01-10-2006
City rflmrn;llIlmn
Susan Gottlieb, Mayor
A ':!be City of
~ventura
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Citv Mvuger
Eric M. Soroka, ICMA.CM
Zev Auerbach
Bob Diamond
Billy Joel
Harry Holzberg
Michael Stern
Luz U rbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
Citv Atrmnev
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
JANUARY 10, 2006 foDowing6pJILLPAmeeting
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 of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
November 1,2005 Workshop Meeting
November 1, 2005 Commission Meeting
November 17, 2005 Commission Meeting
November 17, 2005 Workshop Meeting
December 1,2005 Workshop Meeting
December 14, 2005 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA URGING MEMBERS OF THE
FLORIDA LEGISLATURE TO SUPPORT CERTAIN ISSUES AS
RECOMMENDED BY THE FLORIDA LEAGUE OF CITIES
DURING THE 2006 LEGISLATIVE SESSION; AND PROVIDING
FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, IN CONJUNCTION WITH THE
NORTHEAST MIAMI-DADE MAYORS' JOINT TASK FORCE
ON TRANSPORTATION ("TASK FORCE") SUPPORTING THE
MIAMI-DADE COUNTY METROPOLITAN PLANNING
ORGNIAZATION ("MPO") FUNDING FOR THE SOUTH
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FLORIDA EAST COAST CORRIDOR TRANSIT ANALYSIS;
AND PROVIDING FORAN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISISON OF THE CITY
OF A VENTURA, FLORIDA ACCEPTING DONATION OF ART
WORK TO THE CITY; PROVIDING FOR AN EFFECTIVE
DATE.
E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$83,464 FOR AEDS, BOAT ENGINES FOR MARINE PATROL
AND EQUIPMENT FOR A BAIT VEHICLE FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, 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.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING MERCO AT
A VENTURA FINAL PLAT, BEING A SUBDIVISION OF A
PORTION OF THE SOUTHWEST 1/4 OF SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE
COUNTY, FLORIDA, LYING AND BEING IN THE CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS: None
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are
quasHudicial in nature. If you wish to object or cormnent upoo 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 statThave
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 wib1esses, but the public may request the Connnission to ask questions of statT 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.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
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A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS TO REVISE AUTHORITY AND PURPOSE,
DEFINITIONS AND USE REGULATIONS TO CREATE
ADDITIONAL REGULATIONS, RESTRICTIONS AND
PROHIBITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 36
"RETIREMENT", AT ARTICLE II "POLICE PENSION PLAN
AND TRUST FUND", BY AMENDING SECTION 36-36 "RATE
OF CONTRIBUTION"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2004-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2004/2005 FISCAL YEAR BY REVISING THE 2004/2005 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION
TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE
CITY CHARTER AS PROVIDED BY THE CHARTER
REVISION COMMISSION, IN ACCORDANCE WITH SECTION
7.06 OF THE CITY CHARTER; SUBMITTING PROPOSED
CHARTER REVISIONS CONCERNING SECTION 2.03
"ELECTION AND TERM OF OFFICE" AND SECTION 5.01
"ELECTIONS"; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD ON
TUESDAY, THE 21ST DAY OF MARCH, 2006; PROVIDING
NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT
ELECTION; PROVIDING FOR INCLUSION IN THE
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CHARTER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
AND
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
JANUARY 19,2006
9 A.M.
COMMISSION MEETING
FEBRUARY 7, 2006
6 P.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special 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 more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center. 19200 W. Country Club
Drive, Aventura. Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466.
8901.
4
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MINUTES
COMMISSION WORKSHOP MEETING
NOVEMBER 1, 2005 - 5 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33160
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 5 p.m. 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.
1. CHARTER REVISION COMMISSION: Commissioners discussed the selection of
members to serve on the Charter Revision Commission
CITY MANAGER SUMMARY: Consensus to select Alan Lips, Arthur Barr, Arthur
Berger, Leonard Brenner and Manny Grossman to serve on the Charter Revision
Commission.
Mr. Soroka requested that an Executive Session to discuss collective bargaining be
scheduled for Wednesday, November 2, 2005 at 4:30 p.m.
2. 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 5:20 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.
The City of
Aventura
il
..~...:.'
MINUTES
CITY COMMISSION MEETING
NOVEMBER 1, 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 6:00 p.m. by
Mayor Susan Gottlieb. 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. PLEDGE OF ALLEGIANCE: Mr. Soroka led the pledge of allegiance.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: At the
request of Mr. Soroka, a motion was offered by Commissioner Auerbach, seconded by
Commissioner Holzberg and unanimously passed to add to the Consent Agenda a
resolution confirming the Declaration of State of Emergency and enactment of curfew
issued by the City Manager as a result of Hurricane Wilma.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Auerbach, seconded by Commissioner Holzberg, unanimously
passed and the following action was taken:
A. The minutes of the October 11, 2005 Commission Meeting and October
11, 2005 Workshop Meeting were approved.
B. Resolution No. 2005-63 was adopted as follows:
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.
C. Resolution No. 2005-64 was adopted as follows:
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.
D. Resolution No. 2005-65 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. 01-0103-065
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.
E. Resolution No. 2005-66 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. 01-0103-064
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.
F. (Item withdrawn)
G. Resolution No. 2005-67 was adopted as follows:
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
2
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
H. Resolution No. 2005-68 was adopted as follows:
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.
I. Resolution No. 2005-69 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA CONFIRMING THE DECLARATON OF
STATE OF EMERGENCY AND ENACTMENT OF CURFEW
ISSUED BY THE CITY MANAGER, AS ATTACHED HERETO
INCLUDING ALL REVISIONS THEREOF, RELATING TO THE
AFTERMATH OF HURRICANE WILMA; AND PROVIDING AN
EFFECTIVE DATE.
6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by City Clerk Teresa M.
Soroka.
Mr. Wolpin read the following resolution by title:
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.
3
A motion for approval was offered by Commissioner Diamond, and seconded by
Vice Mayor Joel. Planning Director Joanne Carr explained the request of the
applicant and entered the staff report into the record. Mayor Gottlieb opened the
public hearing. The following individual addressed the Commission: John Emer,
1401 Brickell Avenue, Suite 825, Miami, representing Clear Channel. There being
no further speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2005-70 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
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 was offered by Commissioner Stern and seconded
by Vice Mayor Joel. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2005-
15 was enacted.
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
4
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 was offered by Commissioner Weinberg and
seconded by Vice Mayor Joel. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2005.
16 was enacted.
9. RESOLUTIONS - PUBLIC HEARING:
A. Mr. Wolpin read the following resolution by title:
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.
A motion for approval was offered by Commissioner Holzberg, and
seconded by Commissioner Weinberg. Ms. Carr addressed the
Commission and introduced the City's EAR consultants, Jerry Bell, Alex
David and Joe Corradino. Mayor Gottlieb opened the public hearing. The
following individuals addressed the Commission: Cliff Schulman, Esq.,
1221 Brickell Avenue and Jeffrey Bercow, Esq., representing Turnberry
Associates and the Aventura Mall. There being no further speakers, the
public hearing was closed. The motion for approval passed unanimously
and Resolution No. 2005-71 was adopted.
B. Mr. Wolpin read the following resolution by title:
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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.
A motion for approval was offered by Commissioner Diamond. and
seconded by Commissioner Auerbach. Ms. Carr addressed the
Commission. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Mr. Schulman. There being no
further speakers, the public hearing was closed. The motion for approval
passed unanimously and Resolution No. 2005-72 was adopted.
10. PUBLIC COMMENTS: Former Commissioner Jay Beskin, Mystic Point; Former
Commissioner Manny Grossman, Coronado.
11. REPORTS: As submitted, including Mr. Soroka's report on Hurricane Wilma.
12.0THER BUSINESS: Mr. Wolpin explained the responsibilities of the members of
the Charter Revision Commission. A motion was offered by Vice Mayor Joel,
seconded by Commissioner Auerbach and unanimously passed to appoint the
following individuals to the Charter Revision Commission: Leonard Brenner, Manny
Grossman, Alan Lips, Arthur Berger and Arthur Barr.
The time of the November 17, 2005 Workshop Meeting was scheduled at 2:30 p.m.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 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.
6
A~ City of
n..ventura
I:i\
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MINUTES
COMMISSION MEETING
NOVEMBER 17, 2005 - 2:30 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 2:30 p.m. 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. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2004-15 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2004/2005 FISCAL YEAR BY REVISING
THE 2004/2005 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "An ATTACHED HERETO; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Joel 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.
3. 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 2:35 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
A~
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~,
MINUTES
COMMISSION WORKSHOP MEETING
NOVEMBER 17, 2005
Aventura Govemment Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 2:35 p.m. 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.
1. MOUNT SINAI MEDICAL CENTER CERTIFICATE OF NEED: Mr. Wolpin noted
that as an employee of HCA, parent of Aventura Hospital and Medical Center,
Commissioner Weinberg has declared her conflict of interest in this matter and
would not participate in discussions or voting. Heather Rohan, CEO of Aventura
Hospital and Medical Center, addressed the Commission in response to Mt. Sinai
Medical Center's request for a Certificate of Need to construct a new hospital in
northeast Miami-Dade County.
CITY MANAGER SUMMARY: Consensus that no action be taken.
2. RECOMMENDED LAND DEVELOPMENT REGULATION AMENDMENTS (City
Manaaer: Mr. Soroka and Ms. Carr presented a powerpoint presentation and
reviewed the proposed amendments. The following individuals spoke to this issue:
Jeffrey Bercow, Esq., representing Turnberry Associates; Mario Garcia-Serra, Esq.,
Greenberg Traurig; and Ricardo Winokur.
CITY MANAGER SUMMARY: City Administration to further amend, incorporating
Commission concerns. Future meetings scheduled for Thursday, December 1, 2005
at 10 a.m. and Wednesday, December 14, 2005 at 3 p.m. if needed.
3. LEGISLATION TO REQUIRE GAS STATIONS TO HAVE GENERATORS
(Commissioner Auerbach): Commissioner Auerbach suggested that the City
pursue, if the County does not.
CITY MANAGER SUMMARY: Consensus to track state and county legislation and
add to the City's legislative agenda for 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 at 5:40 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
A~
.
MINUTES
COMMISSION WORKSHOP MEETING
DECEMBER 1, 2005 - 10 A.M.
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. 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.
1. RECOMMENDED LAND DEVELOPMENT REGULATION AMENDMENTS (City
Manaqer: Mr. Soroka and Ms. Carr reviewed the proposed amendments. The
following individuals spoke to this issue: Cliff Schulman, Esq., Dr. Barry Silverman,
Jeffrey Bercow, Esq., and Evan Sipe.
CITY MANAGER SUMMARY: Consensus to proceed with residential component
as presented. Further discussion on commercial regulations at next Workshop
Meeting scheduled for Wednesday, December 14, 2005 at 3 p.m. Staff to provide
additional information relating to traffic study.
2. 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.
A~
.
MINUTES
COMMISSION WORKSHOP MEETING
DECEMBER 14, 2005 - 4 P.M.
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. 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.
1. RECOMMENDED LAND DEVELOPMENT REGULATION AMENDMENTS (City
Manaaer: Mr. Soroka and Ms. Carr reviewed the proposed amendments.
CITY MANAGER SUMMARY: Consensus to provide for the following:
M-O district - height of buildings limited to 12 stories, with a conditional use provision
for additional height
B-2 district - height of buildings limited to 12 stories with a conditional use provision for
additional height up to 20 stories
MO district - residential density at 25 units/acre
The next workshop meeting was scheduled for January 19, 2006 at 9 a.m.
2. 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 5:30 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 indudes the testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission
Eric M. Soroka, ICMA-C~ag
December 14, 2005
TO:
DATE:
SUBJECT:
Florida League of Cities Request for Cities to Support Major Issues
for the 2006 Legislative Session
January 10, 2006 City Commission Meeting Agenda Item ~
Attached hereto, as requested by the Florida League of Cities, is a Resolution urging
members of the Florida Legislature to support the following issues during the 2006
Legislative Session:
. Preserve municipal autonomy and protect the fundamental right of voluntary self-
government.
. Provide municipalities alternative funding options for the purpose of responding
to impacts of declared disasters.
. Preserve municipal tools for community redevelopment and urban revitalization.
. Provide a dedicated and recurring revenue source for municipal transportation
projects.
. Preserve dedicated funding for local affordable housing programs.
. Provide for an equitable distribution of fines and fees from criminal violations
such as driving under the influence of alcohol or other chemical substances.
. Provide a comprehensive and uniform workers' compensation system.
The League has requested each city to adopt a similar resolution and distribute to
various members of the State Legislature.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01447-05
._----,-..._.._._..._..._-_...~--------_._~_.._.._-- .--,...,.,- ------
..
FLORIDA LEAGUE OF CITIES, INC.
MEMORANDUM
To:
Members of Florida League of Cities, Inc.
From:
John Charles Thomas, Director
Legislative & Public Affairs
December 6, 2005
Date:
Re:
Request for Resolution
Several years ago the FLC Board of Directors adopted a new initiative to
enhance the Legislature's awareness of the League's priority issues. This plan
calls on each of Florida's cities to adopt a resolution that supports the League's
key priority issues.
These key issues were adopted by the League membership at the recent
Legislative Conference.
Enclosed is a draft resolution that we are asking your city to adopt at the next
available council/commission meeting. We would then like you to send copies of
that resolution to Governor Jeb Bush, Senate President Tom Lee, Speaker of the
House Allan Bense, your House and Senate members and a copy to the Florida
League of Cities no later than Friday, February 24, 2006.
Also enclosed, is a list of addresses for the Governor, Senate President; Speaker
of the House and a House and Senate directory with addresses for your
legislators.
A Microsoft Word version of this resolution can be on the League's website under
Legislative/Advocacy at: www.flcities.com. Should you have any questions or
require additional information, please contact Jill Johnson at the Florida League
of Cities at (800) 342-8112 email atjjohnson@flcities.com. Thank you for your
assistance.
Enclosures
DEe f 2 2005
OHlC< OF THE
CITY MANAGER
301 South Bronaugh Street. Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com
Please send a copy of your City's resolution to the following
no later than Friday, February 24, 2006:
The Honorable Jeb Bush
Governor, State of Florida
400 South Monroe Street
Tallahassee, Florida 32399-0001
Phone: (850) 488-4441
Fax: (850) 487-0801
The Honorable Tom Lee
President of the Senate
Suite 409, The Capitol
404 South Monroe Street
Tallahassee, Florida 32399-1100
Phone: (850) 487-5229
Fax: (850) 487-5844
The Honorable Allan Bense
Speaker of the House of Representatives
Suite 420, The Capitol
402 South Monroe Street
Tallahassee, Florida 32399-1300
Phone: (850) 488-1450
Fax: (850) 487-1456
Your House and Senate Members
see attached directories for mailing information
Jill Johnson, Administrative Assistant
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, Florida 32302-1757
Phone: (800) 342-8112, extension 281
Fax: (850) 222-3806
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT CERTAIN ISSUES AS RECOMMENDED
BY THE FLORIDA LEAGUE OF CITIES DURING THE 2006
LEGISLATIVE SESSION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, as Florida's population continues to increase, cities are challenged
to meet the service demands and infrastructure needs to account for new growth; and
WHEREAS, a majority of Florida's municipalities have experienced negative
impacts to the infrastructure, housing stock and employment base from a series of
natural disasters in the past two years; and
WHEREAS, the state has imposed greater accountability in comprehensive
planning and fiscal feasibility standards on municipalities; and
WHEREAS, Florida's municipalities are dependent on other governmental
entities for financial stability and presently the state, counties, and school districts
control every funding source that has been authorized for implementing growth
management capital improvements and complying with concurrency requirements; and
WHEREAS, municipal self-determination and local self-government are
constantly under attack from a variety of public and private interests; and
WHEREAS, the role and function of municipal government is constantly evolving
from new demands from its citizens and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura urges Governor Jeb Bush and members of the
Florida Legislature to support legislation as part of a comprehensive legislative reform
package that:
. Preserves municipal autonomy and protects the fundamental right of voluntary
self-government.
""M_~_~__'_'_'~'___~__",__~,__,,_____,_~",,_,.,_,,__,_______.,_. '_______"_
Resolution No. 2006-_
Page 2
. Provides municipalities alternative funding options for the purpose of responding
to impacts of declared disasters.
. Preserves municipal tools for community redevelopment and urban revitalization.
. Provides a dedicated and recurring revenue source for municipal transportation
projects.
. Preserves dedicated funding for local affordable housing programs.
. Provides for an equitable distribution of fines and fees from criminal violations
such as driving under the influence of alcohol or other chemical substances.
. Provides a comprehensive and uniform workers' compensation system.
Section 2. That a copy of this resolution shall be provided to Governor Jeb
Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the
Florida Legislature.
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
------ - - ----.--,.--~-~----.~---~-.-----__r_......---.-.--.-.------.--..., .--
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 10th day of January, 2006.
ATTEST:
SUSAN GOTTLIEB, MAYOR
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
y(~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, Cit
de County Metropolitan Planning
the South Florida East Coast
TO:
City Commission
DATE:
December 7,2005
SUBJECT:
Resolution Supporting the Miami-
Organization (MPO) Funding for
Corridor Transit Analysis
January 10, 2006 City Commission Meeting Agenda Item 5"-G
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution supporting
the MPO funding for the South Florida East Coast (FEC) Corridor Transit Analysis
BACKGROUND
The study began in September to analyze the feasibility of rapid transit along the FEC
Railroad corridor from Jupiter to Downtown Miami. The Resolution supports and
encourages MPO funding and completion of the study.
This matter was discussed at the Northeast Miami-Dade Mayor's Joint Task Force on
Transportation.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO 1443-05
...._--~.~~_.__._.-.__._~--~~._--~-...._'---""-----_.-......_. --"
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, IN CONJUNCTION WITH THE NORTHEAST
MIAMI-DADE MAYORS' JOINT TASK FORCE ON TRANSPORTATION
("TASK FORCE") SUPPORTING THE MIAMI-DADE COUNTY
METROPOLITAN PLANNING ORGNIAZATION ("MPO") FUNDING FOR
THE SOUTH FLORIDA EAST COAST CORRIDOR TRANSIT
ANALYSIS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mayors and representatives from numerous municipalities in Miami-
Dade County, as well as County transportation officials, have joined together to form a
joint task force to address regional transportation issues; and
WHEREAS, after several workshops, the Task Force has proposed solutions
and suggestions for areas needing further discussion regarding mutual problems and
concerns; and
WHEREAS, the City Commission of the City of Aventura, in conjunction with the
Task Force, strongly supports the MPO funding for the South Florida East Coast
Corridor Transit Analysis, a 24-month study initiated in September 2005 to analyze the
feasibility of rapid transit along the Florida East Coast Railroad corridor from Jupiter to
downtown Miami.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2006-
Page 2
Section 1. The City Commission, in conjunction with the Northeast Miami-Dade
Mayors' Joint Task Force on Transportation, hereby supports and encourages MPO
funding and completion of the South Florida East Coast Corridor Transit Analysis.
Section 2. That a copy of this resolution shall be provided to the Miami-Dade
County Board of Commissioners and members of the MPO.
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. 2006-_
Page 3
PASSED AND ADOPTED this 10th day of January, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROr~AL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
December 7, 2005
Work to the City
TO:
City Commission
FROM:
Eric M. Soroka, ICMA-CM, Cit
SUBJECT: Resolution Accepting Donation 0
January 10, 2006 City Commission Meeting Agenda Item 5 -})
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution accepting
the donation of the Mosaic Sculpture Sun NO.5 by Gianmaria Potenza from Ralfe and
Selma Silverman.
BACKGROUND
At the July 2005 Workshop Meeting, the City Commission authorized the City
Administration to proceed with accepting the donated sculpture from Ralfe and Selma
Silverman.
The donation is subject to the following conditions:
1. The sculpture be displayed in the lobby of the Government Center.
2. The sculpture remains on display at said location for a period of 10 years.
3. The City will not transfer title to said sculpture to any other person.
A formal unveiling ceremony is tentatively scheduled for February 6, 2006 at 5:00 p.m.
The artist is scheduled to be present as well as Ralfe and Selma Silverman.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
ceo 1444-05
'_~._._~----,....---"".._--~~_..,_.~._~-_._-_.,._.._--~..
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, ACCEPTING
DONATION OF ART WORK TO THE CITY; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, Ralfe O.P. Silverman has offered to donate a significant sculpture work
of art to the City (the "Art Donation"), which is described in Exhibit "A" attached hereto; and
WHEREAS, the City Manager has recommended that the City Commission accept the
Art Donation; and
WHEREAS, the City Commission finds that acceptance of the Art Donation is in the
best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
adopted.
Recitals. That the above stated recitals are hereby confirmed and
Section 2. Donation Acceuted. That the City Manager is hereby authorized to
accept the Art Donation, on behalf of the City, subject to approval of the City Attorney as to
the form and legal sufficiency of the Art Donation transaction.
Section 3. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof.
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:
, who
, and
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stem
Commissioner Luz Urbflez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-
Page 2
PASSED AND ADOPTED this 10'" day of January, 2006.
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
r,~
City Attorney
Susan Gottlieb, Mayor
2
Nov 16 05 02:41p
Nov 14 05 11:56a
Ralfe Silverman
(3051 466-1746
p.l
p.:!
DONATION TO MUNICIPALITY
. . III. ~::~
The undeJ'S1gned party (the "Donor"), does hereby thIS .J.:L"day of 2005
donate, transfer and convey to the City of A ventura, Florida, a Florida municipality (the
"City"), all of Donor's right, title and interest in that certain sculpture, known as "The
Sun", created by world renowned sculptor, Gianmaria Potenza.
I. Conditions.
This donation is made subject to the condition that the sculpture be displayed in
the Lobby of the City Hall, at a location situated to the right-hand side of the decorative
pond, and the further condition that the sculpture remain on display at said location for a
period of ten (10) years from the date of this donation, and that, except as provided
below, the City shall not sell or transfer title to said sculpture to any other person.
However, these conditions shall not prohibit the City Manager from temporarily
relocating the Sculpture in the event of renovation work at the City Hall facility or from
relocating the sculpture to other locations within the City Hall or within City owned
cultural facilities, so long as such other locations are determined by the City Manager to
be of substantially equal prominence and accessibility as the above-described initial Cil)'
Hall location. Likewise, the restriction upon alienation of the sculpture, shall not prohibit
the City Commission from conveying or lending the sculpture to the State of Florida,
Miami-Dade County, the Miami-Dade County School Board or to any other Miami-Dade
County municipality for public display at a musewn or other suitable public facility.
Further, the restriction upon the alienation of the sculptnre shall expire after twenty (20)
years from the date of the dedi cation.
Nov 16 05 02:41p
Nov 14 05 11:56e
Ralte Silverman
13051 466-1746
U. Delivery; Installation.
A. Donor represents that they have the full power and authority to transfer
ownership of the sculpture to City, as provided herein, and to lawfully bind themselves to
the provi sions hereof.
B. Donor, at their sole cost and expense, shall by September 30, 2005,
provide for the delivery of the sculpture to City Hall for installation and display by the
City in accordance with the advice of the sculptor. City shall install a suitable bronze
yDl;t:.e, :C1'"A">,
plaque stating: "Gianmaria Potenza, Sculptor I 998, donated by Selma and RalfeO.P.
Silvennan 2005".
Uf. Charitable Contribution.
A. Donor understands that this donation may enable Donor to claim a
deduction for purposes of federal income tax, but recognizes that Donor must contact
their own tax attorney or accountant for matters regarding entitlement to the deduction,
record keeping requirements and limitations on the amount of any tax deduction, as well
as related issues.
B. The City shall utilize the donation for municipal purposes as authorized by
the provisions of Florida law applicable to a municipality.
Donor:
By:
By:
Selma Silverman
2
p.2
p.4
/
~
Nov 16 05 02:41p
Nov 14 05 11:57a
Ralfe Silverman
(305) 466-1746
ACCEPTED BY THE CITY OF A VENTURA
The above-described donation is hereby accepted by the City of Aventura pursuant to
authorization of the City Commission this _ day of September. 2005. Upon receipt of
delivery of the donated property, the City shall execute the receipt provided below.
CITY OF A VENTURA
By:
Eric M. Soroka, City Manager
Attest:
Teresa Soroka, City Clerk, MMC
Approved as to Form and Legal Sufficiency:
City Attorney
:RECEIPT
The City of Aventura hereby confirms that it has received delivery of the donated
sculpture which is described above on the _ day of . 2005, subject to 'the
tenns and conditions set forth above.
CITY OF A VENTURA
By:
Eric M. Soroka, City Manager
ATTEST:
Teresa Soroka, City Clerk, MMC
3
p.3
p.5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE:
SUBJECT: Disbursement of Police Forfeiture Funds
January 10, 2006 City Commission Meeting Agenda Item 5.. F!
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $83,464 for AEDs, boat engines for
marine patrol and equipment for a bait vehicle from the Police Forfeiture Fund in
accordance with the City Manager's memorandum".
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeO-06
-- -- _._--'..._'.~-_.--r---" M__'"_._.m___.___.~~'______._ ..-
CITY OF AVENTURA
POLICE DEPARTMENT
FROM:
INTER OFFICE MEMORANDUM
Eric M. Soroka, City M~:
Thomas E. Ribel, Chief ~POli
TO:
DATE:
SUBJECT:
December 19, 2005
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
AED's and accessories
Marine Patrol new boat engines & install
Bait vehicle equipment
$46,980.00
$31,000.00
$5,484.00
$83,464.00
Total Expenditure Request:
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
- . ----_..._._..._---~_.__.----.._._-'_. _._~._. ."..~..~._""._~.__.. ._-- ._~._...-.----
Summary
AED's - The department has 22 AED's on hand at this time. Some of the AED's
are older units that can only be used on adults. 8 of the newer units are models
which can be used on both adults and pediatric patients. This purchase will
provide a total of 45 brand new AED units (30 purchased; 15 donated by the
company) which will work on both adulUpediatric patients.
Each officer and supervisor in patrol will be issued an AED which will be kept in
their vehicle at all times.
Marine Patrol new boat engines - The Marine Patrol Unit has purchased a
new patrol boat due for delivery in April. This request will fund two brand new
Mercury Verado outboard engines, gauges and installation.
Bait Vehicle equipment - An insurance company is donating a vehicle at no
cost to be used as a bait vehicle to catch persons either engaged in stealing
vehicles or committing burglary and/or theft from a vehicle. The funds requested
would outfit the vehicle so that it could be monitored from a remote location as
well as supply video of the subjects and a remote control to shut off the vehicle
and lock the doors to prevent the escape of the subjects once in the vehicle until
the arrival of police units.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, City M ger
BY: .~. Kilg~e, Finance S
Services Director
TO: City Commission
DATE:
January 5, 2006
SUBJECT: Disaster Relief Funding AgreemenUHurricane Wilma
January 10, 2006 City Commission Meeting Agenda Item !S. P
Recommendation
It is recommended that the City Commission approve the attached resolution authorizing
the City Manager to execute the Disaster Relief Funding Agreement relating to Hurricane
Wilma.
Backaround
This agreement covers the City's requested reimbursement of costs relating to Hurricane
Wilma. The City incurred costs in preparing for the hurricane on October 23rO and 24th and
for cleanup and other services after the stonn beginning on October 25th.
We began working with representatives of Florida's Department of Community Affairs
(DCA) and the Federal Emergency Management Agency (FEMA) last month. We are in
the early stages of gathering information for reimbursement but believe we will receive
approximately $500,000 - $1,000,000, representing approximately 75% of costs incurred.
This does not include costs to be incurred to date or in the future to replace sod, trees and
other live materials which are not eligible for reimbursement from FEMA.
The State requires each governmental entity to sign the standard Disaster Relief Funding
Agreement in order to receive reimbursement. I, therefore recommend approval of the
resolution.
HMKlmn
RESOLUTION NO. 2006-_
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Disaster Relief Funding
Agreement between the City of Aventura and the state of Florida Department of
Community Affairs for reimbursement of certain costs of preparation for and cleanup
and other services after Hurricane Wilma.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and 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 Urbflez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 2
PASSED AND ADOPTED this 10th day of January, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
:rV~GAl SUFFICIENCY
CITY ATTORNE
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreemenl No. 0S.-WL-&K-11-23'{)2-647
CFDA No. 97.036
Subgrantee: AvenbJra. City Of
FIPS No. 086-02681-00
Ths Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as
the "Grantee" and, the lDldersigned State Agency, political subdivision of the State, private nonprofit organizations,
or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantee").
Ths Agreement is based on the existence of the following facts and conditions:
A. WHEREAS, Hunicane Wilma the event beginning October 21, 2005, and thereafter, had a devastating
impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of
emergency by the Governor in Executive Order 05-219. In consequence of the Event, the President of the
United States on October 24, 2005, daclared Emergency No. FEMA-I609-DR-FL in Brevard, Broward,
Chartotte, Collier, Desoto. Glades, Hardee, Hendty, HigWands. Indian River, Lee, Martin, Miami-Dade,
Monroe, Okeechobee, Osceola, Palm Beach, Polk. Sarasota and St Lucie counties in the State of Florida
Additional COlDlties may be added to the declaration later. As a result, the Public Assistance Program was
made available to eligible applicants in these Declared counties; and,
B. WHEREAS, the FEMA-State Agreement dated November I, 2005 between the Slate of Florida and the
Federal Emergency Management Agency governing the use of such funds requires the State to share the costs
eligible for fedaral financial assistam:e, and the State has undertaken to sbare those costs, as appropriated, with
its Subgrantees; and.
C. WHEREAS, !be Grantee represents that it is fully qualified and eligible to receive these grnnt funds to
provide !be services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, tho Grantee receives these grant funds from the State of Florida and the federal government,
and has the authority. lDlder Section 252.373, Florida Statute to disburse these funds to the Subgrantees upon
the terms and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event Under the Emergency Management Act, as amended, the
Department has authority to administer fedentl financial assistance from the Federal Emergency Management
Agency consequent to a presidential declaration of disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE L Definition.. As used in this Agreement, the following terms sball have the following meanings
unless aootber meaning is specified elsewhere:
A. 'Eligible activities' are those activities authorized in the FEMA-Slate Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-
707; 44 Code ofFedentl Regulations Part 206.35; and applicable policies of !be Federal Emergency
Management Agency.
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B. 'FEMA-State Agreement" is the agreement dated November 1,2005, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-I609-DR-FL.
ARTICLE IT. Aoolieable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the
policies of the Federal Emergency Management Agency.
ARTICLE ill Fundinl! and Inluranee. Grantee shall provide funds to the Sub grantee for eligible activities
for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the
approved Project Worksheets. Allowable costs shall he determined as per 44 Code of Federal Regulations Parts 13
and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved.
A The approved Project Worksheets shall he transmitted to Subgraotee. and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project
Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The
approved Project Wowheets shall document the total eligible costs and the total federal share of those costs,
which shall he seventy five (75) percent of all eligible costs, unless a higher percentage is approved.
Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any
nonfederal share for some subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees
to provide any nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or
Federal Emergency Management Ageney that funds exceeding the eligible costs have been disbursed to
Subgrantee pursuant to this Agreement or any olher funding agreement .dmini.....-ect by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insunmce
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be
funded under this Agreement where insunmce is available and reasonable. Subgrantee shall provide Grantee
with a certificate of such inswance as a condition to funding under this Agreement
ARTICLE IV. Duolicalion of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any olher duplicate benefits under
this Agreement.
A. Subgrantee shall without delay advise Grantee of any insunmce coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Subgrantee sha11 reimburse Granree without delay for any duplicate benefits Subgraotee may receive from any
other source for any damage identified on the applicable Project Worksheets for which Subgrantee has
received payment from Granree, to the extent of any such duplication.
B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of
Financial Services of the State of Florida the authority to set off the sum of any snch duplicate benefits by
withholding it from any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Comnliance witb EnvironmentaL P1unml! and Permlttlno LaWs. Subgrantee shall he
responsible for the implementation and completion of the approved projects described in the Pr~ect Worksheets in a
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manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for
any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgranlee, sball be
consistent with the local government Comprehensive Plan. Subgranlee shall ensure that any development or
devetopment order complies with all applicable planning, permitting and building requirements. Subgrantee shall
engage such competent engineering, building, and other technical and professional assistance at all project sites as
may be needed to ensure that the project complies with the contract documents.
ARTICLE VL ReQuired Doeumeutalion. Reviews. and Insneclious. Subgrantee shall create and maintain
documentation of work performed and costs incurred on each project identified in a Project W orksbeel sufficient to
pennit a formal andit comporting with ordinary, customary and prudent public accounting requirements. Upon the
failure of Subgrantee to create and maintain such documentation, Grantee may terminate further fimding under this
Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with
any and all accrued interest.
A Subgrantee shaIJ submit the following documentation for Large Projects (the Large Project threshold for
this declaration is $55,5(0). which can be found at www.floridapa.org
I. Request for Reimbursement
2. A Summary of Documentation, much shall be supported by original documents such as contract
docmnents, invoices, purchase orders. and change orders~
3. A request for final inspection;
4. A signed Project Completion and CertiIlCation Report upon the completion of all projects; and
5. The ~ect Completion and Certification Report specified by Paragraph B of this Article.
B. For all projects, Subgrantee shaIJ state on the "Project Completion and Certification Report" that all work
was performed in accordance with this Agreement and the requirements in each Project WOIxsheet, and shall
state the date of completion.
C. Grantee will inspect Small Projects by random selection, and will cunduet the final inspections on Large
Projects, to ensure that all work has been performed within the scope of work specified on the Project
Worksbeets. Costs not within the approved scope of work shaIJ not be reimbursed.
ARTICLE VD. Cost SharinS!. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and
the nonfederal share sball be the remaining amount. Payment of all or a specified portion of the nonfederal share of
such costs is contingent upon a potential future Slate appropriation defining the apportionment of the nonfederal
share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of
Federal Regulations Part 206.228and do not require matching funds may also be funded by FEMA.
ARTICLE vm. PaVlDent of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A Grantee shaIJ disburse the federal and nonfedera1 shares of the eligible costs for Small Projects to
Subgnmtee as soon as practicable after execution of this Agreement and formal notification by the Federal
Emergency Management Agency of its approval of the pertinent Project Worksheet.
B. Grantee shaIJ reimbW'se Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee:
I. A Request for Reimbursement found at www.f1oridapa.org
2. A Summary of Documentstion shaIJ be supported by original documents such as contract
documents, invoices, purchase orders, and change orders and is also available at
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www.floridapa.org:; and,
3. A letter or notification certifying that the reported costs were incurred in the perfonnance of eligible
work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
I. Subgrantee shal1 certify to Grantee that Subgrantee has procedures in place to ensure that funds are
disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
2. Subgrantee shall submit to Grantee the bndget supporting the request;
3. Subgrantee shal1 submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures
Fonns which is also available at www.floridapa.org; and,
s. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal
Emergency Management Agency as often as practicable, and in any event not later than ten (to)
business days after the close of each calendar quarter.
D. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement
from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper.
ARTICLE IX. Final Pavment. Grantee shall disburse the fmal payment to Subgrantee upon the performance
of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the docwnentation specified in Articles VI and VIII of this Agreement;
C. In the case of Large Projects, the Grantee shall have performed the fmal inspection;
D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee,
or Grantee shal1 have perfonned a fmal inspection; and,
E. Subgrantee shal1 have requested fmal reimbursement.
ARTICLE X. Records Malntenanee. The funding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition to such other and
further requirements as may be imposed by operation of law:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 Code of Federal Regulations Part t3, as amended;
B. Office of Management and Budget Circular No. A-S?, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-II 0, "Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations," as amended; and
D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations,"
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as amended.
E. Subgrantee will maintain all docwnentation concerning the projects funded under this Agreement until
the occmrence of the following events, whichever is the later:
I. The completion of final inspection and final audit, and the ftnal resolution of any issues identified in
the same~ or,
2. The expiration of five (5) years from the date of disaster closeout W1der this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federnl Emergency
Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XL Reimbursement of Fund.. If upon fmal inspection, fmal audit, or other review by Grantee.
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee
W1der this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the swn by which the total
disbursements exceed the eligible costa within forty-ftve (45) days from the date Subgrantee is notified of sttCh
determination.
ARTICLE xn. Audit. Subgrantee sha1l submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public ACCOlDltant if its total expenditures of federal fmancial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A Subgrantee will conduct the audit in accordance with the following requirements:
I. The standards established by the Comptroller General of the United States, as specified in the
General AccolDlting Office Standards for Audit of Governmental Organizations, Programs,
Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of ~ 11.42, Florida Statute, and the Rules of the Auditor GeneraL
4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. ~~ 7501-
7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgranlee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (7) montha after the close of the fiscal year for Subgrantee
except where Grantee and Subgrantee have mutually agreed upon another date.
D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency may detennine necessary to detemtine the adequacy, accuracy, and reliability of the internal
procedures
Subgrantee baa in place to protect its assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
costs identified in an audit after such closeout
ARTICLE xm. NoneomDliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold
any disbursement otherwise due Subgrantee for the project with respect to wbieh the violation baa occurred until the
violation is cured or bas otherwise come to fmal resolution. If the violation is not cured, Grantee may terminate this
5
Agreement and invoke its remedies Wlder the Agreement as per Articles xvm and xxm of this Agreement.
ARTICLE XN. Nondi,erimination bv Contractors. Subgrantee shall tmdertake an active program of
nondiscrimination in its administration of disaster assistance tmder this Agreement, as per 44 Code Federal
Regu1atons Parts 7 and 16, and 44 Code ofFederal Regulations Part 206.36. Subgrantee shall also be subject to the
requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible
Contractors, in accordance with 44 Code of Federal Regulations Part 17.
ARTICLE XV. Modifieation. The time for perfonnance of this Agreement may be extended once tmless the
failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in writing, and shall take effect only upon
execution by both parties. Modifications to any Project Worksheet to be funded lDlder this Agreement may be
requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole
discretion of the Federal Emergency Management Agency. Any approved modifICation to a Project Worksbeet shall
be noted in an additional Project Worksbeet version for the project. If otherwise allowed lmder this Agreement, any
extension shall be in writing and shall be subject to the same tenns and conditions as those set out in the initial
Agreement.
ARTICLE XVL Time for Performance. Time shall be of the essence of this Agreement and of the
perfonnance of all conditions lDlder it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergeney Management Ageney, the time for the completion of
emergency work shall be six (6) montha from the date of the Presidential Declaration. For Large Projects the
Summary of DoctDllentation and the supporting doctDllents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the
Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from
the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency,
whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee.
Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied,
Subgrantee shall be reimbursed for eligible project costs incmred up to the latest approved date for timely
completion. Failure to complete any project will be adequate cause for the termination of funding for that project.
ARTICLE Xvn. Contracts With Other!. If the Subgrantee contracts with any other conttactor or vendor
for performance of all or any portion of the work required under this Agreement, the Suhgrantee shall incorporate
into its conttact with such conttactor or vendor an indemnifICation clause holding Grantee and Subgrantee harmless
from liability to third parties for claims asserted lDlder such contract.
ARTICLE xvm Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in ArIil:le XXV of this Agreement. Such termination shall take effect thirty (30)
days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Li.bilitv. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by ~ 768.28(5), Florida Statute, the Subgrantee shall be
solely responsible to any and all conttactors, vendors, and other parties with whom it contracts in performing this
Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence,
Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the perfonnance of this
Agreement, holding Grantee and Suhgrantee harmless from the same. Also:
A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
6
agent of the other, but that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by
third parties in connection with any matter arising from the performance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
are present in quantities within statutory and regulatory limitations, and do not require remedial action under
any federal. state or local legal requirements concerning such substances. Subgrantee further represents that
the presence of any such substance or any condition at the site caused by the presence of any such substance
shall be addressed in accordance with all applicable legal requirements.
ARTICLE xx. Reoorts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as
Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each
project, together with any other circwnstances that may affect the completion date, the scope of work, the project
costs, or any other factoI1l that may affect compliance with this Agreement. Interim inspections shall be scheduled
by Snbgrantee before the fmal inspection, and may be required by Grantee based on information supplied in the
Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional
reports requested by Grantee as soon as practicable. WIlh respect to the Request for Advance or Reimbursement,
the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public
Assistance Officer.
ARTICLE XXL Standard Condition.. Subgrantee agrees to the following conditioos:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida
Statute, and the disbursement to Grantee of federal funding in accordance with ~ 252.37(4), Florida Statute
B. Bills for fees or other compensation for services or expense' must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractor. or
subcon!ractol1l to allow public access to all documents, papel1l, letter. or other material subject to the
provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and
subcontractors in connection with this Agreement.
D. Subgranlee agrees that no funds disbnrsed to it under this Agreement will be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of
Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with
this Agreement or any modifications to this Agreement.
E. Subgrantee certifies that it possesses the legal authority to receive the fimds.
F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or
termination of funding under this Agreement, and may affect eligibility for fimding under future Subgrantee
Agreements.
G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with Section 112.061, Florida Statute
7
H. The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowing1y employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and NationaIity Act ("INA")].
The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the INA. Such violation by the Subgrantee oftbe employment provisions contained in Section
274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department.
I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime Of on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period of
36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42
U. S.C. Section 1210 1 et seo. ), if applicable, which prohibits discrimination by public and private entities on
the basis of disability in the areas of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
K. With respect to any Subgranlee which is not a local government or state agency, and whicb receives funds
under this Agreement from the federal government, by signing this Agreement, the Subgranlee certifies, to the
best of its knowledge and belief, that it and its principals:
I. are not presently debarred, suspended, proposed for dehannent, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a fwe-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining. attempting to obtain, or performing a public (federal, state or local) transaction or contract under
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enUDlerated in paragraph 20(h)2.
of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or defauh.
Where the Subgrantee is unable to certify to any of the statements in this certification, such
Subgranlee shall attach an explanation to this Agreement.
In addition, the Subgranlee shall submit to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Dehannent, Suspension, Ineligibility And Voluntary Exclusion" for each
prospective suheontractor which Subgranlee intends to fund under this Agreement. Such form must be
received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor.
L. The validity of this Agreement is subject to the truth and accuracy of ail the information,
representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent
submission or response to Department request., or in any submission or response to fulfill the requirements of
this Agreement, and such information, representations, and materials are incorporated by reference. The lack
of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days
Mitten notice to the Subgrantee, cause the termination of this Agreement and the release of the Department
from all its obligations to the Recipient.
M This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any
applicable statute or rule, or is otherwise unenforceable, then such provision shal1 be deemed null and void to
the extent of such conflict, and shall be deemed severable, but shalll10t invalidate any other provision of this
Agreement.
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N. The Recipient certifies, by its signature to this Agreement, that to the best ofbis or her
knowledge and belief:
I. No Federal appropriated funds bave been paid or will be paid, by or on bebalf of
the undersigned. to any person fOT influencing or attempting to influence an officer or employee of any agency.
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an offICer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal conlIact, grant, loan or cooperative agreement, the undersigned sball complete and submit
Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and conlIacts under grants,
loans, and cooperative agreements) and that all subrecipients sball certifY and disclose accordingly.
This certification is a material representation of fact upon which reliance was plaeed when this
transaction was made or enlened into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification sball be subjeclto a civil penalty of not less than $10,000 and not more than $100,000 for each such
faihn'e.
ARTICLE xxn. ItmL. This Agreement shall take effect upon its execution by both parties, and sball
terminate upon approval of closeout by the Federal Emergency Management Agency, wlless terminated earlier as
specified elsewhere in this Agreement. Subgrantee sball commence project(s) specified by this Agreement without
delay.
ARTICLE xxm. Events orDeranlt. Remedies. and Termination.
A Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement sball tenninate at the option of Grantee. Notwithstanding the preeeding
sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of
any one or more such events without waiving the right to exercise such remedies and without incurring liability
for further payment. Grantee may at its option terminate this Agreement and any and all funding under this
Agreement upon the occurrence of any one or more of the following:
I. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee bas breached any condition of this Agreement or any previous agreement with
Grantee and bas not cured in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
2. Subgrantee suffers any material adverse change in its fmancial condition while this Agreement is in
effect, as compared to its financial condition as represented in any reports or other doclDDents
submitted to Grantee, if Subgrantee bas not cured the condition within thirty (30) days after notice in
writing from Grantee;
3. Any reports required by this Agreement bave not been submitted to Grantee or have been submitted
with inaccurate, incomplete, or inadequate information~ or,
4. The monies necessary to fund this Agreement are unavai1abte due to any failure to appropriate or other
action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management
and Budget.
B. Upon the occwrence of anyone or more of the foregoing events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of
9
Subgrantee to cure. Grantee may exercise anyone Of more of the following remedies:
I. Terminate this Agreement upon not less than fIfteen (15) days notice of such termination by certified
letter to the Subgrantee at the address specified in Article XXV of this Agreemen~ such notice to take
effect when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment Of any portion of a payment otherwise due and payable
under this agreement or any other agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
c. Grantee may terminate this Agreement for any misrepresentation of material fact, fOf failure or non-
perfonnance of any Agreement condition or obligation, or for noncompliance with any applicable legal
requirement
D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be
addressed in accordance with the regulations of that Agency.
E. Upon the rescission, suapension or termination of this Agreemen~ the Subgrantee shall refund to Grantee
all funds disbUl1led to Subgrantee under this Agreement
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties ID it shall lie in Leon County, Slate of Florida.
G. Notwithstanding anything ID the contrary elsewhere in this Agreemen~ the rescission, suspension or
tennimtion of this Agreement by Grantee shall not relieve Subgrantee of liability ID Grantee for the restitution of
funds advanced ID Subgrantee under this Agreemen~ and Grantee may set off any such funds by withholding
future disbUf8ements otherwise due Subgrantee under this Agreement or any other Agreement until such time as
the exact amount of restitution due Grantee from Subgrantec is detennined. In the event the Federal Emergency
Management Agency should deobligate funds formerly allowed under this Agreement or under any other
Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such
funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from
funding otherwise due Subgrantee.
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Subgrantee:
City of Aventura
Disaster#: 1609
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out
fully in the text of the Agreement itself.
B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any,
the language of the Attachments sball be controlling, but only to the extent of such inconsistencies.
Note: All other grant administrative and electronic forms will be provided by Gnmtee as necessary or
posted on the Department of Emergency Management website: www.floridapa.org.
ARTICLE XXV. Notice and Contact. All notices tmder this Agreement shall be in writing and shall be
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
w. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 ShWllard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
Eric K. Soroka
City Mana2er
r..;t-y nf" Avpn""T1T~
19200 West Country Club Drive
AViPn....uT.::I. "FlnT;"~ 1.1.1R.O
ARTICLE XXVI nesbmation of Aszent. Subgrantee hereby designates Harry Xi ll:ore
as its primary agent, and designates Martin Sherwood as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or other necC8SllI)' documentation.
IN WITNESS HEREOF, the Gnmtee and Subgrantee have execured this Agreement:
FOR THE GRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
FOR THE SUBGRANTEE:
Eric K. Soroka
(Printed Name)
(Signed Name)
W. Craig Fugate, Director
Division of Emergency Management
r.i,..y M;m::llgPT
(Title)
(Date)
Public Assistance Prol1J"arn
(Date)
/\'i n/\/\?/\I'i
Federal Employer Identification Number (FEIN)
11
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AICP
Planning Director
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
DATE: December 28,2005
SUBJECT: Request of Merco Group at Aventura Landings I, Inc.
for Final Plat Approval Merco at Aventura (05-SUB-05)
January 10, 2006 City Commission Meeting Agenda Item ~ * 6
RECOMMENDATION
It is recommended that the City Commission approve the "Merco at Aventura"
Final Plat.
THE REQUEST
The applicant, Merco Group at Aventura Landings I, Inc., is requesting Final Plat
approval of the subject property with the intent of subdividing a portion of the
Southwest Y. of Section 3, Township 52 South, Range 42 East to create three
large parcels and the right-of-way for the future extension of Miami Gardens
Drive for the purpose of developing two residential buildings, fee simple
town homes, a clubhouse and other recreational facilities (See Exhibit #1 for
Letter of Intent).
BACKGROUND
OWNER OF PROPERTY
LOCA liON OF PROPERTY
Merco Group at Aventura Landings I, Inc.
Merco Group at Aventura Landings II, Inc.
Merco Group at Aventura Landings III, Inc.
Both sides of NE 28th Court at NE 18Sth Street
(See Exhibit #2 for Location Map)
SIZE OF PROPERTY
Approximately 8.37 gross acres
LEGAL DESCRIPTION
A subdivision of a portion of the Southwest Y-
of Section 3, Township 52 South, Range 42
East, Miami-Dade County, Florida, lying and
being in the City of Aventura, Miami-Dade
County, Florida (See Exhibit #3 for full legal
description)
DESCRIPTION
The applicant proposes to subdivide land to create three parcels and dedicate
public right-of-way for the future extension of Miami Gardens Drive. This Final
Plat is for the purpose of creating three parcels consisting of 1.93 acres on the
north side of Miami Gardens Drive and two parcels south of Miami Gardens Drive
which are 1.68 acres (east parcel) and 4.76 acres (west parcel) respectively. The
Final Plat will also dedicate 70' of right-of-way for Miami Gardens Drive extension
and incorporate a vacated portion of NE 28th Court. The applicant obtained
Administrative Site Plan Approval on January 27,2004. The approval was for the
development of one 17 to 19 story residential building on the north side of Miami
Gardens Drive consisting of 205 units; one 11 to 13 story loft-style building on the
south side of Miami Gardens Drive consisting of 138 units; and 62 three-story
townhome units also on the south side of Miami Gardens Drive. A portion of NE
28th Court was vacated and made part of the overall development.
On March 24, 2005, the City approved the tentative plat for the site. The
tentative plat was approved, with standard conditions, by Miami-Dade County on
April 29, 2005.
ANALYSIS
Site Plan - The final plat submitted for approval conforms with the approved
tentative plat.
Zoning - The site is zoned RMF4, Multi-Family High Density Residential District,
according to the City of Aventura Zoning Map. The proposed residential
development is in compliance with the RMF4 District.
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential. The proposed
residential development is in compliance with this land use designation.
Access - The site may be accessed from the public roads, Miami Gardens Drive
and NE 28th Court.
2
FORD, ARMENTEROS & MAN U CY, INC.
Via Hand Deliverv
October 11, 2005
Ms. Joanne Carr
Planning Director
Department of Community Development
19200 West Country Club Drive
Fourth Floor
Aventura. FL 33180
RECEIVED
OCT 1 3 2005
COMMUNITY DEVELOPMENT
Re: Merco at Aventura - Final Plat - Letter of Intent
Dear Ms. Carr:
This letter will serve as our Letter of Intent regarding the above-referenced matter.
On behalf of the Applicant and Owners, Merco Group at Aventura Landings I, Inc., we
are hereby seeking approval of a Final Plat for the subject property. The subject
property, located on both sides of NE 28th Court at NE 185th Street, is zoned RMF4
and primarily consists of three tracts and an adjacent dedicated public right-of-way (a
portion of N.E. 28th Court), was vacated and made part of the overall development
parcel.
The subject property shall be developed with two Multi-Family, apartment buildings
Fee Simple Residential Townhomes, a clubhouse and other recreational facilities for
the future residents, ingress/egress areas and common open spaces in accordance
with site plans and road closure plans previously approved by the City of Aventura
City Council. Under this Final Plat application, we shall abide by any and all
conditions previously approved by the City of Aventura.
We respectfully request you department's favorable review and recommendation of
this application. Should you have any questions of require additional information, do
not hesitate to contact me.
Thank you for your staff's usu courtesy and cooperation.
~f1eIY' .
6thiB M. Cald ilia
or ~evelop~ent Consultant
For The Firm
Cc: Chuck Rullan
Q:\FORD COMPANIES\Engineering & Surveying\Consulting\Final Plat submittal\Merco at Aventura- Tplat Letter of Intent.doc
1950 NW 94th AVENUE. 2nd FLOOR. MIAMI, FLORIDA 33172. PHONE: 305.477 .6472 . FAX: 305.470.2805
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EXHIBIT #1
05-SUB-05
BROWARD COUNTY
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EXHIBIT #2
05-SUB-05
Tract "A"
The North 310.86 feet, of the following described property:
A portion of the Southwest 1/4, of Fractional Section 3, Township 52 South,
Range 42 East, Miami-Dade County, Florida, being more particularly
described as follows:
Begin at the Southwest comer of the Northwest 1/4, of the Southeast 1/4, of
the Southwest 1/4, of said Fractional Section 3; thence
N89deg59min26secW, along the South line of the Northeast 1/4, of the
Southwest 1/4, of the Southwest 1/4, of said Section 3, for 80.21 feet; thence
NOOdegOlmin45secE for 310.86 feet to a point on a curve (said point bears
SOOdeg08min15secW from the radius point of the next described circular
curve); thence Southeasterly, along a circular curve to the left (concave to
the Northeast), having a radius of 694.69 feet and a central angle of
00deg06min30sec for an arc distance of 1.31 feet to a point of tangency;
thence S89deg58min15secE, along a line parallel with and 20.00 feet South
of as measured at right angle to the North line of the South 1/2, of the
Northwest 1/4 of the Southeast 1/4, of the Southwest 1/4, of said Section 3,
for 431.94 feet; thence SOOdegOOmin45secW, along the Westerly Right-of-
Way line ofN.E. 28th Court and its Southerly prolongation as recorded in
Official Records Book 6088, Page 160 of the Public Records of Miami-Dade
County, Florida, for 760.62 feet; thence N89deg59min25secW, along it line
parallel with and 449.91 feet South of, as measured at right angles to the
North line of the Southwest 1/4, of the Southwest 1/4, of the Southwest 1/4,
of said Section 3, for 346.87 feet; thence NOOdeg46min52secW, along the
East line of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for
449.95 feet to the POINT OF BEGINNING, lying and being in Miami-
Dade County, Florida.
Tract "B"
The South 449.91 feet, of the following described property:
A portion of the Southwest 1/4 of Fractional Section 3, Township 52 South,
Range 42 East, Miami-Dade County, Florida, being more particularly
described as follows:
EXHIBIT #3
05-SUB-05
Begin at the Southwest comer of the Northwest 1/4 of the Southeast 1/4 of
the Southwest 1/4 of said Fractional Section 3; thence
NS9deg59min25secW, along the South line of the Northeast 1/4 of the
Southwest 1/4 of the Southwest l/4, of said Section 3, for SO.21 feet;
thence NOOdegOlmin45secE for 310.S6 feet to a point on a curve (said
point bears SOOdegOSminl5secW from the radius point of the next
described circular curve); thence Southeasterly, along a circular curve to
the left (concave to the Northeast), having a radius of 694.69 feet and a
central angle of 00deg06min30sec for an arc distance of 1.31 feet to a
point of tangency; thence SS9deg5Sminl5secE, along a line parallel with
and 20.00 feet South of as measured at right angles to, the North line of the
South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4
of said Section 3, for 431.94 feet; thence SOOdegOOmin45secW, along the
Westerly Right-of-Way line of N.E. 2Sth Court and its Southerly
prolongation as recorded in (Official Records Book 6088, Page 160 of the
Public Records of Miami-Dade County, Florida, for 760.62 feet; thence
N89deg59min25secW, along a line parallel with and 449.91 feet South
of, as measured at right angles to the North line of the Southwest 1/4 of the
Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87 feet;
thence NOOdeg46min52secW, along the East line of the Southwest 1/4 of
the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF
BEGINNING, lying and being in Miami-Dade County, Florida.
Tract "c"
A portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42
East, Miami-Dade County, Florida, being more particularly described as
follows:
Commence at the Northwest comer of the East 1/2 of the Southwest 1/4 of
the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence
run S89deg59min25secE along the North boundary of the East 1/2 of the
Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said
Fractional Section 3, a distance of 90.17 feet to the point of intersection
with East Right-of-Way boundary of Northeast 28th Court as described in
that certain Right-of-Way Deed to Dade County, filed on September 10,
1968, in Official Records Book 6088, Page 160 of the Public Records of
Miami-Dade County, Florida, being the POINT OF BEGINNING of the
parcel of land hereinafter to be described; thence run SOOdegOOmin45secW
along the aforesaid described line, a distance of 361.28 feet to the point of
intersection with a line that is 300.00 feet North of and parallel to the South
boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of said Fractional Section 3; thence run
N89deg57min54secE along the' last described line, a distance of 200.28
feet to a point, said point being 46.75 feet West of the East boundary of
the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said
Fractional 3; thence run NOOdegOOmin45secE along a line that is
200.28 feet East of and parallel to the said East boundary of Northeast
28th Court, a distance of 361.18 feet to the point of intersection with the
North boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest
1/4 of said Fractional Section 3; thence run N89deg59min25secW along
the last described line, a distance of 200.28 feet to the POINT OF
BEGINNING.
And
That portion of a 70.00 feet wide Right-of-Way for NE 28th Court as
described in Official Records Book 6068, at Page 160 and Page 162 of the
Public Records of Miami-Dade County, Florida, lying South of the North
line of the East Yz, of the Southwest v., of the Southeast v., of the Southwest
v., of Section 3, Township 52 South, Range 42 East City of Aventura,
Miami-Dade County, Florida.
ALSO KNOWN AS:
A portion of the East Yz of the Southwest v., of the Southeast v., of the
Southwest V. of Fractional Section 3, Township 52 South, Range 42 East,
Miami-Dade County, Florida being more particularly described as follows:
Commence at the Northwest corner of the East Yz of the Southwest v., of the
Southeast v., of the Southwest v., of said Section 3, then S
89deg59min25secE, along the North Line of the East Yz, of the Southwest v.,
of the Southeast v., of the Southwest v., of said Section 3, for a distance of
20.17 feet to its intersection with the West Right-of-Way Line of Northeast
28th Court, as described in that certain Right-of-Way Deed to Miami-Dade
County, filed on September 10, 1968, in Official Records Book 6088, Page
160 and 162 of the Public Records of Miami-Dade County, Florida, said
point also being the POINT OF BEGINNING of the hereinafter described
Parcel of Land; thence continue S 89deg59min25secE, along the last
described line, a distance of 70.00 feet to its intersection with East Right-of-
Way Line of said Northeast 28thCourt; then S 00degOlmin45secW, along
said East Right-of-Way Line of Northeast 28th Court, for 361.33 feet; thence
S89deg57min54secW for 35.00 feet; thence SOOdegOlmin45secW, along the
centerline of said Northeast 28th Court for 52.76 feet; thence N
89deg59min25secW for a distance of 17.92 feet; thence S
00degOlmin45secW for a distance of 13.84 feet; thence N
89deg59min25secW for a distance of 17.08 feet to its intersection with said
West Right-of-Way Line of Northeast 28th Court; thence
NOOdegOlmin45secE, along said West Right-of-Way Line of Northeast 28th
Court for 427.95 feet to the POINT OF BEGINNING.
Containing 9.00 Acres more or less.
LESS (Dedicated Right-of-Way)
A Portion of the Southwest \14, of Section 3, Township 52 South, Range 42
East, Miami-Dade County, Florida, being more particularly described as
follows:
COMMENCE at the Northwest Comer of the East \1" of the Southwest \14, of
the Southeast \14, of the Southwest \14, of said Section 3, thence S
89deg59min26secE, along the North Line of the Southwest \14, of the
Southeast \14, of the Southwest \14, of said Section 3, for 20.17 feet to the
POINT OF BEGINNING of the hereinafter described Parcel of Land:
thence N 00degOlmin45secE, along the West Right-of-Way Line of N.E.,
28th Court as described in Official Records Book 6088, at Page 162 of the
Public Records of Miami-Dade County, Florida, for 95.75 feet to a point of
cusp of a circular curve to the right, concave to the Northwest; thence
Southerly, Southwesterly and Westerly along the arc of said curve, having
for its elements a radius of 25.00 feet, through a central angle of
92deg42min27sec for an arc distance of 40.45 feet to a point of compound
curvature of a circular curve to the right, concave to the Northeast; thence
Westerly and Northwesterly along the arc of said curve, having for its
elements a radius of 738.00 feet, through a central angle of 23deg06min37
sec for an arc distance of 297.67 feet to a point of tangency; thence
N64deg09minllsecW for 100.03 feet to a point of curvature of a circular
curve to the left, concave to the Southwest; thence Northwesterly along the
arc of said curve, having for its elements a radius of 935.00 feet, through a
central angle of 2deg03min28sec for an arc distance of 33.58 feet to the
Southeast corner of Tract "D", of BISCA YNE COMMERCIAL, according
to the Plat thereof, as recorded in Plat Book 143, at Page 38, of the Public
Records of Miami-Dade County, Florida; thence S 00degOlmin45secW for
77.09 feet; thence S64deg09minllsecE for 100.03 feet to a point of
curvature of a circular curve to the left, concave to the Northeast; thence
Southeasterly and Easterly along the arc of said curve, having for its
elements a radius of 808.00 feet, through a central angle of 25
deg212min08sec for an arc distance of 355.41 feet to the POINT OF
BEGINNING.
F:\Documents\Barbara\ClientName\Meruelo, Homero\MercoGroupAt Aventura\Legal Descr Merco At AventuraFORD 11210S.doc
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING MERCO AT
AVENTURA FINAL PLAT, BEING A SUBDIVISION OF A
PORTION OF THE SOUTHWEST 1/4 OF SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE
COUNTY, FLORIDA, LYING AND BEING IN THE CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Merco Group at Aventura Landings I, Inc., by and
through Application No. 05-SUB-05, has requested Final Plat approval for Merco at
Aventura, being a subdivision of a portion of the Southwest Y. of Section 3, Township
52 South, Range 42 East, Miami-Dade County, Florida, lying and being in the City of
Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by
reference and made a part of this Resolution as Exhibit #1; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best interests of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Merco at Aventura, more particularly
described as:
--~.._.._~~-_..~-----------_.._-----._--
Resolution No. 2006-_
Page 2
A subdivision of a portion of the Southwest Yo of Section 3, Township 52
South, Range 42 East, Miami-Dade County, Florida, lying and being in the
City of Aventura, Miami-Dade County, Florida more particularly described
in Exhibit #2 to this resolution,
Is hereby, granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, 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. 2006-
Page 3
PASSED AND ADOPTED this 10th day of January, 2006.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
CITY CLERK
APPROVED ~UFFICIENCY
ft .
City Attorney
This Resolution was filed in the Office of the City Clerk this _ day of January, 2006.
CITY CLERK
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CITY OF AVENTURA
WAIVER OF RIGHT TO QUASI-JUDICIAL HEARING
Plat Application No. 60 - Su 3 - 0'::>
Date 1:2/ :2..7 /05
.
I, IlAIfPJ/IO :r. C~O. ~ as authorized agent for, or owner
of the property which Is the subject of the above plat application, hereby waive
my right to a quasi-judicial hearing before the Aventura City Commission when
the application is heard by the City Commission. I unders~nd and agree that by
Waiving this right, the City Commission may place the plat appHcaUon on its
consent agenda and thereby consider the application without a public hearing. I
also understand and agree that Upon request by a member of the Commission,
the City Manager, or any member of the public in attendance at the Commission
meeting where it will be heard, the application may be removed from the consent
agenda and be heard as a separ'lte item and subject to a PUblic hearing. In that
case, I understand that I Will have the right to be heard when the application item
is discussed, With the hearing subject to the QuaSi-Judicial procedUres established
in Chapter 34, Article II, 'Quasi-Judicial Matters' of the City Code.
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APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative
Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for
the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the
application (if different) hereby lists and identifies all persons representing the individual or entity applying for the
Developmenl Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys. Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Surveyor / Land Planer
Senior Deyelopment Consultant
Surveyor
Surveyor
Attorney
Attorney
(Attach Additional Sheets If Necessary)
Omar Armenteros
Cynthia Caldeyilla
Edwin Fernandez
Ricardo Rodriquez
Louis D. Zaretsky
Melissa Tapanes L1ahuas
NOTICE:
ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY
APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY.
APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT
TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY
CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY
BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECO
INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS..1!l.-.- DAY OF
APPLICANT:
By:
By:
(Signature)
Name: Cynthia Caldevilla
(Print)
Titte: Senior Development Consultant
Name: Homero Meru"o
(Print)
Title: President of Merca Group at Aventura LandinQs I. Inc.
Address: 1950 NW 94Th Avenue
Address 18400 NE 28Th Court
Miami. Florida 33172
Mentura. Florida 33160
SWORN TO AND SUBSCRIBED BEFORE ME this
~..'~ JULlAA.MURILLO
~ MYCQMMlSSION# 000'7""
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"'1' OF rr.~'" EXPIRES: Decernbff!l, 20QS
1-8CK).3.-NQTARY FlNoCaly~,~.IOC
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BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby dis-
closes that: (mark with 'x' applicable portions only)
[ X ] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presenled.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total
assets or capital stock of Applicant or Representative;
[] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a
corporation which are not listed on any national or regional stock exchange) or joint venturer
with the Applicant or Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a
Client of another professional working from the same office or for the same employer as the
member of the City Commission or Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or
Board (or of his or her employer) and transacts more than $10,000.00 of the business of the
member of the City Commission or Board (or his or her employer) in a given calendar year;
ember of the City Commission or Board is a Customer of the Applicant or
Rep' esentative and transacts more than $25,000.00 of the business of the Applicant
or epresentative in a given calendar year.
O'-uAY OF (!)~ ,2005
By:
Name: Homero Me
Title: as President
(Signature)
(Print)
DAY OF
(Print)
,200_.
By:
Name:
Title:
(Signature)
(Print)
(Print)
H Merco Group at Aventura Landings I, Inc.
Merco Group at Aventura Landings II, Inc.
Merco Group at Aventura Landings III, Inc.
'The tenns "Business Relationship,' 'Client,' 'Customer,' 'Applicant,' 'Representative' and 'Interested Person' are defined in
Section 2-395 of the Aventura City Cooe.
NOTARIZATION PROVISION
- -~.",~...._-,.~- -_. ---
--, -. -- --
From 3054663277
-- ----_.
Page 4/6 _9ato_12/1:",,-00525224 PM
BUSINESS RELATIONSHIP AFFIDAVIT"
of OY)"Q rL ,u e..IV'C:-N-f e tr OS;
ThIS Affidavit b made pun..an! to Section 31.71(b)(2)(rl) of1he City 01 Avenwlll Land Development COde The und...igned AIf"n! her.by
discloses lItot (marK WitI1 'x" applicable Porti""" only)
tf.
Affiant does !!9! heve it Business Relationship with any member of the City Commission or any Cily A<lviS<>'}'
ao.rd ill whicl1the application will be P""'eI1f8d.
r ) 2.
Affiant hereby disclos<J. lItat it does have a Busines. Relation.hip with a member of the Cily Comi.sion or a
City Advisory Board to whicl1lhe epplioation will be Plll$enled, ao follows;
(List name of Comm~.ioner or Advi.ory Board Member) who '0111" on tho
(list City Commis.ion or Cily Advisory Board upon which m..mer
0011180)
The nature of lit. Business Relationship i. a. follows;
fJ i. Member of City Commi..ion or Board hol<l. an _"",hip intersot in .xce.. of 1 % of lolal ....ts or
capilel .tock of Applicant or Rap/llSOOlalive;
[ J ii. Member of City Commis.ion or Boclrd is a partner, ""'"h_oIder (e. to .hare. of a COIJlOI'8tion
which are not lioied on any national or regional sleek exd)ang.) or joint venturer with !he Applicant or
Represllllieliv. in any busin... venwre;
I) vi. The member of th. Cily Comminion or Board is a Cusillmer of th. Applicant or Repr...ntallve and
lransocto more than $25,000.00 af lit. bu.in... of lit. Applicant Or Repreoenlallve In 0 given
calendar year.
WITNESS MY HAND THIS ~DAYOF ()c;ro~ ,20OS
APPLICANT:
rJ iii. The Appilcant or Rep....entative is a Client of a memb... of the Cily Commission or Board or. Client
of another profesSional WOrldng from tho same olfice or for the same employvr aath. member of the
City Commission or Boord;
I) N. A Cily CommiSSioner or Board member i.. Client of th. Applicant or Reprooenlallve;
lJ v. The Applicant or Rapr..entative b a Cu.tomer of the member of the Cily Commission or Board (or of
hi, or her employer) and lransac'" more than $10,000.00 or lh. bu.in..s af the member of the City
Commioeion or Board (or hill or her ampioyer) in a giv.n calend..- year;
By;
Name:
rilla;
(SignelJJto)
(Print)
(Print)
WITNESS MY HAND THIS ~ DAY OF
PROPERTY OWNER:
,200_.
By:
Name:
Title;
(Slgnll/ure)
(Print)
(Print)
'The terms 'Busina.. Re/.oo"ohip.' "Client,. 'Customer,' "AppUc/lf1f,' 'Repl8.enta/Ne' and 1f1teresIM Porson' are defined in
SecGon 2-.395 o/th. A..n/unt CityCorie.
From 3054663277
.- '----.
Page 416 _pate_12Jb,{OOS2S224 PM
8..<"
. t..
'\ .<j
~"",,..';o..,.....
BUSINESS ij,ELATJONS/ilP ~f~IDAYlT"
0-1 (''if~h~ ('14~( fltl
,
ThIS Affidavit is made pureuant 10 Section a1-71(b)(2)(ii) of ~e City of AyenltJra Land Development Code
discloses that (mar1< with 'x" applicable pOl1ion. only)
tx!
Affi""l does !lQ.! have a Business Relationship with any member of the City Commi.sion or any City Advisory
Board 10 which lI1e application will be pre'BIlled.
The undersigned Affiant hereby
r J 2. Affient hereby disc/OS$$ that "doe. have a BLlSi.,.." Relationahip with a member of lt1e CIIy Convnission or a
City Adviaory Board to which the application will be P"eoled, a. follows:
(liat name of Commissioner or Adyi.ory Board Mamber) who aerves on the
(list City Commis.ion or Cily Advi.ory Board upon which member
s.rves).
Th. nalure of tho Bu.iness Relalion.hip is asfol\ows:
[ ]i. Memb", of City Conmssion or Board hold. an OWr>enihip intereotin ax""",, of 1 % of total ....m or
capital stock of Applicant or Represeotatiye;
[ 1 ii. Member of City Commis.ion a Board is a partner, -haRlholder (as to share. of e ClllJl<lI'afion
Ilhich alll not Iislsd on any national or regional .lock eXchango) or joint venlurer with lI1e Applicant or
Rep""'enlative in eny busin... venture;
I J vi. The member of the City Commission or Board is a Cuslomer of the Applicant or Repre.entalive an d
lransacts mom than $25,000.00 of the bualness of the Applicant Or Roprvaentalive ,n . given
calendsr year.
WITNESSMYHANDTHIS~DAYOF {)G'To~ ,20oj
APPLICANT:
( J iii, The Applicant or Representative is a Client of a member of th. City Commission or Board or e Client
0( aoother Pm!essionaJ wor1<ing from the .ame ob Of for the eeme employer ae the member of the
City Commisoion or Boerd;
I J IV. A Cily Commissioner or Board mamber ie e Cli<lnt of tho Applicant or Rep"",entalive;
II v, The Applicant or Repreoeolative ~ e Cu.1orner of 1l1. mamber of the City Commisoion or Board (or 0(
hi. or her employer) end Iransael1l more then $10,000.00 of 1fte buein... of the member of the Cily
Commission or Board (or his a her employer) in a given oeIender yoa"
By:
Name:
Ti1le:
(Signstull)
(Print)
(Print)
WITNESS MY HAND THIS ~ DAY OF
PROPERTY OWNER:
,200_.
By:
Name:
TitIo:_
(SlgnBtvre)
(Print)
(Print)
"Th_ to_ "&sine.. RelMion.hip, . "Client,' "O/J$/o-.' 'ApplicBt/t" "R_p"'_nf_" snd "'rrte",_ Person' .11 defined in
Seclioo 2--395 otth. AlIOntum City Cc<ie.
.., ...-......-
- _. - - - ~ --
_ fro_,,!_ ~054663277
Page 4/6 _pate_12/1"',!.00525224 PM
BUSINE~ RELATIONSHIP AFFIDAVIT"
0).- U'-LJI'-i Rvr'Lwdez....
ThIS Affidavit is mada pu,,"ant k> Section 31.7111>)(2)(il) otihe City of Aventura Land Develop....nt Code
disclo... ttoot; (mar1< with 'x' applicable pon;"". only)
,/
f!'\
Affiant does !lQ.! hava a Bu.ine$$ Relationship with any member of the City CommissiO!l or any City Advisory
Board In whicl1lhe application will ba presented.
The "ndorslgned Arrant hereby
r ] 2. Affiant heroby disc!oset 1I1at it doe, have a Business Ralati""ship with a momber of the CIIy Commission or a
City Advisory Board to which the application wlll be PAl$enlad, a. follows;
(li.t name of Commission.r or Advisory Board Member) who serves on the
(list City Commission or Cily Advisory Soard upon which member
serves).
The nature of the Business R.lationship is as foilows;
[ ] i. Member of City CommlS.ion or Board I1oid_ an own"'hip inIllrest in ax"".. of 1 % ot to1lll a"a.. or
capital Stook of Appiicant or Rep_lawe;
r J ii. Member of City Commission IJ' Board is a partner, oo.<<halllholder (as to _hares of a COIpOration
which are not listed on any national or ",gional_lock eXchange) or joint "entu..r with Ihe Applicant or
Representative in any busi.... venture;
I J \i1. The member of the City Commission or Board is a Cu.tomer of the Applicant or Representative and
transacts morn than $25,000.00 of the business of lI1e Applican! or Rep""entative In . given
calendar year.
WITNESS MYHAND THiS J.<L DAYOF Ocrc&::IL ,2002
APPLICANT:
[ ] iii. The Applicant or R.p....entative is a Client of a member of ttoe City Commission or Soard or e Clien!
of another P""",siona' worl<ing from the 'arno ob or for the same employer aa the memba' of the
City Commission or Boord;
I J ~. A City C<lmmissioner or Boord member;s a Client of !h. Applicant or Repreoenletive:
II v. Tha Applicant or Reprooentalive is a CUslornerofthe memborofthe City Commission orBoerd (or of
hi. or her8ll1ployer) and lnlnsacia more ttoan $10,000.00 of the buaines. of the memborof the City
CommissiOn or Board (or hit IJ' heremp\oyar) in a given calendaryoar;
By;
Name:
Title;
(Signsluro)
(Printj
(Print)
WITNESS MY HAND THIS ~ DAY OF
PROPERTY OWNER:
200_.
By:
Name:
Title:
(Signll/ure)
(Printj
(Print)
711. terms 'Buoine." Relllfionship,. "CIionf,' "CUSfomer;' "Appliellfll,' "Rep",s.ntal/ve' and 'Interested Po",on' are defined in
Section 2-395 of the AlIOntu", City Code.
.....'.,..,..
. t-..
'\' - ~
~~'~'6>~
----~.__.~-- _.
. ~ro_,,!_ ~054663277
Page 4/6 _pateJ2Jlol{OO525224 PM
BU.sIN,ESS RI;,LAII,ONSHIP AFFIDAVIT"
0'- 01(V/0'O i<q)eI3U.~2-
ThIS Affidavit ~ made purn"ant to Section 31-711b)(2)(li} of ihe City of Av.ntura Land Develop""nt COde The undersigned Aff..n! her.by
disclos.s tn.t (marl< wi1!l ... applicable Pot1ion. only)
~/[! 1. AfliMt does!!Q,! have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the applicafioo will be pre'OIlted.
f J 2. Affiant h....by discloses that it does have a BllSinos. Relation'hip with a "",mber of lt1e City Corrrnission or a
City Adviaory Board to which !he .ppNcalion WIll be P",*enlsd, as follows;
The member of the City Commission or Board is a Customer of the Applicant or Representativ. and
lrMsoclS mom than $25,000.00 of the business of the Applioant Or R.presentative In . given
calendar year.
WITNESSMYHANDTHIS~DAYOF Cc:rofV~ ,2005
!J"'
lJv.
11 vi
APPLICANT:
By;
Name:
Title;
(list name of Commissioner or Advisory Board Member) who SOlVes on the
(list City Commission 01' City Advisory Board upon which member
s.rvOS).
The nalure of tho Business R.lalionship Is as tollows;
lJi.
Memb... OfCily CommIssion or Board holds an owr>enih/p inter&st in excess of 1% of Iolai ....ts or
capital slook of Applicant or Rep_lative;
Member of City COIllmission or Board is a partner, ~areholder (ea to Shares of . COIpOrafioo
which are noll~led on any nallonal or rogional'''''k eXchang.) or joint Yenlu,.r witnlhe Applicant Of
Rep""',,"lalive in any bus/n... venlura;
The Applicant or R.presentative is a Client of a member of Ill. City Commission or Board or. Client
of another professional working from the same office or for Ih. '.me employ.r a, the member of !he
Cily Commission or Board;
A City Commissioner or Board memb.r is e Client of th. Applicant or Repres.ntative;
The Appiicanl or Reproeenlative is a Cu.tomer of!he member 01 tn. Cily Commission or Board (or of
hi. or her employer) .nd lransacts more lIl.n $10,000.00 of !he busin..s of Ill. member of Ill. City
Commission or Board (or hit or her Illl1ployar) in . given ce/enda- year;
[Iii
fI iii.
(SlgnstJJte)
(Print)
(Print)
WITNESS MY HAND THIS ~ DAY OF
PROPERTY OWNER:
By
Name;
TitIo;_
200_.
(SIgnBture)
(Print)
(Prinf)
'The termo 'Busine$< RellJIkJnship,' "Client,' 'Cuslorner,' 'Applicont,. "Rep"..n/atM" 8nd "'rrIemtod ""rson" .re defined in
Section 2-395 offh. Aven/uro CiI;y Code.
-,._~_..-....-.........._......_-
_ fro_l1,l_ ~054663277
Page: 4/6 _pate:.121b,{OOS2.5224 PM
..,,".
1.. .
,;~~~~.,
BUSINESS RJiLATIONSHIP AFFID.AV1r
oJ-- L.ooAl5:, '2.1~~
This Affidavit is made pu",ua~t b Section 31.71(b)(2)(ii) ofjhe City of Aventu"lland Development Code. The undersigned Affiant hereby
discloses tltat: (!Jl"r1< WitI1 'x" applicable POltion. only)
1\5'1. Affiant does !!Q! have a 8usi~eos Relationship with a~y member of the City Commis.ion Of any City Advisory
Soard 10 whicli Ihe application will be pl'Il$ented.
[ ] 2. Affient hereby disclOS$. that ~ does have a Business Relation.hip wnh a member of the City Comiasion or a
city Advioory Board tQ which the epplication will be prosen/ed, a. follows;
(Li.t name of COmmis.ioner or Advi8O!)l &ard Member) who 'erves on the
(Li.t City COlllm~.ion or City Advisory Board upon which member
serves).
The nature of tho Business Relalion.hip i. as follows;
rJ i. Member of City Commission or Board hold. an ownership interest in .'00" of 1% of k>taI....ts Of
capilal slock of Applicant or Repi'tlsef1taUve;
r 1 ii. M/lrnbor of City Comm~.ion ex Board ;, a partner, -h~oIder (as to .hare. of . COIpOI'ation
which are not lislsd on any national or regional.lock eXcI1ang.) or joint venturer wi1l1 Ihe Applicant or
Repreoenla1ivo in any busin"", venture;
[ ] iii. The Applicant or Rep....entativ. is a Client of a member of the City Commission or Board or a Cllont
of anolh... Pnlfessional WOr1<ing from the .ame office or lor Ihe same amployer as lf1e member of Ih.
City Coonrnission or Board;
rJ w. A City Commission.r or Board member i. a Client of the Applicant or Represenlativ.;
( ) v. The Applicant or Reprooentative is a Cu.1omer of lf1e member of 1I1e City COmmis.ion or Board (or of
hi. or hSf employer) and transaclo more lf1an $10,000.00 of tlta bu.in..s of tit. member of 1f1. City
Commission or Board (or his or h... omployer) in a give~ ce/enda,- year;
11 vi The member of Ih. City COmmi.sion or Board is a Cusl:lmer of the Applicant or Repre8<!ntalive and
transacts more than 525.000.00 of lf1e business of the Applican! Or R.P.....nlalive In a given
calendar year.
WITNESSMYHANDTHiS~DAYOF ocrOf'<""12. ,2ooS
APPUCANr;
By;
Name:
Ti1Ie;
(Signstuf1J;
(Prinfj
(Print)
WITNESS MY HAND THIS ~ DAY OF
PROPERTY OWNER:
200_.
By:
Name:
Title;
(Slgnfl/ure)
(Prinr)
(Prinf)
'The Ie"". "8usine~ Relation.hip, . "Client,' 'Customer,' "App1icllf/t" "Repre'en/afive" SlId '/nforeoted Person' .re defin.d in
Section 2-395 of/h. "...ntu/lt City Code.
-'--_"''''_.k_,___~_ _.
- -, - - - - --
From. 3054663277
-- ------
Page: 4/6 _ pateJ2JL'~OOS2:5224 PM
BUSINES,S Rr;LATlCWSHIP AFFI.oAVIP
o.c.- l\\.ei\:::8-, \ ~'\PAf""'A5 UqhtA6
Thi. Affidavit is mad$ purnuant to SOCD0Il31.71(b){2)m) otitle City of Avenlura Land DEvelop""nt Code. The undorsigned Aff"nt hereby
disclose. 1ft~t (marl< will1 'x' applicable potiionv only)
N( Affiant does 1lQ! h~ve a Buvin... Rlllationship wilh any member of lh$ City Commisvion or any City AdviS<>y
Soerd In Which lI1e appiioation will be Presllllled.
[ J 2. Affi.nt hereby disc/OS$ that n does have a Business Relationvhip with a member of the CIIy Corrrnission or a
city Advivory Board to Which the epplication will be P_led, as follows:
(Livt name of Commisvioner or Advivory Bo.rd Member) who 'eNes 011 the
(Li,t City Commis.ion or City Advisory Board upon which member
aervSS).
The nalure of 1I1e Busin... Relation'hip i, ~, follows:
[1 i. Member of City CommISsion 01' Board holdv an OWnernhip interest in ex","" ot 1% of Iotal ....IB 01'
capitai.tock of Applicant or Rop_lalive;
[ J ii. Member of City COI1lInisvion 01' Boord is a pal1ner. """'hlllWJolder (.v to 8halll. of e COIJl<lI'ation
Which are not lialed on any nation.1 or "'gional'lock eXchange) or joint venlurnrwilh the Applicant or
Ropres<ll1Iative in .ny busin.... venture;
r J ii. The Applicant or Repres<ll1talive is a Client of a member of the City Commission 01' Board or a Client
0( another professiona' WOrking from the same ollice or for the veme employer a8 the member of th.
City Commission or Board;
I J IV A City CommiSSIoner or Board memberi. e Client ofthv Applicant or Representative;
[ ) v. The Applicant or Reproeenlalive is e Cuvlorner of lI1e member of the City Commisvion or Board (or of
hiv or her llIt1ployerJ end lransacls more lI1an $ 10,000.00 of 111. buv;n..s of the member of the City
Commission or Board (or hit 01' Iw employer) in . given Oll/enda- year;
I] vi. The -- of Ihe City COIl1mimon or Board iv a Cu,lomer of Ihe Applicant or Representative end
tnwacts more than $25,000.00 of tho buv;n... of Ihe Applicant Or Rep""'.nfative In . given
..Ienclaryear.
WITNESSMYHANDTHIS~DAYOF <Ll~ .206
APPliCANT;
By;
Name:
Title:
(Signl1fJJraj
(Prirrt)
(Print)
WITNESS MY HAND THIS ~ DAY OF
PROPERTY OWNER:
200_.
By;
Name:
Title;
(Signature)
(Print)
(i'rinO
'Tho Ie.". '&sinO" Re/sIion<h/p," "Client,' "C/J3tnmer,' 'Appli;lrrt,' "Repro'.n/aIive" end ~ntere_ Person' are defined In
Section 2-395 ofthl A""ntum CiI.y Code.
By:
(Signature)
(Signature
on Business Relationship Affidavit)
By:
Name: Cynthia Caldevilla
(Print)
Name:
(Print)
(Print)
(Signature
Title: as Senior Development Consultant (Print)
FORD, ARMENTEROS & MANUCV. INC.
By: Signature)
Title:
By:
Name: Omar Armenteros
(Print)
(Print)
(Signature)
Name:
(Print)
Title~~
By. .
(Print)
By:
By:
(Print)
Name:
Title:
Name:
By:
(Signature)
(Print)
Title: ~ lFynt)
By: ~Print)
/'
Name: (Print)
a er of (Print)
Name Ricardo Rodriquez
Title:as. Professional Surveyor & Maooer of (Print)
t FORD. ARMEtTEROS ,r'ru5'nc
By: ' ~ ~ (S~nature)
Title: (Print)
Titl~~
By:
~
(Print)
(Signature
Title:
(Print)
Title:
(Print)
Title:
(Print)
NOTE: 1)
Use duplicate sheets if disclosure information for Representative varies
2)
Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b)(2)(iv) of
the City's land Development Regulations in the City Code. in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
ENT A TIVE: (Listed on Business Relationship Affidavit)
~^ ~
: ./ '- /" Signature
Name: L is D. zaret:v (Print)
By: ture)
Name: (Print)
Title: Affornev (Print)
Partner in Ritter, Ritter & Zaretsky, UP.
By: Signature)
Name: (Print)
Title: (Print)
By: Signature)
Name: (Print)
Title: (Print)
By: Signature)
Name: (Print)
Title: (Print)
By: Signature)
Name: (Print)
Title: (Print)
By: Signature)
Name: (Print)
Title: (Print)
By: Signature)
Name: (Print)
Title: (Print)
Title: Vice President (Print)
Royal Title & Ewow Company. Inc.
By: (Signature
Name: (Print)
Title: (Print)
By (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
NOTE: 1)
Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See. 31-71 (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission. the information provided in the Affidavit becomes incorrect or
incomplete.
s Relationship Affidavil)
(Signature) By: (Signature
/
Name: Melissa Taoanes L1ahuas (Print) Name: (Print)
Title: Attornev (Print) Title: (Print)
Bercow & Radell. PA
By: Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
NOTE: 1)
Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b)(2)(iv) of
the City's Land Development Regulations in the City Code. in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
STATE OF FLORIDA)
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared ('~(\~iA ~~t ~n
executed this Affidavit for the purposes slated therein and that it is true and orred.
~..yp"~ JULIA A. MURILLO
~~~ MY COMMISSION # DD07b813
"'1-or ~\<:>it EXPIRES: December~. 200.5
, -8(Xl-3-NOT ARY t=L Notary SE>rYIce & Bonding. !nc
-.-------------------..-------------------------------------------------------------\
STATE OF FLORIDA)
COUNTY OF MIAMI.DADE)
Before me, the undersigneO authority, personally appeared (),..,.. ~ ~~Ao being fiT ~ swom, did swear or affirm th@he
executed th~ Affidavit for the purposes stated therein and that, ~ true and oorrecf. ~
AFFIANT
Iy sworn, did swear or affirm that he/~
#~' ~ JULIA A. MURILLO
'A 1Il:.. MY COMMISSION # DO 076813
""l'Off\()'" eXPIRES: Degember.5. 200.5
~ary).~TARY Fl Nottuy S4M0t.\ B9oc;liog, Inc
SWORN TO AND SUBSCRIBED before me th~ lQ.. day of 0
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that n is true and oorrect.
SWORN TO AND SUBSCRIBED before me th~ ~day of {hilw.r
~JOTARY PUBUC.STA1'E OF FLORIDA
. Vivian Olano
Conunission fI D0430174
Expires: MAY 16, 2009
llunded TIU"U Atlantic Bon(inl Co., Inc.
,~5 ~
Notary PubliC -ta~ At La'lle
Vil/ian Ou.no
Printed Name of Notary
My oommission expires: f..la~ 'hi z.c;oo,
STATE OF FLORIDA)
COUNTY OF MIAMI.DADE)
Beforeme,theUndersignedauthOrity,personallyappearedt{ J....~ -~
executed this Affidavit for the ptJijX>Ses stated therein and that it is true and oorrect.
SWORN TO AND SUBSCRIBED before me lt1~ LQ... day of
sworn, did swear or affirm th~he
t!JIv
WITNESS MY HAND THIS 112- DAY OF fu~2D~
STATE OF FLORIOA)
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes staled therein and that it is true and correct.
the Affiant. who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_-
Notary Public State of Florida AI Large
Printed Name of Notary
My commission expires:
---------------------------------------------------------------------------------------------\
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me, the undersigned authortty, personally appeared
executed this Affidavit for the purposes stated therein and that ~ is true and correct.
the Affiant who being first by me duly sworn, did swear or affirm that helshe
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_-
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct
the Afflant who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me th~ _ day of
,200_-
Notary Publ~ State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
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executed this Affidavit for the purposes stated therein and that it is true and correct.
.... ---
WITNESS MY HAND THIS \..0 DAY OF
~.."~ JULIA A. MURILlO
." W~ MY COMMISSION # 00076813
.~<i;' EXPIRES: [)e(lembet~. 200:1
'l" " 8ondlng. If'\C
SWORN TO AND SUBSCRIBED before me th~.LQ.. day of
STATE OF FLORIDA I
COUNTY OF MIAMI-OAOE)
Before me, the undersigned authority, personally appeared LB0\ \ k~
executed this Affidavit for the purp:>ses staled therein and that it is true and correct
e Affiant. who being first by me duly sworn, did swear or affirm that he/she
j M. Gnmes
p~".'~~~~-o Commission #DD218956
, "''\ :;~ Expires: lun 02, 2007
, -~ Bonded 1bru
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SWORN TO AND SUBSCRIBED before me this --4 day of ~'oeI2.., 200S
.------------..---------------------------------------------------..---------------------------------\
STATE OF FLORIDA I
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_.
Notary Public State of Fk>rida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me, the unders~ned authority, personally appeared
executed this AffIdavit for the purposes stated therein and that ~ is true and correct.
the AffIant who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me, the unders~ned authonty, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the AffIant who being first by me duly sworn, did swear or affirm that heJshe
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_.
Notary Publ~ State ot Florida At Large
WITNESS MY HAND THIS
Printed Name of Notary
My commission expires:
DAY OF
,200 .
STATE OF FlORIOA)
COUNTY OF MIAMI-DADE)
Before me, the undeo;~ned autf1ority, peo;onally appeared/lIJT L / t1 /1tr(\:ne Affia
executed this Affidavit for the purposes stated therein and that it is true and correct
SWORN TO AND SUBSCRIBED before me this k:L day of CX::+. ,206;:>
~ BETTY LLERENA
MY COMMISSION # DO 095997
EXPIRES: February 27, 2006
1.aoo.3--NOTARY FL Nolary Service & Bondi
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Printed ~"iaryt..\---fY-e V\t\
My commission expires
___________m_____________________________________________________m__________\
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant. who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
------------------------------------------------
STATE OF FLORIDA I
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this AffIdavit for the purposes stated therein and that it is true and correct.
the AffIant, who being first by me duly sworn, did swear or affirm Illat he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me tf1is _ day of
,200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me, Ille undersigned aulllority, personally appeared
executed Illis Affidavit for Ille purposes stated therein and that it is true and correct.
the Affl8nt, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me tf1~ _ day of
,200_.
Notary Public State of FIoOda At Large
Printed Name of Notary
My commission expires:
WITNESS MY HAND THIS
DAY OF
,200_
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci
DATE: January 3,2006
SUBJECT: Proposed amendments to Chapter "Land Development Regulations" of
the City Code to revise the Purpose and Authority, Definitions and Use
Regulations Sections to create additional regulations, restrictions and
prohibitions (03-LDR-05)
January 10, 2006 Local Planning Agency Agenda Item
1st Reading January 10, 2006 City Commission Meeting Agenda Item J.d1
2nd Reading February 7, 2006 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve amendments to the Land
Development Regulations to Section 31-2 "Authority and Purpose", Section 31-21
"Definitions", Section 31-143 "Residential Zoning Districts", Section 31-144 "Business
Zoning Districts" and Section 31-145 "Town Center Zoning Districts".
OVERVIEW OF AMENDMENTS
Attached are amendments to the Land Development Regulations to create additional
regulations, restrictions and prohibitions for development and redevelopment in the City.
The amendments are based on the recommendations contained in the Evaluation and
Appraisal Report (EAR) of the City's Comprehensive Plan report. The enactment of a
moratorium in 2005 provided the opportunity to complete the EAR report and development
of these amendments.
These amendments are based on a series of public meetings and workshops over the
past year that were held to plan for future growth of the City while ensuring the continuing
quality of life for the City's residents and businesses.
The proposed amendments will allow development and redevelopment of commercial
parcels to revised site development standards, development of residential parcels to
revised site development standards and redevelopment of residential parcels to existing
density and existing number of bedrooms.
BACKGROUND/DESCRIPTION OF AMENDMENTS
The following is a summary of the recommended revisions:
1. Addition of language to Section 31-2 entitled "Authority and Purpose" to mirror and
address the goals of the Evaluation EAR of the City's Comprehensive Plan as it
relates to development and future redevelopment and minimizing its impact to the
City's infrastructure, traffic congestion, hurricane evacuation clearance times and
quality of life.
2. Revision and addition to Section 31-21 entitled "Definitions" to provide as follows:
· the definition of "development" was revised to reflect the initial construction on
vacant land
· a definition of "redevelopment" is added to reflect all construction other than
initial construction on vacant land and as specified therein
. the definition of "developer" is revised to add redevelopment
. the definition of "development approval" is revised to add redevelopment
· a definition of "redevelopment area" is added to reflect areas that are described
in the City's Comprehensive Plan or that may be designated in the future by the
City Commission
3. In residential zones, language is added to provide that development is subject to
the revised site development standards, and redevelopment is subject to existing
density and existing number of bedrooms, unless otherwise provided by authorized
conditional use approval.
4. In business zones, language is added to provide that development and
redevelopment is subject to the revised site development standards. Further
language confirms and clarifies that the floor area ratio maximum in business
zones is 2.0 as set out in the Comprehensive Plan.
5. In the RMF4, Multifamily High Density Residential District, density is reduced from
60 dwelling units per acre to 45 dwelling units per acre and maximum height is
reduced from 40 stories or 400 feet to 25 stories or 250 feet. Uses that exceed the
density limitation, up to a maximum of 60 dwelling units per acre and uses that
exceed the height limitation, up to a maximum of 30 stories or 300 feet, may be
allowed following conditional use approval.
6. In the B2, Community Business District, and in the B3, Heavy Business District, the
maximum height of buildings is reduced from 20 stories or 341 feet to 12 stories or
120 feet with a provision for conditional use approval up to a maximum of 20
2
stories or 200 feet. Open space, lot coverage and setback requirements are
revised to reflect the original provisions of the 1999 LOR. The 2001 amendment is
deleted due to elimination of the provision to allow increased height for structured
parking.
7. In the OP, Office Park District, the number of stories remains the same at ten
stories but maximum height is reduced from 176 feet to 100 feet.
8. In the MO, Medical Office District, the maximum number of stories is increased
from ten stories to twelve stories and maximum height is reduced from 176 feet to
120 feet. Residential uses allowed after conditional use approval in this district are
limited to 25 dwelling units per gross acre.
9. In the TC1, Town Center District, increased floor area is added to the 81 uses
allowed after conditional use approval to allow for larger grocery and department
stores in the Town Center. Language is added to include design guidelines for this
district.
10. In the TC2, Town Center Marine District, language is added to include design
guidelines similar to those added to the TC 1 district.
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.
2. The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are 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 proposed amendments update the City Code to
promote a better planned development and community. The proposed amendments
are consistent with both the existing Comprehensive Plan and with the pending EAR
based amendments.
3. The proposed amendments are consistent with the authority and purpose of the LOR.
3
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 set out appropriate minimum standards for development and
redevelopment.
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 fair and workable standards for development
and redevelopment.
If you have any questions, please feel free to contact me.
cc: Joanne Carr, Community Development Director
4
ORDINANCE NO. 2006-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS TO REVISE
AUTHORITY AND PURPOSE, DEFINITIONS AND USE REGULATIONS
TO CREATE ADDITIONAL REGULATIONS, RESTRICTIONS AND
PROHIBITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the state mandated Evaluation and Appraisal Report of the City of
Aventura Comprehensive Plan was adopted by the City Commission by Resolution No.
2005-71 on November 1, 2005; and
WHEREAS, one of the recommendations of the Evaluation and Appraisal Report
(the "EAR") is that the Land Development Regulations be revised to provide a cohesive
blueprint for development and redevelopment of the City by addressing certain
strategies to accommodate growth while maintaining neighborhood integrity and by
limiting the intensity of future development and redevelopment in a manner that is
consistent with current development patterns and that minimizes negative impacts on
the City's infrastructure; and
WHEREAS, the City has held numerous workshop meetings and obtained
extensive input and participation by the public through these meetings; and
WHEREAS, the City Manager has presented and recommended the adoption of
revisions to the Land Development Regulations that will achieve the purposes of the
temporary moratorium which was imposed by Ordinance No. 2005-07 and will
incorporate the recommendations of the EAR and that will preserve the public health,
safety and welfare of the City;
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
Ordinance No. 2006-
Page 2
Plan and with the pending EAR based amendments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals AdoDted. That the above stated recitals are hereby
adopted and confirmed.
Section 2. Code Amended. That Section 31-2 "Authority and purpose" of
Article I. "Purpose and Applicability", Section 31-21 "Definitions" of Article II "Definitions
and Rules of Construction", Section 31-143 "Residential Zoning Districts" of Article VII
"Use Regulations", Section 31-144 "Business Zoning Districts" of Article VII "Use
Regulations" and Section 31-145 "Town Center Zoning Districts" of Article VII "Use
Regulations" of Chapter 31, "Land Development Regulations" of the City Code are
hereby amended to read. as follows1:
Section 31-2. Authority and purpose.
The LDRs shall orovide a cohesive blueorint for develooment and redevelooment of the
City bv addressino strateoies to accommodate orowth while maintainino neiohborhood
inteoritv: ensure aoorooriate heioht and site develooment re~uirements and desion
ouidelines: ensure aoorooriate transitions and linkaoes between different
neiohborhoods and uses: encouraoe more walkable neiohborhoods: buffer
neiohborhoods and existino develooment from the encroachment of incomoatible uses:
limit the intensity of future develooment and redevelooment in a manner that is
consistent with current develooment oatterns and that minimizes further neoative
imoacts to the City's infrastructure. traffic conoestion. hurricane evacuation clearance
times and oualitv of life and orevent redevelooment of a residential Darcel in a manner
that would increase its existino density. unless redevelooment of said Darcel is within a
redevelooment area described in or envisioned bv the City's Comorehensive Plan or will
1 Underlined provisions constitute proposed additions to existing City Code text; striskeR IRf9~!lR
provisions indicate proposed deletions from existing City Code text.
Ordinance No. 2006-
Page 3
implement specific development or redevelopment aoals or plans that mav be
established for particular areas bv the City Commission or redevelopment that is
proyided by expreSSly authorized conditional USe approval.
Section 31-21. Definitions.
. . .
Developer shall mean any person, corporation, partnership, other legal entities or a
goyernmental agency, undertaking any development and/or redevelopment as defined
in these LDRs.
Development shall mean the construction, alteration or material chanae to vacant land
and will be limited in its applicability to those properties shown on the City of Aventura
Vacant Land Map included as Fiaure II.A.3 in the 2005 Evaluation and Appraisal Report
of the City's Comprehensive Plan. Development on all other parcels not shown as
vacant land on the City of Aventura Vacant Land Map will be considered
Redevelopment. unless otherwise expressly provided herein. See
Redevelooment.CaFF)'infj Sblt of aAY 13\,lilsiAfj acti'/it)' or A'liAiAfj spomtioA, tt:lo A'lakiAg of
aAY A'laterial sRanfje iA tt:le blse sr appearaAse af aAY strblct\,lr-e sr laAs, or tRe sivisiAfj sf
laAs inta par-ssls. The following activities or uses more specifically, but without
limitation, shall be taken for the purposes of these regulations to constitute
"development":
(1) PI reC0Astrblctien, altaratioA at er m3toFinl eh:iAQ9 iR the oxteAt or 3J3peaFaAGO
af a stFblst\,lFe SA land.
(2) ,II, sRanfje iA tRe iAteAsity af \,lse af land, SblSt:l as aA iAsrease iA tt:le AblA'lSer of
(j'I.(sIliRQ units iF) a .s:tructblre or SA laRd, sr 3" increase if'l the numBer of BblSiA9€&9&,
maRblfactblring estaeli€Rr:ReAt, or anises.
(~ 1) Alteration of shore or bank of a lake, pond, or canal, including any "coastal
construction" as defined in F.S. 9 161.021.
(4 6) Commencement of drilling, mining, or excavation on a parcel of land,
except to obtain soil samples.
(5) DeA'lslitisA af a stFblst\,lre.
(e;U Clearing of land as an adjunct of construction.
(71,) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(5) The demolition of a solely lawful non-conformina residential USe and
Ordinance No. 2006-
Page 4
construction of a commercial use on the same oarcel(s).
(6) The demolition of a solei v lawful non-conforminq commercial use and
construction of a residential use on the same oarcel(s).
The following operations or uses shall not be construed for the purpose of these
regulations to involve "development":
(1) Work by a highway or road agency or railroad company for the maintenance
of a road or railroad track, if the work is carried out on land within the boundaries of the
right-of-way.
(2) Work by any utility and other persons engaged in the distribution or
transmission of gas, water, sewerage, or electricity, for the purpose of inspecting,
repairing, renewing, or constructing within any established rights-of-way any sewers,
mains, pipes, cables utility tunnels, powerlines, towers, poles, tracks, or the like.
(3) Work for the maintenance, renewal, or alteration of any structure, if the work
affects only the interior or the color of the structure or the decoration of the exterior of
the structure.
(4) The use of any structure or land devoted to dwelling uses for any purposed
customarily incidental to enjoyment of the dwelling.
(5) A change in the ownership or form of ownership of any parcel or structure.
(6) The creation or termination of rights of access, riparian rights, easements,
covenants concerning development of land, or other rights in land.
(7) The use of any land for the purpose of growing plants, crops, trees, and other
agriculture or forestry products; raising livestock; or for other agricultural purposes.
(8) A change in use of a structure from a use within a zoning district to another
use in the same zoning district.
Development includes all other development customarily associated with it unless
otherwise specified. When appropriate to the context, development refers to the act of
development or to the result of development. Reference to any specific operation is not
intended to mean that the operation or activity when part of other operations or
activities, is not development. Reference to particular operations is not intended to limit
the generality of this definition.
Development Approval, development order or development permit shall mean any
Ordinance No. 2006-
Page 5
building permit, site plan approval, conditional use approval, temporary use permit,
subdivision approval, change of land use district boundary, plan amendment or any
other official action to grant, deny or grant with conditions, issued by any official,
commission, or board of the City having the effect of permitting development and/or
redevelooment.
Redevelopment (Residential) shall mean the demolition and reconstruction. renewal.
alteration or material chanae in the extent or aooearance of a residentiallv zoned
structure or structures or sianificant Dart of a structure or structures and/or a chanae in
the intensity of use of land. such as an increase in the number of dwellina units in a
structure or on land. and/or an increase in the number of bedrooms. Redevelooment
shall not mean the demolition of a solei v lawful non-conformina commercial structure
and construction of a residential structure on the same parcel(s).
Redevelopment (Commercial) shall mean the demolition and reconstruction. renewal.
alteration or material chanae in the extent or aooearance of a commerciallv zoned
structure or structures or sianificant Dart of a structure or structures and/or a chanae in
the intensitv of use of land. such as an increase in floor area or an increase in the
number of businesses. manufacturina establishment or offices. Redevelooment shall
not mean the demolition of a solelv lawful non-conformina residential structure. absent
accessory uses. and construction of a commercial structure on the same oarcel(s).
Redevelopment includes all other develooment customarilv associated with it unless
otherwise soecified. When aoorooriate to the context. redevelopment refers to the act
of redevelooment or to the result of redevelooment. Reference to anv soecific
ooeration is not intended to mean that the ooeration or activitv when oart of other
operations or activities. is not redevelooment. Reference to oarticular ooerations is not
intended to limit the aeneralitv of this definition.
Redevelopment Area means those redevelooment areas described in or envisoned bv
the Citv's Comprehensive Plan or redevelooment aoals and clans that may be
established for particular areas bv the Citv Commission. The Biscavne Boulevard
Commercial Corridor described in the Citv's Comorehensive Plan as a redevelooment
area shall incoroorate all commercial orooertv with frontaae on Biscavne Boulevard
inciudina but not limited to the Aventura Mall and all of its associated outparcels.
Section 31.143. Residential Zoning Districts.
(a) Purpose. These residential districts are intended to provide for residential
development in conformance with the parcel's Future Land Use Map designation. A
Ordinance No. 2006-
Page 6
residential parcel's zoning designation shall be equivalent to the designation of the
Future Land Use Map. The number of dwelling units permitted per gross acre of a
zoning parcel, as defined in the LDRs, shall not exceed the total number of dwelling
units permitted by the City's Comprehensive Plan designation for the zoning parcel.
The uses within this district shall be consistent with, but may be more restrictive than.
the corresponding Residential land Use Plan category or Town Center Land Use Plan
category permitted uses. These zoning districts shall be applied to land designated
Residential on the City's Future Land Use Map. A development parcel may have a
maximum number of dwelling units based on an adopted development order or
resolution.
Develooment of a Darcel shall be subiect to the Site Develooment Criteria set out in the
zoninq districts of this Section. Subsequent redevelooment shall be limited to existinq
density and number of bedrooms. More soecificallv. for any orooertv on which the
density allowed bv the Site Develooment Standards is exceeded bv existinq
develooment. the new density on redevelooment shall not exceed that allowed in the
Site Develooment Standards and further orovided that if the develooment has received
site olan aooroval. is under construction or existed orior to the effective date of this
orovision with density lower than allowed by this Section. redevelooment shall be limited
to that lower density and to the existinq number of bedrooms. Exceoted from this
orovision is redevelooment that is described in or envisioned in the City's
Comorehensive Plan or such additional oarcel(s) that will imolement soecific
develooment or redevelooment qoals that may be established for oarticular areas by
the City Commission or redevelooment that is orovided bv exoressly authorized
conditional use aooroval.
(b) Residential Single-Family District (RS1). The following regulations shall apply to all
RS1 districts.
(3) Site development standards.
q. Develooment shall be subiect to the criteria set out in this Section. Redevelooment
shall follow the Site Develooment Standards with the exceotion that any orooertv on
which the density allowed bv the Site Develooment Standards is exceeded bv existinq
develooment. the new density on redevelooment shall not exceed that allowed in the
Site Develooment Standards and further orovided that if develooment has received site
olan aooroval. is under construction or existed orior to the effective date of this
orovision with density lower than allowed bv this Section. redevelooment shall be limited
to that lower density and to the existinq number of bedrooms. unless otherwise
orovided bv exoresslv authorized conditional use aooroval.
Ordinance No. 2006-
Page 7
(c) Single-Family Residential Districts (RS2). The following regulations shall apply to all
RS2 districts.
(3) Site development standards.
a. Development shall be subject to the criteria set out in this Section. Redevelopment
shall follow the Site Development Standards with the exception that anv property on
which the densitv allowed bv the Site Development Standards is exceeded bv existina
development. the new densitv on redevelopment shall not exceed that allowed in the
Site Development Standards and further provided that if the development has received
site plan approval. is under construction or existed prior to the effective date of this
provision with densitv lower than allowed bv this Section. redevelopment shall be limited
to that lower densitv and to the existina number of bedrooms. unless otherwise
provided bv expresslv authorized conditional use approval.
(d) Multifamily Medium Density Residential Districts (RMF3). The following regulations
shall apply to all RMF3 Districts.
(3) Site development standards.
k. Development shall be subiect to the criteria set out in this Section. Redevelopment
shall follow the Site Development Standards with the exception that anv propertv on
which the densitv allowed bv the Site Development Standards is exceeded bv existina
development. the new densitv on redevelopment shall not exceed that allowed in the
Site Development Standards and further provided that if the development has received
site plan approval. is under construction or existed prior to the effective date of this
provision with densitv lower than allowed bv this Section. redevelopment shall be limited
to that lower densitv and to the existina number of bedrooms. unless otherwise
provided bv expresslv authorized conditional use approval.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations
shall apply to all RMF3A Districts.
(3) Site development standards.
k. Development shall be subiect to the criteria set out in this Section. Redevelopment
shall follow the Site Development Standards with the exception that anv propertv on
which the densitv allowed bv the Site Development Standards is exceeded bv existina
development. the new densitv on redevelopment shall not exceed that allowed in the
Ordinance No. 2006-
Page 8
Site Development Standards and further provided that if the development has received
site plan approval. is under construction or existed prior to the effective date of this
provision with density lower than allowed by this Section. redeyelopment shall be limited
to that lower density and to the existino number of bedrooms. unless otherwise
provided by expressly authorized conditional use approyal.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations shall
apply to all RMF4 Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide suitable
sites for the development of well-planned, environmentally compatible medium-high
density multifamily residential use in areas consistent with the City's Comprehensive
Plan Future Land Use Element. Densities shall not exceed 90 45 units per gross acre.
(2a) Conditional Use. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF zone.
b. Uses that exceed the heioht limitation. to a maximum heioht of 30 stories or
300 feet.
c. Uses that exceed the densitv limitation. to a maximum of 60 dwellino units per
oross acre.
(3) Site development standards.
b. Maximum height:
1. Duplexes: Two stories or 25 feet.
2. Townhouses: Three stories or 35 feet.
3. High-rise apartments: 4G 25 stories or 400 250 feet.
i. Development shall be subiect to the criteria set out in this Section. Redevelopment
shall follow the Site Development Standards with the exception that any property on
which the density allowed bv the Site Development Standards is exceeded bv existino
development. the new density on redevelopment shall not exceed that allowed in the
Site Development Standards and further provided that if the development has received
site plan approval. is under construction or existed prior to the effective date of this
provision with density than allowed by this Section. redevelopment shall be limited to
that lower density and to the existino number of bedrooms. unless otherwise provided
by expresslv authorized conditional use approval.
Ordinance No. 2006-
Page 9
(g) Multifamily Medium Density Residential Districts (RMF3B).
(4) i. Development shall be subiect to the criteria set out in this Section.
Redevelopment shall follow the Site Development Standards with the exception that
anv propertv on which the densitv allowed bv the Site Development Standards is
exceeded by existina development. the new density on redevelopment shall not exceed
that allowed in the Site Development Standards and further provided that if the initial
development was constructed with densitv lower than allowed bv this Section,
redevelopment shall be limited to that lower density and to the existina number of
bedrooms. unless otherwise provided by expresslv authorized conditional use approval.
Section 31-144 Business Zoning Districts.
(a) Purpose. These business districts are intended to provide for commercial
development in conformance with the Comprehensive Plan and provide for a variety of
zoning districts to accommodate the City's business and commerce needs. These
zoning districts may be applied to land designated Business and Office and Industrial
and Office on the City's Future Land Use Map, however, the uses within this district
shall be consistent with, but may be more restrictive than, the corresponding Business
and Office and Industrial and Office category permitted uses.
Development and/or redevelopment of a parcel in the Business Zonina Districts shall be
subiect to the Site Development Standards set out in the zonina districts of this Section.
The floor area ratio permitted in Business Zonina Districts shall not exceed the
maximum of 2.0 as set out in the Business and Office Future Land Use Cateaorv in the
Citv's Comprehensive Plan.
(b) Neighborhood Business (B1) District. This district is intended to provide primarily for
retail sales to a surrounding neighborhood. Retail stores permitted therein are intended
to include primarily convenience goods which are usually a daily necessity for a
residential neighborhood. The district is appropriate for location on a collector or an
arterial roadway.
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered
or used, or land used in whole or part for other than one or more of the following
specific uses provided the requirements set forth elsewhere in this section are satisfied:
(g) IAstitt;JtioRE EblCh 3& ~13ceE of \\~F&hip, lier::uies, rnblE9b1ffiS flAd simil::lr facilities.
(R 9l Antique shops.
..------------'-.."--~___r_~-..--.--..~-------.-..-.,-.-.-._------.,.
Ordinance No. 2006-
Page 10
(l- h) Restaurants and coffee houses or dining room where kitchen is screened or
located altogether within an enclosed building or room and with ample provisions for
carrying away or dissipating fumes, odors, smoke or noise and where premises are so
arranged and the business is so conducted as not to be offensive or create a nuisance
to occupants of adjoining premises or to passersby.
G D Restaurants and cafes may serve alcoholic beverages where such service is
strictly incidental to the service of food and from a service bar only provided no
entertainment of any kind is furnished.
(k il No sign or any type of character shall be exhibited or displayed to the outside
denoting that alcoholic beverages are obtainable within.
ilil Uses accessory to any of the above uses when located on the same plot.
(5) Site Development Standards
f. Development or redevelopment shall be subiect to the criteria set out in this Section.
(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.
(2) Conditional use. The following uses if first approved as a conditional use:
i. Uses that exceed the height limitations. UP to a maximum of 20 stories or 200 feet.
(5) Site development standards.
a. Floor area ratio and lot coverage BRa fl'IlRIFFWfR IBmis6a(Jefi 9{39R SfJBse
requirements: Fer ~llr~eses ef tRis ~Brnllra~R a., strlll>tllre ~arkiRll sRall net l>ellRt as
~art ef tRe fleer ar-ea, tlllt may tle l>ellRtoa tewar-El l>all>lllatieR ef the fleer area rnlie.
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. Fer tl:1ese tlllilaiRlls witl:1 zeFEl JJ ~erl>eRt of tl:1e FElElllirea ~arkiRlllel>atea witRiR a
~arkiRll !ltrlll>tllre: Tl:1e fleer ar-ea rntie sl:1all tle OAO at eRe !lteF)' aRa sl:1all tle iRsreasea
tly 0.11 klr each aaaitieAal !ltery. TAe tetal lot ceveralle ~ermittea klr all bllilaiRlls OR
the site !lRall Ret el<l>eea 40 ~erl>eRt ef tl:1e total let area. Tl:1e tetal miRimllm laRasl>a~ea
G(38R sp3ce Feql:Jiree 81=1:111 be 22 per-ceRt of tho total let :Iron. Fto\a:o)/or, if structblre
m ..._..'''...___-___.___..____'._. ____...___'.__...,..-___..... __.._
Ordinance No. 2006-
Page 11
parkiRllleval(s) is,lara SOIlRtml to'Nams salsl,jlatioR of tne floor area mtio tneR tne total
lot Goveralle ~ermitte€l fer all Bl,jil€liRgs eR tne site sRall net exsee€l dll ~er-seRt ef tRe
total lot area. A€l€litioRally, tRe total miRimllm laR€lssa~e€l o~eR s~aGe rel'll,jir-e€l sRall Be
de ~ersent ef tRe total lot area.
d. for tnese Bllil€liRlls 'lIitn dd ~erceRt ee ~erGeRt ef tne rel'lllired parkiRg losated
witRiR a ~arkiFlg strustllr-e: TAe fleer area r-atie sRall Be 0.19 at eRe steF)' aR€l snail Be
iRsrease€l 13y 9.11 fer easA a€l€litieRal story. Tne total lot severalle ~ermitted fer all
BllildiRgS eR tAe sita shall Rat exsee€l 49 ~er-seRt of tAe tetal lot area. TAe total
miRimllm laR€lssa~e€l o~en s~ase r-el'lllire€l sAall Be de ~erseRt of tAe t9tal lot area.
He\a.'o).'er, if strl:Jstl;Jre J33rking 10)/01(&) is/3ro cSl;IAted to'!J3Fd& c3lcbll:JtioR of the floor ar03
mtie tReR tAO tetal let severage ~ermitte€l fer all 1311il€liRlls eR tAe site shall Ret eXGeod
de ~eFGORt of tAe tetallot area. .'\€l€litieRally, tAe tetal miRimllm lan<:Issa~e€l a~aFl s~ase
rel'llliro€l sRall13e d7 ~eFGeRt of tAe tetallot ar-ea.
4. far tAese Bllil€liRgS \'IitA ee ~ersoRt 1 99 ~erGEmt ef tAe r-equire€l ~arkiRlllocate€l
witn a ~arkiRll strl,jstllre: Tl:1e floer area mtie sl:1all Be 9.19 at ORe story aR€l sl:1all be
iRsroase€l BY 0.11 fer oasl:1 a€lditioRal story. TAe tatal let sO'/or-allo ~ermitte€l fer all
Bllil€liFlgS eR tno site sl:1all Ret ol<cee€l 4e ~ercont ef tl:1e total lat area. Tl:1e tetal
miRimllm laR€lssa~e€l a~oR s~aso rOl'luir-ed sl:1all Be dB ~erseRt af tRe tatal lot ar-ea.
Flo~:!ever, if stNGtl;lF9 J3::lrkiA~ level(s) is.'aFo GQt;JRtea to':ltlFGS c31cbllatioA af the floor are3
ratia tl:1eR tne tatal lat sovemlle ~ermitte€l fer all Bllih:liRlls aR tAe site sl:1all Rat ol<see€l
de ~er-sent of tl:1e t9tal19t area. A€l€litionally tl:1e tetal miRimllm laRdssa~e€l a~en s~ase
rOl'luir-e€l sl:1all BO 4 9 ~erGeRt of tno tatallat area.
2. The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for
each additional stOry. Structure parkina shall not count as part of the floor area. but
shall be counted in computina buildina heiaht. The total lot coveraae permitted for all
buildinas on the site shall not exceed 40 percent of the total lot area. The floor area
ratio shall not exceed 2.0 for all buildinas in this district in conformance with the
Comprehensive Plan.
b. Maximum height: ~ 12 stories or JM. 120 feet overall maximum height, including
structure parking. fer ~llr~ases af tAis ~arallra~n B., strllGtllre ~arkiRll sAall Rat BO
GQl:JAted in GafFlJ;lbltiAg RUR=leer af storio& bl:Jt stl311 bo GQl;JRted iA campbltiAg QV9F311
maximllm l:1eilll:1t. That portion of the building or structure within 200 feet of any
residential zone shall be subject to a height limitation of one foot for every two feet in
distance from the residential zoned plot unless the application of this requirement would
limit the building height to a minimum of 25 feet.
Ordinance No. 2006-
Page 12
d. Setbacks: For flllrflQfleS af tt-lis flara!'lr-aflt-l S., structllra flarkin!'l insarflarates witt-lin
tt-le llllilain!ij envelefle st-lall SBllRt towara the Rllmller of steries.
Front yard: not less than 25 feet in depth
Street side yard: not less than 20 feet in depth
Side and Rear yard: There is no side or rear yard setback reauired for a plot
which is not adiacent to a street or alley. A side and rear yard setback of 20 feet
in depth is reauired for a plot adiacent to a residentially zoned district. street or
alley.
1. These blJilEJiAgE ':IRese tet::lI Aldmber sf storiolS it bew.'eoR zore :JAG ton ~
fleOF&, iAcll;J(;jiRQ ::lAY Etrblst1.Jre p3rking iAGOrpQF::ltee ~:/ithiA tRe tll~i1aiAg 9Avelepe, shall
t-lave a fr-ent yaR:l net less tt-lan 25 feat in aefltt-l. Every fllat st-lall t-lava a str-eet siaa yara
af nat less than 2Q feat saflth. Tt-lere is na sise or rear yaR:l satllask reqllires fer a fllat
whish is nat aajacant te a street or alley. .1\, siae and rear yam setllask af 20 feet is
re~blifed '.vReA 3ejasBFlt to :3 Fesiaontially ZQABt:1 distriGt, street or :llley.
2. Theso BldildiRgs 'Nhe&o tatal Ablmbor af stQriOE is set\\(SeA 11 se':eA BAEI 20
12 fle8FG, iASlldSiRg :lRY strblGtl;lre parking iAssrpar3teG ',,:ithifl the B~i1etiRg 9Avelepe,
shall have a frent yam Rot less tt-laR J5 feet iR ael'ltt-l. Every fllet shall t-lave a street siae
yars af Rat less thaR J5 feet iR sefltt-l. Thera is Ra sise er rear yar.s setllask reqllires fer
a fllat wt-lish is Rat asjaseRt ta a street er alley. .1\, side aRs rear yard satllask af J5 feet
is reqllirae wt-leR asjaceRt te a resiaentially zeRea aistrict, street ar alley.
~. These buildiAgS 'I/RaEO total Rldmber 9f storicus excee9s 20 fleers iRclbldiAg
:JAY strLJctl;Jra parkin€) incerperatas '.vitl=lin tho i:)l;Iilsin€) on~1:elopo, &1=1311 h3"~O a fFent Y3r-EI
Rot less thaR <15 feet iR sel'lth. Every fllat st-lalll:1ave a str-eet sisa yam af Rat less tt-laR
<1 5 ~eet iR aefltt-l. Thar-e is Ra sise ar rear yars sett:Jask reqllires far a fllet 'l:t.lich is Rat
aEljaseRt te a stF8et ar alley. ^ sise aRa rear yam setllask ef <15 feet is reqllires wReR
a8ineent to a reEis9nti311y zenes siEtrid, street or alley.
f. Deyelopment and redevelopment shall be subiect to the criteria set out in this
Section.
(d) Heavy Business (B3) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and are
not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards and have direct access to arterial roadways,
particularly major arterials.
Ordinance No. 2006-
Page 13
(2) Conditional use. The following uses if first approved as a conditional use:
a. Buildings or structures exceeding the height limitations set forth in this section, aR
aeeitieRal maximllm heillht of 199 feet UP to a maximum of 20 stories or 200 feet.
(6) Site development standards.
a. Floor area ratio and lot coverage aRfl mlRlmUm .faRG&cafiJefl 9fJ9R spac9
requirements: For !'lllr!'loses ef this parallr-a!'lh a., strllstllre !'larkiRll shall Ret sellRt as
J33R: ef the floer area, Bblt may DO C01;1Ated te'N3FG calsl;JlatieA gf tho f.loQr 3F9a Fatio.
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. Fer those ~llileiRlls '/lith zere dd !'leFGent of the re"lllired !'larkiRlllesated withiR a
!'larking strllstl,jre: TAe fleer area ratie shall ~e 9049 at eRe story aRe shall ~e iRsr-easee
~y 9.11 fer eash aeeitieRal stery. The tetal lot sO'/eFalle !'lermittee fer all ~llileiRlls OR
the sita shall Rat eKseee 49 !'ler-seRt ef the total let ama. The total miRimllm laRessa!'lee
e!'leR s!'lase re"lllir-ee shall ~e dd !'lerseRt of the tetal let area. Hewever, if strustllre
!'larkiRlllevel(s) is/are sOIlRtee towares salslllatiaR af the fleer area ratia thaR the tetal
let se\<eralle !'lermittee fer all ~llildiRllS eR the site shall Rat exseee dll !'lerGeRt af the
totallat ar-ea. Aeeitionally, the tetal minimllm laReSSa!'lee o!'leR s!'lase reqlliree shall ~e
d5 !'larGeRt ef the totallat area.
d. Fer thase ~llileiRlls with dd !'ler-seRt 66 !'lerGeRt ef tho re"llliree !'larkiR\j lasatee
withiR a !'larkiRll strl,jstllr-e: The fleer area r-atie shall be 9049 at eRe slery aRe shall ~e
iRsreasee ~y 9.11 fer eash aeeitieRal slery. The letal let Goveralle !'lermittee fer all
~b1i1eiRlls eR the site shall Ret eKGeee 49 !'leroaRt af the tetal lat area. The tatal
miRimblm laReSSa!'lae a!'laR s!'lase re"lbliree shall ~a d6 !'lerseRt af the tetal let area.
HS\Il.'9vor, if stFblGtl:Jre J:)3Fking level(E) is/::uo cQblAted te'J:3r.es CalGbllatisR at tho fleer aFea
Fatia theR the tetal let saveralle !'lermittee fer all buileiRlls aR the site shall Rat eXGeee
d5 !'leFGeRt af the letallot area. .'\eeitienally, the tetal minimblm laRessa!'lee a!'leR s!'lase
r-e"lbliree shall ~e d7 !'leFGaRt af the tatallat ar-ea.
4. For thase ~b1i1eiRlls with 66 !'lerseRt 109 !'larGeRt ef the re"llliree !'larkiRll lasatee
with a !'larkiRll strllstllre: Tt-le fleer area Fatie shall ~a 9049 at aRe stary aRe shall ~e
inGreasee ~y 9.11 for eash aeeitieRal stery. Tha tetal let se'/er-alle !'lermittee fer all
~llileiRlls OR the site shall not eXGeee 45 !'larGaRt af the tetal lat ar-ea. The tatal
miRimblm laRessa!'lee a!'leR s!'lase re"lblir-ee shall ~e dQ !'lerseRt ef the tatal let ar-ea.
Hewe'Jer, if StruStblr-e !'larkiRlllevel(s) ie:!ar-e sellRtee to'....ares salsl,jlatieR ef the fleer area
Ordinance No. 2006-
Page 14
r.atio tl=lon tl=le total lot sovera~e ~ermittee for all el,lilein!ls on tl=le site sl=lall not exceee
35 ~ersent of tl=lo tetallot area. Aeeitionally tl=le total minimllm lanes6a~ee o~en s~ase
FOElllir-ee sl=lall eo 49 ~ersent 8f tl=le t8tal18t area.
2. The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for
each additional stOry. Structure parkina shall not count as part of the floor area. but
shall be counted in computina buildinq heiaht. The total lot coveraae permitted for all
buildinas on the site shall not exceed 40 percent of the total lot area. The floor area
ratio shall not exceed 2.0 for all buildinas in this district in conformance with the
Comprehensive Plan.
b. Maximum height: ~ .1l..stories or M4 120 feet overall maximum height, including
structure parking. F8r ~l,lr~oses ef this ~aFa!lFa~1=I e., strl,lGtllre ~arkin!l st-lall not ee
eeblAted iA cem(3b1tiAf) Rumbar at. stcniOE Bl:Jt ER311 bo cOI;JAtad iA ceFFlpldting overall
maximl,lm height. That portion of the building or structure within 200 feet of any
residential zone shall be subject to a height limitation of one foot for every two feet in
distance from the residential zoned plot unless the application of this requirement would
limit the building height to a minimum of 25 feet.
d. Setbacks: For ~l,lr~eses af tt-lis ~aFa!lFa~t-l e., stNGtl,lr-e ~arkin!l in6er~eratee witt-liR
tAo bl;JilEtiAQ 9AVelo139 sh311 CQI:.IAt tS'N3FS the RblFReer of steriolS.
Front yard: not less than 25 feet in depth
Street side yard: not less than 20 feet in depth
Side and Rear yard: There is no side or rear yard setback required for a plot
which is not adjacent to a street or allev. A side and rear yard setback of 20 feet
in depth is reauired for a plot adjacent to a residentiallv zoned district. street or
allev.
1. Thoss BblileiRQ& .,..Jt:les9 tela I AblFReer of sterie& it l3et\veeR zero aRe teA ~
~eer&, iAell;JeiAg BAY structl::lrn paFkiRg iAcorpar3tod VJithiA tho BblileiRf) 8nvolepo, Sh311
havo a fFGRt Y:lFa Rat less tt=lBR 25 feet iR depth. Every plot sR311 R3\'9 a street Eisa y:u=g
of R8t less tt-lan 2Q feet ee~th. Tt-lere is Re siee or rear yaFEl seteask reEll,liree fer a ~Iet
'."'Rich is Ret 3ejae9At te a street af :JUoy. ^ Eiss aREi fa:]r Y::lrd setbaek of 29 108t is
reEll,lir-ee wt-leR aejaceRt to a resieeRtially zORee die:triGt, str-eet er alloy.
2. These b~i1dings '.vhGte tetal nl:Jmber of st0fiss it eet\&.'oBn 11 se'/8n and 20
12 floem, inslbleing any stR:.lct~F9 paFking incerpeF3teEl \&:ithin the b~i1EJiRg 8A\'elepe,
st-lall t-lave a fFeRt yar.e Rot less tt-laR 35 feet iR ae~tt-l. Every ~Iet sl=lall t-lave a str-eet siee
yard of Rot less tt-laR 35 ~eet iR ae~tt-l. Tt-ler-e is Re siae or r-ear yam seteask reEll,liroe fer
a plet \'JhieR it net 3djacoAt to a street ar alley. .^, side and Fear Y3rd sotbaek ef ~5 feet
is fGqblirea \..JReR aaj3ceRt tCl a r9sieeRtially zaRed district, street ar alley.
Ordinance No. 2006-
Page 15
3. These BblilftiR€I& 'Nl=leSt3 tetal AblFRSer of sterieE exceoGs 20 fleers incll;JsiR€I
:::u:'Iy Etrl;Jctl:JFG parkiRg inC0rpemtod ':JitAiR the Bl:JildiAg 9Rvolofl8, sRall R3'.'e a fFGAt yard
not less tAaA 45 feet iR Ele(3tA. EveI)' (3let sAall Aa'/e a streot siEle yar-El ef Aot less tAaA
4 a feet iA Elepth. TAere is ne siEle er roar yaFEl setBack reElllireEl fer a (3let wAicA is not
adjaOllAt te a street er alley. .'\ siEla aAEl roar yaFEl setback of 4 a feet is raEjllireEl '/JAeA
asjacaRt te a resiElentially zeAeEl Elistrist, street or alley.
f. Develooment and redevelooment shall be subiect to the criteria set out in this
Section.
(e) Office Park (OP) District. This district is intended to provide for high quality, semi-
professional and professional offices in a campus setting reflecting creative design and
environmentally compatible use of space and perimeter buffer areas. This zoning
district may be applied to land designated Business and Office and Industrial and Office
on the City's Future Land Use Map, however, the uses within this district shall be
consistent with, but may be more restrictive than, the corresponding Business and
Office and Industrial and Office category permitted uses.
(4) Site development standards.
b. Maximum height: No building or structure, or part thereof shall be erected to a height
exceeding ten stories or ~ 100 feet overall maximum height, including structure
parking. Fer (311r(3eses ef tAis (3aFagra(3A B., Stnlctllro parkiAg sAall Ret Be cellRteEl iA
cempbltiA€I Ablmber at siarist tn:lt shall Be 60l;JAted in eOFRfll.:JtiRQ D'Jorall FRaXiml:;JfFI
AeigAt.
c. Floor area ratio and lot coverage: Fer (311r(3eSeS ef tAis (3ar-agFa(3A c., stRIcture
f)3rkiAg tRail Ret sablAt as 133Ft af tRB fleer area, Bblt may be CQblRtec;j to'.vaFd calSbllatiaR
af the fleer area ratia.
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. Fer tAese BllilEliAgs 'A'itA zero JJ (3er-GeAt ef tAe reElllir-eEl (3arkiAg lesateEl ...:itAiR a
l'larkiAg strllstl-lre: TAe fleer aroa Fatie sAall Be 9A9 at eAe stery aAEl sAall Be iAcreaseEl
BY 9.11 fer eacA aElElitieAal ste!)', TAe tetal let severa!ile l'lermitteEl fer all BllilEliAgS eA
tRG site tRail net exseeEl 4Q par-seRt af tile tetallet area. He\&J9Ver, if €tNd:UF8 fJarkiR€I
level(€) iE/3Fe eOl;lRtsa tO~,"JaF8E c31cbllation of tl:1e ~Gor 3rea ratio tl:1en tl:1e tot31 lot
cGveFage l'larmitteEl fer all BllilEliAgS eA tAe site sAall Aet exoeaEl Jll 1'l9F69Rt ef tA9 tetal
Ordinance No. 2006-
Page 16
lot ama.
J. Fer tt:!ose BllilaiR!.ls witt:! JJ flerseRt !ll; fleFSeRt of tt:!e rel'lllir9a flarkiR!.l lesatea
witt:!iR a flarkiR!.l strustllre: Tt:!e fleer area ratie st:!all Be 9A9 at eRe stel)' aRa st:!all be
iRSr-eaSea BY 9.11 fer east:! allditieRal Eltery. The total let seveFa!ije flermittell fer all
buildiR!.ls eR tt:!e site st:!all not exseea 49 fler<leRt ef tt:!e tetal let area. Hewever, if
StFllstllFe flarkiR!.llevel(s) is/are sellRted tewards calslllatieR ef tt:!e fleer ar-ea Fatie tt:!eR
tt:!e tetallet severoge flermittea fer all Bllildin!ijEl eR tt:!e site st:!all Rat exseea J5 flement
of tt:!e tetallet area.
4. Fer tt:!ese BllilaiR!.lS witt:! !i!i fler<lent 199 fler-seRt ef tt:!e rel'lllir-ed flarkin!.llesatea
'Nith :3 J33rkin€J struGtblre: The floor ::Jrt3a fatie &R311 be 0.40 at 8A9 stery DAd &hall be
iRSmaSea BY 9.11 fer east:! additieRal stel)'. The tetal let seveFa!.le flermitlea fer all
BblildiAQ& SA tRe site tRail Rat exseed 45 pers8At 0f the tot31 lot ar-ea. He'....(ovor, if
strllstllre flarkiR!.llevel(s) is.'ar-e SellRtea teY/ams salslllatieR of tt:!e fleer area rotie tt:!eR
the tetal let se'leFa!.le flermittea fer all BllilaiRgs eR tt:!e site st:!all Ret exseea J5 peroeRt
of the tetallet area.
2. The floor area ratio shall be 0.40 at one stOry and shall be increased by 0.11 for
each additional stOry. Structure oarkina shall not count as Dart of the floor area. but
shall be counted in comoutina buildina heiaht. The total lot coveraae oermitted for all
buildinas on the site shall not exceed 40 oercent of the total lot area. The floor area
ratio shall not exceed 2.0 for all buildinqs in this district in conformance with the
Comorehensive Plan.
d. Setbacks: No parking areas shall be located within 30 feet of any residentially zoned
property or within ten feet of any street line. Fer flllrfleses ef tt:!is flaFa!.lFaflt:! €I.,
StrLIStllF9 flarkiR!.l iRserfleratea witt:!iR tt:!e builaiR!.l eRveleflo st:!all sellRt teY/am tt:!e
AblFRt.:Jer of star-jee:.
Front Yard: not less than 50 feet in deoth.
Street Side Yard: not less than 15 feet in deoth
Rear Yard: not less than 25 feet in deoth. Adiacent to any RS districts. the rear
yard setback shall be 30 feet in deoth.
1. These BblilEtiAg& '"Il/hass tet31 AblmtJer of &teriOE is aeallJeaR Z9m aRe tOR fleQFE,
iAclbldiRQ :.:lAY struGtl;;lre parkiRQ iRS8Ff)QFatee 'ij\'ithiR tt:l8 Bl;lilEliRQ BRvelepe, shall ha'/E) a
fr-oRt yara Ret less tt:!aR 59 feet iR aefltt:!. E'Jery fllat st:!all t:!ave a street siae yara ef Ret
less tt:!aR 15 feet aefltt:!. Evel)' fllet IlfleR v.'t:!ist:! a stFllstllre is t:!ereafter erestea st:!all
t:!ave a miRimllm rear yam ef 25 feet. ,A,EljaseRt te any RS aistrists tt:!e setBask st:!all ee
JQ feet.
Ordinance No. 2006-
Page 17
2. Tt-lese sblileinfjs wt-lese t(ltal Rblmser (If st(lries eXGeees teR fleers, iRGlbleiRfj
any strllstl,lre Ilarkinfj incorporatea witRin tRe l;lllilding onvelope, sRall Rave a fFent yard
Ret less tt-laR 59 feet iR eel'ltt-l. E\<ery I'llet st-lall t-la'/e a str-eet siee yam ef Rat less tt-laR
25 met iR (;jspth. ~'1/0ry fll0t b1J30R ':Jt:lict=l a &tFblcbue is hereafter ereetod &"311 A~r.'e :3
miRimllm rear yar~ of 25 feet. /'.eljaGeRt to any RS ElistriGts tRe setback sRalll;le J5 feet.
J. Tt-lese sl,lileiRfjs ...:t-lese t(ltal Rblmser of st(lries exceees 29 fleers iRGlbleiRfj
1iIAY strblctur-e l'larkiR!j iRSerl3erateEl within tRe l;lbliIEliR!l ElRvelol3e, sRall RaVEl a treRt yard
not less thaR <15 feet iR dOl'llt-l. EVory I'llot st-lall Rave a street siee yam ef Rat less tt-laR
<15 feet in del'llR. TRer-e is Re siee or rear yarEl selsaGk reElblir-ee for a I'llet whict-l is net
adjaGeRt to a street er alley. ^ siElo ana rear yaFEI setback ef <15 feet is F9qlliraEl ":Ren
ac;1jnserlt te 3 residaAtially z8Aec;1 district, &t(08t or alley.
e. Minimum open space: Minimum open space shall be 22 percent of the net lot area.
Landscaped open space may include entrance features, passive recreational uses
andlor pedestrian walkways. This minimum requirement may also include 50 percent of
roof decks and other above grade surfaces which are provided and maintained for the
common benefit of all occupants of the building. Water bodies may be used as part of
the required landscaped open space but such water areas shall not be credited for
more than 20 percent of the required open space.
1. These l3b1i1diA~E '!/Rose tetal nUFFlBer of stories it b()~VeeA zeFe and teA flGsrs,
inclul:JiA€I flAY struCtblFe8 parkiAg iACBrf)GF3ted \.~.(ithiA the BblildiRQ 8Avolope, shall R3ve a
miRimblm OI'lOR sl'lase ef 22 l'lersoRt ef tRe Ret lot area. If strblGtblF9 l'larkiRfj le\'el(s)
is/:Jre COblRtea te\vaFds calCblI3tisA af tRG fleer 3Foa ratie, theA tRB latal miAimblm
laRElsGal'lee ol'leR sl'laGe r-eElblireEl st-lall se 25 l'leroeRt of tt-le tetallet area.
2. These BblildiAQE wRose tetal Ablmber of sterie€ eXCge(;j€ teA f.lOOF€, iAclblding flAY
€tfl;lstl;Jred (33rking iAseF(30fated ':IithiA the BblilEliAg 9AVole(3e, €hall have :] miAiml;lm
el'len sl'laGe of 25 persoRt ef tt-le Ret lot area. If strl,lGtblF9 l'larkiRfjle'lel(s) isiare seblRteEl
towams salsbllatieR ef tt-le floer area ratie, tt-lOR tt-le tetal miRimblm laRElsGal'le9 el'leR
sllase reElblireEl sRall be 211ller-seRt ef tRe tetallet area.
a. Development and redevelopment shall be subiect to the criteria set out in this
Section.
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession associated with the hospital. This
zoning district may be applied to land designated Business and Office on the City's
Future Land Use Map, however the uses within this district shall be consistent with, but
may be more restrictive than, the corresponding Business and Office category
permitted uses.
Ordinance No. 2006-
Page 18
(2) Conditional Use. The following uses if first approved as a conditional use:
b. Multi-family residential uses with a maximum densitv of 25 dwellina units per aross
acre.
(4) Site development standards.
b. Maximum height: No building or structure, or part thereof shall be erected to a height
exceeding taR twelve stories, or -'l-79 120 feet overall maximum height, including
structure parking, llRless etRel'wige s~esifieEl iR tRis geeliaR. Far ~llr~eses af tRis
~aFa!lFa~R b., stNstllFe ~arkiR!l sRall Rat 90 sallRtoEJ iR sam~lltiR!l Rllmger af steFies bllt
e:hall Be GQI;.IRtea in cOffiJ:)l;Iting ever-all FRaximum heigt:lt.
c. Setbacks: No parking areas shall be located within 30 feet of any residentially zoned
property or within ten feet of any street line. Far ~llr~aSeg af tRis ~aFa!lraph e.,
IStrl:.lGtl;Jfe flarking incerpomtea VJithiR iRe builEtiAg 8Avel0fl9 shall GQI;IAt tO~"Jard tho
nldFRBer af e:taries.
Front yard: not less than 50 feet in depth.
Street Side yard: not less than 20 feet in depth.
Rear yard: not less than 25 feet in depth.
1. These bl:.lilEJiAge: '"vheE9 total numBer af Etaries is o9M'oaR zero aRa teA floere:,
inclblaing aAY e:truGtblFO f)3rkiRg iAserflsfatea 'Nitt:liA tt:la Bl;lildiAg 9nvelap9, GRail have :1
front yaFEl Aet less tRaA 59 feat iA EJefltR. Evel)' ~Iet sRall Rave a str-eet siEJe yaFEl af Rat
less thaA 20 feet iR EJa~th. E'lel)' ~Iat ll~an whish a stNelllre is her-eafter er-eeleEJ shall
t.'lave :I miAiFFll;lfR Fear yare at 26 feot.
2. These BblilEJing& ':these tstal AloIFRber at stories iE 13et\veen 11 :lAd 2Q flaOFE,
incll:JdiAg nAY stFblctblre f)3rkiAg iAGar13aratea v.(ithiA the sbliI(;tiRQ envelepo, &l:Iall l:Iave :3
fFeRt yaFEI Rat less thaR 50 feet iA EJe~th. E'Iary ~Iat shall have a street siEJe yaFEJ ef Aat
19&& tl:laR 3Q teet iR eeJ3tl:l. Every plat b1J3aR vJl:licn :3 strblGtblFe is l:Ier9aftsr areete(;t &1:1311
ha\'e a miRiml;lfA rear yar:G at 30 feet.
3. Tl:lase bblileiRQ& 'J..~hese tetal RblfASer af sterie& eXegee& 20 ~e()F&, iRclblfiing
aRY EtFl:Jct1;Jre psrkiRg iRoarflarated ':/ithin the bl:JildiRg eR',:oleflo, shall havQ a R"GRt yaFEI
Rat less thaR 65 feet iA EJe~th. Ever; ~Iet shallha'le a street siEJe yaF<1 of Rat less thaR
45 feet in EJe~th. Every plet llpon whisR a stF(,lstllre is hereafter emsteEJ shall Ra\'e a
miRimllm mar yaFEJ af 45 feet.
Ordinance No. 2006-
Page 19
4..L For those properties lying between NE 206 Street to the south, NE 209
Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the
following standards shall apply:
a. No parking areas shall be located within 30 feet of any residentially zoned
property of within ten feet of any street line.
b. Minimum front yard setback shall be ten feet in depth for the first two stories
of the structure and 15 feet in depth for any additional stories.
c. Minimum street side yard setback shall be ten feet in depth for the first two
stories and 15 feet for additional stories.
d. Minimum rear yard setback shall be ten feet in depth, except that the
minimum yard setback from Biscayne Boulevard in this district shall be 25 feet in depth.
d. Floor area ratio and lot coverage and minimum landscaped open space
requirements: Fer pyrpeses ef tl:1is para€!Fapl:1 d., stFl,jstyre parkiA€! sl:1all Aet SeYAt as
paR at tRe fleer arc:!, 81;1t FRay Be C0b1Ated to\f.(aF8 salsl:JlatieA af tho f.loor 3Foa 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. Fer tl=les8 Bl;IildiAgE 'Nitl:l zero 3d parseR! af the requires parkiAg h;>>c3teEl 'Nitt:liR a
parking stru&tyr-e: Tl:1e fleer ar-ea Fatie sl:1all Be g.4 9 at eAe stery aAe sRall Be iAsreasee
BY 9.11 fer easl:1 aeeitieAal stery. Tl:1e tetal let savera€!e permittee fer all BYileiA€!s eA
tl:1e site sl:1all Aet eXGeee 49 peFGeAt of tl:1e tetallet aroa. TI:1e total miAimum laAessapee
open spaoe raEjYiree sl:1all Be :n perGeAt ef tl:1e total lat area. However, if strl,Jstyre
parkiA€!level(s) ie:.'ar-e GOYRtee tev/ar.es salGl,JlatioR of tl:1e fleer area ratia tl:1eA tl:1e tatal
lot Gavera€!e permitted fer all BYileiA€!s OA tl:1a site sl:1all AOt exseee Jil perGent of tl:1e
tatallot ar-ea. MeitioAally, tl:1s tatal miAimlclm laResGapse opeR spaGe FeEjYiree sl:1all Be
J5 flemeRt of tl:1e tetallet ar-ea.
J. Fer tl:1ese BYileiR€!s wltl:1 JJ pSFGSRt illl per-GeRt of tl:1e reEjYir-ee parkiR€! lesatee
within a parkiR€! strYGtyre: Tl:1e fleer ar-ea Fatle shall Be gAg at eRS stery aRe sl:1all be
iRsroasse BY 9.11 for easl:1 aeeitieRal stery. Tl:1s tetal let oO'lsr-a€!e permittee fer all
BYilelR€!s eR tl:1e site sl:1all Rot exssed 40 peFGeRt ef tl:1e tetal let ar-ea. Tl:1e tetal
miRimym lanessapee epeR sflase reEjYiree sl:1all be Je perseRt ef tl:1e tetal let area.
I-Iewe'ler, if stRlstl,Jre parkiR!llevel(s) ie:.'ar-e ommtee te'Nams oaloulatieR ef tl:1e fleer area
ratle tl:1eR the tetal let seveFa€!e permittee fer all BYileiR€!s eR the site sl:1all Ret exoeee
J5 perseRt ef tl:1e tetallot area. AeeitieAally, tl:1e tetal miRimum laResGapee opeR spase
Ordinance No. 2006-
Page 20
r-oEl\lireEl shall Be J7 llerseAt ef the tetallet area.
4. Fer these B\lilEliA€ls with Illl llerseAt 1 gQ ller-seAt of the FeEl\lireEl llarkiA€llesateEl
'.\'itl=l :] f)3rkiA€) GtruGti;ire: Tt:1e floer Clren ratio st:lall be 0.49 nt ena stary and st:1all be
iASFeaseEl BY 9.11 fer aash aElElitieAal stery. The tatal let cavere€le llermitteEl fer all
B\liIEliA€lS aA the site shall Aet exseeEl 45 llerGeAt et the tetal let area. The tetal
miAim\lm laAElssallaEl elleA sllase reEluir-oEl shall Be JQ l3erseAt af the tetal lot ar-oa.
Fle~"/evor, if EtNGtblF9 parkin€) level(€) is.'::lFO GOl::JRtea to':I3F9S ealGblI3tieA af the fleer area
retia theA tha tatal let savere€le llarmitteEl fer all B\liIEliA€lS eA the site shall Aet exseeEl
J5 lleHleAt af the tetallat ama. .'\ElElitioAally tAG total miAim\lm lanElssalleEl aile A sllase
req\lirGEl shall Be 4g llereeAt at the t9tal19t area.
& 2. For those properties lying between NE 206 Street to the south, NE 209 Street
to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the
following standards shall apply: The maximum 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 minimum landscaped open space required shall be 33 percent of the total lot area.
3. Minimum landscaped open space reauired shall be 33 percent of the total lot
area. The floor area ratio shall be 0.40 at one staN and shall be increased bv 0.11 for
each additional staN. Structure parkina shall not count as part of the floor area. but
shall be counted in computina buildina heiaht. The total lot coveraae permitted for all
buildinas on the site shall not exceed 40 percent of the total lot area. The floor area
ratio shall not exceed 2.0 for all buildinas in this district in conformance with the
Comprehensive Plan.
f. Development and redevelopment shall be subiect to the criteria set out in this
Section.
Sec. 31-145. Town Center Zoning Districts.
(a) Purpose. The purpose and intent of these districts is to provide suitable sites for the
development of structures combining residential and commercial uses in a well planned
and compatible manner. The uses within these districts shall be consistent with, but
may be more restrictive than, the corresponding Town Center Land Use Category
permitted uses. Residential densities shall not exceed 25 units per gross acre and
nonresidential densities shall not exceed a floor area of 2.0.
(b) Town Center District (TCt). The following regulations shall apply to all TC1 Districts:
_. -"---r-'-'-----' ..__....,~.._-_.._--_.-
Ordinance No. 2006-
Page 21
(3) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the B1 District.
c. Those uses permitted in the B1 District with increased floor area.
&.- d. Sale of alcoholic beverages for on-premises consumption except with meals.
Q,. e. Uses that exceed the height limitations, including parking structures.
&, L Aboveground storage tanks. Aboveground storage tanks (AST) only as an
accessory use and only for the purpose of storing fuel for emergency generators. ASTs
must conform to the following requirements:
1. Be of 550 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking
metal door or gate. Such wall shall be landscaped in accordance with the City's
Landscape Code.
4. Be located in a manner consistent with the site development standards of the
TC1 zoning district.
5. Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Manager or designee.
f, 9:. Floor areas that are less than the minimum floor areas required by the
provisions of 31-145(5)g hereof.
g,. h. Allocations of interior spaces other than as set forth in section 31-145(b)(7)
hereof.
R-, L. Structured parking that is not incorporated into the building envelope of a
primary use structure, as required by section 31-145(9) hereof.
h 1. Structured parking that can be seen from a primary use building and that does
not have the area of the top level landscaped and/or decoratively paved in order to
provide amenity areas for building occupants, as required by section 31-238 of the
Code.
}.- k. Driveways for mixed-use projects exceeding 20 acres in size with a separation
Ordinance No. 2006-
Page 22
of less than 150 feet of landscaped frontage as long as it is determined, as part of site
plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of the
Code, and;
2. Traffic studies indicate that a lesser distance between driveways does not
constitute a safety hazard to either vehicular or pedestrian traffic.
k.L. Off street parking that does not meet the requirements of section 31-171(b) or
(d) of this Code.
I.m. All uses permitted in the CF District.
m. All uses llermitteEl as aSGessel)' \lses in the CF, Cemm\lAity Fasilities Distrist
(10) Desian Standards. All development in the TC1 zonina district shall substantiallv
complv with the applicable "Town Center Desian Guidelines" as provided bv the City
Manaaer.
(c) Town Center Marine District (TC2). The following regulations shall apply to all TC2
Districts.
(12) Desian Standards. All development in the TC2 zonina district shall substantially
comply with the applicable "Town Center Desian Guidelines" as provided by the City
Manaaer.
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
Ordinance No. 2006-
Page 23
made a part of the Code of the City of Ayentura; 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.
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption at first reading. This motion was seconded by Commissioner
and upon being put to a 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
, who
The foregoing Ordinance was offered by Commissioner
moved its adoption at second reading. This motion was seconded by Commissioner
and upon being put to a yote 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
PASSED on first reading this 10th day of January, 2006.
Ordinance No. 2006-
Page 24
PASSED AND ADOPTED on second reading this 7th day of February, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPR~A~~ENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of February, 2006.
CITY CLERK
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
City Commission *
Er.ic M. Soroka, City Mager
-~
Harry M. Kilgore, Finance upp rt Services Director
TO:
BY:
DATE:
December 28, 2005
SUBJECT: Ordinance ReYising City of Ayentura Police Officers' Retirement Plan
January 10, 2006 City Commission Meeting Agenda Item f{.i'J
February 7,2006 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission approve the attached ordinance which
formally changes the employee contribution rate for the City of Ayentura Police Officers
Retirement Plan.
Backoround
Pursuant to Article 29, Section 1 (B)(d) of the collective Bargaining Agreement between the
City and the PBA, increases and decreases in contribution rates required to fund the plan
based on actuarial study would be split 50/50 during the life of the agreement. The total
increase pursuant to the actuarial study based on the plan year ended September 30,
2004 was 0.95% with the increased contribution effective October 1, 2005. Therefore, the
City contribution was increased by 0.475% as was the employee contribution.
The specific proYisions of the pension plan approyed in principle by Article 29 of the
Collective Bargaining Agreement are codified in Chapter 36 of the Code of Ordinances of
the City of Aventura. Section 36-36 of the Code requires that the Code be amended by
Ordinance to change the employee contribution rate. This ordinance satisfies that
requirement.
Based on the foregoing, I recommend approyal of the amending ordinance.
HMKlmn
ORDINANCE NO. 2006-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 36 "RETIREMENT", AT ARTICLE II "POLICE
PENSION PLAN AND TRUST FUND", BY AMENDING
SECTION 36-36 "RATE OF CONTRIBUTION";
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, Section 36-36 (Rate of Contribution) of the Aventura Code requires
that, to the extent that any changes are required in the member contribution rate, a
separate amendment shall be required to reflect the revised member contribution, and;
Whereas, the member contribution rate is required to be amended from 6.3% to
6.775% effective October 1,2005.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recital stated above is hereby adopted
and confirmed.
Section 2. Citv Code Amended. That Section 36-36 "Rate of Contribution" of
Chapter 36 "Retirement" of the City Code is hereby amended to read as follows: 1
Sec. 36-36 Rate of Contribution
The City contribution, effectiye October 1, 2003 shall be 14.5 percent of covered
payroll. The employee contribution rate shall be six aAEl three teAths llerseAt 6.775%
(six and seven hundred seventy five thousandth percent) effective October 1. 2005.
1 Proposed additions to existing Ordinance text are indicated by underlinina; proposed deletions from
existing Ordinance text are indicated by stfik9IRf9~!lR.
Ordinance No. 2006-
Page 2
The assumed rate of Chapter 185 insurance premium tax rebates shall be five percent
of covered payroll. Future contribution increases or decreases in the plan shall be
shared equally between the employees and the City through September 20, 2005.
Consistent with the requirements of F.S. 112.66 and 185.07, the City shall contribute
the amount necessary to maintain the plan on an actuarially sound basis. To the extent
that any changes are required in the member contribution rate, a separate amendment
shall be required to reflect the revised member contribution.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Ayentura; that the sections of this ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. This Ordinance shall become effective immediately upon its
adoption.
Ordinance No. 2006-
Page 3
The foregoing Ordinance was offered by Commissioner
who moved its adoption at second reading. This motion was seconded by
Commissioner
, upon being put to a yote, the yote 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
The foregoing Ordinance was offered by Commissioner
who moved its adoption at first reading. This motion was seconded by
Commissioner
, and upon being put to a yote, 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
Ordinance No. 2006-_
Page 4
PASSED AND ADOPTED on first reading this 10th day of January, 2006.
PASSED AND ADOPTED on second reading this 7th day of February, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
y~
CITY ATTORNEY
CITY OF A VENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM:
Eric M. Soroka, City
~ore, Fi n
rt Services Director
BY:
DATE:
November 10,2005
SUBJECT: End of Year Budget Amending Ordinance
1st Reading November 17. 2005 City Commission Meeting Agenda Item~.
2nd Reading Januarv 10. 2006 City Commission Meeting Agenda Item a--
Recommendation
It is recommended that the City Commission approye the attached ordinance amending the
200412005 budget.
Backaround
As you are aware, we are in the process of closing the books for the 200412005 fiscal year. We
are now to the point where we can formally amend the budget so that the adopted budget
contains appropriations sufficient to cover all actual expenditures. The process is called the end
of year "clean up" amendment and is done as a matter of course each year.
In prior years, we have processed the end of year amendment for inclusion on the February and
March agendas. However, Section 166.241 was reyised by the 2004 legislature to require that
all budget amendments be made "within up to 60 days following the end of the fiscal year."
While this requirement is logistically impossible to comply with, especially this year with
hurricanes in August, September and October, we are attempting to comply by having the first
reading of the Ordinance before the November 29, 2005 deadline.
The only fund requiring amendment is the General Fund. Only those departments where their
total department budget was overspent are included on the amendment. In like manner, we
only amend revenues by a total amount equal to the total required amendment to expenditures.
The general reason that necessitated the amendment will be discussed for each department.
The City Commission budget requires amendment because we neglected to calculate FICA on
expense accounts ($4,000), the amount for memberships was $2,000 higher and we incurred
more other expenses due to the election of four (4) new elected officials. Unfortunately, the
calculation error for FICA was duplicated in the 200512006 budget and may require later
amendment. The amount budgeted for 05/06 for membership included the increase.
The Legal Department budget requires an increase of $90,000 due to greater than expected
litigations as well as the costs associated with researching and preparing the required
documents for the moratorium.
Page 2
Memorandum to City Commission
End of Year Budget Amending Ordinance
The City Clerk Department requires a $20,000 additional appropriation because election
expenses were greater than projected, primarily due to the runoff election for Mayor and
Commission Seat 2.
Public Safety (Police) Department requires a revision of a total of $300,000. Of this amount
$100,000 is due to the unexpected increase in gasoline costs and a total of $200,000 is required
to pay for overtime and fringe benefits primarily due to Hurricanes Katrina and Rita. A portion of
these costs will be recovered from FEMA.
For Community Development, an increase of $640,000 was required to pay for building
inspection services by CSA Southwest due to the extremely high level of building activity during
the year. Additional revenues of $850,000 offset this increase in expenses.
The Community Services Department requires an additional $140,000 due to high utilization of
recreation programs and special events. This amount is offset by reyenues associated with
charges to participants in these programs.
Non-Departmental requires an additional $400,000 primarily due to hurricane related expenses
for contractor's services relating to Hurricanes Katrina and Rita. A portion of these costs will be
recovered from FEMA.
Capital Outlay for Community Services requires the addition of $500,000 for Lighting
Improvements to reflect costs of the Lighting Contract for William Lehman Causeway. This
amount is exactly offset by grant revenues pursuant to a Joint Funding Agreement with the
State.
Capital Outlay/Charter School Construction requires the addition of $40,000 and was due to
additional security necessary at the Middle School.
As discussed earlier, the vast majority of the increase in costs are wholly or substantially offset
by increased reyenues. For example, the increase of $640,000 for Community Deyelopment is
offset by higher revenues of $850,000 for building permit fees. For those expenses not directly
offset by revenues, I identified one of the unrestricted revenues that was greater than budgeted.
Since the majority of the increase in expenses are offset by increases in reyenue, this
amendment will have no significant impact on the 2005/06 or future years' budgets. The
amount of the projected carryover which is included in the 2005/06 budget will be substantially
the same as the actual carryover, once all transactions are recorded and financial statements
prepared.
Based on the foregoing, I recommend approval of the Ordinance.
HMKlmn
ORDINANCE NO. 2006_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2004-15 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2004/2005 FISCAL YEAR BY REVISING THE
2004/2005 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "An ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2004/2005 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2004-15, which Ordinance adopted a budget for the 2004/2005 fiscal
year, by reyising the 2004/2005 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Ordinance No. 2006-_
Page 2
Section 4. Effective Date. This Ordinance shall be effectiye immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and
upon being put to a vote, the vote was as follows:
Commissioner Zey Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
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 Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 17th day of November, 2005.
2
Ordinance No. 2006-_
Page 3
PASSED AND ADOPTED on second reading this 10th day of January, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
f~
CITY ATTORNEY
3
Budget Amendments
GENERAL FUND
Exhibit A
~~,Jif;~i..trf1- . '.:~,
OBJECT. .". ....
CODE.::~c~i.r'".CAiEGi:>RY
Revenues
Locallv Levied Taxes
3131000 Franchise Fee Electric
SUBTOTAL
1.730.000
1,730,000
Licenses & Permits
3221000 Building Pennits
SUBTOTAL
1,850.000
1,850,000
Intergovernmental Revenue
3312910 Federal GrantslFEMA
3343902 State GrantslJPA Lehman Cswy Ughting
SUBTOTAL
Charaes for Services
3475000 Special Events
3472500 Community Center Fees & Memberships
SUBTOTAL
Total Amendments-Revenues
Expenditures
2101
5290
5410
City Commission
FICA
Other Operating Supplies
SubscriptionslMemberships
SUBTOTAL
4.208
3,000
5.600
12,808
3120
Leaal
Legal Fees
SUBTOTAL
230,000
230,000
4915
City Clerk
Election Expenses
SUBTOTAL
35,000
35,000
208,000
208,000
850,000
850,000
o
o
440,000
500.000
940,000
40,000
100,000
140,000
$2.13'8,000
4,000
2,000
2,000
8,000
90,000
90,000
20,000
20,000
1,938,000
1,938,000
2,700,000
2,700,000
440,000
500,000
940,000
40,000
100,000
140,000
8,208
5,000
7,600
20,808
320,000
320,000
55,000
55,000
Exhibit A
GENERAL FUND (CONTINUED)
~..~I,"'W .,'7~''''''''''', '91<" ""''''".,,~!S ""r;t~'~"""'i!""~~""'!1't' 2.' 00."05 ---"'~~20-0~0.5""""""'''''~2Ob4/05'
-'-. . -,: c-'-" -_-.-~ ~ :t~"':_';,,-_i.i,>:' :-,::~l~-:'C'~~'~}fJ"M:-':':~-s:',1'>'::,~~~,; :~A:~""::-_ ;i:~'-<~f' ;,')t"",~:,-~.~.< '"If'; "::",,:':f---' . _ '_' <~~-,-;_::'~': _ _ '
OBJECT .. ;1'" .,. ...',- .;"'."""..""r'.f'~ I', ,', ,.'1 "K'I".' "ADOPTED' .~~,. AMEN' OED ,'.. ..REVISEDJ
- :~-. i'~- >:'",;: ',-:', -:'~-:< ,',_; - ::-'~:":~~:-'::~' '~;'~~"~~'~:<:_ __".i':;~":.:t"':-;.,,;;_:~t_/""::7 ',., >,;< ", .'~:--', ;
CODE ..< CATEGORY . ,.; <",,' .... ,,1 BUDGET .' ; ,AMOUNT . BUDGET!
Expenditures
Public Safetv
Overtime
FICA
Retirement
Workers Comp
Gas & Oil
SUBTOTAL
1401
2101
2201
2401
5220
3101
4851
5904
6307
6307
300,000
389,359
726,721
366,283
90,000
1,872,363
Community Development
Building Inspection Services
SUBTOTAL
1,250,000
1,250,000
Communitv Services
Culture/Rec Programs
SUBTOTAL
Non Deoartrnental
Hurricane/Storm Expense
80,000
80,000
CaDital OutIav/Comm serv
Lighting Improvements
SUBTOTAL
200,000
200,000
CaDitaI OutIav/Charter School Const
Charter School Constr. Middle Sch
SUBTOTAL
4,100,000
4, 1 00,000
Total Amendments-Expenditures
o
o
150,000
11,000
22,000
17,000
100,000
300,000
640,000
640,000
140,000
140,000
400,000
400,000
500,000
500,000
40,000
40,000
$2.138,000
450,000
400,359
748,721
383,283
190,000
2,172,363
1,890,000
1,890,000
220,000
220,000
400,000
400,000
700,000
700,000
4,140,000
4,140,000
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
CITY COMMISSION .
Eric M. Soroka, ICMA-CM, City - - ~ e
David M. Wolpin, City Attorney (~
FROM:
DATE:
January 2, 2006
SUBJECT:
Resolution Authorizing Charter Amendment Election
January 10, 2006 City Commission Meeting Agenda Item -1-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing a Charter
Amendment election to be held on Tuesday, March 21, 2006, by mail ballot procedure, to enable
the electors of the City to approve or reject the two proposed Charter Amendments submitted by
the City's Charter Revision Commission.
BACKGROUND
Pursuant to City Charter Section 7.06, the Charter Revision Commission has carefully reviewed
the existing City Charter and has submitted a report to the City Commission providing for two
proposed Charter Amendments to be considered by the electors of the City.
The Charter Amendments provide for a four year break in service before resmning service as
Mayor or Commissioner after reaching the maximmn length of consecutive service; and
eliminates run off elections for Mayor or Commissioner.
Pursuant to City Charter Section 7.06, the City Commission is required to present the proposed
Charter Amendments to the electors of the City at a date which is not less than sixty (60) days or
more than one hundred fifty (150) days after submission of the proposed Charter Amendments to
the City Commission.
Section 5.03 of the Miami-Dade County Charter, which applies to Municipal Charter
Amendments, provides that Charter Amendment elections shall be held no sooner than sixty (60)
days and no later than one hundred twenty (120) days after the adoption of a City Commission
Resolution providing the Charter Amendment provisions.
In order to comply with both of these time requirements, it is recommended that at the January
10, 2006 City Commission meeting the City Commission adopt the enclosed Resolution which
provides for the Charter Amendment election to be held on Tuesday, March 21, 2006. This date
has been approved by the Miami-Dade County Supervisor of Elections Office, as required by
law.
Additionally, the proposed Resolution provides that the statutory mail ballot procedure be
utilized for this Charter Amendment election, in lieu of voting at polling places. The Miami-
Dade County Supervisor of Elections will administer the mail ballot election in accordance with
the Mail Ballot Election Act. Use of the mail ballot procedure serves as a convenience to the
electors of the City and results in a cost savings of $10,000 for the City. In addition, if a mail
ballot was not utilized, with the loss of the Library precinct due to hurricane damage, the polling
site would have to be re-located which could prove to be confusing to the voters with such a
short notice.
If you have any questions, please feel free to contact us.
DMW/ajj
Attachment
F:/328.060/Agenda MemoslMemo Resolution Authorizing Charter Amendment Election 12.27.05
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER AS PROVIDED
BY THE CHARTER REVISION COMMISSION, IN
ACCORDANCE WITH SECTION 7.06 OF THE CITY
CHARTER; SUBMITTING PROPOSED CHARTER
REVISIONS CONCERNING SECTION 2.03 "ELECTION
AND TERM OF OFFICE" AND SECTION 5.01
"ELECTIONS"; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD
ON TUESDAY, THE 21ST DAY OF MARCH, 2006;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision
Commission has determined that certain revisions are needed to the City Charter and has by
report of December 16, 2005 submitted the proposed amendments of the City Charter (the
"Charter Amendments") to the City Commission; and
WHEREAS, pursuant to Section 7.06 of the City Charter, the City Commission is
required to submit the Charter Amendments to the electors of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Charter Amendments. That pursuant to Section 7.06 of the City Charter
and Section 5.03 of the Miami-Dade County Charter, the City Charter of the City of Aventura,
Resolution No. 2006-
Page 2
Florida, is hereby amended by amending the City Charter Sections described below in Parts A-
B, to read as follows:'
Part A.
That Section 2.03 "Election and Term of Office" of the City Charter, is
amended by revising paragraph (c) "Limitations on Lengths of Service" of this section, to read
as follows:
(c) Limitations on Lengths of Service.
No person shall serve as Mayor for more than two consecutive
elected terms. No person may serve on the Commission for more
than two consecutive terms. No person may serve as a combination
of Mayor and Commissioner for more than eight consecutive years.
Service shall be deemed to be consecutive unless there is an
intervening four-vear period during which the individual does not
serve as a Commissioner or Mavor (the "Break in Service"). Any
person serving the maximum amount of time as Mavor must have a
four vear Break in Service before serving as a Commissioner. Anv
person serving the maximum amount of time as a Commissioner
must have a four vear Break in Service before serving as Mayor.
Anv person serving the maximum amount of time as a combination
of Mavor and Commissioner must have a four year Break in Service
before serving as Mavor or Commissioner. This Break in Service
reQuirement shall be applicable onlv prospectivelv and shall applv to
any person who after the effective date of this Break in Service
provision reaches the maximum limitation on length of service
which is provided herein. No candidate mav run for either the
office of Mavor or Commissioner when, if elected. the person
would exceed the limitations on service set forth in this paragraph
bv anv length of time taking into account the full regular term for
the office sought.
1 I Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by .trikethrellgh.
2
Resolution No. 2006-
Page 3
Part B.
That Section 5.01 "Elections" of the City Charter is amended to read as
follows:
Section 5.01. Elections.
(a) Electors. Any person who is a resident of the City, has
qualified as an elector of the State and registers to vote in the
manner prescribed by law shall be an elector of the City.
(b) Nonpartisan elections. All elections for the offices of
Commissioner and Mayor shall be conducted on a
nonpartisan basis.
(c) Election dates. A general election shall be held in each
odd-numbered year, on the first Tuesday in March. A TUft
aff eleetieH, if Beeessary, shall be Bela 8ft IDe thirEt T1:lesaay
ia Alftfeft.
(d) General election. The ballot for the general election shall
contain the names of all qualified candidates for Mayor if the
Mayor's term is expiring and for each of the three
Commission seats which are to be filled as a result of three
Commissioners' terms expiring, and shall instruct electors to
cast one vote for Mayor, if applicable, and one vote for each
Commission seat, with a maximum of one vote per
candidate. If IIII)' elHldidllte for Mayer reeeives a fttIlftber Bf
vetes grellter thllfi SO% ef tile tetal fttImiJer Bf Ballets east,
SHeil e!lfldid!lte shall Be the dH1y e1eeted Mayer, aod ftS TUft
eff e1eetieft fer Mayer shall be ref/Hired. If any ellfldidllte(s)
fer a CaftlJRissioH seat reeeh'e(s) a ftl:lIft6er ef vates greater
thaft 50 % ef tile tsml fttIlftBer ef ballets east, slleh
e!lfldidllte(s) shall Be ffit1y elected kl the Ceftlffiissieft amI fte
mft eff e1eetieft fsr tIlllt Cemrnissieft sellt(s) slillll Be
reflHired.
fet Run aft eleefiall. The ballet fsr tile TUft erf eleetisft shall
eefttftift the ftllffieS ef tile twe elHltlidates fer Mayer, if
lljll"lieallle, IIfId tile ftlIHl.eS ef the twe ellfldidates fer eaeh
3
Resolution No. 2006-
Page 4
CemmissioB seat -.riM reeeiyea IDe ffiast vales in the genefal
eleetieH. The ballet 3MB imtftlet eleet6fs 16 ea,:it eRe -;ate
Fer Afsyef ana 18 east eRe vote rer eaeh. C6fflffli33i6B seat,
with a ffilIllilflllffi sf SIle v€lte fler eatitlidllte. The candidate
for Mayor receiving the most votes shall be the duly elected
Mayor. The candidate for each Commission seat receiving
the most votes shall be duly elected to that Commission seat.
f!) {tl Special elections. Special elections, when required, shall be
scheduled by the Commission at such times and in such
manner as shall be consistent with this Charter.
W ill Single candidates. No election for Mayor or any
Commission seat shall be required in any election if there is
only one duly qualified candidate for Mayor or for any
Commission seat.
W W Absentee votes. Absentee voting will be permitted as
provided by the laws of the State and under such conditions
as may be prescribed by ordinance from time to time;
provided, however, that no ordinance shall limit the right to
vote by absentee ballot available under State law.
fit ill Commencement of terms. The term of office of any elected
official will commence following the election for such
elected office, as provided by ordinance of the City.
Section 2. Election Called. That a special election is hereby called, to be held on
Tuesday, the 21st day of March, 2006, to present to the qualified electors of the City of
A ventura, the ballot questions provided in Section 3 of this Resolution.
Section 3. Form of Ballot. That the form of ballot for the Charter Amendments
provided for in Section 1 of this Resolution shall be substantially as follows:
1. Requirement for Break in Service as Mayor or Commissioner.
The City Charter currently provides for a limitation on the consecutive
length of service as Mayor or Commissioner, but does not specify any
4
Resolution No. 2006-
Page 5
required break in service before resuming office. It is proposed that the
Charter be amended to provide for a four year break in service before a
person may again serve as Mayor or Commissioner, once the maximum
length of consecutive service has been reached.
Shall the above-described Charter Amendment be adopted?
[] Yes
[] No
2. Elimination of Run Off Elections for Mayor and Commissioner.
The City Charter currently provides for both general elections and run
off elections for Mayor and Commissioner. It is proposed that the
Charter be amended to eliminate run off elections and to revise the
method of election from a majority vote requirement to a system by
which the candidate for Mayor or a Commission seat who receives the
most votes in the general election is elected.
Shall the above-described Charter Amendment be adopted.
[] Yes
[] No
Section 4. BalIotine. That mail ballots, as prescribed by Section 101.6101-101.6107,
Florida Statutes, shall be used in this special election. All qualified City electors who are
timely registered in accordance with law shall be entitled to vote. The City Clerk is authorized
to obtain any necessary election administration services from the Miami-Dade County
Supervisor of Elections. The County registration books shall remain open at the Office of the
Miami-Dade County Supervisor of Elections until February 20, 2006, at which date the
registration books shall close in accordance with the provisions of the general election laws.
5
Resolution No. 2006-
Page 6
The Miami-Dade County Supervisor of Elections is hereby authorized to take all appropriate
action necessary to carry into effect and accomplish the provisions of this Resolution. This
special election shall be canvassed by the County Canvassing Board unless otherwise provided
by law.
Section 5. Notice of Election. That notice of said election shall be published in
accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within the
City at least 30 days prior to said election, the first publication to be in the fifth week prior to
the election (to-wit: during the week commencing Sunday, February 12, 2006), and the
second publication to be in the third week prior to the election (to-wit: during the week
commencing Sunday, February 26, 2006), and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA. FLORIDA
(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE CITY ON
TUESDAY, THE 21ST DAY OF MARCH, 2006, BY MAIL
BALLOT, AT WHICH TIME THE FOLLOWING CHARTER
AMENDMENT PROPOSALS SHALL BE SUBMITTED TO
THE QUALIFIED ELECTORS OF THE CITY.
1. Requirement for Break in Service as Mayor or Commissioner.
The City Charter currently provides for a limitation on the consecutive
length of service as Mayor or Commissioner, but does not specify any
required break in service before resuming office. It is proposed that the
Charter be amended to provide for a four year break in service before a
person may again serve as Mayor or Commissioner, once the maximum
length of consecutive service has been reached.
6
Resolution No. 2006-
Page 7
Shall the above-described Charter Amendment be adopted?
[] Yes
[] No
2. Elimination of Run Off Elections for Mayor and Commissioner.
The City Charter currently provides for both general elections and run
off elections for Mayor and Commissioner. It is proposed that the
Charter be amended to eliminate run off elections and to revise the
method of election from a majority vote requirement to a system by
which the candidate for Mayor or a Commission seat who receives the
most votes in the general election is elected.
Shall the above-described Charter Amendment be adopted.
[] Yes
[] No
The full text of the proposed City Charter Amendments is available at the
office of the City Clerk located at 19200 West Country Club Drive,
Aventura, Florida 33180.
City Clerk
Section 6. Copies. That copies of this Resolution proposing the Charter Amendments
are on file at the offices of the City Clerk located at 19200 West Country Club Drive,
Aventura, Florida 33180, and are available for public inspection during regular business hours.
7
Resolution No. 2006-
Page 8
Section 7. Effectiveness. That the Charter Amendments provided for in Section I
above shall become effective if the majority of the qualified electors voting on the specific
Charter Amendment vote for its adoption, and it shall be considered adopted and effective
upon certification of the election results. Following adoption of the Charter Amendments, the
City Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of
Miami-Dade County, Florida.
Section 8. Inclusion In The Charter. Subject to the requirements of Section 7 above,
it is the intention of the City Commission and it is hereby provided that the Charter
Amendments shall become and be made a part of the Charter of the City of A ventura; that the
Sections of this Resolution may be renumbered or relettered to accomplish such intention.
Section 9. Effective Date of Resolution. That this Resolution shall become effective
immediately upon adoption hereof.
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 Urbilez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
8
Resolution No. 2006-
Page 9
PASSED AND ADOPTED this 10th day of January, 2006.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~
City Attorney
9
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OCTELMA V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k1a 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 A VENTURA
NOTICE OF PROPOSED ORDINANCE
in the XXXX Court,
was published in said newspaper in the issues of
11/18/2005
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 tpis advertisement for blication in the said
newspapeP(
~
Sworn to and subscribed before me this
18 day of NOVEMBER
,A.D. 2005
~~/ 7?1~
(SEAL)
, _~ ~_ Cheryl H Marmer
OCTELMA V. FERBEYRE pers,:",~~0~fN&n~1SSion 00338559
,\:'f'.f Expires July '8, 2008
Wf"
".."l;~-'
'.4'.
(",':""-, ',(.' ,-. - :J
,. ".Crn;.~~~RA.
~=.,~_...._.~
,NOTICE IS HE~~y,GlVflr;Ul'laton TuesdaY, the 10thday ofJ~I)l.
2006 at a ~ .oUhe QtyCPmmissi\)n of the City 9f Aven~ tQbe
held at 6:00 p.m.jn tbe.CQmmission ChamfbeAvemtura'Govemment
Center, 19200 WlISt Col.!!WY C11.1b OriII!e, A ra, Florida, the City
Commission 'hiN ~r the Iildoption of folio I'IIl Ordinanoe.. on
second readinQj entIJI~: I I -
AN OR~' OF THE CITV cg ION' 0 I THE CI'1'Y OF
AVENTURA. c:$IDA. AMENDING OR NA I NO. 2004-15
WHICH E "ADOPTED A B DGET FO . J!.t!t:. 2OO4r.lOO5
FISCAL YE BY REVISING THE, ' I"I5CAL YEAR
OPERATING ~'NOCAPITAI,. 8tJ~ET AS OUTU IIN EXHIBIT RAR ;
ATTACHED H I Ai.riH()R1ZING ntE c AGER TO D'O;
ALL THINGS SSARY TO CARRY OUT MS OF THIS
ORDINANCE; . OVIDlNG FOR AN EFFlEcnYE A
. .'
lhe.proposedcbrciinance maybe i~by the
the City Clerkj 19200 West Country lCiub'PriVE!,
.Interested parti~s may appear atthePubuctieariqg. ,-
respect to tha.proposedOrdinance. Any!pldon .
City Com~ on any itematthis publicHearin~
Mayor opens the putllicheari~:'>: .!
In aCCOrd~iWith the AmerfcaJ1s w'.~i1i~e$Mof 199Q,~U
persons who'~re disabled and who ne . "special I 'mmodations'to .
participate in thlsproceeding~use of t4lSabiljty tl1d c::ontactthe
Office. of the~ Clerk, 305-466-8901, n laterth~n btlsiness days'~
prior to such p~~ngs.
c at the Office-of .
entura, Florida..
d betieard with.
: to address the
y do so after the
Ifaperson~.toappeidartydeCitl... byl
witb respect tj) any matter considered at . meeling 0 h
<~need a'~nM'tneP~s'.. ..... :~such .
ensure that a,~rbatim record of tIie~. .. dings It'
includes the ~..s.tim any alld eVidericeu..,..on which th..
based.'].....
.1" I
. ! Teresa M. Soroka,
11/18' .,
: . ,. CQrriMISsion .
ring, that person
h'-~to
,Which record
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MiamiHerald.com I THE MIAMI HERALD
WORLD
20A 1 WEDNESDAY, DECEMBER 28, 2005
TRANSITION IN IRAQ
Shiites, Kurds explore deal
55, the main Sunoi Arab
groups about SO and the secu-
lar bloc headed by former
Prime Minister Ayad Allawi, a
Shiite, about 25.
"Our goal is to have a part-
nersblp government that
enjoys a wide base of sup-
port," Hakim said..
Asked about claims by
Sunni Arab groups and secular
Shiites that the Dec. 15 poll
was tainted by fraud,. Halrim
said, "We have agreed on this
with our brothers in the Kurd-
ish coalition. It is impossible
to annul the election results or
to hold new elections. We
don't accept lhis. ..
MOl'e than 10,000 people
demonstrated in Central Bagh-
dad demanding tbat an inter-
national body review more
than I.500 complaints. warning
they may boycott the new leg-
islature. They also want new
eLections in some provinces,
including Baghdad.
U.N_ OPPOSES REVIEW
Two Sunni Arab groups
and AUawi.s Iraqi National
List have threatened a wave of
protests and civil disobedi-
ence if fraud charges are not
properly investigated.
But the United Nations has
rejected an outside review,
and Hakim said his bloc and
the Kurds also were against it.
The Independent Electoral
Commission of Iraq consjders
35 of the complaints serious
enough to change some Local
results. It said it began audits
Tuesday of ballot boxes taken
from about 7,000 polling sta-
tions in Baghdad province.
"This audit is not a random
sampling of boxes or a
recount. It is a targeted review
of specific ballot boxes taken
from about 7,000 polling sta~
tions the IECI opened across
Baghdad," the commission
said, adding it was "in keeping
with the lECl's policy of tak.
ing all complaints seriously
and of conducting exhaustive
investigations where war.
ranted."
AssociClted Press reporters
Mariam Pam, Jason Straziuso
in Baghdad and Yahya Bar-
zanji in lrbil contributed to this
report.
., The powerful ShIIte
religiOUS bloc expect~ to
wield the most Influence In
Iraq's new government met
with the Kurdish bloc to
discuss creating a political
alliance.
BV QASSlM ABDUL-ZAMRA
A$sooa.tedPre~$
BAGHDAD - The Shiite
religious bloc leading Iraq.s
parliamentary elections held
talks Tuesday with Kurdish
leaders about who should get
the top 12 government jobs, as
thousand!l of Sunni Arabs and
secular Shiites protested what
they say was a tainted vote.
Meanwhile, workers in the
Shiite holy city of Karbala
uncovered remains believed to
be part of a mass grave dating
to a 1991 uprising against Sad-
dam Hussein.
The talks between the
majority Shiites and the Kurds
were seen as part oi an effort
to force the main Sunni Arab
organizations to come to the
bargaining table. All groups
have begun jockeying, and the
protests are widely oonsi.dered
to be part of an attempt by
Sunni Arabs to maximize their
negotiating position.
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KIlAUONOlW'lNEDjal
PROTESTING THE VOTE: Iraqi Sunni women rally in Baghdad
on Tuesday in support of a national unity government.
BATTLE TOLL
. Two U.s. pllob d'-d in a helicopter accident In western
Baghdad on Monday Flight The accldeFlt was under Investi.
gation; the military said no hostile fire was involved.
. .... of Tuesday. at least 2,172 members of the U.S. mllltary
tlave died since the start ofttle Iraq war in March 2003,
according to an Assodated Press count
HOPES FOR STABILITY
The discussions come at a
critical time (OT Iraq. with the
United States placing high
hopes on fonning a broad-
based coalition government
that will provide tbe l1edgling
democracy witb the stability
and security it needs to allow
American troops to begin
returning home.
Sunni Arabs formed the
backbone of Hussein's govern~
ment, and the Bush adminis-
tration hopes to pull them
away from the insurgency that
has ravaged. the country with
daily bloodshed..
Abdul Aziz al Hakim,
leader of the Shiite religious
coalition dominating the cur~
rent government, traveled to
the northern Kurdish city of
Irbil for the meeting with Mas-
soud Barzani, president oi the
Kurdish region.
"Today we held prelimi~
nary consultations." Hakim
said at a joint news conference
OTHER DEVELOPMENTS
. an the- ShIIte holy city ot Karbala, municipal workers doing
maintenance work uncovered remains that police believed
were part of a mass grave thought to date back to 1991.
when Sad dam Hussein's regime put down a Shiite uprising in
the south.
. $en, Arlen Spect.... R~Pa.. visiting iraQ on Tuesday, said
he met with the chief judge overseeing Hussein's trial. Spec-
ter said he was disappointed in how the court has allowed
the former leader "to dominate" tne trial.
preliminary results from
the Dec. is vote have given the
United Iraqi AUiance a big
Lead., but one unlikely to allow
it to govern without forming a
coalition with other groups.
Final results are expected
early next month. but tbe Shi-
ite religious bloc may win
about 130 seats in the 275-
member parliament - short of
the 184 seats needed to avoid a
coalition wilh other parties.
The Kurds could get about
with Barzani. "All the details
need to be studied, and we
need to evaluate the previous
alliance and study its weak-
nesses and strengths. Then we
will try to include the others."
A Kurdish coalition that
includes Bananj's Kurdish
Democratic Party and Presi-
dent Jalal Talabani's Patriotic
Union of Kurdistan is now the
junior partner in a government
led by Hakim's United Iraqi
Alliance.
~
~
~l'"~'lfl:~
CITY OF AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY
AND NOTICE OF
AMENDMENTS TO THE
CITY'S LAND DEVELOPMENT
REGULATIONS
LOSE 3-7
LBS PER WEEK
WITHOUT
HUNGERI
"'OnmtQWlC~1
1(>$t~!lIt~1
ItwHthMrhMI_oI
1bOl1~.""t_
_ho.ll"lJll','
",':""'-:
(W:l_oIPll
.1lII1 CONSULTATI
QUICI< -..-
l-877-t77-THIN
OttUM : www. lConet
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local
Planning Agency will meet In a public hearing on
Tuesday, January 10, 2006 at 6:00 p.m. to consider
adoption of the followlng Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA AMENDING THE CITY'S LAND
DEVELOPMENT REGULATIONS TO REVISE
AUTHORITY AND PURPOSE. DEFINITIONS
AND USE REGULATIONS TO CREATE
AOOITlONAL REGULATIONS. RESTRICTIONS
ANO PROHIBITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
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FULRLL A WISH lHROUGH lHE MIAMI HERAlD
or"'__)'O'lpeeslMll')'~howmenllblllong ...-- \
"-. >M1oMlhl.r'lgry?Orhomeleu?OrIick? W~~
OrJl*lnplmneed?There...~oIlUCh ;j"
peapIe nSoulh F10ricIa and for years, marlllofyoo
n.ve helped !hem ttJrolVl The Mi8ni Herald', 2005
an~ HDlidaIl Wish Book.
The ~ I'Ia& bIcome 10 grNt ti1at poigna'M IItoriM and picU'H or
llCII'MWf'l/lptcialpeoplelWld lwagtneleslhatWUggllwhllp'lllem
will appNI" fvoI.9'JOUt IN ~ noN tJrough'" ene of he )'Mr.
W~ your cIonellon, you CIIn make hokiIIy wiItMI, COfM we and
make'" IItUI be.... 'for thoee Will in nMd.
MIlke )'OUl" '*** pIlyable 10 MiamI Herald CtB!tieI end mail to:
Wig, Boc*., The MIami Herald, One HenIld Plaza. MIamI FL 33132
The MIam Herald ChariIln irla 501(C)(3) organization.
lfyoowcUdliketoknowmoN abouthelflingincillidualln
orglNllzaIonIl'lOlI\'.-.d tvooghoul.... year, pleue ClllJ05...376-2906.
-
__ TIIoIOno
~
--
Immediately following the Local Planning Agency
meeting, the City Commlsslon of the City of Aventura,
as the goveming body, will consider at a public hearing,
as first reading, adoption of the above described
Ordinance.
The above described Public Hearings will be held
commencing at 6:00pm on Tuesday, January 10, 2006,
at City of Aventura Government Center. 19200 West
Country Club Drive, Aventura, Florida, 33180. The
r.:~ ~~n~ftym~re~ ~n:=~~y ~~bl~:~
DrIve, Aventura, Florida. Interested parties may appear
at the Public Hearing and be heard with respect to the
proposed Ordinance.
In accordance with the Americans with Disabilities Act
ot 1990. all persons who are disabled and who need
special accommodations to participate in this
proceeding because of that disability should contact the
Office of the City Clerk, (305) 466-8901, not later than
two business days prior to such proceedings.
If a person decides to appeal any decision made by the
City Commission, as local Planning Agency or as the
governing body, with respect to any matter considered
at a meeting or hearing, that person wUl need a record
~~::e~ee:i~ro:i~ f:c~h ~~~~= ~~
made, which record includes the testimony and
evidence upon which the appeal is to be based.
Teresa M. Soroka, MMC, City Cler'k
it.~^;' '~:'~'-;i\~~!J':i!"';;f;?fq~;':'-PJi~~~i!ll'MJlIft
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