03-07-2006
City r.i'lnun.......n
Susan Gottlieb, Mayor
A~e City of
.Ll.Ventura
.Q
city M.n.,r
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
Harry Holzberg
Michael Stem
Luz Urooez Weinberg
City CkrA:
Teresa M. Soroka, MMC
City AltDm<J'
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
MARCH 7, 2006 6 p.m.
GovenunentCenter
19200 Wesl Country Club Drive
Avenlura, 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 nol
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:
February 7, 2006 Commission Meeting
February 16,2006 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA A WARDING AND LETTING A
BID/CONTRACT FOR BID NO. 06-2-17-22, LANDSCAPE &
IRRIGATION IMPROVEMENTS FOR NE 207 ST & MYSTIC
POINTE DRIVE TO LUKE'S LANDSCAPING, INC. AT THE BID
PRICE OF $129,135.05; AUTHORIZING THE CITY MANAGER
TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 06-2-21-2, LANDSCAPE
MATERIAL PROCUREMENT AND DELIVERY FOR
Mml17, 2006 Cmmissim MediDg
HURRICANE LANDSCAPE RESTORATION TO LUKE'S
LANDSCAPING, INC. AT THE BID PRICE OF $725,618.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF
TIME TO RECORD THE "UPTOWN MARINA LOFTS" FINAL
PLAT, BEING A REPLAT OF A PORTION OF TRACT N OF
MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89 AND
A PORTION OF THE SOUTH Y. OF SECTION 3, TOWNSHIP 52
SOUTH, RANGE 42 EAST, CITY OF A VENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF
TIME TO RECORD THE "ATRIUM AT AVENTURA" FINAL
PLAT, BEING A PORTION OF THE SOUTH Y. OF SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND A REPLAT OF
A PORTION OF TRACT N OF MARINA DEL REY REVISED
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 144, PAGE 89, CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING FIRST AMENDMENT
TO SETTLEMENT AGREEMENT BETWEEN
SHEFAORITARRAGON, LLLP, AND THE CITY OF
AVENTURA, CONCERNING 8.77 ACRE:l: PARCEL OF LAND
LOCATED AT 17900 NORTHEAST 31ST COURT IN THE CITY
OF A VENTURA, COMMONLY KNOWN AS THE LINCOLN
POINTE PROPERTY; AUTHORIZING EXECUTION OF FIRST
AMENDMENT TO SETTLEMENT AGREEMENT;
AUTHORIZING IMPLEMENTATION OF FIRST AMENDMENT
TO SETTLEMENT AGREEMENT; PROVIDING FOR
EFFECTIVE DATE.
6. ZONING HEARINGS:
QUASI-JUDICIAL PUBLIC HEARINGS - Pleme be advised that the following items on the Commission's agenda are
quasi.judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when he requests
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Mml17, 2006 o-m..... MediDg
public comments. An opportunity for persons to speak: on each item will be made available after the applicant and staffhave
made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or
affinnation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be
cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to
cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behaJ(
Persons representing organizations must present evidence of their authority to speak for the organization. Further details of
the quasi-judicial procedures may be obtained from the Clerk:.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA CONCERNING CONDITIONAL
USE APPROVAL TO PERMIT THE CONSTRUCTION OF A
MARINA AND DRY DOCK BOAT STORAGE BUILDING WITH
A HEIGHT OF 122 FEET IN THE TC2, TOWN CENTER
MARINE DISTRICT, WHERE A MAXIMUM HEIGHT OF 4
STORIES OR 50 FEET IS PERMITTED BY CODE; VARIANCE
FROM SECTION 31-145(c)(10) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A VIEW
CORRIDOR OF 15 FEET WHERE A 66.76 FOOT VIEW
CORRIDOR IS REQUIRED BY CODE; VARIANCE FROM
SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT A BUFFER STRIP OF 5 FEET,
WHERE A MINIMUM 7' WIDE BUFFER STRIP IS REQUIRED
BY CODE; AND VARIANCE FROM SECTION 31-171(a)(7) OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT A PARKING SETBACK OF 0 FEET WHERE A
MINIMUM 10 FOOT PARKING SETBACK IS REQUIRED BY
CODE FOR PROPERTY LOCATED AT 2890 NE 187 STREET,
CITY OF A VENTURA, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
7. ORDINANCES: FIRST READINGIPUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
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 200512006
FISCAL YEAR BY REVISING THE 200512006 FISCAL YEAR
OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT
"A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
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Mml17, 2006 CtmDissiIll MediDg
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
MARCH 16,2006
9 A.M.
COMMISSION MEETING
APRIL 4, 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, 305466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. 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 pmpose, 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.
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MINUTES
CITY COMMISSION MEETING
FEBRUARY 7, 2006 - 6 PM
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 6:00 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry
Holzberg, Michael Stern, Luz Urbaez Weinberg (arrived during item 7), 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 Teri Holzberg.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
Commissioner Stern left the meeting at this time.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Joel, seconded by Commissioner Auerbach, unanimously passed and
the following action was taken:
A. The minutes of the January 10, 2006 Commission meeting, January 19,
2006 Workshop Meeting, January 19, 2006 Special Meeting, February 1,
2006 Special Meeting and February 2, 2006 Special Meeting were
approved.
B. Resolution No. 2006-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, 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.
C. Resolution No. 2006-10 was adopted as follows:
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.
D. Resolution No. 2006-11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE 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.
Commissioner Stern returned to the meeting at this time.
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, AVENTURA
At the request of the applicant, a motion to defer this item to March 7. 2006 was
offered by Commissioner Stern, seconded by Commissioner Holzberg and
unanimously passed.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 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.
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.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
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 was offered by Commissioner Holzberg and
seconded by Vice Mayor Joel. Ms. Carr addressed the Commission and
reviewed changes to the ordinance subsequent to first reading. Mayor
Gottlieb opened the public hearing. The following individuals addressed
the Commission: Mildred Husak, Point East; Abraham Moses Genen,
Point East; Jeffrey Bercow, Esq., Bercow & Radell; Jacky Tacko,
Keystone Point; Fran Ricca, 3101 N. Country Club Drive; Herman
Orlando, Point East; Barry Levine, Point East; Mel Schwab, Point East;
Dorothy Schwartz, Point East; Patricia Tyler, Point East. There being no
further speakers, the public hearing was closed. A motion for approval, as
amended, was offered by Commissioner Stern, seconded by
Commissioner Diamond, passed unanimously by roll call vote and
Ordinance No. 2006-02 was enacted.
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 Commissioner Diamond, and
seconded by Commissioner Weinberg. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2006-03 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS: Mr. Schwab; Ms. Husak; Rhea Finearts; Mr. Genen; Bob
Burroughs.
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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 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~ City of
rl.ventura
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MINUTES
COMMISSION WORKSHOP MEETING
FEBRUARY 16, 20069 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 at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond (arrived
at 9:20 a.m.), 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.
(Agenda items taken out of order)
4. ISSUANCE OF KEY TO CITY: (Mayor Gottlieb): Mayor Gottlieb noted that cultural
activist Judy Drucker would be speaking in the City on February 261h and suggested
that a key to the City be given to her in honor and appreciation of her contributions to
the south Florida cultural arts community.
CITY MANAGER SUMMARY: Consensus to approve.
2. SELECTION OF REPRESENTATIVE TO MIAMI-DADE LEAGUE OF CITIES
(Mayor Gottlieb): Mayor Gottlieb noted that the League representative is appointed
on an annual basis and requested input from the Commission as to who may wish to
serve in that capacity.
CITY MANAGER SUMMARY: Consensus that Commissioner Auerbach be
appointed this year's representative, with Vice Mayor Joel to serve in his absence,
as needed.
3. CITY GOVERNMENT CHANNEL PROGRAMMING (Mayor Gottlieb): Mayor
Gottlieb discussed possible changes/additions to enhance the City's government
informational television channel.
CITY MANAGER SUMMARY: Staff to research feasibility of incorporating
Commission suggestions including inviting local college students to participate via a
video presentation of City events, adding digital photos, etc.
1. TRAFFIC ADVISORY BOARD RECOMMENDATIONS (City Manager) Mr. Soroka
reviewed the recommendations of the Traffic Advisory Board and requested
Commission direction.
CITY MANAGER SUMMARY: Consensus to proceed with studies on the following
recommendations:
Williams Island Road from NE 28th Avenue to Biscayne Blvd. and all intersecting
streets to determine if U-turns can be eliminated and additional right-of-way obtained
to provide more turning lanes onto Biscayne Blvd. and limit turn movements at
intersections.
._,--~._.,----
Determine it additional right-ot-way could be obtained at all east/west roads
intersecting with Biscayne Blvd. to provide more turning lanes. Study elimination ot
on-street parking on 187th Street to provide for additional lanes.
Request FOOT to study NE 203'd Street east ot tlyover to recommend improvements
to eliminate confusion and safety concerns; and Point East Blvd.lBiscayne Blvd.
intersection.
City Attorney to continue research regarding regulation of construction personnel
parking.
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 10:30 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
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CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
BY:
FROM:
DATE:
February 27,2006
nity serv~
SUBJECT: Bid No. 06-2~17-22 Landscape and Irrigation Improvements for NE
207th Street and Mystic Pointe Drive
March 7, 2006 City Commission Meeting Agenda Item ~
Recommendation:
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 06-2-17-22, Landscape and Irrigation Improvements for NE 20th Street and
Mystic Pointe Drive to the lowest responsible and responsive bidder, Luke's
Landscaping, Inc. for the amount of $129,135.05.
Backaround:
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on February 17, 2006. The bid was advertised in the local
newspapers and via the internet on DEMANDSTAR. Five bids were received and they
are summarized as follows:
Luke's Landscaping, Inc.
Superior Landscaping
Vila & Son Landscaping
Landscape Service Professionals
Arazoza Brothers Corp.
$ 129,135.05
161,488.23
167,332.15
185,012.20
265,753.17
This landscaping and irrigation project consists of two parts:
1. NE 20th Street South Swale Between NE 30th and NE 34th Avenues: This is in
this year's Capital Improvements Budget to replace the existing landscaping and
install a new irrigation system. The landscaping will consist of providing and
installing 11 trees and approximately 4,750 shrubs along the south swale of NE
20th Street and installing a new irrigation system.
City Commission
February 27,2006
Page Two
2. Mvstic Pointe DrivelTurnberrv Wav: This project was added to the base bid after
Hurricane Wilma to obtain the lowest prices for this similar project. The
landscaping will consist of providing and installing 26 trees and palms,
approximately 3,000 shrubs, and installing a new irrigation system. The cost for
this project will be charged to the Hurricane Landscape Restoration line item.
The cost breakdown is as follows:
NE 20ih Street:
Mystic Pointe DrivelTurnberry Way
Total
$ 75,954.50
53.180.55
$129,135.05
The contract specifies a 60-day construction period after the notice to proceed is given,
with the Mystic Pointe Drive portion being completed within the first thirty days. The
entire project should be completed by early May 2006. The City's Landscape Architect
has reviewed the bid documents and has recommended awarding the bid to the lowest
responsive bidder, Luke's Landscaping, Inc. Please feel free to contact me if you have
any questions.
RMS/gf
Attachments
RMS06005
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 06-2-17-22, LANDSCAPE &
IRRIGATION IMPROVEMENTS FOR NE 207 ST & MYSTIC
POINTE DRIVE TO LUKE'S LANDSCAPING, INC. AT THE BID
PRICE OF $129,135.05; AUTHORIZING THE CITY MANAGER
TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 06-2-17-22, LANDSCAPE &
IRRIGATION IMPROVEMENTS FOR NE 207 ST & MYSTIC POINTE DRIVE; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Luke's Landscaping, Inc., has submitted
the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 06-2-17-22, LANDSCAPE &
IRRIGATION IMPROVEMENTS for NE 207 ST & MYSTIC POINTE DRIVE, is hereby
Resolution No. 2006-
Page 2
awarded to Luke's Landscaping, Inc, in the amount of $129,135.05.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, and said parties shall execute said
prepared contract on behalf of the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item Nos. 001-8050-541-6301 and 001-8050-541-6352.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 7th day of March, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
H.~ w-;
CITY ATTORNEY
CITY OF AVENTURA
BID TABULA. TION
Landscape & Irrigation Improvements for NE 207 SI & Mystic Point Dr.
BID NO. 06-02-17-22
BID OPENING AT 2:00 PM ON FEBRUARY 17, 2006
Base Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Slml.
Luke's Landscaping 129,135.05 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
Included Enlily Crime Bid Insurance Competencies
Affidavit
Yes Yes Yes Yes Yes
Base Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stml.
Superior Landscaping 161,488,23 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
Induded Entity Crime Bid Insurance Competencies
Affidavit
Yes Yes No Yes Yes
Base Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual Stmt.
Vila & Son Landscaping 167,332,15 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate. of
Included Entity Crime Bid Insurance Competencies
Affidavij
Yes Yes Yes Yes Yes
Base Bid Addendum 1 & 2 Proper Bid Schedule Subs Lisled Bidder
Acknowledged Bond of Values Qual Stml.
landscape Service 185.012.20 Yes Yes Yes Yes Yes
Professionals
Project Manual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Competencies
Affidavit
Yes Yes Yes Yes Yes
Base Bid Addendum 1 & 2 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual Stmt.
Arazoza Brothers Corp. 265,753,17 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
lnduded Entity Crime Bid Insurance Competencies
Affidavit
Yes Yes Yes Yes Yes
O'leary
Richards
Design
Associates,
Inc.
Undocapc """"-II< Aamiog
II400SouthweslI07thA"""",
Miami. FIor1da 33176
PI1one: 305.790.7641
Fax: 305.235.2886
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February 27, 2006
Mr. Robert M. Sherman
Director of Community Services
city of AvClltura
19200 W. Counlry Club Driw
Aventura, FL 33180
Rc: 1.m'CIIaIp(J &: Irription Improvements for
N.E.20'" Sum Southern Swale& Mystie Point Drive (Tumbeny Way)
Bid No. Q6.m.17-2
Dear Mr. Sherm8n:
After reviewing the bid tabullllioo for the above referenced project, it is my
recotI1II1eIIdaOIltbat the contrIIct be awarded to the 10west bidder, Luke's
LandscapiDg.IDc. in the amount of$I29.13S.OS.
Please let me know if you require any additional infonnation.
Vr:ry lJu!y yours,
~~DESX><~mc
Kathryn O'Leary Ricbards, A
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE: February 27,2006
TO:
FROM:
BY:
SUBJECT: Bid No. 06-2-21-2 Landscape Material Procurement and Delivery for
Hurricane Landscape Restoration
March 7, 2006 City Commission Meeting Agenda Item 5~
Recommendation:
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 06-2-21-2, Landscape Material Procurement and Delivery for Hurricane
Landscape Restoration to the lowest responsible and responsive bidder, Luke's
Landscaping, Inc. for the amount of $725,618.00.
Backaround:
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on February 21, 2006. The bid was advertised in the local
newspapers and via the internet on DEMANDSTAR. Two bids were received and they
are summarized as follows:
Luke's Landscaping, Inc.
Vila & Son Landscaping
$ 725,618.00
882,646.50
The original budget for this portion of the project was $896,000. This landscaping and
irrigation project consists of replacing the hurricane damaged landscaping within the
City's right-of-ways, medians, swales, parks, schools and facilities with plant material
that is less susceptible to damage from hurricane force winds in accordance with the
City's Landscape Architect recommendations. This plan was presented to the City
Commission at the January 19, 2006 Workshop. The second reading for the budget
amendment ordinance funding this project is also on the March 7, 2006 City
Commission Meeting Agenda.
This project consists of planting approximately 1,000 shade trees and palms, 25,000
shrubs, 25,000 square feet of sod, and installing 1,000 cubic yards of mulch. The
City Commission
February 27,2006
Page Two
contract specifies a 120 day delivery and installation period after the notice to proceed
is given. The entire project should be completed by early July 2006. The City's
Landscape Architect has reviewed the bid documents and has recommended awarding
the bid to the lowest responsive bidder, Luke's Landscaping, Inc. Please feel free to
contact me if you have any questions.
RMS/gf
Attachments
RMS06006
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 06-2-21-2, LANDSCAPE
MATERIAL PROCUREMENT AND DELIVERY FOR
HURRICANE LANDSCAPE RESTORATION TO LUKE'S
LANDSCAPING, INC. AT THE BID PRICE OF $725,618.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 06-2-21-2, LANDSCAPE
MATERIAL PROCUREMENT AND DELIVERY FOR HURRICANE LANDSCAPE
RESTORATION; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the projecUwork as cited above; and
WHEREAS, staff has determined that Luke's Landscaping, Inc., has submitted
the lowest responsible and responsive bid for said projecUwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Resolution No. 2006
Page 2
Section 1: That bid/contract for BID NO. 06-2-21-2, LANDSCAPE MATERIAL
PROCUREMENT AND DELIVERY FOR HURRICANE LANDSCAPE RESTORATION,
is hereby awarded to Luke's Landscaping, Inc, in the amount of $725,618.00.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, and said parties shall execute said
prepared contract on behalf of the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 001-8050-541-6352.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 7th day of March, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r
H.~~
CITY A TIORNEY
CITY OF AVENTURA
810 TABULA TIQN
LANDSCAPE MATERIAL PROCUREMENT & DELIVERY
BID NO. 06-02-21-2
BID OPENING AT 2:00 PM ON FEBRUARY 21, 2006
Base Bid Addendum 1 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stmt.
Lukes Landscaping 725,618.00 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Competencies
Affidavit
Yes Yes Yes Yes Yes
Base Bid Addendum 1 Proper Bid Schedule Subs Listed Bidder
Acknowledged Bond of Values Qual. Stmt.
Vila & Son 882,646.50 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Competencies
Affidavit
Yes Yes Yes Yes Yes
O'Leary
Richards
Design
Associates,
Inc.
~~"Plamlng
11400 _ 107th A...,ue
MiIIml. F10rtda 33176
Phone: 305.790.7641
Fax: 306.235.2886
-....
--"'--
February 27. 2006
Mr. Robert M. Sherman
Dim:lor of Ownm.mity Services
City of A-mn
19200 W. Country Club Drive
Awntura,FL 33180
Re: 1 """-PC' ~& Dclivay for
~ l.lndsclpO ResIoration
DiciNG. 06-02-21-2
De8r Mr. Sbenum:
Aftw rmewiDg the bid lIbuiltioa for the above ref-.cod project, it Is my
rec:-........da4ion lbMthe......r.... be8Wllnled to the lowcstbidder. Luke's
~iD& Inc. in the 8IIIllUDt of$725,618.oo.
Pleuo lei me know if you MqUire any additional information.
Very truly yours,
O'LEARy RlCHAIIDS DESIGN ASSOC., INC.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
City Commission
Eric M. Soroka, ICMA-CM, C'
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.
Landecape RepIa~nt 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 include Live Oak, Gumbo Umbo and Mahogany for tree
replacement, and Royal, Coconut and Sabal 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.
LandKape 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 ancllnstallation: $1,500,000
Lancl8caplng 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
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, IC
City Manager
TO:
City Commission
BY:
!
Joanne Carr, AICP' /Y
Planning Director~
DATE:
February 28, 2006
SUBJECT:
Request of Investura LLC for Extension of Final Plat Approval
Uptown Marina Lofts (01-SUB-05 EXT)
3025 NE 188 Street
March 7, 2006 City Commission Meeting Agenda Item 6 b
RECOMMENDATION
It is recommended that the City Commission approve a resolution extending the
time to record the "Uptown Marina Lofts" Final Plat from November 9, 2005 to
May 9, 2006.
THE REQUEST
The applicant, Clifford A. Schulman on behalf of Investura LLC is requesting a six
month extension of time to record the Final Plat for the subject property. The
final plat was approved by the City Commission on November 9, 2004 by
Resolution No. 2004-61. Section 31-78(i) of the City's Land Development
Regulations requires that the owner either record the plat within twelve months of
the date of approval or request from the City Commission, prior to expiration, one
extension of no more than six months. The request for extension was made
prior to expiry of the plat approval. (See Exhibit #1 for Letter of Intent dated
November 8, 2005)
BACKGROUND
OWNER OF PROPERTY
Investura LLC
LOCATION OF PROPERTY
3025 NE 188 Street (see Exhibit #2 for Location
Map)
SIZE OF PROPERTY
Approximately 5.82 gross acres
LEGAL DESCRIPTION
A portion of the south 'Yz of Section 3,
Township 52 South, Range 42 East and a
replat of a portion of Tract N of Marina Del Rey
Revised according to the plat thereof as
recorded in Plat Book 144 at Page 89, City of
Aventura, Miami-Dade County, Florida (See
Exhibit #3 for complete legal description
DESCRIPTION
Administrative Site Plan Approval was granted to this site on July 12, 2004 for
construction of 216 condominium units in an eleven story tower. Construction is
underway. The property is located on the north side of NE 188 Street, between
the Harbour Centre office site and the Atrium condominium development.
The City Commission granted final plat approval by Resolution No. 2004-61
passed on November 9, 2004. (See Exhibit #4 for approved plat) The applicant
is requesting a six month extension of time to record the plat, from November 9,
2005 to May 9, 2006. No change has been made to the plat boundaries since
the Commission's previous approval in November of 2004. The applicant
advises that recording of the final plat has been delayed due to time required for
City review and signature, County review and signature, a change in County
policy regarding payment of property taxes and resolution of permitting to fill in
an existing boat lift area.
2
T -
Greenberg
Traurig
Clifford A Schulman
(305) 579-0613
Direct Fax: (30S) 961-5613
E.MaiI: schulmanc@gtlaw.com
November 8, 2005
VIA FACSIMILE: 305-466-8949
Ms. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
A ventlJra, Florida 33180
"Exhibit 1
01-5UB-OS EXT"
Re: Uptown Marina Lofts / Request for Extension of Time to Record Plat
Dear Joanne:
We represent Investura, L.L.C., ("investura") regarding the above referenced
matter. Pursuant to Resolution No. 2004-61, the Aventura City Commission approved the
application for Final Plat for the Uptown Marina Lofts on November 10,2004 (copy of
Resolution is attached). Section 31-78(i) of the City of A ventura Land Development
Regulations (the "LDR's") requires that plats be recorded in the public records of Miami-
Dade County within one (I) year of approval.
Unfortunately, due to circwnstances beyond our control, the plat has not yet been
recorded. As a consequence, we respectfully request, pursuant to Section 31-78(i) of the
LDR's, that the City Commission extend the time for recording the plat for six (6)
months. Investura expects that the plat will be recorded well within this time frame.
If you have any questions, please call me at, 305-579-0613, or my Associate,
Mario Garcia-Serra, at 305-579-0837. Many thanks for your attention to this matter.
Sincerely, ,,1 ,
~~-~
Clifford A. Schulman
Jr'
cc: Mr. Tom Brinkley
Mr. Dan Fortin, Jr.
Greenberg Traurig. p.A.1 Attomeys at Law 11221 Brickell Avenue I Miami, Fl33131 I Tel 305.579.0500 I Fax 305.579.07171 www.gtlaw.com
RESOLUTION NO. 2004-61
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING UPTOWN
MARINA LOFTS, BEING A REPLAT OF A PORTION OF
TRACT N OF MARINA DEL REY REVISED, PLAT BOOK
144, PAGE 89, A PORTION OF THE SOUTH Y. OF
SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Investura, LLC by and through Application No. 01-
SUB-05, has requested Final Plat approval for Uptown Marina Lofts, being a replat of a
portion of Tract N of Marina Del Rey Revised, Plat Book 144, Page 89, a portion of the
South Yo of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-
Dade County, Florida, the Final Plat being incorporated herein by reference and made
a part of this Resolution as Exhibit #1; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Uptown Marina Lofts, more particularly
described as:
Resolution No. 2004
Page 2
A replat of a portion of Tract N of Marina Del Rey Revised, Plat Book 144,
Page 89, and a portion of the South Yo of Section 3, Township 52 South,
Range 42 East, City of Aventura, Miami-Dade County, Florida, more
particularly described in Exhibit #2.
Is hereby granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 4.. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Vice Mayor Cohen, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
absent from the room
-,.~.-.._.-
Resolution No. 2004
Page 3
PASSED AND ADOPTED this 9th, da".::;;ber. 2004.
~t-/ff0
Ken ohen, Vice Mayor
APPROVED~'C'ENCY'
t ~
CITY ATTORNEY
the Office of the City Clerk this ~ day of
.
~
~._~
LEGAL DESCJUPTlOl\l:
Parcel A:
CotDDICI1CC al Ihe ccnlcr of Section 3, Township 52 Sauth, Range 42 East. Dade County, FIQrida; thence;
N890S0'SS"W alQng \he NQM line Qflbe Sauthwest 1/4 oflhc said Section 3, fQra .!isla""e Qf670.26 fcello the
NoMWest comer Qf the EuII/2 of the Nol1heasl1/4 of the SouthwC$t 1/4 of the oid Section: 3: thence
Soo039'2S"E, .JQm! the Wer.1 line ofthc East 112 Qfthe NQrtheast 1/4 oftb< Southwcst 114 Qfthe oid Scclion3, for
a distance of 1107.11 fCCL; thence NS9020'3S'Efor. distance of 688,23 feel; thence NOo039'2S"W fQ! I distancc of
3S.00 feet; thence N89'20'35"E for. distance of 156.52 feet to the POINT OF BEGINNING Qf\hep.,w ofland.
and waler herein deacribod; \hencc NOO"39'25'W for 0 distanee Qf322.259 feci to . poinl on the caLtcrlinc of.
canal; thence S890S6'4S"J; along the centerline oh conal for. distance 0[140.012 feel; thence S00"39'2S"E fon
distance of320.s22 fccr;.mcnce S89'20'3S"W for. di.tance of 140.00 fcc:t to the POINT OF BEGINNING.
AND
Panelll:
A portion of !he SoL1lh 1/2 of S~on 3, Township S2 South, bilge 42 East. Dade County, Florida; being more
patiC1lWl.y di:scn1>..s as follOWll:
Cotnmcnce lithe <;cAter of oid Sccuon 3; tbe4ec NS90S0'SS"W along the North line of the Soulh- 114 of .aid
Sccu0lL3. fQr 670.26 fec:l, \Q the NOIthwc.t comer of the Eut 1/2 of\hc Northeut 1/4 of1hc Southwest 1/4 afPid
Sc:cliOlL 3; thence S000392S"E Ilong the West line of the Ea$ll/2 of the NorthcUt 1/4 of the Southwest 1/4 Qfaaid
SeetioD 3, for 1167.11 f""l; !hence N89'20'3S"E for 49S.41 f""t; lh<:DCc Noo"39'2S"W fQr 35.00 feeUo the POINT
OF BEGINNING Qh parcel ofland. Illd _ler hcrcimfla dcscn"bed; thcncc: N890:W'3S"IHor 3'\6,34 fcc:t; <henee
N00039'2S"W for 322.26 feet to a point on the centerline of a canal easement (said canal _en! r:=ded in
Ofllclal RCCOTd. Book 18S0 al Page 34S, Public Records of Dade. Cotmty, Florida); th= N890S6'4S"W along the
CCOlcrline of said c;anal a..-ncnl for 34S.59 feol; thence SOO"03'IS"W II000it the Wer.llin. ohaid canal usemcnl,
for 62..50 feel to the Southwest corner of said oanal easement; thence S00'39'2S"E for 264.0S fact to tho POINt OF
BEGINNING.
AND
parco! c:
CommoI1ee al the ec:l1tu of Section 3, Township 52 South, RAnie 42 East, pado County, Florida; th."". North
890S0'SS' Wdl, along me Norlh LIne of the SQIlthwest l/4of1hc said ScctioD 3, for a dis"""" of 670.26 feel to tho
Northw<:at corner of Jbe East. 1/2 of !he Northeast III, of the Solllhwat 114 of thuaid SediDn 3; theDcC South
00""39'25"East. along ~ West line of the East 1/2 of the Northeast 1/4 of tho Sou1hwect 1/4 orthC said Sceti0lL3, for
a distance ofll01.11 f~ thc:nceNotth 89"20'3SoEast far a d~of688.23 fc<:l; th=CCNorthOCl"39'25" Wcs1.
for a di....... of3S feet: th= North 89"2-0'3S" East for a distance of296.52 feel to the Point ofBe&lnnint oflbe
pan:c:l ofIlJld and walei' herein dc$enl>ed; thell.. North 00039'25' Ww. for a cli&tmce of320.522 feel to a point OIL
the Center line of a Cll1llll; then.. South 89'S6'4S" Ea$l, lions the center line of a c:anal, for. dl$- of 140.012-
foct; thence SO\lth 00"39'25" Eastfor a di.......of318.784 foct; thence South 89"20'35' West for adistan.. of
140.00 feel to the Poinl of Beginning. 'The above d.,scribcd paucel ofIlI1Id and waler is 8\lbje<:t lO an eas=entover
the North 62.S feel thertof. Said lands slt\lll<:, lying and being in Dade Coont)', Florida.
AND
SUBMERGED LANJ):
^ portiOI!. ofTraot N of MARINA DEL REY REVISED a_rding to the pial thereof. IS recorded in Plat Book 144
at Page 89 of the Public Records of Miami-Dade CoWlty, florida and bein2 more perti01\arly d.scribed IS follaws:
EXHIBIT #2
"t:~ ~. qz .L:xJ
90d 2l.6
.' :~..
'-'
Cormnence.. th..1'lorthwcft carner of said Tr&<tN; thence South 02"24'12":Eas1 along the West line ohaid T",ct N
for 326.46 fcot; thence Na$h 87"30'00' Ust along the South line of said Tract 1'1 for 211.62 feet to the Point of
Bepnning of !he berelnaftCr dcsen'bcd oubmcrgcd patW; thence Soulh 02"30'00' :East .Iong the West line of..;.d
Tract 1'1 for 62.50 feet to thc most SQ\llhcdy Southwest cotuer of ..id Tract N; thence Nor1h 87"30'00' Eut along
lhc SouO> line of .aid Trae\ 1:>1 for 625.78 feet; thcnce1:>l0nh 03"11'40' W.... for 87.37 feet; th= South 87"30'00'
West alODg .lin.. parallel with and, 87.36fcct North of said South line ofT",cl 1'1 for 519.10 feet; thcIIcc South
02"30'00" But for 38.15 fc<:!: lhCl1ce South 87"30'00' West .Iong a1inc pll1l11cl wi1h said Soulh \Ule ofTra.ct 1'1 for
11.20 fect: thence Nor1h 0~"30'QO. W"I for 13.29 fect; thence South 87")0'00" Vi""t .long ..line panlle1 wilh and
62.50 feet North ofoaid S~ulh line ofTractN for 94.42 feet to the Poi>>1 of Beginning.
Said lUblD<:r&ed parcellyillg and bc:iDl: in the City of Aventura, Miomi-D.de County, Florid. and containiDg 51,847
square feel or 1.190 acres mo", or I....
t,.'(:~ VA. q? 1:'lCl
l.0d Zl.8
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BROWARD COUNTV
..-.---......
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Ot-SUB-OS EXTn
192 ST.
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LEGAL DESClUPUON:
PncelA:
Comm"""e at the cenler ofS..Lion 3, Townwp 52 South, Ronge ~2 &.1. Dade County, Florida; lhalc:c
N89'50'55"W alonlllhe North line oflhe Soulhwest 1/4 of the said Section 3, for a dislAnce of670.26 feet \0 the
Norlhwest comer of lhd!ulll2 of the Nor1heu11l4 of the S""thwest 1/4 of the said Section 3; thenu
soo"39'25"I:, alont th" w...t I"'. ofth. &.11/2 ofth<: Northoaot 114 of the SouthWell 114 of !be said Section 3, for
a distance of 1107,11 feci; 1I1e""< N89'20'3S"E for a distance of 688 ,23 feet; the""" NOO'39'2S"W fo~.. distance of
35.00 feel; thcDCC N89'1Il'35"B fer a distance of IS6.52 fcellO the POINT OF BEGINNING of the parcel ofland
and _tet herein desena.d: Ih= NOO'J9'25"W for a disW1ee 0022.259 reet to a point on the eenleIline of a
canal; thence S89' S6'~S"lE along the cenlerline of" eenal for a distance of 140.012 reet; thence SOO'J9'2S"E for "
di$tanee 0020.522 feet;.1hencc S89'20'35'W for" dislance of 140.00 feel to the POIl'U OF nEGINNlNG.
AND
Panel B:
A portion of the South 1/2 o[Section 3, Township 52 South, Range 42 East, Dade COllDty, Florida; being more
particularly deac:rlbed as [oDawa:
Commence el the .;enter of said Section 3; thence N89'SO'SS'W along the North tine afthe SO\lthWClt 1/4 of .aid
S..,tl"" 3, for 670.26 feet, to the Northwcat .omer of the &olin of tlu: Not1heut 114 of the Sou!bwcot II" of said
Section J: thence: SOO'39'2S"E elong the We5t line of the Ee$t In of the Nortbca>11l4 of the SouthWC5l1/4 of Ilid
Seetion 3, for 111l7.1I fecI; thcucc Na9'20'35"E for 498."1 feel; thence Noo'39'~"W for 35.00 foot to the POINT
OF BEGINNING of.. parcel orland and wat.r hcreh1after desenDed; thence N89'Z0'3S"E for 346.34 feet; theMe
NOO"39'25"W for 322.26 feet to .. point 0" the cenlerliDe of.. c.mal e"""'<!It (said .&11&1 easement re.:orded Dl
officI&! Recorda Book 1850 at Pase In, Public llccords of Dade CoIlr1t:y, Florida); thence N89'S6'4S"W along the
eeoterlille ohald .anal Ouc:metlt for J4S.S9 f..l; thence SOO'03'IS"W ..IODs!be WCit line ohaie! c8ttal ~ement,
for 62.50 f~ 10 the Soulhwetl comer of saiel cand_ement; thence SOO'39'ZS"E for 264.05 fcc:\ to the ponn OF
BEoINNItlO.
AND
"areel c:
Commence al the COIlterof Se.lion 3, Township 52 SOUth, Ranie 42 Eut, Dade County, Florida; thence North
89'SO'55. West. .~ the North Line of the S01.Ithwest 1/4 of the aaid Sectio" 3, for a distance of 670.26 feet to the
Northwest eOI'Oetoftlle-Eut In of the Northeut 1/4 of the Southwest 114 of the aaid Section]; tbal<:e SOtJth
OO'39'2S.Eaat,ll1OflIl ~ West Un. ofW: ~ 112 'If the Nortbeatt 114 oflb.. Southwelt 1/4 'If the ""id Sec:tion3, for
a .u.1allce ..fIl07 .11 f~ tbenu North 89'20'35' ];.at for a diflan<;e of 688.2.3 feet; th=ce Ncnth 00'39'25" West
for a4i.1allceoOS f~ theoc:e North 8\l'ZQ'3$" E..Hora dil\anceof296.52 reet to the l'olntafBcelnninsoftbe
pared oflllld and water haem dcscnDed; thClloe North 00'39'25. Well for a diltance of320.522 r....t to IL point on
the Center line oh ceNl1; thence S01.Ith 89'S6'45" Ee$t, along the cenler line oft canal, for a c.I.\staIl.ce of 140.01Z
feet; th_ Soull> 00"39'25. WI for a dlstulcc of 318.784 feet; thcpce South 89'20'35" W04t for a diaWlCC of
140.00 f~ to the Point of Beslnnina. 'The aboVa d...,nbccl parcel ofI...d and.....ter i. aubject to an easement ove.-
Ih. North 62,S feet CheRof. Said lends IllUa~, Iyln" .00 being In Cade CO\ll\ty, Florida.
AND
s1.lllM:ERGEll LANJ):
^ POrUOIl ofTraet N ofMAlUNA DEL REY lUM.SED .<;eenline to lbc p14t thereof... rcoorded in Plat Book 144
_I hge 89 of Ihe l>ublic ltccor4l cfMiaml-Dad.<: CO\l4ty, florida artd belnl\ more particularly deacn1>ed as folio.....:
"Exhibit 3
01-5UB-OS EXT"
bT.C~ hO a~ I~
0.0. I _,.-.
.,.,:,
. .
I
Commence at the :Ncmhwefl comer oC..id lnct N; 1hence South 0202~'12' usl alDn8 the Wesllme or",;\! Tnct N
for 326.46 f<'l; lhenoeNoilh 87'30'00' East along the S...1h line oCa.;\! TnclN for ~11.62 f..,lo \he Point of
BciiAAlng of !he hertinaliir descn'bed submerged parcel; 1hencc SQuth 02"30'00" eul along the Weslline of uid
TracI1'I fot 62.~O fcCI 10 the Dlost Soulhcrly SQuth",", comer of said Tnct N; thence Nonh &7"30'00' East along
the South line of GRid Trl<:lN for 625.18 feet; lhene. Nonh 03.1 1'40' Wut{or 81.37 feet: th~ South 87'30'00'
West along a line parallel witb and. 87.36 feet Northofuicl South line oeTncl N for 519.10 feet; thenee ScuJh
02030'00" wi for 3US feet; thence South 87'30'00" Wut along a tine parallel with lIIid South line ofT""t 1'1 for
1\.20 feet; thence North 0.1."30'00" Wett for 13.29 fect; \bence South 81"30'00" W"lalong a line parallel with and
62.50 feel North of &aid Squib line oflract 1'1 for 94 .42. feet to lhel'01n1 ofBcginning.
Said lUblllc'led parccl lyilIg and being in thc City of A\'CDtun, Miami-Dade COWlty, Florida and containing 51,847
square foct or 1.190 acrea m~ or 10$S.
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RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AN
EXTENSION OF TIME TO RECORD THE "UPTOWN
MARINA LOFTS" FINAL PLAT, BEING A REPLAT OF A
PORTION OF TRACT N OF MARINA DEL REY REVISED,
PLAT BOOK 144, PAGE 89 AND A PORTION OF THE
SOUTH Va OF SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS Investura LLC, by and through Application No. 01-SUB-05 received
final plat approval by Resolution No. 2004-61 passed by the City Commission on
November9,2004;and
WHEREAS Section 31-78(i) of the City's Land Development Regulations
requires that the owner either record the plat within twelve months of the date of
approval or request from the City Commission, prior to expiration, one extension of final
plat approval of no more than six months; and
WHEREAS the final plat has not been recorded and the owner has, prior to
expiration, requested an extension of the approval for six months in order to complete
the recordation; and
WHEREAS the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
extension of Final Plat approval is in the best interests of the citizens of the City of
Aventura.
Resolution No. 2006-
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Uptown Marina Lofts more particularly
described as:
A portion of the south Yo of Section 3, Township 52 South, Range 42 East and a
replat of a portion of Tract N of Marina Del Rey Revised according to the plat
thereof recorded in Plat Book 144 at Page 89 of the Public Records of Miami-
Dade County, Florida more particularly described in Exhibit "A" to this resolution
is hereby extended from November 9, 2005 to May 9, 2006.
Section 2. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-
Page 3
PASSED AND ADOPTED this 7th day of March, 2006.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
H.~~
- \
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of March, 2006.
CITY CLERK
Resolution No. 2006-_
Page 4
EXHIBIT "A" TO RESQLUTION NO. 2006-_
LEGALDESCJUPnOt'l:
P...w k
c:oo.m-c.t lh< =- .rs,dioD 3. T.-bip 52 S..... Jl.aucc 42 &st. Dade Oauuly. - -
. NI9"5O'S5"W ol...lhe NOl1h tmo oflhe S_lJ.lofthe oailI Sedi0ll3, for. - of670J.Ci fo<< tD tbo
IJ"",",,,,_oftloeEut Il2oflb<N_114 oflhcs..-l/4 oflhe__3,-
SOO"3P":l5"E, ol...lbe W....I... aflh< Eut In oflhc _ 1/.1 oflb< S<lolb.....1I4 oftbc - S_ 3, for
.. ~ af 1107,1] feet.: 1hcDcc N8M0'3S-Efor. disUIDCC or "ail feci; 1bcnc:c Noo-39'2S"W fat a dittaacc of
35.00 r"" Il=ce IJB9OZ0'3S"E ror. _ of 156.52 rut tDlb< POINT OF 1IEGIIlNlNG of'" pa=I oflood
Ul6 WIicC bc:rein dcacribllCl; \hcuce NOO"'39'25"W far.. diallDCC af32'2..2S9 feet ta . -poiDl on tho cmtttliDe or..
<&DOl; _ SI9'S6'45"t aloo& lhc __ "fa <&DOl r.... _of 140.011 r.<<; lboaoc SQO"3P":l5"E r....
aut,qee of32D.521 fcd;,.thc:Dce Slln0'3S"W for.. discanu of 140.00 fc:ct to the POINT Of BEGINNING.
AN!)
ParcalB:
A ~oflhe _In ofSccOoo3. TOWl>lIdp 51 Soulh, IWl&c 42 &st.Dade """"'l'.- ---
pordooIaJ\yddoril>cd" r_
Coolm<ooc at tbc.-.z of_ s_3: _ NI9"5O'S5'W aloo...._1lDcoflhe_1I4 or_
_3.lI>i 670.26 fod. tDIbcN__oflhe Eaol1l2 ofo.oN...-1I4 of"lbo _114 of_
S0cd003: _ SQ0"39'2.S"Ealoo&lbeW...tiDeoflhe Eut 112 oflhe_lI4of1llo _114 of_
Socdoo'.fO< 1107.11 f<ot: _ Nl9'20'35"1ifor 49IAI r-: _N00"3P":l5"Wlor35,oo IioottotboPOI>ll'
OF~G ofapvco1cfla4a04 WIaIa''bc:P"ir.~'''''1 7'"'1o.!.d: OlcaacN&r2D'3S"'E.1br346.34 foci; ~
NOO*39"25-W for nz..z6 fCClIc.. perini 0l11bc cca1GfiDo ofa c..-l ~ (aid cma1 ~~ ill
0__ BookIISO alP..., 341, PubIl< _ ofDMo.Colml>', Flodda); - mrS6'45'W aloo& Ibc
......u.. of..,ld 0&D&1_ r... 345.sP r.<<; _llOO'Il3'l5'W al_lhe W'" u.. ofool4 oaaal_
for 62.SO foot to 1ho Soolln<ut =- of _ 0&D&1_ _ SOD"3P":l5"E ro. 264.llS - to 1IoePOINT OF
BEGlNN1NG.
AN!)
P..... Cl
r .t tbo_ofS",...03. T......m;p 51 Soulh, !laDlI,,42 EG,DodoCooolY, ---
B9"'SO')'- Wo&1, aloo&- _LIo< 0(1110_114 or1bo ..,ldSocdoo3, for._of67tU6_..1hc
__orlbe-Eaol1l2oflho_1I4oftJoo_ll4oftbo-_3:--
QO"3~aIooClheW_u..O(lIlol!lllll:1of\lOO--1I4 of1loe_1I4 oflloo....._3.....
._.C1I07.11 ""'__I9'2ll'3S.Eaot....._of6l1.23liool;--alM9'2S"W...
r..... _ of3S foe\: _ NOl1h 19'20'35" Eut roc. _ of2116.52 r_ to 11>0 Polol..rBqlmda& a!"'"
p.rcd. arlmd _ water bcn:io. dc:scribc:cl; tbc8cc.llonh oa-39'2.S" Wca\ Cor. ~ of32O.S%1 fcd.1D. pomlaa.
~ Cait<< liDe of & c:uuIl; 1bcocc Saud1 Irs6'4S"' &It. uaaa the cc::alCf Jino ofa m.oal. far.. d1rIIaace of 1<w.o12
roe.; _..... 00'39'25" Eastfor._.n1U14 ""'" _ ._19"10'35" W""- for._ or
140.00 fcd.to du:: Palntof~P'C~ ~.bovc described pucc1 o{laod ao! w.ra\1:r'b .u'bjoc:t to aacuc;mcDtOV'Ct
1hoNonb 62.S r... _ SallI w.ls _1}Oac ...s_mDad<> Coonl>'. F)orida.
AND
stllIMERGED J.,I\Nlh
A ~ .n_N oCMAJUNA Da.ll.EY 1lEVlSED _ to lh< plat 1h=of......,.,..Jo<lm Plat !look 14'1
&11'....19 .r1llo Po_tic _ ofM",...;..o..Io Cooal;Y, _...s_ __ paniD>lodY dacribo4.. roUD-:
Cololocl><O "Ibc 1''-';' _.ruid T_N: 1ha><& Soulb On4'12' Eut a\ooa the W...1ioo ofai4Tt><:t N
r... 326.4' f~ tb..- ~ 17"3l11lO" &or oloa& lbe Soodh liDe or..,ld T_ N for 211.62 teat to1bc P.... of
Bqiaoloc of... herdl>a6<r daoribaI,.-... J>&""!; __ Soulb 02'30'00" East al_ .... W... tiDe of.....
T_ N ror 62.S0 r.... to... _, SoonI>cdy SooIbwal- of uid Trod N: - Norlb 17"30'00" Eut aloo&
lbc ._liMoraald TraOlN fO<62S.71 roe.; -. N.... 03'1 1'40' W... for 17.37 kd;lhcocoSoolhI7'30'00"
West aloac.Unc pan.1JcJ with...s. 81.3'1Ill1ttNCKthofuid Scndh liBe afTnd N far S19.10 &cI; tbc:Dl:c ScNlh
02"30'00" East ror 31.15 ti:o!: _ S_I7'30'00" West alons'liDc paraIId wi1h ..id Soulb Iioo a!TI>d N ror
11.20 t'aat: _. NIlIlII oa'JO'OO" Well for 13.29 roe.; _ Soulb 11'30'00' W"ulonS .tmo paralIo1wilh am!
62.S0....- oruid ~llIlo ofTr....N ror "'.42 foot to ....,... .CBoa.......
Said _"" 1'''''')1'';'' ODd _In tho O'l'.r A....... MianU-Dad, Coooty. Florid& ODd ~ 51.147
.tqII.G'Cfcctar 1.190 ag-esmcwe CIC' 1-.
S1)
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which
is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies
all persons representing the individual or entity applying for the Development Pennit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists. Etc.)
Clifford A. Schulman
Attornev
Mario Garcia-Serra
Attornev
(Attach Additional Sheets If Necessary)
NOTlCE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING
FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS
AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEe. 31-
71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION,
THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MV HAND THIS
DA V OF
,2005.
AUTHORIZED REPRESENT A TIVE OF APPLICANT:
OWNER
\
By:
x
By:
(Signature)
(Signature)
Name: Gilbert Benb
(Print)
Title: President
Name:
(Print)
Title:
Address:
Address: 18851 NE 29th Avenue
Miami. FL 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared Gilbert Benbamou as the authoriz
Applicant and/or the owner of the property subject to the application, who being first by me duly swo
helshe execuled this Affidavit for the purposes staled therein and that il is true and correc\.
X
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME IhisU day of A,(tlr<:' Y> .2005.
L~/ .
0' r te Florida At Large
1-....:".'. . ROSETT ame NotaryeQ~JJ..I~
"~[il'Y ." "'" ....... PuIllIc. SlIII oJ FIoItdI
:<1'. $. 1_'
;.. 'EMyC"n.' '~ElpirllSep5._
\',\ ',~f C~'C04ll8315
-'/r'.'n"'>' . ",j~d8yNationaINolary"-'.
My conunission expires:
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-7 I (b}(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with "x" applicable portions only)
[ X ] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which
arc not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar
year.
WITNESS MY HAND THIS
DAY OF
,2005.
APPLICANT:
By:
Name:
Title:
(Signature)
(Print)
(Print)
PROPERTY OWNER:
J.lM.ur
,2005.
By:
Name:
Title:
Gilbert B
Preside
(Signature) X
(Print)
(Print)
"'The terms "Business Relationship, " "Client, " "Customer," "Applicant, " "Representative" and "Interested Person"
are defined in Section 2-395 of the Aventura City Code.
--....--y-----
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
NOTARIZATION PROVISION
Befofe me, the undersigned authority, personally appeared Gilbert Be
first by me duly sworn, did swear or affilTI1 that he/she executed this ffi
therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me th;s f.t day of Mtlre h
"".1111." ROSETTA JOHNSON
!m'~~Y p~~\ NotaryPu~ic- ~teofFIortca
;. .;MyCon.,_,E_Sep5,2009
\~'f ",,~l C_ .llD468315
'I"OF n.,,' r".,r!pn Pv N:lI;r'ln~1 NotaryAssn.
mou the Affiant, who being
a t fi the purposes stated
,
X
AFFIANT
,2005.
----.n._____________________.____________________.n_____----_____._______.n.___________________________.n..______________u__.___________________________________h_________________.Un_____
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Clifford A. Schulman the Affiant, who
being first by me duly sworn, did swear or affilTI1 that he/she executed this Affidavit for the purposes stated
thefein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
.2005.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
_________.____n____..________________________________..___________.________________________.____________________________h_______________h________________..h_______________h_________________
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being
first by me duly sworn, did swear or affilTI1 that he/she executed this Affidavit for the purposes stated
therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,2005.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
------------------------________________________h__________.---------__~_________________________h_______________________________._______________Uh________________________________.__________
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared the Affiant, who being first
by me duly sworn, did swear Of affilTI1 that he/she executed this Affidavit for the purposes stated therein
and that it is true and correct.
NOTARIZATION PROVISION
STATE OFF LOR IDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Gilbert Benhamou the Affiant, who being
fifst by me duly sworn, did sweaf or affirm that he/she executed this Affidavit for the purposes stated
therein and that it is true and correct.
X
AFFIANT
SWORN TO AND SUBSCRIBED before me this~ day of
,2005.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
______n____u.__________________-.___________n___________---___________________.._______u_..______n_______..__.____..._______..________..___...._______._______.._____....._____________n.___
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Clifford A. Schulman the Affiant, who
being fifst by me duly sworn, did swear Of affirm that he/she executed this ffi vit for the purposes stated
therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this ~ day of
Printed Name afNotary
My commission expires:
OHlClAL Nor ARY SEAL
RlSOL R GONZALEZ
C srATE OF FLORIDA
ISS N NO. DOI48882
. ION EXP. SEPT 17,2006
_nonnn_n_hhn___._nn____...___n__nn____Uh_n____n_nn_n...._n_nn_nn_h________n_nn_hn_n___nn____._____nn_nnn._______nnnnn__nnnnnUn_nn_nu_hnn
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being
first by me duly sworn, did swear or affifm that he/she executed this Affidavit for the purposes stated
therein and that it is true and correct.. 1/% L
l Q, . \)
!I V-<.-<< _/.. - :].e/.-u.y<..
.AFFIANT
Printed Name of Not at)'
My commission expires:
cJAi.:NCifAi<yS~- .':
A LRGONZALEZ I
Y CsrATEOFFLORIDA.
MISSION NO. DDI4&S82
-. MYCOMMIS~.Q,':'I.x.r:SEPT 17,2001; I
-- .
.n_nn_nnn_un_hnnn_n___un_h__nnn-.nnuh_nnnn__nn_hhnn____n_uU_nn_n_nnnUhnnn_nnn_Un_nn__n_n_hnn___n_n_hnnn____nu.nnn_nnUhn
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authofity, personally appeared the Affiant, who being first
by me duly sworn, did swear or affirm that he/she executed this Affidavit fOf the purposes stated thefein
and that it is true and correct.
WITNESS MY HAND THIS ~ DA Y OF j1tUc h
,2005.
Name: Mario J. Garcia-Serra
(Print)
(Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
Tille: Attom';Ij1
By: L - j_
v ,
Name: Clifford A. Schulman
(Print)
(\::gi_..4ft9
(Print)
Title: Anomev
(Print)
By:
(Signature)
Name:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
NOTE: I) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-
71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the application by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
BY:
DATE: February 17, 2006
SUBJECT: Request of GM Atrium LLC for Extension of Final Plat Approval
Atrium at Aventura (03-SUB-05 EXT)
3131 and 3161 NE 188 Street
March 7, 2006 City Commission Meeting Agenda Item 6' 8
RECOMMENDATION
It is recommended that the City Commission approve a resolution extending the
time to record the "Atrium at Aventura" Final Plat from March 1 0, 2006 to
September 10, 2006.
THE REQUEST
The applicant, Clifford A. Schulman on behalf of GM Atrium LLC is requesting a
six month extension of time to record the Final Plat for the subject property. The
final plat was approved by the City Commission on March 10,2005 by Resolution
No. 2005-09. Section 31-78(i) of the City's Land Development Regulations
requires that the owner either record the plat within twelve months of the date of
approval or request from the City Commission, prior to expiration, one extension
of no more than six months. The request for extension has been made prior to
expiry of the plat approval. (See Exhibit #1 for Letter of Intent dated February 14,
2006)
,.....---
BACKGROUND
OWNER OF PROPERTY
GM Atrium LLC
LOCATION OF PROPERTY
3131 & 3161 NE 188 Street (see Exhibit #2 for
Location Map)
SIZE OF PROPERTY
Approximately 4.31 gross acres
LEGAL DESCRIPTION
A portion of the south Y, of Section 3,
Township 52 South, Range 42 East and a
replat of a portion of Tract N of Marina Del Rey
Revised according to the plat thereof recorded
in Plat Book 144 at Page 89, City of Aventura,
Miami-Dade County, Florida (See Exhibit #3 for
complete legal description
DESCRIPTION
Administrative Site Plan Approval was granted to this site on December 9, 2003
for construction of 192 condominium units in two eleven story towers connected
by an atrium lobby. Construction is underway. The property is located on the
north side of NE 188 Street, between the Aventura Charter Middle School Wing
and the Uptown Marina Lofts development.
The City Commission granted final plat approval by Resolution No. 2005-09
passed on March 10,2005. (See Exhibit #4 for approved plat) The applicant is
requesting a six month extension of time to record the plat, from March 10,2006
to September 10, 2006. No change has been made to the plat boundaries since
the Commission's previous approval in March of 2005. Recording of the final plat
has been delayed due to a change in ownership of the property.
2
Greenberg
Traurig
Clifford A. Schulman
(305)579-061 J
Direct Fax: (305) 961~5613
E-Mail: schulmanc@gtlaw.com
February 14, 2006
VIA FACSIMILE: 305-466-8949
Ms. Joanne Carr
Planning Director
City of A ventura
19200 West Country Club Drive
A ventura. Florida 33180
"Exhibit 1
03-5UB-OS EXT"
Re: Atrium at Aventura Final Plat I Request for Extension of Time to Record
Plat
Dear Joanne:
We represent OM Atrium, L.L.C., ("GM Atrium") in the above referenced matter. GM
Atrium is the successor to Venaventura, L.L.C, the entity which originally applied for Final Plat
approval for the Atrium at A ventura. Pursuant to Resolution No. 2005-09, the A ventura City
Commission approved the application for Final Plat for the Atrium at Aventura on March II,
2005 (copy of Resolution is attached). Section 31-78(i) of the City of A ventura Land
Development Regulations (the "LOR's") requires that plats be recorded in the public records of
Miami-~ade County within one (I) year of approval.
Unfortunately, due to circumstances beyond our control, such as, and including a change
in ownership of the project, the plat has not yet been recorded. As a consequence, we
respectfully request, pursuant to Section 31-78(i) of the LOR's, that the City Commission extend
the time for recording the plat for six (6) months. GM Atrium expects that the plat will be
recorded well wilhin lhls lime frame.
Since the plat recordation approval is set to expire on March 10, 2006, we ask that you
schedule the requesllo extend the approval for the March 7, 2006, City Commission meeting. If
you have any questions, please call me at, 305-579-0613, or my Associate, Mario Garcia-Serra,
at 305-579-0837. Many thanks for your attention to this matter.
Sincerely,
/11.1 0) /
r"~<.r .~Ut,A:.t.Ci.-
. I
6-c~'- Clifford A. Schulman
r
.,
-j" t::r'(A~'r (
cc: Jim Reidy
Cree-nberg Traurig, PA I Atti)mey-~ tlX law Il221 BrickeltAvenur I NiilrnL H 3~Bl1 Tel 305S79,0500 I ;all ;'-05.579_0l' i I v-.^....,,\.gtlawcoJ'T'
T--
RESOLUTION NO. 2005.Q9
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING ATRIUM AT
AVENTURA, BEING A PORTION THE SOUTH Y. OF
SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST,
AND A REPLAT OF A PORTION OF TRACT N OF
MARINA DEL REY REVISED ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 144 AT PAGE 89,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDAj
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Venaventura, LLC by and through Application No. 03-
SUB-05, has requested Final Plat approval for Atrium at Aventura, being a portion of
the South Y. of Section 3, Township 52 South, Range 42 East, and a Portion of Tract N
of Malina Del Rey revised according to the plat thereof, recorded In Plat Book 144,
Page 89, City of Aventura, Miami-Dade County, Flolida, the Final Plat being
incorporated herein by reference and made a part of this Resolution as Exhibit #1 ; and
WHEREAS, the City Commission hoard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best Interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Atrium at Aventura, more particularly
described as:
~ ...~
Resolution No. 2005-09
Page 2
A portion of the SouU. Yz of Section 3, Townllhlp 52 South, Range 42
East, and a Replat of a portion of Tract N of Marina Del Rey Revised
according to Plat Book 144 at Page 89, City of Aventura, Miami-Dade
County, Florida more particularly described in Exhibit #2 to this resolution.
Is hereby granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded In the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 4. This Resolution shall become effective immediately upon Its
adoption,
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Diamond. and upon being put
to a vote. the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskln
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 'nn~-119
Page 3
PASSED AND ADOPTED this 10th day of March, 2005.
<.~~
'~.Pertow,MaYOr -
ATTEST:
APP~OVED fS TO LEGAL SUFFICIENCY:
{'-At ~
CITY ATTORNEY
Resolution was filed in the Office of the City Clerk this II day of
ci-- ,2005.
EOdrlbit 'i/2 to ll.esolut::i.c:u No. 2005-
r~RCEL I:
COMMENCE al lite center of Section 3, Township 52 Soullt, Range 42 East, Miami.Dade Couney,
Florida lben run North 19 desrees 50 minutes 55 seconds West along lhe North line of lb. SW 1/4 of
$lid Section 3 for a distance of 670.26 feet to the NW comer ofUle E1I\ of the NE 1I4 uflhe SW 1/4 of
said Section 3; thence run South 0 de~ees 39 minutes 25 seconds East alan&.- the West line of the East
y, of lite NE 1I4 ofche SW 1/4 of said Section 3 for a di,tance of 1107.11 reel to a point; thene:< run
North 19 degrees 20 minutes 35 seconds East for a dislance of 1124.75 feet to . point; thene:< run
North 0 degree. 39 minute. 25 scconrl. W,_<t for. distance nf35.00 feet to the Point ofR"l';innine to
lhe tract of land and water herein described; thence continue North 0 degrees 39 minutes 2S seconds
West for a distance of3 1&.75 feet to the center line ofa canal; thence run South &9 degrees 56 minutes
4S seconds East a1on& lite center line of ,aid canal for a distance of 170.71 fcelto a point; thencc run
Soulb 0 cle2rees 39 muuJfA:s 25 seconds East for a distance ofl16.634 feet to a point; lhencc runSoulb
19 degrees"'20 minutes 35 seconds West for a distanct ofl70.70 feet to the Point of Beginning.
PARCELl:
Th. East 100.0 (oce.(rho W... 270.70 (ool o(lh. (oUowins de<cribcd proporty:
BEGlN it lite ceatcr o( Section 3, Towaship 52 South, lWlge 42 Ilost, Mlami-Dad. County, Florida;.
thence run North U degrees SO minUtes 55 seconds WC$!610,26 feet to the NW comer of!he B ~ of
lbe NE 1/4 oflbc SW 114 of said Section 3' theru:c run South 0 degrees 39 min~s 25 Seconds East
along the WC$lliuc of dte East ~ of the NE 1/4 of lite SW 114 oHald Section 3 for a distance of
1101.11 fcello apoinr.thenC4 North 19 deg=s 20 mlnutes 35 seconds East along a line for adislance
o( 1124.75 (eetlo a pomt;thence North 0 degrees 39 mlnUlcs25 seconds West for a dislancc 005 feet
to the Point ofBeginni!l&: lhence continue North 0 degrees 39 minutcs ZS seconds West for a dislance
of 311.75 l"ccllo & point 00 lb. cenlc< line o( a .....1; lhenoo No. South 19 degr... 56 mlnult. 45
seconds East along 1I1e center line of a canal for. distance of691.55 feet to a poln~ thence run Soullt 0
degrces 39 minutes 25 seconds East for a dis\a1lCC of 310.18 feet 10 a 'point; thence run South 89
degrees 20 minutes 3S seconds West for a distance of691.50 feet to the POint of Beginning,
PARCEl. 3:
The East 201.55 feet of the WC$l472.2S fect of the following described property:
BEGIN &l the OClItor of Soctlon 3, Township 52 South. II.ang<> 42 East, Miami-Dade CoUllly, Florida,
thence sun Nordt &9 degrees 50 minules 55 seconds West 670.26 feet 10 !he NW comer of!lte E Yo or
the NE lf4 of dte SW 1/4 of said Section .3.i..thence sun South 0 degrees 39 minutes 25 seconds Bast
along the West line of the East ~ of lbe Nt> 1/4 of the SW 1/4 of said Section 3 for. dislancc of
1101.11 fectlo a point: thence run North 19 degrees 20 mlnutes 35 seconds East along. line for a
distance of! 124.75 feci 10 a po\nt; thence North 0 clegrees 39 m1oulC$ 25 seconds West for a dislance
005 feet 10 lite Point ofBeguwng: thence continue North 0 deg=s 39 minutes 2S seconds WC$! for a
clistanceof311.75 fectto a point on the center Iino ofa Cll1I.I; Utence run South 19 degrees 56 minutes
45 seconds East alott! the Centcr line of a Cll1I.1 for. dislancc of 691.55 feet 10 . P91nt; thence run
South 0 degrees 39 mmutes 2S seconds East for s dlslallCC 0(310.11 feet to a polnt;.theoCc run South
19 degrees 20 ",lnutes 35 seconds West for a dls\a1lCC of691.50 feet 10 the Point ofBcginnlng.
PARCEL 4:
A portion of Tract N of MARINA DEL REY REVISED, according 10 lite Plat thcrco( IS rccotded In
PlAt Book 144, at P,&e &?, of the Public Records of Miami-Dade County, Florida and belng more
panleularly clescn'bc4 as follOWS:
CoIlUtlCllCC lithe NorthWest comer ohald Tnu:t N.lltcnec South 02"24'12. East .10011 tho West line o(
said Tnu:t N for 326.46 feet; thence Nordt &7'3OW. East along the South line of salel Tt'Il:t N for
211.62 feet; thence South 02"30'00. East all>llg dte west linoofsa1d Tract N for 62.50 feettD the most
Southerly Southwest comer of said Tract N: thellCC North 17'30'00. East along the South line of said
Tract N for 625.71 (eet, 10 the Point of B~ionil!& of the hcreinsllet desc:noed submerged p~lj
!hence Nordt 03"1 1140. West for I7J1 feet; tIiCncc North 17'30'00' East along . line parallet WIth anD
17J6 feet North of said South line ofTtICI N for 266M foct; thenec South 02"30'00. East for 11.20
feet; thence Nonh 17'30'00. East .10!l& a line paraltel with aDd 76.16 feet north of said South line of
Tnct N for 204.23 feet; thence South 02"30'OD. East for 76.16 feel to a point on said South line of
Tract N; thence South &'1'30'00. WaC along ..id SolIlh line o(Tract N for 469.22 Coello the roinlof
Beginning.
T .
BROWARD COUNTY
.._._1_.....
DADE COUNTY ..
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MIAMI :.
GARDENS DR. . i-
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207 ST.
CbUNTRY CLUB DR.
201 TER.
AVENTURA e\.'IQ'
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192 ST.
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Roadways
CIty Boundaty
ZIP Code Boundaty
RalllOad
"Exhibit 2
03-5UB-OS EXTn
Exhibit 3
03-5UB-OS EXT
PARCEL (:
COMMENCE al the ....ler of Seelion ;, Township S2 South, J?nge 42 BlS~ Miami-Dade County,
Floridalben run North 19 degrees SO minules SS seconds Wesl alon.the North line oflbe SW 1/4 of
said S(etion 3 foradlsttnceof670.26 feet 10 lite NW comer ofU,e B'fA .flltc NE 1/4 .fllte SW 1/4 .f
said S(etion 3; thence run South 0 dc&t:ees 39 minutes 2S ,econds Eastalon~ the West line of the East
Yo of the NE 1/4 of the SW 1/4 of "Id SeClion 3 for a distanec .f 1107.11 Teel 10. point; Ihcnee run
North 19 degrees 20 minutes 3S scconds East for a distance of 1124.7S fccl 10 . poinl; lItenee run
North 0 deB,ee,;9 minules 25 s~onrl, Wt_,t for a dist.nee of3S.00 feet to the Point orReeinnlng to
lhe Irae! of land and water herein described; thence continue North 0 degrees 39 minules 2S ,econds
West for a distance 00 11.7S feet 10 the center line ofa can.l; thence run Soulh &9 degrees 56minules
4S SCCQllds East aIo"ll lite CClItcr line oC..id canal for . distance of 170.71 feet 10 a poinl; thence run
South 0 degrees 39111U1u(es 2S seoonds East for a distance of316.634 feet 10 a !>Oint; lhcnec lUll South
19 degreeS 20 minutes 3S SCCQIlds West Cor a distallCe ofl70.70 feet to the Poinl of Beginning.
PARCEL 2:
The East too.o toc<oflho Wcst210.70 fOOl.lthe foJIowlnadeocribed propocty:
BEGIN .1 the _ of$~ 3 TowasbIP 52 Soullt, llJl\&e .2 ~t.llaml-Da4. Co ,Florida;
thenco I\I1l Nordt 19 ~, 50 ii.\,iutes SSseeo~ West 610;?Heetlo ~ NW C(l1llCr 0 ' iof
the lIE 1/4 of 1Itc SW Tl4.or U1d Seclion Nheaoctun SouthO_deg~ 39 m~ 25 S" . t
along the West liac.of~Eist ~ of the @ l./40flheSW 1/4 oT-~!4 Section 3 for. d', of
1107.11 feetlo,poln~lljen. ceNorthI9de..~ , '. 2.,OIllln. .,. u!cS. 3S'0:c0~d. Sllt$t. alonga. l!"Cf9,l:a.,. ce
nfll.,24.15 feet. "'.POIll!ithenco....,'. NorthOdegr~3.9m. 1nu!cS. ,.2$..'f<<\I.,rlaSW. e;tfon.4.~.. ,of3.HCct.
to th~ Point of I3cglilni!ii:thCllCe conllnlle 'N0rih0d~39I1\inUtc::{~$ ~nds West fo'r.O"\SW\~
of 311.75 feet 10. poiato.1M center 11M of .eliial; IlicMOi1lltS~~'9 de~ 56",1a~.45
seconds East.longlite ccnfcr line oCa canal for. ~lstanCcor69t.5S feet 10 a polrit; thenoe run SO\llh 0
degrees 39 minutes 2S seconds East Co, . d~ of 310.lS feel to a 'polnl; thence run South 89
degrees 20 minlll.. 3S seconds West Cora distance of69 1.50 feet to the POlDt of Beginning,
PARCEL 3:
The East201.SS feet4IM West 472.25 feel ofthefoUowlng described property:
BoolN at Ibe center or SccIloa 3, Towosbip 52 ~ Rln.te~2 ~ MiAmi-Dade County, I'lorlda..
thence run Nordt 19 degrees 50 mlnules $5 sccol'l$ West 670.26 fcellO the NW comeroftlleE Y, or
the NE 114 of\he SW 1140. r..id Seclion}.i..1Iicnoe run South 0 deg.'ees.39 minutc5 25seoo.n.ds. 1!ast
W8n\'"f~e:. ~fJ\;..~'i: ~1l0~~. .~~ ~~~os~u:.~$~:.u~ ~~~ :=,0;
distance of 1124.75 fcctlo~~ Ihcncc NOrth degrees 39~ 2S ~lI4$WestlQr.dls\lnee
of3S Ccct 10 the PolntofB . tllCoee cona- No<lh 0 dwccs 39 minutc5 2S seoonds WC$Uo,.
diswloc of 311.75 feet toa point 011 1M center Ilao.of .~I; tIien~!IKI.SOuth 1.9 d~ S6'!llInutcs
.(s scoonds East .loa& lhcCeoter 11110 of. CJIlII for a ~~ of 691.$5 feet to. t'9.\t!\i. ~~r"tun
South 0 dcgRC$ 39 tolll(lte$ 2S seconds East for.. dislanee of310.\Ucelto . point; \MiiCctun South
19 degrees ~O....utcS 35 scoonds West for. dlStanC:c of69\.50 feWelhe Point ofBcg\lUi1r1t.
PARCEL 4,
A portloa of Tract N of MARINA DEL REV IUlVISED, accordinJ!:lO the Plat 111....( .Jlrccolded In
Plit Book H4, ... P"e 19100f the Public Records of Miami-nacre County, FlOrId. IlICI bCUlg mo,e
particularly deseribed ufol WI:
~ ltthe NOIIItWcstcorner otsalcl Tncl N' thctu;c South 0%'24'\2" East aIoll&,the WestlinG of
&lid Tncl N for 326M f(et; thcacc Notth 17'3QloO" t!asl a10ltgthe South linG of slid 'frIiit.N fo'
2\ 1.62 f(et; thcace Soul!I 02'30'00" East .w 1M West line Of salcI~ N l'<lI"62.50r~ to tlte most
Soo;nhcrIy Southwest_ of &lid Tril:t N: ~ North 17'30'00' East along \he SCUlls 1iIle of SIlld
Tract N for 625.11 foi:t, 10 the paint. of B02Ioaia2 of Ihe hccelnaftct dcscn'bed subo!cr2ed, p~li
thence Noeth 03'IIICO" West for 17.31 fee\; ~ NOrth 17'30'00' But aIoog_allAe pltaIICI W\lIi anD
11 J6 feet NOrth of salcI Soul!Ilino OfTncl N lOr 266.os fee\; II1etlco South 02"30'00' But for t 1.20
feet; thence NOrth l7'30'00" But'1o!Ic a line para\lel wIdt lIIil 76.\6 feet DOdlt ofsald South 11n. of
Tract N for 204.23 fee\; tllCoee Soudi02'30'0b' East for 7U6 feet 10 . t'9lnt on sald Soul!IIIne of
Tratl N; IItettcc Sou\h &7'30'00. West along u\d So1IIh Une ofTraet N fot 469,22 feet 10 th. Point of
Beg;lMlng.
Exhibit 4
03-5UB-OS EXT
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RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AN
EXTENSION OF TIME TO RECORD THE "ATRIUM AT
AVENTURA" FINAL PLAT, BEING A PORTION OF THE
SOUTH Yo OF SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST, AND A REPLAT OF A PORTION OF
TRACT N OF MARINA DEL REY REVISED ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK
144, PAGE 89, CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS GM Atrium LLC, by and through Application No. 03-SUB-05
received final plat approval by Resolution No. 2005-09 passed by the City Commission
on March 10, 2005; and
WHEREAS Section 31-78(i) of the City's Land Development Regulations
requires that the owner either record the plat within twelve months of the date of
approval or request from the City Commission, prior to expiration, one extension of final
plat approval of no more than six months; and
WHEREAS the final plat has not been recorded and the owner has, prior to
expiration, requested an extension of the approval for six months in order to complete
the recordation; and
WHEREAS the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
extension of Final Plat approval is in the best interests of the citizens of the City of
Aventura.
Resolution No. 2006-
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Atrium at Aventura more particularly
described as:
A portion of the south Y:z of Section 3, Township 52 South, Range 42 East and a
replat of a portion of Tract N of Marina Del Rey Revised according to the plat
thereof recorded in Plat Book 144 at Page 89 of the Public Records of Miami-
Dade County, Florida more particularly described in Exhibit "A" to this resolution
is hereby extended from March 10, 2006 to September 10, 2006.
Section 2. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 3
PASSED AND ADOPTED this 7th day of March, 2006.
Susan Gottlieb, Mayor
A TIEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
H.~~\
CITY A TIORNEY
This Resolution was filed in the Office of the City Clerk this
day of March, 2006.
CITY CLERK
Resolution No. 2006-_
Page 4
EXHIBIT "A" TO RESOLUTION NO. 2006-_
PARCEL I:
COMMENCE at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County,
Florida then run North 89 degrees 50 minutes 55 seconds West along the North line of the SW 1/4 of
said Section 3 for a distance of670.26 feet to the NW comer of the E Yo of the NE 1/4 of the SW 1/4 of
said Section 3; thence run South 0 de~rees 39 minutes 25 seconds East along the West line of the East
\I, of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of 1107.11 feet to a point; thence run
North 89 degrees 20 minutes 35 seconds East for a distance of 1124.75 feet to a point; thence run
North 0 degrees 39 minutes 25 seconds West for a distance of35.00 feet to the Point of Beginning to
the tract of land and water herein described; thence continue North 0 degrees 39 minutes 25 seconds
West for a distance of 318.75 feet to the center line of a canal; thence run South 89 degrees 56 minutes
45 seconds East alon~ the center line of said canal for a distance of 170.71 feet to a point; thence run
South 0 degrees 39 minutes 25 seconds East for a distance 0016.634 feet to a point; thence run South
89 degrees 20 minutes 35 seconds West for a distance of 170.70 feet to the Point of Beginning.
PARCELl:
The East 100.0 feet of the West 270.70 feet of the following described property:
BEGIN at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida;
thence run North 89 degrees 50 minutes 55 seconds West 670.26 feet to the NW corner of the E Yo of
the NE 1/4 of the SW 1/4 of said Section 3; thence run South 0 degrees 39 minutes 25 Seconds East
along the West line of the East Yo of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of
1107.11 feet to a point; thence North 89 degrees 20 minutes 35 seconds East along a line for a distance
of 1124.75 feet to a point; thence North 0 degrees 39 minutes 25 seconds West for a distance 005 feet
to the Point of Beginning; thence continue North 0 degrees 39 minutes 25 seconds West for a distance
of 318.75 feet to a point on the center line of a canal; thence run South 89 degrees 56 minutes 45
seconds East along the center line ofa canal for a distance of691.55 feet to a point; thence run South 0
degrees 39 minutes 25 seconds East for a distance of 310.18 feet to a pOint; thence run South 89
degrees 20 minutes 35 seconds West for a distance of691.50 feet to the Point of Beginning.
PARCEL 3:
The East 201.55 feet of the West 472.25 feet of the following described property:
BEGIN at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida;
thence run North 89 degrees 50 minutes 55 seconds West 670.26 feet to the NW corner of the E y, of
the NE 1/4 of the SW 1/4 of said Section 3; thence run South 0 degrees 39 minutes 25 seconds East
along the West line of the East Y, of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of
1107.11 feet to a point; thence run North 89 degrees 20 minutes 35 seconds East along a line for a
distance of 1124.75 feet to a point; thence North 0 degrees 39 minutes 25 seconds West for a distance
005 feet to the Point of Beginning; thence continue North 0 degrees 39 minutes 25 seconds West for a
distance of 318.75 feet to a point on the center line of a canal; thence run South 89 degrees 56 minutes
45 seconds East along the center line of a canal for a distance of 691.55 feet to a point; thence run
South 0 degrees 39 minutes 25 seconds East for a distance of310.18 feet to a point; thence run South
89 degrees 20 minutes 35 seconds West for a distance of691.50 feet to the Point of Beginning.
PARCEL 4:
A portion of Tract N of MARINA DEL REY REVISED, according to the Plat thereof, as recorded in
Plat Book 144, at Page 89, of the Public Records of Miami-Dade County, Florida and being more
particularly described as follows:
Commence at the Northwest corner of said Tract N; thence South 02"24'12" East along the West line of
said Tract N for 326.46 feet; thence North 87030'00" East alon~ the South line of said Tract N for
211.62 feet; thence South 02030'00" East along the West line of saId TractN for 62.50 feet to the most
Southerly Southwest corner of said Tract N; thence North 87"30'00" East along the South line of said
Tract N for 625.78 feet, to the Point of Beginning of the hereinafter described submerged parcel;
thence North 03011'40" West for 87.37 feet; thence North 87030'00" East along a line parallel WIth and
87.36 feet North of said South line of Tract N for 266.05 feet; thence South 02030'00" East for 11.20
feet; thence North 87030'00" East along a line parallel with and 76.16 feet north of said South line of
Tract N for 204.23 feet; thence South 02030'00" East for 76.16 feet to a point on said South line of
Tract N; thence South 87"30'00" West along said South line of Tract N for 469.22 feet to the Point of
Beginning.
..........\
,
'\~...~
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Pennit, which
is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies
all persons representing the individual or entity applying for the Development Pennit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Clifford A. Schulman
Attornev
Mario Garcia-Serra
Attornev
(Attach Additional Sheets If Necessary)
NOTlCE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING
FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS
AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEe. 31-
71(B)(2)(IY) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION,
THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS 3rd DAY OF March, 2006.
AUTHORIZED REPRESENTATIVE OF APPLICANT:
By:
x
OWNER
By: ~ __
(Signature)
Name Steohen V. Robison
(Print)
Title: Sr. Vice President ofGM Atrium. LLC
(Signature)
Name:
(Print)
Title:
Address:
Address: 12810 Tamiami Trail North
Navies. FL 3411 0
STATE OF FLORIDA
COUNTY OF COLLIER)
Before me the undersigned authority personally appeared Steohen V. Robison, Senior Vice President of GM Realty
Holding Comvanv. the Manager of GM Atrium. LLC. as the authorized representative of the Applicant and/or the owner of the
property subject to the application, who being first by me duly sworn, did swear or afftrm that he executed this Afftdavit for the
purposes stated therein and that it is true and correct.
x .-r"~ ____
AFFIANT
SWORN TO AND SUBSCRlBED BEFORE ME this 3rd day of March, 2,096.
'--k' Cl. "e.1.J 'j); .G~ /1~>>,10~
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
"""q'~',,,
''ii'''j;....'-1;;-'
ill" _ ~~
~~. .~~
'::l,r.'''i,$'':-
,flf",'ii'
KAREN B. ANKNEY
MY COMMISSION # DD 254795
EXPIRES: December 20. 2007
Bonded Thru Notary PlJbjic Underwrijers
T -
...
^-"""'-
~~~~
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 3l-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with "x" applicable portions only)
[ X ] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presenled.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which
are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] Hi. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar
year.
WITNESS MY HAND THIS 3rd DAY OF March, 2006.
APPLICANT:
(Signature)
(Print)
(Print)
By:
Name:
Title:
WITNESS MY HAND THIS 3rd DAY OF March, 2006.
PROPERTY OWNER:
By: ~ __(Signature) X
Name: - Stenhen V. Robison (Print)
Title: Sr. Vice President of GM Atrium. LLC (Print)
*The terms "Business Relationship, .. "Client, .. "Customer, " "Applicant, It "Representative" and "Interested Person"
are defined in Section 2-395 of/he Aventura City Code.
NOTARIZATION PROVISION
STATE OF FLORIDA
COUNTY OF COLLIER)
Before me, the undersigned authority, personally appeared Steohen V. Robison. as Senior Vice President of
GM Realty Holding Comoanv. the Manager of GM Atrium. LLC the Affiant, who being first by me duly sworn, did
swear or affirm that he executed this Affidavit for the purposes stated therein and that it is true and correct.
x ~------
AFFlA
SWORN TO AND SUBSCRIBED before me this 3rd day of March, 2006.
'"''~';''''' KAREN e. ANKNEY
/:?';b,"'!:. MY COMMISSION # DD 2547.95
~:..~.:~j EXPIRES: Decemb~r 20, 2007
~1.;;'~~~~ Bonded Thru Notary PubliC UnctefWrrters
'."f".,
\..~,~ .'\C /\-.J '0. O/,J,l--<--\.--
Notary Public State of Florida At Large J
Printed Name of Notary
My commission expires:
STATE OF FWRIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Clifford A. Schulman the Affiant, who
being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated
therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,2005.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being
first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated
therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
.2005.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared the Affiant, who being first
by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein
and that it is true and correct.
WITNESS MY HAND THIS ~ DAY OF 11M' h
,2005.
Name: Mario J. Garcia-Serra
(Signature) By: (Signature)
(Print) Name: (Print)
(Print) Title: (Print)
o 19 By: (Signature)
(Print) Name: (Print)
(Print) Title: (Print)
(Signature) By: (Signature)
(Print) Name: (Print)
(Print) Title: (Print)
(Signature) By: (Signature)
(Print) Title: (Print)
(Print) Title: (Print)
(Signature) By: (Signature)
(Print) Title: (Print)
(Print) Title: (print)
(Signature) By: (Signature)
(Print) Title: (Print)
(Print) Title: (Print)
Title: Altome
By:
Title: Altomev
By:
Name:
Title:
By:
Title:
Title:
By:
Title:
Title:
By:
Title:
Title:
NOTE: I) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to Umely supplement this Affidavit pursuant to Sec. 31-
71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the applicaUon by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
NOTARIZATION PROVISION
ST ATE OFFLORIDA
COUNTY Of' COLUER)
Before me, the undersigned authority, personally appeared Stenhen V. Robison. as Senior Vice President of
GM ReallY Holding Comoanv. \he Manager of GM Atrium. LLC the Affiant, who being first by me duly sworn, did
swear or affirm that he executed this Affidavit for the purposes stated therein and that it is true and correct.
x ~;;e-;;' .---.
AFFIA
SWORN TO AND SUBSCRIBED before me this 3rd day of March. 2006.
':::~ .'\O./1-J r;j. 0 /"j~t--<-,--
Notary" Public State of Florida At Large J
Printed Name ofNowy
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI. DADE)
Before me, the undersigned authority, personally appeared Clifford A. Schulman the Affiant, who
being first by me duly sworn, did swear or affirm that he/she executed this or the purposes stated
therein and that it is true and correct.
AFFIANT
swo~=:~~~,~:,~S.~:~lc~::~fo~..me thi, iL day Of~.
r~O"''''''''(PI.:t(' N8icry PI)Ll!;C Simc of >::IOJ'03 ~ ~~
"; ..~... ~:; Chn'iil"f' u.'i........i. '."'":rJ'/\,"00 Notary Public State ofFlo t urge
'1--,+' ._,.? t,.',- """,LJ::.,123G4')
L~' .', [IV ) ;.' ."i')::~; Printed Name of Notary
-~ c____~~".~w.=---- My commission expires:
_____._______n_.________.___._..________.._.._____..________________.___________.__....________......___...._n.._..__._....._n...__._._..._
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being
first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated
therein and that it is true and correct. ~ .J~ ?
,. , _/
. 'J~
A FIANT
SWORN TO A~.oSU~'-CIUBEDb.for. me th" k day Of~.~
r ,."H,. ',,'. , " L~ ~ .-(J~..u.u_dl(j
I! ,...~.~: 'I :'. l) Notary Public State of Flori A rge
L.,._. '.,':; ~\' Printed Name orNotal)'
My commission expires:
.______._____________________.________._......._.____._____._.___._...____n_._.n._.__.___...___.________._._____.-.....-.---------._~~.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the lUldersigned authority, personally appeared the Affiant, who being first
by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein
and that it is true and correct.
CITY OF A VENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
To: City Commission
From: David M. Wolpin, City Attorney
Date: March 7, 2006
Re: First Amendment to Settlement Agreement between the City of Aventura and
Shefaor/Tarragon, LLLP Concerning Lincoln Pointe Property
March 7, 2006 City Commission Meeting Agenda Item ~ F
Recommendation:
Approval of the attached proposed First Amendment to Settlement Agreement (the "Amendment
to Agreement") between the City and Shefaor/Tarragon, LLLP is recommended for the purpose
of amending and supplementing the Settlement Agreement of January 19, 2006 in order to
conform to the requirements of the conditions of the Waiver which was granted by the City
Commission pursuant to Resolution No. 2006-08 (the "Waiver Resolution"), as adopted by the
City Commission on February 2, 2006.
Background:
Pursuant to Section 2 of the Waiver Resolution, the Developer is required to prepare and present
to the City Manager an alternative building layout design, for acceptance and approval at the
City Commission's discretion, which provides for not more than four hundred sixty (460)
dwelling units, but which includes a reconfiguration of the residential tower to a tower building
width which is generally not to exceed four hundred (400') feet, and to a height not to exceed
thirty five (35) stories. The enclosed proposed Amendment to Agreement revises and
supplements the Settlement Agreement in order to conform to that requirement.
The alternative building layout design shall be considered by the City Commission at the April 4,
2006 regular Commission meeting or at a special City Commission meeting which is otherwise
scheduled. The consideration of the above-described alternate building layout design shall
constitute a quasi judicial decision of the City Commission. Accordingly, the City Commission
does not in any way commit itself to approve the alternate building layout design, by the
approval of the Amendment to Agreement, but instead simply agrees to process and consider the
alternate building layout design in accordance with the applicable requirements of law. The
decision to grant or deny the approval of the alternate building layout design shall be based
solely upon the substantial competent evidence presented during the course of the quasi judicial
proceedings in accordance with Section 34-31 of the City Code.
The Amendment to Agreement is beneficial in that, if ultimately implemented, it provides for a
substantial reduction in the width of the tower building from the nine hundred (900') feet width
which was previously presented with the initial Waiver Application to a width which is generally
not to exceed four hundred (400') feet.
If you have any questions, please feel free to contact me.
FIRST AMENDMENT TO
SETTLEMENT AGREEMENT
SHEFAOR/TARRAGON, LLLP, a Florida Limited Liability Limited Partnership (the
"Developer") with joinder by A VENTURA TARRAGON GP, LLC, a Florida Limited Liability
Company, AVENTURA TARRAGON LP, LLC, a Florida Limited Liability Company,
SHEFAOR BH, LLC, a Florida Limited Liability Company, TARRAGON SOUTH
DEVELOPMENT CORP., a Nevada corporation, (collectively and individually referred to
herein as the "Joining Parties"), and the CITY OF A VENTURA, FLORIDA, a Florida municipal
corporation (the "City"), hereby enter into this First Amendment to Settlement Agreement (the
"Amendment to Agreement"), effective as of February 3, 2006, as follows:
RECITALS
(A) Developer, City and the Joining Parties entered into the initial Settlement
Agreement (the "Agreement") on January 19, 2006, and now desire to amend the Agreement as
provided herein, so that the Agreement will conform to Resolution No. 2006-08 (the "Waiver
Resolution"), as adopted by the City Commission on February 2, 2006.
(B) The Waiver Application of Developer was granted by the City Commission,
subject to certain conditions stated in Section 2 of the Waiver Resolution.
(C) This Amendment to Agreement amends and supplements the Agreement in order
to conform to the conditions of the Waiver Resolution, as provided herein.
(D) All terms utilized herein which are defined in the Agreement shall have the
meaning as set forth in the Agreement unless otherwise stated.
(E) The Agreement and this Amendment to Agreement, together constitute the
Amended Agreement, and the Amendment to Agreement shall be deemed to be incorporated
into, and to form an integral part of said Agreement and Amended Agreement for all purposes
thereof.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE
GOOD AND VALUABLE CONSIDERATION WHICH EACH PARTY
ACKNOWLEDGES TO HAVE BEEN RECEIVED FROM THE OTHER, THE CITY
AND DEVELOPER, WITH JOINDER BY EACH OF THE ENTITIES DESCRIBED AS
THE JOINING PARTIES IN PARAGRAPHS (A)(3) OF THE AGREEMENT, HEREBY
FURTHER AGREE AS FOLLOWS:
AMENDMENT OF SETTLEMENT AGREEMENT
I. Each of the foregoing Recitals is hereby adopted and incorporated herein as if set
forth verbatim.
II. The Agreement is hereby amended to read, as follows:
A. Paragraph 8 of the Agreement is hereby amended to read, in its entirety, as
follows:
8. (a) Except as otherwise provided by the conditions of the Waiver Resolution and by
paragraph 8(b) below, the single tower building (the "Tower") to be constructed at the
Development shall not exceed a height of twenty-eight (28) stories, but may reach an overall
height of not greater than three hundred fifteen (315') feet including all habitable spaces,
mechanical and other building equipment, apparatus and non-habitable spaces or architectural
features, so as to achieve a height which is compatible with development in the vicinity. It is
recognized that the twenty eighth (28th) story ofthe Tower may consist of penthouse units which
may each have a two level floor plan. Further, it is recognized that other stories of the Tower
may have units which have a two level floor plan.
2
(b) Notwithstanding the provisions of paragraph 8(a) above, in accordance with the
requirement of Section 2 of the Waiver Resolution, Developer shall prepare and present to the
City Manager an alternative building layout design, for acceptance and approval at the City
Commission's discretion, which provides for not more than four hundred sixty (460) dwelling
units, but which includes a reconfiguration of the residential Tower to a Tower building width
which is generally not to exceed four hundred (400) feet and to a height not to exceed thirty five
(35) stories. If the City Commission approves said alternate building layout design, the Tower
building shall be constructed to a width and height which comply with such City Commission
approval. In the event that the City Commission approves said alternate building layout design,
it is recognized that the top residential story of the Tower may consist of penthouse units which
may each have a two level floor plan. Further, it is likewise recognized that other stories of the
Tower may have units which have a two level floor plan.
(c) The parties recognize that the City Commission's consideration of, and decision
pertaining to, the alternate building layout design in accordance with the conditions of Section 2
of the Waiver Resolution, as described in paragraph 8(b) above, constitutes a quasi judicial
hearing and decision of the City Commission, and that accordingly, the City Commission does
not hereby commit itself to approve or grant the approval of the alternate building layout design,
but instead simply agrees to process, consider, and make a decision upon said alternate building
layout design in accordance with the applicable requirements of law and pursuant to the City
Moratorium Ordinance criteria applicable to the Waiver Application, as such criteria (the
"Applicable Criteria") were applied in the adoption of the Waiver Resolution. The Applicable
Criteria shall be applied in a manner which is consistent with the provisions of Section 2 of the
Waiver Resolution. The decision to grant or deny the approval of the alternate building layout
3
design shall be based solely upon the substantial competent evidence presented during the course
of the quasi judicial proceedings pertaining to the alternate building layout design or designs
submitted pursuant to the conditions of the Waiver Resolution, and in accordance with Section
34-31 of the City Code. If approved, the alternate building layout design shall, for purposes of
this Amended Agreement, be deemed to be the same as the preliminary, or Waiver Application,
site plan referenced in the Agreement. Said alternate building layout design, if approved, shall,
within the limits of the Waiver Resolution and the Resolution approving the alternate building
layout design, be subject to the flexibility provided by Section 4(c) of the Agreement.
Accordingly, said approved alternate building layout design shall be entitled to expedited
processing as provided in the Agreement.
(8) Paragraph 9 of the Agreement is hereby amended to read, in its entirety, as
follows:
9. In the event that the Waiver Application is granted or approved (which, granting
or approval, for purposes of the entire Amended Agreement, includes the granting or approval of
an alternate building layout design, on which said grant or approval of Waiver is conditioned)
and becomes final and not subject to appeal or further appellate review, Developer agrees that it
shall not seek to obtain any conditional use approval under the City's recently adopted
amendments to the City's Land Development Regulations, as adopted by Ordinance No. 2006-
02, for the purpose of establishing a height or density which exceeds the height or density which
is expressly set forth in this Amended Agreement, the Waiver Resolution, or the alternate
building layout design which is approved by the City Commission, as applicable.
(C) Paragraph 25 of the Agreement is hereby amended by creating
subparagraph (d), to read as follows:
4
(d) Pursuant to Section 2 of the Waiver Resolution, if the City Commission
conducts a public hearing to consider, but does not approve the alternate building layout design
referenced in paragraph 8(b) above, within thirty days of submittal, the initial Tower design
which is set forth in the Waiver Application shall be further revised to meet the concerns of the
City Commission in applying the Applicable Criteria, and the initial Tower design, and
particularly the width thereof, shall not be used. Further, in the event that the Commission does
not approve said alternate building layout design, as described above, the Developer shall then
present additional alternate building layout designs (the "Further Tower Design") to the City
Commission, and the City Commission shall similarly review and make a decision upon the
Further Tower Design in accordance with the same time frame, Applicable Criteria, methods,
and procedures by which the initial alternative building layout design is considered and decided.
III. The parties agree that this Amendment to Agreement shall be rendered
binding only upon execntion by all ofthe parties hereto.
IV. The "Effective Date" of this Amendment to Agreement sball be February 3,
2006.
V. Except as amended by this Amendment to Agreement to form tbe Amended
Agreement, the initial Agreement shall remain in full force and effect.
[INTENTIONALLY LEFT BLANK]
5
STIPULATED AND AGREED BY:
SHEFAORlTARRAGON, LLLP,
a Florida limited liability limited
partnership
CITY OF A VENTURA, FLORIDA,
a Florida municipal corporation
By: Aventura Tarragon OP, LLC, a
Florida limited liability company,
its sole general partner
By:
Eric M. Soroka, City Manager
By: Tarragon South Development
Corp., a Nevada Corporation,
its sole member
By:
Print Name:
Title:
ATTEST:
By:
City Clerk
Pursuant to Resolution No. 2006-_
A VENTURA TARRAGON GP, LLC,
a Florida limited liability company
Approved as to form and legal sufficiency
for the use and reliance of the City of
Aventura only:
By: Tarragon South Development Corp.
a Nevada Corporation,
its sole member By:
City Attorney
By:
Print Name:
Title:
6
AVENTURA TARRAGON LP, LLC,
a Florida limited liability company
By: Tarragon South Development Corp.
a Nevada Corporation,
its sole member
By:
Print Name:
Title:
SHEFAOR BH, LLC,
a Florida limited liability company
By: Planinvest, Inc., a Florida corporation
co-manager
By:
Print Name:
Title:
By: Estate Field Group, Inc., a Florida
corporation, co-manager
By:
Print Name:
Title:
TARRAGON SOUTH DEVELOPMENT CORP.,
a Nevada corporation
By:
Print Name:
Title:
7
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, APPROVING FIRST
AMENDMENT TO SETTLEMENT AGREEMENT
BETWEEN SHEFAORlTARRAGON, LLLP, AND THE
CITY OF AVENTURA, CONCERNING 8.77 ACRE ,j,
PARCEL OF LAND LOCATED AT 17900 NORTHEAST
31ST COURT IN THE CITY OF A VENTURA,
COMMONLY KNOWN AS THE LINCOLN POINTE
PROPERTY; AUTHORIZING EXECUTION OF FIRST
AMENDMENT TO SETTLEMENT AGREEMENT;
AUTHORIZING IMPLEMENTATION OF FIRST
AMENDMENT TO SETTLEMENT AGREEMENT;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, upon the recommendation
of the City Manager and City Attorney, finds that approval of the First Amendment to the
Settlement Agreement (the "Amendment to Agreement") between Shefaor/Tarragon, LLLP
and the City of A ventura, is in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recital. That the above stated recital is hereby confirmed and adopted.
Section 2.
Amendment to Aereement Avvroved.
That the Amendment to
Agreement, in substantially the form attached hereto, between Shefaor/Tarragon, LLLP and
the City of A ventura, is hereby approved, and the City Manager is hereby authorized to
Resolution No. 2006-
Page 2
execute the Amendment to Agreement on behalf of the City of A ventura, once approved by the
City Attorney as to form and legal sufficiency.
Section 3.
Implementation.
That the City Manager and City Attorney are
hereby authorized to take any and all actions which are necessary to fully implement and
effectuate this Resolution and the Amendment to Agreement.
Effective Date. That this Resolution shall become effective immediately
Section 4.
upon adoption hereof.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbilez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
2
Resolution No. 2006-
Page 3
PASSED AND ADOPTED this 7th day of March, 2006.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
3
RESOLUTION NO. 2006-08
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, CONCERNING
MORATORIUM WAIVER APPLICATION OF
SHEFAORlTARRAGON, LLLP, PERTAINING TO
LINCOLN POINTE PROPERTY CONSISTING OF 8.77 :l:
ACRES LOCATED AT 17900 NORTHEAST 31ST COURT
IN THE CITY OF A VENTURA; 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
WHEREAS, pursuant Section 3 of Ordinance No. 2005-07 (the "Moratorium
Ordinance") Shefaor/Tarragon, LLLP (the "Owner" or "Applicant") has applied for a waiver of
the Moratorium Ordinance (the "Waiver") in order to permit redevelopment of Lincoln Pointe
.
(the "Property"), approximately 8.77 acres located at 17900 N.E. 31 st Court, A ventura; and
WHEREAS, following proper notice, the City Commission has held a public hearing on
the Waiver Application, as provided by the Moratorium Ordinance and the City's Land
Development Regulations; and
WHEREAS, the City Commission hereby finds that the grant of the Waiver is consistent
with the Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission, in accordance with the procedures and criteria
provided by Section 3 "Waivers" of the Moratorium Ordinance, hereby finds and determines that
the criteria of Section 3 of the Moratorium Ordinance have been met by the Applicant, to the
extent that the Waiver is granted herein.
Resolution No. 2006-08
Page 2
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Waiver Granted. That pursuant to Section 3 of the Moratorium Ordinance,
the application for Waiver is hereby granted for the Property which is described on Exhibit "A"
attached hereto, subject to the condition that the redevelopment shall be accomplished in
accordance with the obligations and conditions which have been imposed upon Applicant, in the
event of this Waiver being granted, pursuant to the Applicant-City Settlement Agreement of
January 19, 2006, and subject to the condition that the Applicant shall prepare and present to the
City Manager on or before March 15, 2006, an alternative building layout design, for acceptance
.
and approval at the City Commission's discretion, which provides for not more than four hundred
sixty (460) dwelling units, as authorized herein, but which includes a reconfiguration of the
residential Tower to a Tower building width which is generally not to exceed 400 feet and to a
height not to exceed thirty five (35) stories. If the Commission does not approve said alternate
building layout design within thirty (30) days of submittal, the initial Tower design which is set
forth in the Waiver Application shall be further revised to meet the concerns of the City
Commission and the initial Tower design of approximately 900 feet in width shall not be used.
In considering said alternative building layout design for the purpose of determining whether the
above-described reconfiguration should be approved, the City Commission shall utilize the
public hearing procedures which are provided by Section 31-71 of the City Code, and shall make
2
Resolution No. 2006-08
Page 3
said determination by subsequent Resolution of the City Commission. The subsequent
Resolution of the City Commission shall not exceed the scope of the purpose of the
consideration of the alternative building layout design.
Section 3. ImDlementation. "That the City Manager is hereby authorized to cause the
issuance of permits in accordance with the approvals and conditions herein provided, and
pursuant to the City's Land Development Regulations in effect and applicable as of the date of
this resolution without the application of the moratorium, and to indicate such approvals and
conditions upon the records of the City, and to take any action which is necessary to implement
this Resolution.
Section 4. Effective Date. "That this Resolution shall become effective immediately
upon adoption hereof.
.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its adoption.
The motion was seconded by Vice Mayor Joel, 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 Urhaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
~
yes
yes
~
yes
yes
no
3
Resolution No. 2006-08
Page 4
PASSED AND ADOPTED this 2nd daYrJOO~
.__.t (U.. . Susan Gottlieb, Mayor
A
~Vl !~l _ n~\ 0
("Teresa. M. Soro~ MMC ,(
..~ Clerk \J
Approved as to Form and Legal S)1lliciency:
City':;::!;/~ ~
rk this 3rd day of February 2006.
( \
.. I
\...J
4
.
_......__._..._..... _.____________________0._
o
o
EXHIBIT A
LEGAL DESCRIPnON
o
Tract D of ADMIRAL'S PORT SECTION ONE, according to the plat thereof, recorded in
Plat Book 113, Page 51, Public Records of Miami-Dade County, Florida.
o
o
,~
'0
.
o
o
o
o
o
SETTLEMENT AGREEMENT
SHEFAORlTARRAGON, LLLP, a Florida Limited Liability Limited Partnership (the
"Developer") with joinder by AVENTURA TARRAGON GP, LLC, a Florida Limited Liability
Company, AVENTURA TARRAGON LP, LLC, a Florida Limited Liability Company,
SHEFAOR BH, LLC, a Florida Limited Liability Company, TARRAGON SOUTH
DEVELOPMENT CORP., a Nevada corporation, (collectively and individually referred to
herein as the "Joining Parties"), and the CITY OF A VENTURA, FLORIDA, a Florida municipal
corporation (the "City"), hereby enter into this Settlement Agreement (the "Agreement"),
effective as of January 19,2006, as follows:
RECITALS
(A)
(B) below.
I.
Developer is the owner of the Property which is described in paragraph
2.
3.
City is a duly organized Florida municipal corporation.
The Joining Parties are each an entity which is listed and included herein
.
as a signatory to this Agreement for the purpose of binding that entity to the provisions of
paragraph 13 herein.
(B) Developer is the current fee simple owner oftitle in and to that certain 8.77 acre '"
parcel located at 17900 Northeast 31st Court, in the City of Aventura, Florida, which parcel is
currently developed as an 285 unit apartment complex built in 1991, commonly referred to as
"Lincoln Pointe", and is described on Exhibit "A", a copy of which is attached hereto and by this
reference is made a part hereof (the "Property");
/2~4/ f. ~
(C) The City has zoning jurisdiction over lands in the City, including the Property;
(D) The Property is zoned RMF4 undef Section 31-143 of the City's Land
Development Regulations (the "LOR");
(E) Pursuant to Ordinance Number 2005-07 (the "Moratorium Ordinance") as
adopted by the City Commission on June 7, 2005, the Developer has been temporarily unable to
redevelop the Property from its current composition of apartment buildings into a multi-family
condominium and townhouse community pursuant to the existing RMF4 zoning;
(F) Pursuant to the Moratorium Ordinance, Developer sought to demonstrate that it
possessed the vested rights to redevelop the Property during the pendency of the moratorium
pursuant to the vested rights provisions of the Moratorium Ordinance;
(G) Pursuant to Resolution Number 2005-48, the City Commission, after a public
hearing, denied the vested rights application of Developer;
(H) On October 7, 2005, Developer filed a Petition for Writ of Certiorari seeking to
challenge Resolution Number 2005-48 pursuant to Certiorari proceedings styled as
Shefaor/Tarragon, LLLP vs. City of Aventura, Florida, Case No. 05-392-AP, in the Appellate
Division of the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County,
Florida (the "Appellate Litigation"). Further, pursuant to action filed in Circuit Court of the
Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, Case No. 05-20125 CA 06,
styled as Shefaor/Tarragon, LLLP vs. City of Aventura, et al., (the "Original Litigation")
Developer filed a complaint seeking to overturn Resolution No. 2005-48, and sought to establish
its vested rights to redevelopment of the property with a building consisting of five hundred
twenty six (526) units and forty (40) stories in height (collectively, the "Litigation");
2
/2z:,qIv
(I) The Appellate Litigation has been stayed by the Court pending resolution of the
Original Litigation;
(J) The City has responded to the complaint in the Original Litigation by seeking its
dismissal;
(K) The Developer and City believe that the Litigation, in all likelihood, would be
highly contested, fact intensive and costly;
(L) In an effort to reach an amicable resolution of the Litigation, Developer and the
City have participated in settlement negotiations in an effort to establish a framework for the
potential resolution of any and all claims and defenses raised or which might be raised in the
Litigation;
(M) The signatories to this Agreement represent and warrant to each other that they
have the full power and authority of their principals to execute and perform their respective
obligations under this Agreement and, where appropriate, have obtained the requisite autholrity to
enter into this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE
GOOD AND VALUABLE CONSIDERATION WHICH EACH PARTY
ACKNOWLEDGES TO HAVE BEEN RECEIVED FROM THE OTHER, THE CITY
AND DEVELOPER, WITH JOINDER BY EACH OF THE ENTITIES DESCRIBED AS
THE JOINING PARTIES IN PARAGRAPHS (A)(3) ABOVE, HEREBY AGREE AS
FOLLOWS:
TERMS OF SETTLEMENT
I. Each of the above-stated Recitals is hereby adopted and confirmed.
3
/Zz/"/f f/
2.
(a)
Developer shall, in accordance with Section 3 "Waivers" of the
Moratorium Ordinance, file a waiver application (the "Waiver Application") with the City, in
order to enable the Developer to be authorized to implement the redevelopment described in
paragraphs 7 and 8 herein, subject to the approval of the Waiver Application by City
Commission.
(b) Developer recognizes that in order for the Waiver Application to be
granted, substantial competent evidence must be presented to the City Commission which
demonstrates that the specific use or activity requested by the Waiver Application will not
detrimentally affect the preparation and implementation of the Growth Management Regulations
(as defined in the Moratorium Ordinance), will be compatible with surrounding land uses, and
will not impair the public health, safety or welfare.
3. The parties recognize that the consideration of the Waiver Application for a
waiver of the provisions of the temporary moratorium, as established by the Moratorium
Ordinance, constitutes a quasi judicial action and decision of the City Commission, and that
accordingly, the City Commission does not hereby commit itself to approve or grant the Waiver
Application, but instead simply agrees to process and consider said Waiver Application in
accordance with the applicable requirements of law as provided by the City Moratorium
Ordinance criteria pertaining to the grant or denial of a Waiver Application. The decision to
grant or deny the Waiver Application shall be based solely upon the substantial competent
evidence presented during the course of the quasi judicial proceedings in accordance with
Section 34-31 of the City Code.
4. (a) In the event that the Waiver Application is granted by the City
Commission, the City shall provide for site plan and building permit plan review by the City on
4
/J'Z~f V
an expedited basis at no additional supplemental charge to Developer. This shall not impair or
waive the normal site plan review fees and building permit plan review and inspection fees, but
shall solely waive the special charge which is generally imposed for expedited review by the
City. Further, in the event that the Waiver Application is granted, City commits itself to
expeditiously process, consider, and issue decisions regarding any necessary additional City
approvals, in accordance with law.
(b) Further, in the event that the Waiver Application is approved by the City
Commission, all requests for, and issuance of, City development approvals shall be in
accordance with the City's Land Development Regulations in effect at the time of the filing of
the Waiver Application.
(c) In the event that the Waiver Application is approved by the City
Commission, it is recognized that the preliminary site plan submitted in connection with the
Waiver Application is necessarily conceptual, subject to additional detail being provitled by
Developer and to Developer's right to make revisions, and that the Waiver Application site plan
reflects development that, if the Waiver Application is granted, is permissible in accordance with
the City's land development regulations which will be applicable as specified in this Agreement.
Accordingly, if the Waiver Application is granted, the City agrees that in reviewing subsequent
revisions to the preliminary site plan and the details thereof, the Developer shall be allowed
reasonable flexibility within the parameters of the applicable land development regulations
which are specified herein, and that the City shall process all applications which are aimed at
finalizing the site plan in an expedited manner without supplemental charges for expedited
review. However, nothing in this paragraph (c) shall be construed in any manner which enables
5
-.,-......-
/2Z:,R/f V
Developer to exceed the building height and number of dwelling units which are expressly stated
in this Agreement.
5. Upon final approval, if any, of the Waiver Application by the City Commission,
so that the redevelopment of the Property may occur in accordance with the provisions described
herein, the ordinances of the City, and applicable law, and following the expiration of the time
for an appeal from the grant of the Waiver Application by any interested party (or, if an appeal or
other contest is pursued, upon the final disposition thereof), the Developer and the City shall file
a joint motion for a further stay of the Appellate Litigation pending the issuance, in accordance
with law, of a City building permit for the foundation of the Tower. Upon the granting of the
further stay, the Developer shall file a Notice of Dismissal of the Original Litigation without
prejudice. Except as specified in paragraph 12, each party agrees to bear its own attorney's fees
and costs. Upon issuance of the City building permit for the foundation of the Tower, the
Developer shall file a Notice of Dismissal of the Appellate Litigation, with prejudice. Each party
agrees to bear its own attorney's fees and costs, except as specified in paragraph 12. The term
"appeal" as used in this Agreement includes certiorari and other appellate judicial review.
6. In the event that the Waiver Application is not granted, or in the event that the
Waiver Application is granted but does not become final because of adverse court action, the
parties shall be permitted to pursue any rights and remedies they possess, unless otherwise
specified herein.
7. The redevelopment of Lincoln Pointe (the "Development") to be constructed shall
not exceed four hundred sixty (460) dwelling units of which number a total of at least forty four
(44) shall be townhouse units. None of the townhouse units shall be located in the four hundred
sixteen (416) unit Tower unless directly accessible from an exterior, non-lobby of Tower
6
Kz:#rw
entrance. Townhouses also may be situated abutting the outside of the base or lower levels of
the Tower (and be directly accessible from an exterior, non-lobby of Tower entrance) or as an
adjunct of the parking garage, but not as free-standing buildings. All of the aforementioned
townhouse units, whether or not within the Tower, may each have up to a three level floor plan.
8. The single tower building (the "Tower") to be constructed at the Development
shall not exceed a height of twenty-eight (28) stories, but may reach an overall height of not
greater than three hundred fifteen (315') feet including all habitable spaces, mechanical and other
building equipment, apparatus and non-habitable spaces or architectural features, so as to achieve
a height which is compatible with development in the vicinity. 1t is recognized that the twenty
eighth (28th) story of the Tower may consist of penthouse units which may each have a two level
flOOf plan. Further, it is recognized that othef stories of the Tower may have units which have a
two level floor plan.
9. In the event that the Waiver Application is granted and becomes final and not
subject to appeal or further appellate review, Developer agrees that it shall not seek to obtain any
conditional use approval under the City's presently pending amendments to the City's Land
Development Regulations, in the event of the adoption of said pending amendments to the Land
Development Regulations, for the purpose of establishing a height or density which exceeds the
height and density which is expressly set forth in this Agreement.
10. (a) In order to facilitate the acquisition of the necessary rights, right of way, or land
from the owners of that certain one-half (1/2) acre :l: of property (the "Easement Area"), as
described on Exhibit "B", a copy of which is attached hereto and incorporated herein, the City
shall diligently utilize its good faith reasonable efforts to obtain the right to enable the Easement
Area to be converted to a public road and to be improved as described in paragraph II below.
7
/2Z/~fl/
(b) This obligation of the City, as described in paragraph ID(a) above, shall be
subject to the condition precedent that the Developer first deposits with the City, pursuant to an
escrow agreement which is approved by the City Attorney and Developer's Attorney, the sum of
One Hundred Thousand ($100,000.00) Dollars with a mutually agreeable local escrow agent, to
be utilized by the City for obtaining any necessary City interest in the Easement Area.
(c) Developer shall, at no charge to City, convey any of its interests in the Easement
Area to City to the extent necessary to establish a public road once all other necessary interests
are obtained by City. The instrument of conveyance used by Developer may provide for a
reversion of Developer's interest if the Improvements described in paragraph 11 are not
implemented and completed by City in accordance with this Agreement.
(d) In the event that it is not necessary for the City to utilize all of these escrow
funds for such purpose, City shall utilize the escrow funds for the benefit of the Media Center at
City's Charter School. .
11. (a) Developer shall diligently pursue, and shall use its reasonable good faith
efforts to obtain, any and all necessary governmental approvals (the "Approvals"), including but
net limited to the approval of the Miami-Dade County DERM, for the upgrade and improvement
(the "Improvements") to the Easement Area so as to facilitate the service of the Easement Area
as the access road for the Development and for other existing developments in the vicinity. The
Improvements shall include widening of the road surface, installation of lighting, upgrade of
drainage, installation of a sidewalk and safety barriers as may be required, any necessary
modification of the DERM wetland conservation easement, all as described in the preliminary
plan (the "Plan"), a copy of which is attached hereto as Exhibit "C" and incorporated herein,
subject to the City Manager's and DERM's approval of the final Plan. The Approvals shall be
8
~ Z/<:j/r V
sought by Developer for a period of no less than two hundred seventy (270) days following the
date that the Waiver approval becomes final and is no longer subject to appeal or further
appellate review. The City shall cooperate with the efforts of Developer in obtaining the
necessary Approvals.
(b) If the Easement Area is obtained by City and the Approvals are obtained by
Developer, the Improvements shall be implemented at the sole reasonable cost and expense of
Developer by City's construction of the Improvements prior to the issuance of a Final Certificate
of Occupancy for the Development. Alternatively, by mutual written agreement, Developer and
City, acting through the City Manager, may provide for the Improvements to be constructed
directly by Developer through Developer's contractors, pursuant to the final Plan. Developer
shall be responsible to provide, at its sole cost and expense, all design, planning, surveying and
engineering work for the Improvements. In the event that the Waiver Application is granted, the
.
City shall not take any action concerning the acquisition of the Easement Area or the
implementation of the Improvements of the Easement Area which would cause the authorized
Development of the Property not to comply with all applicable City codes, rules or regulations.
(c) In order to secure its commitments hereunder concerning the Improvements,
Developer shall provide to City a letter of credit for the benefit of the City in an amount which is
not less than Three Hundred Fifty Thousand ($350,000.00) Dollars. Developer shall be
responsible for any reasonable additional cost which is necessary to implement the
Improvements in accordance with the final Plan. In the event that the reasonable costs of the
Improvements exceed Three Hundred Fifty Thousand ($350,000.00) Dollars, the Developer shall
increase the Letter of Credit to include said costs. Upon completion of the Improvements and
the fulfillment of Developer's obligation to fund the Improvements or in the event, consistent
9
/t~f V
with this Agreement, the Improvements are not constructed, the Letter of Credit shall termin\lte,
and that fact shall not interfere with Developer's ability to obtain all Development approvals.
(d) In the event that the Approvals are not obtained by Developer, the City shall, at
the City Manager's discretion, still be authorized to draw upon the letter of credit in an amount
not to exceed City's reasonable cost in accomplishing the Improvements, up to the full Three
Hundred Fifty Thousand ($350,000.00) Dollar limit of the letter of credit upon City obtaining the
Approvals within two (2) years after the grant of the Waiver or after the Waiver becomes final
and no longer subject to any appeal or appellate review proceedings.
(e) The form of the letter of credit shall be subject to approval by the City
Attorney and Developer's attorney and shall have a term of not less than three (3) years or for
three (3) years with renewals. The letter of credit shall be provided by Developer to City as a
condition precedent to the issuance of any City building permit for the Development.
.
12. As a condition precedent to the issuance of any building permit for the
Development, Developer shall contribute an additional sum of One Hundred Fifty Thousand
($150,000.00) Dollars to the City. This contribution shall be utilized by the City for the purpose
of City transit system improvements (including enhancement of shuttle bus services or off-set of
cost of operation of the shuttle bus service of the City), and reimbursement of the City's legal
fees related to the Litigation.
13. Effective upon issuance ofa City building permit for the foundation of the Tower,
Developer and each of the Joining Parties shall execute and deliver to City releases waiving and
relinquishing any and all causes of action or claims against the City and City's officers (whether
elected or appointed), agents, employees and Commissioners, which in any way arises out of or
pertains to the Litigation or to the moratorium, or to the zoning, land use or other development
10
/2;!//f ~ ,
status of the Property. Further, in the event that the Original Litigation is dismissed as provided
in paragraph 5, but that Developer, notwithstanding City's compliance with City's obligations
pursuant to this Agreement, fails to diligently apply for or determines not to apply for a City
building permit for the foundation of the Tower on or before a date which is one hundred eighty
(180) days after the dismissal of the Original Litigation, because of a change of Developer's
plans, a change of circumstances or otherwise, (Developer not being obligated by this Agreement
to apply for a building permit for the foundation of the Tower within any specific time),
Developer and each of the Joining Parties shall still be obligated to execute and deliver to City
the releases described above upon written demand by the City, and Developer shall at that time
provide for dismissal of the Appellate Litigation, with prejudice. Each party agrees to bear its
own attorney's fees and costs related to such Appellate Litigation, except as specified in
paragraph 12. However, the City Manager may approve an extension of the one hundred eighty
(180) day time period which is stated above in this paragraph 13, upon demonstration of good
cause. The extension approval shall not be unreasonably withheld by the City Manager. The
form of the releases shall be drafted by the City Attorney, consistent with this Agreement, and
shall be subject to the review and approval of the Developer's attorney. The Developer's
attorney's review and approval of the releases shall not be unreasonably withheld or delayed.
Notwithstanding any other provision of this Agreement, the releases shall not pertain to any
rights under this Agreement or to matters occurring after the effective date hereof.
14. The City recognizes that at the quasi judicial hearing on the Waiver Application,
it shall not generally be permissible for the City to seek to obtain additional concessions from
Developer, beyond those set forth in this Agreement, but that instead, at such hearing, the City
Commission shall simply determine, in accordance with the criteria of Section 3 of the
II
/2 Z/C/ r lrvt
Moratorium Ordinance, whether to grant or deny the Waiver Application. This shall not be
construed in any manner which is contrary to paragraphs (2) and (3) of this Agreement or in any
manner which is prohibited by law.
15. This Agreement is a product of settlement negotiations. No evidence of the
actions proposed herein, including any presentations in any public forum related to the approval
and implementation of these terms and conditions, shall be admissible by either party on the
merits of the claims in the Litigation. However, this shall not prevent or preclude any of the
parties herein from utilizing this Agreement and the record of the public hearing conducted on
the Waiver Application envisioned herein in any challenge to or defense of the decision made or
actions taken upon said Waiver Application by the City Commission or claim or defense
pertaining thereto, or in providing the Courts with a status report or explanation of delays in the
Litigation, or in addressing the issue of exhaustion of administrative remedies. The intent of this
paragraph is to avoid the use of this Agreement as an admission against the interest of ~ party
hereto and not to foreclose any claim or defense that may arise subsequent to the effective date
of this Agreement.
16. (a) This Agreement, and any of the specific items, covenants, and conditions
contained herein, may not be waived, changed, altered or modified except by an instrument in
writing signed by all the parties against whom enforcement of such change is sought. The City
Manager shall be authorized to act for the Cit~ in the implementation of subparagraphs (a) and
(b) of this paragraph 16 upon approval of the City Attorney as to the form and legal sufficiency
of such action by the City Manager.
(b) The parties recognize that by their nature certain paragraphs of this
Agreement shall only be applicable if the Waiver Application is granted, becomes final and is no
12
/20/1 ~
longer subject to appellate litigation or appellate review. The parties may, by supplemental
agreement, enumerate those provisions.
17. The parties agree that this Agreement shall be rendered binding only upon
execution by all of the parties hereto.
18. The "Effective Date" of this Agreement shall be January 19, 2006. The term of
this Agreement commences upon the effective date and ends upon completion of the
redevelopment provided for herein, unless otherwise stated.
19. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement
shall be prohibited or invalid undef applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this Agreement, provided that the material purposes of this
Agreement can be determined and effectuated. This severability provision shall not op~rate to
impair, limit Of affect any specific provisions of this Agreement that are expressly inter-
dependent.
20. This Agreement shall be binding on the parties and their successors or assigns.
The rights, benefits and detriments inuring to Developer under this Agfeement shall be freely
assignable at the sole election of Developer, and shall run with the Property.
21 This Agreement shall in all respects be construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed wholly within the State of
Florida. Venue for any litigation hereunder shall be in the Circuit Court of the Eleventh Judicial
tCircuit in and for Miami-Dade County, Florida.
13
lt~fV
22. This Agreement may be executed in any number of counterparts and by different
parties hereto in separate counterparts, each of which when so executed shall be deemed to be an
original and all of which taken together shall constitute one and the same Agreement. Delivery
of an executed counterpart of a signature page to this Agreement by facsimile shall be effective
as delivery of a manually executed counterpart of this Agreement.
23. This Agreement shall be deemed to have been jointly drafted by the parties, and in
construing and interpreting this Agreement, no provision shall be construed and interpreted for or
against any of the parties because such provision or any other provision of the Agreement as a
whole is purportedly prepared or requested by such party.
24. In the event that the City Commission, in accordance with the City Moratorium
Ordinance criteria, grants the Waiver Application, the parties hereto shall cooperate and work
together to defend the action of the City Commission in the event of any challenge by any other
person, firm or entity. Further, in such event, during the course of any such challenge to the City
Commission decision, Developer and the Joining Parties shall take no action to further pursue
the Litigation identified in Recitals paragraph (H) above, prior to the [mal adjudication of any
such challenge, unless compelled to do so by court order.
25. (a)
(b)
Time is of the essence of this Agreement.
Developer shall file the Waiver Application with City on or before
Monday, January 23, 2006.
( c) City agrees to hold a quasi judicial hearing and reach a decision upon the
Waiver Application no later than Midnight, Thursday, February 2, 2006, and to issue a written
decision to be rendered no later than on Friday, February 3, 2006.
14
~o/9V
STIPULATED AND AGREED BY:
SHEFAORlTARRAGON, LLLP,
a Florida limited liability limited
partnership
By: Aventura Tarragon GP, LLC, a
Florida limited liability company,
its sole general partner
By: Tarragon South Development
Corp., a Nevada corporation,
its e member
by:
A VENTURA TARRAGON GP, LLC,
a Florida limited liability company
By: Tarragon South Development Corp.,
a Nevada corporation, its sole
m i member
A VENTURA TARRAGON LP, LLC,
a Florida limited liability company
By: Tarragon South Development Corp., a
Nevada corporation, its sole managing
me be
CITY OF A VENTURA, FLORIDA,
a Florida municipal corporation
By:
/;
Purs
-07
Approved as to form and legal sufficiency
for the use and reliance of the City of
Aventura only: / Il 1 j /'
By: ~ ~ ~~
City Attorney
.
15
ItZ//r! V
SHEFAOR BH, LLC,
a Florida limited liability company
By: Plainvest, Inc., a Florida corporation
co-manager
By:
Print:
Title:
By: Estate Field Group, Inc., a Florida
corporation, co-manager
By:
Print:
Title:
TARRAGON SOUTH DEVELOPMENT CORP., a
Nevada c 0 ation
.
F:J328.058/Lincoln Painte Settlement DocumentslFinal Version of Settlement Agreement 1.25.06
16
Rv/flV
SHEFAOR BH, LLC,
a Florida limited liability company
VLan'Me ~r.
By: ~~ Inc., a Florida corporation
co-manager
By:
Print:
Title:
tV
By: Estate Field Group, Inc., a lorida
corporation, co-m ge
By:
Print:
Title:
TARRAGON SOUTH DEVELOPMENT CORP., a
Nevada co or tion
By:
.
F:I328.0S8JLincoln Painte Settlement DocumentsIFinal Version of Settlement Agreement 1.25.06
16 ^
dW f (;'\
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, I
City Manager
TO: City Commission
BY: Joanne Carr, AIC
Planning Director
DATE: February 24, 2006
SUBJECT: Request of Hi Lift Marina for (1) Conditional Use approval to permit
construction of a new marina and dry dock boat storage building with a
height of 122 feet in the TC2, Town Center Marine District, where a
maximum height of 4 stories or 50 feet is permitted by Code; (2) Variance
from Section 31-145(c)(10) of the City's Land Development Regulations to
permit a development with a view corridor of 15 feet, where a 66.76 foot
view corridor is required by Code; (3) Variance from Section 31-221 (i)(2)
of the City's Land Development Regulations to permit a buffer strip of 5',
where a minimum 7' buffer strip is required by Code; and (4) Variance
from Section 31-171 (a)(7) of the City's Land Development Regulations to
permit a parking setback of 0', where a minimum 10' parking setback is
required by Code; all for property located at 2890 NE 18th Street,
Aventura (03-CU-05 and 01-VAR-06)
March 7, 2006 City Commission Meeting Agenda Item t"
RECOMMENDATION
It is recommended that the City Commission:
1. Deny the request for Conditional Use approval to allow a 122 foot tall marina
and dry dock boat storage building in the TC2 zoning district as it does not meet
the standards for review in Section 31-73(c) of the City's Land Development
Regulations for approval of conditional uses.
2. Approve the request for Variance from Section 31-145(c)(10) of the City's Land
Development Regulations to permit a 15 foot view corridor where a 66.67 foot
view corridor is required by Code, and
3. Approve the request for Variance from Section 31-221 (i)(2) of the City's Land
Development Regulations to permit a buffer strip of 5', where a minimum 7'
buffer is required by Code, and
4. Deny the request for Variance from Section 31-171(a)(7) of the City's Land
Development Regulations to permit a parking setback of 0', where a minimum
10' parking setback is required by Code.
THE REQUEST
The applicant, Hi Lift Marina, LLC, is requesting the following:
1. Conditional Use approval to permit construction of a new marina and dry dock
boat storage building with a height of 122 feet in the TC2, Town Center Marine
District, where a maximum height of 4 stories or 50 feet is permitted by Code.
2. Variance from Section 31-145(c)(10) of the City's Land Development Regulations
to permit a development with a view corridor of 15 feet, where a 66.76 foot view
corridor is required by Code.
3. Variance from Section 31-221 (i)(2) of the City's Land Development Regulations
to permit a buffer strip of 5', where a minimum 7' buffer strip is required by Code.
4. Variance from Section 31-171(a)(7) of the City's Land Development Regulations
to permit a parking setback of 0', where a minimum 10' parking setback is
required by Code, for a proposed dry dock and marina facility on property located
at 2890 NE 18th Street, Aventura. (See Exhibit #1 for Letters of Intent and
Amended Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Hi Lift Marina, LLC
APPLICANT Hi Lift Marina, LLC
ADDRESS OF PROPERTY 2890 NE 18th Street
See Exhibit #2 for Location Plan
And Exhibit #3 for Aerial Photograph
LEGAL DESCRIPTION See Exhibit #4 for Legal Description
SIZE OF PROPERTY Approximately 3.05 acres total
Upland parcel 1.99 acres
Submerged parcel 1.06 acres
EXISTING ZONING TC2, Town Center Marine District
FUTURE LAND USE DESIGNATION Town Center
2
Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Use-
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
TC2
TC1
RMF3
TC2
B2
Town Center Marine District and
Town Center District
Multi-Family Medium Density Residential
Town Center Marine District
Community Business District
Dry Dock Boat Storage and Marina
Residential and retail uses
Residential uses
Water and Marine uses
Retail uses
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Town Center
Town Center
Medium High Density Residential
Water and Town Center
Business and Office
The Site - The subject site is located in the block bounded by NE 28th Court to the west,
a finger canal to the east, NE 187 Street to the north and an existing 3 story town home
condominium called Aventi to the south.
The Project - The applicant has submitted an application for administrative site plan
approval to develop a new marina and dry dock facility to replace the boat storage
facility that presently exists on the property. Color photographs of the existing facility
are appended to this report. The redevelopment application incorporates a new state of
the art computerized, indoor boat storage system with 240 dry slips and 22 wet slips in
a location that currently utilizes both outdoor and indoor space for boat storage and
repairs. The existing facility is approximately 55 feet high and contains a total of 262
slips. While there is no increase in the number of existing slips, the slip size is being
increased to accommodate larger boats. The proposed building is expanding
approximately 55 feet in width, which increases the existing ground level floor area of
39,600 square feet to 47,000 square feet and rising an additional 67 feet in height to
contain the computerized rack system, indoor parking and enclosure of the existing
outdoor storage area. Parking areas are proposed inside the building and in two
surface parking lots at the southwest corner and northeast corner of the site, connected
by an access drive. A 15 foot landscaped buffer is proposed at the south property limit
to screen the new building from the existing residential development.
3
ANALYSIS
Citizen Comments - The Community Development Department has received no written
citizen comments about this application.
Community Development Department Analysis - The property is located in the
TC2 (Town Center Marine) District. The permitted height in this zone is 4 stories or 50
feet. The applicant is requesting Conditional Use approval to permit a height of 122 feet
which is equivalent to 12 stories. The applicant is also requesting variances to allow a
reduced view corridor to the canal at the east limit, reduced buffer strips along the
perimeter of the building and reduced parking setback along the north side of the
property.
Reauest #1: Conditional Use aooroval to allow a 122 foot tall dry dock boat
storaae and marina buildina in the TC2 zonina district. where a where a
maximum heiaht of 4 stories or 50 feet is oermitted bv Code.
The plan proposes a building measuring 122 feet tall. The applicant advises that the
new building contains the same number of slips as the existing building which is 55 feet
tall. The additional height is required to install racks that store larger boats and to
enclose the existing outside storage racks.
Criteria
The guidelines for approval of conditional uses as required by Section 31-73(c) of the
City's Land Development Regulation states:
"General Standards of review. In addition to the standards set forth in these LDRs
for the particular use, all proposed conditional uses shall meet each of the following
standards:"
(a) The proposed use shall be consistent with the comprehensive plan.
The use is consistent with the City of Aventura Comprehensive Plan, which designates
the future land use category for this site as Town Center. The Town Center designation
states that the "...implementation of Town Centers may be directed through the
establishment of zoning and other land use regulations unique to each zone..." This
property lies within the TC2, Town Center Marine District, which allows the proposed
dry and wet boat storage, marine showroom and boat repair as permitted uses.
(b) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The redevelopment of the boat storage facility will bring the building up to current
Building Code standards which will enhance the safety of the general public. The
modernization of the existing facility will also benefit the public health, safety and
welfare by completely enclosing all of the operations that currently take place outside
4
and within full view of the current and future residential neighbors. By enclosing the
boat lifting, storage and repair operations, the noise associated with these activities will
be reduced. However, the location of the access drive with a 0 foot setback to the
public sidewalk on NE 187 Street will endanger the public safety.
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate
neighborhood. To the west are existing retail uses. To the east and south are
residential and water uses. To the north is Phase I of the proposed Town Center. The
marine character of the use is consistent with other uses on the water. Architecturally,
the proposed building will incorporate elements that are consistent with the neighboring
residential developments.
(d) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
service, or will be available concurrent with demand as provided for in the
requirements ofthese LDRs.
The redevelopment of the existing marina will not result in a change to the current level
of service required. The City's current levels of infrastructure and services are sufficient
to accommodate the proposed redevelopment.
(e) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures have been taken to provide ingress and egress to the proposed
use in a manner that minimizes traffic congestion in the public streets. Ingress and
egress is proposed to be an improvement over the current condition by reconfiguring
the on-site parking and driveway areas. While traffic will no longer be backing out onto
NE 187 Street as presently occurs, the interior site access drive proposed has a 0 foot
setback from the public sidewalk which is an unsafe condition.
(f) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
(g) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
5
The design and location of the proposed 122 foot tall boat storage facility does not
minimize adverse effects through its orientation, setbacks, buffers and landscaping and
other design criteria.
The application is to replace a building which is presently approximately the same
height as the condominium town homes immediately adjacent to the south with a
building that is more than twice as tall and 30% wider than the current building. While it
is desirable to enclose the existing outdoor storage and repair, upgrade the exterior of
the building, reconfigure parking and add a landscaped buffer along the south property
limit as proposed, the additional height requested along with the expanded width of the
building will result in a negative visual impact with a massive building on a small upland
parcel.
A 0' setback from the public sidewalk is proposed for the access drive on the north limit
of the site. This design does not minimize adverse effects. It results in an unsafe
condition for pedestrians.
The proposed height of the new HiLift Marina building, at 122 feet, is 13 feet taller than
the 109 foot tall Town Center Phase I residential building to the north. Other
neighboring building heights are:
(i) To the north, the Harbour Centre office building at 135 feet in height
(ii) To the south, 3-story condominium town homes
(iii) To the east, four 7-story, 90 foot tall residential buildings, two 11 story, 135 foot tall
residential buildings, a 30 foot tall marine storage building and a 48 foot tall public
storage building
(iii) To the west, one story retail buildings and proposed residential condominium
graduating in height from 160 feet to 184 feet tall, or 17 to 19 stories
For comparison, the following table shows the size of the proposed HiLift building in
relation to two existing buildings in the area.
Proposed HiLift Marina Harbour Centre Venture East
Office Buildinq Buildinq
Height 122 feet 135 feet 109 feet
Width 235 feet 189 feet 165 feet
Length 200 feet 109 feet 360 feet
Enclosed Ground
Floor Area 47,000 sq. ft. 20,600 sq. ft. 40,000 sq. ft*
The table shows that the proposed HiLift building is more than twice as large as the
Harbour Centre office building in ground floor area and 13 feet or 1 story lower. The
proposed HiLift building is 13 feet or 1 story taller than the Venture East building and
7,000 square feet or approximately 17.5% larger in enclosed ground floor area. 'The
40,000 square foot estimate for Venture East Building ground floor area excludes
approximately 20,000 square feet of outside pool and deck area.
6
- "T"...- ~
ReQuest #2: Variance from Section 31-145(c1l10l of the City's Land Development
ReQulations to permit a 15 foot view corridor where a 66.67 foot view corridor is
required bv Code.
A 66.76 foot wide corridor is required by Code based on the average of the two
frontages opposite the canal. The Code requires this corridor extend from the waterway
to the street most nearly parallel to the mean high tide line. For this particular property,
only 150 feet of its 436 foot length abuts the canal width. The Code requires a view
corridor either along the north or south limit of the site. Due to the unique shape of the
property, a view corridor at either of these locations results in a particular hardship upon
the owner. A view corridor at the south limit would impact approximately 50 feet or 25%
of the proposed building width of 200 feet. If the full corridor width of 66.76 feet was
constructed on the south limit of the property, the existing jog in the property line with
the neighboring Aventi condominium would result in a water view of only 12 feet. A
view corridor at the north limit would impact approximately 40 feet or 20% of the
proposed building width. The proposed plan shows a 15 foot view corridor along the
south limit which functions more as a building setback than a view corridor. To mitigate
this condition, the applicant has offered to construct a 10 foot wide public walkway along
the northeasterly property limit, designed similar to the walkway on NE 188 Street
properties with City standard bench, trash receptacle and bollard at the waterfront. This
will afford public access and view to the canal which is the intent of a view corridor and
will also allow future connection to the walkway on NE 188 Street.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
Due to the unusual shape of this property, the 66.76 foot wide view corridor
results in a particular hardship upon the owner.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
7
(3) The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LOR.
The applicant's difficulty is not economic in nature and has not been deliberately
created by the applicant.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity. The construction of
public access to the water along the northeasterly property limit will preserve the
public welfare.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or
increase the danger of fire or endanger the public safety.
Reauest #3: Variance from Section 31.221{i){21 of the Citv's Land Development
Reaulations to permit a buffer strip of 5', where a minimum 7' buffer is reauired
bv Code.
The Code requires a minimum of 7 foot wide buffer strips along the perimeter of all
vehicular use areas. The proposed plan shows 5 foot wide buffer strips occurring
between the building and the parking areas and drive aisles in the southwest corner and
along the north limit of the building. The 5 foot width is sufficient to allow required
landscaping.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
1. The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
inconvenience, ifthe regulations were carried out literally.
8
The unique shape of the property results in the hardship upon which the variance
is requested.
2. The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
3. The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure, which is not otherwise consistent with the
LOR.
The applicant's difficulty is not economic in nature and has not been deliberately
created by the applicant.
4. The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity. The proposed width of
buffer strip will allow installation of required plantings.
5. The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or
increase the danger of fire or endanger the public safety.
Reauest #4: Variance from Section 31-171(al/71 of the City's Land Development
Reaulations to permit a parkina setback of 0', where a minimum 10' parkina
setback is reauired bv Code.
The Code requires that the edge of all parking pavement and access roads shall be set
back a minimum of 10 feet from the right of way of all streets, with the setback
landscaped in accordance with the LDRs. The plan proposes a 0 foot setback between
the access drive and the public sidewalk on NE 187 Street for a distance of
approximately 50 feet of the total 170 foot length of the access drive. This variance
request is a result of a shift in the building 15 feet to the north to provide a buffer on the
south side for the neighboring residential property. The setback proposed will not
safeguard the public as there is no room to install a protective barrier between the
access drive and the public sidewalk in a 0 foot setback and will also not accommodate
any landscaping.
9
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met
1 The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
inconvenience, ifthe regulations were carried out literally.
The unique shape of the property results in the hardship upon which the variance
is requested.
2. The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
3. The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LOR.
The applicant's difficulty is not economic in nature and has not been deliberately
created by the applicant.
4. The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will be detrimental to the public welfare. Vehicles will
be driving through the site with no buffer to the public sidewalk.
5. The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or
increase the danger of fire but will endanger the public safety.
10
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03-CU-OS & 01-VAR-06
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Exhibit #3
03-CU-OS &. 01 V AR-06
Exhibit # 4
PARCEL A:
Commence at the Northeast corner of the NW ';" of the SE II.. of the SW II.. of Fractional
Section 3, Township 52, South, Range 42 East, Miami-Dade County, Florida; thence run
North 0039'25" West for a distance of 180.25 feet to a point; thence run North 89020'35"
East for a distance of 70 feet to a point on the East right-of-way line of N.E. 29th
Avenue; thence run South 0039'25" East along the East right-of-way line of N.E. 29th
Avenue for a distance of 49.74 feet to a point of beginning of the following described
parcel and the point of curvature of a curve concave to the Northwest; thence continue
along said curve, having for its elements a radius of 198.90 feet, a central angle of
90042'40", for an arc distance of314.90 feet to the point of tangency on the South right-
of-way line of N.E. 187th Street; thence run North 89056'45" West along said South
right-of-way line for a distance of 142.58 feet to a point; thence run South 0002'30" West
for a distance of 188.64 feet to a point of curvature of a curve concave to the Northeast;
thence run along the arc of said curve, having for its elements a radius of 30 feet, a
central angle of 45004'53" for a distance of23.60 feet to a point of reverse curve; thence
run along the arc of a curve concave to the Southwest, having for its elements a radius of
100 feet, a central angle of 21029"05" for a distance of 37.50 feet to point on said curve,
said point bearing North 66026' 42" East from the center of said curve; thence run South
89058'15" East for a distance of 297.03 feet to a point; thence run North 0039'25" West,
216.10 feet to a point; thence run North 88051' 54" East for a distance of 20 feet to a
point; thence run North 0039'25" West for a distance of 225.41 feet to the point of
beginning.
Together with the interest of grantors in that certain canal easement more specifically set
out in easement agreement executed by R.B. Gautier, Jr., individually and as Trustee,
joined by his wife, Frances Gautier, and Atlas Terminals of Florida, Inc., to North Dade
Acres, Inc., dated June 4, 1962, in Official Records Book 3185 Page 743, of the Public
Records of Miami-Dade County, Florida.
Subject, however, to the terms and conditions of that certain Covenant Running with the
land in favor of Metropolitan Dade County recorded in Official Records Book 13284,
Page 512, of the Public Records of Miami-Dade County, Florida.
PARCEL B (SUBMERGED LAND PARCEL):
A portion of Tract "C", ATLAS TERMINAL RESIDENTIAL, according to the Plat
thereof, as recorded in Plat Book 146, Page 18, of the Public Records of Miami-Dade
County, Florida, and being more particularly described as follows:
Begin at the Southwest corner of said Tract "C", thence N 00039'25" W along the West
line of said Tract "c" for 111.10 feet to the Northwest corner of said Tract "C", thence
North 88051 '54" E along the North line of said Tract "c" for 399.91 feet to a point on the
Southerly extension of the West line of Fortin, Leavy, Skiles, Inc., Drawing Number
2099D-179-8, dated February 2, 2004; thence South 00039'25" E along said Southerly
extension of the West line of Fortin, Leavy, Skiles, Inc., Drawing Number 2099D-179-8,
dated February 2, 2004, for 119.20 feet to a point on the South line of said Tract "C';
thence North 89058'26" W along said South line of Tract "c" for 399.93 feet to the Point
of Beginning.
03-CU-OS &. 01 VAR-06
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA CONCERNING
CONDITIONAL USE APPROVAL TO PERMIT THE
CONSTRUCTION OF A MARINA AND DRY DOCK BOAT
STORAGE BUILDING WITH A HEIGHT OF 122 FEET IN
THE TC2, TOWN CENTER MARINE DISTRICT, WHERE A
MAXIMUM HEIGHT OF 4 STORIES OR 50 FEET IS
PERMITTED BY CODE; VARIANCE FROM SECTION 31-
145(c)(10) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT A VIEW CORRIDOR OF 15
FEET WHERE A 66.76 FOOT VIEW CORRIDOR IS
REQUIRED BY CODE; VARIANCE FROM SECTION 31-
221(i)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT A BUFFER STRIP OF 5
FEET, WHERE A MINIMUM 7' WIDE BUFFER STRIP IS
REQUIRED BY CODE; AND VARIANCE FROM SECTION
31-171 (a)(7) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT A PARKING SETBACK OF 0
FEET WHERE A MINIMUM 10 FOOT PARKING SETBACK
IS REQUIRED BY CODE FOR PROPERTY LOCATED AT
2890 NE 187 STREET, CITY OF AVENTURA, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC2, Town Center Marine
District; and
WHEREAS, the Applicant, Hi Lift Marina LLC, through Application No. 03-CU-05,
has requested conditional use approval to permit the construction of a marina and dry
dock boat storage facility with a height of 122 feet, where a maximum height of 4 stories
or 50 feet are permitted by Code; and
WHEREAS, the applicant, Hi Lift Marina LLC, through Application No. 01-VAR-
06, has requested variance from Section 31-145(c)(10) of the City's Land Development
Regulations to permit a development with a view corridor of 15 feet, where a 66.76 foot
view corridor is required by Code; Variance from Section 31-221 (i)(2) of the City's Land
Development Regulations to permit a buffer strip of 5', where a minimum 7' buffer strip
Resolution No. 2006-_
Page 2
is required by Code and Variance from Section 31-171(a)(7) of the City's Land
Development Regulations to permit a parking setback of 0', where a minimum 10'
parking setback is required by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission has reviewed the application for conditional
use and finds that the conditional use requested does/does not1 meet the standards
for approval of conditional uses as set forth in Section 31-73(c) of the City's Land
Development Regulations; and
WHEREAS, the City Commission has reviewed the application for variance to
Section 31-145(c)(10) and finds that the variance requested does/does not1 meet the
standards for approval of variances as set forth in Section 31-76(e) of the City's Land
Development Regulations: and
WHEREAS, the City Commission has reviewed the application for variance to
Section 31-221(i)(2) and finds that the variance requested does/does not1 meet the
standards for approval of variances as set forth in Section 31-76(e) of the City's Land
Development Regulations; and
WHEREAS, the City Commission has reviewed the application for variance to
Section 31-171(a)(7) and finds that the variance requested does/does not1 meet the
standards for approval of variances as set forth in Section 31-76(e) of the City's Land
Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
1 Language in bold italics indicates a decision to be made by the City Commission at public hearing.
Resolution No. 2006-
Page 3
Section 1. Application No. 03-CU-05 for conditional use approval of a 122 foot
tall building in the TC2, Town Center Marine District, on land described in Exhibit "A" is
hereby granted/denied1.
Section 2. Application No. 01-VAR-06 for a variance from Section 31-145(c)(10)
of the City's Land Development Regulations to permit a 15 foot view corridor where a
66.76 foot view corridor is required by Code, on land described in Exhibit "A" is hereby
granted/denied1.
Section 3. Application No. 01-VAR-06 for a variance from Section 31-221 (i)(2)
of the City's Land Development Regulations to permit a 5 foot buffer strip where a
minimum 7 foot buffer strip is required by Code on land described in Exhibit "A" is
hereby granted/denied1
Section 4. Application No. 01-VAR-06 for a variance from Section 31-171(a)(7)
of the City's Land Development Regulations to permit a parking setback of 0 feet where
a minimum 10 foot parking setback is required by Code on land described in Exhibit "A"
is hereby granted/denied1
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Luz Urbaez Weinberg
Commissioner Michael Stern
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2006-_
Page 4
PASSED AND ADOPTED this lib day of March, 2006.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SLfEFICIENCY:
--1'-1t ~ ~
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of
,2006.
CITY CLERK
Resolution No. 2006-_
Page 5
EXHIBIT "A
PARCEL A:
Commence at the Northeast corner of the NW y., of the SE \l.iof the SW y.; of Fractional
Section 3, Township 52, South, Range 42 East, Miami-Dade County, Florida; thence run
North 0039'25" West for a distance of 180.25 feet to a point; thence run North 89020'35"
East for a distance of 70 feet to a point on the East right-of-way line of N.E. 29th
Avenue; thence run South 0039'25" East along the East right-of-way line of N.E. 29th
Avenue for a distance of 49.74 feet to a point of beginning of the following described
parcel and the point of curvature of a curve concave to the Northwest; thence continue
along said curve, having for its elements a radius of 198.90 feet, a central angle of
90042'40", for an arc distance of314.90 feet to the point of tangency on the South right-
of-way line of N.E. 187th Street; thence run North 89056'45" West along said South
right-of-way line for a distance of 142.58 feet to a point; thence run South 0002'30" West
for a distance of 188.64 feet to a point of curvature of a curve concave to the Northeast;
thence run along the arc of said curve, having for its elements a radius of 30 feet, a
central angle of 45004'53" for a distance of 23.60 feet to a point of reverse curve; thence
run along the arc of a curve concave to the Southwest, having for its elements a radius of
100 feet, a central angle of 21 029"05" for a distance of 37.50 feet to point on said curve,
said point bearing North 66026'42" East from the center of said curve; thence run South
89058'15" East for a distance of 297.03 feet to a point; thence run North 0039'25" West,
216.10 feet to a point; thence run North 88051' 54" East for a distance of 20 feet to a
point; thence run North 0039'25" West for a distance of 225.41 feet to the point of
beginning.
Together with the interest of grantors in that certain canal easement more specifically set
out in easement agreement executed by R.B. Gautier, Jr., individually and as Trustee,
joined by his wife, Frances Gautier, and Atlas Tenninals of Florida, Inc., to North Dade
Acres, Inc., dated June 4, 1962, in Official Records Book 3185 Page 743, of the Public
Records of Miami-Dade County, Florida.
Subject, however, to the terms and conditions of that certain Covenant Running with the
land in favor of Metropolitan Dade County recorded in Official Records Book 13284,
Page 512, of the Public Records of Miami-Dade County, Florida.
PARCEL B (SUBMERGED LAND PARCEL):
A portion of Tract "C", ATLAS TERMINAL RESIDENTIAL, according to the Plat
thereof, as recorded in Plat Book 146, Page 18, of the Public Records of Miami-Dade
County, Florida, and being more particularly described as follows:
Begin at the Southwest corner of said Tract "C", thence N 00039'25" W along the West
line of said Tract "c" for I 11. I 0 feet to the Northwest corner of said Tract "C", thence
North 88051 '54" E along the North line of said Tract "c" for 399.91 feet to a point on the
Southerly extension of the West line of Fortin, Leavy, Skiles, Inc., Drawing Number
2099D-179-8, dated February 2, 2004; thence South 00039'25" E along said Southerly
extension of the West line of Fortin, Leavy, Skiles, Inc., Drawing Number 20990-179-8,
dated February 2, 2004, for 119.20 feet to a point on the South line of said Tract "C';
thence North 89058'26" W along said South line of Tract "c" for 399.93 feet to the Point
of Beginning.
Greenberg
Traurig
Clifford A. Schulman
(305) 579-0613
Direct Fax: (305) 961-5613
E.Mail: schulmanc@gtlaw.com
February 27, 2006
Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Hi Lift Marina /2890 N.E. 187tb Street, Aventura / Conditional Use
and Variance Applications I Amended Letter of Intent
Dear Ms. Carr :
On behalf of Hi Lift, LLC, (the "Applicant"), we respectfully submit this
amended letter of intent in connection with the above referenced Conditional Use and
Variance applications. The Applicant owns the marina and dry dock storage facility
located at 2890 N.E. 187th Street, Aventura, (the "Property"), and is proposing to develop
a new wet/dry dock marina facility.
The Property is zoned Town Center Marine District ("TC2"). The TC2 district
allows building heights to 50 feet. As provided in the original letter of intent, the
Applicant was seeking conditional use approval pursuant to Section 31-73 of the Land
Development Regulations (the "LDR's") to build a facility with a height of 150 feet. In
response to staff conunents, the proposed height of the building has been reduced to 122
feet. Accordingly, the Applicant hereby amends its conditional use approval request so as
to build a facility with a height of 122 feet.
Additionally, the Applicant has also applied for a view corridor variance. Please
note that, in response to discussions with staff, a public promenade and viewing area have
been proposed in order to mitigate the lack of a view corridor. The Applicant is now also
seeking to amend its application to include variances from the landscape buffer and
parking setback requirements.
Variance from LandscaDe Buffer Requirements
Section 31-221(i)(2) of the LDR's require a buffer strip for landscaping with a
minimum of 7 feet for all areas adjacent to any vehicular use area. Due to the size of the
property and the size of building required to store watercraft, a reduced landscape buffer
of 5 feet is provided in certain parts. Please note that sufficient space is still provided to
acconunodate landscaping and some separation from the building. Accordingly, the
Greenberg Traurig. PAl Attorneys at Law 11221 Brickell Avenue I Miami, Fl
Exhibit # 1
03-CU-OS & 01-VAR-06
applicant is seeking a variance for a five foot buffer along parts of the parking areas and
driveway that abut the building.
Variance from Parkin!! Setback Requirements
Also, the Applicant is requesting a parking setback of 0 feet between the driveway
and the right of way as opposed to the minimwn 10 feet from the right of way as required
by Section 31-171(a)(7) of the LDR's. In response to staff's comments, the setback
between the proposed structure and the A venti condominium project has been increased
to 15 feet. Due to this shift of the building northward and the Miami-Dade Fire
Department's requirements for emergency vehicular access, there are portions of the
driveway on the north side of the building that have no buffer between the driveway and
the sidewalk. We respectfully submit that the new variance requests satisfy the review
criteria of Section 31-76 of the LDR as follows:
1. The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
Due to the irregular shape and unique location of this Property, enforcement of
the landscape buffer and parking setback would create a hardship. By providing a
15 foot rear setback from the Aventi property, the north side of the building is
closer to N.E. 187th Street. It would be impossible to provide both the required
landscape buffer and parking setbacks and the northward shift of the building due
to the minimwn requirements of right-of-way for the driveway within the
proposed project.
2. The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
The unique shape and location of the Property make the new variance requests
unique to the parcel and would not be generally applicable to other properties
within the vicinity.
3. The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LDR. It is a hardship which has been created by the conflict
between code requirements and staff comments.
The hardship created by the size and location of the Property is not economic and
has not been deliberately created to establish a use or structure which is not
otherwise consistent with the LDR.
4. The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
Greenberg Traurig, P,A.
Granting of the variances requested will not be detrimental to the public welfare
or injurious to other property or improvements in the vicinity. The new facility
will be a state-of the-art facility utilizing electric bridge crane technology which is
fully enclosed within the new building and eliminates virtually all noise
associated with the current facility such as the smell of fumes, the chatter of
employees, and the noise of tools which are all disruptive and negatively impact
the privacy of the neighboring residents. All service operations will be conducted
indoors thereby providing neighboring residents with enhanced quiet and privacy.
5. The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variances will not substantially increase the congestion in the public
streets. On the contrary, the redevelopment of the marina will enhance the safety
of pedestrians and the safe operation of motor vehicles. The current parking on
site requires tenants of the facility to back their cars out onto 18th Street. The
new facility will provide for parking and organized ingress and egress all in
accordance with code. This will allow for a safer environment for pedestrians and
the safer operation of motor vehicles. Furthermore, the alternative development
scenario for the property, a 76 unit mixed use residential/retail project, which is
permitted "as of right" by the LDR's, would generate more traffic than the current
proposed development. In addition, extensive landscaping will provide further
privacy and enhance the aesthetic quality of the neighborhood.
Accordingly, we respectfully submit that the proposed development satisfies the
applicable review criteria.
Sincerely,
~~
'-fy61 Clifford A. Schulman
cc: Mr. Andrew Sturner
Mr. Mark Saltz
Greenberg Traurig. PA
OJ-tU-oj-
Greenberg
Traurig
RECEIVED
DEe ..':5
COMMUNITY DE:Vllu~McN r
Clifford A. Schulman
(305) 579.Q613
Direct Fax: (305) 961-5613
E-Mail: schulmanC@gtlaw.com
December 2, 2005
Via Hand Deliverv
Mrs. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
RE: Letter of Intent for Conditional Use Approval for Hi Lift Marina/Located at
2890 N.E. 187'b Street Aventnra (the "Property")
Dear Mrs. Carr:
On behalf of Hi Lift, LLC, (the "Applicant"), we respectfully submit this letter of
intent in connection with the above referenced application for conditional use approval.
As you are already aware, the Applicant is proposing to develop a new wet/dry dock
marina facility to replace the one which presently exists on the Property.
The Property is located at 2890 N.E. l87'h Street, Aventura and is zoned Town
Center Marine District ("TCM 2"). The TCM 2 district allows building heights to 50
feet. The Applicant is seeking conditional use approval pursuant to Section 31-73 of the
Land Development Regulations (the "LDR's") to build a facility with a height of 150
feet.
We respectfully submit that the Application for Conditional Use satisfies the review
criteria of Section 31-73 of the LDR as follows:
(1) The proposed use shall be consistent with the Comprehensive Plan.
The Comprehensive Plan encourages a mix of uses within the Town Center and
the provision of recreational facilities for the use of A ventura residents. The
proposed facility will help to further both of these objectives. Proximity and
access to water is one of the many attractions for residents and businesses within
the City of Aventura.
(2) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety, or general welfare.
Greenberg Traurig, PAl Attorneys at Law 11221 Brickell Avenue I Miami. FL 33131 I Tel 305.579.0500 I Fax 305.579.07171 www.gtlaw.com
Mrs. Joanne Carr
December 2, 2005
Page 2
The redevelopment of the He Lift Marina storage facility will enhance the safety
and general welfare of the public by replacing an antiquated dry storage facility
with a state-of-the-art facility built to today's more stringent building codes. In
addition, the current parking on site requires tenants of the facility to back their
cars out onto 187th Street. The new facility will provide for parking and
organized ingress and egress all in accordance with code. As such, the
redevelopment will not be injurious to other property or improvements in the
vicinity, and will, in fact, enhance the general welfare by improving recreational
options. Finally, the redevelopment will replace the 20 year old facility.
Hurricane Wilma has highlighted the need to upgrade aging dry storage marinas
to ensure they can withstand today's active hurricanes. The new Hi Lift facility
will be built to current hurricane protection standards, assuring that a windstorm
or fuel catastrophe does not happen.
(3) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The immediate neighborhood of the proposed use is a neighborhood in transition
to increased residential development and mixed uses in the Town Center and
along N.E. 188th Street. The neighboring buildings consist of: Aventi, a low rise
development; The Venture an 11 story residential development approximately
124'4" high; Harbour Center, a commercial office building tower rising
approximately 159' feet above grade; Uptown Marina Lofts, a residential
development approximately 154' high; and Terzetto, a residential development
consisting of 2 towers, the nearest one to the property rising approximately 215'
above grade. The proposed boat storage facility is an amenity consistent with the
new luxury residential character ofthe neighborhood.
(4) Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's adopted
levels of service, or will be available concurrent with demand as provided for in
the requirements of these LDRs.
The redevelopment of the Marina will not change the current levels of service
required. As such, the City's current levels of infrastructure and services are
sufficient to accommodate the proposed use. Also, the assessed value of the
property for tax purposes will increase by fivefold at a minimum thereby
providing increased revenue to the City for future capacity and service
improvements.
(5) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Greenberg Traurig. P,A.
Mrs. Joanne Carr
December 2, 2005
Page 3
Ingress and egress to this facility are proposed to be enhanced considerably. The
current parking situation is problematic. Currently, the visitor parking area
consists of a narrow strip on the north side of the property between the building
and sidewalk. Cars exiting the property have no choice but to back out into
moving traffic on 187th Street. The new facility will ensure a more orderly and
safer flow of traffic and provide parking inside the building.
(6) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
A boat storage facility at this location has not and will not impede the
development of surrounding properties.
(7) The design of the proposed use shall minimize adverse effects, including
visual impacts, of the proposed use on adjacent property through the use of
building orientation, setbacks, buffers, landscaping and other design criteria.
The proposed facility h!lS been designed so as to minimize visual impacts. In fact,
the proposed facility will eliminate many of the adverse effects the current facility
represents for the neighborhood. The new first-class Mediterranean design
replaces the old industrial metal building and calls for the elimination of the
outdoor exposed racks which are unattractive and represent an adverse effect on
the neighborhood. The antiquated forklift technology currently utilized at Hi Lift
employs loud gas engines which together with the "reverse beeps" create
substantial noise that is irritating to neighboring residents. This new facility will
be a state-of-the-art facility utilizing electric bridge crane technology which is
fully enclosed within the new building and eliminates virtually all noise
associated with the current facility such as the smell of fumes, the chatter of
employees, and the noise of tools which are all disruptive and negatively impact
the privacy of the neighboring residents. All of the service operations in this
proposed facility will be conducted indoors thereby providing neighboring
residents with enhanced quiet and privacy. In addition, extensive landscaping
will provide further privacy and enhance the aesthetic quality of the
neighborhood.
The proposed facility is a unique opportunity to enhance the appearance of the Property
and to expand the recreational alternatives in the City. It is important to note that there
will be no net increase in the number of boat slips and that, while 76 residential units are
permitted on the Property as of right, no residential uses are proposed.
Accordingly, we respectfully submit that the proposed use satisfies the applicable review
criteria, and respectfully request that you favorably consider our request and schedule this
application for the next available agenda of the Aventura City Commission.
Greenberg Traurig. P,A.
Mrs. Joanne Carr
December 2, 2005
Page 4
If you have any questions or would like to discuss this matter further, please
contact me at 305-579-0613. Thank you for your attention to this matter.
SWQ
Clifford A. Schulman
Greenberg Traurig, P.A.
Greenberg
Traurig
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Clifford A. Schulman
(305) 579-06\3
Direct Fax: (305) 961-5613
E.Mail: schulmanC@gtlaw.com
January 6, 2005
Via Hand Deliverv
Joanne Carr
Planning Director
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Hi Lift Marina /2890 N.E. 187th Street, Aventura / Variance Application /
Letter ofIntent
Dear Ms. Carr :
On behalf of Hi Lift, LLC, (the "Applicant"), we respectfully submit this letter of intent
in connection with the above referenced variance application. The Applicant owns the marina
and dry dock storage facility located at 2890 N.E. 187'h Street, Aventura (the "Property"), and is
proposing to develop a new wet/dry dock marina facility.
The Property is currently zoned Town Center Marine District (TCM 2"). Pursuant to
Section 31-145 of the Aventura Land Development Regulations (the "LDR's"), TCM 2 sites that
abut a waterway must have a view corridor to the bay or ocean. However, due to the dimensions
of the Property and other circumstances more fully explained below, a variance from Section 31-
76 of the LDR is required in order to redevelop the existing marina.
We respectfully submit that the Application for Variance satisfies the review criteria of
Section 31-76 of the LDR as follows:
1. The particular physical surroundings, shape, topographical condition, or other physical
or environmental condition of the specific property involved would result in a particular
hardship upon the owner, as distinguished from a mere inconvenience, if the regulations
were carried out literally.
Due to the irregular shape and unique location of this Property, enforcement of the view
corridor requirement would create a hardship. The Property is located at the end of a
canal with minimal views to the Bay. The canal only partially fronts the Property along
the middle of the site. View corridors are usually provided along one of the property
boundary lines. However, that would not be possible in these circumstances because the
canal fronts the middle of the Property. The provision ofa view corridor on this Property
Greenberg Traurig, PA I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
June 7, 2004
Page 2
would split it in half and render the proposed development or any other alternative,
impossible.
2. The conditions upon which the request for a variance is based are unique to the parcel
and would not be generally applicable to other property within the vicinity.
The irregular shape of the Property makes the request for this variance unique to the
parcel and would not be generally applicable to other property within the vicinity. Since
the Property is located at the end of the canal and the frontage to the canal is only partial,
it is highly unlikely that other properties can be alleged to have the same condition.
3. The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with the LDR.
The hardship created by the size and location of the Property is not economic and has not
been deliberately created to establish a use or structure which is not otherwise consistent
with the LDR.
4. The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the vicinity.
Granting of the variance will not be detrimental to the public welfare or injurious to other
property or improvements in the vicinity. The new facility will be a state-of the-art
facility utilizing electric bridge crane technology which is fully enclosed within the new
building and eliminates virtually all noise associated with the current facility such as the
smell of fumes, the chatter of employees, and the noise of tools which are all disruptive
and negatively impact the privacy of the neighboring residents. All service operations
will be conducted indoors thereby providing neighboring residents with enhanced quiet
and privacy.
5. The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or substantially
diminish or impair property values within the vicinity.
The proposed variance will not substantially increase the congestion in the public streets.
On the contrary, the redevelopment of the marina will enhance the safety of pedestrians
and the safe operation of motor vehicles. The current parking on site requires tenants of
the facility to back their cars out onto l87th Street. The new facility will provide for
parking and organized ingress and egress all in accordance with code. This will allow for
a safer environment for pedestrians and the safer operation of motor vehicles. In addition
extensive landscaping will provide further privacy and enhance the aesthetic quality of
the neighborhood.
Greenberg Traurig, P,A.
June 7, 2004
Page 3
Accordingly, we respectfully submit that the proposed development satisties the
applicable review criteria, and respectfully request that you favorably consider our request and
schedule this application for the next available agenda of the Avelltura City Commission.
Sincerely,
~/~'fiu<-<-
~Clifford A. Schulman
cc: Andrew Stumer
Greenberg Traurig, PA
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Joanne Carr, AIC
Planning Director
FROM: Eric M. Soroka, I
City Manager
DATE: March 7, 2006
SUBJECT: Withdrawal of Request of Hi Lift Marina for variance from Section 31-
171(a)(7) of the City's Land Development Regulations to permit a parking
setback of 0', where a minimum 10' parking setback is required by Code;
all for property located at 2890 NE 187th Street, Aventura (03-CU-05 and
01-VAR-06)
March 7, 2006 City Commission Meeting Agenda Item 6
The applicant, Hi Lift Marina LLC, has withdrawn its request for variance from Section
31-171 (a)(7) of the City's Land Development Regulations to permit a parking setback of
0' where a minimum 10' parking setback is required by Code. Its letter of March 6, 2006
is attached.
The site plan has been revised to remove the access drive that was set back 0' from the
public sidewalk.
Greenberg
Traurig
Mario J_ Garcia-Serra
Tel. (305) 579-0837
Fax (305) 961..s837
garcia-serram@gtlaw,com
March 6, 2006
Ms. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Hi Lift Marina / Withdrawal of Parking Setback Variance
Request
Dear Ms. Carr:
We represent Hi Lift, LLC, with regards to the above referenced matter. As a result
of revisions to the proposed site plan, the requested variance to pennit a 0' setback between
the driveway and the right of way is no longer necessary. Accordingly, we hereby withdraw
the parking setback variance request which was included in our letter to you dated February
27,2006. Many thanks for your attention to this matter.
Best regards,
~~-J~
Mario J. Garcia-Serra
cc: Mr. Andrew Stumer
Mr. Mark Saltz
Clifford A. Schulman, Esq.
Greenberg Traurig, PAl Attorneys at Law 11221 Brickell Avenue I Miami, Fl33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
APPLlCA,~ r REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura land Development Code. this Applicant Representative
Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the
Development Pennit, which is identified in the accompanying application. and the owner of the property subject to the application
(if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in
connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects,
Landscape
Architects, Engineers, Lobbyists, Etc.)
Clifford A. Schulman
Attornev
Mario Garcia-Serra
Mark Saltz
Attorney
Architect
Dan Fortin Jr.
Survevor
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON liSTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR
THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND
AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-
71(B)(2)(1V) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE
INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
By:
By.
WITNESS MY HAND THIS ~ DAY OF
f..LI.&Ltt
AUTHORIZED REPRESENTATIVE OF APPLICANT:
Name:
(Signature)
(Print)
igna e
. Andv Stumer
(Print)
Title: Manaaer. Hi Lift. LLC
Title:
Address:
Address: 2890 NE 187 Street
Aventura. FL 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared Andrew Sturner as the authorized representative
of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did
swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of
,200_.
Notary Public State of Florida At Large
a
APPLICANT REPRESENTATIVE AFFIDAVIT
PursU8Jtl to Sec:llon 31-71 (b)(2)(O of the ClIy of Aventura L8nd Development Code, this AppI/csnt R8JlIeee.,_e
Aflld8vtt Is hereby made end submltled. The under8igned -x.1zed ~ of the individual or entity applying for the
Oevetopment Penntt, which 18 ldenlifled In the accompanying application, and the owner of the property SUbjecllo the application
(if dlflerent) hereby IIsW end IdentflIes all peI8OIl8 representing the individual or entity applying for the Development PennR In
connection wlth the appllcatIon, as follows:
Name
Relationship (i.e. Attomeys, Architects,
Landscape
Arch-, EngIneora. Lobbyists, E/e.)
Clifford A Schulman
Mario Garcla-Serra
Mark Saltz
Dan Fortin Jr.
Attomev
Attorney
Architect
Surveyor
(Attach Additional Sheets If Necessary)
NoncE: AllY STATEMENT OR REPRESENTATION MADE BY AllY PERSON USTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR
THE DEVELOPMENT PERMIT AIlD THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AIlD
AFF1ANT8 ARE AD\IIBED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-
T1(B)(2)(1V) OF THE ClTY'S LAND DEVELOPMENT REGULATIONS IN THE crrv CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE crrv BOARD OR COMMISSION, THE
INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WlTNE8SMYHANDTHIS~DAYOF k.~~...
AUTHORIZED REPRESENTATIVE OF APPLICANT:
By:
(Signature)
(Print)
Name:
TlUe:
Address:
Address: 2890 NE 187 Street
Aventura. FL 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared
of the AppHcllnt and/or the owner of the property subject 10 the application,
swear or afflnn that he/she executed this AffIdavR for the purposes slaIed
~L AFF
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of f\,\ a.v c k . 200~
. tJ!.t'X ;( cu, clu~
re
by sworn, did
and correct.
Notary Public Stale of Florida At Large
NOTARY PUBUC-STATE OF FLORIDA
~ Lisa Karcher
Commi,sioll # D0428124
Expires: MAY 10, 2009
Bonded Thru Atlantic Bonding Co., Inc.
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 3 1-7 I (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that (mark with "x" applicable portions only)
[ X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ } 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as foHows:
[] i. Member afCily Commission or Board holds an ownership interest in excess of 1% of total assets or
capital stock of Applicant or Representative;
[] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares ofa corporation which
are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar
year.
WITNESS MY HAND THIS
DAY OF
.2005.
APPLICANT:
(Signature)
(Print)
(Print)
By:
Name:
Title:
PROPER
i~y
Name.
Title:
eN , 2005.
LLC-
(Signature)
(Print)
(Print)
*The terms "Business Relationship," "Client, " "Customer," "Applicant, " hRepresentative" and "Interested Person"
are defined in Section 2-395 of the Aventura City Code.
WITNESS MY HAND THIS ~ DAY OFl)<,<,~P+i? ,2005.
REPRESENT A TlVE: (Listed on Business Relationship Affidavit)
By:
ignature)
:"~~: )ial:-
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: (SIgnature)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
Name: Mario 1. Garcia-Se
(Print)
Name: Clifford A. Schulman
(Print)
Title: Attornev
(Print)
By:
(Signature)
Name:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-
71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the application by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
NOT ARIZA nON PROVISION
Before me, the undersigned authority, personally appeared Clifford A, Schulman the Affiant, who
being first by me duly sworn, did swear or affirm that he/she executed this Affidavit D rJ e purposes stated
therein and that it is true and correct. , ,
~"'''.....
RJo
,\"~,:g
OFF\.f?-
Notary Public Slate of Flonds
Leyla M I.ucas
My CommIssion 00448676
Expires 09/24/2009
/ ! AFFIANT
SWORN TO AND SUBSCRIBED before me this Mday of!Jprpf71kor:;o 5.,
Printed Name of Notary
My commission expires:
------~-._--------------~----------------------
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being
first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated
therein and that it is true and correct. fG"'-<4 ~ ~~
III AFFIAN :/ "-
SWORN TO AND SUBSCRIBED befOle me thisM day o~jpr. 20 ,
i~,,'"~o
. .
,c_ "S
'>OFF\.c/i"
Notary Public State of Flonda
Levla M l.ucas
My COITlmlSSIOn 00448676
Expires OW24/2009
----------------~-----------~----
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
SWORN TO AND SUBSCRIBED before me thi~ay of
e Affiant, who being
!he purposes stated
Before me, the undersigned authority, personally appeared
first by me duly sworn, did swear or affirm that he/she e cut
therein and that it is true and correct.
te of Florida A Lwge
. "~^JTf PUBUC-ST!JE OF FLORIDA
l1'inted Name of Notary '. L ',;' -- Lisa Karcher
~_____________._____________._._______.__~~~~expi~~~~ DC; ,Y~ 281"
---------------'\' Expires: MAY 10, 20c
STATE OF FLORIDA ) --'.J.i.lded Thru Atlantic Bonding Cc., _.....
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared the Affiant, who being first
by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein
and that it is true and correct.
fa
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned
Affiant hereby discloses that: (marl< with "x" applicable portions only)
[ X II. Affiant does Ill!! have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows;
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows;
[] i. Member of City Commission or Board holds an ownership interest in excess of 1% ortota) assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which
are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[] iii. The AppJicantor Representative is a Client ofa member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar
year.
WITNESS MY HAND THIS
DAY OF
.200_.
~ ~
. ~~e: Dan~~~ /' (Si~';':;~J)
Title: SlII!.V (-YOf>-- (Prinl)
WITNESS MY HAND THIS
DAY OF
.200_.
PROPERTY OWNER:
By:
Name: Andrew Stumer for Hi Lift. LLC
Title:
(Signature)
(Print)
(Print)
"The rerms "Business Relationship," "Client," "Customer," "Applicont," "Representative" and "Interested Person"
are defined in Section 2-395 of the A ventura City Code.
WITNESS MY HAND THIS 7'1# DAYOF:JP>t-\.Ll",tt..y , 200iR
~ATIVE: (Listed on Business Relationship Affidavit)
By: ~~ /' (Signature) By: (Signature
/'
Name: Dan Fortin Jr (Print) Name: (Print)
Title: s;,LI ~ V,!: YO fL (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
B
y: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signa/ure) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets If disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-
71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the application by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
STATE OFFLORlDA )
COUNTY OF MIAMI-DADE)
NOTARIZATION PROVISION
Before me. the undersigned euthority, personally appeared Dan F
affinn that he/she executed this Alfidevll for the purposes stated therein a
i mant, who being first by me duly sworn, did swear or
lIisUue1#~
AFFIANT
SWORN TO AND SUBSCRmED before me this ~ay of :T4IJJ I>.e. '( . 200 t::J.,
.~ /','
H""""" SUSAN P. KAY ',it
:u.t... M't COMMISSION # D03071 S4 N tar)' Pub!' St f
~~<:'f rXPIRES Apnl06 2008 0 Ie alea
17r~<r;:~()T\~\ II Notdl"l'DiSCOUlllAs:sOC Co
~. ,.. <; ",,, '" ~ Pnnted Name of Notary
My commission expires
____________________________._______n______________________________________________________________________________________________________________..
ST ATE OFFLORlDA )
COUNTY OF MIAMI-OADE)
Before me, the undersigned authority, personally appeared Andrew Sturner. the Affiant, who being first by me duly sworn, did swear or
affinn that he/she executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
.200_.
Notary Public Stale of Florida At Large
Printed Name of Notary
My commission expires:
-------------------------------.--------------------------..-....-------.----------.---..--------.-.-..-.---
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm
that he/she executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
.200_,
Notary Public Stale of Florida At Large
Printed Name of Notary
My commission expires:
---------------------------------__.___________...._____~__n_._________._...____._..____.___.________....____.._._______
STATE OFFLORlDA )
COUNTY OF MIAMI-DADE)
Before me. the undersigned euthority, personally appeared the Alfiant, who being first by me duly sworn,
did swear or affinn thet he/she executed this Atlidavlt for the purposes stated therein and that II is true and correct.
AFFIANT
.""'.'
, .
.: '
. .
'\:~....~
BuSINESS RELATIONSHIP AFF-..JAVIT*
This Affidavtt is made pursuant to Section 31-71(bX2Xii) of the Ctty of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(marl< with 'x' applicable portions only)
p{1. Affiant does not have a Business Relationship with any member of the Cny Commission or any City Advisory Board to
which the application will be presented.
( ] 2. Affiant hereby discloses that n does have a Business Relationship with a member of the Cny Commission or a Cny
Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List Cny Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
(] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capnal
stock of Applicant or Representative:
(] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture:
[] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional worl<ing from the same offICe or for the same employer as the member of the Cny Commission or
Board;
(] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
(I v. The Applicant or Representative is a Customer of the member of the Cny Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year,
[] vi. The member of the Ctty Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS ~ DAY OF ~ ,~
APPliCANT:
WITNESS MY HAND THIS
DAY OF
.200_.
!........DON......~.:....L........................IS
: ~ MUSSATTO :
I ~~~ Commlo DD031llll62 l
~ .~~ Expuw.'1/11J2008:
; &,,~~ Bond"" """ (800)432..254;
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....................................'::.......1
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(Print)
(Prinl)
By:
Name:
Title:
PROPERTY OWNER:
ISignature)
(Print)
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By:
Name:
Trtle:
"The terms 'Business Relationship,' 'Client,' 'Customer,' 'Applicant: 'Representative' and 'Interested Person' are defined in
SectIon 2-395 of the Aventura City Code.
7
WITNESS MY HAND THIS ~ DAY OF V~~
REPRESENT IVE: (Usted on Business Relationship Affidavit)
Signature) k
.20<6
" -~~
By:
Name: MarK -s, Ib...
(Print)
Name: .s fee vt:.. v's {e. " (Print)
Tille: ~~ (Print)
Tille: Arc.h,kc-t- (Print)
H~"
Name: f'WcdLk 'Sch""",t2....(Print)
Tille: e:/I~/,.,eeN (Print)
>c By: (Signature
Name: - )'1 ~- :. A~ (Print)
Title: (Print)
By: ~ (Signature) .>c By: (Signature
Name: rro(fhe( s: pe/\c<.r (Print) Name: (Print)
Tille: ~/l(2/."ee( (Print) Tille: (Print)
B
y: (Signature) By: (Signature
Tille: (Print) Title: (Print)
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By: (Signature) By: (Signature
Title: (Print) Tille: (Print)
Tille: (Print) Tille: (Print)
By: (Signature) By: (Signature
Tille: (Print) Tille: (Print)
Tille: (Print) Tille: (Print)
NOTE: 1) Use duplicate sheets if disclosure Infonnation for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)
of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect
or incomplete.
9
NOTARIZATION PROVISION
STATE OF FLORIOA I
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Ma.... k S-t If z...
helshe executed this AffIdavit for the purposes stated therein and that it is true and correct.
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SWORN TO AND SUBSCRIBED before me th~ I.!'L day of &.
.200~
..............
. DONNA ...........1..............
: O-;.~r~*., CommM 000370962 :
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J:{ptary Public Stale of Florida At Large ......................:
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Printed Name of Notary
My commission expires: ZOOS'
AFFIAN
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) . t
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Before me. the undersigned authority. personally appeared "F,,,,,'k, It \; i</ the Affiant, who being first
he/she executed this Affidavll for lhe purposes slaled therein and thalli is lrue and correct.
tANT
SWORN TO AND SUBSCRIBED before me this /0" day of lJu.,1J?(.i:J, 200S-
~...... .. ................................
: NA l. MUSSA TTO :
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m . it1Uc..<:;A, .................. ......................
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My comm~slon expires: ZoO
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me. Ihe undersigned authority, personally appeared HeLd~ c ::Spt/l(e, the Affiant. who being firsl by me duly swom. d~ swear or affirm that
helshe executed this Affidavit for the purposes stated therein and that it is true and correct.
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SWORN TO AND SUBSCRIBED before me th~ /!!L day of k
J~4--
AFFIANT
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: OONNAL.MUSSATTO :
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: l~~' p~ Comm# 000310962 :
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rinted Name of Notary
My commission expires: ;? E1:J >?
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me. the undersigned aulhority. personany appeared :STeve C,,,fe r
helshe executed this AffidavK for the purposes staled therein Ind thai K is true 100 correct.
>..
\. AFFIANT
SWORN TO AND SUBSCRIBED before me th~ ft clay of~. 2~
me duly sworn, did swear or affinn that
... ......................................
: OONNAL.MUSSATTO
f $t~~~~ Comm# 000370962
: l~7i!\~i Expires 11/1112008
: \~~~~ Bonoed t!1ru (600)432-4254
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Printed Name of Notary ?..", 0
My commlSSIOIl expires: c...vu 0
8
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City of Aventura City Commission Meeting Date
~
3\ -=r(OIc
Agenda Item No.
Date of Verbal Communication:
2\\ 8lo~
Identity of persor or Entity Making Communication:
"'5 s-l A S'i LA-
b'ffU5~
TI-lE
P iU(IEUr
Respectfully,
)h
Filed this ~ day of
Commissioner or Board Member
receiving communication:
Luz.- btpJB~
( fA..-
a M. Sfro a, MC, City Clerk
City of Aventura City Commission Meeting Date
0J
3
~loG
Agenda Item No.
Date of Verbal Communication:
1812-00 G
Identity of Person or Entity Making Communication:
AW~ S-riJR-Nt:?;f<
Subject and Substance of Communication: ,
~~~<j0~~i~C/ti5~~J~. ME +115 REQUtS,
Respectfully,
Filed this 1 day of
Commissioner or Board Member
r~i~ communica~n: 0El N
N
2~
C, City Clerk
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 '1
2nd Reading March 7, 2006 City Commission Meeting Agenda Item -g-
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
ceo 1456-06
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 Auerbach, who moved
its adoption on first reading. This motion was seconded by Vice Mayor Joel, and 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 on second reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this ih day of February, 2006.
2
Ordinance No. 2006-_
Page 3
,
PASSED AND ADOPTED on second reading this ih 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
................, .........Mll!J.Pl\Il.....
1,500,000
$ MOO,C!Q1l
6999
Non-DeDartmental - 590
Capital Reserve
SUBTOTAL
11,834,562 (1,500,000)
$H,"~,li"2:.>$>(t,!iiC!Q\oC!Ql>
$. ... ~
10,334,562
, t(),~3~,562
Total Amendments-Expenditures
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
,
MEMORANDUM
TO: City Commission
DATE: January 3, 2006
FROM: Eric M. Soroka, ICMA-CM, Cit
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 include Live Oak, Gumbo Limbo and Mahogany for tree
replacement, and Royal, Coconut and Sabal 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. 20th Street to northern City limits (east of Biscayne Boulevard)
West - The entire Biscayne Boulevard corridor.
/
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 3/7/2006
in the XXXX Court,
was published in said newspaper in the issues of
02/24/2006
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 secu:~r~dvertis for publication in the said
newsp~
Sworn to and subscribed before me this
24 day of FEBRUARY
,A.D. 2006
~~4 :>>k~-
(SEAL)
O.V. FERBEYRE personally known to m~~ Cheryl H Marmer
· . My Commission DD33865lI
\- ~ EXplresJuly18.2008
i'~,
. NOT:::ar.::ING
Date an'd TIme of Public Hearing: Tuesday, March 7, 2006
Applicant NamelNumber:
6:oop_m.
Hi Uft Marina, LLC
(03-CU-Q5,andU1 -v AR-{)6)
The appHcant, Hi un Marina, LtC,
i~~: . '--~-'_-' .
..~:~ .~.to permit con-
ma~nc:klry dock boat
ahilight of;~ 22' in the
Mann. Distrid\, where a
. per-
Applicaht~:
''';, rJ1ftteIf
Va"
Uimt .. . t Regulations to permit a
,,:~e__~,76'v!ewcorri-
Variance from Section 31.2210)(2) of the
i :l .L.Imd Oevelopmeg~iiliguIations to permit a
bUffer Stnpof'S';whenU'rI'Iif1Iihum 7' buffer
strip is required by Code; and .. '.
",>'J! '--VariaAceftolti'seritIdn 31-1'11 (a)(7) Of-the
, S' land DevelojmIentFWlgulations to permlt.a
partdng s'etb8<:kdi O';WhElre ~ niinit1lom10'
" 'I'EItkingSetb8c'{'js~byCode. . '.'.
'\(:"' '., ~...: :'''_~-~-.:.4~r:H~-;:''-' ,.-
Location of Subject Property: '2890 NE 187 Street; Aventura
Legal Description: A ~rtion of Section 3, TO~p ~2 SOuth, Range
42 I;S\~~ Miarni.Da.deeounty, Florida and a por-
tklnCOf"r1att C, Allis Terminal Residential, Plat
Bpok146, Page 18. Publicl;lEl99r.d~ of Miami-
> :, Cade County, flPri~ 'ei~of Alf,8ntura.' Florida
, .;' /'. (com~t!:l.legal description on. file' !It COmmunity
:.:',' "', [)ev~oP'1;'eot ~partment) - ,. ' .
Plans are on file tlfldmay rse examined during regular busines& hours at
the CltYof AII'eI1tQIa Govemm8rft Center, Communityll)evelopment De-
partrnent,19200 ilRst Country Club Drive, AventtJ~ Aorida:, 33180.
Plans may be -rfiIbdIIl8d at-or befbre the PubliC Hearing. The 'application
may change dutiRllf....e-hearing process. '
The Public Hearing wilfbe held in the Commissk)n Chambers at City of
Aventura Government CeIlter, 19200 West Country CItIb Drive, Aventura,
Florida 33180. Your comments may be made in person at the hearing or
filed in writing ~to,the ~ring date. Refer to applicant/property on cor.
respondence~miUlsame. to City of Aventura Government Center,
Community t5e~~tDepartment, at the iW9ress abov.e. For further
infonnationipl~ caU(305) 466-8940.
In accordanee-.theAmericanswith 0is8b~ Act Of 1990, all per.
sons who aN ~. and Who ne8d specIitl aceommodations to partici-
pate in this proce8ding.bed8U68 of thafdlsalJlllty shouldCont8ct the Office
of the City Clerk, 466-8901 , not later than two business days prior to such
,P,roCeedIngS' ".
If a person deCideS to appeal any deCision made by the City Commission
WIth-respect to fiify maUerconsidered at a'meetlngor hearing, that person .
Will need a'record'of tfiepl'Oceedings and, lor such pUrpos"e;may need to
ensure that avei'batim record of the proc,eedlngs is made,which record
includes the testimony and evidence upon which the appeal is to be
based.
2/24
TeresaM. sOroi<a..-MMC, CityCierk ,
~
/
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 A VENTURA
NOTICE OF PROPOSED ORDINANCE - MARCH 7, 2006
in the XXXX Court,
was published in said newspaper in the issues of
02/1 0/2006
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 . advertis r publication in the said
newspaper
Sworn to and subscribed before me this
~~06 ~
(SEAL) ~'" Maria I. Mesa
r"~ My CommlliSlOfl 00293855
O.V. FERBEYRE personally k~rT1!9tpires March 04,2008
-~'l,J~"TgW'c.--.-
PROPOSEDGRDHlANCE
NOTICE IS HEREBY GIVEN that on Tuesday, the 7th day of March,
2006 ata meeting of the City Commission of the City ()fAventura, to be
held at 6:00 p.m. in the Commission Chan1ber at Avelltura Govemment
teenter, 19200 West Country Club Drive, Aventura, florida, the City
Com~Will Consider the adoptionoftM-ff>HoWing Ordinance on
. second reliI4iri9. ctntitled: . . .
AN ORI)INANCE OF THE CITY COMMI$SlON OF THE. CITY
OF AVENTURA, FLOIUDA. AMeNDING ORDINANCE NO.
2005-13 WHICH ORD~ANCEAOoPTED ..A BUDGET. FOR
THE. 200512000 FI$CA"'~"Y REVI$INGTHE 200512006
FISCAL YEAR OPERATING AND CAPITAl BUDGET .AS
OUTLINED IN EXHlBJT.-A'" AJTACHED HERETO;. AUTHOR.
IZING THE. ..CfTY. .~GER TO.DO. AlL. THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FORAN EFFECTIVE DATE.
The proposed Ordinance may be m.p~ by the public at the Office of
'the City Clerk, 19200 W_ Country Club Drive, Aventura. Florida.
'Interested parties may ~r at the Public Hearing and be heard with
respect to the proposed Ofditlance. Any pel"$On wishing to address the
City Commission on an.v,itemat this PubliC-Hearing maydo so after the
Mayor opens the public hearing. .
In accordance with the.Anlerlcans with Disabilities Act of 1990, all
persons who are disa~ .8Il4. wh() ~$pe(;ial acx:ommodations 10
participate in this proceeding bec;ause of that disability shoUld contact
the Office of the City Clerk, 305-466-8901. not later than two business
days prior to sUCh proceediJlgs;
If a person decides to apPeal any decision made by the City Commission
with respect to anY matter considered at a ~ting or. hearirlg,
that person wHl need a record of the ~roceedlngsand, for such purpose,
may need to ens~ jhataverbatim recoi'd of the proceedings is made, :
· which record includes the testimony and evidence upon which the appeal i
is to be ba~d; .
2/10
Teresa M. Soroka, MMC City Clerk
~7/640n2M.