meet solid waste disposal demand through 20 I I. The County has programmed $75.83 million in capital solid waste disposal projects to address existing and projected demand, and to further expand capacity. The City has met its Level of Service Standard for solid waste between the date of adoption and 2005, and has not had to delay or prohibit development or redevelopment due to solid waste collection capacity issues. The City therefore does not anticipate any problems in meeting its solid waste Level of Service standard by 2015 or 2025. The City, through its permitting processes, land development regulations, and concurrency management system, ensures that adequate solid waste collection capacity exists to meet the adopted Level of Service Standard. Moreover, the City analyzes impacts of certain development proposals (rezonings, changes in Future Land Use designations, etc.) through the performance of concurrency management analyses as per the Concurrency Management System. 5. Drainage LOS Standard - The City's drainage Level of Service standard contains both a flood protection and water quality component. The minimum acceptable flood protection Level of Service standards for A ventura shall be protection from the degree of flooding that would result for a duration of one day from a ten year storm, with exceptions in previously developed canal basins where additional development to this base standard would pose risks to existing development. All structures shall have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation or eighteen inches above the highest point of the adjacent road crown elevation, whichever is higher. The Water Quality Level of Service standard shall be met when the average annual for each of the identified National Pollutant Discharge Elimination System pollutants does not exceed the target criteria for such pollutants within a canal basin or sub-basin. Under the City's Concurrency Management System, jssuance of any development permit shall require compliance with the drainage Level of Service Standard while incorporating water quality considerations in accordance with the City's NPDES permit. Moreover, the City analyzes impacts of certain development proposals (rezonings, changes in Future Land 204 City of A ventura 2005 Evaluation and Appraisal Report Use designations, etc.) through the performance of concurrency management analyses as per the Concurrency Management System. The City has met its Level of Service Standard for drainage between the date of adoption and 2005, and has not had to delay or prohibit development or redevelopment due to drainage issues. The City therefore does not anticipate any problems in meeting its drainage standard by 2015 or 2025. The City, in conjunction with such regulatory agencies as the Miami-Dade County Department of Environmental Resources Management, South Florida Water Management District, Biscayne Bay Management Committee, Florida Department of Environmental Protection, and U.S. Army Corps of Engineers, works to reduce point and non-point source pollutant loading into surface waters. The City complies with the requirements of its National Pollutant Discharge Elimination Permit with the U.S. Environmental Protection Agency in operating its sanitary storm sewer discharge system. As noted in Miami-Dade County's EAR, the Miami-Dade County Department of Environmental Resources Management is working with the Florida Department of Environmental Protection on the establishment of anti-degradation targets, but these targets have yet to be promulgated. The Miami-Dade EAR further states that while water quality data obtained through the Biscayne Bay Partnership Initiative and the Biscayne Bay Surface Water Quality Monitoring Program indicates that the quality of Biscayne Bay waters remains high, the quality of discharge waters remains suspect, and that the impacts of programs designed to reduce pollutant loading into the Bay will not be known until the next EAR cycle. 6. Traffic Circulation The City's adopted Level of Service standards for transportation are: a minimum peak period LOS of E on State and City roads where no public mass transit exists; where mass transit having headways of 20 minutes or less is provided, roadways shall operate at no greater than 120 percent of their capacity, and; where extraordinary transit service such as commuter rail or express bus service exists, parallel roadways within y, mile shall operate at no greater than 150 percent oftheir capacity. An express bus service is provided in the City between Aventura Mall and Golden Glades, and along Biscayne Boulevard. The Level of Service standards for roadways are based on the following definitions: . LOS A - free flow traffic operations at average travel speeds; · LOS B - stable flow with other users in traffic stream; · LOS C - uncongested with other users causing significant interactions; . LOS D - congested stable flow with major delays; · LOS E - very congested with traffic at or near capacity, and; · LOS F - extremely congested with breakdown flows. In order to determine the current levels of service on roadways in A ventura, level of service information was taken from the Miami Dade County MPO 2030 Long Rang Transportation Plan, which is the official transportation planning document for Miami-Dade County. It 205 City of A ventura 2005 Evaluation and Appraisal Report specifies all transportation projects to be planned, designed or constructed within this time horizon. It utilizes a complex modeling structure which integrates the most recent Census data and traffic information. It then distributes and projects trips, volumes and levels of service in the future. A new LRTP is developed every five years. This becomes the basis for determining and prioritizing transportation needs. To be eligible for federal dollars, projects must first be part of this plan. Information indicates that at the time of the counts: Ives Dairy Road was operating at LOS F, William Lehman Causeway was operating at LOS B, Biscayne Boulevard was operating at LOS F, and Country Club Drive, Aventura Boulevard, Waterways Boulevard, and NE 34th A venue, were all operating at LOS B or better. Overal~ this examination determined that there is capacity remaining on the roadway network (nearly an extra travel lane's worth, or 2,000 trips). Nonetheless, based on the most recent available data, the City is not meeting its roadway Level of Service standards on Biscayne Boulevard or Ives Dairy Road. Figure III.D.I in Chapter 11.0. shows the projected levels of service on the city's roadways during the planning period. As can be seen, it is projected that by 2030: William Lehman Causeway will be operating at LOS B; Aventura Boulevard will be at LOS 0, and; Country Club Drive will be mainly at LOS E, with the links approaching the William Lehman Causeway at LOS F. NE 34th Avenue will be at LOS F and Waterways Boulevard will be at LOS E. Ives Dairy Road and Biscayne Boulevard will continue to operate at LOS F. Therefore, it is projected that the City will not be meeting its roadway Level of Service standards for portions of Country Club Drive, Ives Dairy Road, or Biscayne Boulevard in 2030. Miami-Dade County's Urban Infill Area (UIA), which includes the City of Aventura, is designated as a Transportation Concurrency Exemption Area, and is exempt from transportation concurrency requirements. The City has therefore not had to delay or prohibit development or redevelopment due to transportation concurrency issues between the date of adoption and 2005. Please see Chapter II.D. for the City's recommendation to address its traffic circulation Level of Service during the planning period. 7. Mass Transit The City accepts Miami-Dade County's Mass Transit Level of Service as stated in the 1997 CDMP Capital Improvements Element and Mass Transit Subelement, which states: the average combined population and employment density along the corridor between the existing transit network and area of expansion exceeds 4,000 per square mile, and the corridor is .05 miles on either side of the necessary new route extensions of the area for expansion; it is warranted that there is sufficient demand to warrant service; the service is economically feasible, and; the expansion to transit services into new areas is not detrimental to existing or planned services in higher density areas with greater need. Miami-Dade County's Mass Transit Level of Service standards has been updated to state that al areas within the Urban Development Boundary with a combined resident and work- force population of more than 10,000 persons per square mile shall be provided with 206 City of A ventura 2005 Evaluation and Appraisal Report minimum peak-hour mass transit service having 60-minute headways and an average route- spacing of one mile. According to the County's 2003 Evaluation and Appraisal Report, all areas of Miami-Dade County, including the City of A ventura, are meting or exceeding the adopted LOS standard for mass transit. The City has met its Level of Service Standard for mass transit between the date of adoption and 2005, and has not had to delay or prohibit development or redevelopment due to mass transit capacity issues. The City does not anticipate any problems in meeting its mass transit Level of Service standard by 2015 or 2025. 8. Police Protection The City's Police Protection Level of Service Standard does not include numerical measures, but references establishment of Police Impact Fee. As noted in Chapter II.E., between 1997 and 2005 the number of sworn police officers in the City of A ventura increased from 49 to 76. The City's crime rate has decreased rapidly during that period, as is demonstrated on Table II.E.3 in Chapter II.E. In order to maintain and improve the quality of its police services, and ensure that new development pays its fair share for increased police services that will be necessitated by such development, the City collects a Police Fee as per Article IV., Division 5 of its Code of Ordinances. Under these requirements, developers must pay $96.47 per residential unit and $.140 per square foot of non-residential development. Between FY 04 and FY 09, it is projected that the police impact fee will generate revenues of$614,250. These funds are earmarked for capital outlay items such as new equipment necessitated by increased demand. The City has met its Level of Service Standard for police protection between the date of adoption and 2005, and has not had to delay or prohibit development or redevelopment due to police protection issues. The City does not anticipate any problems in meeting its police protection Level of Service standard by 2015 or 2025. 9. Fire Protection The City's Fire Protection Level of Service Standard is the County's standard for the provision of fire-rescue services to the City. As noted in Chapter II.E., fire service in the City of Aventura is provided by the Miami-Dade County Fire Rescue Department. The City coordinates with the County in order to maintain and improve the quality of fire rescues service that it provides to the City and its residents. The average fire rescue response time in Miami-Dade County is currently estimated to be between eight and nine minutes. The average response time in the City is six to eight minutes.39 39 City of A ventura, Emergency Services Response. City Commission Workshop Agenda, April 21, 2005 207 City of A ventura 2005 Evaluation and Appraisal Report C. Coordination of Land Use and Public School Planning The City of A ventura has coordinated its Comprehensive Plan with existing and planned public schools as per statutory requirements since the date of adoption. As prescribed, the School Board would provide the City with a letter asking for a finding of consistency with the Comprehensive Plan before acquisition of school sites within the City, and the City would respond in the required timeframe. Additionally, the School Board has provided the City with copies of its Five Year Plans. 1. Interlocal Agreement for Joint Public School Facility Planning In February 2003 the City, along with 28 other municipalities, Miami-Dade County and Miami-Dade County Public Schools entered into the Inter/oea/ Agreement for Public School Facility Planning In Miami-Dade County. This far-reaching collaborative agreement, which was mandated by Sections 163.31777 and 1013.33 of the Florida Statutes, allows for better coordination in the educational facilities decision making process. Key requirements of the 1nterlocal Agreement40 are outlined as follows: · The establishment of a staff working group comprised of the County Mayor/Manager and/or his designee, the School Board Superintendent and/or his designee, and City Mayors/Managers and their designees to meet on an annual basis to: discuss issues and formulate recommendations regarding public school issues; provide M-DCPS with input and recommendations on the Educational Facilities Plan, Educational Plant Survey, and the need for new facilities and expansion, renovation, and closure of existing facilities; and to identiJY opportunities for the co-location and/or shared-use of civic and school facilities. · The coordination of a joint annual workshop with elected officials of the School Board, County, and municipalities to discuss public school issues. · The development of coordinated projections of the amount, type, and distribution of population growth. · Expansion ofM-DCPS' standing School Site Planning and Construction Committee by four (4) voting members to include "a floating member of the most impacted municipality to which the agenda item relates", a "representative appointed by the Miami-Dade County League of Cities", a representative from Miami-Dade County, and "a member of the residential building industry". 40 Interlocal Agreement for Public Scbool Facility Planning in Miami-Dade County, 3/05/03 208 City of A ventura 2005 Evaluation and Appraisal Report . The County and municipalities must invite a non-voting representative appointed by the School Board to attend meetings of the local planning agencies at which development requests that will impact public school enrollments are considered. · The County and municipalities must notifY M-DCPS of proposed land use applications and development proposals that affect student enrollment. 2. Charter Schools In 1996, the State of Florida enacted legislation that provided for the creation of charter schools, non-profit corporations that are typically operated by a group of parents, teachers, an organization, a municipality, universities, and/or a combination of more than one group. There are many reasons to establish a charter school but as outlined in the Board Rule the major reasons are: to improve student learning, to increase learning opportunities for all students with special emphasis on expanded learning experiences for academically low achieving students; to encourage use of innovative learning methods; to increase choices of learning opportunities for students; to establish a new form of accountability for schools; to require the measurement oflearning outcomes and create innovative measurement tools; to make the school the unit for improvement; and to create new professional opportunities for teachers.41 A charter school is bound by the requirements of Sections 228.056, 230.22 and .23, Florida Statutes and Miami-Dade County School Board Rule 6Gxl3.6A.I.47 and must be reviewed and approved by the School Board. They are also fully recognized public schools. On August 25, 2003, the Aventura City of Excellence Charter School opened as the first municipally sponsored charter school in Miami-Dade County. Located at 3333 NE 188 Street, the A ventura City of Excellence Charter School serves up to 600 students between kindergarten and fifth grade. In its short history the school has become an important component of the community, and a source of great civic pride. Its success is evidenced by a return rate of over 99 percent and A rating. The school operates as a City Department, and its Principal reports to the City Manager. The school demonstrates the City's commitment to ensuring the quality of life of existing and future residents. The City is currently expanding the A ventura City of Excellence Charter School to serve 6th grade students by 2005, 7'h grade students by 2006, and 8th grade students by 2007 increasing the student capacity to 900. 3. Miami-Dade County Working Group on Public Scbools Overcrowding Relief The City of A ventura faces a number of specific challenges regarding public schools. As a result of current development and redevelopment trends, the City's population is expanding, as is the demand for school facilities. A number of the County's school facilities are overcrowded, and new schools cannot be provided quickly enough to meet the demand for new student stations. As noted earlier, the City has few remaining vacant and 41 The School Board of Miami-Dade County, Florida Board Rules 209 City of A ventura 2005 Evaluation and Appraisal Report developable parcels, which limits the availability of land for new school construction. In response to the overcrowding problem that is plaguing many County schools, in September 2003 Miami-Dade County and the Miami-Dade School Board established the Miami-Dade County Working Group on Public Schools Overcrowding Relief. In October 2004, the task force adopted a final report for submission to the Miami-Dade Board of County Commissioners and School Board. Key recommendations include: levying additional documentary stamp fees on the sale or resale of homes for school construction; exempting the cost of a parking garage from the cost per student station restriction when building a new facility; establishing criteria for allowing the conversion of non-school structures into public education facilities; revising the educational "amenities" that are required at public schools to save time, money and space; siting schools along existing and future transit corridors; pursuing Educational Facilities Benefit Districts in areas of substantial growth; and periodic review of the County Educational Facilities Impact Fee Ordinance. Ofparticular interest to the City of Aventura are strategies to reduce the land requirements for public schools, which would otherwise preclude new schools from being constructed in many areas of the City. Allowances for multi-story schools, the location of schools along transit corridors, promoting the joint use of facilities, and allowing the conversion of non- school structures into public education facilities are all examples of strategies to provide new or expanded public schools despite the scarcity of vacant, developable land. 4. Educational Facilities Impact Fee Miami-Dade County's Educational Facilities Impact Fee imposes an impact fee on new residential development throughout the County in order to offset some of the costs of providing student stations to accommodate the additional demand for student stations created by such development. An ongoing concern with the Educational Facilities Impact Fee is that the County's three designated benefit districts are too large to ensure that moneys collected are expended at the schools most directly impacted by the development. A key recommendation of the Miami-Dade County Working Group on Public Schools Overcrowding Relief calls for the periodic review of the Public Educational Facilities Impact Fee Ordinance. Refining the benefit districts to ensure the equitable distribution of impact fees should be a paramount issue in the City's review ofthe Ordinance. 210 City of A ventura 2005 Evaluation and Appraisal Report D. Consistency with Growth Management Laws Section 163.3191 (2)(1), F.S., requires that the Evaluation and Appraisal Report evaluate relevant changes in growth management laws since the date of the Comprehensive Plan's adoption for consistency with the Aventura Comprehensive Plan. This evaluation was conducted based on the date that the Comprehensive Plan (1998). The following summarizes the results ofthis review. 1. State Comprehensive Plan As noted above, Section 163.3191 requires that the Evaluation and Appraisal Report evaluate relevant changes in growth management laws, including the State of Florida Comprehensive Plan, since the date that the City's Comprehensive Plan was adopted. Appendix C indicates the manner in which the City is complying with the adopted State of Florida Comprehensive Plan (Chapter 187, Florida Statutes). Based on a review of Appendix C., the following additional Comprehensive Plan amendments are recommended. a. Intergovernmental Coordination Element Recommendation IV.D.I. Add a new Policy under Objective I stating that the City shall continue to coordinate with the State and other agencies, as appropriate, in achieving the goals, objectives, and policies of the State Comprehensive Plan. 211 City of A ventura 2005 Evaluation and Appraisal Report 2. Chapter 163, Florida Statutes A table indicating the manner in which the City of A ventura is addressing the requirements of Chapter 163, Florida Statutes, is attached as Appendix D. In July 2005 the State of Florida adopted additional amendments to Chapter 163 and its growth management requirements. As demonstrated on Appendix D, the 2005 amendments will necessitate a number of amendments to the Comprehensive Plan. Please see Chapters II.D. and II.E. for the City's response to the new requirements regarding Transportation Concurrency Exception Areas, public school concurrency, and public school fucilities elements. In addition, the new requirements direct that the City's Capital Improvements Program be adopted into the Capital Improvements Element, and that the City's Comprehensive Plan be amended annually to reflect Capital Improvements Program updates. Based on a review of the Table in Appendix D., including the 2005 amendments, the following additional Comprehensive Plan amendments are recommended: a. Future Land Use Element Recommendation IV.D.2. It is recommended that the Future Land Use Element be amended to include a new Policy under Objective 5 to address criteria for ensuring compatibility of new development or redevelopment with military installations, as required by s. 163.3177, F.S. The Policy should note that while there are no military installations within or proximate to the City at present, the City will adhere to State statutory requirements to ensure compatibility of new development and redevelopment with military operations if a military installation is located within or within one-half mile of its boundaries in the future. b. Infrastructure Element Recommendation IV.D.3. Add a new Policy under Objective 5 stating that the City shall review the water supply facility workplans of Miami-Dade County and North Miami Beach, as they are adopted and/or periodically updated, in order to identifY alternative projects that will increase its water supply, and shall coordinate with Miami-Dade County and North Miami Beach, as appropriate, in the implementation of these projects. c. Capital Improvements Element Recommendation IV.D.4. It is recommended that a new Objective and policies be added to the Capital Improvements Element to provide for the following: · The City's Five Year Capital Improvements Program (Appendix B), as included herein, is formally adopted into the City's Capital Improvements Element, and future updates to the Capital Improvements Program shall be adopted into the Comprehensive Plan by amendment on an annual basis. Outside revenue sources included in the Five Year Capital Improvements shall be guaranteed by developer agreements and interlocal agreements. The Capital Improvements Program shall be coordinated, as appropriate, with the Miami-Dade Metropolitan Planning 212 City of A ventura 2005 Evaluation and Appraisal Report Organization's Long Range Transportation Plan and the Water Supply Facility Workplans of Miami-Dade County and North Miami Beach. d. Intergovernmental Coordination Element Recommendation IV.D.5. Policy 1.1 states that Aventura will make full use of coordination mechanisms to ensure consistency between its Comprehensive Plan and the comprehensive plans of adjacent jurisdictions. It is recommended that this Policy be amended to insert "and any Campus Master Plan that will impact or be impacted by the City" at the end ofthe Policy". Recommendation IV.D.6. In addition, it is recommended that new policies providing for the following be included under Objective I. · In accordance with the adopted "Inter local Agreement for Public School Facility Planning in Miami-Dade County", the City shall participate as appropriate in Miami-Dade County Public School's School Site Planning and Construction Committee, and shall seek, where feasible and mutually acceptable, to collocate schools with other public facilities, such as parks, libraries, and community centers to the extent possible. · The City shall utilize the procedures called for in the "Interlocal Agreement for Public School Facility Planning in Miami-Dade County" and Sections 1013.33, F.S., in order to evaluate the appropriateness of prospective public school sites within the City. · The City will annually review Miami-Dade County Public School's Tentative District Educational Facilities Plan and the 5- Year Workplan, as provided for in the "Interlocal Agreement for Public School Facility Planning in Miami-Dade County". This review will include an analysis of the Tentative District Educational Facilities Plan and the 5-Year Workplan's consistency with the Comprehensive Plan, and the identification of any necessary Comprehensive Plan amendments. . The City shall coordinate, as appropriate, with the State of Florida, South Florida Regional Planning Council, Miami-Dade County Public Schools, and other agencies in the adoption of a Public Schools Element, in accordance with the established schedule, into the Comprehensive Plan. Areas to be addressed in the Public Schools Element include, but are not limited to, public school concurrency requirements, coordination with other jurisdiction in the development and implementation of uniform school concurrency procedures, proportionate share school impact mitigation options for developers, the collocation of schools with other public facilities, the location of schools proximate to residential areas, the use of schools as emergency shelters, the location of existing and planned school facilities (including maps). 213 City of A ventura 2005 Evaluation and Appraisal Report Recommendation IV.D.7. It is recommended that new policies be added under Objective 2 ofthe Intergovernmental Coordination Element to provide for the following: · The City shall support, as appropriate, Miami-Dade County's development and implementation of the Water Supply Facilities Workplan required by Florida Statute, and the water conservation efforts of other agencies. e. Coastal Management and Conservation Element Recommendation IV.D.8. It is recommended that a new Policy be added under Conservation Objective 8 of the Coastal Management and Conservation Element to provide for the following: · The City shall support, as appropriate, Miami-Dade County and the City of North Miami Beach in their development and implementation of the Water Supply Facilities Workplan required by Florida Statute, and the water conservation efforts of other agencies. 214 City of A ventura 2005 Evaluation and Appraisal Report 3. Rule Chapter 9J-5, Florida Administrative Code A table indicating the manner in which the City of Aventura is addressing the requirements of Rule Chapter 9J-5, Florida Administrative Code, is attached as Appendix E. Based on a review of this Table, the following amendments are recommended. a. Intergovernmental Coordination Element Recommendation IV.D.9. Policy 1.1 states that Aventura will make full use of coordination mechanisms to ensure consistency between its Comprehensive Plan and the comprehensive plans of adjacent jurisdictions. It is recommended that this Policy be amended to insert "and any Campus Master Plan that will impact or be impacted by the City" at the end ofthe Policy". 215 City of A ventura 2005 Evaluation and Appraisal Report 4. Strategic Regional Policy Plan for South Florida As noted above, Section 163.3191 requires that the Evaluation and Appraisal Report evaluate relevant changes in growth management laws, including the South Florida Regional Planning Council's Strategic Regional Policy Plan of South Florida (SRPPSF), which was adopted on June 7, 2004 and became effective on July 7, 2004. Appendix F indicates the manner in which the City is complying with the South Florida Regional Policy Plan. Based on a review of Appendix F., the following additional amendments are recommended. a. Housing Element Recommendation IV.D.IO. Add a new Policy under Objective I of the Housing Element stating that the City will coordinate, as appropriate, with the South Florida Regional Planning Council in the development and implementation of the Regional Housing Plan. b. Intergovernmental Coordination Element Recommendation IV.D.ll. Add a new Policy under Objective I of the Intergovernmental Coordination Element stating that the City shall continue to coordinate with the South Florida Regional Planning Council, and other agencies as appropriate, in achieving the goals, objectives, and policies of the South Florida Strategic Regional Policy Plan. 216 City of A ventura 2005 Evaluation and Appraisal Report E. Impacts of Density Reductions in Coastal Higb Hazard Areas Section 163.3191(2)(1), F.S., requires that local governments "evaluate whether past reductions in land use densities in coastal high hazard areas have impaired property rights of current residents where redevelopment occurs". The City of Aventura is not located within the Coastal High Hazard Area, with the exception of the Island Estates area located adjacent to Williams Island on two islands extending into the Intracoastal Waterway (see the portions of the City located in Zone A on Figure 1I,C.1). The westernmost island is currently developed with 22 single family estate homes, The easternmost island is currently vacant, but has vested rights agreements for 17 units per gross acre. Both islands are designated Medium High Density Residential on the Comprehensive Plan's Future Land Use Plan Map, and are zoned RS-2 (Residential Single Family), The City shall not approve any development applications that would serve to increase density of this development beyond what exists or is allowed by current zoning and/or vested rights. No density reductions that have adversely impacted property rights have occurred or are projected to occur on these islands. 217 City of A ventura 2005 Evaluation and Appraisal Report F. Evaluation of Multimodal Transportation District and the Need for Developing a Common Methodology for Measuring Transportation Impacts Section 163.3191(2)(0), F.S., requires that local governments evaluate the extent to which the multi-modal transportation district has been successful in achieving its purpose. As noted in Chapter II.D., the City of Aventura is located within Miami-Dade County's Urban Infill Area (UIA), which is designated as a Transportation Concurrency Exemption Area, and is exempt from transportation concurrency requirements. The City has therefore not had to delay or prohibit development or redevelopment due to transportation concurrency issues between 1995 and 2005. In this regard, the Transportation Concurrency Exception Area has been successful in achieving one of its purposes; allowing development and redevelopment in established infill areas where infrastructure is in place, despite the cOngested roadway conditions that often exist in such areas. The City's adopted Level of Service standards for transportation are: a minimum peak period LOS of E on State and City roads where no public mass transit exists; where mass transit having headways of 20 minutes or less is provided, roadways shall operate at no greater than 120 percent of their capacity, and; where extraordinary transit service such as commuter rail or express bus service exists, parallel roadways within Y, mile shall operate at no greater than 150 percent of their capacity. An express bus service is provided in the City between Aventura Mall and Golden Glades, and along Biscayne Boulevard. The Level of Service standards for roadways are based on the following definitions: · LOS A - free flow traffic operations at average travel speeds; · LOS B - stable flow with other users in traffic stream; . LOS C - uncongested with other users causing significant interactions; · LOS D - congested stable flow with major delays; · LOS E - very congested with traffic at or near capacity, and; . LOS F - extremely congested with breakdown flows. In order to determine the current levels of service on roadways in Aventura, level of service information was taken from the Miami Dade County MPO 2030 Long Rang Transportation Plan, which is the official transportation planning document for Miami-Dade County. It specifies all transportation projects to be planned, designed or constructed within this time horizon. It utilizes a complex modeling structure which integrates the most recent Census data and traffic information. It then distributes and projects trips, volumes and levels of service in the future. A new LRTP is developed every five years. This becomes the basis for determining and prioritizing transportation needs. To be eligible for federal dollars, projects must first be part of this plan. Information indicates that at the time of the counts: Ives Dairy Road was operating at LOS F, William Lehman Causeway was operating at LOS B, Biscayne Boulevard was operating at LOS F, and Country Club Drive, Aventura Boulevard, Waterways Boulevard, and NE 34th Avenue, were all operating at LOS B or better. Overall, this examination determined that there is capacity remaining on the roadway network (nearly an extra travel lane's 218 City of A ventura 2005 Evaluation and Appraisal Report worth, or 2,000 trips). Nonetheless, based on the most recent available data, the City is not meeting its roadway Level of Service standards on Biscayne Boulevard or Ives Dairy Road. By 2030: William Lehman Causeway will be operating at LOS B; Aventura Boulevard will be at LOS D, and; Country Club Drive will be mainly at LOS E, with the links approaching the William Lehman Causeway at LOS F. NE 34th Avenue will be at LOS F and Waterways Boulevard will be at LOS E. Ives Dairy Road and Biscayne Boulevard will continue to operate at LOS F. Therefore, it is projected that the City will not be meeting its roadway Level of Service standards for portions of Country Club Drive, Ives Dairy Road, or Biscayne Boulevard in 2030. The City's existing transportation system is comprised of more than roadways. Mass transit service in the City is provided by the Miami-Dade Transit Authority through express and regular bus service (Figure II.D.2)42, and by the City of Aventura through its internal shuttle bus service (Figure 11.0.3). The City of Aventura's shuttlebus service boasts an average monthly ridership of 9,000, and has had a total ridership of 457,138 since its inception in 199943. Bicycles and pedestrian paths/sidewalks are another important component of the City's transportation system. The City provides sidewalks along most major roadways, and major bicycle and pedestrian paths along Country Club Drive around the Turnberry Golf Course and along NE 187 Street. In addition, there are many waterways in the City that provide opportunities for recreational boating. Although there is no water taxi service in the City at present, it might be explored as a future option for trips within the City, and between the City and other waterfront locales. These projects demonstrate the City's commitment to providing a multi-modal transportation system, in accordance with its Transportation Concurrency Exception Area. Section 163.3191(2)(p), F.S. requires an assessment of the extent to which changes are needed to adopt a common methodology for measuring impacts on transportation facilities among municipalities and counties. As noted in Chapter II.D., by 2006 the City shall measure the impacts of proposed development and redevelopment on its multi-modal transportation system, in accordance with S. 163.3180, F.S. The City shall coordinate with FDOT, Miami-Dade County, and other jurisdictions in the County in the identification of changes that are needed in order to develop of common methodologies for measuring such impacts. Additional coordination and analysis is needed in order to determine the nature and extent of specific changes. 42 Miami-Dade Transit Authority, 2005 43 City of Aventura ShulI/ebus Ridership Summary, January 1999 to Present, City of Aventura Community Services Department, 2005 219 City of A ventura 2005 Evaluation and Appraisal Report CHAPTER V. SUMMARY OF RECOMMENDA nONS The following Chapter includes a complete listing of the Evaluation and Appraisal Report recommendations by Element. These recommendations are made as a result of the evaluation and appraisal of the Aventura Comprehensive Plan that is documented in Chapters II., III., and IV. Please refer to these chapters for more information about the reasons that specific recommendations are being made. A. FUTURE LAND USE ELEMENT RECOMMENDA nONS Amend the Future Land Use Element as follows: Recommendation LU-t. A number of the major issues facing the City, including building heights, concerns over the intensity of development, and ensuring compatibility between existing neighborhoods and new development and redevelopment, must be addressed through the City's land development regulations, It is therefore recommended that a new Objective and policies be added to the Future Land Use Element to state that by 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City. The revised land development regulations shall address strategies to: . accommodate growth while maintaining neighborhood integrity; . ensure appropriate height and site development requirements and design guidelines; . ensure appropriate transitions and linkages between different neighborhoods and uses; . encourage more walkable neighborhoods; · buffer neighborhoods and existing development from the encroachment of incompatible uses; . limit the intensity of future development and redevelopment in a manner that is consistent with current development patterns, and that minimizes further negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times, and quality of life, and; · prevent redevelopment of a parcel in a manner that would significantly increase its existing intensity or density, unless redevelopment of said parcel will implement specific development and redevelopment goals that are or that might be established for particular areas. Recommendation LU-2. Policy 1.1 defines the City's residential land categories. It is recommended that Policy 1.1 be amended to the following: . under the Medium Density land use category delete "authorizes apartment buildings ranging" and replace with "allows a range in density". Also, add the following to the end of the second sentence ", but may also include single family detached, duplexes, triplexes and quadruplexes" . under the Medium-High Density category delete "authorizes apartment buildings ranging from" and replace with "allows a range in density". Add the following new sentences: "The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family 220 City of A ventura 2005 Evaluation and Appraisal Report detached, duplexes, triplexes, quadruplexes and townhouses. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality oflife." Recommendation LU-3. Policy 1.2 defines the City's non-residential land use categories. It is recommended that Policy 1.2 be amended to: . Add text to the Business and Office Category to state that the maximum intensity allowable on a given site shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels of service and quality of life; . Add text to the Town Center Category to clarifY that such centers are not intended to be Regional Activity Centers, but are instead intended to primarily serve the City's existing and future residents and businesses, and; . Add a Water Category which specifies that areas designated Water provide numerous benefits to the City of Aventura and are an important component of the City's multi-modal transportation network, storrnwater drainage infrastructure, and natural and built environments. It should specifY that the use of these areas shall be limited to recreational and commercial boating facilities (including water taxis and ferries), the provision of open space and urban relief, recreation, waterways, wetlands, flood control, stormwater drainage and storage, and natural resource protection and enhancement, and comply with the requirements of Chapter 24, "Environmental Protection...", of the Miami-Dade County Code of Ordinances. It should further state that development in or above such areas in a manner that will diminish these functions shall be prohibited, and that development and redevelopment adjacent to these areas shall include provisions to enhance these functions where appropriate. Recommendation LU-4. Policy 2.1 states that in planning and designing development and redevelopment, the City shall enforce the guidelines contained in the Comprehensive Plan's Urban Design Element. It is recommended that this Policy be revised to replace the reference to "Urban Design Element" with "redevelopment plans, the Redevelopment Element, and land development regulations". Recommendation LU-5. Policy 2.4 addresses the designation of sites and use of landscaping materials in public projects, an important consideration in development and redevelopment. It is recommended that this Policy be amended to call for the use of native landscaping materials where feasible and appropriate in public projects. Recommendation LU-6. Objective 3 states that decisions regarding the location, extent, and intensity of future land use in A ventura will be based on environmental 221 City of A ventura 2005 Evaluation and Appraisal Report conditions and the financial feasibility of providing services at levels that meet or exceed adopted levels of service by 2005. It is recommended that this Policy be amended to update the date to 2015, and to expand the text to also state that decisions regarding the location, extent and future land use in A ventura will be based on compatibility with and the minimization of adverse impacts on existing neighborhoods, and the ability to maintain the hurricane evacuation clearance times of 12 hours or less. Recommendation LV-7. Objective 5 states that by 2005 A ventura shall reduce the number of existing uses that are inconsistent with the uses designated in the Future Land Use Plan Map. It is recommended that this Policy be amended to update the date to 2015, and to state that the City shall continue to reduce the number of land uses inconsistent with the uses designated on the LUP Map. Recommendation LV-S. Policy 5.1 identifies a number of factors that the City will consider in evaluating compatibility among proximate land uses. It is recommended that this Policy be amended to include the existing character and function of the surrounding neighborhood, consistency with the goals and objectives of the Comprehensive Plan, and specific neighborhood development and redevelopment plans in the list of fuctors to be considered in compatibility evaluations. Recommendation LV-9. Policy 5.2 states that residential neighborhoods shall be protected from the intrusion of uses that will disrupt the neighborhood. It is recommended that this Policy be amended to remove the word residential, as all neighborhoods should be provided with this protection, regardless of function. Recommendation LV-tO. It is recommended that the Future Land Use Element be amended to include a new Policy under Objective 5 to address criteria for ensuring compatibility of new development or redevelopment with military installations, as required by s. 163.3177, F.S. The Policy should note that while there are no military installations within or proximate to the City at present, the City will adhere to State statutory requirements to ensure compatibility of new development and redevelopment with military operations if a military installation is located within or within one-half mile of its boundaries in the future. Recommendation LV-ll. Objective 6 states that upon adoption of the Comprehensive Plan, all public and private activities regarding the use, development and redevelopment of land shall be consistent with the Comprehensive Plan's goals, objectives, and policies. It is recommended that this Policy be amended to reflect the fact that the Comprehensive Plan has been adopted. Recommendation LV-t2. Policy 2.1 states that the City shall undertake efforts to locate sites with confirmed historic, architectural, and archeological significance. It is recommended that this Policy be amended to state that by 2010 the City shall coordinate with the Miami-Dade County Office of Historic Preservation and Florida Department of State in order to identiJy significant historically, architecturally, or archaeologically- significant sites, if any, within its jurisdiction. 222 City of A ventura 2005 Evaluation and Appraisal Report Recommendation LV-13. Policy 8.1 calls for the City to establish opportunities to amend the Comprehensive Plan. It is recommended that this Policy be amended to reflect the City's established procedures for Comprehensive Plan amendments. Recommendation LV-14. Policy 8.2 specifies the criteria by which applications to amend the Comprehensive Plan shall be evaluated. It is recommended that "impacts on the City's ability to maintain the hurricane evacuation clearance times of 12 hours or less" be added to the list of criteria. Recommendation LV-IS. Policy 9.1 states that the City shall maintain and enhance regulations governing the use and development ofland. It is recommended that this Policy be amended to include protecting and minimizing negative impacts to the character and function ofthe surrounding neighborhoods to the list of items that are regulated by the land development regulations. Recommendation LV-16. Policy 9.3 states that the City shall enact land development regulations within one year of adopting its Comprehensive Plan. It is recommended that this Policy be updated to reflect the fact that the Comprehensive Plan and land development regulations have been adopted, but may be amended from time to time. Recommendation LV-17. Objective II states that upon adoption of the Plan, the location, design and management of development and redevelopment shall ensure the protection of natural resources and systems. It is recommended that this Objective be amended to reflect the fact that the Comprehensive Plan has been adopted. Recommendation LV-18. Objective 12 states that the City shall coordinate its coastal planning area population densities with the South Florida Regional Planning Council and Miami-Dade County Office of Emergency Management. It is recommended that this Objective be amended to state that the City shall coordinate its coastal planning area population densities with the South Florida Regional Planning Council, Miami-Dade County Office of Emergency Management, and adjacent jurisdictions. Recommendation LV-19. Policy 12.1 states that all proposed Comprehensive Plan amendments that increase population density shall be analyzed for impacts on hurricane evacuation routes and times included in the 1996 South Florida Regional Hurricane Evacuation Study. It is recommended that this Policy be revised to state that the proposed Comprehensive Plan amendments that increase population density shall be analyzed for impacts on hurricane evacuation routes and times based on the best and most recent available South Florida Regional Planning Council data regarding hurricane evacuation clearance times in the City. Recommendation LV-20. It is recommended that a new Policy be added under Objective 12 stating that by 2007, the City shall coordinate with the appropriate agencies to ensure that updated data and methodologies are being utilized in hurricane evacuation 223 City of Aventura 2005 Evaluation and Appraisal Report clearance time formulas, and encourage the use of consistent evacuation clearance time standards by northeast Miami-Dade County municipalities. Recommendation LU-21. delete "by December 31, coordinate". It is recommended that Policy FLU-B.l be amended to 1999", and amended to read "The City shall continue to Recommendation LU-22. Amend the Future Land Use Plan Map to delete the proposed Community Facility depicted adjacent to the proposed Park in the northwest area of the City (Hospital District). 224 City of A ventura 2005 Evaluation and Appraisal Report B. TRANSPORTATION ELEMENT RECOMMENDATIONS Amend the Transportation Element as follows: Recommendation T-l. Add a new Objective to the Transportation Element stating that by 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City to ensure that new development enhances mobility options and that redevelopment does not further degrade transportation levels of service. Recommendation T-2. Add a new Policy under Objective I stating that beginning in 2006, the City of Aventura shall annually evaluate the impact of the Transportation Concurrency Exception Area on its transportation system, the Strategic Intermodal Transportation System, and adopted level of service standards of roadways funded in accordance with Section 339.2819, F.S., and identifY strategies to alleviate or mitigate such impacts. In accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted in the evaluation of such impacts. The City shall coordinate with FOOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. If it is determined that the Transportation Concurrency Exception Area is no longer adequate, the City shall explore the implementation of more impactful transportation management tools. Recommendation T-3. Add a new Policy under Objective I of the Transportation Element stating that the City will continue to identifY projects to support and fund mobility, enhance alternative modes of transportation, and ensure connectivity in its Capital Improvements Program in accordance with Section 163.3180, F.S. Recommendation T-4. Add a new Policy under Objective I stating that beginning in 2006, the City shall evaluate the impacts of proposed development and redevelopment on its transportation system, Strategic Intermodal System facilities, and the adopted level of service standards of transportation facilities that are funded in accordance with Section 339.2812, F.S., and identifY strategies to alleviate or mitigate such impacts in coordination with the developer and other agencies as appropriate. In accordance with the new requirements, the Florida Department of Transportation (FOOT) must be consulted to assess the impact of a proposed development on level of service standards. The City shall coordinate with FOOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. Recommendation T-5. Add a new Policy under Objective I stating that by 2007 the City will develop impacts fees and other methods by which developers can mitigate impacts to the transportation system by contributing funds for alternative modes of transportation, particularly the expansion, operation and maintenance of the Circulator System. 225 City of A ventura 2005 Evaluation and Appraisal Report Recommendation T-6. Add a new Policy under Objective I stating that the City shall adopt a method for assessing proportionate fair-share transportation impact mitigation options, in accordance with a model ordinance that will be developed by FOOT. Recommendation T-7. Add a new Policy under Objective I stating that the City shall maintain records to determine whether the 110% de minimus transportation impact threshold has been reached, and shall submit such documentation as part of its annual updates to the Capital Improvements Schedule, which shall be incorporated into the Comprehensive Plan by amendment. Recommendation T-8. Amend Policies 1.1 and 1.2 to replace the references to the "Miami-Dade County Comprehensive Development Plan, Traffic Circulation Subelement 1997, Objective I Policy 18" with "Miami-Dade County Comprehensive Development Master Plan". Recommendation T-9. Amend Policy 3.2 to delete "upon adoption of this element and the Intergovernmental Coordination Element". Recommendation T-tO. Amend the Monitoring Measure under Objective 4 to delete or update the reference to the year and percent. Recommendation T-9. Amend Policy 4.1 to delete "within one year of adoption of the Comprehensive Plan". 226 City of A ventura 2005 Evaluation and Appraisal Report C. PARKS AND RECREATION ELEMENT Amend the Parks and Recreation Element as follows: Recommendation PR-l. Objective 2 states that the City will coordinate the provision of public and private resources to meet recreation demands within one year of Plan adoption. It is recommended that this Objective be amended to state that the City will continue to coordinate the provision of public and private resources to meet recreation demands, and that the reference to "within one year of Plan adoption" be deleted. Recommendation PR-2. Policy 2.1 states that there were no recreation system deficiencies at the date of the Comprehensive Plan's adoption. It is recommended that this Policy be amended to state that the City will continue to ensure that it meets and exceeds its established Level of Service Standard for Recreation and Open Space through the Concurrency Management System, the collection of Park Impacts Fees, and other strategies. Recommendation PR-3. Policy 3.1 states that the City will develop land development regulations to include appropriate definitions of open space needs and standards. It is recommended that this Policy be amended to state that the City will continue to ensure that open space requirements for new development and redevelopment are met through the implementation and enforcement of its land development regulations. 227 City of A ventura 2005 Evaluation and Appraisal Report D. HOUSING ELEMENT Amend the Housing Element as follows: Recommendation H-t. Objective I and its policies address strategies to create and preserve affordable housing for all existing and future City residents. It is recommended that a new Policy be added under Objective I to state that the City shall support public and private sector efforts to provide an adequate supply of housing units that are affordable to households of all incomes in proportions that are reflective of the housing demand and needs. It should further state that developers are encouraged to provide a variety of housing types, including housing affordable to City residents of all income levels, in residential projects and communities. Recommendation H-2. Add a new Policy under Objective I stating that the City will coordinate, as appropriate, with the South Florida Regional Planning Council in the development and implementation of the Regional Housing Plan. Recommendation H-3. Objective 3 addresses the availability of sites for affordable housing, and states that due to the scarcity ofland and high land values, affordable housing units will be distributed. It is recommended that this Objective be amended to state that "due to high and increasing property values and the scarcity of developable land, the City will coordinate with the private sector in order to encourage the provision of a variety of housing types, including housing affordable to City residents of all income levels, in residential and Town Center communities throughout the City". Recommendation H-4. Policy 3.1 states that the land development regulations will include appropriate criteria to allow diverse housing types. It is recommended that this Policy be amended to add "including housing affordable to City residents of all income levels" after "type". 228 City of A ventura 2005 Evaluation and Appraisal Report E. INFRASTRUCTURE ELEMENT Amend the Infrastructure Element as follows: Recommendation I-I. Amend Policy 2.2 under Infrastructure Goal I, Objective 2 to delete "by 2000," and to read "The City of Aventura and Miami-Dade Water and Sewer Department" . Recommendation 1-2. Amend the Monitoring Measure for Objective 3 under Infrastructure Goal I to replace the reference to "sanitary sewer supply" with "sanitary sewer collection system". Recommendation 1-3. Policy 3.1 under Infrastructure Goal I, Objective 3 states that the City shall prohibit the use of new septic tanks, and that additional septic tanks shall not be permitted. It is recommended that this Policy be revised to state that the City shall evaluate options to connect all existing septic systems to public sanitary sewer and/or wastewater treatment facilities by 20 I O. Recommendation 1-4. Add a new Policy under Infrastructure Goal I, Objective 5 stating that the City shall review the water supply facility workpIans of Miami-Dade County and North Miami Beach, as they are adopted and/or periodically updated, in order to identifY alternative projects that will increase its water supply, and shall coordinate with Miami-Dade County and North Miami Beach, as appropriate, in the implementation of these projects. Recommendation 1-5. Amend Policy 1.2 under Infrastructure Goal 2, Objective 1 to delete "by 2003," and to read "shall continue to be identified". Recommendation 1-6. Amend Policy 1.1 under the Solid Waste Goal, Objective I, to update the date to 2008. 229 City of A ventura 2005 Evaluation and Appraisal Report F. CAPITAL IMPROVEMENTS ELEMENT Amend the Capital Improvements Element as follows: Recommendation CI-t. Amend Objective CI-I to delete "upon adoption ofthe Plan". Recommendation CI-2. Amend Policy CI-1.5 to delete "by 2001", and to delete the reference to public works facilities. Recommendation CI-3. Objective 2 states that land use decisions will be made in the context of available fiscal resources in order to ensure that scheduling and providing capital facilities for new development will not degrade adopted service levels. It is recommended that this Objective be amended to include "or negatively impact hurricane evacuation clearance times". Recommendation CI-4. Policy 2.1 states that capital facilities and infrastructure implications ofland use and development plan implementation will be analyzed based on a number of factors, including elimination of below standard conditions and capacity deficits. It is recommended that this Policy be amended to include "maintenance or reduction of hurricane evacuation clearance times" in the list of factors, and to delete "upon adoption of the Plan". Recommendation CI-5. Objective 3 states that future development will be permitted only when adopted levels of service standards for services listed in the Capital Improvements Element will me upgraded or maintained. It is recommended that this Policy be amended to state that "future development will be permitted only when adopted levels of service standards for services listed in the Capital Improvements Element will be upgraded or maintained or when demonstrated negative impacts on hurricane evacuation clearance times will be mitigated by ensuring that adequate fiscal resources are made available, including the proportionate costs of improvement necessitated by the development" . Recommendation CI-6. The City's Five Year Capital Improvements Program (Appendix B), as included herein, is formally adopted into the City's Capital Improvements Element, and future updates to the Capital Improvements Program shall be adopted into the Comprehensive Plan by amendment on an annual basis. Outside revenue sources included in the Five Year Capital Improvements shall be guaranteed by developer agreements and inter local agreements. The Capital Improvements Program shall be coordinated, as appropriate, with the Miami-Dade Metropolitan Planning Organization's Long Range Transportation Plan and the Water Supply Facility Workplans of Miami-Dade County and North Miami Beach. 230 City of A ventura 2005 Evaluation and Appraisal Report G. INTERGOVERNMENTAL COORDINA nON ELEMENT Amend the Intergovernmental Coordination Element as follows: Recommendation IC-I. Objectives I and 3 of the Intergovernmental Coordination Element, and policies thereunder, address joint land use planning with other jurisdictions. It is recommended that new policies be added under Objective 1 and Objective 3 to call for increased coordination with adjacent jurisdictions to ensure compatible development and redevelopment, and address the unique challenges and opportunities that face northeast Miami-Dade and southeast Broward counties. Recommendation IC-2. Objective I addresses coordination with other local governments to identify opportunities for affordable housing. It is recommended that a new Policy stating that the City shall incorporate the recommendations of the joint Florida Department of Community Affairs/South Florida Regional Planning Council "Regional Affordable Housing Strategy" in its Comprehensive Plan, as appropriate, after the final recommendations are issued. Recommendation IC-3. Objective 4 states that the City will ensure adequate and timely shelter within the region for residents of evacuation areas. It is recommended that this Objective be revised to state that the City will coordinate with the appropriate agencies to implement strategies to maintain hurricane evacuation clearance times to 12 hours of less, ensure that updated data and methodologies are being utilized in hurricane evacuation clearance time formulas, and ensure adequate and timely evacuation routes and shelter within the region for residents of evacuation areas. Recommendation IC-4. It is recommended that a new Policy be added under Objective 4 stating that the City shall coordinate with the appropriate agencies to ensure that updated data and methodologies are being utilized in hurricane evacuation clearance time formulas, and encourage the use of consistent evacuation clearance time standards by northeast Miami-Dade County municipalities. Recommendation IC-5. Policy 1.1 states that Aventura will make full use of coordination mechanisms to ensure consistency between its Comprehensive Plan and the comprehensive plans of adjacent jurisdictions. It is recommended that this Policy be amended to insert "and any Campus Master Plan that will impact or be impacted by the City" at the end ofthe Policy". Recommendation IC-6. In addition, it is recommended that new policies providing for the following be included under Objective 1. · In accordance with the adopted "Interlocal Agreement for Public School Facility Planning in Miami-Dade County", the City shall participate as appropriate in Miami-Dade County Public School's School Site Planning and Construction Committee, and shall seek, where feasible and mutually acceptable, to collocate 231 City of A ventura 2005 Evaluation and Appraisal Report schools with other public facilities, such as parks, libraries, and community centers to the extent possible. · The City shall utilize the procedures called for in the "Interlocal Agreement for Public School Facility Planning in Miami-Dade County" and Sections 1013.33, F.S., in order to evaluate the appropriateness of prospective public school sites within the City. . The City will annually review Miami-Dade County Public School's Tentative District Educational Facilities Plan and the 5- Y ear Workplan, as provided for in the "Interlocal Agreement for Public School Facility Planning in Miami-Dade County". This review will include an analysis of the Tentative District Educational Facilities Plan and the 5-Year Workplan's consistency with the Comprehensive Plan, and the identification of any necessary Comprehensive Plan amendments. . The City shall continue to coordinate with the State and other agencies, as appropriate, in achieving the goals, objectives, and policies of the State Comprehensive Plan. . The City shall continue to coordinate with the South Florida Regional Planning Council, and other agencies as appropriate, in achieving the goals, objectives, and policies of the South Florida Strategic Regional Policy Plan. · The City shall coordinate, as appropriate, with the State of Florida, South Florida Regional Planning Council, Miami-Dade County Public Schools, and other agencies in the adoption of a Public Schools Element, in accordance with the established schedule, into the Comprehensive Plan. Areas to be addressed in the Public Schools Element include, but are not limited to, public school concurrency requirements, coordination with other jurisdiction in the development and implementation of uniform school concurrency procedures, proportionate share school impact mitigation options for developers, the collocation of schools with other public facilities, the location of schools proximate to residential areas, the use of schools as emergency shelters, the location of existing and planned school facilities (including maps). Recommendation IC-7. It is recommended that new policies be added under Objective 2 of the Intergovernmental Coordination Element to provide for the following: . The City shall support, as appropriate, Miami-Dade County's and North Miami Beach's development and implementation of the Water Supply Facilities Workplan required by Florida Statute, and the water conservation efforts of other agencies. 232 City of A ventura 2005 "valuation and Appraisal Report H. CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amend the Conservation and Coastal Management Element as follows: Recommendation CCM-l. Delete the reference to "within one year of Plan adoption" in Policy 6.1 under the Coastal Management Goal. Recommendation CCM-2. Objective 10 and policies 10.1 through 10.20 address the City's post-disaster redevelopment plan. It is recommended that Objective 10 be amended to state that the City shall implement pre- and post-emergency procedures in accordance with its adopted Emergency Procedures Manual, as it is amended from time to time. The policies thereunder should be replaced by policies that reflect the currently adopted plan and procedures, as outlined in this Chapter I1.c., and to also reference Section 31-3 ofthe Miami-Dade County Code of Ordinances in Policy 10.9. Recommendation CCM-3. Objective 12 of the Conservation & Coastal Management Element, and policies 12.1 through 12.7, address protection of the City's shorelines and water dependent uses. It is recommended that a new Policy be added under Objective 12 to state that the use of areas designated Water on the Future Land Use Plan Map shall be limited to recreational and commercial boating (including water taxis and ferries), the provision of open space and urban relief, recreation, stormwater drainage, and natural resource protection and enhancement, and comply with the requirements of Chapter 24, "Environmental Protection...", of the Miami-Dade County Code of Ordinances. It should further state that development in or above such areas in a manner that will diminish these functions shall be prohibited. Recommendation CCM-4. Delete the reference to "prior to 2001" in Policy 12.2 under the Coastal Management Goal, Objective 12. Recommendation CCM-5. Update the date in Objective 5 under the Conservation Goal to 2015. Recommendation CCM-6. Delete the reference to "prior to 2005" in Policy 5.2 under the Conservation Goal. Recommendation CCM-7. Delete Policy 5.4 under Objective 5 of the Conservation Goal, as it is no longer applicable or relevant. Recommendation CCM-8. It is recommended that a new Policy be added under Conservation Objective 8 of the Coastal Management and Conservation Element to provide for the following: · The City shall support, as appropriate, Miami-Dade County and the City of North Miami Beach in their development and implementation of the Water Supply Facilities Workplan required by Florida Statute, and the water conservation efforts of other agencies. 233 City of Aventura 2005 Evaluation and Appraisal Report Recommendation CCM-9. Delete the reference to "upon Plan adoption" from Policy 8.2 under the Conservation Goal. 234 City of Aventura 2005 Evaluation and Appraisal Report I. REDEVELOPMENT ELEMENT Consolidate and expand the Economic Development and Urban Design elements into a new Redevelopment Element that includes goals, objectives and policies that provide for the following: Recommendation R-l. By 2007, the City shall review and amend its land development regulations in order to provide a cohesive blueprint for development and redevelopment in the City. The revised land development regulations shall address strategies to: · accommodate growth while maintaining neighborhood integrity; · ensure appropriate height and site development requirements and design guidelines; · ensure appropriate transitions and linkages between different neighborhoods and uses; · encourage more walkable neighborhoods; · buffer neighborhoods and existing development from the encroachment of incompatible uses; · limit the intensity of future development and redevelopment in a manner that is consistent with current development patterns, and that minimizes further negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times, and quality of life, and; · prevent redevelopment of a parcel in a manner that would significantly increase its existing intensity or density, unless redevelopment of said parcel will implement specific development and redevelopment goals that are or that might be established for particular areas. Recommendation R-2. The City shall coordinate with the private sector and other agencies as appropriate, to implement strategies to market the City of Aventura as a location for new businesses, promote the retention and expansion of existing businesses, ensure an adequate supply of non-residential land uses to address economic development goals, provide services and employment opportunities to existing and future residents, and coordinate economic development, development, and redevelopment goals; Recommendation R-3. By 2007, the City shall refine development/design guidelines through the land development regulations for the Town Center that provides for its redevelopment as a design-unified downtown that primarily serves City residents. The Town Center shall be characterized by a mixture of different urban functions integrated horizontally and vertically, multi-modal transportation access and circulation, and high quality urban design; Recommendation R-4. By 2007, the City shall review and amend its land development regulations in order to reduce potential development/redevelopment intensities on the Biscayne Boulevard corridor. The City should also evaluate strategies to improve the Biscayne Boulevard corridor through cohesive design and development patterns, and appropriate redevelopment. 235 City of A ventura 2005 Evaluation and Appraisal Report CHAPTER VI. PUBLIC PARTICIPATION SUMMARY In 1998, the State of Florida revised the statutory requirements for the EAR to allow local governments to base their analysis on the key local issues that they are facing. In order to comply with these requirements, and in recognition of the complicated and diverse range of planning issues that the City of Aventura is currently facing, the City initiated its EAR process with a public workshop on December 16, 2004, and conducted an interagency scoping meeting with members of State, regional and County agencies and representatives of adjacent municipalities on December 20, 2004. A Local Planning Agency Workshop was conducted on April 25, 2005. Based on input received via this process, the City of Aventura identified six major issues for inclusion in the EAR. On January 14, 2005 the City provided the Florida Department of Community Affairs (DCA) with a request for a Letter of Understanding regarding these issues, and the City's proposed Scope of Work (Appendix A). On February 2,2005, DCA provided the City with a Letter of Understanding agreeing to the proposed issues and Scope. 236 APPENDIX A. DCA LETTER OF UNDERSTANDING AND SCOPE OF WORK RI:CEIVED I', ,! 'i ,'(',,::) S TAT E 0 F F lOR I D A COMMUNITY [)(VEl.OPMENl DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" IEB BUSH Governor THADDEUS l. COHEN, AlA Secrelary February 2, 2005 Ms. JoalU1e Carr AICP, Director City of Adventura Planning Department 19200 West Country Club Drive Adventura, Florida 33180 Dear Ms. Carr: The Department of Community Affairs has reviewed your letter of January 14, which outlines the scope of work for the preparation of the City's Evaluation and Appraisal Report (EAR). The Department agrees with the summary ofthe issues as set forth in the attached document. This letter serves as confirmation of our understanding. In addition to the items set forth in the scope, the City may wish to address the need to update the Capital Improvement Schedule in the EAR. We greatly appreciate the effort you have shown in developing the EAR scoping issues for the City. We look forward to continued success as the City prepares its EAR. If you or your staff have any questions or need additional assistance, please contact Roger Wilburn, Principal Planner, at (850) 922-1822. 1 " S~~ Charles Gauthier, AICP Chief of Comprehensive PlalU1ing CG/de Enclosure ec: Carolyn Dekle, Executive Director, South Florida Regional PlalU1ing Council Diane 0' QuilU1 Williams, Director, Miami-Dade PlalU1ing Department 25SS SHUMARD OAK BOULEVARD . TALLAHASSEE, FLORIDA 32399-2100 Phone: 650.48 B .8466/ Sun com 2 78.8466 FAX: 850.92 1 .076 l/S u n com 29 1 .078 1 Internef address; hno:/lwww.dca.stale.fl.u5 CRITICAL STATE CONCERN fiELD OffiCE 2796 Overseas Highway, Suite 212 Molralholl.FLl]050-2227 ,~"c, ~"n ..,.n~ COMMUNITY PLANNING 2SS5 ShumardQak Doulevard T.lllahassee. FL 32399_2100 ,,,C...., """."''''CI, EMERGENCY MANAGEMENT 25SsShumardOak8oulevard Tallahassee,Hl2l99-2100 '~~n' ~1'.QQ"Q HOUSING & COMMUNITY QEVElOPMENT 2555 Shumard Oak Boulevard Tallahassee,Fl32l99-2100 '''''n' ~~~ "'Q~~ City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 JEFFREY M. PE1t.LOW MAYOR Mr. Charles Gauthier Florida Department of Community Affairs Division of Community Planning Bureau of Local Planning 2555 Shumard Oaks Blvd. Tallahassee, FL 32399-2100 COMMlSSIONEI\S ZEV AUERBACH JAY R. DESKIN KEN COHEN BOR DIAMOND HARRY HOUnERG MANNY GROSSMAN January 14, 2005 ERIC M. SoROKA Crrv MANAGER RE: Key Planning Issues for Aventura Evaluation and Appraisal Report Dear Mr. Gauthier: On December 16, 2004 the City of Aventura held a public workshop in order to identify and discuss the key planning issues that should be addressed in the 2005 Comprehensive Plan Evaluation and Appraisal Report (EAR). On December 20, 2004, the City held an interagency scoping meeting with members of State, regional and County agencies and representatives of adjacent municipalities to receive input on the key planning issues identified at the December 20, 2004 workshop, and identify additional issues that should be i i ,addressed. A list of attendees at the interagency scoping meeting is attached to II', this letter. Enclosed please find the list of major issues that the City proposes to address in its 2005 Comprehensive Plan Evaluation and Appraisal Report (EAR) (Appendix A), and the City's proposed Scope of Work for addressing these issues and other requirements of Section 163.3292 (2), F.S. (Appendix B.). We hereby request that the Department of Community Affairs (DCA) provide the City with a Letter of Understanding agreeing to the proposed issues and Scope, and/or advising of any necessary additionslrevisions. DCA Seoping Letter.doe PHONE: 305-466-8900 . FAX: 305-466-8939 www.citYofaventura.com Mr. Charles Gauthier January 14, 2005 Page 2 Thank you for your assistance in this matter. Please contact Jerry Bell or Alex David with Bell David Planning Group at (305) 215-6302 if you have any questions or need additional information. Sincerely, ~ Joanne Carr, AICP Planning Director Enc10su res cc: Eric M. Soroka, ICMA-CM, City Manager Dan Evans, DCA Bob Daniels, SFRPC Bell David Planning Group .' "iii , , DCA Seoping Letter.doc 2 I- 0:: o 11. W 0:: <i! en C2 11. 11. <( C Z <( z 2en !;;:~ ::len -I en . <(- <(>0:: xwO CZ~ z<(... w-I"'" ll.ll.c Il.WW <(>- _IL enj:: Zz Ww ::t:c w- 'Ill:: 110:, .:is o o C2 ::l I- Z W ~ IL o ~ o en I- Z W :is :is o o -o--U)(/) 'Q)CI)Q)- 'Q)Q)-CI)Q)~Q) cro~u~~_mco~~~cc~~~ cu:5:>Q)Ol $l>>' cCO-Q)o-ttS .~"- -co a. E+:i--a... -....cero~roi~~E~o.~oE~ cOroo. c ~~~O~O~lJ)ro~ EOl~~_~<1l~OO~ou",,~~cOlo +.,.' ...., ~\I Q) "- "'C > It... 0 It.... ....c 8"0 ~ ffi G cn:~ cnts Q).8 ~ ~ .:!.~ J& U) - Ol .- "0 ..... 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C Ql">.COCDC~~ > ~- :J en'- Q) ... ~uO"lfli::''ro~ Q),.CCCOC/J..c 0)'- 0 ...... 0)-5.- en (/).- 0 c....c:::J~::O,o '-CI) ..oo:JC o-o~ .CDC.CO C(lQ).....2c: -c cO> c Cl)ro o c: Q) Q) '+- -c .- >-00 .Q 0>0'- CO (J) cl....(/) a.Q) .9~a.~5U)"O CDE --COCD a.'- Q) en - ,,-'-.c ..... ~E-o:J15,-,-o ,-..0 C:::;'-:::::JC L...IOCO~a.cnco ui APPENDIX B. CITY OF AVENTURA 2005 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT SCOPE OF WORK The following Scope of Work will be conducted by the City of Aventura to complete and adopt the Evaluation and Appraisal Report (EAR) by December 1, 2005, and address the requirements of Section 163.3191 (2), F.S.: I. Evaluation of Major Issues: A. For purposes of the City of Aventura's EAR submittal, the following major issues have been identified. A more detailed description of these issues is attached as Appendix A. The City of Aventura will analyze these issues for their potential social, economic, and environmental impacts. S. 163.3191(2)(e), F.S. 1. Development and Redevelopment 2. Housing 3. Emergency Management 4. Transportation 5. Intergovernmental Coordination 6. Quality of Life B. The City of Aventura will evaluate the plan objectives within each element as they relate to the major issues identified above and detailed in Appendix A. I; The City will identify, where appropriate, unforeseen or unanticipated changes in ! circumstances which have resulted in problems or opportunities with respect to the major issues identified in that element. S. 163.3191 (2)(g), F.S. C. The City of Aventura will identify and summarize actions or corrective measures, including plan amendments, necessary to address the major issues identified above and detailed in Appendix A. This identification shall include, as appropriate, new population projections, revised planning timeframes, revised future plan maps and/or map series, an updated capital improvements element, and any new or revised goals, objectives and policies for major issues identified with each element. S. 163.3191 (2)(i), F.S. II. Community-wide Assessment A. The City of Aventura will provide a summary of data and analysis comparing current conditions of the Land Use Element with conditions In 1998 1 (the date the Comprehensive Plan was adopted). To the extent possible, tables, maps, and illustrations will be used. This data and analysis will include, at a minimum: 1. Population growth and changes in land area. S. 163.3191 (2)(a), F.S. 2. Extent of vacant and undevelopable land. S. 163.3191 (2)(b), F.S. 3. Location of development in relation to location of development as anticipated in the Comprehensive Plan. S. 163.3191 (2)(d), F.S. B. The City of Aventura will identify the extent to which those services with level of service standards outlined in the Comprehensive Plan do not meet the standards. The City will analyze and evaluate its ability to fund new or expanded infrastructure necessary to correct the deficiencies, and to provide for future growth at acceptable levels of service. This work will be done in conjunction with the update to the Capital Improvements Element. S. 163.3191 (2)(c), F.S. C. The City of Aventura will evaluate relevant changes in growth management laws (State Comprehensive Plan, the requirements of Chapter 163, Part II, the minimum criteria contained in Chapter 9J-5, Florida Administrative Code and the Strategic Regional Policy Plan for South Florida) since 1998 for consistency with the Comprehensive Plan. Based on this assessment plan revisions will be recommended, if necessary. S. 163.3191 (2)(f), F .S. D. The City of Aventura will evaluate the successes and shortcomings of each Comprehensive Plan Element. Successes and shortcomings will be briefly summarized in narrative format on an element-by-element basis using tables, illustrations and maps to the extent possible. S. 163.3191 (2)(h) F.S. , ./:-i E. The City of Aventura will briefly summarize the public participation program and activities undertaken during preparation of the EAR. S. 163.3191 (2)0), F.S. F. The City of Aventura will evaluate the success or failure of coordinating future land uses and residential development with the capacity of existing and planned public schools, and coordinating the planning and siting of new schools. S. 163.3191 (2)(k), F.S. 2 APPENDIX B. CITY OF A VENTURA 2005 - 2010 CAPITAL IMPROVEMENTS PROGRAM City of A ventura Capital Improvement Program 2005/06 - 2009/10 l" . (. ~\ cell ",tt ~ C' ~1"S"1J.' , CAPITAL IMPROVEMENT PROGRAM 2005/06 -2009/10 CITY OF AVENTURA CITY COMMISSION Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Weiss Serota Helfman Pastoriza & Guedes, P.A., City Attorney Harry M. Kilgore, Finance Support Services Robert M. Sherman, Community Services Teresa M. Soroka, City Clerk Thomas Ribel, Police Chief Joanne Carr, Planning Director Mariano Fernandez, Building Director/Official Dr. Katherine Bray Murphy, Charter School Principal The Honorable Mayor and Members of the City Commission City of A ventu ra Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura Capital Improvement Program (CIP) for the fiscal period October 1, 2005 through September 30,2010 and the proposed Capital Budget for the Fiscal period October 1, 2005 through September 30, 2006. This document represents an update of the CIP that was originally prepared for the five year cycle of 2004 to 2009. The update process is important for the CIP to become a continuing and ongoing planning/implementation process. The last four years of last year's program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2009/10) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. The primary goal of the Capital Improvement Program is to develop a long-term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. The program forms the foundation for governmental participation in the development process and represents a commitment by the community toward the achievement and maintenance of a desirable high quality of life. The facilities and service provided by the City government are intended to offer the greatest citizen benefit and reflects the City's identified needs, desires, and financial capabilities. It is important to stress that the CIP is a planning tool to evaluate infrastructure needs of the City as well as the financial capabilities of the City. In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long-term budget plan. Each year the CIP document will be updated and an additional fiscal year will be added to complete the cycle. The CIP thus becomes a continuing and ongoing process. The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: . Added Founders Park Improvements - $415,000. . Added Miami Gardens Drive Extension Upgrades- $300,000. . Added Country Club Drive Tennis Court Improvements - $70,000. . Added NE 20yth Street Beautification Upgrades- $60,000. . Added Yacht Club Drive Seawall Improvements - $100,000. . Added NE 29th Street Lighting Improvements - $140,000. . Added NE 190th Street Resurfacing - $140,000. . Added Hospital District Road Resurfacing - $300,000 The proposed 2005 - 2010 Capital Improvement Program includes 22 projects in 5 functional categories with a total value of $14,294,037. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (38%), Transportation, Drainage and Infrastructure Improvements (28%), Capital Equipment Purchase and Replacement (18%), Information/Communication Technology (15%) and Public Buildings and Facilities Improvements (1%). Major emphasis was placed on the following projects: . Waterways Park Development . Transportation, Street Lighting & Safety Improvements . Stormwater Drainage Improvements . Citywide Beautification Improvements . Park Maintenance Projects 4,350,000 2,540,694 1,465,000 577,000 485,000 In order to improve the 911 response to public safety services in our community, I have requested the Police Department to study the possibility of establishing our own E911 system with the Police Communications Center becoming a Public Safety Answering Point. After the report is complete and if approved by the City Commission, the revenues and costs associated with the proposed E911 will be included in future CIP documents. The program contains a detailed funding plan that forecasts revenues necessary to fund both the Capital Improvement Program and the operating budgets over the next five years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenue increases at specified rates. It is significant to note that the funding plan has little financial impact on residents and the community. Importantly, it continues to establish an ongoing mechanism to address the City's infrastructure needs. No increase in the operating ad valorem tax rate is recommended during the five year period. If operating expenditures increase at a higher rate than expected, unanticipated events reduce key revenue sources, or an unforeseen emergency occurs during the five year period an operating ad valorem tax rate increase may be required. It should be made clear that the funding plan is based on a series of projections and assumptions. If events occur that revise the projections and assumptions, the financing plan will have to be updated and amended. I am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beautification projects, Government Center, Community Recreation Center, Charter School, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. Importantly it serves as an aid to the residents in providing a better understanding of the City's long-term capital needs and how the City intends to meet these demands. It also details our continuing efforts to address the needs and concerns of the citizens of Aventura while making prudent financial decisions which contribute to the City's long term financial health. The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their staff. Their professional efforts have assisted in the preparation of this important planning program. I request and recommend that you take the following actions regarding the proposed 2005 - 2010 Capital Improvement Program: 1. Hold a workshop to review the CIP document. 2. Transmit copies of the CIP summary document to the public. 3. Hold a public hearing to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the CIP should be referred to my attention. Respectfully submitted, Eric M. Soroka City Manager CAPITAL IMPROVEMENT PROGRAM 2005 - 2010 HIGHLIGHTS . Development and construction of the expanded 6 acre Waterways Park facility on NE 2131h Street. . A total of $415,000 in improvements to Founders Park that includes the expansion of the parking lot, playground equipment and a water splashpad play area. . Implementation of $1,004,700 Traffic Video Monitoring Program which provided for the installation of cameras at key intersections to allow the Police Department to monitor and respond to traffic conditions. . Utilizes a stormwater utility program to correct and improve drainage along roadways for certain areas of the City. A total of $1,465,000 worth of improvements will be completed during the five year period. . Implementation of $440,000 of transportation improvements that includes street lighting for NE 29th Avenue and Miami Gardens Drive Extension and a new bus shelter at NE 213th Street. . A total of $577,000 of Citywide beautification improvements including median landscaping is funded to continue to fulfill our goal of being the most beautiful City in South Florida. Major improvements include: NE 20ih south swale area, Miami Gardens Drive Extension, and Biscayne Boulevard Median (NE 209-212 St). . Road maintenance projects that total $1,000,000 to resurface asphalt and enhance safety are included for NE Aventura Boulevard, Yacht Club Drive, Williams Island Road, NE 1901h Street and the Hospital District. . Provides the necessary equipment to continue to provide high quality and effective police services . Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of city operations. . Ensures that the tools of production, vehicles, equipment and technology, are available for city operations. CAPITAL IMPROVEMENT PROGRAM 2005 - 2010 TABLE OF CONTENTS INTRODUCTION Purpose of the Capital Improvement Program Legal Authority Development of the Capital Improvement Program Capital Improvement Program Policies Preparing the Capital Budget Locating a Specific Capital Project Reading the Program Schedules OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects Summary of Major Programs Summary of Proposed Appropriations by Funding Source Summary of Project by Location and Year FUNDING PLAN Introduction Debt vs. Pay As You Go Financing Required Separation of Funding Sources Summary of Financing Plan Model Proposed Financing Plan General Fund Proposed Financing Plan Transportation fund Proposed Financing Plan Park Development Fund Proposed Financing Plan Police Impact Fee Fund Proposed Financing Plan Stormwater Utility Fund PAGE 1 2 2 3 4 4 5 6 6 7 8 9 9 10 11 12 16 17 18 19 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES Beautification and Park Facilities Improvements Transportation, Drainage and Infrastructure Improvements Public Buildings and Facilities Improvements Information/Communications Technology Capital Equipment Purchase and Replacement 21 29 36 39 45 INTRODUCTION City of Aventura INTRODUCTION This section describes what a Capital Improvement Program is and the process for developing the City of Aventura Capital Improvement Program and Capital Budget. This introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the Capital Improvement Program (CIP) is to establish a long term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long-range capital development in the City of Aventura. A capital improvement is defined as a capital expenditure of $2,500 and office equipment expenditure of $500 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one year. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five-year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating among projects with respect to function, location, and timing. 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. Capital Improvement Program 2005-2010 Page 1 City of Aventura 4. The CIP process facilitates long-range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long-range fiscal framework. The sound fiscal policy that results from this process will have a positive impact on the City's bond rating. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments, and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in December when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2005 - 2010. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the basis of Urgent, Necessary, Desirable, and Deferrable. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five- year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Support Services Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document prior to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program 2005-2010 Page 2 City of Aventura CAPITAL IMPROVEMENT PROGRAM POLICIES 1. Annually, the City will prepare a five-year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. 2. The City will perform all capital improvements in accordance with an adopted capital improvement program. 3. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one year and a value of $2,500 or more, or for office equipment $500 or more. 4. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. 5. The first year of the five-year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. 6. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. 7. The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. 8. The City will determine the most appropriate financing method for all new projects. 9. If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for financing capital projects. 10 The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. 11. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. 12. A CIP preparation calendar shall be established and adhered to. 13. Capital projects will conform to the City's Comprehensive Plan. 14. Long-term borrowing will not be used to fund current operations or normal maintenance. 15. The City will strive to maintain an unreserved general fund balance at a level not less than 7.5% of the annual general fund revenue. 16. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid-year budget Capital Improvement Program 2005-2010 Page 3 City of Aventura amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure of funds for employee salaries, supplies, and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Support Services Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five program areas as follows: Beautification and Parks (BP) Transportation, Drainage and Infrastructure Improvements (TDI) Public Buildings and Facilities (PBF) Information/Communication Technology (ICT) Capital Equipment Purchase & Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager. The final digits outline the individual department requesting the project. For example, project TDI-1-CS is Transportation, Drainage and Infrastructure Improvements project number one which was requested by the Community Services Department. Capital Improvement Program 2005-2010 Page 4 City of Aventura READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules". The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. Capital Improvement Program 2005-2010 Page 5 City of Aventura OVERVIEW OF RECOMMENDED PRO.JECTS SUMMARY OF RECOMMENDED PROJECTS The proposed 2005 - 2010 Capital Improvement Program includes 22 projects in 5 functional categories with a total value of $14,294,037. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (38%), Transportation, Drainage and Infrastructure Improvements (28%), Capital Equipment Purchase and Replacement (18%), Information/Communication Technology (15%) and Public Buildings and Facilities Improvements (1%). SUMMARY OF MAJOR PROGRAMS The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five years covered by the Capital Improvement Program. Pro ram BeautIfIcation & P.rks F.ollltl.. S Table 1 Capital Improvement Program 2005/06-2009/10 Summary By Function 2005106 2006107 2007 J08 2008/09 2009/10 TOTAL 2,388,100 . 2,983,100 . 80,000 $ . . &,412,000 1,130,614 1,140,000 600,000 686,000 690,000 4,006,884 '4,_ 0 0 0 0 '4,_ 1i12,HO 453,000 382,000 427,000 387,160 2,202,100 627875 641290 63'388 416660 677 680 2611743 4,894,818 . 6.117,790 . 1,608,368 $ 1,437,660 $ 1,134,710 $ 14,294,037 TnInsporbtlon, Draln8Q. & Infnultructure Public Bulldngs & Fellltl.. InformatIonfCommunloallon Technology eo... Totals . Public Buildings 1% Transportation, Drainage & Infrastructure 28"1. Beautification & Parks 38% Capital Improvement Program 2005-2010 Page 6 City of Aventura SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five years of the program. Table 2 Capital Improvement Program 2005/06-2009/10 Summary By Funding Source Funding Source 2005/06 2006/07 2007108 2008/09 2009110 TOTAL General 2,440,125 3,678,290 851,368 787,550 854,710 8,612,043 Police Impact Fees 178,500 99,500 108,000 55,000 90,000 531,000 Stormwater Utility 515,000 600,000 250,000 50,000 50,000 1,465,000 Parks Development 1,000,000 75,000 0 0 0 1,075,000 Grants 0 350,000 350,000 Transportation Fund 560,994 315,000 300,000 545,000 540,000 2,260,994 $ 4,694,619 $ 5,117,790 $ 1,509,368 $ 1,437,550 $ 1,534,710 $ 14,294,037 The proposed funding plan involves a commitment to 'pay as you go" annual appropriations established in yearly budgets and reducing the reliance on long term debt. Funding Source Summary Transportation Fund 16% Stonnwater Utility 10% General 61% Park Development 7% Police Impact Fees 4% Capital Improvement Program 2005-2010 Page 7 City of Aventura SUMMARY OF PROJECTS BY LOCATION AND YEAR The following outlines the major projects by location and the year they are proposed to be funded: Table 3 Capital Improvement Program 2005/06-2009/10 Summary By Location Location BoautlllcaUon Transportation Stroot Improvements Improvements Lighting Dralnago Park Improve Improve Facllltlos Improve Founders Park Improvements Waterways Park Development Country Club Drive Tennis Court NE 29th Avenue Improvements NE 27h Avenue Connector Miami Gardens Drive Improvements HE 209 & Blscayne Blvd Median Hospital District Area Yacht Club Drive NE 190the Street Improvements NE 207th Street WIlliams Island Road Aventura Blvd Traffic Video Monitoring System NE 213~ Stroot Outfall Improvements Community Center Improvements 2005-2007 2005-2007 2005106 2006/07 2005106 2005106 2005106 2006/07 2005106 2006.08 2009/10 2007/08 2005/06 2008/09 2005106 2005-2009 2006/07 2005106 Capital Improvement Program 2005-2010 Page 8 City of Aventura FUNDING PLAN INTRODUCTION In order for a Capital Improvement Program to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the Capital Improvement Program itself but the required operating expenses and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: 1. A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the Capital Improvement Program. 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. 3. Once the Capital Improvement Program projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the Capital Improvement Program for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on a pay-as-you-go basis or some combination of the two. The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each year. DEBT VS PAY-AS-YOU-GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. Capital Improvement Program 2005-2010 Page 9 City of Aventura 2. The large projects cannot be broken into segments and the costs distributed over a larger time frame without impairing the usefulness of the project. 3. The projects are non-recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay-as-you-go financing is most appropriate for a Capital Improvement Program which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay-as-you-go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a Capital Improvement Program. REQUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund 2. Transportation and Street Maintenance Fund Capital Improvement Program 2005-2010 Page 10 City of Aventura 3. Police Impact Fee Fund 4. Park Development Fund 5. Stormwater Utility Fund In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for the Charter Elementary School is included in a separate Budget adopted by the City Commission. SUMMARY OF FINANCING PLAN MODEL Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay - as - you - go" financing through annual appropriations to fund the total five year amount of $14,294,037. No additional debt is recommended. 2. Utilize funding from impact fees and grants in the amount of $1,956,000 to assist in the funding of the Waterways Park and police equipment. 3. No increase in the operating ad valorem tax rate is recommended during the five year period. However, if operating expenditures increase at a higher rate than expected, unanticipated events reduce key revenue sources, or an unforeseen emergency occurs during the five year period an operating ad valorem tax rate increase may be required. It should be made clear that the funding plan is based on a series of projections and assumptions. If events occur that revise the projections and assumptions, the financing plan will have to be updated and amended. Capital Improvement Program 2005-2010 Page 11 City of Aventura PROPOSED FINANCING PLAN GENERAL FUND After evaluating the nature of the various projects that are included in the City's General Capital Improvement Program, it was decided that pay-as-you-go would be most appropriate for funding the program. FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General Capital Improvement Program for each year of the program. Table 1 presents a five (5) year projection of resources which will be available for General Government Services. Unless shown by an asterisk (*), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2004/05 fiscal year. Revenue descriptions followed by an asterisk (*) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Table 2 presents a five (5) year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3 is a recap of resources available to fund the General Capital Improvement Program based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the Capital Improvement Program Fund and that any balance in the Capital Improvement Program Fund will remain in the Capital Improvement Program. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. Capital Improvement Program 2005-2010 Page 12 City of Aventura TABLE 1 PROJECTION OF RESOURCES AVAIL.ABLE FOR GENERAL GOVERNMENT SERVICES 200412005 200512006 2006/2007 2001/2008 200812009 2009/10 CURRENT YEAR REVENUES AVAILABLE FOR GENERAL GDVERMENT SERVICES AD VALOREM TAXES $11,757,000 $13.772,882 $14,392,662 $15,040,331 $15,717,146 $16,267,247 I'} FPL FRANCHISE FEES 1,822,000 1,876.660 1,932,960 1,990,949 2,050,677 2,112.197 (b) FRANCHISE FEES 300,000 309,000 318,270 327.818 337,653 347,782 lo} UTILITY TAXES 5.602.000 5,770,060 5,943,162 6.121.457 6,305,100 6.494,253 Id} CITY OCCUPATIONAL LICENSES 700,000 707,000 714,070 721,211 728.423 735,707 I'} BUilDING RELATED REVENUE 1,300,000 850,000 650,000 500,000 500,000 500,000 10 STATE SHARED REVENueS-UNRESTRICTED 308,500 319,298 330,473 342,039 354,011 366,401 Ig} HALF CENT SALES TAX 1,545,000 1,599,075 1,655,043 1,712,969 1,772,923 1,834,975 Ih} CHARGES FOR SERVICES 798,000 825,930 854,838 884,757 915,723 947,774 (i) FINES AND FORFEITURES 220,000 226,600 233,398 240,400 247,812 255,040 Ul CHARTER SCHOOL. L.ANO L.EASE PAYMENTS 11,000 56,000 104,000 Ik} CHARTER SCHOOL BUIL.DlNG LEASE PAYMENTS 250,000 250,000 250,000 250,000 Ik} MISC, REVENUES 50,000 50,000 50,000 50,000 50,000 50,000 INTEREST ON INVESTMENTS 110,000 100,000 103,500 107,123 110,872 114,752 COUNTY OCCUPATIONAL. L.ICENSES 25000 25000 25000 25000 25000 25000 TOTAL CURRENT YEAR REVENUES $24,537,500 $26,431,505 $27,453,374 $28,325,053 $29,421,140 $30,405,129 TRANSFERS FROM TRANSPORTATION FUND 604,500 629,535 651,306 673,839 697,161 721,299 TRANSFERS FROM SCHOOL. FUND 30,000 33,000 34,155 35,350 36,588 37,868 TRANSFERS FROM STORM WATER UTIL.ITY 204,375 212,353 220,847 229,681 238,868 248,423 TOTAL. AVAILABL.E S 25376375 S 27306393 28359683 29,263924 S 30393758 S 31412720 NOTES TO ASSUMPTION OF PROJECTIONS (a) Ad valorem Tax revenue net of any tax increase will grow at the rate of 4.5%. (b) FPL Franchise Fees from Dade County will grow at the rate of 3% per year. (c) Franchise fees will grow at the rate of 3 % per year. (d) Utility taxes will grow at the rate of 3% per year. (e) Occupational Licenses will grow at the rate of 1 .0% per year. (f) Building related revenues will decrease beginning in 2005/06 and level oft at $500,000 per year in 2007. (g) State shared revenues will grow at the rate of 3.5% per year. (h) Half-cent sales tax will grow at the rate of 3.5% per year. (i) Charges for services will grow at the rate of 3.5% per year. m Fines & forfertures will grow at the rate of 3% per year. (k) Represents payments from the Charter School Fund Budget to reimburse the General Fund for a portion of debt service payments for the land for the elementary school and funds provided for the construction of the proposed middle school. Capital Improvement Program 2005-2010 Page 13 City of Aventura TABLE 2 PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES DEPARTMENT 2004105 2005106 2006107 2007/08 2008109 2009/10 City Commission $111.922 $ 114,160 $ 116.444 $ 118,773 $ 121,148 $ 123,571 OffIce of the City Manager 723,835 781,742 844,281 911,824 984,770 1,063,551 FInance Support Service. 1.166,871 1,260,221 1,361,038 1,469,921 1,587,515 1,714,516 Legal 238,000 242,760 247,615 252,568 257,619 262,771 City Clerk 262,898 283,930 306,644 331,176 357,670 386,283 Public Safety 9,076,277 10,258,453 11,181.714 12,188,068 13,163,113 14,216.163 Community Devetopment 1,487,464 1,387,464 1,341,524 1,295,165 1,221.992 1,145,872 Community Services 4,366.454 4,715,770 5,343,032 5,770,475 6.232,112 6,730.681 Non. Departmental 1,306,840 1,411387 1,524,298 1638,621 1,761,517 1,893,631 TOTAL PROJECTED OPERATING EXPENDITURES GENERAL GOVERNMENTAL SERVICES $ 18,742,561 $ 20,455,887 $ 22266,590 $ 23,976,609 $ 25,687,456 $ 27,537,040 General Fund Transfer to 1999 Debt Service 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 General Fund TranSfer to 2000 Debt Service 485,000 510,000 510,000 510,000 510,000 510,000 General Fund Transfer to 2002 Debt Service 400,000 415,000 415,000 415,000 415000 415,000 TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,250,000 2,290.000 2,290,000 2.290,000 2,290,000 2,290,000 TOTAl PROJECTED EXPENDITURES $ 20992 561 $ 22,745,687 $ 24556 590 $ 26,266,609 $ 27,977,456 $ 29,627 040 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures will increase by 9,1% in 2005/06 and between 7% to 8.9% thereafter, The following chart illustrates that half of the operating budget is committed to providing public safety services. Ollleo of tho City Manager 4% Finance Support Services 6% Commission/Legal 2% City Clork 1% Community Services 23% Community Development 8% Capital Improvement Program 2005-2010 Page 14 City of Aventura TABLE 3 RECAP OF AVAILABLE RESOURCES va PROPOSED APPROPRIATIONS GENERAL CAPITAL IMPROVEMENT PROGRAM 2005/06 2006/07 2007/08 2008/09 2009/10 TOTAL PROJECTED AVAILABLE RESOURCES $27,306,393 $28,359,683 $29.263,924 $30,393,758 $31.412,720 PROJECTED OPERATING EXPENDITURES 20 455 887 22 266 590 23 976 609 25 687 456 27 537 040 SUBTOTAL 6,850,505 6,093,093 5,287.316 4,706,301 3,875,680 lESS DEBT SERVICE REQUIREMENTS 2 290 000 2 290 000 2 290 000 2 290 000 2 290 000 TRANSFER TO GENERAL CAPITAL IMPROVEMENT PROGRAM 4,560,505 3,803,093 2.997,316 2,416,301 1,585.680 BALANCE FROM PREVIOUS YEAR 9216543 11336923 11461726 13607674 15236425 TOTAL AVAILABLE RESOURCES FOR GIP 13777048 15140016 14459042 16023975 16822105 PAY-AS-YOU-GO PROPOSED APPROPRIATION - CIP 2,440,125 3,678,290 851,368 787,550 854,710 BALANCE IN CIP - END OF YEAR $11,336 923 $11 461 726 $13607674 $15236425 $15967395 $35,000,000 . . . $30,000,000 . . . .- . . . . . . -- . . . $25,000,000 -- . . Revenues -.. - . - Expenditures $20,000,000 ----CIP -Fund Balance $15,000,000 $10,000,000 $5,000,000 -..- ..-----. , - - , -- -..-..-.----------- $0 2005/06 2006/07 200708 2008/09 2009/10 Capital Improvement Program 2005-2010 Page 15 City of A ventu ra PROPOSED FINANCING PLAN TRANSPORTATION FUND CAPITAL IMPROVEMENTS This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. Expenditures will either be accounted for in the General Fund by designating specific expenditure accounts in the Community Services Department and the Capital Improvement Program or in this fund by designating specific Capital projects. This table reflects the anticipated revenues available and the proposed appropriations. TABLE 4 TRANSPORTATION AND STREET MAINTENANCE FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS SUMMARY BY YEAR 2004/2005 200512006 200612007 200712008 200812009 200912010 REVENUES LOCAL OP710N GAS TAX 460,000 476,100 492,764 510,010 527,861 546,336 INTEREST EARNINGS 3,500 7,500 7,500 7,500 7,500 7,500 STATE SHARED REVENUES-RESTRICTED 141,000 145,935 151,043 156,329 161,801 167,464 CARRYOVER 75,000 60,000 11,226 109,552 223,827 125,412 COUNTY TRANSIT SYSTEM SURTAX 749000 763 980 779 260 794 845 810742 826 957 TOTAL REVENUES 1,428,500 1,453.515 1,441,792 1,578,237 1,731,730 1,673,668 LESS TRANFER TO GENERAL FUND 604,500 629,535 651,306 673.839 697,161 721,299 Less Transit Service Improvements II - 50,000 156,103 162,347 168,841 175,595 Less Transit Service Improvements I 194 000 201 760 209 830 218224 226 953 236 031 Total For Capital 630,000 572,220 424,552 523,827 638,775 540,743 CAPITAL EXPENDITURES Pr~ct Title 2004/2005 2005/2006 200612007 2007/2008 2008/2009 2009/2010 Transportation System and Traffic Improveme - 95,994 75,000 200,000 425.000 100,000 Street Lighting Improvements 200,000 225,000 140,000 0 Road Resurfacing Program 370 000 240 000 100000 100000 120 000 440 000 Totals $ 570,000 $ 560,994 $ 315,000 $ 300,000 $ 545,000 $ 540,000 Balance $ 60,000 $ 11,226 $ 109,552 $ 223,827 $ 93,775 $ 743 Capital Improvement Program 2005-2010 Page 16 City of Aventura PROPOSED FINANCING PLAN PARK DEVELOPMENT FUND The Park Development Fund is used to account for revenues specifically earmarked for capital improvements to the City's park system. Impact fees from new development become a funding source for future park development plans. For purposes of this five year plan, impact fees will be utilized to assist in funding the Waterways Park project. This fund will also be used to account for the grant funding obtained for the proposed park improvements. Table 5 Recap of Available Resources and Proposed Appropriations Park Development Fund CIP 2005/06-2009/10 Revenues 2005/06 2006/07 Park Impact Fees $1,000,000 $75.000 Grants Q 350 000 Total Available Resources for CIP 1,000,000 425,000 Proposed Appropriations $1 000000 $425.000 Balance $0 $0 Capital Improvement Program 2005-2010 Page 17 City of Aventura PROPOSED FINANCING PLAN POLICE IMPACT FEE FUND This fund was created to account for impact fees derived from new development and restricted by Ordinance for Police Capital Improvements. This fund will provide a funding source to assist the City in providing police capital improvements required by growth. The proposed revenues derived from the Police Impact Fee Fund for the five year period is $531,000. Major capital outlay items include new equipment purchases required by growth in the police department. Table 6 reflects the anticipated revenues available and the proposed appropriations for these fund for the five year period. Table 6 Recap of Available Resources and Proposed Appropriations Police Impact Fee Fund CIP 2005/06 -2009/10 Revenues 2005/06 2006/07 2007/08 2008/09 2009/1 0 Police Impact Fees $178,500 $ 99,500 $108,000 $55,000 $90,000 Total Available Resources $178,500 $ 99,500 $108,000 $55,000 $90,000 forCIP Proposed Appropriations $178 500 $ 99.500 $108.000 $55 000 $90 000 Balance $0 $0 $0 $0 $0 Capital Improvement Program 2005-2010 Page 18 City of Aventura PROPOSED FINANCING PLAN STORMWATER UTILITY FUND The City of Aventura is responsible for stormwater management activities within the corporate boundaries. Dade County was responsible for stormwater facility constriction, operation and maintenance prior to the incorporation of the City. The County provided a very limited level of stormwater maintenance. Many drainage and flooding problems existed in the City that required major capital improvements. In order to address the deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting and capital improvements from a source other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user fees charged to residents and businesses for generating revenues. The City has recognized the need and importance of taking a pro-active approach toward stormwater management. The stormwater drainage improvements contained in the five year Capital Improvement Program were based on a complete survey of all areas of the City conducted by the Community Services Department together with the City's consulting engineers. The Fund will be responsible for ongoing operation and maintenance costs, as well as capital improvements. The yearly operating expenses will be made by the General Fund and reimbursed by the Stormwater Utility Fund as a transfer of revenue. Table 7 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five year period. A total of $2,1 05,000 worth of stormwater drainage projects will be completed during the five year period. The monthly rate charged to users per unit was $2.50 for 2004/05. It is not recommended that the fee be increased during the next five years. DADE COUNTY MUNICIPALITIES STORMWATER UTILITY RATES Coral Gables $3.50 Golden Beach $12.00 Hialeah $2.50 Homestead $ 1.25 Key Biscayne $5.00 Medley $ 2.50 Miami $3.50 Miami Beach $ 2.50 Miami Shores $2.50 North Miami $ 2.50 North Miami Beach $2.50 South Miami $ 2.50 Sweetwater $2.50 Capital Improvement Program 2005-2010 Page 19 City of Aventura TABLE 7 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS STORMWATER UTILITY fUND 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 Customer Data: Projected No. of Billable ERUs (1) 30,000 30,750 31,519 31,992 32,471 32,796 Monthly Rate Per ERU $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 Revenues: Gross Stormwater Utility Billings (2) $900,000 $922,500 $945,563 $959,746 $974,142 $983,884 Less: Uncollectibles (3) -45,000 -46,125 -47,278 -47,987 -48,707 -49,194 Carry Over of Surplus 0 10425 159447 236 884 668 962 1 305 528 $ 855,000 $ 886,800 $ 1,057,731 $ 1,148,643 $ 1,594,397 $ 2,240,218 Operating Expenses: (4) Operation & Maintenance 131,593 136,857 142,331 148,024 153,945 160,103 Administration Data Management 10,124 10,124 10,529 10,950 11,388 11,844 WASD Billing 20,274 21,085 21,928 22,805 23,718 24,666 Financial Management 12,167 12,654 13,160 13,686 14,234 14,803 Miscellaneous Items(GIS, NPDES Permitting) 30417 31634 32899 34215 35584 37007 Total Operating Expenses $204,575 $212,353 $220,647 $229,681 $238,868 $248,423 Repayment to General Fund - Available for CIP & Debt Service $ 650,425 $ 674,447 $ 836,884 $ 918,962 $ 1,355,528 $ 1,991,795 Annual CIP Expenditures: 640 000 515,000 600 000 250,000 50000 50000 Annual Surplus/(Deficit): $ 10,425 $ 159,447 $ 236,884 $ 668,962 $ 1,305,528 $ 1,941,795 NOTES TO ASSUMPTION OF PROJECTIONS (1) Projected to grow at an annual rate of: 2005-7--2.5%, 1.5% thereafter (2) Equals Projected No. of Billable ERUs multiplied by the Monthly Rate Per ERU, with the result annualized. (3) Equals 5% of Gross Stormwater Utility Billings in Year Shown. (4) Includes Operation and Maintenance, Administration, Review of Existing Account Data Costs. Projected to continue to grow at an annual rate of 4%. Capital Improvement Program 2005-2010 Page 20 City of Aventura BEAUTIFICATION AND PARK PACILmES IMPROVEMENTS This section includes beautification projects and improvements to the City of Aventura's park system and recreational facilities. There are 4 projects in the Capital Improvement Program, which total $5,412,000. Special emphasis was given to implementing an ongoing beautification program, developing additional park sites and upgrading existing facilities. Policies The City of Aventura's investment in improvements to the City park system is based on the following policies: Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. . Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. . Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. . Provide exercise/walking paths to enhance the physical well being of residents. . Provide recreational facilities on the basis of 2.75 acres per 1,000 population. . Encourage the integration of recreational facilities into the development of residential, commercial, industrial, and open space land uses. Goal: Update the 5-year CIP on a yearly basis. . Provide parks whereby residents have access to neighborhood parks within 2 mile radius and community parks which serve the entire City. Goal: Increase Safety Standards . Provide for adequate security measure including limited access facilities. . Replace dangerous equipment and eliminate visual barriers to reduce opportunities for crime. . Employ vandal-resistant equipment and facilities. Capital Improvement Program 2005-2010 Page 21 City of Aventura . Maintain a Parks Usage Plan to protect the City's investment in the park system and insure the resident's safety. Goal: Protect and preserve environmentally sensitive land and water areas. . Preserve and enhance open space with environmental impact. Existina Facilities There is 29.0 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190 Street includes both active and passive recreational opportunities. The park encompasses the following components: Jogging Path, tennis courts, gated entries, One ball field wi dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and security lighting. The Country Club Drive ExerciseIWalking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Park was acquired by the City in 1998 from a private developer. This 1 acre site was previously constructed by a private developer. The City is in the process of acquiring 6 additional acres. The park is currently under design for a major expansion. Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site contains the Community/Recreation Center. Open passive and sitting areas are available at this location. Veterans Park was acquired by the City from a private developer in 2001. This 2 acre site is located on NE 31st Avenue. Facilities and amenities include: parking lot; 1.5 acre open playfield area; playground facilities; landscaping with shade trees; .5 acre pet exercise area; separate entrance for visitors with pets; drinking fountains for pets and people and "pooper scooper" stations. Prior AccomDlishments The following projects have been completed or are scheduled for completion as of the 2004/05 fiscal year: Proiect Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 Capital Improvement Program 2005-2010 Page 22 City of Aventura Purchase of 5.5 acres for Aventura Founders Park Bus Shelter & Bench Replacements Aventura Blvd Beautification Improvements Northern Entrance Beautification Improvements Aventura Founders Park Development Country Club Drive ExerciselWalking Path Improvements NE 183rd Street Beautification Improvements NE 34 Avenue Beautification Improvements Library Landscaping Project Huber Tract Open Space Land Purchase NE 20ih Street Beautification Improvements Country Club Dr. Exercise Path Safety Improvements NE 190th Street Beautification Improvements Biscayne Boulevard Phase I Beautification Improvements FEC Landscape Buffer NE 191st Street Beautification Improvements Waterways Park Improvements Founders Park Improvements Biscayne Boulevard Phase II Beautification Improvements NE 185th Street & NE 28th Ave Beautification Improvements NE 213th Street Beautification Improvements Aventura Blvd. Entrance Features Community/Recreation Center Conceptual Design Community Recreation Center Development Expanded Waterways Park Purchase Biscayne Boulevard Phase II Beautification Improvements Country Club Drive Beautification Improvements Newspaper Racks NE 188t11 Street Beautification Improvements Yacht Club Way Beautification Improvements William Lehman Causeway Beautification Improvements Veterans Park Development Park Facilities/ODen SDace Recreation 1996/97 1996/97,1997/98,1998/99 1999/00,2000/01,2001/02 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1998/99 1998/99 1998/99, 2004/05 1998/99 1998/99 1998/99 1998/99 1999/00 1999/00, 2001/02, 2002/03 2003/04 1999/00 1999/00 2001/02 2001/02 2000/01 2001/02 2003/04 2001/02 2002/03 2002/03, 2003/04 2002/03 2003/04 2003/04, 2004/05 2003/04 The estimated current population for the City of Aventura is 28,200. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 77.6 acres. In calculating the number of recreation acres the city has available for use by residents, public private, golf courses and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100%, private recreation facilities at 50%, and marinas and the golf course at 25%, the City existing and proposed recreation areas total 114. Therefore, no deficiency exists under the Capital Improvement Program 2005-2010 Page 23 City of Aventura City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 29 park/open space acres. Although a deficiency in the provision of recreation/open space does not exist, the City desires to increase access to public facilities and providing recreational opportunities for all residents by constructing additional park facilities. The major park facility improvement outlined in the 2005/06 - 2009/10 relates to the providing a new park and maintenance projects. The projects are included in the detailed project descriptions and a funding schedule that follows. (See Tables 1 and 2). The completion of the five - year Capital Improvement Program for parks/open space recreational facilities will provide the City residents with a well rounded recreational and park system geared toward meeting the needs of today and tomorrow. Table PFOS 1 CITY OF AVENTURA Recreation/Open Space Inventory TYPE FACILITY Public Recreation Areas C Country Club Drive ExerciselWalking path C Arthur I Snyder Memorial Park N Veterans Park N Waterways Park N Aventura Founders Park ACRES 5.5 3.5 2.0 7.0 11.0 Public Recreation Subtotal 29.0 APPLICABLE ACRES 5.5 3.5 2.0 7.0 11.0 29.0 Private Recreation Areas Private Recreation Sites Marina Complexes Golf Courses Private Recreation Subtotal 63.61 9.40 203.17 276.18 31.81 2.35 ~ 84.95 Total Recreation Areas C = Community Park N = Neighborhood Park . = Undeveloped 305.18 113.95 Citywide Beautification Proaram In December of 1996, the City Commission approved the landscape design concepts to be utilized with the implementation of a Citywide Beautification Program. This major undertaking, addresses median and right of way landscaping throughout the public areas within the City, and was adopted as one of the City's budget priorities and goals. The landscape design includes the planting of an assortment of palm trees, including Capital Improvement Program 2005-2010 Page 24 City of Aventura date palms at the City's entrances and coconut and royal palms on various medians throughout the City, as well as shade trees such as live oaks. With this Beautification Program, the City Commission has fulfilled its long-term goal of creating the signature of the City and establishing its reputation as "the most beautiful City in South Florida". The actual construction of these projects will be ongoing until all of the improvements to the various areas within the City are complete. The following areas have been completed or are scheduled for completion as of the 2004/05 fiscal year: Aventura Boulevard, Northern City Entrance, NE 207th Street, NE 183rd Street, NE 185th Street & 28th Avenue, NE 190th Street, NE 191$t Street, NE 29th Avenue, NE 18yth Street, NE 188lh Street, NE 213th Street, Biscayne Boulevard and FEC Landscape Buffer, Aventura Boulevard Entrance Features, Country Club Drive, Yacht Club Way, William Lehman Causeway and the Library Landscaping Project Fundina Plan Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: Total Category Budget Fundina: General Fund Park Impact Fees Grants $5,412,000 $3,987,000 1,075,000 350,000 Capital Improvement Program 2005-2010 Page 25 City of Aventura TABLE 1 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2005/06 - 2009110 SUMMARY BY YEAR 1~1:6. ...."',...111,. t["I.1_ '11.J..'1W: Jml:fI,1' JII'flUI; ..liltH"\: BP1 Waterways Park Development eM . 2,000,000 2,350,000 BP2 FoundEl(S Park Improvements es 215,000 200,000 BP' City.vide Beautification Improvements es 83,SOD 433,500 60,000 BP4 Country Club Tennis Court Improve es 70000 Totals . 2,368,500 . 2,983,500 . 60,000 . J,lll:l.U r.lt:1 . 4,350,000 415,000 577,000 70000 . 5,412,000 . TABLE 2 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2005106.2009110 FUNDING PLAN Impact General FOOT Loan Grant CIP # Pro ect Title Oept # Total Fees Fund Contnbutlons Proceeds Funds BP1 Waterways Park Development eM 4,350,000 1,000,000 . 3,000,000 350,000 BP2 Founders Pari<. Improvements es 415,000 75,000 340,000 BP' Citywide Beautification Improvements es 577,000 577,000 BP4 Country Club Tennis Court Improve. es 70000 70000 Totals 5,412,000 $ 1,075,000 $ 3,987,000 . . 350,000 Capital Improvement Program 2005-2010 Page 25 City of Aventura PROPOSED PROJECTS 1 -CM Waterways Park Development 2005/06 $2,000,000 2006/07 $2,350,000 This project includes developing and expanding the current Waterways Park. The 6 acre site would include a multipurpose sports field, playground, basketball court, fitness trail, parking and restroom facilities. en rT1 ." ~ ~ ~ ,,0 ~~ J !.. .. -- i . .c.~ - )'--'7' '. ;2 1"1 f'1 Fe \ I ~ . b""Ul -0 6 ..... '211 g, )>~l ~ :L__~~--.r---- ~~I ," o""-r'm ---~---------~,-- '1 rn , ;0 If; . ~~ I' \ fI ""'F I , p:::lJ f'Tl~ , U . o~ 'I 'u) ~ _>, Co / ___ Z:::::! I ! " ""1 _ /,,.- 0>0 I' 0:1 ~/ " . ----" 0 - ,1<;01-1; '~E'- ~ ,/;f/', l" \~~...'I'O" I 4'~. Ji$. 4rJt~.w:~~.- .. I ~_!TL ...T..-- , 2-CS Founders Park Improvements 2005/06 $215,000 2006/07 $200,000 This project consists of maintenance projects, replacing and updating playground equipment. 2005/06 170,000 3,500 4,500 5,000 19,500 12,500 Parking Lot Expansion Special Event Tents Two Soccer Goal Sets Replace Office Furniture Holiday Lighting Improvements Add Swing set Capital Improvement Program 2005-2010 Page 27 City of Aventura 2006/07 Construct Water Splashpad Play Area $200,000 3-CS Citywide Beautification Improvements 2005/06 $83,500 2006/07 $433,500 2007/08 $60,000 This project consists of implementing the landscaping and beautification concepts approved by the City Commission. 2005/06 NE 207 South Swale Purchase 3 Benches and Trash Cans 75,000 8,500 2006/07 Purchase 3 Benches and Trash Cans Miami Gardens Extension Biscayne Boulevard Median (NE 209-212 St) NE 20ih St (NE 34 Ave eastward to end) 8,500 300,000 125,000 60,000 2007/08 ---.-------.-.-.-----.---.-------.-.---------.-.-.-------------.-.-.---.-.-.-------------.---------------.---.-.-.-.-.-.-.- 4-CS Country Club Drive Tennis Court Improvements 2005/06 $$70,000 This project involves improvements to the tennis facilities that the City leases from the Fairmont Country Club. The improvements include tennis court renovations, windscreens, fencing, water fountain, shade awnings and trash facilities. Capital Improvement Program 2005-2010 Page 28 City of Aventura TRANSPORTATION, DRAINAGI! AND INFRASTRUCTURI! IMPROVl!MI!NTS This section includes improvements to the City of Aventura's transportation system, roadways, drainage system, sidewalks, pedestrian pathways, street lighting and other infrastructure improvements. There are 4 improvement projects in the Capital Improvement Program, which total $4,005,694. Special emphasis was given to correcting drainage deficiencies, Miami Gardens Drive extension project, 185th Street connector project, installation of traffic video monitoring devices, improving safety through street lighting and addressing maintenance considerations. The projects outlined in this section have been developed based on a survey of all areas of the City, with respect to the improvement items, by the Community Services Department; City's consulting engineer and staff. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies The City of Aventura's investment in improvements to the City's transportation system, roads, sidewalks, street lighting and drainage system is based on the following policies: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. . Coordinate area-wide storm water developments with major street improvements. . Provide adequate storm drainage as defined by present standards for different types of areas of the City. . Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. . Systematically provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. . Provide an adequate road transportation network that meets or exceeds the capacity rating outlined in the Comprehensive Plan. . Implement improvements to meet safety standards. . Improve safety by installing street lighting on all appropriate public roadways. Capital Improvement Program 2005-2010 Page 29 City of Aventura . Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. . Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97-05. Existina Facilities The following is a list of current public roads under the jurisdiction of the City: N E 185th Street NE 28th Place NE 29th Avenue NE 29th Place NE 34th Avenue N E 188th Street NE 191st Street NE 193rd Street West Country Club Drive East Country Club Drive NE 203rd Street NE 206th Street NE 208th Street NE 209th Street NE 2131h Street NE 2141h Street Yacht Club Drive NE 27th Court NE 28th Avenue NE 29th Court NE 30th Avenue NE 187th Street NE 190th Street NE 192nd Street Aventura Boulevard North Country Club Drive NE 201 Terrace NE 205th Street NE 207th Street NE 208th Terrace NE 211th Street NE 214th Terrace NE 183'd Street Turnberry way Prior AccomDlishments Since the inception of the Capital Improvement Program, the following projects have been completed or are scheduled for completion as of the 2004/05 fiscal year: Proiect Title Country Club Drive Drainage Improvements Sidewalk Installation - Southside of Lehman Causeway Pedestrian Safety Study Aventura Boulevard Street Lighting Improvements NE 183rd Street & Drainage Improvements NE183'd Street Lighting Improvements NE 207th Street Lighting Improvements North Aventura Stormwater Collector (2131h Street) Pedestrian Transportation Circulation Safety Improvements NE 190th Street Lighting Improvements South Aventura Stormwater Collector Sidewalk Improvements & Replacements NE 341h avenue Street Lighting Improvements Year 1996/97 1996/97 1996/97 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1998/99 1998/99 1998/99, 1999/00, 2000/01 1999/00 Capital Improvement Program 2005-2010 Page 30 City of Aventura NE 185'h Street & NE 28th Avenue Improvements Safety Improvements - Country Club Drive NE 30'h Avenue Drainage Improvements NE 213th Street Lighting Improvements NE 34th Avenue Safety/Road Improvements Biscayne Lake Gardens Area Drainage Improvements NE 188th Street, Lighting & Drainage Improvements Country Club Drive Improvements NE 190 Street Drainage Improvements Yacht Club way Drainage and Lighting Improvements NE 31st Avenue Decorative Street Lighting Extension of Lehman Causeway Westbound Service Road Illuminated Street Signs Hospital District NE 213St Street Drainage Connector Hospital District north Collector NE 207'h Street Resurfacing Traffic Video Monitoring Program Directional Signs Road. Drainaae and Infrastructure ImDrovements 1999/00 1999/00 2000/01 2000/01 2000/01 2001/02 2002/03 2002/03 2002/03 2003/04 2003/04 2003/04 2003/04 2003/04 2004/05 2004/05 2004/05 2004/05 The City incorporated in November of 1995, prior to that time the area of the City was under the jurisdiction of Dade County. Condominium Associations or Dade County maintained the roads and rights-of-way. The City entered into an Interlocal Agreement with Dade County that transferred the jurisdiction of all public roads and rights-of-ways to the City. In January of 1997 the City assumed the maintenance of all public roads and rights-of-way. The City's consulting engineers conducted an extensive evaluation of the City's infrastructure including roadways, drainage, sidewalks and streetlighting. The study indicated that major improvements were necessary for storm drainage and street lighting. Most of the infrastructure deficiencies have been addressed with the completion of the original 5 year CIP which began in 1997/98. In January 1997, the City Commission by Resolution No. 97-05 adopted a Policy governing the conversion of private roads to public roads. The Williams Island Road project was the first roadway conversion to implement the provisions of the Policy as it relates to drainage, street lighting and safety improvements. Major emphasis was also placed on improving street lighting and replacing FPl cobra head lights with decorative lighting fixtures in areas that the rights-of-way could accommodate the new light fixtures. During the 1997/98 fiscal year the City in cooperation with several developers entered into an Agreement to construct the North Aventura Stormwater Collector (213'h Street), 3 years ahead of schedule and at a cost savings of $1,000,000. In 1999 the south collector was completed using a similar private-public partnership. During 2002, NE 34th Avenue was connected to the north collector. During 2003, Biscayne lakes Garden area and NE 29th Avenue was connected to the north connector. In 2004 the City embarked on the first phase of the drainage improvements for the Hospital District. Capital Improvement Program 2005-2010 Page 31 City of Aventura Projects outlined herein can be also be classified as drainage improvements and road resurfacing in accordance with established maintenance schedules. All infrastructure upgrades of roadways will be coordinated with other projects to prevent multiple paving projects or pavement cuts. Fundina Plan Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: Total Category Budget Fundina: Transportation Fund Storm Water Utility Fund General Fund $ 4,005,694 $2,260,994 1,465,000 279,700 Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. Capital Improvement Program 2005-2010 Page 32 City of Aventura TABLE 1 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2005/06- 2009/10 SUMMARY BY YEAR CIP. ProjeCt Title Dept." 2005106 200lI01 2007108 2008J08' 2008110 To'" TOl1 Stormwater Drainage Improvement! CS $ 515,000 $ 600,000 $ 250,000 $ 50,000 $ 50,000 $ 1,465,000 T012 Street Lighting Improvements CS 225,000 140,000 365,000 Transportation System & Traffic TOl3 Improvements CS 150,694 300,000 200,000 425,000 100,000 1,175,694 TOl4 Road Resurfacing Program CS 240,000 100,000 100,000 120,000 440,000 1,000,000 Totals $ 1,130,694 $ 1,140,000 $ 550,000 $ 595,000 $ 590,000 $ 4,005,694 TABLE 2 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2005/06- 2009/10 FUNDING PLAN Stormwater , UtIlity General Tran5PQrtatIolt CIP. 11t1& $ De ", ~ Total Fundi FUncli Fund, , TOl1 Stormwater Drainage Improvement: CS 1,465,000 1,465,000 TDI2 Street Lighting Improvements CS 365,000 $ 365,000 Transportation System & Traffic TDI3 Improvements CS 1,175,694 279,700 895,994 TDI4 Road Resurfacing Program CS 1 000,000 1 000,000 Totals $ 4,005,694 $ 1,465,000 $ 279,700 $ 2,260,994 Capital Improvement Program 2005-2010 Page 33 City of Aventura 1-CS Stormwater Drainage Improvements 2005/06 $515,000 2006/07 $600,000 2008/09 $50,000 2009/10 $50,000 PROPOSED PROJECTS 2007/08 $250,000 Based on the Stormwater Master Plan prepared by the City's consulting engineers, the projects included address drainage improvements in the Hospital district. The Hospital district system will be connected to NE 213 Street (North Aventura Stormwater Collector). Additional projects included provide for ongoing annual minor drainage improvements. Most projects include the cost of resurfacing the affected roadways. 2005/06 Hospital District North Collector 415,000 Yacht Club Drive Seawall Improvements 100,000 2006/07 NE 213th Street Outfall Update 400,000 Remove Weir Gate from NE 30 Avenue 200,000 2007/08 Drainage Improvements 50,000 NE 190 Street Drainage Improvements 200,000 2008/09 Drainage Improvements 50,000 2009/10 Drainage Improvements 50,000 2-CS Street Lighting Improvements 2005/06 $225,000 2006/07 $140,000 This project provides for the installation of decorative streetlights in certain areas. The lights will provide safe, well-lighted roadways that are aesthetically pleasing. 2005/06 Miami Gardens Drive Improvements NE 29th Avenue 225,000 140,000 2006/07 3-CS Road Resurfacing Program 2005/06 $240,000 2006/07 $100,000 2007/08 $100,000 2008/09 $120,000 2009/10 $440,000 Capital Improvement Program 2005-2010 Page 34 City of Aventura This project consists of resurfacing roadways that are not included in the Stormwater Drainage Improvements. The roads represent the most critical areas as determined by the Community Services Department. 2005/06 Aventura Boulevard 240,000 2006/07 Yacht Club Drive Eastbound Lanes 100,000 2007/08 Yacht Club Drive Westbound Lanes 100,000 2008/09 Williams Island Road 120,000 2009/10 NE 190th Street 140,000 Hospital District 300,000 ---------.-.-.-.-.-.-.-.-.-.-.-.-.-----.-.-.-.-.-.-.-.---------.-.---.---.---------------.-.-.---------------.-.-.-.-----.- 4-CS Transportation System and Traffic Improvements 2005/06 $150,694 2006/07 $300,000 2007/08 $200,000 2008/09 $425,000 2009/10 $100,000 This project includes improvements to the City's transportation and traffic system including bus shelters. A major component of this project is the implementation of the Traffic Video Monitoring Program which provides for the installation of cameras at key intersections to allow for the Police Department to monitor and respond to traffic conditions. 2005/06 Traffic Video Monitoring Program Lehman Causewa~ Biscayne Blvd (1) Sidewalks NE 185 Street Connector 54,700 95,994 2006/07 Traffic Video Monitoring Program 225,000 Aventura Mall/Aventura Blvd/lves Dairy Road and Biscayne Blvd (5) Install Shelter at NE 213th St 75,000 2007/08 Traffic Video Monitoring Program 200,000 Country Club Drive (4) 2008/09 Traffic Video Monitoring Program 425,000 NE 207th Street (2), NE 213lh Street (2) NE183rd Street and NE 31 slAve. (1) 2009/10 Traffic Video Monitoring Program Updates 100,000 Capital Improvement Program 2005-2010 Page 35 City of Aventura PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS Capital projects in this functional category include providing improvements to existing facilities in the City. The Capital Improvement Program includes 2 projects totaling $74,500. Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: . Provide easily accessible services to City residents and adequate parking for City facilities. . Repair and maintain all buildings and facilities in proper order to increase life of said facilities. . Provide facilities for future growth of the City and services generated by such growth. Existina Facilities Map 1 shows the location of the City of Aventura's Government Center, and the Dade County Fire Rescue Station and Library Branch. Prior AccomDlishments The following projects have been completed or are scheduled for completion as of the 2004/05 fiscal year: Proiect Title Government Center/Police Station Needs Assessment Study Government Center Land Purchase Design of Government Center/Police Construction of Government Center Purchase of Charter Elementary School Property Construction of Charter Elementary School Community Center Improvements Construction of Middle School Wing to Charter School Year 1996/97 1997/98 1997/98 1999/00, 2000/01 2001/02 2002/03 2003/04, 2004/05 2004/05 Fundina Plan Funding for the proposed Public Buildings Projects will be provided by the following sources: Total Category Budget $74,500 Fundina: General Fund $74,500 Capital Improvement Program 2005-2010 Page 36 City of Aventura TABLE 1 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2005106 - 2009f10 SUMMARY BY YEAR '" PBF1 Community Center Improvements cs $ 24,500 24,500 PBF2 Holiday Lighting for Gal/emmanl Center CS 50000 50000 Totals $ 74,500 $ $ $ $ $ 74,500 TABLE 2 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2005/06.2009/10 FUNDING PLAN Loan' Bonet Grant a.nend IP # Pro tTlUe #: 1ob11 Proceeds ProCeeds Funds FUnd PBF1 Community Center Improvements cs $ 24,500 $ 24,500 PBF2 Holiday Lighting for Government Center CS 50000 50000 Totals $ 74,500 $ $ $ $ 74.500 $ Capital Improvement Program 2005-2010 Page 37 City of Aventura PROPOSED PROJECTS 1-CS Community Recreation Center Improvements 2005/06 $24,500 This project consists of providing equipment and improvements at the Community Recreation Center. 2005/06 10 Tables and Chair Carts Furniture for Waiting Area in West Lobby 5 Mats for Gymnastics Replace 10 Card Printer Parking Lot Security Cameras $3,500 4,000 2,000 5,000 10,000 2-CS Holiday Lighting for Government Center 2005/06 $50,000 Project includes additional wiring and GFI outlets for the installation of holiday lighting. ..-.-------------.-.-.-.-.-.-----------------.-.-.-.-.---.-.-.-------------.-.-.-.-.-.-.---.-.-.-.-.-.-.-.-.-.-----------.- Capital Improvement Program 2005.2010 Page 38 City of Aventura INFORMATION/COMMUNICATIONS TECHNOLOGY This functional category includes improvements to the City of Aventura's information/communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 8 projects totaling $2,202,100. Policies The City of Aventura's investment in communication and computer projects is based on the following policies: . Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. . Improve and maintain City-wide radio communications capabilities for Police operations. . Develop and maintain computerized capabilities of the various City departments and information systems. . Utilize the latest state of the art technology including the use of the Internet for the delivery of services. Capital Improvement Program 2005-2010 Page 39 City of Aventura (.II:.A'. ICTt lel2 leT3 ICT4 ICTS ICT6 ICT7 ICTS TABLE t PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2005106 - 2009/10 SUMMARY BY YEAR ....""...111" 11,101.. ~llI,"'IlI. JIUI:'l'lIr .1.I11rlm; J,I,lam, JIIIJ.:lill 1fi'IF.11 Police Computers Systems PO 174,500 190,000 140,000 140,000 144,150 788,650 Central Computer System FFS 145,000 98,000 63,000 115,000 60,000 481,000 Radio Purchase & Replacement PO 219,000 126,000 129,000 141,000 143,000 758,000 Computer Equipment FSS 8,000 6,000 8,000 6,000 8,000 36,000 Computer Equipment CM 4,000 4,000 2,000 10,000 Computer Equipment CS 22,950 18,000 12,000 4,000 4,000 60,950 Computer Equipment CD 19,500 8,000 8,000 21,000 8,000 64,500 Computer Equipment CC 3000 3.000 Totals I 592,950 I 453,000 I 362,000 I 427,000 I 367,150 I 2,202,100 TABLE 2 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2005/06.2009110 FUNDING PLAN General CIP # Project TItle Dept. # Total Fund CCl Police Computers Systems POl 788,650 788,650 CC2 Central Computer System FFS1 481,000 481,000 CC3 Radio Purchase & Replacement PD2 758,000 758,000 CC4 Computer Equipment FSS2 36,000 36,000 CC. Computer Equipment CM2 10,000 10,000 CC. Computer Equipment CS11 60,950 60,950 CC7 Computer Equipment CO2 64,500 64,500 CCB Computer Equipment CCl 3,000 3,000 Totals I 2,202,100 I 2,202,100 Capital Improvement Program 2005-2010 Page 40 City of Aventura PROPOSED PROJECTS 1 - PD Police Computers Systems 2005/06 $174,500 2006/07 $190,000 2007/08 $140,000 2008/09 $140,000 2009/10 $144,150 This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. 2005/06 2006/07 2007/08 2008/09 2009/10 Upgrades 50,000 Replace 12 Mobile Laptops 65,000 10 Desktop Computers 25,000 Air card Replacements 7,500 4 Computer/Multi Monitors 15,000 Plasma monitor for GPS 6,000 Driver License Swipes 3,000 5 Ticket Printers 3,000 Replace 12 Mobile Laptops 65,000 10 Desktop Computers 25,000 Replace AS 400 50,000 Upgrades 50,000 Upgrades 50,000 Replace 12 Mobile Laptops 65,000 10 Desktop Computers 25,000 Upgrades 50,000 Replace 12 Mobile Laptops 65,000 10 Desktop Computers 25,000 Upgrades 50,000 Replace 12 Mobile Laptops 65,000 10 Desktop Computers 24,150 2 - FS Central Management Information System 2005/06 $145,000 2006/07 $98,000 2007/08 $63,000 2008/09 $115,000 2009/10 $60,000 Capital Improvement Program 2005-2010 Page 41 City of Aventura This project consists of purchasing new and replacement computer hardware and software that utilize the latest technology for the City's general information management system, which is used by all City Departments. 2005/06 2006/07 2007/08 2008/09 2009/10 Software/Licenses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades MS Exchange Implementation Video Webserver Backup Antenna for City Radio Software/Licenses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades Software/Licenses/U pgrades Servers/ Security/UPS/Switches AS 400 Upgrades Backup Devices Software/Licenses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades Software/Licenses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades 10,000 37,000 5,000 15,000 10,000 68,000 15,000 78,000 5,000 15,000 33,000 5,000 10,000 30,000 30,000 55,000 25,000 30,000 5,000 .--------.-.-.-.-.-.-.---.---------.-.-.-----------.-.-----.-.-.-.-.---.---.-----------.---.-----.-.---------.-.-.-.-.-.-.- 3-PD Radio Purchase & Replacement 2005/06 $219,000 2006/07 $126,000 2007/08 $129,000 2008/09 $141,000 2009/10 $143,000 This project consists of purchasing equipment to establish and maintain an 800 Mhz police radio system to improve communications and purchase new radios for projected additional personnel in the Police Department and replace radios that may become damaged or become inoperative during the five-year period. 2005/06 2006/07 10 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades Convert Switch to Digital ESK encryption for 800 Mhz 10 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades 73,000 50,000 60,000 36,000 76,000 50,000 Capital Improvement Program 2005-2010 Page 42 City of Aventura 2007/08 10 Handheld & 10 Mobile Radios 79,000 800 Mhz Radio System Upgrades 50,000 2008/09 10 Handheld & 10 Mobile Radios 81,000 800 Mhz Radio System Upgrades 60,000 2009/10 10 Handheld & 10 Mobile Radios 83,000 800 Mhz Radio System Upgrades 60,000 ..-.-.-.-.-.-.-.-----------.-.-.-.-.-.-------.-.-.-.-.-.-------------------------------------.-.-.---------.-.-.-.-------.- 4 - FSS Computer Equipment 2005/06 $8,000 2006/07 $6,000 2008/09 $6,000 2009/10 $8,000 2007/08 $8,000 This project includes the replacement of existing equipment for the various employees of the department. -----------.-.-.---.-------------.---.-.---------.---.-.---------.-.-.-.-------.-.-----------.-.-.-.---------.-.-.-------.- 5-CM Computer Equipment 2005/06 $4,000 2006/07 $4,000 2007/08 $2,000 This project consists of upgrading computer equipment in the Office of the City Manager. ---------.-.-.-.-.-.-------.-.-.-.-.---------.-.---.-.-------.-.-------------.-.---------.-.-.-----------.-.-.-.-------.-.- 6-CS Computer Equipment 2005/06 $22,950 2006/07 $18,000 2007/08 $12,000 2008/09 $4,000 2009/10 $4,000 This project consists of purchasing and upgrading computer equipment in the Community Services Department. 2005/06 9 Computers GIS Updates Replace Large Format Printer Digital Camera 18,000 3,500 1,000 450 2006/07 9 Computers 18,000 12,000 2007/08 6 Computers Capital Improvement Program 2005-2010 Page 43 City of Aventura 2008/09 4,000 2009/10 2 Computers 2 Computers 4,000 7-CD Computer Equipment 2005/06 $19,500 2006/07 $8,000 2008/09 $21,000 2009/10 $8,000 2007/08 $8,000 This project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2005/06 2006/07 2007/08 2008/09 2009/10 8-CC Computer Equipment 2006/07 $3,000 Replace 4 Computers 6,000 Replace 3 Printers 1,000 Replace 1 Line Printer 3,500 Plotter 9,000 Replace 4 Computers 6,000 Replace 1 Printers 500 Replace 1 Line Printer 1,500 Replace 4 Computers 6,000 Replace 1 Printers 500 Replace 1 Form Printer 1,500 Replace 5 Computers 7,500 Replace 1 Printers 500 Replace 1 Line Printer 4,000 Plotter 9,000 Replace 4 Computers 6,000 Replace 1 Printers 500 Replace 1 Form Printer 1,500 This project consists of upgrading and replacing computer equipment in the City Clerk's Office. Capital Improvement Program 2005-2010 Page 44 City of Aventura CAPITAL BQUIPMBNT PURCHASES AND UPLACBMBNTS This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 4 projects totaling $2,599,743. Policies The City Aventura's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the residents of the City. . Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. . Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. . Purchase more economical and multi-functional vehicles. . Purchase new equipment that will increase productivity and reduce personnel and maintenance costs. . Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Prooosed Caoital Eauioment Purchase And Reolacement Most projects outlined in the 2005/06 to 2009/10 Capital either pertaining to vehicles or operational equipment. $2,599,743 are displayed in Table 1. Improvement Program are These 4 projects, worth Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as either having a useful life of more than one year and/or a value of $500 or more. Fundina Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects will be provided by annual appropriations from the following sources: Total Category Budget $2,599,743 Capital Improvement Program 2005-2010 Page 45 City of Aventura Fundina: General Fund Police Impact Fee Fund $2,068,743 $ 531,000 Capital Improvement Program 2005-2010 Page 46 City of Aventura TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2005106.2009/10 SUMMARY BY YEAR 1~1~ :no1~,:""..j.[ . ~.:., <'I; ~I:':;<i,;; ,':':"", <';'11;.': .': I !; 'i I ~. ,,:.,:'.{. 6.r"l1 CE1 Vehicle Purchase & Replacements PD 346,200 375,590 402,268 342,000 453,260 1.919,318 CE2 Equipment Purchase and Replacement PD 178,500 99,500 108,000 55,000 90,000 531,000 CE3 Equipment Purchase and Replacement CS 0 17,500 25,000 18,000 13,500 74,000 CE4 Equipment Purchase and Replacement CD 3.275 48.700 2.100 550 20,800 75425 Totals . 527,975 . 541,290 . 537,368 . 415,550 . 577,560 . 2,599,743 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2004105 - 2008/09 FUNDING PLAN -- , General Impact Fee CIP # Pro t TItle De L II: Total', Fund: Fund CE1 Vehicle Purchase & Replacements PD 1,919,318 1,919,318 CE2 Equipment Purchase and Replacement PD 531,000 0 531,000 CE3 Equipment Purchase and Replacement CS 74,000 74,000 CE4 Equipment Purchase and Replacement CD 75.425 75425 Totals . 2,599,743 . 2,068,743 . 531,000 Capital Improvement Program 2005-2010 Page 47 City of Aventura PROPOSED PROJECTS 1 - PD Vehicle Purchase & Replacements 2005/06 $346,200 2006/07 $375,590 2007/08 $402,268 2008/09 $342,000 2009/10 $453,260 This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2005/06 2006/07 2007/08 2008/09 2009/10 Replace 12 Patrol Vehicles Replace 4 Wheel Drive Vehicle Replace 12 Patrol Vehicles Replace Command Post Minivan Replace Wave Runner Replace SRO SUV Replace 12 Patrol Vehicles Replace Crime Scene Van Prisoner Van Replace 12 Patrol Vehicles Replace 12 Patrol Vehicles Replace 4 Wheel Drive Vehicle Replace Crime Prevention Van Replace 2 Motorized Carts $313,200 33,000 $322,590 22,000 9,000 22,000 $332,268 37,000 33,000 $342,000 $352,260 36,000 45,000 20,000 2-PD Equipment Purchase and Replacement 2005/06 $178,500 2006/07 $99,500 2007/08 $108,000 2008/09 $55,000 2009/10 $90,000 This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2005/06 3 Laser Units for Motors 12,000 Replace 15 vests 9,500 Replace 2 Projectors 6,000 12 Overhead light bars, Sirens & Cages 66,000 Replace Marine Patrol Boat 60,000 Additional security equipment 25,000 Capital Improvement Program 2005-2010 Page 48 City of Aventura 2006/07 2007/08 2008/09 2009/10 10 Sirens & Cages Replace 10 vests Replace 6 radar units Marine patrol engine replacement SMART Trailer 10 Sirens & Cages Replace 1 0 SWAT vests Replace 15 vests Replace 4 radar units Equip Prisoner Van 10 Sirens & Cages Replace 10 vests 10 Light bars, sirens and cages Replace 2 boat engines 51,000 6,500 18,000 12,000 12,000 51,000 25,000 10,000 12,000 10,000 55,000 7,000 57,000 26,000 3-CS Equipment Purchase and Replacement 2006/07 $17,500 2007/08 $25,000 2008/09 $18,000 2009/10 $13,500 This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be purchased: 2006/07 2007/08 2008/09 2009/10 Pickup Truck Utility Vehicle Pickup Truck Replace Sedan 17,500 25,000 18,000 13,500 4-CD Equipment Purchase and Replacement 2005/06 $3,275 2006/07 $48,700 2007/08 $2,100 2008/09 $550 2009/10 $20,800 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: Capital Improvement Program 2005-2010 Page 49 City of Aventura 2005/06 3 File Cabinets 1,700 Parcel Maps 1,575 2006/07 Utility Vehicle 28,700 Pickup Truck 20,000 2007/08 2 File Cabinets 1,500 1 Vertical file 600 2008/09 Bookcase 550 2009/10 Pickup Truck 20,800 Capital Improvement Program 2005-2010 Page 50 APPENDIX C. CONSISTENCY OF A VENTURA COMPREHENSIVE PLAN WITH STATE COMPREHENSIVE PLAN Appendix C. Consistency with State Comprehensive Plan 1} CHILDREN.-- (a) Goal.--Florida shall provide programs sufficient to protect the health, safety, and welfare of all of its children. Response - Addressed through ongoing intergovernmental coordination efforts. 2) FAMILIE5.-- (a) Goal.--Florida shall strengthen the family and promote its economic independence. Response - Addressed through ongoing intergovernmental coordination efforts. 3) THE ELDERLY.-- (a) Goal.--Florida shall improve the quality of life for its elderly citizens by promoting improved provision of services, with an emphasis on independence and self-sufficiency . Response - Addressed through ongoing intergovernmental coordination efforts. 4) HOU5ING.-- (a) Goal.--The public and private sectors shall increase the affordablllty and availability of housing for low-income and moderate-income persons, including citizens In rural areas, while at the same time encouraging self-suffiCiency of the individual and assuring environmental and structural quality and cost-effective operations. Response - Addressed In Housing Element, as appropriate and including EAR-based amendments. See Chapter II.B. of EAR. (5) HEALTH.-- (a)l. Goal.--Healthy residents who protect their own health and the health of others and who actively participate in recovering their own health when they become ill. b)l. Goal.--An environment which supports a healthy population and which does not cause illness. c)l. Goal.--Health care services which are of high quality, reasonably accessible, and adequate to meet the needs of the public. (d)l. Goal.--Health costs which are contained to a level appropriate to the financial resources of the state and its residents. Appendix C. Consistency with State Comprehensive Plan Response - Addressed through ongoing intergovernmental coordination efforts. Protection of the City's natural environment is addressed in the Comprehensive Plan's Conservation and Coastal Management Element. (6) PUBLIC SAFETY.-- (a) Goal.--Florida shall protect the public by preventing, discouraging, and punishing criminal behavior, lowering the highway death rate, and protecting lives and property from natural and manmade disasters. Response - Addressed through ongoing intergovernmental coorctination efforts. Emergency management is further addressed in the Future Land Use and Conservation and Coastal Management Elements. See Chapters II. C., II.D. and II.E. of EAR. 7) WATER RESOURCES.-- (a) Goal.--Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality. Florida shall improve and restore the quality of waters not presently meeting water quality standards. Response - As noted in the EAR, the City shall coordinate, as appropriate with Miami-Dade County and the City of North Miami Beach in the implementation of the Water Supply Facilities Workplan. Water Resources are addressed in the Comprehensive Plan's Conservation and Coastal Management Element. 8) COASTAL AND MARINE RESOURCES.-- (a) Goal.--Florlda shall ensure that development and marine resource use and beach access improvements in coastal areas do not endanger public safety or important natural resources. Florida shall, through acquisition and access improvements, make available to the state's population additional beaches and marine environment, consistent with sound environmental planning. Response - Addressed in the Comprehensive Plan's Conservation and Coastal Management Element. (9) NATURAL SYSTEMS AND RECREATIONAL LANDS.-- (a) Goal.--Florlda shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests, and restore degraded natural systems to a functional condition. Response - Addressed in the Comprehensive Plan's Future Land Use and Conservation and Coastal Management Elements. Appendix C. Consistency with State Comprehensive Plan (10) AIR QUALlTY.-- (a) Goal.--Florida shall comply with all national air quality standards by 1987, and by 1992 meet standards which are more stringent than 1985 state standards. Response - Addressed in the Comprehensive Plan's Conservation and Coastal Management Element (Objective 1). (11) ENERGY.-- (a) Goal.--Florida shall reduce its energy requirements through enhanced conservation and efficiency measures in all end-use sectors, while at the same time promoting an increased use of renewable energy resources. Response - Addressed in the Comprehensive Plan's Future Land Use Element (Objective 1.0). (12) HAZARDOUS AND NONHAZARDOUS MATERIALS AND WASTE.-- (a) Goal.--AII solid waste, including hazardous waste, wastewater, and all hazardous materials, shall be properly managed, and the use of landfills shall be eventually eliminated. Response - Addressed in the Comprehensive Plan's Infrastructure Element, Aquifer Recharge Objective 1 and Solid Waste Goal Objective 1. 13) MINING.-- (a) Goal.--Florida shall protect its air, land, and water resources from the adverse effects of resource extraction and ensure that the disturbed areas are reclaimed or restored to beneficial use as soon as reasonably possible. Response - There is no mining in the City. (14) PROPERTY RIGHTS.-- (a) Goal.--Florida shall protect private property rights and recognize the existence of legitimate and often competing public and private interests in land use regulations and other government action. Response - Addressed in the Comprehensive Plan's Future Land Use and Economic Development Elements, and the land development regulations (I.e. vested rights, etc.). (15) LAND USE.-- (a) Goal.--In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have In place, or have agreements to provide, the land and water Appendix C. Consistency with State Comprehensive Plan resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. Response - Addressed in the Comprehensive Plan's Future Land Use (Objective 3) and Conservation and Coastal Management Elements. (16) URBAN AND DOWNTOWN REVITALlZATION.-- (a) GoaJ.--In recognition of the importance of Florida's vital urban centers and of the need to develop and redevelop downtowns to the state's ability to use existing infrastructure and to accommodate growth in an orderly, efficient, and environmentally acceptable manner, Florida shall encourage the centralization of commercial, governmental, retail, residential, and cultural activities within downtown areas. Response - Addressed in the Comprehensive Plan's Future Land Use and Urban Elements. Will be further addressed in recommended new Redevelopment Element (See Chapter II.A. of the EAR). (17) PUBLIC FACILlTlES.-- (a) GoaJ.--Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Response - Addressed in the Comprehensive Plan's Infrastructure and Capital Improvements Elements. (18) CULTURAL AND HISTORICAL RESOURCES.-- (a) Goal.--By 1995, Florida shall increase access to its historical and cultural resources and programs and encourage the development of cultural programs of national excellence. Response - Addressed in the Comprehensive Plan's Future Land Use and Conservation and Coastal Management Elements. As noted in the EAR, it is recommended that the City conduct a cultural resources survey during the planning period. (19) TRANSPORTATlON.-- (a) GoaJ.--Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway, air, mass transit, and other transportation modes. Response - Addressed in the Comprehensive Plan's Transportation Element. See Chapter II.D. of the EAR. Appendix C. Consistency with State Comprehensive Plan 20} GOVERNMENTAL EFFICIENCY.-- (a) Goal.--Florida govemments shall economically and efficiently provide the amount and quality of services required by the public. Response - Addressed in the Comprehensive Plan's Intergovernmental Coordination Element. 21} THE ECONOMY.-- (a) Goa/.--Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and increases per capita income for its residents. Response - Addressed in the Comprehensive Plan's Future Land Use and Economic Development Elements. This will be further addressed In recommended new Redevelopment Element (See Chapter II.A. of the EAR). 22) AGRICUL TURE.-- (a) Goa/.--Florida shall maintain and strive to expand its food, agriculture, ornamental horticulture, aquaculture, forestry, and related industries in order to be a healthy and competitive force in the national and international marketplace. Response - There Is no Agriculture or agriculturally designated land In the City. (23) TOURISM.-- (a) Goa/.--Florida will attract at least 55 million tourists annually by 1995 and shall support efforts by all areas of the state wishing to develop or expand tourist-related economies. Response - Addressed through ongoing Intergovernmental coordination efforts. (24) EMPLOYMENT.-- (a) Goa/.--Florida shall promote economic opportunities for its unemployed and economically disadvantaged residents. Response - Addressed through ongoing Intergovernmental coordination efforts. Appendix C. Consistency with State Comprehensive Plan 25) PLAN IMPLEMENTATlON.-- (a) Goal.--Systematic planning capabilities shall be integrated into all levels of government in Florida with particular emphasis on improving intergovemmental coordination and maximizing citizen involvement. Response - Addressed In Intergovernmental Coordination Element. APPENDIX D. 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Response - Addressed through ongoing intergovernmental coordination efforts. Goal 2) Increase employment opportunities and support the creation of jobs with better pay and benefits for the Region's workforce. Response - See response to Goal J above. Goal 3) Protect the health, safety and welfare or South Florida's residents. Response -Addressed through ongoing Intergovernmental coordination efforts. Goal4} Enhance the economic and environmental sustain ability of the Region by ensuring the adequacy of its publiC facilities and services. Response - Addressed In the Comprehensive Plan's Future Land Use, Transportation, Infrastructure and Capital Improvements Elements. GoalS} Overcome school overcrowding in the region. Response - Addressed in the Comprehensive Plan's Future Land Use and Intergovernmental Coordination Elements. See Chapter II.E. and IV.C. of the EAR. Goal 6) Ensure the availability and equitable distribution of adequate, affordable housing for very low, low and moderate income households within the Region. Response - Addressed in the Comprehensive Plan's Housing Element and Chapter II.B. of the EAR. It is recommended that a new Polley be added under Objective J of the Housing Element stating that the City will coordinate, as appropriate, with the South Florida Regional Planning Council in the development and implementation of the Regional Housing Plan. Goal 7) Protect, conserve, and enhance the Region's water resources. Response - As noted in the EAR, the City shall coordinate, as appropriate with Miami-Dade County and the City of North Miami Beach in the implementation of the Water Supply Facilities Workplan. Water Resources are addressed in the Comprehensive Plan's Conservation and Coastal Management Element. Appendix F. Consistency with South Florida Regional Policy Plan Goal 8) Enhance the Region's mobility, safety, quality of life, and economic health through improvements to road, port, and public transportation infrastructure. Response - Addressed In the Comprehensive Plan's Transportation Element. See Chapter 11.0. of the EAR. Goal 9) Develop clean, sustainable, and energy efficient power generation and transportation systems. Response - Addressed In the Comprehensive Plan's Future Land Use Element (Objective 10) and Plan's Transportation Element. Goal 10) Increase awareness of the Region's green infrastructure, its significance to the Region's economy, and the public's role In access and use that is compatible with long-term sustainability. Response - Addressed in the Comprehensive Plan's Parks and Recreation and Conservation and Coastal Management Elements. See Chapter II.E. of the EAR. GoalU) Encourage and promote the implementation of development proposals that conserve the region's natural resources, rural and agricultural lands, green infrastructure, and: . Utilizes existing and planned infrastructure where most appropriate in urban areas; . Enhances the utilization of regional transportation systems; . Incorporates mixed land use development; . Recycles existing developed sites, and; . Provides for the preservation of historic sites. Response - Addressed In the Comprehensive Plan's Future Land Use, Transportation, Infrastructure, Parks and Recreation, Conservation and Coastal Management, Capital Improvements, Intergovernmental Coordination, and Urban Design Elements. See Chapters II.A., 11.0., and II.E. of the EAR, and note the recommended new Redevelopment Element. Goal 12) Encourage the retention of the Region's rural lands and agricultural economy. Response - No Agriculture or agriculturally designated lands In City. Goal 13) Preserve, restore, and rehabilitate South Aorida's historic structures, landmarks, districts, neighborhoods, and archeological sites. Response - Addressed In the Comprehensive Plan's Future Land Use and Conservation and Coastal Management Elements. As noted In the EAR, It Is recommended that the City conduct a cultural resources survey during the planning period. Appendix F. Consistency with South Florida Regional Policy Plan Goal 14) Protect, preserve, and restore Natural Resources or Regional Significance. Response - There are no designated Natural Resources of Regional Significance In the City. Goal 15) Restore and protect the ecological values and functions of the Everglades ecosystem by increasing habitat area, increasing regional water storage, and restoring water quality. Response - Although the City Is not within or adjacent to the Everglades, natural habitats and water quality are addressed In the Infrastructure and Conservation and Coastal Management Elements. As noted In the EAR, the City shall coordinate, as appropriate with Miami-Dade County and the City of North Miami Beach In the Implementation of the Water Supply Fac/l/tles Workplan. Goal 16) Enhance and preserve natural system values of South Florida's shorelines, estuaries, benthic communities, fisheries, and associated habitats, Including but not limited to Florida Bay, Blscayne Bay, tropical hardwood hammocks, and the coral reef tract. Response - Addressed In the Comprehensive Plan's Future Land Use, Infrastructure, and Conservation and Coastal Management Elements. Goal 17) Maintain a competitive, diversifies, and sustainable regional economy. Response - Addressed In the Comprehensive Plan's Future Land Use and Economic Development Elements. W/I/ be further addressed In recommended new Redevelopment Element (See Chapter II.A. of the EAR). Goal 18) Ensure regional coordination, preparation, and response to emergencies. Response - Emergency management Is addressed In the Comprehensive Plan's Future Land Use and Conservation and Coastal Management Elements. See Chapters II.C. of the EAR for a detailed discussion, and related recommendations. Goal 19) Direct future development away from areas most vulnerable to storm surges. Response - The CitY of Aventura Is not located within the Coastal High Hazard Area, with the exception of the Island Estates area located adjacent to William Island on two Island extending Into the Intracoastal Waterway (see the portions of the CitY located In Zone A on Figure II.C.1). The westernmost Island Is currently developed with 22 single family estate homes. The easternmost Island Is currently vacant, but has vested rights agreements for 17 units per gross acre. Both Islands are designated Medium High Density Residential on the Comprehensive Plan's Future Land Use Plan Map, and are zoned RS-2 (Residential Single Family). The City shall not approve any development applications that would serve to Appendix F. Consistency with South Florida Regional Policy Plan Increase density of this development beyond what exists or Is allowed by current zoning and/or vested rights. Goal 20) Achieve long-term efficient and sustainable development patterns that protect natural resources and connect diverse housing, transportation, education and employment opportunities. Response - Addressed In the Comprehensive Plan's Future Land Use, Transportation, Conservation and Coastal Management. and Urban Design Elements. See Chapter II.A. of the EAR - Will be further addressed in recommended new Redevelopment Element. Goal 21} Enhance regional cooperation, multi-jurisdictional coordination, and multi- issue regional planning to ensure the balancing of competing needs and long-term sustainability of our natural, developed and human resources. Response - Addressed in the Comprehensive Plan's Intergovernmental Coordination Element. Goal 22) Create a regional environment that is aware of, and sensitive to, cultural diversity. and that provides opportunities for all to become successful regional citizens. Response - Addressed through ongoing intergovernmental coordination efforts. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager TO: City Commission BY: Joanne Carr, AI Planning Directo DATE: October 10, 2005 SUBJECT: Extension of Term of Temporary Development Permit and Development Order Moratorium adopted by Ordinance No. 2005-07 November 1, 2005 City Commission Meeting Agenda Item q -6 RECOMMENDATION It is recommended that the City Commission adopt the resolution extending the term of the temporary development permit and development order moratorium adopted by Ordinance No. 2005-07 from December 7,2005 to February 7,2006. THE REQUEST Staff is requesting that the City Commission extend the term of the temporary moratorium as provided in Section 7 of Ordinance No. 2005-07 for an additional sixty (60) day period from December 7, 2005 to February 7, 2006 to allow for preparation and implementation of the Growth Management Regulations. BACKGROUND The schedule for implementation of amendments to the land Development Regulations to enact the recommendations made as part of the Evaluation and Appraisal Report to the City's Comprehensive Plan is as follows: . Development and Preparation of Draft lOR Amendments July - November, 2005 . Workshop on Proposed Amendments November 15, 2005 . First Reading of Ordinance January 10, 2006 . Second Reading of Ordinance February 7,2006 In order to insure that additional development orders and development permits are not issued in the City during the implementation of the Land Development Regulation amendments, staff recommends that the temporary moratorium be extended for an additional sixty (60) days from December 7,2005 to February 7,2006. 2 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA EXTENDING THE TERM 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; TO EXTEND THE TERM FOR A SIXTY (60) DAY PERIOD FROM DECEMBER 7, 2005 TO FEBRUARY 7, 2006; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City Commission adopted Ordinance No. 2005-07 on June 7, 2005 to provide for the 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; and WHEREAS such Ordinance was adopted to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the Evaluation and Appraisal Report of the City's Comprehensive Plan and remedial measures referenced therein, that additional development orders and development permits are not issued in the City for any development within the scope of the moratorium described in Ordinance No. 2005-07, so that once the EAR and any resulting comprehensive plan amendments and Land Development Regulation (LOR) amendments (collectively "Growth Management Regulations") are prepared and implemented, such Growth Management Regulations will be fully effective in accomplishing the City's lawful purposes; and Resolution No. 2005- Page 2 WHEREAS Section 7. "Term" of Ordinance No. 2005-07 provides that the moratorium imposed is temporary and shall be effective for a period of one hundred and eight (180) days from adoption, provided that the duration of the moratorium may be reasonably extended, if necessary, for up to an additional sixty (60) day period by Resolution of the City Commission; and WHEREAS the City Commission finds that it is necessary to extend the term of the moratorium for an additional sixty (60) day period, from December 7, 2005 to February 7, 2006, to accommodate the implementation schedule of the Growth Management Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The term of the moratorium on the 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, as imposed by Ordinance No. 2005-07, is hereby extended for an additional sixty (60) day period from December 7,2005 to February 7,2006. 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 Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2005- Page 3 PASSED AND ADOPTED this 1st day of November, 2005. 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 ,2005. CITY CLERK MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami.Oade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 11/1/2005 CLEAR CHANNEL OUTDOOR 01-MRC-05 in the XXXX Court, was published in said newspaper in the issues of 10/19/2005 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 t . adv . me for publication in the said newspape ~ Sworn to and subscribed before me this (SEAL) .i......'" Mana t Mesa O.V. FERBEYRE personally~~:;:'i;omml"ion 00293855 0,.,. ~March04,,2008 f- 11-1-0 :r ~ Dale and nme 01 Public Haarlng: Tuesday, November 1 ,2005 6:00 p.m. Applicant NamelNumber: Clear Channel Outdoor 01 ~MRC-05 Applicant Requnt: The epplicant, Cleer Channel Outdoor, i&. requesting modification to Condition. 1 ) of the approval granted through Resolution No. 2003-06 to substitute a revised plan that permits commercial advertising on. the southern most panel of the rear (west) face of its billboard located at the southwest comer of Biscayne Boulevard and Ives Dairy Road, where the resolution provides that only a "Welcome to Aventura" sign is permitted on the rear (west) face of the sign. Location Of SUbject Property: Southwest comer of lves Dairy Road . . and Biscayne Boulevard . Legal Description: Part of the Rorida East Coast Railway righ.t otway lying in e portion of Section 35, TownahIp51 South, Range 42 East. City of Aventura" Miami- Dade County, Rorida (full legal ~ is available at the COmmunity Development Department) ,Plans are on fite and may be examined during regular business hours in the City of Aventura Government Center, COmmunity Devefopment 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 at City of Aventura Government Center,. Commission Chambers. 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 GovemmentCenter, COmmunity Development Department. 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, 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 evidem;e upon which the appeal is to be based. 10(19 Teresa M. Soroka, MMe, City Clerk 05-3-431597551 M .~----_.~-'--.._-'._^-_..__.._._-----_..---.-_....._---_....- Published Dailv 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: G/T'j of 1t1l6AJTUAA (LI f'tDS) was published in said newspaper in the issue of: A A- Sed/o/l) / Thl/rscl~ll Oc/ohelr ZD/ zoos 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. ~ -~ - .---- u 1m" ~Z' I : LIlA HERNN:a1 !,@\ _x , ! \~iI ~3ft_ i...~t~....~~~I M RIA ANGEL Sworn to and subscribed before me This :1 0 day of A.D. 2005 ~ -'T--'"T"- TOY- CITY OF AVENTURA NOTICE OF HEARING OF ADOPTION OF THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN AND TRANSMITTAL OF THE EVALUATION AND APPRAISAL REPORT TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR THE PURPOSE OF SUFFICIENCY REVIEW UNDER SECTION 163.3191, FLORIDA STATUTES Public Notice is hereby given that the City of Aventura City Commission will meet in a public hearing on Tuesday, November 1, 2005 at 6:00p.m. to consider adoption of the following Resolution: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL OF THE EVALUATION AND APPRAISAL REPORT TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR THE PURPOSE OF SUFFICIENCY REVIEW IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. . The Public Hearing will be held at City of Aventura Government Center, 19200 West Country Club Drive, Aventura. Florida. 33180. The proposed Resolution and the 2005 Evaluation and Appraisal Report 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 Resolution. 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 ,- - ~- T - -. T TT -T fl CITYN~~:~~URA AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice is hereby given that the Aventura City Commission will meet in a public hearing on Tuesday, November 1, 2005 at 6:00 p.m. to consider adoption on second reading of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF "GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE TO THE UNIQUE CHARACTERISTICS OF THESE . CENTERS; AMENDING SECTION 31-171 "OFF- STREET PARKING AND' LOADING STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS cFORPARKING REQUIREMENTS FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE AND SPECIAL DEMANDS OF THESE LARGER CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 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, 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 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 ""--. --. ~--HT" "-..-. ," TT" UT \ \ \ / CITY OF AVENTURA NOTICE OF EXTENSION OF TERM OF DEVELOPMENT PERMIT AND DEVELOPMENT ORDER MORATORIUM Public Notice is hereby given that the City Commission will meet in a public hearing on' Tuesday, November l, 2005 at 6:00 p.m. to consider adoption of the following resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CllY OF AVENTURA, FLORIDA EXTENDING THE TERM OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERlY LOCATED EAST OF BISCAYNE BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS OF THE CllY; TO EXTEND THE TERM FOR A SlID (60) DAY PERIOD FROM DECEMBER 7, 2005 TO FEBRUARY 7,2006; PROVIDING FOR AN EFFECTIVE DATE. \ (see map below for subject area) II ........:::l ~~/ The Public Hearing will be held at City of Aventura Government Center, Commission Chamber, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Resolution may be inspected by the public at the Office of the City Clerk, Aventura Government Center. Interested parties may appear at the Public Hearing and be heard ,with respect to the proposed Resolution. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceetling 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, far 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, MMe, City Clerk " -- ._.~._..-"'---I.--- -----.......-T... - T1---- ..T I .I CITY OF AVENTURA NOTICE OF APPLICATIONS FOR AMENDMENT TO OFFICIAL ZONING MAP Public Notice is hereby given that the Aventura City Commission will meet in a public hearing on Tuesday, November 1, 2005 at 6:00 p.m. to consider adoption on second reading of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A. FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT TO CNS, CONSERVATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 111I~~r I . .-: n :~,.\;.., .-; ,,,,<- The Public Hearin!} 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, 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 shouid 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 Cierk ,- --......-. ---y ...--'T'.--- ~-----'-T- ---~-._...-,. 'T