07-20-1998 Commission Meeting
CITY OF AVENTURA
COMMISSION AGENDA
July 20, 1998
Immediately following 7 p.m. LPA Meeting
City Commission
Arthur I. Snyder, Mayor
Ken Cohen, Vice Mayor
Arthur Berger, Commissioner
Jay R. Beskin, Commissioner
Harry Holzberg, Commissioner
Jeffrey M. Perlow, Commissioner
Patricia Rogers-Libert, Commissioner
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota Helfman Pastoriza & Guedes, City Attorney
City of A ventura
Citv Commission
Arthur L Snyder, Mayor
Ken Cohen, Vice Mayor
Citv Manatler
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Citv Clerk
Teresa M. Smith
Citv Attornev
Weiss Serota Helfman
Pastoriza & Guedes
Commission Meeting
July 20, 1998
(Immediately following 7 p.m. Local Planning Agency Meeting)
Biscayne Medical Arts Building
21110 Biscayne Boulevard Suite 101
A ventura, Florida 33180
AGENDA
1. CALL TO ORDERlROLL CALL
2. PUBLIC HEARING: ORDINANCE - FIRST READING
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING THE
COMPREHENSIVE PLAN OF THE CITY OF A VENTURA (THE "PLAN"),
PURSUANT TO SECTION 163.3161, ET SEQ. FLORIDA STATUTES, "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT;" PROVIDING FOR SEVERABILITY; REPLACING
PREVIOUSLY APPLICABLE MIAMI-DADE COUNTY COMPREHENSIVE
PLAN; PROVIDING FOR AN EFFECTIVE DATE.
3. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Ad 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, 466.8901, nGllater than two days
prior to sudt proceeding.
Anyone wishing to appeal any decision made by the Avcntura City Commission with resped: to any matter considered at such meeting or hearing will
need a record of the proceeding; and, for sudt 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.
Agmda items may be viewed at the Office of the City Clerk, City of Avartura Government Cmter, 2999 NE 191'" Street, Suite 500, Aventura,
Florida, 33180. Anyone wishing to obtain a copy of any agmda item should contact the City Clerk at 466.8901.
ORDINANCE NO. 98 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF
AVENTURA (THE "PLAN"), PURSUANT TO SECTION
163.3161, ET SEQ. FLORIDA STATUTES, "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT;" PROVIDING FOR
SEVERABILITY; REPLACING PREVIOUSLY APPLICABLE
MIAMI-DADE COUNTY COMPREHENSIVE PLAN;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has retained planning
consultants to assist in the preparation of the first Comprehensive Plan for the City of
Aventura (the "Plan"); and
WHEREAS, the City's consultants have prepared a draft of the proposed Plan, after
extensive input and participation by the public and the City Commission, pursuant to
workshops and public meetings; and
WHEREAS, in accordance with the City's procedures and Section 163.3184, Fla.
Stat., public notice has been given of the public hearings for the proposed adoption of this
Ordinance adopting and providing the Plan; and
WHEREAS, the City Commission, sitting as the local planning agency pursuant to
City Code Section 34-1, has held a public hearing upon the Plan and has recommended
adoption of the Plan to the City Commission; and
WHEREAS, the City Commission has held public hearings upon the adoption of the
Plan pursuant to this Ordinance; and
WHEREAS, the City Commission finds that adoption of the Plan, in substantially the
form attached hereto, is in the best interest of the City and complies with applicable laws
and is consistent with the South Florida Regional Plan, the State Plan, the Local
Ordinance No. 98-_
Page 2
Govemment Comprehensive Planning and Land Development Regulation Act (the "Act"),
and promotes and protects the health, safety and welfare; and
WHEREAS, the City Commission desires to adopt the goals, objectives and policies
of the attached Plan and all elements thereof as the Comprehensive Plan of the City of
Aventura, in accordance with law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adooted. That the recitals set forth above are hereby adopted
and incorporated herein.
Section 2. Adootion of Plan. That the goals, objectives and policies of the City of
Aventura Comprehensive Plan, attached hereto as Exhibit "A" and incorporated herein, are
hereby adopted as the Comprehensive Plan of the City of Aventura, Florida, in accordance
with the Act.
Section 3. Severabilitv. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Reolacement of County Comorehensive Plan. That upon adoption,
2
Ordinance No. 98-_
Page 3
the Plan shall serve to replace the Miami-Dade County Comprehensive Plan, previously
applicable pursuant to Section 163.3167(4), Fla. Stat., and City Charter Section 8.03, to the
fullest extent allowed by law.
Section 5. Transmittal. The Clerk is directed to timely transmit the Plan and all
data and analysis to the State of Florida Land Planning Agency.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
passage by the City Commission on second reading, except that the effective date of the
Plan approved by this Ordinance shall be the date a final order is issued by the Department
of Community Affairs or Administration Commission finding the Plan in compliance in
accordance with Section 163.3184, Florida Statutes, lMlichever occurs earlier. No
development orders, development permits, or land uses dependent on such Plan adoption
may be issued or commenced before the Plan has become effective. The Department of
Community Affairs notice of intent to find a plan in compliance shall be deemed to be a final
order if no timely petition challenging the Plan is filed.
The foregoing Ordinance was offered by Commissioner
, IMlO
moved its adoption on first reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
3
Ordinance No. 98-_
Page 4
Vice-Mayor Ken Cohen
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
, who moved its
adoption on second reading. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice-Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 20th day of July, 1998, for transmittal
to the Department of Community Affairs pursuant to Section 163.3184(3), Florida Statutes.
PASSED AND ADOPTED on second reading this _ day of
,1998.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
The Miami Herald PublishingCompanj
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally
appeared:
HIRAM LOPEZ
who on oath says that he/she is"
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
reldQt-t f J u lei I Q" I qCJ'i$'
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing "
this advertisement for publication in the said
newspapers(s),
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DAY OF
,1998
My Commission
Expires: _October 17,2001
Virginia J. Gallon
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VI1lGINlA J GALLO!j ~on'
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COMMliSlON NO. CC6!l2SZ8
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CITY OF AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY
~C1IJ,ofB~ NOTICE OF ADOPTION ~:DCOMPREHENSIVE P~
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The City of Aventura Local Planning Agency will meet In a public hearing on July 20, 1998 at 7 p.m. to consider adoption of the . ~::;
following Resolution: 1
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A RESOLUTlOl OF THE CI1Y OF AVEmRA LOCAL PLANNING AGENCY
RECOMMENDING ADOPTION AND TRANSMITTAL OF THE CITY OF
AVEmRA COIIII'REHENSIVE PLAN, AnACIIED HERETO AS DHIIII1' "A";
AND PROVIDING AN EFFEC1lVE 1lA1l.
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The publiC hearing will be heid at the Avefltura Medical Arts Building, located at 21110 Biscayne Boulevard, Suite 101, Aventura, : ':
Florida. The proposed Resolution may be Inspected by thll public at the OffIce of the City Clel1<, 2999 N.E. 191st Street, Suite 500,,",
Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Resoiution. Any .,"
per5?n wishing to address the Local Planning Agency on any Item at thiS Public Hearing is asked to register with the City Ciel1< prior to",,,
. that Item being heard. " ,
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Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura will consider at a public" . .
hearing adoption of the following Ordinance on first reading and the transmittal of the Comprehensive Plan to the State.of Florida'
Department of Community AffaIrs: . ''''1
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AN ORDIIIAIICE OF THE CI1Y OF AVEII11IIIA. FLORIDA, ADOPTING THE
COMPREHENSIVE PLAN OF THE CITY OF AVEmRA PURSUANT TO
SEC1IOII113.3161, ET SEQ. FLORIDA STA1UTES, "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMm REG\ILAlION
Id:rf' PROVIDING FOR SEVERABILITY; REPLACING PREVIOUSLY
APPUCABLE MIAMI-DADE coum COMPREHENSIVE PLAN; PROVIDING
FOR AI EI'FEC1IVE DATE.
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A Comprehensive Plan Is a State of Rortda required document that provides the City's specific objectives through the following ;""
elements: Future Land Use Element, Infrastructure Element, Capital Improvements Element, Coastal Management Element, Recreation Hm
Element, Intergovemmental Coordination Element, Transportation Element, Urban Design Element and Economic Development r
Element. '.H
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The publiC hearing for first reading of the Ordinance will be held at the Aventura Medical Arts Buildlng,j,ocated at 21110 Biscay"",},
Boulevard, Suite 101, Aventura, Rorlda. The proposed Ordinance may be Inspected by the. public at the urrice of the City Cler1<, 2999' .
N.E. 191 st Street, SUite 500, Aventura. Florida. Interested parties may appear at the Public Hearing and be heard with resoect to ~
proposed Ordinance. Any P!lrson wishlflQ to address the City CommiSSIOn on any item at this Public Rearing is asked to register with th'>>l
City Clel1< prior to that item being heard. l'n
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to.,'4'
participate In these proceedings because of that disability should contact the Office of the City Clel1<, 466-8901, not later than two
business days prior to such proceedings. . l;
If any person decides to appeal any decision made by the Local Planning Agen", or CilV Commission wllh respect to any mattei'
conSidered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure a. r
verbatim record of the proceedings IS made, which record Includes the testimony and evidence upon whfch the appeal Is to be besed._~
Dated this 10th day of July 1998. c~
Teresa M. Smith, CMC
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PROPOSED ADD ON ITEM TO
JULY 20, 1998, CITY COMMISSION MEETING
Motion to authorize the City Attorney to prepare and present to the City
Commission a proposed ordinance providing for a moratorium upon the issuance of
development orders or permits for:
(1) any proposed multi-family residential building exceeding a height of 40
stories;
(2) any proposed multi-family residential building in excess of its previously
approved height, even if such previously approved height was less than
40 stories.
The proposed moratorium would be for the duration of the preparation of the Land
Development Regulations of the City of Aventura.
Procedural Steps
A. Motion to add the above described item onto the agenda.
B. If step A is approved by five (5) affirmative votes, motion to approve the
above stated motion.
32S001\P~arlllicm'p~ add 011 iJcm \0 juIy 20 ~ UEeWle