02-07-2006
City Cornrni_ion
Susan Gottlieb, Mayor
A~e City of
~ventura
..~
~'"n ,.
City M1Hl1f1!eF
Eric M. Soroka, lCMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
Harry Holzberg
Michael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
Citv Altom~Y
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
FEBRUARY 7,2006 6 p.m.
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:
January 10, 2006 Commission Meeting
January 19, 2006 Workshop Meeting
January 19,2006 Special Meeting
February 1,2006 Special Meeting
February 2, 2006 Special Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, GRANTING LIMITED WAIVER
FROM PROHIBITION ON TRANSACTING BUSINESS WITH
THE CITY, AS AUTHORIZED BY THE MIAMI-DADE COUNTY
ETHICS CODE, IN ORDER TO ENABLE THE CITY TO
CONTINUE TO UTILIZE THE A VENTURA MAGAZINE FOR
PUBLICATION OF THE CITY'S ANNUAL REPORT;
PROVIDING FOR EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA ADOPTING THE CITY OF
A VENTURA 2006 LEGISLATIVE PROGRAM AND PRIORITIES
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
PeInry 7, 2006 c-;..;.... MaiIiDc
OF THIS RESOLUTION; AND
EFFECTIVE DATE.
PROVIDING FOR AN
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
6. ZONING HEARINGS:
REQUEST OF HI LIFT MARINA LLC FOR REDEVELOPMENT OF
AN EXISTING MARINA AND DRY DOCK BOAT STORAGE
FACILITY LOCATED AT 2890 NE 187 STREET, A VENTURA
(Applicant is requesting deferral to a future meeting)
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2005-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2005/2006 FISCAL YEAR BY REVISING THE 2005/2006 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.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
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
2
FIIII1By 7, 2006 r,.."",;,,;.. MaiIiDc
"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.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
FEBRUARY 16, 2006
9 A.M.
COMMISSION MEETING
MARCH 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.
3
A':!'he Qtv cJ
~ventilra
~
MINUTES
CITY COMMISSION MEETING
JANUARY 10, 2006
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6:50 p.m. following the Local Planning Agency meeting. 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: (Led during LPA meeting)
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5-G. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner
Diamond, seconded by Vice Mayor Joel, unanimously passed and the following
action was taken:
A. The minutes of the 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 and December 14, 2005 Workshop Meeting were approved.
B. Resolution No. 2006-01 was adopted as follows:
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.
C. Resolution No. 2006-02 was adopted as follows:
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 (UMPO") FUNDING FOR
THE SOUTH FLORIDA EAST COAST CORRIDOR TRANSIT
ANALYSIS; AND PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2006.Q3 was adopted as follows:
A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING DONATION OF ART WORK TO
THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
E. The following motion was approved:
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. Resolution No. 2006.Q4 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED DISASTER RELIEF FUNDING AGREEMENT
BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
The following item was removed from the Consent Agenda and addressed separately:
G. 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.
A motion for approval was offered by Vice Mayor Joel, seconded by Commissioner
Auerbach, unanimously passed and Resolution No. 2006-05 was adopted.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
2
A. Mr. Wolpin read the following ordinance by title:
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.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Stern and seconded by Commissioner
Auerbach. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Ursula Buono, Point East; Burton
Liederman, Point East; Cindy Alvarez, Point East. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
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.
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.
8. PUBLIC HEARING: ORDINANCES: SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 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.
3
A motion for approval was offered by Commissioner Auerbach 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. 2006-01 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by
title:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
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.
A motion for approval was offered by Vice Mayor Joel and seconded by
Commissioner Stern. The motion for approval passed unanimously and
Resolution No. 2006-06 was enacted. It was the consensus of the
Commission that the City provide postage pre-paid envelopes for return of the
mail-in ballots.
10. OTHER BUSINESS: Mr. Wolpin requested an Executive Session to be held in the
Shefaor litigation matter on Wednesday, January 11, 2006.
11. PUBLIC COMMENTS: Rhea Coleman, Josephine Kianese, Mr. Liederman, Carol
Kreskee, Mr. Genen, Zina Gato, Point East residents; Rev. Will Keyser.
12. REPORTS As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:50 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.
4
A!he City ci
nventura
!i
',...:';
MINUTES
COMMISSION WORKSHOP MEETING
JANUARY 19, 2006 9 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 (left the meeting at 11 a.m.), 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.
4. AVENTURA MAGAZINE PUBLICATION OF ANNUAL REPORT (City
Manager)(Taken out of order): Commissioner Stern left the room for this discussion.
Mr. Soroka noted that the Aventura Magazine has published the City's Annual
Report each year since 1998. Inasmuch as Commissioner Stern is a principal of
Aventura Magazine, in order to comply with the County's Ethics Code, should the
Commission desire to continue publication of the Annual Report in the Aventura
Magazine, it would be necessary for a waiver to be authorized by the Commission.
CITY MANAGER SUMMARY: Consensus that waiver be granted. Resolution to be
considered at February Commission meeting.
Commissioner Stern returned to the meeting.
3. LANDSCAPE REPLACEMENT PROGRAM (City Manager) (Taken out of order):
Kathy O'Leary Richards and Bill O'Leary of O'Leary Design Associates, the city's
landscape architect, presented a proposed Hurricane Landscape Restoration Plan.
CITY MANAGER SUMMARY: Consensus to approve.
1. LEGISLATIVE PROGRAM AND PRIORITIES (City Manaqer): Mr. Soroka and Ron
Book, the City's lobbyist, reviewed the proposed program.
CITY MANAGER SUMMARY: Consensus to proceed with placement on February
Commission meeting agenda for consideration and approval. Top two priorities to
be further discussed by Commission at future Workshop meetings.
2. GULFSTREAM MATTERS UPDATE: (City Manager): Mr. Soroka reviewed the
new points of a negotiated agreement for the purchase of the park property. It
included obtaining 7 acres for $2.1 million and reducing the number of units that
could be built on the adjoining property. John Shubin, Esq., the City's special
counsel, updated the Commission on all matters relating to Gulfstream including the
elimination of NE 213lh as an access road to the project. Joseph Goldstein, Esq.,
and Don Cameron, representing Magna Entertainment, also addressed the
Commission.
CITY MANAGER SUMMARY: Consensus to move forward on park purchase
agreement. City administration and counsel to continue monitoring the DR!.
Mr. Soroka advised the Commission that the County Elections Department has
requested the use of the City's Government Center for early voting for the two week
periods prior to the September and November elections. It was the consensus of
the Commission to approve the County's request.
5. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 11 :50 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record Includes the testimony and evidence upon which the appeal is to be based.
2
A'!be C~ of
rtVentura
,(i
MINUTES
CITY COMMISSION
SPECIAL MEETING
JANUARY 19, 2006
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 12 noon following the 9 a.m. Workshop meeting. Present were
Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Michael Stem, Vice
Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M.
Soroka and City Attorney David M. Wolpin. Commissioner Luz Urbaez Weinberg
was absent. As a quorum was determined to be present, the meeting commenced.
2. RESOLUTION: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING SETTLEMENT AGREEMENT BETWEEN
SHEFAORlTARRAGON, LLLP, AND THE CITY OF AVENTURA,
CONCERNING 8.77 ACRE, PLUS OR MINUS, PARCEL OF LAND
LOCATED AT 17900 NORTHEAST 31ST COURT IN THE CITY OF
AVENTURA, COMMONLY KNOWN AS THE LINCOLN POINTE PROPERTY;
AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT;
AUTHORIZING IMPLEMENTATION OF SETTLEMENT AGREEMENT;
PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Diamond. Mr. Wolpin explained the proposed settlement
agreement with the owners of the Lincoln Pointe property. He noted that
Commissioner Weinberg previously conveyed to him that she had no problem
with approval of this item. The motion for approval passed 5-1, with Mayor
Gottlieb voting no and Commissioner Weinberg absent, and Resolution No.
2006-07 was adopted.
A Special Commission meeting was scheduled for February 1, 2006 at 6 p.m.
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 1:10 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 ~ of
AVentura
I)
"'c..~.,,~
MINUTES
CITY COMMISSION
SPECIAL MEETING
FEBRUARY 1, 2006 - 6 p.m.
Aventura Government Center
19200 w. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners 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
3. ZONING HEARING: QUASI-JUDICIAL PUBLIC HEARING:
Mr. Wolpin explained that due to an error by the City's outside sign company on the
courtesy notice posted on the subject property, he would recommend that the City
Commission continue this meeting to Thursday, February 2, 2006. A motion to
continue this meeting to Thursday, February 2, 2006 was offered by Vice Mayor
Joel, seconded by Commissioner Auerbach and unanimously passed.
4. ADJOURNMENT: The meeting was adjourned at 6:11 p.m. to February 2,2006 at 6
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 ~ of'
AVentura
.
MINUTES
CITY COMMISSION
SPECIAL MEETING
FEBRUARY 2, 2006 - 6 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners lev 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: Led by Arthur Barr.
3. ZONING HEARING: QUASI-JUDICIAL PUBLIC HEARING:
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:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, CONCERNING MORATORIUM WAIVER APPLICATION OF
SHEFAOR/TARRAGON, LLLP, PERTAINING TO LINCOLN POINTE
PROPERTY CONSISTING OF 8.77 :I: ACRES LOCATED AT 17900
NORTHEAST 31ST COURT IN THE CITY OF AVENTURA; GRANTING
APPLICATION FOR WAIVER OF MORATORIUM ORDINANCE NUMBER
2005-07, SO AS TO PERMIT REDEVELOPMENT OF THE PROPERTY TO A
PROJECT CONSISTING OF A TOTAL OF FOUR HUNDRED SIXTY (460)
DWELLING UNITS, INCLUDING A TWENTY EIGHT (28) STORY
RESIDENTIAL TOWER WITH AN OVERALL HEIGHT OF NOT GREATER
THAN THREE HUNDRED FIFTEEN (315') FEET; PROVIDING FOR AN
EFFECTIVE DATE
A motion for approval was offered by Commissioner Holzberg 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 individuals addressed the Commission: Stanley
Price, Esq., and Robert Krawchek, Bilzin Sumberg, 200 S. Biscayne Blvd.,
representing the applicant; Madelyn Giardello, President, Biscayne Cove; Carlos
Iguerra, President, Williams Island POA; Joel Hillman, Williams Island 3000
Building; Alan Stone, Esq., Biscayne Cove; Scott Luongo, Biscayne Cove;
Patricia Robinson Bevwell, 1000 Island Blvd.; Esther Grolik, Biscayne Cove;
Selma Ross, Biscayne Cove; Scott Gould, Esq., Ackerman Senterfit; Burton
Young, 3900 Island Blvd.; Marilyn Sesskin, Biscayne Cove; Helen Stern, Tower
Building; Charles Sparrow, Biscayne Cove; Larry Kasselman, Williams Island;
Debbie Katz, Biscayne Cove. There being no further speakers, the public
hearing was closed. Based on discussions during the meeting, Mr. Wolpin read
for the record amendments to the subject resolution. The motion for approval, as
amended passed 6-1, with Mayor Gottlieb voting no and Resolution No. 2006-
08 was adopted.
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 9:11 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.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Cit
TO: City Commission
DATE: January 19, 2006
SUBJECT: Waiving Miami.Dade County Ethics Code Restriction for Aventura
Magazine Publication Transaction
February 7,2006 City Commission Meeting Agenda Item 5-8
BACKGROUND
It is recommended that the City Commission approve the attached Resolution which
grants a waiver from the Miami-Dade County Ethics Code to allow the City to continue
to utilize Aventura Magazine to publish our Annual Report.
Every year the City issues an Annual Report that provides an overview of the
accomplishments for the prior year. Since 1998, the City has utilized the Aventura
Magazine as a vehicle to publish the report as an insert. The Aventura Magazine is
widely circulated throughout the City. The most important reason for utilizing the
magazine was it resulted in a significant cost savings to the City in terms of printing and
distribution of the report. The magazine may be viewed as a unique sole source
magazine publication which is made within the City.
As you are aware Commissioner, Michael Stern, is a principal of the magazine. The
Miami-Dade County Ethics Code restricts an entity owned by a City Commissioner from
contracting with the City to provide certain services.
Pursuant to the County Ethics Code, the City Commission may authorize a waiver of
the prohibitions of Section 2-11.1 (c) of the County Ethics Code upon finding that the
waiver standards set forth in subparagraphs (3) and (5) of paragraph (6) are met.
The City Attorney's office has discussed this matter with the staff of the State Ethics
Commission and has determined that this transaction qualifies as a sole source
exemption in accordance with the state law exemptions from prohibited transactions, as
provided by Section 112.313(12)(e), Florida Statutes. That statute requires filing of a
Memo to City Commission
January 19, 2006
Page 2
written disclosure form in order to assert the exemption, but does not require a grant of
an exemption by the City Commission.
Accordingly, if the City Commission finds that the waiver standards of the County Ethics
Code are met, they may do so provided a Resolution is adopted at a public meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeo 1454-06
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, GRANTING LIMITED
WAIVER FROM PROHIBITION ON TRANSACTING
BUSINESS WITH THE CITY, AS AUTHORIZED BY THE
MIAMI-DADE COUNTY ETHICS CODE, IN ORDER TO
ENABLE THE CITY TO CONTINUE TO UTILIZE THE
AVENTURA MAGAZINE FOR PUBLICATION OF THE
CITY'S ANNUAL REPORT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, for many years the City of Aventura has utilized the Aventura Magazine
for the purpose of publishing the annual report of the City; and
WHEREAS, the A ventura Magazine is unique in that it is published within the City of
A ventura, widely distributed, and readily available to all citizens of the City, so that the
citizens may be fully informed of the financial condition of the City as reflected in the City's
annual report; and
WHEREAS, the City Manager desires to continue to utilize the A ventura Magazine
(the "Magazine") for publication of the 2005 Year Annual Report of the City in the upcoming
edition of the Magazine and for subsequent annual reports; and
WHEREAS, the utilization of the Magazine qualifies as a sole source under the
transaction exemption provided by the State Ethics Code at Section 112.313(12)(e), Florida
Statutes; and
WHEREAS, the necessity of the consideration of a waiver under Section 2-11.1(c) of
the County Ethics Code is created by the circumstance that one of the primary owners of the
Aventura Magazine (Commissioner Michael Stern) was elected to the City Commission of the
City of Aventura in March 2005; and
WHEREAS, the City Commission finds that it is appropriate to grant a waiver (the
"Waiver") of the restrictions of Section 2-11.1(c) of the Miami-Dade County Ethics Code as
authorized by subparagraphs (3) and (5) of paragraph (6), and specifically finds that:
a. The Magazine publication services to be involved in the proposed
transaction are unique and the City cannot avail itself of such
services without entering into a transaction which would violate
subsection(c) of Section 2-11.1 but for a waiver of its
requirements, and
b. That the proposed transaction will be in the best interest of the City.
Resolution No. 2006-
Page 2
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above stated recitals is hereby confirmed and
adopted, including the specific findings set forth therein.
Section 2. Prohibition Doon Transaction is Waived. That the specific
transaction by which the City Manager shall be authorized to continue to utilize the services of
Aventura Magazine for publication of the City's Annual Report for the 2005 year and for
subsequent fiscal years (if desired by the City Manager) is hereby authorized and a waiver of
Section 2-11. 1 (c) of the County Code is hereby made and granted upon the basis described
above.
Section 3. ImDlementation. That the City Manager is hereby authorized to take
any necessary action to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof upon the favorable vote of two-thirds of the members of the City
Commission.
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
2
Resolution No. 2006-
Page 3
PASSED AND ADOPTED this 7th day of February, 2006.
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~~
City Attorney
~ -
Susan Gottlieb, Mayor
3
FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST
- MID IN
h I
C I POS ON HELD
cit Commissioner
AGENCYORAO~SORYBOARD
'-
City Hall, 19200 W. Country Club Dr.
ITY ZIP COUNTY ADDRESS OF AGENCY
Aventura
33180 Miami-Dade
HOW TO COMPLETE AND
Club Drive
arts a _ two purposes. Part Is r advisory ard members who wish to use an exemption in the
. laws Il18t is appllcable only 10 advisory boanl members. Part B is for public officers and employaes who wish to use a sepa_
ra1e exemplio4, th8t Is applicable when the business enlIIy Involved Is the sole source of supply within the political subdivision. In
order to "",,1pIele and fife this form:
a FUI out PlIrt A or Part B, as applicable.
. Sign and dala\he form on the reverse side.
a . Fila Part A with \he appointing body or person that will be waiving the restrictions of 112.313(3) or (7), Fla. Stat,
prior 10 \he waIIIer.
a File Part B with \he governing body of the political subdivision In which the reporting person is serving, prior to the
tranllllCtion.
PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
Sectlons 112.313(3) and 112.313(7), Flo~ S1atuIes, prohibit cer1ain business relationships on the part of public officers
and arnpIoy8es. including penlOrlS seNlng on advlsory boards. See Part III. Chapter 112, Florida S1atuIes, and/or the
brochu", a_ "A Guide 10 \he Sunshine Amendment and Code of Ethics for Public Offieers and Employees" for more
detals on U- prohibllIons. _, SeclIon 112.313(12), Florida S1atuIes, pennits tha appointing official or body to
waive U- requlrernall1s In a partJcull!T instance provided: (a) waiver by the appointing body must be upon a two-thirds
affinnatMo ""'" ofthal body; or (b) waNer by the appointing person must be eflecled after a public hearing; and (c) in either
..... the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by
S.-cuo... (3) of (7) of 5eclIon 112.313, Florida Slatu1Bs. This Part of Fonn 4A has been prescribed by the Commission
on Ethics for such _"',If and wilen eppl'1CabIa to an advisory boanl member.
PLEASE COMPlETE 11iE FOLLOWING:
1. The perln8nlhlp, dII1lctoI8hlp, proprialolshlp, ownership of a maleriallnterest, position of offlcer, employment, or contractual
-1ShIp which would olheIwise violate Slbsection(3) or (7) of Section 112.313, Florida Statutes, Is held by [please
chec:Ic applicable spece(a)]:
( ) The reporting person;
( ) The apouse of the reporting person, whose name is
( ) A child of \he reporting person, whose .....a is
. or
2. The pertlcular transaclfon or ralationship for which this waiver Is sought invaives [check applicable speeel:
) Supplying \he tbIlowlng realty, goods, and/or services:
) Regulation of the business entity by the governmental agency served by the advisory board member.
3. The tbIlow1ng business antIty is doing business with or regulaterl by the governmental agency:
4. The relationship of the undellllgned advisory board member, or spouse or child of the advisory boanl member, to the bus~
ness enlIIy transacting this business Is [check applicable spaces]:
( ) Oflicar; ( ) Partner; ( ) Assocla"'; ( ) Sole proprietor, ( ) Stockholder, ( ) Director, ( ) OWner of in excess 01 5% of
the assets of capItalator:k in such business antity; ( ) Employee: ( ) Contractual relationship with the business entity;
( ) Other, pJaase describe:
CE FaUl4A - REV. MI
[CONTINUED ON REVERSE SIDE}
PART B _ DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
~O MUST COMPLETE THIS PART:
Sections 112.313(3) and 112.313(7), Florlda Statutes, prohlbft carta'n employment and business relaUonships on the part of pub-
He olIicera and empJoyaes. See Part III, Chapter 112, Florida Statutes, and/or the brochure entiUed "A Guide to the Sunshine
Amendment and Code of Ethics for Public OfIicers and Employees" for more details on these prohibitions. However, Section
112.313(12)(e), Florida Statutes, prtll/ldes an axemption from the a~ restrictions in the aventthat the buslnass
entitY Involved is the only source of supply within the political subdMslon of the officer or employee. In such cases tha offica(s
or employee's Interest In the business entitY must be fully disclosed to the governing body of the political subdivision. This Part
of Fonn 4A has been p1SSCribed by the Commission on Ethics for such disclosure, if and when applicable.
PLEASE COMPLETE THE FOLLOV1/lNG:
1. The partnership, dIrectorship, proprietorship, ownership of a mall!rillllnteresl, position of oflicer, employmen~ or contractual
relationship which would oth_ violate Subsection (3) or (7) of Section 112.313. Florida Statutes, Is held by [please
chedc applicable spac:e(s)):
~) The reporting pe<SOn:
( ) The spouse of the reporting. person,whose name Is
: ~)f
) A child of the reporting person, whose name Is
2. The following are the goods, realty. or services being suppi'1lld by a business entitY with which the public officer or employee,
or spouse or child of such officer or employee, Is Involved Is:
rueliea~ien of Ci~~ Auu~Ql R~~~L
3. The business entity which Is the only source of supply of the goods, really, or _ within the political subdivision is:
Aventura, Sout.h Flnr1",,'R Maqaozinp fnT" rhA lnvn~ l"T~cr~yl~ A
(NAME OF ENTITY) (ADDRESS OF TITY) ..
4. m~r/iNp M~'i'rl,Qfl!Glledt.fMic: ~~~M spouse or child of such officer or employee, to the bus~
ness entitY named In Item 3 above is [chedc applicable spaces]:
lut OlIicer, ( ) Par1nar, ( ) Associa1e; ( ) Sole proprietor, ( ) Stoclcholder; ( ) DIrector, ( xl Owner of in excess of 5% of
the asse1s or capl18l stock In such busIness entity; ( ) Employee: ( ) Contractual relationshIp with the business entity;
( ) Other, please describe:
r/NuI~
SIGNATURE
IllATESlGNEO
January 5, 2006
I OATE "LEO
January 5, 2006
nee: UNDER PROVI8fONS OF FLORIDA STATUTES.. 112.317. A FAIlURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND
Y Be PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTtON.
OUCTION IN SAa.ARY REPRIMAND. OR A CMI.. PENALTY NOT TO EXCEED $10.000.
CEFORM 4A.-REV.1" [CONTINUED FROM FIRST SIDE}
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Cit~
DATE: January 19, 2006
TO: City Commission
SUBJECT: Resolution Approving Legislative Programs and Priorities for 2006
February 7,2006 City Commission Meeting Agenda Item..5..:i-
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
approving the Legislative Programs and Priorities for 2006. This item was reviewed at
the January Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO 1455-06
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ADOPTING THE CITY
OF AVENTURA 2006 LEGISLATIVE PROGRAM AND
PRIORITIES ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ACTION 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 of Aventura 2006 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be 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 Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No, 2006-
Page 2
PASSED AND ADOPTED this 7th day of February, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROqE~AL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
2006
Mayor Susan Gottlieb
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza, P.A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2006
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2. Impose development concurrency review on race track and fronton facilities that
may be authorized to provide legalized slot machines to the public.
3. Provide a dedicate revenue source to cities that are located within 1 mile of a
facility that houses legalized gambling to offset police and road impact costs to
the community.
4. Authorize detection devices at traffic signals of red light runners and the
issuance of citations.
5. Adopt the 2006 Policy Statement of the Florida League of Cities.
6. Provide for legislation to mandate that gasoline stations are equipped with
generators.
The City of Aventura will seek financial assistance and grants for the following
projects:
1. Funding for Stormwater drainage improvements.
2. Funding for Park development.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission C
Eric M. Soroka, ICMA-CM, ~rnag r
January 31,2006
TO:
DATE:
SUBJECT:
Law Enforcement Mutual Aid Agreement Between the City and the
Town of Golden Beach
February 7, 2006 City Commission Meeting Agenda Item 5'- b
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Town of Golden
Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01459-06
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 MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE TOWN OF GOLDEN BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
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 Mutual Aid Agreement between
the City of Aventura and the Town of Golden Beach for law enforcement activities in
substantially the form as attached hereto.
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 Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 2
,
PASSED AND ADOPTED this 7th day of February, 2006.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
App""" f" ~ S,fficl,",,,,,
City Attorney
MUTUAL AID AGREEMENT
Between the Town of Golden Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the Town of aolden
Beach, Florida, and the City of Aventura, Florida, to ensure the public safety of
their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and manmade conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual
Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the Town of Golden Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
Town of Golden Beach Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the Town of Golden Beach
Police Department, or the Chiefs designees, and the Chief of
Police of the participating municipal police department, or the
Chiefs designees.
D. Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting
party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete,
unreasonably, its own manpower, equipment, facilities, and other
resources and services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are
actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in
accordance with this Agreement, shall pursuant to the provisions
of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their
duties in the political subdivision in which they are regularly
employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, or facilities pursuant to the provisions of this Agreement
shall bear any loss or damage to same and shall pay any and
all expenses incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D. All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement Cl,gency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2011, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10., Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AN LEDGED this~day OfB....c-f?~ """'-:-200S-
~
Ma City Manager, City
AS TO FORM AND LEGAL SUFFICIENCY:
Town Attorney,
City Attorney, City of Aventura, Florida
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE TOWN OF GOLDEN BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or polica officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions of the Mutual
Aid Agreement when:
participating in law enforcement activities that are preplanned
and approved by each respective agency head, or
appropriately dispatched in response to a request for assistance
from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the City of Aventura, Florida, and the Town of Golden Beach,
Florida, it is hereby declared that the following list comprises the circumstances
and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi-jurisdictional criminal investigations
2.
Civil affray or disobedience, disturbances, riots,
demonstrations, controversial trials, political conventions,
and strikes
large protest
labor disputes,
3. Any natural disaster
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
5. Terrorist activities including, but not limited to, acts of sabotage
6. Escapes from or disturbances within detention facilities
7. Hostage and barricaded subject situations, and aircraft piracy
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
9. Enemy attack
10. Transportation of evidence requiring security
11. Major events; e.g., sporting e'Jents, concerts, parades, fairs, festivals, and
conventions
12. Security and escort duties for dignitaries
13. Emergency situations in which one agency cannot perform its functional
objective
14. Incidents requIrIng utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE:
//2--9'0..1
DATE:
() ./ -oj'
~J)
Chief of City of Aventura Poiice Dept..
Aventura, Florida
THOMAS E. RIBEL
of the Town of olden Beach Police Dept.
Town of Golden Beach, Florida
JAMES SKINNER
L, TOWN CLERK
'rt[1i~
i Y Clerk, CitYf? ntura r
T RESA M. SROKA, . AMJ::.-
/ I
.
, .
. ---~.>'
JOINT DECLARATION AMENDMENT UNDER
THE TOWN OF GOLDEN BEACH POLICE DEPARTMENTI
AVENTURA POLICE DEPARTMENT
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of _ , 2005, to include and permit concurrent marine patrol
related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes, streams, and any and all other bodies of waters, including
the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any
future time during the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the Town of Golden Beach
and the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the Town of Golden Beach Police
Department.
///z1'/'-
D'~ v:-
~
Date
Eric M. Soroka, 'ty
Aventura, Florida
/2-I-oJ'
~
Thomas E. Ribel, Chief of Police
City of Aventura Police Dept.
s Skinner, Chief of Police
of Golden Beach Police Dept.
(914:Joint Declaration)
A ~';N'1>A
2-'- oft,
rTE'm b
Greenberg
Traurig
Clifford A Schulman
Tel. (305)579-0613
Fax (305)961-5813
schulmanc@gllaw.com
February 2, 2006
Ms. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
A ventura, FL 33180
Re: Hi Lift Marina / 2890 N.E. 187th Street! Applications for
Conditional Use and Variance Approval! Request for
Continuance
Dear Ms. Carr:
As you are aware, we represent Hi Lift, LLC, in connection with the above
referenced applications. These applications have been scheduled for a public hearing on the
February 7, 2006, agenda of the Aventura City Commission. We respectfully request that
this public hearing be continued to the March 7, 2006, meeting of the A ventura City
Commission. Our client is presently considering whether to revise the proposed site plan and
requires additional time to deliberate and proceed with revisions if so decided. If you would
like to discuss this request further, please contact me at 305-579-0613. Thank you for your
attention to this matter.
Sincerely,
~~-J~
~ Clifford A. Schulman
cc: Mr. Eric Soroka
David Wolpin, Esq.
Ms. Teresa Soroka
Mr. Andrew Sturner
GreenbergTraurig, p.A.1 Attorneys at law 11221 Brickell Avenue I Miami, FL 331311 Tel 305.579.0500 I Fax 305.579.0717 r www.gtlaw.com
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Budget Ordinance Amendment to Fund Hurricane Landscape
Restoration Plan
1st Reading February 7,2006 City Commission Meeting Agenda Item l
2nd Reading March 7, 2006 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance
amending the 2005/06 Budget to fund the Hurricane Landscape Restoration Plan.
The $1,500,000 required to fund the program will be transferred from the City's Capital
Reserve line item. An overview of the Restoration Plan is attached and was reviewed
at the January Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01456-06
ORDINANCE NO. 2006-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2005-13 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2005/2006 FISCAL YEAR BY REVISING THE
2005/2006 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 2005/2006 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. 2005-13, which Ordinance adopted a budget for the 2005/2006 fiscal
year, by revising the 2005/2006 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 effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner _, who moved its
adoption on first reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner 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 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 7th day of February, 2006.
2
Ordinance No. 2006-_
Page 3
,
PASSED AND ADOPTED on second reading this 7th day of March, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
K~
CITY ATTORNEY
3
EXHIBIT A
Budget Amendments
GENERAL FUND 001
CAPITAL BUDGET
Expenditures
Community Services - 541
6352 Hurricane Landscape Restoration
SUBTOTAL.)
o
1,500,000 1,500,000
.. A,~,Pi19 .4 MPcMllO
;.,.:.,.:'
6999
Non-DeDartmental - 590
Capital Reserve
SUBTOTAL
11,834,562 (1,500,000) 10,334,562
.H.!liJ,<l~:l:4>(t,~i19,~)/4 .10,~4,~a
Total Amendments-Expenditures
$H). .".
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit
DATE: January 3,2006
SUBJECT: Hurricane Wilma Landscaping Restoration Action Plan
Recommendation
In order to restore the City's landscaping as quickly and efficient as possible, the
following action plan is being recommended.
Landscape Replacement Report: The City's landscape architect, O'Leary Richards
Design Associates has recommended replacing the City's landscaping with native trees
and palms that are less susceptible to damage from hurricane force winds. (see
attached report) These species indude Live Oak, Gumbo Limbo and Mahogany for tree
replacement, and Royal, Coconut and Saba I for palm replacement. Approximately 95%
of these trees and palms survived both hurricanes. They are recommending palm trees
with a splash of color such as Crepe Myrtles and Oleanders for the City medians, with
native hardwood shade trees such as Live Oak and Mahogany for the swales. It should
be noted that due to hurricane damage, many nurseries may not have the larger size
palm and shade trees in their inventory and subsequently, some replacement
landscaping will be smaller than the existing plant inventory in the City.
Landscape Replacement Estimate: According to our landscape architect and
landscape contractor, the cost estimate to re-plant the entire City's medians and swales
with 900 trees and palms and 27,000 shrubs and ground cover is as follows:
Trees, Palms and Shrubs: $ 950,000
Labor and Material Installation: 550.000
Total for Plants and Installation: $ 1,500,000
Landscaping Plan: Our Landscape Architect has submitted a complete landscape
plan and specifications for the City to consider and review. This plan will be reviewed at
the Workshop Meeting.
Schedule:
If an expedited schedule was utilized, a bid award recommendation could occur at the
March 2006 City Commission meeting. With the expedited schedule a late June 2006
completion date is possible, depending on plant material availability.
Funding:
It is recommended that the City's Capital Reserve line item be utilized to fund this
project. I budget amendment would be required to accomplish the transfer.
If you have any questions please free to contact me.
EMS/act
CC01108-05
SUMMARY
Hurricane Katrina & Wilma
Tree Damage Assessment and Tree Replacement Recommendations
Aventura, Florida
Prepared by:
O'Leary Richards Design Associates, Inc.
December 14,2005
On August 26, 2005, Hurricane Katrina struck South Florida and caused considerable
tree loss and damage. The value of the tree loss was estimated at $478,500.
Subsequently, Hurricane Wilma struck on October 25th, 2005 and there was extensive
tree loss estimated at $2,850,000.
Most trees are susceptible to wind damage from hurricanes, however, certain species
of trees are less susceptible to this kind of damage and are more durable and flexible
than other species. On the whole, native trees and palms such as the Live Oak,
Gumbo Limbo, Mahogany, Coconut Palm, Royal Palm, and Cabbage Palms survived
the storm much better than some exotic flowering trees. We estimate that
approximately 90% of these trees survived the storms.
It is our recommendation that the City replace the tree loss with primarily native trees
and palms. Where there were damaged or lost trees in groups of the same species,
our recommendation is to replace with the same species in order to maintain continuity.
Along Country Club Drive, where most of the tree damage occurred, there were several
small flowering trees in the medians that were lost. It is our recommendation that these
areas be re-vegetated with primarily Coconut Palms and splashes of color such as the
Crape Myrtle and Oleander at a few of the intersections. Where tree loss has occurred
in the swales on Country Club Drive, it is our recommendation that it be planted with
primarily native hardwood trees such as the Live Oak and Mahogany, with splashes of
color throughout. Again, trees that were lost that were located in groups of the same
species should be replaced with the same species on Country Club Drive as well as
other streets within the City. Shrub replacement will match the species that existed
prior to the hurricanes in most locations. It should be noted, however, that due to
hurricane damage to nurseries, some species and sizes of proposed vegetation may
have to be adjusted due to the lack of availability. In addition, new replacement trees
will not match the size of existing adjacent trees.
It is our best professional opinion that the total cost for the landscape material to re-
vegetate the City will be $950,000. This includes the procurement of approximately 900
trees and palms and over 27,000 shrubs and groundcover. This estimate may vary
based on the survivability of existing trees and palms in question. Some trees and
palms that are included as a loss in this estimate may ultimately survive. It may require
a wait until springtime to make a final determination on these trees.
It is our best estimate that, after award of contract, this project should take
approximately five months to complete. Should the City decide to complete this work in
phases, the phasing could include the following areas, which are in no particular order
of execution:
South - Southern City limits to William Lehman Causeway (east of
Biscayne Boulevard).
Central - William Lehman Causeway north to N.E. 20ih Street (east of Biscayne
Boulevard)
North - N.E. 20ih Street to northern City limits (east of Biscayne Boulevard)
West - The entire Biscayne Boulevard corridor.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, IC
City Manager
TO: City Commission
BY: Joanne Carr, AIC
Planning Director
DATE: February 3,2006
SUBJECT: Proposed amendments Chapter 31 "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)
2nd Reading February 7, 2006 City Commission Meeting Agenda Item ~
Staff is requesting approval of revisions to the proposed ordinance following public input at
first reading on January 10, 2006.
The revisions are as follows:
· The definition of development has been revised to incorporate grammatical
changes to further clarify the intent of two activities to be included within the
definition of development. Specifically. the clause that read:
"(5) The demolition of a solely lawful non-conforming residential use and
construction of a commercial use on the same parcel(s)."
now reads:
"(5) The demolition of a lawful non-conforming solely residential structure (which
may include accessory uses) and construction of a commercial use on the same
parcel(s)."
and the clause that read:
"(6) The demolition of a solely lawful non-conforming commercial use and
construction of a residential use on the same parcel(s)."
now reads:
"(6) The demolition of a lawful non-conforming solely commercial structure and
construction of a residential use on the same parcel(s)."
These same grammatical changes have been made to the last clause in the
Redevelopment(Residential) and Redevelopment(Commercial) definitions for
consistency in both sections.
· A clause has been deleted from the Redevelopment (Commercial) definition. This
clause was in the definition from the original 1999 code and provided that "an
increase in the number of businesses, manufacturing establishments or offices"
constituted redevelopment. Intensity is measured by square footage and not the
number of businesses or offices.
· The maximum building height allowed through conditional use approval in the
RMF4 District has been revised to permit 35 stories or 350 feet for any property
which was granted a waiver pursuant to Section 3 of Ordinance No. 2005-07.
· The open space requirement clause for shopping centers with over 1,000,000
square feet of gross leasable area that was approved by the City Commission in
November of 2005 has been included and renumbered in the 82 zone.
· The maximum density for residential uses in the Medical Office zone has been
revised from 25 dwelling units per acre to 35 dwelling units per acre following
discussion with landowners.
· Section 5, Effective Date, has been revised to clarify that this ordinance will not
conflict with any waiver granted by the City Commission pursuant to Section 3 of
Ordinance No. 2005-07 and that the previously existing Land Development
Regulations will control any development or redevelopment that is authorized by
any such waiver.
These proposed revisions meet the standards for reviewing proposed amendments to the
text of the LOR as contained in the public hearing staff report dated January 3, 2006.
2
-. ""'T--'-'-~""
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
Plan and with the pending EAR based amendments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Ordinance No. 2006-
Page 2
Section 1. Recitals Adopted. 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 follows 1:
Section 31-2. Authority and purpose.
The LDRs shall provide a cohesive blueprint for development and redevelopment of the
City bv addressina strateaies to accommodate arowth while maintainina neiahborhood
intearitv: ensure appropriate heiaht and site development reauirements and desian
auidelines: ensure appropriate transitions and linkaaes between different
neiahborhoods and uses: encouraae more walkable neiahborhoods: buffer
neighborhoods and existina development from the encroachment of incompatible uses:
limit the intensity of future development and redevelopment in a manner that is
consistent with current development patterns and that minimizes further neaative
impacts to the City's infrastructure. traffic conaestion. hurricane evacuation clearance
times and auality of life and prevent redevelopment of a residential parcel in a manner
that would increase its existina density. unless redevelopment of said parcel is within a
redevelopment area described in or envisioned bv the City's Comprehensive Plan or will
implement specific development or redevelopment aoals or plans that mav be
established for particular areas bv the City Commission or redevelopment that is
provided bv expresslv authorized conditional use approval.
Section 31-21. Definitions.
* * *
Developer shall mean any person, corporation, partnership, other legal entities or a
governmental agency, undertaking any development andlor 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
1 Underlined prOVisions constitute proposed additions to existing City Code text; EIAGkeR lRreugR
provisions indicate proposed deletions from existing City Code text.
Ordinance No. 2006-
Page 3
Vacant Land Mao included as Fiaure 1I.A.3 in the 2005 Evaluation and Aooraisal Reoort
of the City's Comorehensive Plan. Develooment on all other parcels not shown as
vacant land on the City of Aventura Vacant Land Mao will be considered
Redevelooment. unless otherwise exoresslY orovided herein. See
Redevelopment.Carrying Sl-lt of aAY al-lilEling aGtp,.ity or mining speralion, tRe making of
any material chanlle iR the l-lse sr appear:anse sf any strl-l&tl-lFe or lanEl, or tRe EliviEling of
lane ints par-sels. The following activities or uses more specifically, but without
limitation, shall be taken for the purposes of these regulations to constitute
"development":
(1) ,II, FeCeRstNstion, alteratien of or material GRanlle in tRe el<<ent or appearance
of a strl-lstLlFe on lanEl.
(2) ,II, ohaRlIe in the inteRsity of l-lse sf lane, Sl-lSR as an inGr-ease in the nl-lmaer of
Elwelling l-lnits in a strl-lstl-lFe or sn lanEl, or an insrease in tRe number of bl-lsinesses,
manl-lmstLlring estaalist:lmeAt, or ol'lises.
(31.) Alteration of shore or bank of a lake, pond, or canal, including any "coastal
construction" as defined in F.S. ~ 161.021.
(4 6.) Commencement of drilling, mining, or excavation on a parcel of land,
except to obtain soil samples.
(6) Demolition of a strustl-lFe.
(9 ID. Clearing of land as an adjunct of construction.
(7 ~ Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(5) The demolition of a lawful non-conformina solely residential structure (which
may include accessory uses) and construction of a commercial use on the same
oarcel(s).
(6) The demolition of a lawful non-conformina solely commercial structure and
construction of a residential use on the same oarceUs).
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.
Ordinance No. 2006-
Page 4
(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
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.
RedeveloDment (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
Ordinance No. 2006-
Page 5
structure or on land, and/or an increase in the number of bedrooms. Redevelopment
shall not mean the demolition of a lawful non-conformina solelv commercial structure
and construction of a residential use on the same parcel(s).
Redevelooment (Commercial) shall mean the demolition and reconstruction, renewal.
alteration or material chance in the extent or appearance of a commerciallv zoned
structure or structures or sianificant part of a structure or structures and/or a chanae in
the intensity of use of land. such as an increase in floor area. Redevelopment shall not
mean the demolition of a lawful non-conformina solelv residential structure (which may
include accessory uses) and construction of a commercial use on the same parcel(s).
Redeve/ooment includes all other development customarilv associated with it unless
otherwise specified. When appropriate to the context, redevelopment refers to the act
of redevelopment or to the result of redevelopment. Reference to any specific
operation is not intended to mean that the operation or activity when part of other
operations or activities, is not redevelopment. Reference to particular operations is not
intended to limit the cenerality of this definition.
Redevelooment Area means those redevelopment areas described in or envisoned bv
the City's Comprehensive Plan or redevelopment aoals and plans that may be
established for particular areas bv the City Commission. The Biscavne Boulevard
Commercial Corridor described in the City's Comprehensive Plan as a redevelopment
area shall incorporate all commercial property with frontace on Biscavne Boulevard
includina 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
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,
Ordinance No. 2006-
Page 6
Develooment of a Darcel shall be subiect to the Site Develooment Criteria set out in the
zonina districts of this Section. Subseauent redevelooment shall be limited to existina
densitv and number of bedrooms. More soecificallv. for any orooertv on which the
densitv allowed bv the Site Develooment Standards is exceeded bv existina
develooment. the new densitv 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 densitv lower than allowed bv this Section. redevelooment shall be limited
to that lower densitv and to the existina 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 aoals that may be established for oarticular areas bv
the Citv Commission or redevelooment that is orovided bv exoresslv authorized
conditional use aooroval.
(b) Residential Single-Family District (RS1). The following regulations shall apply to all
RS1 districts.
(3) Site development standards.
a. 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 densitv allowed bv the Site Develooment Standards is exceeded bv existina
develooment. the new densitv 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 densitv and to the existina number of bedrooms. unless otherwise
orovided bv exoresslv authorized conditional use aooroval.
(c) Single-Family Residential Districts (RS2). The following regulations shall apply to all
RS2 districts.
(3) Site development standards.
g. 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 densitv allowed bv the Site Develooment Standards is exceeded bv existina
develooment. the new densitv on redevelooment shall not exceed that allowed in the
Site Develooment Standards and further orovided that if the develooment has received
Ordinance No. 2006-
Page 7
site plan approval. is under construction or existed prior to the effective date of this
provision with density lower than allowed bv this Section. redevelopment shall be limited
to that lower density 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 property on
which the density allowed bv the Site Development Standards is exceeded bv existinq
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 lower than allowed bv this Section. redevelopment shall be limited
to that lower density and to the existinq 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 property on
which the density allowed bv the Site Development Standards is exceeded bv existinq
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 lower than allowed bv this Section. redevelopment shall be limited
to that lower density and to the existina number of bedrooms. unless otherwise
provided bv expresslv authorized conditional use approval.
(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
Ordinance No. 2006-
Page 8
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 00 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 heiaht limitation. to a maximum heiaht of 30 stories or
300 feet. or to a maximum heiQht of 35 stories or 350 feet for any property which
was cranted a waiver pursuant to Section 3 of Ordinance 2005-07.
c. Uses that exceed the density limitation. to a maximum of 60 dwellinc units per
cross 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: 4Q 25 stories or 400 250 feet.
i. Development shall be subiect to the criteria set out in this Section. Redevelooment
shall follow the Site Development Standards with the exceotion that any oroperty on
which the density allowed by the Site Develooment Standards is exceeded by existina
develooment. the new density on redevelooment shall not exceed that allowed in the
Site Develooment Standards and further oroYided that if the develooment has received
site olan aooroval. is under construction or existed prior to the effective date of this
provision with density than allowed bv this Section. redevelooment shall be limited to
that lower density and to the existinc number of bedrooms. unless otherwise orovided
by exoressly authorized conditional use aoproval.
(g) Multifamily Medium Density Residential Districts (RMF3B).
(4) i. Development shall be subiect to the criteria set out in this Section.
Redevelooment shall follow the Site Deyelopment Standards with the exceotion that
any orooerty on which the density allowed bY the Site Development Standards is
exceeded by existina develooment. the new density on redevelopment shall not exceed
that allowed in the Site Develooment Standards and further provided that if the initial
development was constructed with density lower than allowed bv this Section.
redevelopment shall be limited to that lower density and to the existinc number of
bedrooms. unless otherwise orovided by expressly authorized conditional use aooroval.
Ordinance No. 2006-
Page 9
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
City's Comprehensive Plan.
(b) Neighborl1ood 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:
(9) InstitutiaAs such as Illaees of worship, lilnaries, museums ana similar faeilities.
(i=l 91 Antique shops.
(i-- 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.
(j j) Restaurants and cafes may serve alcoholic beverages where such service is
strictly incidental to the service of food and from a service bar only provided no
entertainment of any kind is furnished.
(k II No sign or any type of character shall be exhibited or displayed to the outside
denoting that alcoholic beverages are obtainable within.
Ordinance No. 2006-
Page 10
00 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 and mInimum landscaped open space
requirements: Fer pYijleses Elf tl=lis paralilrapl=l a., strustyr-e paFkiAlil sl=lall not SElYAt as
part of tl=le f1eor ar-ea, tll-Jt may be seYAted to'h<aFEl salculatioA ef tl=le floor ar-ea ratio.
1. For all buildings: Any structure parking serving the primary use on the site shall
be incorporated into the building envelope and shall be compatibly designed. Such
parking structure shall comply with all minimum setback and buffer yard requirements.
2. For these buildings Aet oxsepted l-JAder Sectien J1 1 ~~(G)(5)a.5 with :zaro JJ
parseRt ef the r-eElyir-ed paFkiAlil leGated witl=liA a paFkiAlil strusture: The fleer an~a ratio
sl=lall tle O.~O at eAe story and sl=lall be incr-eased by 0.11 fer eaGh additioRal stery. The
total lot ce'/eFage permitted fur all tlllildiAlilS OR the site shall net exseed 40 perceAt ef
the tetal lot ar-ea. The total miAimum landscaped open 6pase r.el:luir-ed shall be JJ
perGeRt ef the total let ar.ea. Hewevor, if str.ygtyr-e paFking le'/el(s) isfara counted
tewaFEls calslllation of the floor area ratie then the tetal lot ce\'eralile permitted fur all
buildiRgS eA tl=le site shall Aot exseed J8 percont of the total lot ar-ea. I\dditionally, the
tetal miRimum laAdsGaped epeA spase fElElllir-ed shall be J5 perGeRt of the tetallot ar.oa.
3. For those tlllildiAgs not eXGepted under SestieA 31 1~~(e)(5)a.5 with 3J perseAt
66 percent ef tl=le reEluifEld paFkiAlil leGated 't:ithiA a paFking strygtyr.o: The f10er area
ratio sl=lall tle 0.40 at one stel)' and shall tle iRGr.eased by 0.11 fur eacl:1 additieRal story.
The total lot GEl'lefalile permitted fer all buildiAlil6 en tho site shall not oxceed 40 percent
of tl1e total lot ar-ea. The total miRimum landscaped epen space reElYir-ed shall be 36
Ordinance No. 2006-
Page 11
porcent of tl:le tetal lot area. However, if strusbue parking le',-el(s) is/are Geunted
te'....ar.as salsulation of tl:le floor area ratio theR the total lot severage permittee! fer all
Duiloings eR tho site shall net 0*0000 35 per-csRt of the total lot ar.ea. /\e!e!itionally, the
total miRimum lanossaped epen spaoo requiree! sl:lall be 37 percent ef tl:ls tetallot area.
1. For those buildiRgs not exoepteo in SemieR 31 111(0)(5)a.5 witl:l ee percent 100
pement of the required parkiR!! lesatee! 'l:ith a paFldn!! strum\'!ro: The floor area mtio
sl:lalll>o 0.10 at one ster-y ana shall be inor.easee! by 0.11 fer SaGA ae!e!itieRal story. The
tetallot oovsmge per:mitted for all buildiAgS eR the site shall not exseed 45 percent of
the total lot area. Tl:le tetal minimum lane!sGapeEl open SPase r.equireEl shall bo 39
poroent of the tetal let area. However, if strumur.e parkiRg le'lel(s) isJar.e sountea
towards calsulatieR ef the floor area r:atie tl:leR the total lot oevOI'8ge permitted for all
builElings on the site sl:lall Rot exooed 35 llemoAt of the total lot area. /\acJitionally the
total minimum laRElSSaPOa open sllase requir.ed shall be 10 pereent of the total lot 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 oonformance with the
Comprehensive Plan.
~ ~ For shopping center buildings with over 1,000,000 square feet of gross leasable
area that provide public amenities including, but not limited to, public plazas, fountains
or other water features, seating areas and recreational walking areas and that do not
exceed 5 stories in height, the minimum landscaped open space shall be fifteen (15%)
percent of the total lot area. Said open space shall be extensively landscaped with
grass, trees and shrubbery in accordance with a landscape plan to be approved by the
City Manager. The non-leasable areas within enclosed or non-enclosed malls which
are landscaped with grass, trees and/or shrubbery, water areas therein, and areas
therein with permanent art display areas may be used as part of the required
landscaped open space provide such areas do not exceed ten (10) percent of the
required landscaped open space.
b. Maximum height: ;W 12 stories or 344. 120 feet overall maximum height, including
structure parking. For p\'!rposes of this paragrapA 1>., structure parking shall Ret be
oouRted iR semputing number of steries But shall bo COURted in eemputiA!! e'/emll
maJEimum 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.
Ordinance No. 2006-
Page 12
d. Setbacks: Far purposos af this paragraph d., structur.e parking inooFJlarated within
tile Iauilding aA'/elapo shall sallAt to'lJUr.d the Allmlaer of stories.
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 vard setback reauired for a plot
which is not adiacent to a street or allev. A side and rear vard setback of 20 feet
in depth is reauired for a plot adiacent to a residentially zoned district. street or
allev.
1. Those IallildiAgS '.'.'hose tetal Allmlaer Gf stories is Between zero aAd ten ~
floaro, including any GtrllctUI'8 paFking incoFJlorated within the Bwileing on'/elope, sRall
ha'le a fr.ont yare nat less than 25 feet in depth. E:very plot shall ha'/e a stFeet side yard
of not less than 20 feet depth. Ther.e is no side or Fear yard setBaGk r.eCluir.ed for a plet
which is not adjaGent to a str.eet or alley. ^ side and Fear yard setback of 2Q feet is
I'8qwiFee when adjaGent ta a r.esieentially zened district, stl'8et or alley.
2. These Bllildings whese total nwmlaer of stories is between 11 seven and 20
12 flears, including any strllGtwFe parking inGaFJlor-ated within the builsing envolope,
stlall have a front yam net less than a5 feet in depth. Every plet shall have a street side
yare Gf Ret less than a5 feet in depth. Ttlere is ne side or r.ear yam setbaGk reCluiFed for
a plot which is nat adjaGent to a stFeet or alley. ,II. siee and Fear yam setBaGk af a5 feet
is reqwired w!:len adjacent ta a Fesidantially zaRed district, stFeet ar alley.
a. These Iauildings '.'.'hose total nllmber of stories exceeds 20 flooro iRGluding
aAY structwl'8 paFking incorparatee wit!:lin the building eAvelope, shall !:lave a freRt yar.d
not less than 45 feet in depth. Ever)' plot shall have a str.eet sise yar.a af nat less than
<15 feet iR depth. Ther.e is no side or rear yam sotbaGk r.eEluiFed for a plot which is not
adjacent ta a street or alley. .^. side and Fear yam setback of 45 feet is reCluir.ed when
adjaseRt ta a r.esidentially zanod district, streot ar alley.
f. Development 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,
Ordinance No. 2006-
Page 13
particularly major arterials.
(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, em
aE!E!itional maximum Reight at 199 feet UD to a maximum of 20 stories or 200 feet.
(6) Site development standards.
a. Floor area ratio and lot coverage ami mmlFllum IaRBs€l8f39€1 OfJeR sfJl3se
requirements: For ~uFfleses of this ~aragra~h a., strLlstur:e parking shall not count as
part of the floor ar:ea, but may be counted toward oalGulatieR ef tho floor area r.atio.
1. For all buildings: Any structure parking serving the primary use on the site shall
be incorporated into the building envelope and shall be compatibly designed. Such
parking structure shall comply with all minimum setback and buffer yard requirements.
2. For those builE!iRgS with zero 33 persent at the requirea parkiRg leGateE! withiR a
parking struoture: The fleer area ratio shall be 0.10 at one story aRE! shall be iRGreaSea
by 9.11 fer eaGh additional story. TRe tetallet s9':erage ~ermittea fer all BuilE!iRgs en
the site shall net exseea 19 ~erGeRt afthe total lot area. The tetal minimum lansssapea
e~en s~ase requir:ea sRall Be 33 ~erG8nt of tho total lot ar-ea. He'lJe\<er, if struoture
~arking 10'.<81(s) islar-e s9uRteE! tewaras saloulation af tho floor area ratio then the total
lot coverage permitted fer all BuilE!iAgs eA tho site shall not oxceea 38 per.cent of the
total lot area. l\daitieAally, the total minimum lanassapea o~eA s~ase r.equirea shall be
35 ~ef6eAt of tRe total lot area.
3. Fer these buildings with 33 ~erGeRt 66 ~ef6eRt ef the r:equir8E1 parking losated
within a parkiRg strLlsture: The f10er area ratio shall be 0.10 at one story ana sRall be
iAsreasea by 0.11 for eaGh aaditieAal story. TRe teta' lot €leverage permitted for all
builaings eA the site shall net 01lGe8a 10 persent ef the total let area. Tt:Ie total
minimum lanassapea epeR spase required shall be 36 per-sent of the total 'et area.
Hewe'ler, if struGture parkiR!i le\'91(s) is/are GeuRteEl te'Nards salsulatioR ef tho floor area
ratie then the total let seve rage !'lermittea fer all buildings on the site shall not eXGeea
35 !'leroent of tRe tetallet area. /\aE!itieRally, the total minimum landsoapoa open space
r.equir.ea shall be 37 persent at tAe teta'19t ar.ea.
1. For these BuilaiRgs with @e !'lerseAt 199 !'lerGeRt at the required parking locatea
with a !'larkiAg strustur:e: The fleer area ratio shall Be 0.10 at one sterr ana shall be
insr:easea by 0.11 for eaGh aElaitieRal stel)'. The tetal let sovemge permittea for all
builaiAgs OR tho site shall not exceea 15 !'ler.seRt of the tetal let aroa. TAe tetal
minimum lanassa~ea O!'lOR space requirea shall Be 39 !'leroeRt ef the tetal let ar:ea.
Ordinance No. 2006-
Page 14
Hawever, if stn:lohll'a parking le\'el(s) is/are se\:lnteEl teV/ams salol:llatien of tRe floor area
ratio tRen the tatal lot oe'.'Elmge permitteEl for all B\:Iildings an ttle site shall not eXQeeEl
35 peroent ef the 19tallot ar.ea. !\Elaitionally 11:1e total minim\:lm landsoaped open spaae
req\:lired sRall be 49 per.Qent of 1Re 19tallot ar-ea.
2. The floor area ratio shall be 0.40 at one StoN and shall be increased bY 0.11 for
each additional stoN. Structure oarkina shall not count as Dart of the floor area. but
shall be counted in comoutina buildina helaht. 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.
b. Maximum height: 2Q 12 stories or 344- 120 feet overall maximum height, including
structure parking. For pl:lrpases 9f tRis pamgr-apA e., stn:lGture parking sAall net ee
sa\:lnteEl in oomp\:lting n\:lmBer of st9ries e\:lt shall Be sa\:lntea in Qompl:lting o'Jer-a1l
maxim\:lm heigRt. 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: Far p\:lrpOBeS of tt-lis par-agmpR EI., struGtl:lre parking inQorparateEl within
the bl:lilEling en'Jalopa shall sa\:lnt ta.....arEl tRG n\:lmBar of stories.
Front yard: not less than 25 feet in deoth
Street side yard: not less than 20 feet in deoth
Side and Reaf yard: There is no side or rear vard setback reauired for a olot
which is not adiacent to a street or alley. A side and rear yard setback of 20 feet
in deoth is reQuired for a olot adiacent to a residentiallv zoned district. street or
alley.
1. These builaings wAose total numBer of stoFies is eetween zero anEl ten ~
flaors, iAQluaiAg aAY strl:lstur.e parking inoerpomtoEl witRiA the Iill:lilEliAg en'Jelope, shall
have a front yar.a not less than 25 feet in EleptR. E'Iery plot shall Ra':e a street siEle yarEl
ef not less tRan 20 feet depth. TheFe is no siae or rear yard setlilaok FeEl\:lirea for a plot
.....hioh is not aejasent to a street or alley. /\ BiEla and r-ear yard setBaok of 20 feet is
reEl\:lired '....AoA aEljaQont ta a resiElentially zoneEl Elistriot, street or alley.
2. Those B\:Iildings wRoBe total n\:lmeer of stories is Ben\'Elen 11 seven anEl 29
12 floors, inoluEling any str\:lst\:lr-e parking inoorpomteEl within tRe euilding en'lelope,
shall Rave a frent yar.o net less tAan 35 feet in Elepth. E'Iery plot sAall t-la'Je a street siEla
yam of not less tRan 35 feet in Elepth. TReFe is na siEle or Fear yard setl3ask FeEll:lireEl fer
a plat '.\'hist-l is not aejasent to a str-eet or alley. l\ side anEl Fear yam seteaok of 35 feet
Ordinance No. 2006-
Page 15
is reqllired vJl:leR adjaooRt ta a resideAtially zaAed distAct, streat or alley.
3. Tl:1ase BllildiRgS '....l:1ose total nLJmBer of stories eXGeeEls 20 floors iRGlllEling
aRY strllGt\,lre JilaFking iRGeFJ)oraleEl ,..AtRiA the b\,lilEling erw9lal'le, sRall have a freAt yard
not less tllaA 45 feet iR Eleptll. every ",Iat shall have a str~et siEle yarEl of Rat less than
45 feet iA EleJiltR. There is 1'10 siEle or rear yaFEI satBaGk req\,lireEl for a I'Ilot WRiGI:1 is Aat
adjaGeAt to a street or alley. .'\ siEle and r~ar yaFEI setbaok of 45 feet is reqLJimEl when
adjaooAt te a resiEleAtial1y zORed Elistr-iGt, weat or alley.
f. DeveloDment and redeveloDment 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 -1+e ~feet overall maximum height, including structure
parking. For JilIlFPoses at this JilaragraJilI:1 B., str-llGtllr~ JilarkiAg sl:1all Aot Be ool"nteEl iR
Gompllting nl"mBOr of stories Bl,lt sl'lall be 6el"Rted in comJill,ltiRg o'.<erall maxim 11m
height.
c. Floor an/a ratio and lot coverage: For JilI"FPoses of this paragrapl:1 C., struGtl"re
paFkiRg shall Rot ool"nt as Jilart of the fleer area, bl,lt may be GellRtee taware SalGlllatiaR
of t!:le fleor area ratio,
1. For all buildings: Any structure parking serving the primary use on the site shall
be incorporated into the building envelope and shall be compatibly designed. Such
parking structure shall comply with all minimum setback and buffer yard requirements.
2. For those BllilEliRgS wit!:l zere 33 JilefElElRt of the reql"ired paFking leGated .....itl:1iR a
l'IarkiRg strlJGture: The floor ama ratio sl'lall Be gAg at eRe stary anEl shall be inGmaseEl
by 0.11 fer eaGI:1 aElditional slery. Tl:1e tetallot Gover-age permittee fer all bl,lildiRgs OR
tRe site sRall not eXGeee 40 JileroeRt of t!:le lelallot area. However, if struGtllre JilaFkiRg
le\<91(&) i6fare GOIlAted tewarEls SalGlllatiaA af t!:le fleer area ratie t!:leR tl:1e tatal let
Ordinance No. 2006-
Page 16
coverage per-mitleEl fer all BuilElings eR the site shall not exee9El 38 peroeRt of the tatal
lot ar.ea.
3. For these Bl,lilElings with 33 peroent 66 !leroent of the rel:ll,limEl parking locateEl
withiR a !'larkiRg strl,lGtl,lre: The lIeer ama ratie shall Be 0.10 at one story and shall Be
iner.easBEI by 0.11 far saeR additieRal star;. Tha tetal lot eel/Brage per-mitteEl for all
BuildiRgS on tho site shall not oXGeeEl 1() !'lereeRt ef the tetal let ama. Ho'....e'/er, if
stNctl:lm par-king le'lel(s) islaF9 eouRteEl towams ealculatien of the 1I0or area mtio tROR
the total lot eO'Jerage !ler-mitteEl for alllluilElings em tho site shall Rot exeeeEl 35 per-seRt
of the total 1st aF9a.
4. For these DYilElings with 66 paroent 190 !lal'Gent of tha F9l:1uiF9El !'lar-king locateEl
witJ:1 a !'laFking strl:lGtyre: The lIeer aF9a ratie sRall be 0.10 at one story anEl shall bo
insF9aseEl by 0.11 fer eash aElElitieRal story, The total lot ceverage permitteEl for all
bYilElings on tRe site shall not el(eeeEl 15 pereent of the total lot area. HOIJl9'/er, if
stRlGtl,lF9 !'lar-kiRg 10\'91(8) is.'aF9 eeYRtoEl tev/ams ealelollation of the 1I0or aF9a ratio then
the tetal lot oo'JBr:age !'ler-mitted for all bl,lilEliRgS eR the site shall Ret el<GeeEl 35 !'leroeRt
ef the tatallet ama.
2. The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for
each additional storv. Structure parkinc shall not count as part of the floor area. but
shall be counted in computinc buildinc heicht. 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.
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 !'lY~eses ef tRis paragmph d.,
strl:letl,lF9 par-king iRee~orated WitAiA tRe lll,lilEliRg eR\'slepe sRall seynt tewam tRe
number of stories.
Front Yard: not less than 50 feet in depth.
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 depth.
1. These buildings whose tetal RumBer of stElries is betweon zer.() anEl teA fleers,
insll,lEliRg aRY etrl,letl,lre parkiRg iRee~erateEl witRiR tRe bl,lilding eR\'8lepe, shall ha'l9 a
ffeRt yard Rat less tRaR 50 feet iR Elepth, E'/e!)' plot shall ha\'e a street side yard of not
less tRan 15 feet Elepth. Every plot YpeR '1mieh a stn"Gtl,lre is hOF9after eF9deEl shall
have a miRiml:lm mar yam of 25 feet. /\EljaseRt to any RS ElistFiets the seteaek shall be
30 feet.
Ordinance No. 2006-
Page 17
2. TRese BYilElings 'NRese !etal numBer of &teries exceeEls ten fleeFS, inGIYEling
any GtrYGtyr-e paFking incorporateEl within the BuilEling envelepe, shall have a frent yam
net less tRan 50 feet in EleptR. Every plot sRall Ra'/e a str-eet side yam of not less than
25 feet in Elepth. Every f3lot UpOA whiGh a strustyre is hereafter eresteEl sf:lall f:lave a
minimym rear yam of 25 feet. AGjaGent to any RS Elistrists the set9aGk sf:lall be 35 feet.
3. These BuilEliAgS wf:lese total nymber of stories el(GeeEls 20 fleeFS inGIYEliRg
aRY strYGture parking inGGFPerateEl witRiR the building envelepe, shall have a front yard
not less tf:lan 45 feet in Elepth. Every plot shall Rave a streot siEle yam ef Ret lass tf:lan
45 feet iR Eleptf:l. TRere is ne siEle er rear yar.a setbaGk required fer a 131m ':Jhiof:l is not
aEljasent to a streat or alley. A side anEl rear yard setbaok of 45 feet is reqYireEl wf:len
aEljasent te a resiElentially zeneEl ElistriGt, street er alley.
e. Minimum open space: Minimum aDen sDace shall be 22 Dercent of the net lot area.
Landscaped open space may include entrance features, passive recreational uses
and/or 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. Tf:lese BYilElings 'JJRese tetal number of stories is getween zero aRd ton fleoFS,
inGIYEliRg any stR:lGturea paFl<ing iRGeFPerateEl witf:lin the 9Yilding envelope, sRall f:la'/e a
minimum epen spase of 22 peroent of the net lot area. If strYstyre paFking le'/el(s)
is/are Geynted tewards GalGylatieR ef tf:le fleer area ratie, tReR the total minimum
lanElsGaped apeR spaGe reqYirea sRall ge 25 peroent of the total lot araa.
2. These 9Yllalngs wRose tetal number of steries ellseeas teR fleeFS, iRGIYEliRg any
strYGtyreEl paFkiRg iRGerperatea witRin tRe 9YilEling eRvelepe, shall ha\'e a minimum
of38n spaEle of 25 p8r.eent of tRe Rot let area. If strYGture paFkiRg 19\'81(s) is/are counted
to'Nards GalGulatien ef the fleer area ratio, then tRe total minimum lanasGapea epeR
spaEle reqYireEl sRall 98 28 pereent of tRe tetallot area.
a. DeveloDment and redeveloDment 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
Ordinance No. 2006-
Page 18
permitted uses.
(2) Conditional Use. The following uses if first approved as a conditional use:
b. Multi-family residential uses with a maximum densitv of 35 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 teA twelve stories, or -1+6 120 feet overall maximum height, including
structure parking, l,lnless atherwise speoified in this sestio", For pl,lFfloses of this
paragraph D., strl,lstl:lr9 paFldng shall nat Be eOl,lnteEl in sOFRpl:lting nl:lFRBer of stories Bl,lt
sRall Be sel,lnteEl iR sOFRpl,lting o'Jerall maJEiml:lm Reight.
c. Setbacks: No parking areas shall be located within 30 feet of any residentially zoned
property or within ten feet of any street line. For pl:lFflOses of tRis paragrapR 0.,
strl:lGtl:lFe parking inGoFflorateEl within the BuildiAg eAvelepe shall eel,lnt towarEl the
nl,lFRBer at steries.
Front yard: not less than 50 feet in deoth.
Street Side yard: not less than 20 feet in deoth.
Rear yard: not less than 25 feet in deoth.
1. TRese Bl:lilElings '/IROSe tatel nl,lFRBer at staRes is BetweeR z.ero aREI ten tloeFS,
iASIl:lEliRg aAY stR:lGtl,lre parking insoFflorataEl .....ithin the Bl:lildiRg eR'!9lope, shall ha'J9 a
front yaFd nat less than 50 feet in Elepth. EveF}' plot shall have a street siEle yBr:e of Ret
less thaR 20 feet iFl Elept". Every plot l,lpon whish a strl,lstl,lFe is heFeafter ereGted shall
have a minimum rear yam of 25 feet.
2. These Bl,lildiRgs '....hese total Rl,lmBer af steries is Between 11 anEl 20 tlooFS,
inGll,lEling any strl,lGtl,lre parking inoeFflerateEl wit!:liR t!:le Bl,lilEling envelepe, shall have a
frent yar:e nat less than 50 feet in Elept!:l. e'leF}' plot sRall !:Ia'.'€! a stFeet siEle yar:e ef net
less than 30 feet in depth. e':eF}' plot l,lpeR whieR a strl,latl;lre is Rereafter eFested sRall
ha'/9 a miniml,lm rear yaFd of 30 feet.
3. TRose Bl,lilElings whese tetel nl,lmber at etaRes eJEseeds 20 tleeFS, insluding
3ny etrusbu=a paFkiAg iRG9Ff)sFatea \..~itt:liFl the Bt:JilaiAg eA':elar;>e, shall ha'J9 0 treRt yard
not less tRan 65 feet iR Elepth. Every plot sRall Rave a street siEle yar:e at Rat less t!:laR
<15 feet in depth. Every ~Iot '=IpSA \Vtlish a etruGtI;lFO i& Ror-eafter eroGteEl shall have a
miniml,lm Fear yar:e of 45 feet.
Ordinance No. 2006-
Page 19
4..1. 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 ama ratio and lot coverage and minimum landscaped open space
mquimments: For pllr-peses of this paragraph a., &trllGtllre parking shall not GOllAt as
part of the floor area, Bllt may Be sellnted toward ealslllatien of the fleer area r.atio.
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 tllese Bllildings ',\lR1l zere 33 perGent of tile re~llirod paFkiAQ leeated withiR a
parking struGtllre: Tile fleer area raiie sllall Be O. <\0 at ene stery ang shalllae insreaseg
BY 0.11 fer eash agElitienal stery. The total lot coverage permitted for all bllilEliRQS on
tllG site sllall net eXGeeG <\0 peroont of the tGtallet aroa. The total minimllm landscaped
epen space re"lllired sllall Be 33 pSFGent at tile tetal let area. Hewever, if strllGtl:lre
paFking I&\'el(s) is/are cellRted tewards ealslllatieR ef tile fleer area raile theR the tetal
let SElverage permitted fer all Bllildings on the site shall Rot exceed 38 peFGeRt of tile
total lot area. !\dditieRally, tile tetal miRimlJm landssapeEl epeR spaoo r-eqllired shall be
35 peFSeRt eUlle tetallot area.
3. For tllese BllildiRgS witll 33 pereeRt 66 perseRt ef tile re~l:lired paFkiRg lesated
witlliR a paFkiRg strllGtllre: The fleer area ratie shall Be 0.<\0 at one story aRd shall be
iRsreased BY 0.11 for easll additional story. The total lot SElverage permitted for all
BllildiRg8 eR tile site 81lall Ret eKssed <\0 persoRt ef tile total let area. Tile total
miRimllm laRdssapod epeR spaoo re~llired sllall Be 36 per-GeRt of tile total lot area.
He'..\fe~Jer, if Btryet\.JFO f:)aFkiFlg le')OI(&) i&lare S9I:JAtea t9tNaFSS salst:Jlati9R 9f tR9 fleer amo
ratio then the tetal lat eavemge permitteEl fer all builEliRgs an the site 8Aall nat exceeEl
Ordinance No. 2006-
Page 20
35 paf6Elnt of tAa tatallet ar.ea. Additionally, the total minimllm li:lAdssapElEl epeR space
r.equires sl1all be 37 pefGent of the total let area.
4. Fer tAese buildiRgs with ee pe~eAt 199 perGeRt of tAe required parkinglesated
WitA a parkiRg struGture: TAe fleer area ratie shall be gAg at ORe &teIY aRs shall be
inElreaseEl by 9.11 for eaeA additieRal stery. TAe tetal let Ele\'eFage per:mitteEl for all
911ilsings OR the site shall Rot elEsees 45 per-GeRt of the total lot area. Tho tetal
miRimum laRElssapeEl epeR spaee requireEl sAall De 39 perseRt of the tetal lot area.
Ho\':ever, if struGtllre paFkiRgle\'.eI(s) i&fare COllRted te\'lIams oolslllation of tAe fleer area
ratie tAen the tetal lot <leverage per:mittes for all bllildiAgs an the site shall not olEseed
35 pe~eAt of the tetallot ar.ea. Additianally the total minimllm landsGapoEl epen spaGe
r.eqllired GAall De 10 per-Gent of the totallat area.
e 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 landscaoed aDen soace reauired shall be 33 oercent 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 stOry. Structure parkina shall not count as Dart of the floor area. but
shall be counted in computina buildina heiaht. The total lot coveraae Dermitted 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 (TC1). The following regulations shall apply to all TC1 Districts:
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 oermitted in the B1 District with increased floor area.
&, d. Sale of alcoholic beverages for on-premises consumption except with meals.
&, ~ Uses that exceed the height limitations, including parking structures.
&, t. 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.
h1 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.
Ordinance No. 2006-
Page 22
j,. k. Driveways for mixed-use projects exceeding 20 acres in size with a separation
of less than 150 feet of landscaped frontage as long as it is determined, as part of site
plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of 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.
k1 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. .'\1Il,l6e6 per:mittes 36 3sse6ssry l,lGes in the cr;, Comml,lnit}. FasilitieG OiGtriet
(10) Desion Standards. All development in the TC1 zonina district shall substantiallv
complY with the applicable "Town Center Desion Guidelines" as provided bv the City
Manaaer.
(c) Town Center Marine District (TC2). The following regulations shall apply to all TC2
Districts.
(12) Desion Standards. All development in the TC2 zonino district shall substantially
comply with the aoplicable "Town Center Desion Guidelines" as orovided by the City
Manaoer.
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 Aventura; that the sections of this Ordinance
may be renumbered or re-Iettered to accomplish such intentions, and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading. This Ordinance shall not conflict with or be applied
in any manner that would conflict with any waiver granted by the City Commission
pursuant to Section 3 of Ordinance No. 2005-07. Accordingly, the previously existing
land Development Regulations shall control any development or redevelopment that is
authorized by a Resolution granting any such waiver.
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption at first reading. This motion was seconded by Commissioner Auerbach, and
upon being put to a vote was as follows:
Commissioner Bob Diamond yes
Commissioner Zev Auerbach yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner luz Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by
adoption at second reading. This motion was seconded by
upon being put to a vote was as follows:
, who moved its
and
Commissioner Bob Diamond
Commissioner Zev Auerbach
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner luz Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Ordinance No. 2006-
Page 24
PASSED 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:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of February, 2006.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
BY:
rt Services Director
TO:
DATE:
December 28, 2005
SUBJECT: Ordinance Revising City of Aventura Police OffICers' Retirement Plan
January 10, 2006 City Commission Meeting Agenda Item , .J
February 7, 2006 City Commission Meeting Agenda Item J - -<
Recommendation
It Is recommended that the City Commission approve the attached ordinance which
formally changes the employee contribution rate for the City of Aventura Police Officers
Retirement Plan.
Backaround
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 50150 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 provisions of the pension plan approved 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 approval 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 AdoDted. That the recital stated above is hereby adopted
and confirmed.
Section 2. City 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, effective October 1, 2003 shall be 14.5 percent of covered
payroll. The employee contribution rate shall be six aREI tArss tSRths J3SrssRt 6.775%
(six and seven hundred seventv five thousandth oercent) effective October 1. 2005.
1 Proposed additions to existing Ordinance text are indicated by underlinina; proposed deletions from
existing Ordinance text are indicated by slrikelllf9\lgll.
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 Aventura; that the sections of this ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. This Ordinance shall become effective immediately upon its
adoption.
Ordinance No. 2006-
Page 3
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its
adoption at second reading. This motion was seconded by Commissioner Auerbach,
upon being put to a vote, the vote was as follows:
Commissioner Zev 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 at 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
Ordinance No. 2006-_
Page 4
PASSED AND ADOPTED on first reading this 1011I day of January, 2006.
PASSED AND ADOPTED on second reading this 711I day of February, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~~
CITY ATTORNEY
~ :t:
~
I- :::;;
z M
w ~
~ ~
LL s::
0 0
~ :;:;
"
U "
VI
;;
s::
~
;; '"
0>
E ~ '" s::
0
'" [L a
z '" C
'E t 0 ."
'" 13 "
.!!1 > '"
U '0 '" '"
<( rf) Cl
~ ~
Cl Cl
'" ~
'OJ' Cl
.... 0 :i:
~ ~
Cl Cl ~ all
N N ><
.... .... N al
"
1l
E
" " 1i.
'" z
.c
E s:: >-
0 I-
" t ~
z '" ;; 0
~ '" N 0
.!: Cii ()
e
..0
-
B
toot
::R
.-
~
~
toot
..c
~
c,g1
O!.
Oii
N~
- .
C'"
.....1;
.... '"
- .
~ g
0-lJ
.~
. . .
(I)"
101
c.
.
I:'l!
o~
._ e
_0.
ctl ..
ul<
::f
.otj
;,<::
a..~
THE MIAMI HERALD I Mi~I~IHerald"Oi~
CONFI.ICT IN IRA.Q
'E
s
c
o
o
~
c
.
.
~
,
0.
f
~
~
o
0.
.
.
~
.
.
~
c
.
.S
.
o
.;;
i!
o
.
~
'Ii
.~
.
."
.
1;
f
o
'0
c
i;-
S
,
o
>
]
.~
]
.
0>
.
0.
."
C
.
S
.
."
.
'"
c
o
."
1!
.
:z:
.e
.
i
.
'"
....
.s
...........IlI..
IlLASTSlTE: A shop owne, c,i",in tronl of hIS coH"e shop anera bombing there
Thursday in Baghdad. Seco<lds alter lhelirst emlosiO<1,a bomb detonal ednearby
Bombs hit Baghdad;
American still held
"'Bomblnlllkllladmo",
thlln 12 p.eopl. In flalilhclllcl.
Inoth.r....nts,~.ctton
..."ItI~ouldb..Itl..$ltcl
todayandakldnappad
"'m.rk:.n'IP...ntlu~
lorh....wu....
dNdllnaloomad.
BVSAMElIlN.Y.l.COUI
AI<""'.t.d......"
BAGHDAD - Two oe.,-
.imultaneou. bombings t>,-
geted. crowded downtown
Bagh.dad cnf{ee shop and 0
nelrby""tauralll Tbursday.
klllingmoretlwl.adozenpeo-
,.
ThcaU.ck,came.,afo,.
elgn a..e..men! leam
,ep<>fled evidence cffr.ud in
the Oec.l'ieledlono, but did
n<>t ""dcrsecall. 10' a rerun.
The bcmbing, occurred
de"ipitegcve'nment move, 10
heighten.eOilrilya'theelec.
lion eommi..ion p"'pa,e. to
announ<:elheelectionre.uh..
The aonouneemeol. whicb
could come today, .et. lhe
stage (ortalk.ona newgav.
e,nment U.S_ official. hope
will help e&lm th. l""u'Vncy
.ndenabletheUnite<lSt.te.
to begio witbd,awing i"
140,000"'001""
The first e~plo.ion
ocOilrred.t.co(fee.hopon
bustllngSoadounStreetinthe
hurt afB.ghdad. Second.
later, a bla"cau,ed bya
planledbombn>ckedare'i"u-
nntiustdownlhe.tre."
Somea{ticlal..aidtb.rlrst
bl...,w.."igge,edby a.ui.
ddeallackerwilh an..pla-
,iveVe"il.wbileatbersirulisted
bothwer. caused by bomb,
delonaledbyremo<eronln>J.
OiJiciab "'p<>rted lhedeatb
toll between 13 and l5. Pollce
Ll. Osam. Mohammed blamed
the coniu,ion on Ihe mis.
oountiogo(OOdie'OOcau.etbe
blast sit.. were SO close.
The explo.ion. ,h.nered
windowo and de.troyed ,ev-
eral car.. Woodell table..nd
chairswere.trew" over the
bloodslainedpa""menl...res-
cue workers trealed the
wounded. Two men oobbed
hesidelhebodieooilwomen
coveredwitb blankeu Olltside
tbe coffee sbop
KIDNAPPED AMERICAN
The mother o( .bducled
AmerlconJmCatroJl,mean-
while,.ppealed(orberd...v--
ter'. ",leose_Hercaptors h.ve
lhreateoedto kill thejoumal-
iot unle.. U.S. authorities
release all Iraq; WOIYIea in mil-
iary OilSlndy by tonight. Mus-
lim leaders in lraq.od else-
wberejoined in tn..ppeal.
Mary Beth Corroll. ,pe.k.
ing on CNN On Thuraday, ,aid
video image,o(ber daughter
In c.ptlvity, airod by AHa-
zeera television. lIIve ber hope
shei..livebut.isohavc
",hakenu..bouther(ate."
"I. herf.ther.nd her.ister
are appealillg directly to her
c.pton torele.", thisYOUIIi
WOman who ha. worked.o
hardlo.howthe.ufferin@:sc(
Ir.qis to rhe world,"' the
mother sold.
The U.s. mllitaryha. soid
eigbllr~lwolllCnareinJUiU.
larydetenlion.An Iraqigov.
ern"",nt comml.slon review.
109 det.ine.. coo...
reco""""JldedtoU.S,lIUlllorl.
tie. Mondaylh.t .bo{them
.~... '. ..i....;j
: ...;..
.' . I".,~.,
. T~
' ~
However, White Hono..
pre" ",cr..l.rySCOtl MoClel-
Ian..ldnoprl.onerr..le....
w..immiaent
VIOLENCE CONTINUES
Th"'sday'. blasts were pan
oi. 'u'lle in violence in Iraq
Ihi,,,,....k.U.s.andlraqioffi.
ci.ishavepredicted.spikein
auock,whenlheelectionrtg-
u"'...erele....d
Maj. Gen. M.hdi S.bih
H..him ..id Thursd.y Uta.t
heiRhl..nedsec'UtitywOllldbe
in eCCect nationwide in the
"coming day.." He gave nO
detail.. but said aulhoritie.
intend lOgo ail..r "lorrori."
deepinlbei,bide-outs.'
Prolimina.y rep<>rts lndi-
c.leonallianeeu(Shilt.Mu,'
limreligiou'parlie,wOOlhe
most ",.t. in Ihe 275-member
porlia.menl bul not enough to
gavernwitboutcoali!ionparl-
ners. including Sunni Arabs
ondKurd'.TheShiite.doml.
llIteln.c'urrenlgov..rnment.
,.....,,-,-,.
A80UC1tlI: U.S. wrilerJill
Carroll'scaptorshave
threatened 10 kill her
bereleosed
Deputy Juotice Mioi".r
IlusholbrahimAUsaidlhe.i~
women would beireed next
week but "not pa" oj any
.wapwitbanykldnappe""
@
'..""."
CITY OF AVENTURA
NOrlCE OF AMENDMENT
OF rHE CITY'S
LAND DEVELOPMENr
REGULATIONS
PubliC NOliceis hereby given that ,the Aventura
Clly CommiSSion will meet in a publiC hearing on
Tuesday. February 7. 2006 at 6:00 p,m, to
consider adoption on second and final reading of
IhelollowingOrdinance:
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. REGUL.ATIONS,
RESTRICTIONS AND PROHIBITIONS;
PROVIDING FOR SEVERABIL.ITY;
PROVIDING FOR INCL.USlON IN THE
CODE; PROVIDING FOR AN EFFECTIVE
DATE.
The above described Public Hearing will be held
commencing at 6:00 pm on Tuesday, February 7,
2006, at City of Aventura Government Center,
19200 West Counlry Club Drive, Aventura,
Florida, 33160. The prDposed Ordinance may be
inspected by the public at lheOffice of the City
Clerk. 19200 West Country Club Dnve, Avenlure.
Florida. Inlerested parties may appear at the
Public Hearing end be heard with respect 10 the
proposed Ordinance
In accordance with the Americans with
Disabilities Act of 1990. ail persons who ara
disabled and who need special accommodations
~~~~ri~t~p:~~~rd t~nf~~~~~in3ft~~fS~h~( ~i~
Clerk, (305) 466-8901, not iater Ihan two
business days priDr 10 such proceedings.
Ifa person decides to appesi any decision made
by the City Commission with raspect, to eny
matler considered at a meeting or heanog, that
person will need a record of the proceedings and.
lor 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 eppeal is to be based.
WORI.D
PAKISTAN
I'RIDAY,JANUARY20..00611IA
Two who may have buried
dead militants are sought
CIlPaklll.nl.uthotlll.s.r.
...klngtwotlarluwho
dlnaclwlthmllltantl
b.lI.vadkllladln.U.S.
ml..lla.tlaek.nd.....y
ha....burladth.I'bodl...
IllJj........ltOH
.."""",",,,,.,,
PI!SflAWAR,l'lldslan-
l'.Id,ta.n! 'g~nl' conllnued
lbeirhunt Thund.y {or two
pro-T.Ub.n clerics who
dinedwlthiopslQl.edaoper-
.tlvcs the night oil..t week'.
U.S,ml..iLeItrlke.hopLagto
81..an new del.i1. ah<lut the
attack and woo was killed.
Paki".ni o(tki.ls say
FaqirMohamrnedand Liaqal
Ali were likeiy re<pon,ibte
forburying-andconce.UnK
-lh~bodi"o(a.many".
lOur Kl Qled. operative,
killed io lh. U.S. a.sanlt thai
torge<ed.butntis..d.thellel.
work',No.2lead..r.Aymanal
Zawohri.
Moh.mmed reportedly
returnedaOl\rthe"",neoithe
Ittackin P.ki""n'. "ibal
'l1I'iontwodoy.lllerlole.d
anonti-U.S.proteat
"Tb.t gOnrnm!Qt il
Ict!vclyhuntlng (or them,"
1IIid.""niorJOVernmcntoCll.
ciolwltbhlgh.levcl.""ellto
iniorrnatlon 00 the Dorno4oJa
Ittack.
'"Ono.. We bave them in
Oilltody, mOre wlll deilnltely
beuvNled".bouttbatnlllb.t,
said the otlkial,who declincd
tobeidentilledbeeouscaflhe
scnshivenatureoith..lnves-
tigltlOn.
Oifici.ishavos.id(ouro,
live foreign milllant. were
kllled io th. Jan,13attICk In
Darnadola,avlllage nea, tlte
Ai8banborde,.
Tbeysaytheairmiket.,-
geted - bul missed -
ZawahrL
1l.lsok:;lIed13loealpeo-
pI.., outraging many In tbe
l.lantkeountry.
Chemical we.pon. e%pert
MidluuMunialSayidUma,
nt.yhe amonglop.1 Qaed.
operotive.lilledintb..allaek.
PoltistanlintelligeR<'Ooificlab
..d
Inlerior Mlnl"er A(t.b
Sherp.o, who WIS in New
YOlk with l'rlmo Mlnllter
Sh.ukotAsl%,..ldthebodie.
m.y have been t.koa by
Mohammed. wbo w.. born in
the ,m.ll h.mlet o{Sewal,
whlehl.just.t'ewmUesrrum
Damadol..
Tbeoffidalla.ld.rountci
h..Wy dUll IrOV's a(\er Ihc
alt,trikell"""'.tedllllwlnfor.
mation. At least tWOO(lhe
Rroves h.d no bodies. but
Were ll11ed inwlthdi".ny.
way.
Three ",hor IIr.ve. "'ere
dug and lell..mpty
"'The .earch (or people.
de.dorallve,isstillongo.
ing," saldShob ZKrnan Khan,
lbegovernment"top'pok...
man (or th~ Irlb.l region.
borderinj;Aiillllli.tan.
Mohammed .od AIi'.
movomealSolncetho.ltaek
m.kethemprimesospectoin
tbe.upposedconce&lm.nto(
tb..bodie.,Polti.t.nlot(lCials
~
CANADA
Candidate vows cozicr relations with u.s,
BT8HlIO~Ff"IlOWIl
..."""""p,.."
HAMILTON. Ont.rio -
TI<e leoder ofC.nada', (ronl.
,ullningCon.e,voliveparty
..idThursdoy thaI be would
"and up 10 the White House
ollmltlerso(natiooalinler.
e'l. bul do so withoul insult.
ing'"ourbigge"OilstolllCr:'
StephenH.rper"parlyi,
poised 10 end\J y..rs nfUb-
eralParlrrulewhenCaoadi-
onsJOrotl>epolbMondoy.
P,imeMinlsterhulMa,.
linbl.warnedtradition&lly
liberal Canadialts thot Harpe'
po...... moderato bUl'Up-
PO'''tbeU.S_effort in Iraq.
opp<>se.ah<lrtionandwuuld
overturn l.w..pproving g.y
IOltlTiage.
TheUS. and Canad.o c"m-
pnseoneoftheworld'liarll-
e.. economic bloc'. with
SI.5bitlion in d.ily tr.de. but
relatiomhav~grown(ro.ty
in the l.oSl Y"."
C.n.d.'. CUffent Uber.l
government oppo,e. the W.r
in lraq, and Martin in(urioted
the Bush.dminl.".tion by
optingoulofitspropo.ed
conlin..ntal antibaUi.tic mi.-
.ile.hield.
Ottaw.routinety,ebuk...
WuhinlPonoverltllumber
,ariO"sandre(usol,oioLntb.e
Kyoto Protocol to reduce
greenbousegases
Ha.rper', Conservatives
have held. solld lead oVer
IheLiberalsinthepolllintbe
lastc.mpaignmelchbe(ore
C.nadiansel"Clanewleade,
.od tho301l.,ut House 01
Commons.
"llhink th.l wo shuuld
obviously have gaod relalion.
wlteneve, p<>ulble wllhour
doselt ally and our bij:ge<t
customer," Harp..r .aid
Thur'day
"I would hope 10 talk 10
lbe p.e,idenl very elo.oly to
'l.rlu'Onlh.ttrack,lIul
thlU',ootlloingtotllil..u.of(
ftghtingonspeeJilcCanadian
Interests:'
c.rw:t.insisutbeUnited
Sl.teo 10 ylolating the NOrlh
AmericanPreeTrad.Agree-
""mtbyimpoolua:nifipenal-
tie. on Conadlan lumber.
Canodlan.otyplcaUylo"lelt
when theirlea<lers.t.nd up
10th..UnhedSlale..but
m.ayhav"lIrowowoaryo(
tb.everbol.parrinlj.
~ IN ......1"'O\1"i"""'"I"'i"'''/ot.'ltTNlINI\l<.l.B.
-
....(
-
_t.,,,,"
~;..~~i';_":
-,.
1::'~'Ii::':'~ ~E.=:::-:=;
--r-,~",
-....--....
-...-,--
-~,--~,~~
--..-.-......
Teresa M. Soroka, MMC, City Clerk
/
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O. V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PROPOSED ORDINANCE - FEB. 7, 2006
ORDINANCE AMENDING CHAPTER 36 "RETIREMENT", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
01/13/2006
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 is adverti for publication in the said
news pap .
Sworn to and subscribed before me this
~J
(SEAL)
.,., a\, Maria I Mesa
O. V. FERBEYRE personally known~~ ,; My Commission DD293855
~0l';:J' Expires March 04, 2008
dPUauc.....ac.O.f , '
"..........~IIO.
NOTICf2I~ I-4~RE~ ~N'fti'iton T'18sday,lhe7U:l pay of F8bn.iary..
2006 atill meetilf9ljf'l18 Oily Cdnimisslon ()f tI1.8City ofAventura.. to be
held at &:00 p.m:IMhe C6rnmlS$ion Ch~r atAV8AturaGovemment
Center; .19200 Wfj$t-CountryClub Drive, Aventura, Flol'ida, the City
Commission will .~ theac!loptton of the following Ordinance on
second I'88ding'entltkMi:' .. ,
'AN ORDINANCE OF THE cirv OF AVENTURA, FLORIDA,
AMENDING THE .c:1TY C()DE BY AMENDING CHAPTER 36
~.~LE U "POI.,JCE.PEN$lOJII PLAN
AND ."~NG SECTION 36-38~~TE
OF .. .. ........ J'~G FOR SEVERA8iUTY;
PROVl ... .. FO'R INaUSlON IN COOE; PRQVIQJNG FOR
'-";EFFEctfWBTE. ........ . . ..
Thepropoiled Otdlnance may be inspeCted by the putllicat the Office of
',,~vCity Cten<,1'9200 .West Count<<y Club Dfive., Avemura, Florida.
fnteresled parti.may appear lit the Public Hearing ~be heQr<J with
,respect to the pi'OfJlSsedOrdlnance:. Any person wishing. to addreS$ the
-City Commission Oft.any Item at this Public He8l'ingJnay !k> so after the
Mayor op9nsthepLlbfic hearing. .
111'1' .llCCOr<Jance wItJ't. the Amaricans with Disabilities Act 'of 1990: all'
;persons who are dl$l1b/ed and who nEled. specjalacoomlllOClationsto .
!participate in this Proeeedingbecause of.that disability ~Id contact:
the Office i>f the City Clerk, 305-466-8901, nOt later than two business
days prior to such proceedings.
If a ~l'$Ofl decideS to ~ anv decision made bytl1eCity Commission'
with respect to any matter considered at a mltElting 'or hearing.~at
person wiN need a r~d of the proceedings and, forsueft~. maYI
need to ensure that a verbatim record of the proceedings Is made, which
record includes the testill)()ny and evidence UPQn which the appeal is to
be based. .
~113
Teresa M. Soroka, MMOCityClerk
_ 06~+2~~8730M
/
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 2/7/2006
APPLICANT - HI LIFT MARINA, LLC
in the XXX X Court,
was published in said newspaper in the issues of
01/27/2006
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing t . adve . t for publication in the said
news pap .
!d/
Sworn to and subscribed before me this
27 day of JANUARY
,A.D. 2006
C'~# ??/.- ~-
(SEAL)
.",. ~ Cheryl H Marmer
O.V. FERBEYRE per~~: iCn~Rq61""@!>tOn 00338559
~J:." Expues July 18, 2008
~~qf~
CITY OF AV"'TURA
NOTICE OF puaU.HIIA......
Date lInd nme ~f Pubic Hearfng: T~y, February 7, 2006
. 6:00 J).m.
Applicant Name/Nurnber:. Hi Lift Marina, LL~
(03-CU-05and 01-V AR-06)
Applicant Request: The applicant, Hi Lift Marina, LLC, is requesting:
Conditional Use Approval to permit construction
"_"<__u_ of. a 116lN~~~00at-~
building with a twightof 150' in th~TC2, Town
Center Marine Distri.ct, where. a 'maximum
height of 4 stories or,5O' is permitted by Code;
and .
Variance from Section 31-145(c)(10) of the
Land Development Regulations to permit a
development with a 5' view corridor, where a
66.76' view corridor is required by Code.
Location of Subject Property: 2890 NE 187 Street
Hi Lift Marina
Legal Description: A portion of Section 3, Township 52 South,
Range 42 East, Miami-Dade Couoty, Florida and
a portion of Tract C, Atlas Terminal Residential,
Plat Book 146, Page 18, Public Records of
Miami-Dade County, .Florida, City of Aventura,
Florida .
(complete legal description on file at Community
Development Department)
Plans are on file and may be examined during regular buSiness hours at
the City of Aventura Government Center, Commuoity. Development
Department, 19200 West Country Club Drive, AveOtura, FloridS,
33180. Plans may be modified at or befor~ the Public Hearing. The
application may change during the hearing process.
The Public Hearing will be held in the Commlssian Chambers at City of
Aventurll Government Center at t!1eaddress above. Your Comments
may be made in person. at.the hearing or -filed in . writing prior to the
hearing date. Refer to applicantlproperty on COIT8SpondeOClil and mail
same to CityQf AventuraGovernnient Center, CommuoityDevelop-
ment Department. lit the address above. For furtt\erinformation,
please call (305) 466-894:0.
In accorOance with ~ American$ with DisabiIitles Act of 1990. all,
persons who we dil!abIed and who need special accommodations to
participate inUUs ~because of thatc:JisabilltY' shOuld contact
the Office of the City CIe!f<. 466-8901. not later than1Wo business days
prior to$UCh proceedings. <. .
If a person decides to appeal any decision made by the City Commis-
sion with respect to any matter considered at a meeting or hearing, that
person will need a record of th.e proceedings and, for such purpose, .
may need to ensure that a verbatim recon:l of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based.
1/27
Teresa M. Soroka, MMC, City Clerk
06-:3:.73!634816M;
Beachfront Realty, Inc.
rn
REALTOR
o 960 Arthur Godfrey Rd., Suite 402, Miami Beach, FL 33140
Tel. (305) 534-4242 . Fax (305) 534.4262
o 2440 N.E. Miami Gardens Dr., Suite 103, Aventura, FL 33180
Tel. (305) 405-0280 - Fax (305) 405-0191
f:r?~
' ,
'<
':;---1
,
o 18205 B;scayne Blvd., Suite 2205, Aventura, FL 33160
Tel. (305) 933-3377 - Fax (305) 933.1240
o 9672 Pines Boulevard, Pembroke Pines, FL 33024
Tel. (954) 667-5000 - Fax (954) 667.4321
January 24,/2006
VIA HAND-DELNERY
City Commission
City of Aventura
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
Re: 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; Proving for Severability;
Providing for Inclusion in the Code; Providing for Effective Date (the "Ordinance").
Dear Mayor and Members of the City Commission:
I have been a resident of Miami-Dade County, Florida since I q 7 Il and 1 have been a
registered real estate broker for approximately 7 years. As a licensed real estate broker, I ron
familiar with the purchase and sale of property in South Florida and, in particular, A ventura, Florida.
It is my professional opinion that the height limitations contained in the Ordinance with respect to the
MO District and the proposed density cap of25 units per gross acre for multi-fan1ilyresidential use will
have a negative and detrimental effect on the property values of the properties located in the MO District.
The proposed density cap of 25 units per gross acre is an inordinate burden, resniction and
limitation on property located in the MO District.
Very truly yours,
~wt"~'A-a-J.-,.
eal Estate Broker
Beachfront Realty, Inc.
rn
REALTOR
o 960 Arthur Godfrey Rd., Suite 402, Miami Beach, FL 33140
Tel. (305) 534-4242 - Fax (305) 534-4262
o 2440 N.E. Miami Gardens Dr., Suite 103, Aventura, FL 33180
Tel. (305) 405.0280 - Fax (305) 405-0191
f'~~
, ,
"
;.-
,
D 18205 Biscayne Blvd., Suite 2205, Aventura, FL 33160
Tel. (305) 933.3377 - Fax (305) 933-1240
o 9672 Pines Boulevard, Pembroke Pines, FL 33024
Tel. (954) 667-5000 - Fax (954) 667.4321
JanualY 24,~2006
VIA HAND-DELIVERY
City commission
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Re: 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; Proving for Severability;
Providing for Inclusion in the Code; Providing for Effective Date (the "Ordinance").
Dear Mayor and Members of the City Commission:
1 have been a resident of Miami-Dade County, Florida since / 7' ~ 7 and 1 have been a
registered real estate broker for approximately 3'0 years. As a licensed real estate broker, 1 am
familiar with the purchase and sale of property in South Florida and, in particular, A ventura, Florida.
It is my professional opinion that the height limitations contained in the Ordinance with respect to the
MO District and the proposed density cap of25 units per gross acre for multHannly residential use will
have a negative and detrimental effect on the property values of the properties located in the MO Distl1ct.
The proposed density cap of 25 units per gross acre is an inordinate burden, resu1ction and
limitation on property located in the MO District.
Very truly yours,
~f JkiA
Real Estate Broker
.JAN, 14, LI)I)O 4; JJPM
NO, 1180
f', 3/3
~t:an View
r~."._'~ ><'c._,';JlEALTY, INC.
244lJ Miami Gardens Dr. Suite 102
Aventura, FL 33180
Marc A. Diaz
BROKER-ASSOCIATE - SALES MANAGER
Cell: 786.385.6760 Office: 305-933-8028
Email: view02@marcdlaz.net
111....'--1 W\oVW.marcdiaz.net
M15
iii
January 24,/2006
VIA HAND-DELIVERY
Ci1y Commission
Ci1y of A ventura
Government Cenler
19200 West Country Club Drive
A ventura, Florida 33180
Re: An Ordinance of the Ci1y of Aventura, Florida Amending the Ci1y's Land Development
Regulations to Revise Authority and Purpose, Definitions and Use Regulations to Create
Additional Regulations, Restrictions and Prohibitions; Proving for Severabili1y;
Providing for Inclusion in the Code; Providing for Effective Date (the "Ordinance").
Dear Mayor and Members of the Ci1y Commission:
I have been a resident of Miami-Dade Coun1y, Florida since ;;;;>00::2 and I have been a
registered real estate broker for approltimately 3 yearS. As a licensed real estate broker, I am
familiar with the purchase and sale of property in South Florida and, in particular, A ventura, Florida.
It is my professional opinion that the height limitations contained in the Ordinance with respect to the
MO District and the ptoposed density cap of25 units per gross acre fur multi-family residential use will
have a negative and detrimental effect on the property values of the properties located in the MO District.
The proposed densi1y cap of 25 units per gross acre is an inordinate burden, restriction and
limitation on property located in the MO District.
Voy<rulyyo=. ~ /
:Y //
Re:l E~oker r .
JAN 25 2006 1226PM
NO. 1215 P
PETITION
TO THE MAYOR AND MEMBERS OF THE A VENTURA CITY COMMISSION:
The undersigned have/has reviewed the following proposed Ordinance which was passed on
first reading on January 10, 2006:
An Ordinance of the City of Aventura, Florida Anlending the City's Land
Development Regulations to Revise Authority and purpose, Definitions and Use
Regulations to Create Additional Regulations, Restrictiolls and Prohibitions; Proving
for Severability; Providing for Inclusion in the Code; Providing for Effective Date
(the "Ordinance").
I1we specifically object to the Ordinance with specific reference to the proposed changes to
the MO District zoning classification. The portions objectionable are the height reductions, and the
maximum density cap of25 dwelling units per gross acre for multi-family residential use.
This Ordinance, if passed on second reading, will have a negative impact on the MO District
and will cause it to continue to be an eyesore and blighted area in the City of Ave tur .
I
[S. ature]
[Print N e] ?J;;,
Add:JJ/./27( {} AJ~.;2/fllft.
/ w/;;'./iLV y.( "B/.:f2
[Signature]
[Print Nanle]
'!
Address:
[Signature]
[Print Name]
Address:
[SignaMe]
[Print Name]
Address:
JAN. 2\ 2006 12: 26PM
NO. 1211 P
PETITION
TO THE MAYOR AND MEMBERS OF THE A VENTURA CITY COMMISSION:
The undersigned havelhas reviewed the following proposed Ordinance which was passed on
fIrst reading on January 10, 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; Proving
for Severability; Providing for Inclusion in the Code; Providing for Effective Date
(the "Ordinance").
I/we specifically object to the Ordinance with specific reference to the proposed changes to
the MO District zoning classification. The portions objectionable are the height reductions, and the
maximlUD density cap of25 dwelling units per gross acre for multi-family residential use.
This Ordinance, ifpassed on second reading, will have a negative impact on the MO District
,
and will callse it to continue to be an eyesore and blighted area i
~ 2/t/o{,
[Print Name] s:r V Riot / 8", R h.,4,Lt:::>
~~:J\~j 't,?!:Jmt1'\~ lcMj,
w!~ ~/l>~lcrl
[Signaturel
[PlintNanle] [Do/A !fE{l/7.rr=~o
~d~iS~~(~$~~~~\)M~
[Signanrre]
[Print Name]
Address:
[Signature]
[Print Name]
Address:
JAN. 25 2006 12 26PM
NO. 1215 P 3
PETITION
TO THE MAYOR AND MEMBERS OF THE A VENTURA CITY COMMISSION:
The undersigned have/has reviewed the following proposed Ordinance which was passed on
first reading on January 10, 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, Resl1ictions and Prohibitions; Proving
for Severability; Providing for Inclusion in the Code; Providing for Effective Date
(the "Ordinance").
I/we specifically object to the Ordinance with specific reference to the proposed changes to
the MO District zoning classification. The portions objectionable are the height reductions, and the
maxi1U\Un density cap of25 dwelling units per gross acre for multi-family residential use,
This Ordinance, ifpassed on second reading, will have a negative impact on the MO District
and will cause it to continue to be an eyesore and blighted area in the Ci of Aventura,
[Signatnr
[Print Name] ~/k ! I~'?I-//T"?.-
Address: 1).0:5'0, I-:n (3, O/}I,~
NtCNlbl+\ /J{/.;=../~ FL,~~~
,
[ Signature]
[Print Name]
Address:
[Signatnre]
[Print Name]
Address:
[Sign.tnre]
[Print Name]
Address:
JAN. 25. 2006 12 26PM
NO. 1215 P J
PETITION
TO THE MAYOR AND MEMBERS OF THE A VENTURA CITY COMMISSION:
The tmdersigned havefhas reviewed the following proposed Ordinance which was passe.d on
first reading on January 10, 2006:
An Ordinance of the City of Aventura, Florida Amending the City's Land
Development Regulations to Revise Authority and Purpose, Defuritions and Use
Regulations to Create Additional Regulanons, Restrictions and Prohibitions; Proving
for Severability; Providing for Inclusion in the Code; Providing for Effective Date
(the "Ordinance").
I1we specifically obj eet to the Ordinance with specific reference to the proposed changes to
the MO District zoning classification. The portions objectionable are the height reductions, and the
maximum density cap of25 dwelling units per gross acre for multi-fan1ily residential use.
This Ordinance, ifpassed on second reading, will have a negative impact on the MO District
and will cause it to continue to be an eyesore and blighted area in the City f Aventura,
v frrL;f [\
[Signature]
[Print NameJ '/V\v,~
A: \\U\-f-
(-".-)'^' -I.tf ('~t.,J,~ .
Addre/s: 5 '\~~ <(I!,
4fj-(C!~
[Signature]
[Print Nan,.]
Address:
[Signature]
[Print Name]
Address:
[Signamre]
[Print Name]
Address:
JAN 25 2006 12 26PM
NO, 1215 P
PETITION
TO THE MAYOR AND MEMBERS OF THE A VENTURA CITY COMMISSION:
The undersigned Mve/has reviewed the following proposed Ordinance which was passed on
first reading on January 10, 2006:
An Ordinance of the City of Aventura, Florida An,endillg the City's Land
Development Regulations to Revise AuthOlity and Purpose, Definitions and Use
Regulations to Create Additional Regulations, Restrictions and Prohibitions; Proving
for Severability; Providing for Inclusion in the Code; Providing for Effective Date
(the "Ordinance"),
I1we specifically object to the Ordimmce with specific reference to the proposed changes to
the MO Distlict zoning classification. The portions objectionable are the height reductions, and the
maxilUlUD density cap of25 dwelling units per gross acre for multi-family residential use.
This Ordinance, ifpassed on second reading, will have a negative i lpact on the MO District
and will cause it to continue to be an eyesore and bli 1t d
);::, ;[IT2
Addri!. ;).)-0~ If;!: ~33S--r
t/0r7-r1 /.8J ' L- --." Y')~ ~
/ .../
[Signature]
[Plint Name]
Address:
[Signature]
[Print Name]
Address:
[Signature]
[Print Name]
Address:
JAN. 25 2006 12 26PM
NO. 1215 P
PETITION
TO THE MAYOR AND MEMBERS OF THE A VENTURA CITY COMMISSION:
The undersigned have/has reviewed the following proposed Ordinance which was passed on
first reading on January 10, 2006:
An Ordinanee of the City of Aventura, Florida Anlending the City's Land
Development Regulations to Revise Authority and Purpose, Definitions and Use
Regulations to Create Additional Regulations, Restrictions and Prohibitions; Proving
for Severability; Providing for Inclusion in the Code; Providing for Effective Date
(the "Ordinance").
ltwe specifically object to the Ordinance with specific reference to the proposed changes to
the MO District zoning classification. The portions obj ectionable are the height reductions, and the
maximum density cap of 25 dwelling units per gross acre for multi. family residential use.
This Ordinance, if passed on second reading, will have a negative impact on the MO District
and will cause it to continue to he an eyesore and blight
e City of Aventur..
At. Tt-QI1A.J
Address: ?~5\ rl6' It" ",t. f'too",
1\.'C'<7JJ'<"I Ft. 3~/60
.
~U/kLAU
[Signature] .. g,
[PrintNanle] fl/JAJce5 If/eX/!
Address: .3'J~ 4 ~(!d/4v7fi;/tf
Ih.v:r. h ~ . yO
/'
[Signature]
[Print Name]
Address:
[Signature]
[Print Name]
Address:
T .
~C:. C())A.A.L' ~~, 9 10
#)
~-,....
JACQUEUNE & REUVEN TAKO
Jasmin Investments, LLC
Infinite Race, Inc.
Tacku, Inc.
12455 Keystone Island Drive
North Miami, FL 33181
TEL: (305) 970-4784 FAX: (305) 892-9001
February 2,2006
To: City Commission
Honorable Mayor & City of A ventura
Government Center
19200 West Country Club Drive
Aventura, FL 33180
RE: An ordinance ofthe 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; proving
for severability; providing for inclusion in the code; providing for effective date
(the "Ordinance")
Dear Mayor and the Members of the City Commission:
We have reviewed the ordinance which was passed on first reading on January 10,
2006.
Our specific objection to the ordinance relates to the proposed changes to the MO
District zoning classification.
We have substantial property in the MO District. The properties are listed on
"Exhibit A" attached hereto. The ordinance, among other things, reduces height from 176
feet (overall maximum height) to 120 feet. The maximum number of stories is
purportedly increased from 10 to 12 stories, but the overall number of feet of maximum
height is reduced. Previously, for the purposes of the ordinance, structural parking was
not counted in computing the number of stories, but was considered in computing the
overall maximum height. This alone imposes a substantial burden on property located in
the MO District. In addition, multi-family residential use continues to be "available," but
as conditional use, with a maximum density of25 dwelling units per gross acre. This
proposed density cap inordinately burdens, restricts, and limits the use of property located
in the MO District. This is very detrimental in a number of respects. Certainly, the public
health, safety, and general welfare of the residents will be adversely affected ifthe
ordinance is passed on second reading. Neighborhood property values will plummet with
a density cap of 25 units per gross acre.
The ordinance is not consistent with the City's overall goals, particularly in light
ofthe state of development (blight) which exists in the MO District.
In a memorandum from the City Manager dated December 7, 2005, to the City
Commission, one of the outstanding issues in the MO District was multi-family
residential density, namely, whether the cap should be 25 units per gross acre or 45 units
per gross acre. Unfortunately, this ordinance unreasonably and inordinately burdens,
restricts and limits the property in the MO District as to multi-family residential use.
The ordinance will ensure that the MO District remains in a completely
underdeveloped state as to multi-family residential use. The conditional use procedure
more than "protects" the city's goals without a 25 unit per gross acre "cap."
Sincerely,
JACQUELINE & REUVEN T AKO
Jasmin Investments, LLC
Infinite race, Inc.
Tacku, Inc.
BY:
JACQUELINE TAKO, individually as President &
as managing member.
BY:
REUVEN T AKO, individually as President &
as managing member.
February 2, 2006
To: City Commission
Honorable Mayor & City of A ventura
Government Center
19200 West Country Club Drive
Aventura, FL 33180
RE: IN PROTEST TO RESTRICT HEIGHT AND DENSITY IN THE MO
DISTRICT
The decision before the Mayor and Council right now is not about restricting
height-it is really about restricting traffic. If you change the height from 176 feet to 120
ft. in the Mo district you will not change the traffic congestion but you will change the
value and future ofthis last piece of commercial land that is vitally needed for the
medical and residential needs of our community.
Here are the facts. The east-west corridor traffic study has not been completed.
The city has not made a decision on where or whether there will be a west entrance
opened on Biscayne Blvd. between N.E. 213 st. and N.E. 214 Terr. This has been
pending for many years; developers have been patient. They are overextended in carrying
costs, paying high taxes and insurance fees. Indecisions about many issues in the MO
district have totally confused and frustrated owners, developers and the professional
community of doctors, dentists and related services that greatly need offices in close
proximity to The Aventura Hospital.
The City is jeopardizing any development. I have spoken to established and
reputable developers and they laughed when I called them to tell them about this
unnecessary decision. It will not only create hardship for the property owners, but
hardship for the growing number of residents who will have to go out of the City of
A ventura to facilitate their medical and dental related needs, because this ordinance will
make development here absolutely unaffordable. Building costs are at an all time high
and all the builders' know-vertical is the only way to go-there is just no more land.
I speak for the property owners and the residents against this ordinance. I have
petitions from both and they all agree this ordinance in the MO district will not serve the
quality of life in our community. With a stroke of the pen, you are reducing the value of
this property by 32%. Property owners bought based on the 176 feet height and you are
opening yourselves up for litigation. I'm sure the Mayor and Council have the best
intentions of preserving the quality of life and making their voters happy but this last
piece of Aventura needs to be zoned for its best and possible use. Again, the 176 feet
height will not affect traffic. It is a matter of economics-this MO district is a "dead duck"
if you make the mistake of passing this ordinance.
Best regards,
Fran Ricca
Beachfront Realty
(305) 206-0420
LEGAL DESCRIPTION
Hallandale Park; PB 12.37; 34 51 42; lots 1.3 INC BlK 28 & E1/2 ST l YG W & ADJ PER
Hallandale Park; PB 12.37; lots 4-5-9 & 10 BlK 28
Hallandale Park; PB 12-37; 34 51 42; lot 6 BlK 28 & E1/2 ST l YG W & ADJ PER
Hallandale Park; PB 12-37; 34 51 42; lot 7 BlK 28
Hallandale Park; PB 12-37; 34 51 42; lot 8 BlK 28
Hallandale Park; PB 12-37; lot 9 BlK 18
Hallandale Park; PB 12-37; lot 10 BlK 18
Hallandale Park; PB 12-37; lot 6 BlK 19
Hallandale Park; PB 12-37; lot 7 BlK 19
Hallandale Park; PB 12-37; 34 51 42; lot 8 BlK 19
Hallandale Park; PB 12.37; 34 51 42; lot 9 BlK 19
Hallandale Park; PB 12-37; lot 10 BlK 19
Hallandale Park; PB 12-37; lot 6 BlK 20
Hallandale Park; PB 12-37; lot 7 BlK 20
Hallandale Park; PB 12-37; lot 8 BlK 20
Hallandale Park; PB 12-37; lot 9 BlK 20
Hallandale Park; PB 12-37; lot 10 BlK 20
Hallandale Park; PB 12-37; 34 51 42; lots 1 & 2 BlK 27
Hallandale Park; PB 12-37; lots 8-10 Blk 27 & W 1/2 ST l YG E & Adj to lot 10 Per
Hallandale Park; PB 12-37; lots 1 & 2 BlK 29
Hallandale Park; PB 12.37; lot 9 BlK 31
Hallandale Park; PB 12-37; 34 51 42; lot 10 BlK 31
Hallandale Park; PB 12.37; lots 1-3 BlK 32
Hallandale Park; PB 12-37; 34 51 42; lots 4 & 5 BlK 32
Hallandale Park; PB 12-37; lot 6 BlK 32
Hallandale Park; PB 12-37; lot 7 BlK 32
Hallandale Park; PB 12-37; lots 8-9 & 10 BlK 32
Hallandale Park; PB 12-37; lots 6 & 7 BlK 38 & lot 10 BlK 37
Hallandale Park; PB 12-37; lot 2 & 3 BlK 39
Hallandale Park; PB 12-37; lot 4 & 5 BlK 39
Hallandale Park; PB 12-37; lot 7 BlK 18
Hallandale Park; PB 12-37; lot 8 BlK 18
Hallandale Park; PB 12-37; lots 1 & 2 BlK 26
Hallandale Park; PB 12-37; lots 3-4-5 BlK 26
Hallandale Park; PB 12-37; lot 1 BlK 31
Hallandale Park; PB 12-37; lot 6 BlK 31
Hallandale Park; PB 12-37; 3451 42; lots 7 & 8 BlK 31
Hallandale Park; PB 12-37; lots 6-8 BlK 39
Hallandale Park; PB 12-37; lot 9 BlK 21
Hallandale Park; PB 12-37; lot 10 BlK 21
Hallandale Park; PB 12-37; lots 6,7,8 BlK 22
Hallandale Park #9; PB 23-26; lots 9 & 10 BlK 1; PR ADD 2721 NE 207 St
Hallandale Park #9; PB 23.26; lot 11 BlK 1
Hallandale Park; PB 12.37; lot 6 BlK 23
Hallandale Park; PB 12-37; lot 7 BlK 23
Hallandale Park; PB 12.37; lots 8 & 9 BlK 17 & lot 6 BlK 18
Hallandale Park; PB 12-37; lots 8-9 & 10 BlK 23
Hallandale Park; PB 12-37; lot 9 BlK 39
Hallandale Park; PB 12-37; 34 51 42; lot 10 BlK 39 & lot 6 BlK 40
Hallandale Park; PB 12-37; lot 1 BlK 40
Hallandale Park; PB 12-37; lots 234 BlK 40
Hallandale Park; PB 12-37; Lot 5 Blk 40
Hallandale Park; PB 12-37; 34 51 42; Lot 7 & 8 BLK 40
Hallandale Park; PB 12-37; Lot 9 & 10 BLK 40