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02-06-2007 City Commission Susan Gottlieb, Mayor A ':!he City of ~ventura City Manager Eric M. Soroka, lCMA-CM Zev Auerbach Bob Diamond Billy Joel Harry Holzberg Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC I "~" City Attoroc;r Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA FEBRUARY 6, 2007 following6p.DLLPAmeeting Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: . Employee Service Awards 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROV AL OF MINUTES: January 9,2007 Commission Meeting January 24,2007 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ADOPTING THE CITY OF A VENTURA 2007 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. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, GRANTING LIMITED WAIVER FROM PROHIBITION ON TRANSACTING BUSINESS WITH THE CITY, AS AUTHORIZED BY THE MIAMI-DADE COUNTY ETHICS CODE, IN ORDER TO ENABLE THE CITY TO PURCHASE MULTIPLE COPIES OF THE CITY GUIDE FROM A VENTURA MAGAZINE; PROVIDING FOR EFFECTIVE DATE. FeRry 6, m ('JlIIIIIIiBim Meeting D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN FIRST AMENDMENT TO AGREEMENT, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF A VENTURA AND MIAMI-DADE COUNTY RELATING TO MIAMI GARDENS DRIVE CONNECTOR IMPROVEMENTS JOINT PARTICIPATION PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $60,000 TO CONSTRUCT ADDITIONAL SUPERVISOR OFFICES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "MERCO AT AVENTURA" FINAL PLAT, BEING A PLAT OF A PORTION OF THE SOUTHWEST y.. OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA RATIFYING THE RECORDATION OF "ATRIUM AT A VENTURA" RECORDED IN PLAT BOOK 165, PAGE 95 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED (PB 144, PG 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. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DECLARING CERT AIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 2 FeRry 6, m ('JlIIIIIIiBim Meeting I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, CONCERNING EARLY VOTING FOR THE MARCH, 2007 CITY OF A VENTURA COMMISSION ELECTION; PROVIDING FOR THE ELIMINATION OF EARLY VOTING FOR THE 2007 CITY COMMISSION ELECTION, IN THE EVENT THAT THERE IS NO MORE THAN ONE CONTESTED COMMISSION SEAT RACE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. 6. ZONING HEARINGS: None 7. ORDINANCES: FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3301 NE 213 STREET KNOWN AS WATERWAYS PARK, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF A VENTURA BY AMENDING THE ZONING DESIGNATION FOR A 7.0 ACRE PARCEL OF LAND LOCATED AT 3301 NE 213 STREET, KNOWN AS WATERWAYS PARK AND MORE P ARTICULARL Y DESCRIBED IN EXHIBIT A, FROM MO, MEDICAL OFFICE DISTRICT, TO ROS, RECREATION OPEN SPACE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 3 FeRry 6, m ('JwnmiBim Meeting B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-171(e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS - PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, SUPPORTING THE CREATION OF A PERFORMING ARTS CENTER FOR THE CITY OF A VENTURA; AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE IMPLEMENTATION REQUIREMENTS INCLUDING THE FUNDING, DESIGN, CONSTRUCTION AND OPERATION OF THE PROPOSED PERFORMING ARTS CENTER; AUTHORIZING THE CITY MANAGER TO REQUEST THE MIAMI-DADE COUNTY COMMISSION TO REALLOCATE THE COUNTY'S GOB BOND PROGRAM BUILDING BETTER COMMUNITIES FUNDS DESIGNATED FOR THE CITY FOR THE PERFORMING ARTS CENTER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT 4 FeRry 6, m CcmniaimMeeting SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP MEETING COMMISSION MEETING FEBRUARY 21, 2007 MARCH 13, 2007 9 A.M. 6 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of A ventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 5 ~ ~, ~ MINUTES CITY COMMISSION MEETING JANUARY 9, 2007 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 6:05 p.m. following the Local Planning Agency meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Harry Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led during LPA. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mr. Soroka announced that this is Police Chief Thomas Ribel's last meeting as he is retiring and thanked him for his over ten years of service to the City in that capacity. The following employees and volunteers were honored for their participation in the Holiday Toy Drive which Chief Ribel noted was an overwhelming success: Rita Noa, Ernie Long, Michelle Augustine, Una Gossy, Julia Curbelo, Donna Mussatto, Sonia Harrison, Mary Smith, Olga Burns, Gail Fishman, Judy Appelgren, Bonnie Gittlin, Danielle Gittlin, Larry Thornberg, Ellen Thornberg, Bernie Gordon, Delores Gordon and Ana Maria Gordon. Ten-year employee service awards were presented to James Cumbie, Glenn Kaptaine, Alan J. Levine and Ana C. Theallet (not present at the meeting). 5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5-C. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Stern, seconded by Commissioner Weinberg, unanimously passed and the following action was taken: A. The following minutes were approved: November 8, 2006 Commission Meeting November 16, 2006 Special Meeting November 16, 2006 Workshop Meeting B. Resolution No. 2007-01 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 07-12-8-2, YACHT CLUB DRIVE MILLING AND RESURFACING, TO WEEKLY ASPHALT PAVING, INC. AT THE BID PRICE OF $253,357.00. 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. Mr. Weiss read the following ordinance by title which was approved on first reading: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 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. The following item was removed from the Consent Agenda and addressed separately: C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF PGAL IN ASSOCIATION WITH WILLIAM RAWN ASSOCIATES, ARCHITECTS, TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN AND PERMIT THE MIAMI-DADE COUNTY NORTHEAST LIBRARY BRANCH AND THE CITY OF AVENTURA PERFORMING ARTS CENTER RELATIVE TO RFQ NO. 06-9-22-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Diamond. Mr. Soroka explained this selection process. The motion passed unanimously and Resolution No. 2007-02 was adopted. 6. ZONING HEARINGS: None 2 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Weiss read the title to the following ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-171(e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Stern, and seconded by Commissioner 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. ORDINANCES: SECOND READING: PUBLIC HEARING: A. Mr. Weiss read the following ordinance by title and noted the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding meeting addressing this ordinance on July 11, 2006: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2005 EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Planning Director Joanne Carr addressed the Commission. A motion for approval was offered by Commissioner Joel, 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. 2007-01 was enacted. B. Mr. Weiss 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 3 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 Joel, and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed, The motion for approval passed unanimously by roll call vote and Ordinance No. 2007-02 was enacted, 9. RESOLUTIONS - PUBLIC HEARING: None. At the Mayor's request, Mr. Soroka provided an update on ongoing Capital I mprovement Projects, 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Mildred Husack, 20201 NE 29th Court; Reverend Will Keyser; Chief Ribel; Sheryl Berkowitz, 21385 Marina Cove Circle; and Tania Villa, 1980 NE 185th Street. 12. OTHER BUSINESS: Mayor Gottlieb announced the next Workshop Meeting is scheduled for January 24, 2007 at 9 a.m. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:02 p.m. Teresa M, Soroka, MMC, City Clerk Approved by the Commission on February 6, 2007. 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 MINUTES COMMISSION WORKSHOP MEETING January 24, 2007 9 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Harry Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. REVIEW OF PERFORMING ARTS CENTER BUSINESS PLAN REPORT (City Manaqer: Steve Wolf and Lynette Turner, of AMS Planning & Research, reviewed the Business Plan. Mr. Soroka presented a construction and operating financial plan. Also providing input to the Commission were Eric Fleiss, City of Miami Beach and Joe Adler, Gables Stage. CITY MANAGER SUMMARY: Consensus to proceed. 2. LEGISLATIVE PROGRAM AND PRIORITIES. (City Manaqer): Mr. Soroka presented a draft program for Commission review and discussion. CITY MANAGER SUMMARY: Consensus to proceed. 3. EARLY VOTING FOR CITY ELECTION (City Clerk): Ms. Soroka requested Commission direction concerning early voting and noted that City Code provides that early voting shall be provided for municipal elections not held in conjunction with County elections, unless the Commission determines that it should be eliminated or the schedule amended. CITY MANAGER SUMMARY: Consensus not to provide if, after qualifying, it is determined that an election will be necessary for only one seat. 4. CITY GUIDE PUBLISHING INC. - PUBLICATION OF CITY GUIDE (City Manaqer): Mr. Soroka advised the Commission that City Guide Publishing, Inc., of which Commissioner Michael Stern is a principal, intends to publish an Aventura City Guide and should the City wish to purchase copies, it would be necessary to authorize a waiver of the County Ethics Code, a process utilized for last year's printing of the city's Annual Report. CITY MANAGER SUMMARY: Consensus to proceed with waiver. 5. 21301 PROPERTY - APPRAISAL REPORT (City Manaqer: Mr. Soroka distributed the subject report. Abutting property owner Roy Lustig addressed the Commission. CITY MANAGER SUMMARY: No action necessary. 6. 2007 MEETING SCHEDULE (City Manaqer): A proposed schedule of Commission meetings for 2007 was distributed for review and consideration. CITY MANAGER SUMMARY: Consensus to proceed. 7. 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 10:50 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Resolution Approving Legislative Programs and Priorities for 2007 February 6, 2007 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission approve the attached Resolution approving the Legislative Programs and Priorities for 2007. This item was reviewed at the January Workshop Meeting. If you have any questions, please feel free to contact me. EMS/act Attachment CC01552-077 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2007 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura 2007 Legislative Program and Priorities, attached hereto, is hereby adopted. Section 2. The City Manager is authorized to take all action necessary to implement the purpose of this Resolution. Section 3. This Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner _' who moved its adoption, The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2007- Page 2 PASSED AND ADOPTED this 6th day of February, 2007. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: Nfht~ City Attorney 2 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES 2007 Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P .A. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2007 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 2. Provide property insurance rate relief for all homeowners and businesses. 3. Provide a dedicate revenue source to cities that are located within 1 mile of a facility that houses legalized gambling to offset police and road impact costs to the community. 4. Authorize detection devices at traffic signals of red light runners and the issuance of citations. 5. Adopt the 2007 Policy Statement of the Florida League of Cities. 6. Revise the property tax system without having any adverse impacts on the City's revenue amounts. The City of Aventura will seek financial assistance and grants for the following projects: 1. Funding for Stormwater drainage improvements. 2. Funding for Performing Arts Center. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Ci TO: City Commission DATE: January 26, 2007 SUBJECT: Resolution Waiving Miami-Dade County Ethics Code Restriction for City Guide Publishing Inc. Publication Transaction February 6, 2007 City Commission Meeting Agenda Item 5 ~ c.. RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution Waiving Miami-Dade County Ethics Code Restriction for City Guide Publishing Inc. Publication Transation. BACKGROUND I have been advised by City Guide Publishing Inc. that they intend to publish a City guide about the City of Aventura (see attached). The City would participate in the Guide by providing information and its logo. The only cost involved to the City would occur if we choose to purchase copies for distribution. It would be my recommendation that the City purchase 1,000 copies as the document could be distributed at events and public facilities. As you are aware Commissioner, Michael Stern, is a principal of the publication. The Miami-Dade County Ethics Code restricts an entity owned by a City Commissioner from contracting with the City to provide certain services. Pursuant to the County Ethics Code, the City Commission may authorize a waiver of the prohibitions of Section 2-11.1 (c) of the County Ethics Code upon finding that the waiver standards set forth in subparagraphs (3) and (5) of paragraph (6) are met. In the past, the City Attorney's office has discussed this matter with the staff of the State Ethics Commission and has determined that this transaction qualifies as a sole source exemption in accordance with the state law exemptions from prohibited transactions, as provided by Section 112.313(12)(e), Florida Statutes. That statute Memo to City Commission January 26, 2007 Page 2 requires filing of a written disclosure form in order to assert the exemption, but does not require a grant of an exemption by the City Commission. Accordingly, if the City Commission finds that the waiver standards of the County Ethics Code are met, they may do so provided a Resolution is adopted at a public meeting. This process was utilized last year for the City's Annual Report. It should be noted that Commissioner Stern cannot participate in the discussion of this item. This matter was discussed at the January Workshop Meeting. EMS/act CC01551-07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, GRANTING LIMITED WAIVER FROM PROHIBITION ON TRANSACTING BUSINESS WITH THE CITY, AS AUTHORIZED BY THE MIAMI-DADE COUNTY ETHICS CODE, IN ORDER TO ENABLE THE CITY TO PURCHASE MULTIPLE COPIES OF THE CITY GUIDE FROM CITY GUIDE PUBLISHING, INC.; PROVIDING FOR EFFECTIVE DATE. WHEREAS, City Guide Publishing, Inc. will soon publish a helpful City Guide to be widely used by residents, tourists, visitors, and businesses in the City; and WHEREAS, the City Manager desires to purchase multiple copies of the City Guide from City Guide Publishing, Inc., as soon as it is available, and may purchase subsequent City Guide publications; and WHEREAS, the transaction with City Guide Publishing, Inc., qualifies as a sole source purchase under the transaction exemption provided by the State Ethics Code at Section 112.313(12)(e), Florida Statutes; and WHEREAS, the necessity of the consideration of a waiver under Section 2-11.1(c) of the County Ethics Code is created by the circumstance that one of the primary owners of City Guide Publishing, Inc, (Commissioner Michael Stern) was elected to the City Commission of the City of A ventura in March 2005; and WHEREAS, the City Commission finds that it is appropriate to grant a waiver (the "Waiver") of the restrictions of Section 2-11.1(c) of the Miami-Dade County Ethics Code as authorized by subparagraphs (3) and (5) of paragraph (6), and specifically finds that: a. The publication services to be involved in the proposed City Guide purchase transaction are unique and the City cannot avail itself of such services without entering into a transaction which would violate subsection( c) of Section 2-11.1 but for a waiver of its requirements, and b. That the proposed transaction will be in the best interest of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Resolution No. 2007- Page 2 Section 1. Recitals. That each of the above stated recitals is hereby confirmed and adopted, including the specific fmdings set forth therein, Section 2. Prohibition Uoon Transaction is Waived. That the specific transaction by which the City Manager shall be authorized to purchase multiple copies of the City Guide from City Guide Publishing, Inc., once published and available, and for the purchase of the City Guide from subsequent publications of it (if desired by the City Manager) is hereby authorized, and a waiver of Section 2-11.1 ( c) of the County Code is hereby made and granted upon the basis described above. Section 3. Imolementation. That the City Manager is hereby authorized to take any necessary action to implement the purposes of this Resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon adoption hereof upon the favorable vote of two-thirds of the members of the City Commission. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb 2 Resolution No. 2007- Page 3 Attest: PASSED AND ADOPTED this 6th day of February, 2007. Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: M M Lt-f("') City Attorney Susan Gottlieb, Mayor 3 FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST LAST NAME - FIRST NAME - MIDDLE INITIAL OFFICE I POSITION HElD STERN, MICHAEL CITY COMMISlSIONER MAILING ADDRESS AGENCY OR ADVISORY BOARD 19200 w. COUNTRY CLUB DRIVE CITY OF AVENTURA CITY ZIP COUNTY ADDRESS OF AGENCY AVENTURA 33180 MIAMI -DADE 19200 w. COUNTRY CLUB DRIVE AVENTURA. FL 33180 HOW TO COMPLETE AND FILE THIS FORM: Parts A and B of this form serve two different purposes. Part A is for advisory board members who wish to use an exemption in the ethics laws that is applicable only to advisory board members. Part B is for publiC officers and employees who wish to use a sepa- rate exemption that is applicable when the business entity involved is the sole source of supply within the political subdivision. In order to complete and file this form: . Fill out Part A or Part B, as applicable. . Sign and date the form on the reverse side. . File Part A with the appointing body or person that will be waiving the restrictions of 112.313(3) or (7), Fla, Stat., prior to the waiver. . File Part B with the governing body of the political subdivision in which the reporting person is serving, prior to the transaction, PART A. DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER WHO MUST COMPLETE THIS PART: Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, including persons serving on advisory boards. See Part III, Chapter 112, Florida Statutes, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes, permits the appointing official or body to waive these requirements in a particular instance provided: (a) waiver by the appointing body must be upon a two-thirds affirmative vote of that body; or (b) waiver by the appointing person must be effected after a publiC hearing; and (c) in either case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) of (7) of Section 112.313, Florida Statutes. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable to an advisory board member. PLEASE COMPLETE THE FOLLOWING: 1 . The partnership, directorship, proprietorship, ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, is held by [please check applicable space(s)]: ) The reporting person; ) The spouse of the reporting person, whose name is ; or ) A child of the reporting person, whose name is 2. The particular transaction or relationship for which this waiver is sought involves [check applicable space]: Supplying the following realty, goods, and/or services: Regulation of the business entity by the governmental agency served by the advisory board member. 3. The following business entity is doing business with or regulated by the governmental agency: 4. The relationship of the undersigned advisory board member, or spouse or child of the advisory board member, to the busi- ness entity transacting this business is [check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Associate; ( ) Sole proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets of capital stock in such business entity; ( ) Employee; ( ) Contractual relationship with the business entity; ( ) Other, please describe: CE FORM 4A .. REV. 1.98 ICONTINUED ON REVERSE SIDE] PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY WHO MUST COMPLETE THIS PART: Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain employment and business relationships on the part of pub- lic officers and employees. See Part III, Chapter 112, Florida Statutes, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees. for more details on these prohibitions. However, Section 112.313(12)(e), Florida Statutes, provides an exemption from the above-mentioned restrictions in the event that the business entity involved is the only source of supply within the political subdivision of the officer or employee. In such cases the officer's or employee's interest in the business entity must be fully disclosed to the governing body of the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, jf and when applicable. PLEASE COMPLETE THE FOLLOWING: 1. The partnership, directorship, proprietorship, ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, is held by [please check applicable space(s)]: (X) The reporting person; ) The spouse of the reporting person, whose name is ; or ) A child of the reporting person, whose name is 2. The following are the goods, realty, or services being supplied by a business entity with which the public officer or employee, or spouse or child of such officer or employee, is involved is: MULTIPLE COPIES OF THE CITY GUIDE PUBLICATION 3. The business entity which is the only source of supply of the goods, realty, or services within the political subdivision is: CITY GUIDE PUBLISHING, INC. (NAME OF ENTITY) (ADDRESS OF ENTITY) 4. The relationship of the undersigned public officer or employee, or spouse or child of such officer or employee, to the busi- ness entity nlled in Item 3 above is [check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Associate; ( ) Sole proprietor; ( ) Stockholder; ( ) Director; <'>4 Owner of in excess of 5% of the assets or pital stock in such business entity; ( ) Employee; ( ) Contractual relationship with the business entity; ( ) Other, please describe: SIGNATURE DATE SIGNED DATE FILED FEBRUARY 6, 2007 FEBRUARY 6, 2007 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES s. 112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED $10.000. CE FORM 4A .. REV. 1.98 [CONTINUED FROM FIRST SlDE1 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Resolution Authorizing Execution of First Amendment to Miami Gardens Drive Connector Improvements Joint Participation Agreement February 6, 2007 City Commission Meeting Agenda Item 5 -.D RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the First Amendment to the Miami Gardens Drive Connector Improvements Joint Participation Agreement. The Agreement increases the County's contribution for the subject project to $1,996,170.58. BACKGROUND At the time, The City awarded the bid for the Miami Gardens Drive Extension project, due to the increased bid award amount, the Commission was advised that the original Joint Participation Agreement between the County and the City would need to be amended to provide for the additional funding (see attached letter dated September 14, 2006). The attached amendment revises the County's contribution to the City from $566,007 to $1,996,170.58. If you have any questions, please feel free to contact me. EMS/act Attachment CC01556-07 City of Aventura ~ tt~ ~ ~q,,~ e'q-l'" ~ &~~ Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager September 14, 2006 Ms. Esther Calas, P.E. Director of Public Works Miami-Dade County Public Works Highway Division 111 N.W. 1st Street, #1610 Miami, Florida 33128 Re: Miami Gardens Drive Connector Improvements Joint Participation Agreement Dear Ms. Calas: Thank you for your letter dated August 31, 2006 approving the City's recommendation to award the contract to the low bidder. As a follow-up to the City's request for additional funds in excess of the amount contained in the Joint Participation Agreement (JPA), I would respectfully request that the previous amount requested be revised. The JPA requires a fifteen (15%) contingency amount be included as part of the project funding to address unforeseen conditions. Based on the foregoing, the revised requested amount would be $1,735,800.50 plus $260,370.08 for a total of $1,996,170.58. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Eric M. 0 ka, ICMA-CM City Ma ger EMS/act Attachment cc: Gaspar Miranda, P.E. Sally Heyman, County Commissioner Tony Tomei, Capital Projects Manager CM01866-06 PHONE: 305-466-8910 · FAX: 305-466-8919 www.cityofaventura.com FIRST AMENDMENT TO AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA This First Amendment to Agreement is made and entered into this day of , 2007, by and between Miami-Dade County, a political subdivision of the State of Florida, herein referred to as the "County", and the City of Aventura, a political subdivision of the State of Florida, herein referred to as the "City". WITNESSETH WHEREAS, pursuant to Resolution No. R-1030-05, approved by the Board of County Commissioners of Miami-Dade County, Florida, on September 8, 2005, the parties hereto entered into an Agreement to facilitate the construction of a road improvement project in Miami-Dade County, (the "Agreement") to provide for the construction of a new four-lane roadway to extend Miami Gardens Drive from Biscayne Boulevard to the western terminus of the property line of the Aventura Landings Development in Aventura, Miami- Dade County, as more particularly described in the Agreement (the "Project"); and WHEREAS, Miami-Dade County and the Florida Department of Transportation have requested changes in the Project, including the construction of supplementary intersection and signalization improvements, and 1 WHEREAS, the cost of construction materials have considerably escalated since the original cost estimate for the Project was made over a year ago; and WHEREAS, unforeseen conditions were encountered in geotechnical tests associated with the Project, which increased Project costs; and WHEREAS, the Project costs the County is responsible to provide for now total $1,996,170.58; an amount that is $1,430,163.58 greater than the amount of $566,077.00 originally provided for in the Agreement; NOW, THEREFORE, in consideration of the mutual desires of the parties hereto, the following modifications are made to the aforementioned Agreement: Section 4. County Payments of Proiect Costs. The County agrees to provide funds in the amount of $566,007 $1,996,170.58, for eligible expenses as defined herein, incurred for the construction of the Project. This amount includes the fifteen percent (15 %) contingency addressed in Section 3. The County shall incur no liability for any costs in excess of said funding amount unless there has been a duly authorized increase approved by the Board of County Commissioners. The County funds available for this Project are specified below: Funding Source Road Impact Fee District 3 County Fiscal Year of Commitment Funding Amount $566,007 2004-05 $1.430,163.58 Charter County Transit System Surtax Funds 2006-07 2 Section 19. Citizens' Independent Transportation Trust Approval. Unless waived by action of the County. this Amendment shall only become effective upon approval by the Board of County Commissioners and the Citizens' Independent Transportation Trust (CITT) or. if not approved by the CITT, by the Board of County Commissioners reaffirmance of the award by 2/3 vote of its membership, all pursuant to the applicable ordinance. In the event the Amendment is not approved, the Amendment shall be null and void and be of no force or effect. Section 20. People's Transportation Plan Proiect Siqnaqe. The County shall furnish and install a Proiect siqn in each direction of traffic indicatinq that this Proiect is beinq funded by the People's Transportation Plan, in coordination with the City, in proximity to the start/end of the Proiect limits. Should MOT siqnaqe be required as part of the work. the Proiect siqn shall be placed an appropriate distance before the MOT signaqe ranqe. The Proiect siqns shall remain in place for the duration of the work or as directed by the Proiect enqineer. Section 21. Public Involvement. The City will provide information to property owners. tenants, and area residents, includinq business siqns, directional parkinq siqns, and schedules for maior work to be performed in the area. 3 In all other respects, except as herein amended, the original Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. HARVEY RUVIN CLERK OF THE BOARD MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: BY: BY: Deputy Clerk County Manager Approved by County Attorney as to form and legal sufficiency ATTEST: CITY OF AVENTURA, a municipal corporation of the State of Florida BY: BY: Teresa M. Soroka City Clerk Eric M. Soroka City Manager (Affix City Seal) Approved by City Attorney as to form and legal sufficiency 4 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN FIRST AMENDMENT TO AGREEMENT, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY RELATING TO MIAMI GARDENS DRIVE CONNECTOR IMPROVEMENTS JOINT PARTICIPATION PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City to execute and otherwise enter into that certain First Amendment to Agreement, as attached hereto, by and between the City of Aventura and Miami-Dade County relating to Miami Gardens Drive Connector Improvements Joint Participation Project attached. Section 2. The City Manager is hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon 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 Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2007- Page 2 PASSED AND ADOPTED this 6th day of February, 2007. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: Nhrt~ City Attorney 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit DATE: January 26, 2007 SUBJECT: Disbursement of Police Forfeiture Funds February 6, 2007 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $60,000 to construct additional supervisor offices from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment CC01553-07 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Thomas E. Ribel, Chief of Police DATE: January 4, 2007 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Construction of additional supervisor offices $60,000 Total Expenditure Request: $60,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Supervisor office space - This request is being made to spend up to $60,000 for a build out of additional supervisor office space and associated equipment within the current roll call area of the police department. The current office space allocated for supervisors needs to be expanded as additional supervisors have been added and their responsibilities have increased. The money used for the build out will include enclosing an area for offices, drops for phone, computers and electrical outlets, office equipment, desks and associated furniture. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: TO: BY: DATE: January 12, 2007 SUBJECT: Request of Merco Group at Aventura Landings I, II and III, Inc. for Extension of Final Plat Approval Merco at Aventura Plat (05-SUB-05 EXT) NE 185 Street at NE 28 Court, City of Aventura February 6, 2007 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission approve a resolution extending the time to record the "Merco at Aventura" Final Plat from January 1 0, 2007 to July 10,2007. THE REQUEST The applicant 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 January 10, 2006 by Resolution No. 2006-05. 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 December 27, 2006) BACKGROUND OWNER OF PROPERTY Merco Group at Aventura Landings I, Inc. Merco Group at Aventura Landings II, Inc. Merco Group at Aventura Landings III, Inc. LOCATION OF PROPERTY NE 185 Street at NE 28 Court (see Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 9.02 acres LEGAL DESCRIPTION A portion of the south ~ of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida (See Exhibit #3 for complete legal description) DESCRIPTION The plat for this property creates three parcels and dedicates public right of way to the City for the extension of Miami Gardens Drive. The applicant is in the process of constructing the road extension through its site. Administrative Site Plan Approval was granted to this site on January 27, 2004, revised on January 5, 2005, for construction of one 205-unit, 17 to 19 story residential building on the parcel lying north of the road extension and one 138- unit, 11 to 13 story loft-style building and 62 3-story townhomes on the parcels lying south of the road extension. The City Commission granted final plat approval by Resolution No. 2006-05 passed on January 10, 2006. (See Exhibit #4 for approved plat) The applicant is requesting a six month extension of time to record the plat, from January 10, 2007 to July 10, 2007. No change has been made to the plat boundaries since the Commission's previous approval in January of 2006. The recording of the final plat has been delayed due to time taken to address technical comments from the City surveyor's plat review and new County requirements for final plat approval. 2 ~,=., I"""" t-I"" b..'\. ~tCt\'Jtl) ~~\'\ -1 1~~1 CO\A\II'U~\\~ I)t~t.\.O'll\At.~i Via Hand Deliverv December 27, 2006 Ms. Joanne Carr, Planner City of Aventura Community Development Department 19200 West Country Club Drive Aventura, Florida 33180 Re. MERCO AT AVENTURA I EXTENSION OF FiNAL PLAT APPROVAL Dear Ms. Carr: This letter will serve as our request to the City for a six month (6 month) extension of the Final Plat approval for the Final Plat known as "Merco at Aventura" which was approved by City Council on or about January 10, 2006. Said request for an extension of the final plat approval will allow us to proceed with the finalizing the processing of the final plat with the City and Miami-Dade County through recordation. The Final Plat is presently being reviewed by the City's consultant and we are working with them to address any final comments or changes which may be required to proceed to Miami-Dade County. Please be advised that the final plat, as approved by City Council, complies with City of Aventura and Miami-Dade County regulations and is consistent with the approved site plans for the subject property. Based on the foregoing, we respectfully request your department's favorable review and recommendation of this request for a six month (6 month) extension of the final plat approval. Should you have any questions or require additional information, do not hesitate to contact me at (305) 779-5372. EXHIBIT 1 OS-SUB-OS EXT Antonio . Castro Chief Financial Officer 6701 Collins Avenue' Miami Beach, FL 33141 0 P: 305 779 5353 . F: 305 779 5365 . www.mercogroupinc.com BROWARD COUNTY I''''''''''''''''' .' DADE COUNTY .1 :. :. :. :- -. :. .. :. :. :. :. '. :. ;. -. :. :. '. :. :. IVES DAIRY RD. :. '. :. '. :. :. :. :- .. , :. :1 :. '1 ~. :. :. :1 .. :- . '.. o :. :- :. :1 :- .- :. I. . :. : . '1 i. I. ;. -- c:i ::i m Z < UJ o o AVENTURA \?>\..\lO Fire fI 0 Rescu.e A.\'tnlu.ra Starion Library Aventura Mall 192 ST. 192 ST. ~ :J: W X o ;: 191 ST. Loehmann's Fashion u.i Island ~ ~ -.l m Z U) o o .. -- -:T. "SITE" I MIAMI GARDENS OR. .. .. .. .. .. .. . .:~~!li\;! · . 1':.:. /~'~i,{ .;'C." -..... .......... r1~-tt't:'?~ LEGEND -" ..... <,....,' A/lanJic . Ocean Roadways City Boundary ZIP Code Boundary Railroad ...... .~,;. ]jj;,.;"t #i~, EXHIBIT #2 05-SUB-05 Exhibit" A" EXHIBIT 3 OS-SUB-OS Tract" A" The North 310.86 feet, of the following described property: A portion of the Southwest 1/4, of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Begin at the Southwest corner of the Northwest 1/4, of the Southeast 1/4, of the Southwest 1/4, of said Fractional Section 3; thence N89deg59min26sec W, along the South line of the Northeast 1/4, of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 80.21 feet; thence NOOdegO 1min45secE for 310.86 feet to a point on a curve (said point bears SOOdeg08min 15sec W from the radius point of the next described circular curve); thence Southeasterly, along a circular curve to the left (concave to the Northeast), having a radius of 694.69 feet and a central angle of 00deg06min30sec for an arc distance of 1.31 feet to a point of tangency; thence S89deg58minl5secE, along a line parallel with and 20.00 feet South of as measured at right angle to the North line of the South 1/2, of the Northwest 1/4 of the Southeast 1/4, of the Southwest 1/4, of said Section 3, for 431.94 feet; thence SOOdegOOmin45secW, along the Westerly Right-of- Way line of N.E. 28th Court and its Southerly prolongation as recorded in Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County, Florida, for 760.62 feet; thence N89deg59min25secW, along a line parallel with and 449.91 feet South of, as measured at right angles to the North line of the Southwest 1/4, of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 346.87 feet; thence NOOdeg46min52secW, along the East line of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami- Dade County, Florida. Tract "B" The South 449.91 feet, of the following described property: A portion of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Begin at the Southwest comer of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence N89deg59min25secW, along the South line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 80.21 feet; thence NOOdegO 1 min4 5 secE for 310.86 feet to a point on a curve (said point bears SOOdeg08min15sec W from the radius point of the next described circular curve); thence Southeasterly, along a circular curve to the left (concave to the Northeast), having a radius of 694.69 feet and a central angle of 00deg06min30sec for an arc distance of 1.31 feet to a point of tangency; thence S89deg58minl5secE, along a line parallel with and 20.00 feet South of as measured at right angles to, the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 431.94 feet; thence SOOdegOOmin45secW, along the Westerly Right-of-Way line of N.E. 28th Court and its Southerly prolongation as recorded in (Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County, Florida, for 760.62 feet; thence N89deg59min25secW, along a line parallel with and 449.91 feet South of, as measured at right angles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87 feet; thence NOOdeg46min52sec W, along the East line of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami-Dade County, Florida. Tract "C" A portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Northwest comer of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence run S89deg59min25secE along the North boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, a distance of 90.17 feet to the point of intersection with East Right-of-Way boundary of Northeast 28th Court as described in that certain Right-of-Way Deed to Dade County, filed on September 10, 1968, in Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County, Florida, being the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence run SOOdegOOmin45secW along the aforesaid described line, a distance of 361.28 feet to the point of intersection with a line that is 300.00 feet North of and parallel to the South boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said F~actional Section 3; thence run N89deg57min54secE along the last described line, a distance of 200.28 feet to a point, said point being 46.75 feet West of the East boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional 3; thence run NOOdegOOmin45secE along a line that is 200.28 feet East of and parallel to the said East boundary of Northeast 28th Court, a distance of 361.18 feet to the point of intersection with the North boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence run N89deg59min25secW along the last described line, a distance of 200.28 feet to the POINT OF BEGINN1NG. And That portion of a 70.00 feet wide Right-of-Way for NE 28th Court as described in Official Records Book 6068, at Page 160 and Page 162 of the Public Records of Miami-Dade County, Florida, lying South of the North line of the East Y2, of the Southwest 1;4, of the Southeast ~, of the Southwest ~, of Section 3, Township 52 South, Range 42 East City of Aventura, Miami-Dade County, Florida. ALSO KNOWN AS: A portion of the East Y2 of the Southwest ~, of the Southeast ~, of the Southwest 1;4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida being more particularly described as follows: Commence at the Northwest corner of the East Y2 of the Southwest lit, of the Southeast ~, of the Southwest lit, of said Section 3, then S 89deg59min25secE, along the North Line of the East 'i2, of the Southwest lit, of the Southeast ~, of the Southwest lit, of said Section 3, for a distance of 20.17 feet to its intersection with the West Right-of-Way Line of Northeast 28th Court, as described in that certain Right-of-Way Deed to Miami-Dade County, filed on September 10, 1968, in Official Records Book 6088, Page 160 and 162 of the Public Records of Miami-Dade County, Florida, said point also being the POINT OF BEGINNING of the hereinafter described Parcel of Land; thence continue S 89deg59min25secE, along the last described line, a distance of 70.00 feet to its intersection with East Right-of- Way Line of said Northeast 28thCourt; then S 00deg01min45secW, along said East Right-of- Way Line of Northeast 28th Court, for 361.33 feet; thence S89deg57min54secW for 35.00 feet; thence SOOdegOlmin45secW, along the centerline of said Northeast 28th Court for 52.76 feet; thence N 89deg59min25secW for a distance of 17.92 feet; thence S 00degOlmin45secW for a distance of 13.84 feet; thence N 89deg59min25secW for a distance of 17.08 feet to its intersection with said West Right-of- Way Line of Northeast 28th Court; thence NOOdegOlmin45secE, along said West Right-of-Way Line of Northeast 28th Court for 427,95 feet to the POINT OF BEGINNING. Containing 9.00 Acres more or less. LESS (Dedicated Right-of-Way) A Portion of the Southwest ~, of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: COl\1.MENCE at the Northwest Comer of the East Y2, of the Southwest ~, of the Southeast Yt, of the Southwest l~, of said Section 3, thence S 89deg59min26secE, along the North Line of the Southwest Yt, of the Southeast Yt, of the Southwest Yt, of said Section 3, for 20.17 feet to the POINT OF BEGINNING of the hereinafter described Parcel of Land: thence N 00deg01min45secE, along the West Right-of-Way Line of N.E., 28th Court as described in Official Records Book 6088, at Page 162 of the Public Records of Miami-Dade County, Florida, for 95.75 feet to a point of cusp of a circular curve to the right, concave to the Northwest; thence Southerly, Southwesterly and Westerly along the arc of said curve, having for its elements a radius of 25.00 feet, through a central angle of 92deg42min27sec for an arc distance of 40.45 feet to a point of compound curvature of a circular curve to the right, concave to the Northeast; thence Westerly and Northwesterly along the arc of said curve, having for its elements a radius of 738.00 feet, through a central angle of 23deg06min37 sec for an arc distance of 297.67 feet to a point of tangency; thence N64deg09minl1secW for 100.03 feet to a point of curvature of a circular curve to the left, concave to the Southwest; thence Northwesterly along the arc of said curve, having for its elements a radius of 935.00 feet, through a central angle of 2deg03min28sec for an arc distance of 33.58 feet to the Southeast comer of Tract "D", of BlSCA YNE COMMERCIAL, according to the Plat thereof, as recorded in Plat Book 143, at Page 38, of the Public Records of Miami-Dade County, Florida; thence S 00deg01min45secW for 77.09 feet; thence S64deg09minl1secE for 100.03 feet to a point of curvature of a circular curve to the left, concave to the Northeast; thence Southeasterly and Easterly along the arc of said curve, having for its elements a radius of 808.00 feet, through a central angle of 25 deg212min08sec for an arc distance of 355.41 feet to the POINT OF BEGINNING. 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BItICJlYJIE I COMMeRCIAL / (P... 143, PO. 38) I J I I I , I . 01. i~ ~[ - Z-~ T 3.~ ! ~; ~ i~ ~ [~ .~ I ~! 5 ~~ ~ l[ ; ~~ ~ ~ >: """" \ \ \ \ \ \ socroe'~~G#ll.) \ Sl)ll'05".....(CN,.C;UIJ\Wll \ (~~l___ \ --==:;~---------l ~ \ 'iCl : "~~g jlC" , .~~~~ ~i:= : i5>:~~ :==~ / t ~ j!~~,' >>p t..... :"!I / !:"':ilg't !! I ~!i~f~ ,/ i~lI;ig~ /' ------_......,. " ~ ;~ . ~ "" " ~, ~ ~~ 5 I I 0 . z " ~ 0 0 m d ; . ~ ~ g ~ 5~ ~ 5 9. . ~ g ! m ~ ~ i > ~ ~ g " 0 ~ ~ ~ ~ m > ~ ~_..-! ~II iH TRACT -COO 81SCAYNE COMMERCIAL (P...143. PO. 38) ~ o 3 ! ~ ~ I ~ ~ " .g , ~ 1 E"ST UNE Of THE S.W. 1/4. Of THE S.W. 1/~ Of SECTION 3-52-42 PlAT UMlTS NOO'46'52-W 440."' LEGAL) N . / / / TRACT -D"' BISCAYNE COMMERCIAL (P... 143, PO. 38) I ih I >i I h !~ I .. Sli.... , !'l~ ~~J I~~~~~i 1~.:I'-!"'~ 12",,~ I~~~~ '1!JlVl~ I~ ;Ei&:~ I .::::~1"'1 !j~ r~ ~ ~~ I I ~ NOO"01 40 361.1 YEASURED .. '" PLAT lMITS NOO'OO'~-r 351.18' (lEGAl) ~ UC EAST ~E OF THE 5.W. 1/4. ~ O! I ~ _ _ -'V-- _ _ _ EF~S-~-_Y~ ~[_S.:!!....!L~_~~.!:.5~\.. _ _ _ _~. N~THEAST CORNER OF' THE S.[. --./11 I NOT SUBDIY1DU 1/4. Of THE S.E. 1/4, Of s.w. PORTION OF THI! S.L 1/4, OF THI! S.E.1J4. 1/4 Of SECTION 3-52-42 ///"",- /r/ _- - - - ~'-'MiiERiGHT:'~ - I I // g ~ "S PER OFACIM. I I ,/ i I ~~ c- __m~~E~~."~~~_'~~::~~,-,,~____L~// ii1 rof!~~~5:b :~~l b~P : ~~~ ~r: : ~~~...!I I ti" ~ Ii. :~~;:ono I~~"~~ J t.r'l~ .. i r~::: = : ~;; ~ : ~~ ~ i ~ It , I , , , , , I , : , , EASTERLY RIGHT-Of-WAY UNE N.E. 28th CQlJRT (ornCl"'- RECORDS BOOK 6088. PAGE 160) i <l OF THE S.W. 114 OF ellCTION W2-42 780.1" (LE....., 710.55' (1IIEAS'U6)) PlAT lJIII1S 28th 31066' i 1ft .. ~ !i ~~ I :.Ill! ;3 i Uz ~~ " i} "ill;; 00 :<l> F;"" "'''''~ fllSjn "'~~ moo "'mz _~ 0 0 ii; "'>~ O""n "'21> "'cst'" -~~ ~~ ~~ o z ji- ~5! ~! ~ ;::)> );Ul ~a3 10 ~;;; ~~//II () z u~ ~~r ~)> ,h;; --< -0 !If; ~ ~ 011I' Od 1 ~~jJ }>O~ r'TJ" ~ :i "" c;)fTlV ~~l~ ~ ~ IJiI!' Z Ul O..!l G) ~ 1751 Z~ I!!!! ........ ~~l~ 'TJ Olili' QUl ~~ct : ~ I.... iii~ Ii. Z -i. .tld c! 0 lI9 j; ~ O..!l ~~ r-; ~~CI ~ g ltr,l fTl:i ~ 8 ~ Ih.. ~~" ~~ 'TJ~ rN o ;;ofTl Ci~ ?>;-i ~ ~" ~,,)> ~~_o > i:! c ~". ~ ~ 0" G'l ~%. "'3; ~ 5i niin 00 --t ~,,;:~>rri gg- ~:j~~~ ., N d~!"'" o ",~QO N. ~ o ~ (Jl ~5 . (/) ~u ~GJ VI o ." --J i' / / .48. / / i ;:itil~i " (oj It r>:Iii ' , ;;:at),' / ' .."tlJ""f,' f I4JJliig-"./ /' "~:ri__.~~C'-<> ____:+-// 7/ * Js, -('-? .c F--- />1 /~ .l,S,-f", / // / ~$ p. I Jo0.(: I! j 't!~ .g /!Y!!~ ~o: ~ ,j' /~o'$ B: '! /j /" e <', ;1 I ,0 ...........-:-;.;..-------.............., "-, ~~ I .]s. -<'.c / ~ P<1!. / TRACT "D"" .::; i l / BISCAYNE \ 0/ J ,f-, I " COMMERCIAL \ / '/ , ,,/ I (P.B. 143. 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INO r ~ : : ~~: :::J i i ,:.mNi 2 : : gJ~-:J I "1J I I to.) >!"'Oq I :: :1 ;tE~~ j :: <c. ~s: : i i ~~~ : : ~ ! :~~ : ~ i lAJ~~ i -- L_J t' --'?~,:1 35 : __Ln N ! : rn;;:: I i - - - J ~~ : ~:I: I i ~~ : .." ..., .@ ! q 'lJ"'O 1 ",,,1)r"~>~;~ lP&b.;oI>:"1P~ror'" -. ;:0 I I I I I II I I I II I 1< ;r~:?:i'1? i'g!!!!!g! ~ i~~!~~[i[~ii[i~ [~~ji~fi [~~~~~ [<>.a.OT~~~ o~~gg~ )o!i~~g,~j;I ~g"~!m ~~~~lr H H~ :3! ~ g ~ "tl ~ r r~. ~i T "" ~ ~ ~ 1 ~. ~~l g s: uC:!;. W;! fi! ~~g ~i~ ~~i a.a ~ ~g ~.g [~~ . -, ~~; f~~ o-z gs:* ~:~ ~1 0 S:~_:E' ~~1 ~~ ~--l 0:>- ~;= E~ [~{ ;~ 3 C"'fT1 ;1 [~~ '" a s-s:" ~~ ?a! H!H ; a ~ ll~: ~~~~;- ~ g i ~'i Q - -'0- ~~;~i [: i ~~ ':< ~ 0'0 i ~Hi . n :x ~:s.;!::o ':'; ;t~~I:t~ ~ ag,. ~o ~ !~I ~ ~ ~ ~[~;~ s:l ;tml..~ I.. ~.~ ~ ~ 8-11 am !il [; ~~ ~ f~;lo-~ ,., Ta:a ~ml C8..,,, ~~~~ ~ ~Jl~ !.l? '~N :;g.8 "'('i'~ ~I ;1 ~I I , , lll~l\~z ~..~~~ c;EI~~~ ,.liiil~:i:~ -:w ,6 l::. gill... z " . -ICl~ 'I~~g ::=5n J.~~ ......n6-t "" - "D~.:I g I ~?> ~ ~ ~~II~~~ ~~ .:::: ~ -- ~i: . ~ 05;j :i=:;o e~ I ~~; ~ ~,~ 8 ~n~ ~ @ i~~~ ~I~ ~!~ ~ J~~~ e:~~ 0 ~Cr:' I.!:;:!. g _~~~ or :g~ , ~~~ ~~f; 1 ~~> I : I ~~~ o ill '"oC i r~/"' j: , _ Y'-'''''''~ - i 1 - ~ -- iJ i)_l-' ~'~ mmm_h___.::_.::t.::_ _.=._.=._J .;/; ~2g26~"E g .<) SOO"O,'4S.W 214.90' : -1l~ I / 1'.. PLAT WAITS ~: I / 1 ~ NE 28th CO~_ -~~ /--- l!!l - - SOO~"45'''-''''- V509,- : c~ : // ~ r (70 AV;~e:~grAlW"'r ~: I ... /' 1-4 ~ .lh~E~~~~_":~~~A~~6IJ~__m___.L_i-f ~ I u_______ ~~~~~ ~~~~~ .. ~ . ;;. a~ t U T ~_'~ ! 2:3 > ~- ~ ~~ ~ !; ~ f~ a ~ [ a. ;" i~ ~~ ~a .. o ~g i::1 9: i~ ~~ "0 ~~ ~ t=; ~ ~ !~ ;; ; ~ ~ ~ 8 ~* 3 5' il ~ ~ ~ ~ 9: ~ ~ i ~ ~ ~ B ~ ~. ~~ ~ ~ :::u ~i' i [~ ~ .f ~ ~ ~ [ j ~ 9. .. , o ~ ~ ... [ Otl ~ .. ~ 1 ~ ~ m ~ TRACT "0" BISCAYNE COMMERCIAL (P.B. 143, PG.38) IO'U.E. ~~ ~:::J :;::.; >"'~ ,. 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D ~ ~.~ ~ J g'~ ~ - ,0 ~ ~ J . 0 g , ~ - [ ?~ ~~f ~~~ ~~~ ~. , !~[ ~~g gf~ ;-~ cr ~';:-~ ~~g M 0 ~J[ }~~ t~: . 0 ' g;~ :~~. f~ i' f:~ [~i;~ ]g~~: ~;;.~r mil !1m ~ ~~:~~ 5.., q'" 0;" 'HH ; " g ~ ~-!a~ " gg ~ J: b~2.~::O ~ ~ Qi ~m ~ ~~. ,8 -< i~! I" :::tlv} !!;lO ~ ~i::';~ ~ ;~CJII"-~ ::::0 ~~~ ~ ~ g[j!~ ." ~"'oo m 'i! Q"'Z ~ t~~i ~ ~ ~r;i =<h~i g ~jl) ~ fr~s;,> i~? ;n irli- ~; [~i ' ~ ;~ ~ ~~ 0.' ~~! o~ 0< II 1H ii -., *~ ~ ~ ~~ i ~ ,,5" 5 ~ i~ o _, ~! ~~ . . w. I ~~ M ~~ 0 .""5 0 TRACT .C. OM ~ ;;UJ"a ,g~ meO BISCAYNE ~ '11:11 COMMERCIAL M .0 n "g-f (PoB. 143, PO. 38) 0 .!::l< ! ~. ~ 0 0 ...c:;;r- I j:lo; s:. ~Zl 0' 0 .0 Cc , ~~E ~ gn~ " ::i~~ .etlll<1 ~~ / / s:;:)> );Ul s:;:c T~ ~;; ~~UI' ~ 0 :p~ z"" 1l!""'lI! .::i ~ Iii ""0 U;~ 5 ~ LIfttI ~ 0 t."iffJ ~~,~ r"" "'~ ~~O )>Ul 5~l~ gJ~U!P ~~ Lti " ~~l~ (") .." IJi!!" - Ul ... ::<8~ ~l:~flI f. ~-.., lhlJ ,~o~ ~I ~~ ti ,o;'g,'{n ~ ~ Uj!, ~: ~ (]I ,f!!!t aITN~ ,~gL~ Ir'l~t.~ 8~l~ ~ ~ IJi!!" ~~ ""-1>- 5N Alf'l 0)> )>Ul ':-1 " o !ll~ ,-fO %z mo !"... z ~~o .. m-f ;;coco o:ei .... g co..- m;;:!5 n- g a!lllll Z-f ....% ...m ..co /r.in ":' i- .." o " !i2 V> '" ~ V> Z "'.., "'co V>'" ~o "'~ ~~ Iii n " 1: I ::l o z ~~ 0' "., z "' 58.: ~.~: ~ u:, O.j :::E ~I 8.' ~ , ~~~ ~~~ ~:~ .. " ~5~ 00';: ;;~ ~""~ ~~~ ~~~ SOO'On5"W 1<4-.3.32' " o 0:11 ...-f -10 %z mo !""'z ~~o ~m= o!"c: ...~g co..- m;;:!5 n. g -fom o...g Z-f ~~ ..co .300.00' 1>--e~. i- '.., ~~ ~Q lOVE. o ... -f %" mo ~;~ . O-f ~ZCI.I .oc: 0"'11I "'-f" ..%:;: mm- n.." -f. m O!"" z.. ....i- ... .. /r. .. ~ , I ~e; I ~~;;f1 :~: ~ ~ I ~.. M ~. ~~ ~ ~ I~~~~ i ~;\ ~ , I " , ;.,"'I! u OJ '" ~ :,. "!. , , , , , , , L________ ~ ~" 8~9 ~~~ ~ i n~n ....0< m ~~~~ el 2:.......mCf.l .NS~ ~ ~l< ~?5 .-< z (') ;; c ~ ~ 35' I~ "I /C b r",/ I E~ ~;:j I ::J~ ~~ " g~ "Ii! ';:! ~~ ,,' ~ NOO'01 '450E ~, ~ '& NORTHE:AST CORNER OF THE I;:;: S.L 1/"'. Of THE S.E. 1/<\. Or :2J . Of THE S.W. '/4 OF SECTION 3-52-42 ----------- I I I 361,17' , , PLAT UMITS I EAST UNE OF TI-lE S.E. 1/4. Of THE S.L '/4. 1_ - - --1r- - - - _1l:!E~-0 .9F SECnO!:l.:-5~ _ _ _ _ -- , U; l;} )> ~~ 6 ~c ",Ul ." -f o~ ~ o o (]I (j) ~u ~G) (J1 o ." -..j NOT SUBDIVIDED PORTION OF THE S.E. 1/4, OF THE S.E. 114, OF THE S.W. 1/4 OF SECTION 3-52-42 , 0 @ \ &;~> , ~, ~(Jl iPg e-."'0 ~C , , , , , , , ,~ 000 ~!f if om Bl l-<~ 000 ~oso :.. ~~~~. r~~ ~~6l ~~ 3" ....- ~~: O~ ~ Z ~j=' a~ ,. .0 ~ ~ ~al' g~ ~- ~;;' ~~ : :r... ~~ [.~ ;~!J "I ~ ~ . o ' ~ ~~ I zm 0 1------- ~ ~ ~! L_______ 3 ~ ~ TRACT "C" BISCAYNE COMMERCIAL (P.B. 143, PO. 38) s<'Ili)s> '!'JO~9it- ~ow j g 3 ~i~ ~gg =- g: ~ ~~:r H~ Hi :!l!2. 0 ~~~ 00 ;~ .3 g~ .~~ ~o o ~ ~g ~~ r [fi;g g3~"8 ;~ !.~:;t ...",,!>9,a [ i % !~ ,-Big 5=0'<<0'" HiH ~i~i~ i~n! '.,c Q ~o i nti ~. gg [],l :J: b::V~;;;1:::C '< ~3al am ill ~ll",.,8 ~ i~l ~ ~ ~ ~[~I:~Z Z 0 T5-~~ g ~~[I ~ ~ g:g o.~ o 9'1~;:: ",,0.-';- m :i! i~;~~ ri ~hl " ~iiil ;u f!l, -c ~-~ !,~p a~ c ~~:wx ~10'U_E ~":::S:d ~~; ~r ~~;p~~~~~~~~~?~~;g 2~ '" ~ i 8001< 6008 PAGE 160) I N E 28th::;: COURT o'i0061~L27~ n G ~ ~!t~! , 35 :------- - ~.~;~~ , , NOT SUBDMDED : PORTION OF THE S.Eo 1/4, : OF THE S.W. 1/4 OF SECTION 3-52-42 , , , , , , , ~~0 ~~. ~~iii ~o" ~;e:~ ~~~ ~~~ ~< --------------------------~--- ~g ~~ ~~~ ~~c ~~~ ~~~ 'm~ ~!'1"" .z :"'iE ~~ PORT WILLIAM SUBDIVISION (P... 127, PG. 46) ~~~ ~~g ::R:2~ ~~~~ e~~; Qr"'I~ ~zm (,<-1~ ::; g .~ c~ ;,~124..37' ~~ S ~~q i< 'lI I~= 'i!0 IIIIZ & I "'~Z ~ ~;!o ~ _11I-101 ~.CIt ,; ~1Ei . 0 IH< n-a g~m Z i! * ~ In c. Not O!. tin ~ 'lI o ~!!l d~ In 0 1II "''''z :li!o ~rn= o"'c: ...:11 lC~s ~olil 0...0 zi! 'r'In J:,. JOO.OO' 1r--t!" .. ~ :;; ~ iJ~ ~ ~!~;:J ~~~~ ~ ~> ~~I"l"O ~~~! ~~~ ~~;~ c~oC ~-l ~ ~ ~ f ~~ IIw.iZIIl O. !'lg 2""~ 11'~~~ I~Yl!'l li~~" ~~~~ : ~~ LJ , I j ~~ ~Q ~~ w. ~~ ~~ ~r 0; -. Jl~ ~~ ~( If i ~~ ~ o. , ~~~ ~~~ f~~ o ~H .~ ~[ if .., '" '" ~ ~ I 10'U,(. ;.... L________ " .+ , PLAT LIMITS $ ,~ I EA.ST UNE Of lliE ~ NORlliEAsr CORNER OF THE I;:': ~E.1AOfMSLIA . ~.1~,OfM~E.1AOf . r-- - - -----1--- _ _ _ _ T!:E ~I!::r SE:CT1~ ~-5~ _ _ _ _ _ _ _ _ _ OF THE _S.!, ~Of_ ~C~-~~~ , ' , ~~o NOO'01'4S"E 361.17' o e: i NOT SUBDIVIDED PORTION OF THE S.E. 1/4, OF THE S.E. 1/4, OF THE S.W. 1/01 OF SECTION 3-5242 ~ q ;.; .' IS' ~~ ~~ i 00'" 2.~ og ~~ 5"2. ~o ~ ~ M ~ g:i :l ;I~ ~ ;~ ~; ~ H ~~ 9i~ 9,,3' J1~ ~. ~I '" Ii 00 "'''' .....0 ~~ !:;() ;~ .J ;1 ()z >'" ::Jill ~!!l / / ~> >Ul ~c T:?;l ~~ g6jjll ()z u~ go lP~ z" U'"'1i! :I> ~w - -0 ~JI "0 I!! 5 ~ l.... ~~L~ ~~ C'2 ~~O >Ul zo ~ ~~~ fTl ~ "" z Ul ...!!I (; () C) -4 Lr.;;! ~~z~ I!!! 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Z ~~ t; .0 R ~ ,', ~~O ~>>Z / 0 (31 f I % 'i 1 / / Ifj , , , I ,o1'~J"s' / / / ,Js, ! I ~. // 4$/1 / / ~ I I I (Ii fft; I I g ,..."'r:,q / / i' ~j/(i,/ 1" 1,// '? I i ,- f' $' // 1) -; ~q/ / ::'t" ~I €>"tI:;5/ / (tl-li,ri;/ $,:'P:;"ll I '~fs ~I Cr~~&/ / - OJ ~fZVJ:;( I ~~~ 'tit 4t "''l~!! d~ ~I ...,[1 I ~yl~ 21 i---~~~~-~W~y - - - (7Q W1o~r~llgAL RECORDS ~~ '''.0' A~;ciR 'O~~':tGE ~~~RT .. I ~E==4'27~ \' ~ rsoo'0145W Pz>>W... .0' I ~~~~~ I 35' f ~. : I 1 I I 0 : 21 , < , m I I~ I ~i~ ! I' ~~: ! ~~~ i I ~i$l~ I 1 ~~! i 35' i , , , , , , , , , , : , IJ I...~..~I /~~ ~ . 11~ ~.~M~ 0:~~~~Ul ~...'~~~ ..~~ . ~1'4- M SUBDIVISION PORT WILL~~7 PG.46) (P.B. 'PLAT ~I~ S.W. 1/4 THE S.W. 1/4. . EAST u~ ~CT1ON 3-52-42 NOO'47'OS W I I .. o I~~ I i! ~ Z 111I0 m I ~;~ ~ 1. ...~ (Jl l ~:! i IOil- ". l:I 1._< 11'1I;;- j!!oli: 0"11" ,Zi! '~m It~ ,..... , i" JOO.OO' ~ ~~ "'0 iC Zz - :~ iil iI::.1~ . .... :11I. ".C Oil_ "'. l:I Mis !!" l:I oU Zi! ~m "'. till tr---.. ... i" NOO'O,'4S"E lOVE. E~ ~g ~~ f,l 11 , ~V1 ~ O~O;!l ~;~h "i'i-.c...,:.. ~~i~i ~~d~ ~~S~~ M~ '1 ~ ~ I __-+---_ r-- I I 361.17' :~ NER or mE ~ ( ~ NORTH"Z; ~ S.E '/j_';';_~ PLAT UMITS '" Of ~t'j:~."'/, Of_ ~c~ _ _ : Of THE ___ . EAST l~~ s.t. 1/4. ? _ _ _ _ _ S.E. 1/<4, ..()for SECllO!l ~~ _........... _ - ~E ~z. - - NOT SUBDIVI~~DTHE S.Eo 1/4, HE S.E. 1/4, 3-52-42 PORTION OF ~/4 OF SECTION OF THE S.W. ~ NORTH TRACT .C" BISCAYNE COMMERCIAL B 143 PG.38) (P.. , 2l '" ~ ~ rn ~ '" 2l ~ .~ ~ , 0- ~ ." ~ .., ... / / ;::)> ~Ul ~g 10 ~:s; ~~ UI~ 00 pi C"I!!_ ~)> IhP,l . "ll dfdl 5~l= ~~ft ," '8! I!! ~~O )>Ul : ~~ l~ !!l~O~ ZUlU UiQ G">--t ... '" - t!!!! ~~ ~~ l~ ~~ fT!"" () Ul .... ~~~ ~ ~ IIP.l o ~!"" II!~ Z-I _ i c!o ~ ;zl ~ ~ r.!!I r'i ~ ~ lItiI }~ ~ ,r-(t ~ I ~ " ~~ Ufi' 223.5;'.' OC 1 NOO.02'JO"E rr1 ~ 01... ~'18~ l~ a ~~" , ~G) 1- fT! ".t- 'N o ;OfT! 5Gi '1>.-1 52 B I ~ NOT SUBDlVID:~ 1/4, PORTION OF T:C;'ON 3-52-42 OF THE S.W. 1/4 OF ~~; a1: ; ., 3 8~1 ",-~ ::::~3" iH ~2 , ~l~ t! i~ ~ ~ i~ ~~ ~~ ~;~~ ;~ ;':K;-:1~ 2~ 2-i ~ ~~ i~ ~ ~~ .,joo- ~ [~ ~~ 8 ~~ ! ~ ~& :l ~ :J 0 ~ p;~ a ~ 05 ;! f ~i :-~. 5'~ ~i ;;: ~ )> a!~ C ~~p~ Ul g Ji~~;~ :r: U (J) Je.....~)o m rrI -i ~~a~::o rr1,.--...., .. Zt;~~ --.. ~ .I N ll~~".. o N~~-.....J o ;o~ (]1 ~c 0 ~ ." Z r> (i),..r. it-. .. ,.",,,,,:;",..' 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 Permit in connection with the application, as follows: Name Relationship (i,e, Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Omar Armenteros, P.S.M. Cynthia Caldevilla A. Cristina Pires Edwin Fernandez, P.S.M. Ricardo Rodriquez. P.S.M. Melissa Tapanes. Esq. Surveyor/Land Planner Development Consultant Development Consultnat Surveyor Surveyor Attorney at Law (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)(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 MY HAND THIS J * DAY OF "jA-NUt:r2.y PRESE E OF APPLICANT: OWNER: By: By: (Signature) Name: Omar Armenteros, P,S,M, (Print) Name: Tony Castro (Print) Title: Professional Surveyor & Mapper Title: C,F,O, of Merco Group at Aventura LandinQs. I. Inc, Address: Ford, Armenteros & Manucy, Inc, 1950 NW 94 Avenue. Miami, FL 33172 Address: 18400 NE 28th Court Aventura, Florida 33160 STATE OF FLORIDA) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared. Omar Armenteros, as the authori representative of the Applicant and/or the owner of the property subject to the application, who being first by me dul id swear or Irm 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 2- Y day of January, 200J @ ....'1."....':!,.......,tt.;' 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: (mark with "x' applicable portions only) [xl 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 are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [l 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; [ 1 iv, A City Commissioner or Board member is a Client of the Applicant or Representative; [ 1 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; WITNESS MY H APPLICANT: By: Name: Title: [ 1 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. ~ DAYOF JANV~ (Signature) Tonv Castr (Print) as C.F,O. on behalf of Aventura LandinQs, I, Inc, (Print) IS~DAYOF JItNVAfl,'j , 200]. PROPERTY 0 By: Name: Ton C s Title: as C,F,O. of behalf of** ,200J (Signature) (Print) (Print) "Mereo Group at AventuraLandings I, Inc, Mereo Group at Aventura Landings II, Inc, Mereo Group at A ventura Landings III, Inc, *The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested. Person" are defined in Section 2-395 of the Aventura City Code, WITNESS MY HAND THIS A DAY OF :rkkllfA'1,L( REPRESENTATIV" on Business Relationship Affidavit) , 200J By: (Signature) Name: (Print) Title: as C.F,O, of (Print) Merco Group at Aventura Landings I, Inc (Signature (Print) (Print) By: Name: Title: 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. NOTARIZATION PROVISION STATE OF FLORIDA) COUNTY OF MIAMI-DADE} ~ Before me, the undersigned authority, personally appeared f\ the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated ther n and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this d'3 day Of~, 2001 Nota Printed Name of Notary My commission expires: NOD\RY PUBUC-STATE OF FLORIDA ~. . Vivian Olano Co~ssion # DD430074 ExpIres: MAY 16 2009 Bonded Thru Atlantic Bonding Co I " nc. z.t1- DAY OF .:sarluaf\.{ 9~ Business Relationship Affidavit) ,200] (Signature) (Print) (Print) By: Name: Cynthia Caldevilla Title: Development Consultant Ford, Armen..t~ros & Manucy, Inc, . ..? By: ,-~,l;'';'' y~I . (Signature) Name: -A Cri;t~~~ (Print) Title: Development Consultant (Print) FO~CY' Inc. By: ~ (Signature) Name: Omar Armenteros, P.S,M, (Print) Title: President of (Print) Ford, Ar ros & Inc. By: (Signature) Nam: Edwin Fernandez, P,S,M, (Print) Title: Professional Surveyor & Mapper of (Print) rlford, Armenteros & Manucy, Inc, By: L JG ~ (Signature) Name: Ricardo ROdr~S,M, (Pnnt) Title: Professional Surveyor & Mapper of (Print) Ford, Armenteros & Manucy, Inc, By: Name: Title: (Signature) (Print) (Print) By: Name: Title: (Signature (Print) (Print) By: Name: Title: (Signature (Print) (Print) By: Name: Title: (Signature (Print) (Print) By: Name: (Signature (Print) Title: (Print) By: Name: (Signature (Print) Title: (Print) By: Name: Title: (Signature (Print) (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, NOT ARIZA nON PROVISION AFFIANT SWORN TO AND SUBSCRIBED before me this 2 ~ day of .J aY1tBr~ooJ 0# P"\, AliCIa M Morglldo ~ ~J . My Commission 00357168 ~" ~,. ~ 11- ,;,." ""err' Expires November 21 2008 '/ ( c.1'. ~ "" Printed Name of Notary 1/ / ~ I:. My commission eXPires~~t1t>cf STATE OF FLORIDA) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appearedCristiY18 :Pi res the Affiant, who being first by me duly swom, did swear or affirm that he/she executed this Affidavit for the purposes stated t~nand that '''; true and correct, /.~ - , AFFIANT SWORN TO AND SUBSCRIBED before me this 2 Lf day of :!i::Jnoal'j, 200] J':":I\. Alicia M Morgado . ~ . My CommiSSion 00357168 '\,.'"0,,,,; Expires November 21 2008 STATE OF FLORIDA) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared affirm that he/she executed this Affidavit for the purposes stated th eing first by me duly swom, did swear or FIANT SWORN TO AND SUBSCRIBED before me this 2-'1 day of January, 20 O.p:i ~(f~ Alicia M Morgado ~ ~ . My Commission 00367168 ,:~; . "i' 0",0 Expires November 21 2008 STATE OF FLORIDA) COUNTY OF MIAMI-DADE) Before me. the undersigned authority, personally appeared \ affirm that he/she executed this Affidavit for the purposes stated therein a (j t SWORN TO AND SUBSCRIBED before me this 2L\- day of 'JOO~ 200] ."r.' ~y,,_ AIiCl& IV! Morgado' ~ ~-~,." ~. \,I?, i My Commission 003&7166: ~""o!f.'ccii' ExpJres NOllember 21, ;WOO " Notary P. ic Sta~f Florida At Large ;JJj~A M tz4~1tIo Pnnted Name of Notary II '/.... /~ My commission eXPires~~~tf WITNESS MY HAND THIS ~ DAY OF Januor~ ,200], REPRESENTATIVE: (Listed on B,usiness Relationship Affid Vlt) 1 , ' (Signature) (Print) (Print) By: Name: Title: By: Name: Title: ttornev at Law Bercaw & Radell, PA (Signature (Print) (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, NOT ARIZA TlON PROVISION STATE OF FLORIDA) COUNTY OF MIAMI-DADE) RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "MERCO AT AVENTURA" FINAL PLAT, BEING A PLAT OF A PORTION OF THE SOUTHWEST Y4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Merco Group at Aventura Landings I, Inc., Merco Group at Aventura Landings II, Inc. and Merco Group at Aventura Landings III, Inc., by and through Application No. 05-SUB-05 received final plat approval by Resolution No, 2006-05 passed by the City Commission on January 10, 2006; 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. 2007- 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 "Merco at Aventura" more particularly described in Exhibit "A" to this Resolution is hereby extended from January 10, 2007 to July 10, 2007. 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 Luz Urbaez Weinberg Commissioner Michael Stern Commissioner Billy Joel Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2007-_ Page 3 PASSED AND ADOPTED this 6th day of February, 2007. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: W~ CITY A TIORNEY This Resolution was filed in the Office of the City Clerk this day of ,2007. CITY CLERK Resolution No. 2007-_ Page 4 EXHIBIT "An TO RESOLUTION NO. 2007-_ EXHIBIT "A" TO RESOLUTION NO. 2007-_ Tract "A" The North 310.86 feet, of the follo,wing described property: A portion of the Southwest 1/4, of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Begin at the Southwest comer of the Northwest 1/4, of the Southeast 1/4, of the Southwest 1/4, of said Fractional Section 3; thence N89deg59min26secW, along the South line of the Northeast 1/4, of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 80.21 feet; thence NOOdeg01min45secE for 310.86 feet to a point on a curve (said point bears SOOdeg08min 15 sec W from the radius point of the next described circular curve); thence Southeasterly, along a circular curve to the left (concave to the Northeast), having a radius of 694.69 feet and a central angle of 00deg06min30sec for an arc distance of 1.31 feet to a point of tangency; thence S89deg58min15secE, along a line parallel with and 20.00 feet South of as measured at right angle to the North line of the South 1/2, of the Northwest 1/4 of the Southeast 1/4, of the Southwest 1/4, of said Section 3, for 431.94 feet; thence SOOdegOOmin45secW, along the Westerly Right-of- Way line of N.E. 28th Court and its Southerly prolongation as recorded in Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County, Florida, for 760.62 feet; thence N89deg59min25secW, along a line parallel with and 449.91 feet South of, as measured at right angles to the North line of the Southwest 1/4, of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 346.87 feet; thence NOOdeg46min52secW, along the East line of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami- Dade County, Florida. Tract "B" The South 449.91 feet, of the following described property: A portion of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Begin at the Southwest comer of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence N89deg59min25secW, along the South line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 80.21 feet; thence NOOdeg01min45secE for 310.86 feet to a point on a curve (said point bears SOOdeg08min15secW from the radius point of the next described circular curve); thence Southeasterly, along a circular curve to the left (concave to the Northeast), having a radius of 694.69 feet and a central angle of 00deg06min30sec for an arc distance of 1.31 feet to a point of tangency; thence S89deg58minl5secE, along a line parallel with and 20.00 feet South of as measured at right angles to, the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 431.94 feet; thence SOOdegOOmin45secW, along the Westerly Right-of-Way line of N.E. 28th Court and its Southerly prolongation as recorded in (Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County, Florida, for 760.62 feet; thence N89deg59min25secW, along a line parallel with and 449.91 feet South of, as measured at right angles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87 feet; thence NOOdeg46min52secW, along the East line of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami-Dade County, Florida. Tract "C" A portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Northwest comer of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence run S89deg59min25secE along the North boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, a distance of 90.17 feet to the point of intersection with East Right-of-Way boundary of Northeast 28th Court as described in that certain Right-of-Way Deed to Dade County, filed on September 10, 1968, in Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County, Florida, being the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence run SOOdegOOmin45sec W along the aforesaid described line, a distance of 361.28 feet to the point of intersection with a line that is 300.00 feet North of and parallel to the South boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence run N89deg57min54secE along the last described line, a distance of 200.28 feet to a point, said point being 46.75 feet West of the East boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional 3; thence run NOOdegOOmin45secE along a line that is 200.28 feet East of and parallel to the said East boundary of Northeast 28th Court, a distance of 361.18 feet to the point of intersection with the North boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence run N89deg59min25secW along the last described line, a distance of 200.28 feet to the POINT OF BEGINNING. And That portion of a 70.00 feet wide Right-of-Way for NE 28th Court as described in Official Records Book 6068, at Page 160 and Page 162 of the Public Records of Miami-Dade County, Florida, lying South of the North line of the East ~, of the Southwest 1;4, of the Southeast 1;4, of the Southwest 1;4, of Section 3, Township 52 South, Range 42 East City of A ventura, Miami-Dade County, Florida. ALSO KNOWN AS: A portion of the East ~ of the Southwest 1;4, of the Southeast 1;4, of the Southwest 1;4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida being more particularly described as follows: Commence at the Northwest comer of the East ~ of the Southwest 1;4, of the Southeast 1;4, of the Southwest 1;4, of said Section 3, then S 89deg59min25secE, along the North Line of the East ~, of the Southwest 1;4, of the Southeast 1;4, of the Southwest 1;4, of said Section 3, for a distance of 20.17 feet to its intersection with the West Right-of-Way Line of Northeast 28th Court, as described in that certain Right-of-Way Deed to Miami-Dade County, filed on September 10, 1968, in Official Records Book 6088, Page 160 and 162 of the Public Records of Miami-Dade County, Florida, said point also being the POINT OF BEGINNING of the hereinafter described Parcel of Land; thence continue S 89deg59min25secE, along the last described line, a distance of 70.00 feet to its intersection with East Right-of- Way Line of said Northeast 28thCourt; then S OOdegO1 min45secW, along said East Right-of- Way Line of Northeast 28th Court, for 361.33 feet; thence S89deg57min54secW for 35.00 feet; thence SOOdegOlmin45secW, along the centerline of said Northeast 28th Court for 52.76 feet; thence N 89deg59min25secW for a distance of 17.92 feet; thence S 00degOlmin45secW for a distance of 13.84 feet; thence N 89deg59min25secW for a distance of 17.08 feet to its intersection with said West Right-of-Way Line of Northeast 28th Court; thence NOOdegOlmin45secE, along said West Right-of-Way Line of Northeast 28th Court for 427.95 feet to the POINT OF BEGINNING. Containing 9,00 Acres more or less. LESS (Dedicated Right-of-Way) A Portion of the Southwest 14, of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: C011JvIENCE at the Northwest Corner of the East 'l2, of the Southwest lit, of the Southeast lit, of the Southwest 14, of said Section 3, thence S 89deg59min26secE, along the North Line of the Southwest 14, of the Southeast lit, of the Southwest lit, of said Section 3, for 20.1 7 feet to the POINT OF BEGINNING of the hereinafter described Parcel of Land: thence N 00degOlmin45secE, along the West Right-of-Way Line of N.E., 28th Court as described in Official Records Book 6088, at Page 162 of the Public Records of Miami-Dade County, Florida, for 95.75 feet to a point of cusp of a circular curve to the right, concave to the Northwest; thence Southerly, Southwesterly and Westerly along the arc of said curve, having for its elements a radius of 25.00 feet, through a central angle of 92deg42min27sec for an arc distance of 40.45 feet to a point of compound curvature of a circular curve to the right, concave to the Northeast; thence Westerly and Northwesterly along the arc of said curve, having for its elements a radius of 738.00 feet, through a central angle of 23deg06min37 sec for an arc distance of 297.67 feet to a point of tangency; thence N64deg09minl1secW for 100.03 feet to a point of curvature of a circular curve to the left, concave to the Southwest; thence Northwesterly along the arc of said curve, having for its elements a radius of 935.00 feet, through a central angle of 2deg03min28sec for an arc distance of 33.58 feet to the Southeast comer of Tract "D", of BISCA YNE COMMERCIAL, according to the Plat thereof, as recorded in Plat Book 143, at Page 38, of the Public Records of Miami-Dade County, Florida; thence S 00deg01min45secW for 77.09 feet; thence S64deg09minllsecE for 100.03 feet to a point of curvature of a circular curve to the left, concave to the Northeast; thence Southeasterly and Easterly along the arc of said curve, having for its elements a radius of 808.00 feet, through a central angle of 25 deg212min08sec for an arc distance of 355.41 feet to the POINT OF BEGINNING. F:\DocumentslBarbaraIClient N amelMeruelo, HomerolMercoGroupAt A venturalLegal Descr Merco At A venturaFORD ] ] 21 OS.doc CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: TO: City Commission Eric M. Soroka, IC City Manager BY: DATE: January 12,2007 SUBJECT: Request of GM Atrium LLC for Ratification of Recordation of Plat (03-SUB-05) 3131 and 3161 NE 188 Street February 6, 2007 City Commission Meeting Agenda Item 5-~ RECOMMENDATION It is recommended that the City Commission adopt a resolution ratifying the recordation of "Atrium at Aventura" plat recorded on December 28, 2006 in Plat Book 165, Page 95 of the Public Records of Miami-Dade County. THE REQUEST The applicant is requesting that the City ratify by resolution the recordation of the "Atrium at Aventura" plat recorded on December 28, 2006. (See Exhibit #1 for Letter of Intent dated January 2, 2007) BACKGROUND OWNER OF PROPERTY GM Atrium LLC LOCA liON OF PROPERTY 3131 & 3161 NE 188 Street (see Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 4.31 acres LEGAL DESCRIPTION Tracts A, Band C, Atrium at Aventura, Plat Book 165, Page 95, Public Records of Miami- Dade County, Florida (see Exhibit #3 for recorded plat) HISTORY AND DESCRIPTION OF THE REQUEST On March 10, 2005, through Resolution No. 2005-09, the City Commission approved the final plat for Atrium at Aventura. The property was developed under a Declaration of Restrictions in lieu of Unity of Title but was subsequently required to plat the property due to the purchase of a portion of the canal from the Camden (formerly Summit) at Aventura property to the north and due to a dedication to the City of the promenade area along the canal. Resolution No. 2005-09 provided that the new plat be recorded within twelve months, namely, on or before March 10, 2006. Due to County approval requirements and a merger in November of 2005 of Summit Properties and Camden Summit Partnership, the plat was not recorded within the original time limit. The applicant requested and received one six month extension of the time, from March 10, 2006 to September 10, 2006, to record the plat through Resolution No. 2006-15 passed on March 7, 2006. As noted in the attached Letter of Intent, the applicant advises that once the extension approval was granted, the plat recording was delayed due to resubmittal requirements by the County, change of ownership of the property and review times. Recordation did not occur until December 28, 2006. City approval expired on September 10, 2006. Section 31-78(i) of the City Code provides that failure to record the plat within the time specified by the City of Aventura shall render the approval of the plat null and void. Due to the fact that the plat was signed by the City, was in recordation process at the County prior to expiry of City approval, the recorded plat otherwise complies with City Code and no change or additional requirements would be required of a new plat application, staff recommends that a resolution be passed to ratify the recordation on December 28, 2006 so that there is no question as to the validity of the plat under Section 31-78(i). 2 Greenberg Traurig EXHIBIT 1 03-SUB-OS January 2,2006 Joanne Carr, AICP Planning Director City of A ventura 19200 West Country Club Drive A ventura, FL 33180 Re: Atrium at Aventura Final Plat Miami Dade County Plat # 22033 Dear Ms. Carr: I am pleased to advise you that the Atrium at A ventura Plat was recorded in Plat Book 165, Page 95 of the Public Records of Miami-Dade County on December 28,2006. As we have previously discussed, the Aventura City Commission's approval of this plat has already expired but we respectfully request that you schedule the recordation of this final plat for ratification by the Aventura City Commission at its January 9, 2007, meeting. The recording of this plat was delayed due to VarJous reasons including the following: . The dedication of the promenade area along the canal to the City required revisions to the plat which, in turn, required that the tentative plat be submitted again to the Miami-Dade Plat Committee for their review and approval. . The ownership of the property changed during the middle of the platting process which resulted in further revisions to the plat and an overall slowdown in the pace of the project. · The City's review of the plat for signature purposes took over 15 months. The City Commission approved the plat on March 10, 2005, but the City Surveyor did not sign the plat until June 28, 2006. . Miami-Dade County's review of the plat for recordation purposes took over 5 months. . The spouse of the surveyor who prepared the plat passed away in April of 2006 which further complicated matters. MIA~l~Dg,I1lA1~eys at law 11221 Brickell Avenue I Miami, FL 331311 Tel 305.579.0500 1 Fax 305.579,07171 \Nww.gtlawcom Enclosed is an Opinion of Title which verifies that GM Atrium, LLC, is still the owner. The new legal description for the property will now be as follows: Tracts A, B, and C, of Atrium at Aventura plat recorded at Plat Book 165, Page 95 of the Official Records of Miami-Dade County. Please feel free to contact me at 305-579-0837 if you require any further information. ~~.-j~ Mario J. Garcia-Serra MIA 179510204v1 1/2/2007 Greenberg Traurig, P,A. BROWARD COUNTY ..-.-.-.-. DADE COUNTY :- :. '. :- :~ '. :. :1 :. .. :1 :. .. :. '. :. ;. :. :. :. -. IVES DAIRY RD. ' :. :. .. :. :. '. , :. :. I. . .. . ;II .. I :. I. . .. . .. . .. :. I .. I .. :. :- ~. :. I. . :. w :. 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APPLICANT REPRESENTATIVE AFFIDA VII Pursuant to Section 31-71 (b )(2)(i) of the City of A ventura 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 Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Archirecrs, Engineers, Lobbyists. Etc.) Clifford A. Schulman Attornev Mario Garcia-Serra bJtornev Albert Toussaint Surveyor (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}(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 INFORMA nON PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT 0 INCOMPLETE. WITNESS MY HAND THIS ~DA Y OF .::r C>.t1urAri ,2007. AUTHORIZED REPRESENTATIVE OF APPLICANT: By: X By: (Signature) Name: Name: (Print) Title: Title: Address: Address: r. /.Jm Lc..(L. & fl"r'-f. L-U!., It ~t:c It.., 'tkf Id'r:j n- (" ..J,f,j 111"""',:; */" STATE OF FLORIDA ) COUNTY OF ~[AMl BABE) dil. it"' 'ToJd f. G-J~. Before me the undersigned authority personally appeared Stull! ., R. I i..... the Applicant and/or the owner of the property subject to the application, who being first bed I that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. My commission expires: ". KAREN B. ANKNEY MY COMMISSION # DD 254795 EXPIRES: December 20 2007 tied Thru Notary Pub,c ur,a;,rwriters X SWORN TO AND SUBSCRIBED BEFORE ME this~ay of MIA 179523453v11/1212007 BUSINESS RELATIONSHIP AFFIDAVIT* TIlis 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: (mark with "x" applicable ponions only) (X] 1. Affiant does !l.Q! 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: APPLICANT: 'I By: Name: Title: By: Name: Title: (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 I % of total assets or capital stock of Applicant or Representative; [J ii. Member of City Commission or Board is a partner, co-shareholder (as [0 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; fJ 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; [J 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; [J vi, The member of the City Commission or Board is a Customer of th e Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. 'D THIS j S--J-).DA Y OF 3",(1.) V.r i 6l0eJ"T .~ (Signa/~e), i (Print) (tJ &d 6 .(W..;t'Q ~ (Print) HAND THIS J S' r J- DA Y OF ~ , 2006. (Signa/ure) (Prim) (Print) *The /erms "Business Rela/ionship." "Client. " "Customer." "Applicant. " "Representative" and "Interested Person" are defined in Section 2-395 of the Avenrura City Code. MtA 179523453v1 1/12/2007 WITNESS MY HAND THIS ~ DAY OF '(J(Af\Ul/-.f'-j ,2007. REPRESENT A TIVE: (Listed on Business Relationship Affidavit) It By: (Signature) By: (Signature) Name: Mario J. Garcia-Serra (Print) Name: (Print) Title: Attornev (Prim) Title: (Print) ~By: (Signature) By: (Signature) Name: Clifford A. Schulman (Print) Name: (Print) Title: Attornev (Print) Title: (Print) }< By: (Signature) By: (Signatllre) Name: Albe Toussaint (Print) Name: (Print) Title: (Print) Title: (Print) ~By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signatllre) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec, 31- 71 (b)(2)(iv) of the City's land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIA 179523453v1 1/12/2007 WITNESSMYHANDTHISKDAYOF ~l)~ ,2007. REPRESENT A TlVE: (Listed on Business Relationship Affidavit) X By: (Signature) By: (Signature) Name: Mario J. Garcia-Serra (Print) Name: (Print) Title: Attorney (Print) Title: (Print) )lL By: (Signature) By: (Signature) Name: Clifford A. Schulman (Print) Name: (Print) Title: Attornev (Print) Title; (Print) ~ ByQ1P~~ignature) By; (Signature) Name: Albert Toussaint (Print) Name; (Print) Title: Survevor (Print) Title; (Print) >' By; (Signature) By: (Signature) Name: Steohen V. Robison (Print) Name: (Print) Title: Managina Member (Print) Title; (Print) By: (Signature) By: (Signature) Name: (Print) Name; (Print) Title: (Print) Title: (Print) By: (SignalUre) By: (Signature) Name: (print) Name: (Print) Title: (prim) Title: (Print) NOTE: 1) Use duplicate sbeets 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. MIA 179523453v11/1212007 WITNESS MY HAND THIS --Z~ DAY OF ~()A{ZA(. 2007, X By: Name: Mario 1. Garcia-Serra (Print) By: (Signature) Name: __(Print) Title: (Print) By: (Signature) Name: (Print) Title: (Print) By: (Signature) Name: (Print) Title: (Print) By: (..<:;ignature) Name: (Print) Title: (Print) By: (Signature) Name: ___jPrint) Title: (Print) By: ___ (Signature) Name: (Print) Title: ____(Print) " By: (Print) Name: Clifford A, (Print) Title: Attorney (Print) )( By: (Signature) Name: Albert Toussaint (Print) Title: Survevor (Print) ~By: (Signature) Name: Stephen V, Robison (Print) Title: Managing Member _(Print) By: (Signature) Name: (Print) Title: (Print) By: (Signature) Name: (Print) Title: ______(Print) NOTE: 1) Use duplicate sheets jf 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. MIA 179523453v11/12/2007 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) >' SWORN TO AND SUBSCRIBED before me this 22 day of ~ 2007, ISOL R. GONZALEZ Public - State d Florida e-. SIp 17,2010 , DO 553129 By Natlonaf NotIIy _, Before me, the undersigned authority, personally appeared Clifford A. Schul duly sworn, did swear or affirm that he/she executed this Affidavit for the pu . oses state 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 be/she executed this Affidavit for the pUl'jJOS ted therein a that it is true and correct. f c-.J~ "f. SWORN TO AND SUBSCRll3ED before me this 24.. day 0 Printed Name of My commission expires: . MAAISO( R. GONZALEZ PuDIc . Slate d Florida e-.Sep 17, 2010 , DO 553129 By NaIIonII ~ AIM, STATE OF FLORIDA ) COUNTY OF MIAMI-DADE} Before me, the undersigned authority, personally appeared Albert Toussaint 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. X AFFIANT 1- SWORN TO AND SUBSCRlBED before mc this _ day of ,2007, Notary Public Slate ofFJorida At Large Printed Name of Notary My commission expires: ~.~JjJ' ~~- ~ Before me, the undersigne thority, personally appeared~4arig Qarsia Serra the Affiant being first by me duly sworn, did swear or affirm that he/she exec this Affidavit for the purposes stated therein at it is true and correct. X SWORN TO AND SUBSCRIBED before me this _ day of --------- MIA 1795234.5a'V"1111212007 Primed Name of Notar)' My commission expires: Notary Public State of Flori , --~ "'-". STATE OFFLORIDA ) COUNTY Of MIAMI-DADE) Before me, the undersigned authority, personalIy 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. X AFfIAl'iT }C SWORN TO AND SUBSCRIBED before me this _ day of ,2007. NOllUy Public Statc of Florida At Large Printed Name of Notary My commission expires: 5T ATE 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. 'X AFFIANT " SWORN TO AND SUBSCRIBED before me this _ day of .2007. NOlllly Public State of Florida At Large Printed Name ofNotllly My commission expires: -........--------------..------..--.........-...--..-------------..--....--..-----..----...-.-..-------.......-...------ STATEOFFLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Albert Toussaint the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the ~ )er~ and correct. AFFIANT Y. SWORN ~"B: o<Jo'o~y Pv",< <' " . . ~c.; ."'"OFf\.O Notary PUblic State of Florida Rose lenar Mv Commission DD550167 Expires 0512212010 . , co '0' ,'an""~ Notary Public State orida At Large RosE" 7,E"ni'lr Printed Name of Notary My commission expires: 0 5 / 2 2 / 2 0 1 0 STA RIDA COUNTY OF MI ------------------------_.._--------_..--_..._------..._-------~--.-- '~ ~. ~ :':1 Before me, the undersigne thority, personally appeared-MllnQ Q:aFGia ~etM the Affiant eing first by me duly sworn, did swear or aff1rn1 that he/she exec this Affidavit for the purposes stated therein at it is true and correct. )( SWORN TO AND SUBSCRIBED before me this _ day of Printed Name ofNolary My commission expires: MIA 179523 11/1212007 STATE OFFLORIDA ) COUNTY 0Fl.~ \Ill P WE) i)1I.er Before me, the undersigned authority, personally appeared Tod sworn, did swear or affirm that he/she executed this Affidavit for the purpo who being first by me duly t it is true and correct. x SWORN TO AND SUBSCRIBED befo e "';;,~';"'" KAREN B. ANKNEY ~~<""'ll>!f;~ MY COMMISSION # DD 254795 k: . J EXPIRES: December 20, 2007 '0;, , . Brfi'ded 111ru Notary Public U~lWriters STATEOFFLORlDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being flfSt 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 .2001. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE} --.--...---..----............-..-........--------.........................---....--------_..._..._---...........-...........-......__..__..._-_.._-------~---------_..._----..-..--......... Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affl11l1 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 .2001. Notary Public Stale of Florida At Large Printed Name of Notary My commission expires: STATEOFFLORlDA } 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 .2007. Notary Public State of Florida At Large Printed Name of Notary My commission expires: MIA 179523453v11/12/2007 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA RATIFYING THE RECORDATION OF "ATRIUM AT AVENTURA" RECORDED IN PLAT BOOK 165, PAGE 95 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED (PB 144, PG 89) AND A PORTION OF THE SOUTH % OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, 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, the applicant received an extension of time to record the final plat to September 10, 2006 by Resolution No. 2006-15; and WHEREAS, the plat was not recorded until December 28, 2006 due to a change in ownership and review requirements by Miami Dade County during the recordation process; and WHEREAS, Section 31-78(i) of the City's Land Development Regulations provides that failure to record the plat within the time specified shall render the plat null and void; and WHEREAS, the applicant has requested that the recorded plat be ratified by Resolution; and WHEREAS, the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that the Resolution No. 2007-_ Page 2 ratification of the recorded plat 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 plat of "Atrium at Aventura" recorded on December 28, 2006 in Plat Book 195, Page 65 of the Public Records of Miami-Dade County, Florida, more particularly in Exhibit "A", is hereby ratified, 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 Luz Urbaez Weinberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2007-_ Page 3 PASSED AND ADOPTED this 6th day of February, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: rt4v~~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,2007. CITY CLERK EXHIBIT A PARCEL 1: COMMENCE at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida then run North 89 degrees SO minutes 55 seconds West along the North line of the SW 1/4 of said Section 3 for a distance of 670.26 feet to the NW comer of the E Y, of the NE II4 of the SW 1/4 of said Section 3; lhence run South 0 de~rees 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 11 07.11 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 005.00 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 0018.75 feet to the center line of a canal; thence run ~outh 89 degrees 56 minutes 45 seconds East alo~ the center line of said canal for a distance of 170.71 feet to a point; thence run South 0 degrees 39 mmutes 25 seconds East for a distance of 316.634 feet to a point; thence run South &9 degrees 20 minutes 35 seconds West for a distance of 170.10 feet to the Point of Beginning. PARCEL 2: The East 100.0 feet of the West 270.10 feet of the following described property: BECilN 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 comer of the E YJ of the NE 1/4 of the SW [f4 of said Section 3; thence run South 0 degrees 39 minutes 25 Seconds East along the West line of the East ~ of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of 1101.11 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 of35 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 of 310.18 feet to a polOt; lhence run South 89 degrees 20 minutes 35 seconds West for a distance of 691.50 feet to the Point of Beginning. PARCEL 3: The East 20155 feet of the West 412.25 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 comer of the E YJ 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 ~ of the NE 1/4 of the SW 114 of said Section 3 for a distance of 11 07.11 feet to a point; thence run North 89 degrees 20 minutes 3S seconds East along a line for a distance of 1124.15 feet to a point; thence North 0 degrees 39 minutes 25 seconds West for a distance of 35 feet to the Point ofBegmning; thence continue North 0 degrees 39 minutes 25 seconds West for a distance of 318.75 feet to . point on the center line of a canal; thence run South 89 degrees 56 minutes 45 seconds East aloos the center line of a canal for a distance of 691.55 feet to a point; thence run South 0 degrees 39 mmutes 25 seconds East for a distance of 310.18 feet to a poiot; thence run South 89 degrees 20 minutes 35 seconds West for a distance of 691.50 feet to the Point of Beginning. PARCEL 4: A portion of Tract N ofMARlNA 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 comer of said Tract N; thence South 02'"24'12" East along the West line of said Tract N for 326.46 feet; thence North 87"30'00" East alo~ the South line of said Tract N for 211.62 feet; thence South 02"30'00" East along the West line of satd Tract N for 62.50 feet to the most Southerly Southwest comer 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 BegiMing of the hereinafter described subrnerRed parcel. thence Nonh 03011'40" West for 87.37 feet; thence North 8'r30'OO" Bast along a line paraUel Wlth and 87.36 feet North of said South line of Tract N for 266.05 feet; thence South 02"30'00" East for 11.20 feet; thence North 8"r30'OO" 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 16.16 feet to a point on said South line of Tract N; thence South 81"30'00" West along said South line of Tract N for 469.22 feet to the Point of Beginning. NO\-! Tracts A, B and C J Atrium at Aventura. recorded in Plat Book 165, Page 95. Public Records- of Hiami Dade County. Florida, City of Aventura CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: January 29, 2007 SUBJECT: Resolution Declaring Equipment Surplus February 6, 2007 Commission Meeting Agenda Item 5-tJ- RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring computer equipment as surplus to the needs of the Information Technology Department and the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01555-07 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT FROM: Karen J. Lanke, In~ ChnOI~ TO: Eric M. Soroka, City DATE: January 26, 2007 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached spreadsheet be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Asset # Tag Brand Model Serial Number Type ~_w___ 1 352 HP Officejet Pro 1150C SGBT77A1449 Printer/Scanner 2 652 Lexmark 2330 Plus BJ12330-001 Forms Printer 3 268 HP Laserjet 5P USFB317574 Printer 4 HP Laserjet 6P USBB089776 Printer 5 HP Officejet G85 SGG12FOD7T AIO 6 Lexmark 2390 Plus BJ 12390-00 1 Forms Printer 7 1002 Minolta QMS Magicolor 2 Q0233436 Printer 8 479 HP Officejet 350 SGGAME30F3 AIO 9 HP Officejet 6110 AIO MY330F22XT AIO 10 1026 Gateway E-3400 21322711 PC 11 1014 Gateway E-3400 21322616 PC 12 999 Dell Dimension 4100 96PQ401 PC 13 857 Gateway E-4200 13118940 PC 1---- ~~- 14 860 Gateway E-3200 15471391 PC 15 655 Gateway E-3000 9493395 PC 16 1030 Gateway E-3400 21322715 PC -- 17 1526 Gateway E-3600 27112765 PC - 18 1018 Gateway E-3400 21322367 PC - 19 HP Vectra VL400 US12252649 PC - - --- 20 Gateway E-1600 24745879 PC 21 Gateway EL2- 500 26628945 PC -- 22 957 Dell Optiplex GX 110 DYH010B PC ~ - 23 840 Gateway E-4200 11681517 PC 24 121 Gateway P5-100 5301911 PC 25 1031 Gateway E-3400 21322716 PC 26 1493 IBM AS400 10-8A2CB Midrange system 27 1556 IBM AS400 10-BFBOB Midrange system 28 APC Smart-Ups 1000VA AS0418299439 UPS 29 APC Smart-Ups 1 OOOV~ AS0350112190 UPS -- ~-- 30 APC Smart-Uos 1400 QS0107115331 UPS Page 1 of 1 1/26/2007 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT FROM: TO: Eric M. Soroka, City M DATE: January 26, 2007 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached spreadsheet be declared surplus property as the equipment no longer meets the needs of the City. This equipment will be used by ACES for parts when repairing PC's. Please let me know if you have any questions regarding this request. Attachment City of Aventura CRC Computer Equipment Inventory # Asset Tag Brand Model Serial Number Type m -- 1 1595 Dell Optiplex SX260 9SDJ821 PC 2 1596 Dell Optiplex SX260 CSDJ821 PC --- 3 1597 Dell Optiplex SX260 DSDJ821 PC 4 1598 Dell Optiplex SX260 GSDJ821 PC 5 1599 Dell Optiplex SX260 HSDJ821 PC 6 1600 Dell Optiplex SX260 JSDJ821 PC 7 1601 Dell Optiplex SX260 1TDJ821 PC 8 1602 Dell Optiplex SX260 2TDJ821 PC 9 1606 Dell Optiplex SX260 3TDJ821 PC 10 1604 Dell Optiplex SX260 4TDJ821 PC 11 Dell Optiplex SX260 5TDJ821 PC 12 1603 Dell Optiolex SX260 7TDJ821 PC Page 1 of 1 1/26/2007 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "An has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution, 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 Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb Resolution No. 2007-_ Page 2 PASSED AND ADOPTED this 6th day of February, 2007. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ~~~ CITY ATTORNEY SUSAN GOTTLIEB, MAYOR City of Aventura Computer Equipment Inventory Exhibit A Asset # n_'T~_9_____~~a....c:I___ _._!lu~_~'-_______ Ser:i~I!!tJ_,!!f:)~r. !lP~_u_____m_ _ ......___ 1 352 . .!-if____ Q!fi~j~.t~rQ1!.~OC S~~"f?7 A 1~~. _ .____ Pri!1~e!'-~~!1ner_ ..________ 2 652 Lexmark 2330 Plus BJ12330-001 Forms Printer __~__ _ 268-~HP Laseriet5P~=--~_~=-QSFB3Tjtrj!~=____m_~Prmt~ru-==~_~=~_~_=_=~ 4__.__HE.__ La~~rj~! 6P________ lJ?BBg89~??_______ _____ P~u~~E_______._____u____ 5 _I-f.~___ ()!f!~~je!_<?85_____~~~1_~fQ.[)ZIm_____ . ~!Q _ ..... n_____u__ 6 Lexmark 2390 Plus BJI2390-001 Forms Printer .' -- ---~-'- .._---~--_.- ---~._--_.._---,._--~-------- ~-----------_._-~~---_.._-~"-- 7 1 002rv1inoJ~_ 9"".~ Mc:l9icolor 2 Q0233436 Printer 8 479u____t!~__ Q!fi~et 35~_u.____ SGGAME3QE]~~~~~._=~~~]!\IC?_. ._____________~=== 9_____ __!::I..P__ Q!ficejet 6110_~Ou ~Y.~30F~~)(;!.___________._AI~_____._______________ 1 Om_1_0_~6_ Gate~C3y._ E<~~QQ_ ______ ~~}~?~!_u__m_______~g_________ ....__________ 11 _ _~014_ _ ....<3~.te~c:ly. E-:~~gO____.____ ~!~?~616m___.__.jPg---- 12 __m_9~~___ _ __Qell__ Difl'l~!1s1()n~10Q._.._~ ~_~~_g~O!_____. ..._____ ..-Jf~---.---. ________ -j~. -.. ;i-~ilj!ij=~~---~m~*!i~.. ~=~-----lf~~=~.-~-~-..-- 18 1 018 Gc:l~~'IIay. E=3400 ~ 1}2236f-- __ -- -1 ~(;r _ _- _ ___ ___m 19 HP Vectra VL400 jUS12252649 iPC 20 __<3c:1!~~c:lY_ fI6(j!C..___.~~_-=_ll4_~~.?_8Ji=_.. -----lj:)g~=~~=~~~---==-..-. .._____ ~ --:;~ -;E~~~~<>X1.1D~-J~;~~l-- :-j~~ _ -_ ~_ :-~- -. _~ ;: 1~23\ ~::~~~~ - ~~~g~ - - - - - -- -~~~~~~~;~-6 - .- - - - u_ - I ~~ -- - - -. u -- - --. 26 .._.1~~~ .=-~~~~C~~= A~Q.(f~~___=-=._ }Q-AA2~B .. =--==-=-=~_=~=t~!dra!1ge-s~f~I1i=_=-- ;~.-. ..... 1556_...-. --. ..-.. .U-.-.A-.'. ~~---.-. ... ~~. -. a~..~UPS.fO -0.....0 "-.A- } ~. -.-~~~~. 94... . 39.. .....-... -.. - .--.-............. -l....~.~.....-...~.d. s.... an_.g...~ _.5... Y.-.. S.l.. e _..m.-.... --... -..-.. -- --29--~==-~=-.==~:c-=- siTl~rt~Ups1-000vA . AS035011219(~~__--= - UPS ---.----------- 30 APC Sfl'l~r!:'=!Ps _!~OQm___ 9?OJ.9ZJJ5331 - - UPS-.- ---- u ------. 31 __ _~~5.____()ell __ Qptiplex SX260 ___ 9SD...!~1_!.._.__ _ ________ Pg=.=-=______ _ _ 32 1596 Dell Optiplex SX260 CSDJ821PC . - - -- ~ l~:~:-~Fug:~~~~~~-=-.:~~~~~r _~n . . :-I~- . - -.:.:=-=--. -~ 35- --------.1-599~----~-~Dei,_----- Optiplex SX260---'-~-~- i=fSDJ821--- - ---------- PC------- -- ---- .____n_____________ . . .- . .-...--....-..-.-.-----..-..- --..-..--.-. ..--.--. I 36 1600 Dell Optiplex SX260 JSDJ821 _ I PC ;~ ~:g~~=g~::=~~= g~~~~~~~~~~==--= l~g~~~~-~--=--~=--~=~-=-I~g~=~-u - ---.-==-=-~== .u_ --.-.-... .-... ._..u.____._. .----.--...--.-.--..--- ..____.______ . _ . . . I .__._._._._.... _.. .__..__.___ :~ .. .-~.~~.. ... --g:lf--- ~{:~::~-~~~~--- .- ~f~1~~.- .. -= . -=~------=~~~g-- --.-----...-- .- 41-------.- . ----Oeif--= 9p~i:)I~x ~~?!5()=~--=__ .5fQ.~~~I__---_=_-==-=~=~~=_ -. .------------ 42 1603 Dell 0 ti lex SX260 7TDJ821 PC Page 1 of 1 1/2612007 AGENDA ITEM 5-1 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVE NTU RA, FLORIDA, CONCERNING EARLY VOTING FOR THE MARCH, 2007 CITY OF AVENTURA COMMISSION ELECTION; PROVIDING FOR THE ELIMINATION OF EARLY VOTING FOR THE 2007 CITY COMMiSSION ELECTION, IN THE EVENT THAT THERE IS NO MORE THAN ONE CONTESTED COMMISSION SEAT RACE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Section 26-34(e) of the City Code, the City Commission may, by resolution, adopted in advance of a specific City election, eliminate early voting for a specific election at which absentee balloting is available; and WHEREAS, the City Commission finds that it is not necessary to provide for early voting for the March, 2007 City Commission elections, at which absentee balloting is available, so long as there is not more than one contested City Commission seat race. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOllOWS: Section 1. Recitals AdoDted. That the above stated recitals are hereby adopted and confirmed. Section 2. Early Votina. That early voting for the March, 2007 City Commission election is hereby eliminated, unless more than one City Commission seat is contested at said election. In the event that more than one City Commission seat is contested at the March, 2007 election, early voting shall be provided as required by Section 26-34 of the City Code. Section 3. ImDlementation. That the City Clerk is hereby authorized to take any necessary action to implement this Resolution. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: . who , and Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner luz Urbaez Weinberg Vice Mayor Harry HoIzberg Mayor Susan Gottlieb Resolution No. 2007- Page 2 PASSED AND ADOPTED this 6th day of February. 2007. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: Nhrt~ City Attorney 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICIf\ I ~ ... Planning Director"'--\jV TO: City Commission DATE: January 12, 2007 SUBJECT: Small Scale Amendment to the City's Comprehensive Plan to change the land use designation of the Waterways Park site located at 3301 NE 213 Street from Business and Office to Parks and Recreation (01-CPA-07) February 6, 2007 Local Planning Agency Agenda Item 4/ .A February 6,2007 City Commission Meeting Agenda Item 7 ~A- March 13, 2007 City Commission Meeting Agenda Item RECOMMENDA TION It is recommended that the City Commission approve a small scale Comprehensive Plan amendment to change the land use designation of the 7.0 acre parcel at 3301 NE 213 Street known as Waterways Park from Business and Office to Parks and Recreation. THE REQUEST City staff is requesting a Comprehensive Plan amendment to change the land use designation of the 7.0 acre Waterways Park site located at 3301 NE 213 Street from Business and Office to Parks and Recreation. BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT LOCATION OF PROPERTY City of Aventura City of Aventura 3301 NE 213 Street (See Exhibit #1 Location Map and Exhibit #2 for Park Layout Plan) SIZE OF PROPERTY 7.0 acres DESCRIPTION OF THE APPLICATION Pursuant to a purchase and sale agreement approved by the City Commission in May of 2006, the City has acquired title to a 7.0 acre piece of land on the north side of NE 213 Street from Gulfstream Park Racing Association. The deed to the City of Aventura was recorded on November 22, 2006 in Official Records Book 25122, Pages 4596 to 4602 of the Public Records of Miami Dade County. The City is proceeding with construction of the park and it is now in order to change the land use designation of the property to permit park use. The request is to change the current land use designation from Business and Office to Parks and Recreation. An application to amend the Official Zoning Map for this parcel from MO, Medical Office District, to ROS, Recreation Open Space District is being presently concurrently with this application. ANAL YSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office City of Hallandale Beach Medium-High Density Residential Medium Density Residential Business and Office MO, Medical Office District City of Hallandale Beach RS2, Residential Single Family District and CNS, Conservation District ROS, Recreational Open Space MO, Medical Office District vacant horseracing track residential City park vacant Access - Access to the parcel is from NE 213 Street, a public right-of-way. Conformity to City Comprehensive Plan - The amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan. More specifically, the proposal is consistent with the following policies in the Future Land Use and Parks and Recreation elements of the Plan: 2 Future Land Use Element Policy 1.2, Parks and Recreation Land Use The Future Land Use Map indicates general recommended location of future parks within the City. The location of the new Waterways Park is shown on the Future Land Use Map as "proposed park". The establishment of this park therefore fulfills the Future Land Use Map recommendation for park location. Parks and Recreation Element Policy 4. 1, Parks Level of Service Standard The City has adopted a level of service requiring 2.75 acres of net useable park land per 1,000 residents, implemented by the concurrency management system. The estimated current population for the City of Aventura based on the latest application for comprehensive plan amendment is 29,638. The amount of park and recreation land required by the above park standard is 81.5 acres. The existing available park and recreation land, using the calculations provided in the Level of Service Standards and including the park area subject of this amendment, is 114.95 acres. Therefore, the City is exceeding the level of service standard for provision of parkland. 3 BROWARD COUNTir .----.-.-. :... DADE COUNTY'. '. ,. ,. ,. -. -. ,. ,. , . ,. ,. ,. ,. ,. , . ,. ,. ,. ,. ,. IVES DAIRY RD. '. , . ,. ,. :. , . ,. ,. ,. ,. :. ,. '. ,. ,. ,. '. '. r ,. s:. :r: ,'. w '. x o S I ' --" - ~ ~ ""'."......,...,.,.. "'.~'w"'I:"~~ ~~.- Y:CHT CLU~"'~:INA := If )~I I _! .-/ ---- COVE ) I HARBOR "SITE" / I VlAY / CIRCLE ~,__ · U! I' r~ ~ I 'i \ f(8 ~F\'i : i, 1 <1: ~ . /' Cl ,l i 'i U\I w",ccwr) iT') .:C Q]~ ~ WATERW,AVS BUilJ~\ Shoppes 207 ST ~ ) ,0 w~~ .:II(~ ~b1~'~ / COUNTRY CLUB OR I Q) ~05 / I The 0J c: . ~ I ~. Promenade ~ ~/. ~ \ : U Sho/JS \\ C.:s-: "\ '0 .. I 203 ST '0" OJ' <f;, '-/? \ u i\ ~);y J: r::-J ~cn \ ir, (s 0J \)~ \ . ?01 Tm L/-- -, j t) AVENTURA B\'-'.)v . I File aD: Rescue AvenlulG .)... " Simian Libwry ]! " .)... " CZ " f"j" 0: . 2 . 9:': :" 1 92 8T. Q.' . :\.: . ,,<< " tyl.ySl\v " " " II' II' . . 33180 : II '-._._._._._._._._._._.~.~ . 185 ST 33 60. . .. Cul/Siream Park Aventura A1Ql! MIAMI GARDENS DR A1 Maule Lake LEGEND "" .,....,,"':.,:!..:.n;::.:;~..,.,' . .. . .:t,~~if . """"" iM:',:':;: . .~' . ',...'::~~.;-.:.uj..~.,~.,:~~;;.:~: ...... ...,..:." - ~. . ...... City Boundary ZIP Code Boundary Railroad EXHIBIT 1 01-CPA-07 J \ -- o > -! ro 2: <:( w U o ci > -' [[J 2: <:( UJ o o en " ~ '" 0 ,= (J) 0 ..!. W 0 0 1= Ql W I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I i' ----------------- -)~:. EXHIBIT 2 01-CPA-07 ~; t~ ~ ~~ ! ~~ . ~ u tJ' I J 'I I ". .' 'i: r:" . ',' l--r I r ~ r--~ J" ,~ 'e ,)~:', ~:I 1" , , ~ , ---,~' 'i' ~J_--U. = ' I 1'0 ~~_L-=-....J", , : '(-I_JO__.;MP__! ' ~ >~ ,) '~"., ,." I _..J ~ " I o ~ ~ l - '" ~~ H -'~ l AI i~ PREP....RED FOR' arv OF AVEH'T'URA fI CRAVEN. THOMPSON AND ASSOCIATES. INC ENGJNEERS PLANNERS. SURVEYORS >>EJ "'.... .!.JllO ~lRm. (ORllMJOCNOAU. f\.OIltO....)J.)OO r....,('~)7J9_&~ 1U..:(~)1':"_''''''' n~~~~~~~~::,~,/)\ WATERWAYS PARK EXPANSION SITE PlAN -- -- 1 ~: "i;JSJ \\ I \ \1 : III I 'I' i ~ , 'f llll~~f In:' ~III .! I I I I I~ ~-,' ~~ ,. "~ ~ " ~ 1 n :~ " '/)~/(l5 1 Vf"O/l.ltll $II[ F'UoJ< P(~ ON CP \-17~O, C"'E.C~(O ey, ....~ , JlC"o<~P""'mIl'l>J"O""l:A s..oc l_\l_OC> !IV, O..n:, ,."..PfI(lVW BY' ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3301 NE 213 STREET KNOWN AS WATERWAYS PARK, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Land Use Map of the Plan designated the subject property Business and Office; and WHEREAS, the City of Aventura has made application to change the land use designation from Business and Office to Parks and Recreation; and WHEREAS, the City Commission agreed to approve a Recreation Open Space zoning designation on the subject property, conditioned upon the acceptance of a Plan amendment; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject property from Business and Office to Parks and Recreation; and Ordinance No. 2007- Page 2 WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing additional public parkland. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Desianation. The future land use map designation of the parcel of land situate at 3301 NE 213 Street known as Waterways Park and more particularly described in Exhibit "A" to this ordinance, totaling 7.0 acres is hereby changed from Business and Office to Parks and Recreation. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall 2 Ordinance No. 2007- Page 3 become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as provided under Chapter 163, Part II of the Florida Statutes. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Billy Joel Commissioner Bob Diamond Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Billy Joel Commissioner Bob Diamond Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Commissioner Mayor Susan Gottlieb 3 Ordinance No. 2007- Page 4 PASSED on first reading on this 6th day of February, 2007. PASSED AND ADOPTED on second reading this 13th day of March, 2007. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ~~ CITY ATTORNEY 4 EXHIBIT A LAND DESCRIPTION PROPOSED CITY PARK GULFSTREAM PARK CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA TRACT 'A' 6.02 ACRES Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COMMENCE at the Northeast corner of said Tract B and the Northeast comer of Section 34, Township 51 South, Range 42 East; THENCE South 02021' 14" East on said East line of Tract B and the East line of said Section 34, a distance of 541.55 feet to the Northeast comer of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three (3) courses and distances; 1. South 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a central angle of 37032'07" (3r34'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed) to a point of tangency; 3. South 88001 '22" West, a distance of 128.17 feet to the POINT OF BEGINNING; THENCE continue South 88001'22 " West on said North line, a distance of 561.58 feet; THENCE North 01052'05" West, a distance of 507.39 feet; THENCE North 88009'53" East, a distance of382.40 feet; THENCE South 3r41'02" East, a distance of306.19 feet; THENCE South 01052'05" East, a distance of257.81 feet to the POINT OF BEGINNING; Prepared By: CALVTN, GIORDANO AND ASSOC1ATES, TNe. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 December 9, 2003 Revised April 28.2006 u -, - P:\PTojectS\200 J iOi219:n:;uH'srream ParK Bound:.ry 'SliiVey- ofMiamiI:52de PortionlSURVEYlLegal DescnpfionslPioposed Park , -- n Area]arcell&2_042706.doc Sheet 1 of 4 Sheets EXIllBIT A TOGHETER WITH TRACT 'B' 0.98 ACRES Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COI\1MENCE at the Northeast corner of said Tract B and the Northeast corner of Section 34, Township 51 South, Range 42 East; THENCE South 02021 '14" East on said East line of Tract B and the East line of said Section 34, a distance of 541.55 feet to the Northeast comer of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 oftbe Public Records of Miami-Dade County, Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three (3) courses and distances; 1. South 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed) to a point oftangency; 3. South 88001 '22" West, a distance of 107.88 feet to the POINT OF BEGINNING; THENCE continue South 88001'22" West, a distance of20.29 feet; THENCE North 01052'05" West, a distance of257.81 feet; THENCE North 37041'02" West, a distance of306.19 feet; THENCE South 88009'53" West, a distance of382.40 feet; THENCE North 01052'05" West, a distance of 17.63 feet; THENCE North 88009'53" East, a distance of 581.87 feet; TIIENCE South 01052'05" East, a distance of 523.58 feet to the POINT OF BEGINNING; Prepared By: CALVIN, GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive, Suite 600 Fort Lauderdale, F10rida 33316 December 9, 2003 _ ~evj~<;!L6priL2_8._2QQL_ ____ ,_____ ..___, _ __ ". _ ,___ _ ,_.,____.__ ,n. _,.m .__ ___ _ _._ P:IProjects\200J\o12193 Gulfstream Park Boundary Survey of Miami Dade POT1ion\SURVEY\Legal DescriptionslProposed Park Area _ Parce I 1 &2 _042 706.doc Sheet 2 of 4 Sheets EXHIBIT A Said lands lying in the City of A ventura, Miami-Dade County, Florida and containing total net area 305,075 square feet 7.00 (acres) more or less. NOTES: 1. Not valid without the signature and original embossed seal of a Florida licensed Professional SlliVeyor and Mapper. 2. Lands described hereon were not abstracted, by the slliVeyor, for ownership, easements, rights-of-way or other instruments that may appear in the Public Records of Miami-Dade County. 3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East line having a bearing of South 02021' 14" East. 4. The description contained herein and the attached sketch, do not represent a field Boundary SlliVey. Date: S-I-00 Prepared By: CALVIN, GIORDANO AND ASSOCIATES, lNe. 1800 ElleT Drive, Suite 600 Fort Lauderdale, Florida 33316 December 9, 2003 Revised April 28, 2006 -- 'P:\ProjectS\200i\o12i93 Guifstream Park'B-citiiiaai'y SurveyofMiiirrub3de -Pcirtion'SDRVEY\'Legalfiescnpiionsil'Toposed P:iik -,. - Area]arcel 1&2_042706.doc Sheet 3 of 4 Sheets OF ~K 25122 PG 4602 LA,~T PAGE LClI')I") (/) '-'~ . 'c:l61- , 0 'c-I~' o '\,rl <P , 'Q. ~ U~1 \&l..l 10 \ ~I Nj' NI'- . ~ -lcO PIN !XlI~ !Xl: (f) , i CJ I, I ~~ ~ " /M is - lIil:iu ~ '" __,_.__~~___ ....~______ 0___ - -~~~=-..._- - , ,g~'Lirg ~ f~rlr < J I ~~;:!j I ~gz 'II '~~g ",I!I ,(.) i .... I- Will ~ (.) 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J Ji!1l CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager i BY: Joanne Carr, AICIf\ ltt ' Planning Director .\.....>:J~ TO: City Commission DATE: January 12, 2007 SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land located at 3301 NE 213 Street from MO, Medical Office District to ROS, Recreation/Open Space District. (01-REZ-07) February 6, 2007 Local Planning Agency Agenda Item '1-"6 February 6, 2007 City Commission Meeting Agenda Item {,,13 March 13, 2007 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land located at 3301 NE 213 Street from MO, Medical Office District, to ROS, Recreation/Open Space District. THE REQUEST Staff is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land located at 3301 NE 213 Street from MO, Medical Office District to ROS, Recreation/Open Space District to facilitate the use of the new Waterways Park. BACKGROUND OWNER OF PROPERTY: NAME OF APPLICANT City of Aventura City of Aventura LOCATION OF PROPERTY SIZE OF PROPERTY DESCRIPTION IBACKGROUND 3301 NE 213 Street, Aventura (See Exhibit #1 for Location Map and Exhibit #2 for park layout plan) 7.0 acres Pursuant to a purchase and sale agreement approved by the City Commission in May of 2006, the City has acquired title to a 7.0 acre piece of land on the north side of NE 213 Street from Gulfstream Park Racing Association. The deed to the City of Aventura was recorded on November 22, 2006 in Official Records Book 25122, Pages 4596 to 4602 of the Public Records of Miami Dade County. The City is proceeding with construction of the park and it is now in order to rezone the property for park use. The rezoning request is to change the current zoning of MO, Medical Office District to ROS, Recreation/Open Space District, which allows parks as a permitted use. The current future land use map designation is Business and Office. A comprehensive plan amendment is required to accomplish this zoning district change and is being presented concurrently with this application. ANAL YSIS Future land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office City of Hallandale Beach Medium-High Density Residential Medium Density Residential Business and Office MO, Medical Office District City of Hallandale Beach RS2, Residential Single Family District and CNS, Conservation District ROS, Recreational Open Space MO, Medical Office District vacant horseracing track residential City park vacant Access - Access to the parcel is from NE 213 Street, a public right-of-way. 2 Conformity to City Comprehensive Plan - The proposed amendment is consistent with the Comprehensive Plan. Standards for reviewing proposed amendments to the Official Zoning Map: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan, specifically, the Parks and Recreation Element Goal "to provide and ensure a comprehensive system of public and private parks and recreation sites well planned and available to the public". 2. The proposed zoning district is compatible with the surrounding area's zomng designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The park will provide recreation area for the surrounding residential developments and for City residents as a whole. 3. The subject property is physically suitable for the uses permitted in the proposed district. The subject property IS physically suitable for the uses permitted In the proposed district. 4. There are sites available in other areas currently zoned for such use. This criteria is not applicable to this application. There are other parks in the City zoned ROS, Recreation Open Space, however, this is a beneficial addition to those existing ROS parcels. 5. If applicable, the proposed change will contribute to redevelopment of an area In accordance with an approved redevelopment plan. This criteria is not applicable to this application. 6. Whether the proposed change would adversely affect traffic patterns or congestion. The traffic generation table below supports the proposed amendment in that projected vehicle trips per day for a park use are a small fraction of the vehicle trips generated by the uses permitted in the existing Medical Office (MO) zoning district. 3 Traffic Generation Table - The City's traffic consultant has prepared traffic generation information relative to existing permitted uses and the proposed park use. Total 7.0 acres Zoning Category Pro osed Public Park Vehicle Trips per Day (vpd) 1012-1181 vpd for office use* 2647-2900 vpd for medical office use* Existing City Zoning MO (Medical Office) Proposed City Zoning * Both office scenarios in the table assume a single floor for that development type. Multi-story buildings will, obviously, generate additional traffic. Maximum permitted height in MO district is 12 stories, 120 feet 7. Whether the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change has no affect on population density. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole, but rather, will increase the quality of life for our residents by providing additional parkland. 4 BROWARD COUNT)' ..---.---. :... DADE COW\TY :: '. ,. ,. '. ,. ,. '. ,. '. ,. ,. '. ,. '. '. ,. , . '. ,. IVES DAIRY RD ,. '. '. '. ,. ,. ,. ,. '. :. '. ;. '. :. '. ~ ,. S:. I UJ X o ~ MIAMI GARDENS DR I' ~ - 'i Ie-.. n',., ~,~ n'l""r ~ ~.r~'- YACHT CLUB DR : fl). MARINA . I I COVE · . . HARBOR CIRCLE . I WAY · IJJ I ~~ · : ~ \NtJ~ . \ I Mr ~ :? f7u . I ,l)j ~ . . . . . . . . . . . . I I I I ~ I !{ I o I i1J I <: I g I f--. I I I I I I I I I I I I I I 33180 I" , I '_._._._._._._._._._._._.~ 185 ST 33 60 I a a a a,.. .. aa,t, ' ~': 207 8T ,. ,. ,. ,. ,. ,. AVENTURA '0\,:.,JQ File I D Rescue Avenlura Station Library '. Aventura Mall 192 8T 191 ST Loehmann's F as/lion UJ Island ~ OJ N 190 ST 188 ST Dllmfoundltng Bay . ".' .'....\,fl,'~ '.'.'~:I:... "2" EXHIBIT 1 01-REZ-07 :::J \ LEGEND 192 ST -- ci > -.J OJ 2 <<: UJ o o ci > -I OJ 2 <<: UJ o o A1 City Boundary ZIP Code Boundary Railroad " ~ 1= ~ o 1= I I I I I I I I I I I I: I I I I I I I I I I I I I I I I I' I I I I I I I I I I I I I I ~ i ~ l EXHIBIT 2 01-REZ-07 ~'-: '-~ , I ~ w ~~ ~~ , ~ , '3J.,;" ~..', I . > , . ~ . Jji i . , - , ~'" '., -~ \ \ . .~ ~~ ~ I I I I I I I I I I : I I, I I I .,).- i~: ~, 1'0;; ; , ~-------- .....l ~~. 5& ~. p ,~ ~ ~~ y WATERWAYS PARK EXPANSION IfI6. CRAVEN .THOMPSON AND ASSQCIATES,INC ~ ENGINEERS, PLANNERS . SURVEYORS ~J",'O/. SJ./tOSTIle;rr_FO/lTU,VOCllO..U. FI.~IO~ JJJlXI rAA (>>o}nO-eOO9 lU.. {t$<l)7JO-t400 n.=..~~~soz.~~~~~,/" o w o Ql W PRfP...REO FOR crrv OF AV'EN11JAA '~.~:~ ;,:; ,~",-':'" 1 UPOATm:S>IT P\..o'.Hf>t:RClll' , R~~"U.YOAOUIIO""(A OESCRIPTION SITE PLAN H Cl i " :~ ~/15JO:; ~ :=::=: C<1(C1([OIlY ey: D~TE, 1oP.,,,ovro 8" ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 7.0 ACRE PARCEL OF LAND LOCATED AT 3301 NE 213 STREET, KNOWN AS WATERWAYS PARK AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM MO, MEDICAL OFFICE DISTRICT, TO ROS, RECREATION OPEN SPACE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura has initiated, through Application No. 01-REZ-07, an application to amend the Official Zoning Map of the City of a 7.0 acre parcel of land located at 3301 NE 213 Street, known as Waterways Park and legally described in Exhibit "A" to this Ordinance, from MO, Medical Office District to ROS, Recreation Open Space District to permit its use as a public park; and WHEREAS, the City Commission concurrently with this rezoning application has considered a small scale Comprehensive Plan amendment to change the land use designation of the Property from Business and Office to Parks and Recreation (01- CPA-O?); and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and Ordinance No. 2007- Page 2 WHEREAS, the City Commission has reviewed the application for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan, as proposed to be amended; and the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this ordinance. Section 2. Official Zonina Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the 7.0 acre parcel of land located at 3301 NE 213 Street with legal description described in Exhibit A from MO, Medical Office District to ROS, Recreation Open Space District. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become Ordinance No. 2007- Page 3 and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Effective Date. This Ordinance shall be effective immediately upon the effective date of the small scale amendment to the Comprehensive Plan (01- CPA-O?). The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Billy Joel Commissioner Bob Diamond Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Billy Joel Commissioner Bob Diamond Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Commissioner Mayor Susan Gottlieb PASSED on first reading this 6th day of February, 2007. Ordinance No. 2007- Page 4 PASSED AND ADOPTED on second reading this 13th day of March, 2007. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK LEGAL SUFFICIENCY: r This Ordinance was filed in the Office of the City Clerk this _ day of ,2007. CITY CLERK EXHmIT A LAND DESCRIPTION PROPOSED CITY PARK GULFSTREAM PARK CITY OF A VENTUR.\, MIAMI-DADE COUNTY, FLORIDA TRACT 'A' 6.02 ACRES Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: COMNrENCE at the Northeast corner of said Tract B and the Northeast corner of Section 34, Township 51 South, Range 42 East; THENCE South 02021' 14" East on said East line of Tract B and the East line of said Section 34, a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade County, Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three (3) courses and distances; 1. South 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2. Southwesterly on the arc of said curve having a raelius of 330.00 feet, through a central angle of 37032'07" (3r34'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed) to a point of tangency; 3. South 88001 '22" West, a distance of 128.17 feet to the POINT OF BEGINNING; THENCE continue South 88001'22 " West on said North line, a distance of 561.58 feet; THENCE North 01052'05" West, a distance of 507.39 feet; THENCE North 88009'53" East, a distance of382.40 feet; THENCE South 3r41'02" East, a distance of306.19 feet; THENCE South 01052'05" East, a distance of257.81 feet to the POINT OF BEGINNING; Prepared By: CALVIN, GIORDANO AND ASSOCIATES,INC 1800 Eller Drive, Suite 600 Fort Uluderdale, Florida 33316 December 9, 2003 Revised April 28,2006 ,--, , P:lPTojectS\200 JWI-zT93"GuffstreamPaTKB'oiJnaaryStlrvey"ofMiamiI5aae PortioiilSURVEY\Legal Desc'ripfions\Pioposeifpark' --- Area_Parcell&2_042706.doc Sheet 1 of 4 Sheets EXHIBIT A TOGHETER WITH TRACT 'B' 0.98 ACRES Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: CO:tvfMENCE at the Northeast corner of said Tract B and the Northeast corner of Section 34, Township 51 South, Range 42 East; THENCE South 02021 '14" East on said East line of Tract B and the East line of said Section 34, a distance of 541,55 feet to the Northeast corner of a parcel of land conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 oftbe Public Records of Miami-Dade County, Florida; THENCE on the North line of said Parcel conveyed to the City of Aventura the following three (3) courses and distances; 1. South 50029' 14" West, a distance of 32.10 feet (31.83 feet by deed) to the beginning of a tangent curve concave to the Northwest; 2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet (216.43 feet by deed) to a point of tangency; 3, South 88001 '22" West, a distance of 107.88 feet to the POINT OF BEGINNING; THENCE continue South 88001'22" West, a distance of20.29 feet; THENCE North 01052'05" West, a distance of257.81 feet; THENCE North 37041'02" West, a distance of306.19 feet; THENCE South 88009'53" West, a distance of382.40 feet; THENCE North 01052'05" West, a distance of 17.63 feet; THENCE North 88009'53" East, a distance of581.87 feet; TIIENCE South 01052'05" East, a distance of 523.58 feet to the POINT OF BEGINNING; Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 December 9, 2003 _Jl.evj~~:L~p.riL~~,,2QQ()n_d_H'_mU__'_ ~_H_,',_ _'_.___'HU_____ ___._, . _,_,_,,_,u P:IProjects\2001 10]2193 Gu1fstream Park Boundary Survey of Miami Dade Portion\SURVEY\Lega1 DescriptionslProposed Park Area_Parcel 1&2_042706.doc Sheet 2 of 4 Sheets EXHIBIT A Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing total net area 305,075 square feet 7.00 (acres) more or less. NOTES: 1. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. 2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights-of-way or other instruments that may appear in the Public Records of Miami-Dade County. 3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East line having a bearing of South 02021' 14" East. 4. The description contained herein and the attached sketch, do not represent a field Boundary Survey. Date: 5-I-o{;, Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fon Lauderdale, Florida 33316 December 9, 2003 Revised Apri128, 2006 - -P:\ProjectS\200i\012191 Guffstream Jiai'nfouiidary SurveyofMiiffiioade -PortionI.SURVEY\LegaJDesrnptions\PToposed P:lrk - .- Area]an:;e1I&2_042706.doc Sheet 3 of 4 Sheets ,':] ~~ ~ IJtZ B ~_/og u i ~ "" ~__.___~....~__c__ - .~".::>:.~.~-- - , ~ ~2J-~-lil q ~ 13 I I i Cl.o<(1O , 0< I I ~Zv I ~~~ III ~:[D 13 9,1 ~....W I'll O,-,Vl , ~ <( 0:: :1,1 I- g: W :1' ~ ~ :,'11 0::0 _I ~'-'"~ III 15 w ~t ili o Z~! t L.J ~; z 1:1 ~ ill :II 0:: C\! "I W <(CD 'I h o :l<:: 0) Iii ,_L() - r_m~ B jr -'--$ i~1 Cl.\...: Iii l8 I !0::1]I1: ~ ~I z J jCl.1.t;:g II 3 <I. t - -~:E I~"h ~ - j~ 1 ~,~ -=+- -, ,"It- I E~ ---I Z - - ---: ,I I I I 1 I I , - r II ...- u.N oJDo.... 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Soroka, ICMA-CM, City DATE: December 14, 2006 SUBJECT: Budget Amendment Ordinance FY 2006/07 1st Reading January 9, 2007 City Commission Meeting Agenda Item 5- b 2nd Reading February 6,2007 City Commission Meeting Agenda Item .:g -A RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2006/07 General Fund Budget in the amount of $500,000. BACKGROUND As previously reported to the City Commission, as part of the FPL Franchise Fee Settlement Agreement with the County, the City will receive an additional $500,000 in FPL Franchise Fee revenue this fiscal year. This amount was not included in the original budget document and is being recognized as part of the attached budget amendment. The following is a summary of the expenditure amendments that is recommended: 1. Performing Arts Center Study - The amount of $13,000 represents the costs remaining to complete the study which was not originally included in the budget. 2. Insurance - The amount of $104,000 represents additional insurance costs based on the current state of the insurance market. 3. Road Resurfacing - The amount of $35,000 represents the shortfall amount needed to fund the Yacht Club Drive Resurfacing bid. 4. Aventura Founders Park Splash Pad Project - See attached Staff Memorandum. Memo to City Commission Page 2 5. Charter School Fencing - The amount of $48,000 represents the cost of providing security fencing around the entire school campus as previously discussed with the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment eeo 1154 5-06 ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 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. 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 2006/2007 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. 2006-13, which Ordinance adopted a budget for the 2006/2007 fiscal year, by revising the 2006/2007 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. 2007-_ Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Luz Urbaez Weinberg yes Commissioner Billy Joel yes Commissioner Michael Stem yes Vice Mayor Harry Holzberg 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 Luz Urbaez Weinberg Commissioner Billy Joel Commissioner Michael Stem Vice Mayor Harry Holzberg Mayor Susan Gottlieb PASSED on first reading this 9th day of January, 2007. 2 Ordinance No. 2007-_ Page 3 PASSED AND ADOPTED on second reading this 6th day of February, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: /' ., /""-./1;!J/V) ~~///)~ " '\ \ CITY ATTORNEY 3 EXHIBIT A ,.~, 3131000 Locallv Levied Taxes Franchise Fee-Electric SUBTOTAL i $:H,j:!i(i :SOO.OOOi= Total Amendments-Revenues EXPENDITURES Operating 3156 4501 Non- Departmental - 590 Performing Arts Center Study Insurance SUBTOTAL 13,000 13,000 Capital Expenditures Community Services - 541 6305 Road Resurfacing 6352 Aventura Founders Park SUBTOTAL o 35,000 35,000 Charter School. 569 6307 Charter School Fencing SUBTOTAL Total Amendments-Expenditures CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT FROM: Robert M. Sherman, Director of Co ity Servi TO: Eric M. Soroka, City Manager, I DATE: December 15, 2006 SUBJECT: Founders Park Splashpad Construction Costs It is recommended that the City move forward with this project at a revised construction budget of $525,000. This significant increase over the budgeted amount of $235,000 is due to the following reasons: 1. Using re-circulated water due to water consumption costs: After re- evaluating the original splash pad design due to rising water costs, we to examined the possibilities of using re-circulated water. The projected operating cost for water and chemicals needed to keep the water balanced is approximately $11,500 per year, substantially less than $500,000 per year in anticipated water costs. In order to use re-circulated water, we need to purchase a 4,500 gallon water reservoir, water chemistry control system, pumps and filters; and build a 20' x 20' pump house. The additional equipment purchase and building construction is estimated to have a one time capital expense of $111,815. 2. Splashpad Equipment Selection: The initial proposal for $269,000 from the manufacturer did not include interactive water spray equipment that would be attractive to children. The revised plan includes a wide variety of interactive equipment that will be interesting, colorful, entertaining, and enjoyable for children and their parents. The upgraded splash pad components and associated installation expenses will cost an additional $95,000. 3. Non-Slip Resilient Surfacing: The UV resistant, non-slip padded surface that the Health Department requires will cost $83,000. This project was budgeted for $235,000 in this fiscal year. A budget amendment for an additional $300,000 will be needed to complete this project as per the revisions outlined in this memorandum. >'~ Eric M. Soroka December 15, 2006 Founders Park Splash pad Construction Costs Page 2 a. Re-circulation pumps, equipment and pump house: b. Additional splash pad equipment: c. Health Department required non-slip surfacing d. Contingency $112,000 95,000 83,000 10.000 $300,000 ,.,.-.. CITY OF AVENTURA ,- COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: TO: City Commission Eric M. Soroka, ICM City Manager BY: DATE: December 14,2006 SUBJECT: Proposed Amendment to Section 31-171(e) "Drive-Through Service Windows" of the City's Land Development Regulations to clarify stacking requirements for gatehouses and controlled entries (01-LDR-06) - January 9,2007 Local Planning Agency Agenda Item.i::L- 1st Reading January 9, 2007 City Commission Meeting Agenda ItemL 2nd Reading February 6, 2007 City Commission Meeting Agenda Item g'-~ RECOMMENDA TION It is recommended that the City Commission approve the request for an amendment to Section 31-171(e) of the City's Land Development Regulations to revise the required number of stacking spaces for gatehouses and controlled entries and to add the required minimum size of stacking space. THE REQUEST City staff is requesting a revision to the Code section regulating vehicle stacking spaces for gatehouses and controlled entries. Section 31-171(e) currently provides that any development with a gatehouse requires 2 stacking spaces per resident lane and 5 stacking spaces per visitor lane. This applies to every development, regardless of size. Therefore, a development with five units is required to have the same stacking space as a development with five hundred units. Staff suggests that this Code section be amended to require that a traffic study with a queuing analysis be submitted by the owner for approval by the City along with an application for entry feature approval. A queuing analysis will determine the expected number of vehicles that will stack at a controlled entry based on the number of units in the development. ^,"""-"" - DESCRIPTION OF THE PROPOSED AMENDMENT The amendment proposed to the City's Land Development Regulations is as follows1: "ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS Sec. 31-171. Off-street parking and loading standards. - (e) Drive-through service windows, qatehouses and controlled entries. Businesses that provide a drive-through service are required to provide a drive-through service lane or lanes, whether for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the property. Each drive-through lane shall be separated from other on-site lanes. Each such drive-through lane shall be curbed, striped, marked or otherwise distinctly delineated. A separate and distinct escape lane shall be provided. A public street or alley shall not be counted as an escape lane. Drive-through lanes and escape lanes shall not conflict, or otherwise hamper access, to or from any parking space. Pedestrian walkways shall be clearly separated from drive- through lanes. Gatehouses or controlled entries shall provide stackinq at the entry to the development as provided in the table below. No qatehouse or controlled entry shall be established until such use has been approved by the City Manaqer and has received all other permits required by these LDRs. An Application for Entry Feature Approval for such qatehouse or controlled entry shall be filed with the Community Development Department on the forms provided by the Department. (1) Specifications. Stacking spaces necessary for the provisions of d rive- through lanes and qatehouses and controlled entries shall be determined using the following table. Stacking area shall be provided at the first required stopping area, such as the ordering board of a restaurant. If a second stopping area is required, such as a delivery and cashiering window, auxiliary stacking area shall be provided in the indicated amounts. No vehicle shall stack in the public riqht-of-way or in the area desiqnated for off-street parkinq. (2) Stackinq Space Size. Stackinq spaces required by this section shall be no less than 12 feet wide and 20 feet lonq. "~c 1 Underlined provisions constitute proposed additions to existing City Code text; stricken through provisions indicate proposed deletions from existing City Code text 2 -- Type of Facility utomatic teller machine Bank per service lane Car wash per service lane as accessory use 3 per service lane Gatehouse/Controll ed Ent Primary Stacking per service lane uxiliary Stacking 1 per service lane 1 per service lane 2 per service lane 1 per service lane Laundry, dry cleaners Pharmacies Restaurant ideo rental 1 per service lane 3 per service lane per service lane 5 per service lane 1 per service lane 2 per service lane 1 per service lane -- ANAL YSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required, The proposed amendment is legally required to implement the requested revision to the Code. The amendment is requested by City staff to revise the number of required vehicle stacking spaces based upon a traffic queuing study provided by the applicant/owner of the development and to add the required minimum size of stacking space. 2, The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Specifically, Objective 9 of the Future Land Use Element provides that "...the City shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures to ensure that future land use is .- consistent with the Plan and to promote better planned development and community with well designed buildings." This amendment will ensure that sufficient vehicle 3 .-. stacking spaces are provided at controlled entries and gatehouses so that the public right of way is not obstructed. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. "The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendment is consistent with this purpose. It will set out appropriate minimum standards for vehicle stacking at controlled entries and gatehouses. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. ,..':""-' The proposed amendment improves the administration or execution of the development process in that it provides standards for vehicle stacking at controlled entries and gatehouses. .- 4 ORDINANCE NO. 2007- -- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-171(e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to revise the number of required vehicle stacking spaces at gatehouses and controlled entries and to provide a minimum required size of stacking space in all zoning districts; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and ,~ WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-171(e) of the City's Land Development Regulations is hereby amended as follows 1: ~,.,.......... 1 Underlined provisions constitute proposed additions to existing text; &trickon through provisions indicate proposed deletions from existing text. - Ordinance No. 2007 - Page 2 Sec. 31-171. Off-street parking and loading standards. ~" (e) Drive-through service windows, qatehouses and controlled entries. Businesses that provide a drive-through service are required to provide a drive-through service lane or lanes, whether for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the property. Each drive-through lane shall be separated from other on-site lanes. Each such drive-through lane shall be curbed, striped, marked or otherwise distinctly delineated. A separate and distinct escape lane shall be provided. A public street or alley shall not be counted as an escape lane. Drive-through lanes and escape lanes shall not conflict, or otherwise hamper access, to or from any parking space. Pedestrian walkways shall be clearly separated from drive-through lanes. Gatehouses or controlled entries shall provide stackinQ at the entry to the development as provided in the table below. No Qatehouse or controlled entry shall be established until such use has been approved by the City ManaQer and has received all other permits required by these LDRs. An Application for Entry Feature Approval for such oatehouse or controlled entry shall be filed with the Community Development Department on the forms provided by the Department. (1) Specifications. Stacking spaces necessary for the provisions of drive- through lanes and Qatehouses and controlled entries shall be determined using the following table. Stacking area shall be provided at the first required stopping area, such as the ordering board of a restaurant. If a second stopping area is required, such as a delivery and cashiering window, auxiliary stacking area shall be provided in the indicated amounts. No vehicle shall stack in the public rioht-of- way or in the area desionated for off-street parkinQ. (2) Stackinq Space Size. StackinQ spaces required by this section shall be no less than 12 feet wide and 20 feet 10nQ. ,A"-" Type of Facility 1Primary Stacking Auxiliary Stacking lAutomatic teller 4 per service lane 1 per service lane machine Bank 4 per service lane 1 per service lane Car wash 4 per service lane 2 per service lane las accessory use 3 per service lane 1 per service lane -- Ordinance No. 2007 - Page 3 Laundry, dry cleaners Pharmacies Restaurant ideo rental 1 per service lane 3 per service lane per service lane 5 per service lane 1 per service lane per service lane 1 per service lane Section 2. Severability. 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 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. "- Ordinance No. 2007 - Page 4 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Luz Urbaez Weinberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Vice Mayor Harry Holzberg 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 Luz Urbaez Weinberg Commissioner Billy Joel Commissioner Michael Stem Vice Mayor Harry Holzberg Mayor Susan Gottlieb Ordinance No. 2007 - Page 5 PASSED on first reading this 9th day of January, 2007. PASSED AND ADOPTED on second reading this_ day of ,2007. APPROVED AS TO LEGAL SUFFICIENCY: N/VmL- J~ CITY ATTORNEY ~r ,2007. This Ordinance was filed in the Office of the City Clerk this _ day of CITY CLERK CITY OF AVENTURA OFFICE OF THE CITY MANAGER FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: January 29, 2007 SUBJECT: Resolution Supporting the Creation of the Performing Arts Center and Authorizing the Administration to Proceed With Implementation Requirements February 6, 2007 City Commission Meeting Agenda Item --3- RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution supporting the creation of the Performing Arts Center and authorizing the Administration to proceed with Implementation Requirements. This matter has been placed on the Agenda under Public Hearings to obtain citizen input before moving forward on this project. BACKGROUND Last year, the City agreed to manage the reconstruction of the County Library Branch on Aventura Boulevard that was destroyed by a hurricane. This provided the City the opportunity to respond to requests from numerous residents and again explore the possibility of constructing a Performing Arts Center (PAC) in conjunction with the Library. This exploration began in early 2006 and has involved many hours of meetings and discussions. A 300-seat facility that would provide a variety of performing arts and cultural programming for all age groups was proposed. This would provide opportunities for our residents to enjoy a variety of events within our community. PAC OPERATING COSTS AMS Planning & Research, a nationally known arts facility consultant, was retained to prepare a PAC Feasibility Study and Business Plan. The study indicated that the annual operating expenditures were estimated to be $524,000 and other revenues were estimated to be $324,000. Therefore, the PAC budget would require an estimated annual contribution from the City in the amount of $200,000. Memo to City Commission Page 2 An analysis of the City's five year plan revealed the following: (1) The annual contribution to the PAC from General Fund sources would have little impact on the City's long term financial plan; (2) No tax increase would be necessary to fund the PAC; (3) No additional debt would be required to fund the construction of the PAC. However, to limit the impact on General Fund revenue sources, the City will explore amending the Clear Channel Billboard Agreement to allow utilization of a public billboard located at Ives Dairy Road and Biscayne Boulevard for commercial purposes. It is estimated that this would provide $150,000 annually for the next seven years for the PAC. In addition, if the process moves forward, other revenue sources and community donations can be explored to offset the annual contribution. PAC CONSTRUCTION COSTS It is anticipated that the cost of the PAC Facility, including hard and soft costs, will be $10,000,000. The following outlines a recommended plan for funding sources Funding Sources: County GOB Bond Program State Grants Sale of Biscayne Boulevard Surplus Property Impact Fees and Developer Dedications General Fund CIP Reserve (Savings from Park Purchase $ 4,714,000 1,500,000 1,000,000 1,010,000 1,776,000 $10,000,000 The major points of the construction funding plan are as follows: 1. Has little impact on the City's financial bottom line. 2. Will not require a tax increase. 3. The City's reserve levels remain at a healthy amount. 4. Does not require any additional debt. 5. Does require the City to formally request the County to reallocate the GOB Funds to the PAC project. 6. Does require the City to seek grant funding. 7. Does not include any donations that may be raised in the community. Memo to City Commission Page 3 REALLOCATION OF COUNTY GOB PROGRAM FUNDS The City of Aventura's project to utilize $4,714,000 to purchase vacant land in the City for parks or other public facilities was originally included in the list of projects that was approved by the voters on November 2, 2004 as part of the County's GOB Bond Program Building Better Communities. Since that time several events have occurred to justify the City requesting that the funds be reallocated to another project similar in nature to the original intent. In 2004, the City originally anticipated that the cost to purchase a six acre site for our expanded Waterways Park would be between $4,000,000 to $6,000,000. However, the City recently closed on the sale and was able to acquire the site plus one more acre for $2,100,000. The City utilized funds from a prior City bond issue established to fund park purchases to pay for Waterways Park. It is not anticipated that additional park land would be required or could be obtained at a reasonable price in the future. In order to reallocate the GOB Funds, the City would be required to initiate the process and obtain County Commission approval. Based on discussions with County staff, it is anticipated that this process could be completed by April 2007. SUMMARY There is no doubt that the PAC project process is a complicated one. However, from both a financial standpoint and project implementation process, it can be accomplished. Obviously, the County's decision to reallocate the GOB Funds will be a key event in the timeline for the success of this project. NEXT STEPS . Hold public hearing to obtain community input. . Formally request County to reallocate the GOB Funds to the PAC project. . Authorize Architect Team to design the PAC for construction. . Include PAC in new CIP document. . Authorize AMS to move forward to proposed phase II - implementation plan. . Issue RFQ for Construction Manager to build PAC/Library. EMS/act Attachment CC01554-07 Proposed Performina Arts Center for Aventura ~ Ii ~ tlPR eel's< o{ &~et Last year the City agreed to manage the reconstruction of the County Library Branch on Aventura Boulevard that was destroyed by the hurricane. This provided the City the opportunity to respond to requests from numerous residents and explore the possibility of constructing a Performing Arts Center in conjunction with the Library. Fact Sheet Several studies conducted by independent consultants, including market research, clearly indicated that a Performing Arts Center would be supported by cultural arts groups and the city residents. A nationally known consultant was retained to prepare an updated feasibility study and business plan in 2006. A 300 seat facility with a mezzanine level that would provide a variety of performing arts and cultural programming for all age groups was proposed. This would provide opportunities for our residents to enjoy a variety of events within our community. The proposed facility would be co-located within a new building that would combine the Performing Arts Center and the County's Library branch. The Performing Arts Center would be owned and operated by the City. Programming will target the Aventura community. It is estimated that the facility would cost $10 million to construct. Due to the availability of other funding sources such as grants, impact fees, bond funds, savings from competed capital projects, only about 17% of the total amount would be needed from the City's reserve funds. It is important to clarify that based on the studies; the facility will not require a tax increase or incur additional debt to the City. The construction and operating costs will have little impact on the city's long term financial plan, therefore the City Commission agreed to continue to move forward on the project and obtain public input. The mission of the A ventura Performing Arts Center will be to enhance the quality of life for A ventura by providing a variety of performing arts and relevant cultural programming for audiences of all ages. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE CREATION OF A PERFORMING ARTS CENTER FOR THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE IMPLEMENTATION REQUIREMENTS INCLUDING THE FUNDING, DESIGN, CONSTRUCTION AND OPERATION OF THE PROPOSED PERFORMING ARTS CENTER; AUTHORIZING THE CITY MANAGER TO REQUEST THE MIAMI-DADE COUNTY COMMISSION TO REALLOCATE THE COUNTY'S GOB BOND PROGRAM BUILDING BETTER COMMUNITIES FUNDS DESIGNATED FOR THE CITY FOR THE PERFORMING ARTS CENTER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission last year agreed to manage the reconstruction of the County Library Branch on Aventura Boulevard that was destroyed by the hurricane. This provided the City the opportunity to respond to requests from numerous residents and explore the possibility of constructing a Performing Arts Center (PAC) in conjunction with the Library; and WHEREAS, AMS Planning & Research, a nationally known arts facility consultant was retained to prepare a PAC feasibility study and business plan; and WHEREAS, the proposed Aventura PAC is anticipated to house 300 seats and cost $10,000,000 to build; and WHEREAS, based on the results of the business plan prepared by the consultant and proposed PAC capital construction funding sources prepared by the City Manager, the cost of the PAC has little impact on the city's long term financial plan, the City Commission agrees to continue to move forward on the project; and WHEREAS, the City Commission authorizes the City Manager to request the Miami-Dade County Commission to reallocate $4,714,000 as part of the County's GOB Bond Program Building Better Communities, previously earmarked to purchase vacant land in the City for parks or other public facilities, to the PAC project due to changed circumstances which resulted in the completion of the Waterways Park land purchase at a significantly lower amount than anticipated and utilizing city funds for said purchase; and WHEREAS, the City Commission finds that it is in the best interest of the City and of the community to construct and operate the PAC to enhance the quality of life for all residents by providing a variety of performing arts and relevant cultural programming for audiences for all age groups. Resolution No. 2007-_ Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That each of the above-stated recitals is hereby adopted and confirmed. Section 2. That the City Commission hereby supports the creation of a performing arts center for the City of Aventura. Section 3. The City Manager is hereby authorized to proceed with the implementation requirements including the funding, design, construction and operation of the proposed performing arts center. Section 4. The City Manager is hereby authorized to request the Miami Dade County Commission to reallocate the County's GOB Bond Program Building Better Communities funds designated for the City to the performing arts center project. Section 5. The City Manager is hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 6. This Resolution shall become effective immediately upon 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 Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Harry Holzberg Mayor Susan Gottlieb 2 Resolution No. 2007-_ Page 3 PASSED AND ADOPTED this 6th day of February, 2007. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: Jvrj11'h ~ CITY ATTORNEY EMS/tms SUSAN GOTTLIEB, MAYOR 3 ~ :) :I: I- ~ Z - W co ~ ~ LL C 0 0 ~ ~ U C3 IV VI CD C 0 t::! CD CD 0> .. E -.; I1l c 0 I1l CD a.. +== Z (J) - t c c.. - 0 'C C CD t5 () .~ > C/l "0 CD CD <3 <{ (/) 0 ..... ..... Q Q ..... ..... C") C") Q Q Q c:i 3: N N .... .... ..... ~ (Q (Q >< .... .... N CO -.; CD ..c E -.; :J Qj CD Z ..c c.. E c >- 0 I- :J t .... z CD Qj 0 "0 C/l N 0 <{ .E: Ci5 () e I'~ 08- O~ Ni ;Q ...... G> ..... 0'): e ~~ ......; ~ g ~ O~ ~ ~ G> CI) .~ .... .. ...... :> U ~ CO c C~ .. Cal i o~ ._ e ...... a. CO .!!! ~ CJ g ...c _l! .c~ ~ ~w .. o.~ SA I FRIDAY, JANUARY 19, 2007 MISSOURI NATION Boy's parents fear he was abused CALIFORNIA ... c S c o u >- c .. G> .. ~ :> a. e l5 UNION, Mo. - (AP) - The parents. of a Missouri teenager told Oprah Winfrey in a show that aired Thursday thai their son hasn't told tbem directly, but they believe he was sexually abused during the more than four years be was missing. "OK. I'm going to go there and ask you, what do you think happened? Do you think he was sexually abused?" Winfrey asked Craig and Pam Akers. parents of 15--year-old Shawn Hornbeck. Both nodded and said, ''Yes,'' The comments were broadcast on the day pizzeria worker Michael Devlin pleaded not guilty to charges of kidnapping another boy, Ben Ownby, 13, who was found last week in Devlin's apartment with Shawn, who was on the show Thursday with his parents. Devlin's attorney, Michael Kielty, declined to respond to the claim of sexual abuse, saying he hasn't seen evi- r!'." ~::;~~?;~: only thing I have is an ....,.. ..",.,,:.. allegation," . ........ he said Authori- ties have said that SHAWN Devlin con- fessed to kidnapping Ben, but Kielty would not discuss that. Pam Akers said she did not know wben Winfrey asked if her son was tortured, but her husband, Shawn's stepfather, stressed that something hap- pened to dramatically change the boy. "I have no doubt that men- tally he's not the same boy he was," he said. - '0 Q. >< G> >- .. ~ >- C .. .5 l5 .; i!: o ~ G> .~ ... .~ G> "Cl G> ... e u '0 c >- .. E :> o >- ] .. u '6 .5 G> Cl .. a. "Cl C .. S .. "Cl G> ;; C o "Cl ~ G> J: 'e .. i G> ~ t- .5 South Flonda (30';}41l 0000 Real Estate Expo Jan 27 & 28 Silt/Sun. SherdlOn Miami Miltt R~YI'>tel FREE <II v.,W\'\> sFREb:po (Om ^\ IB - .:=-...:::. ).Ml:::~_~:=J'l':wW :':"_€lIIlbUlllIIl s...-'r~ ,*I .....111 11M! ftS.DM -- --- "="='.:'" WrAftEHOUSE ....':::mI "" ___>>.).ll_~ -s..WltdllltD:k(ll!MlC\lredptolCllM WAC.F'n:J_ud.r:.l1s..liIl:l'tl:r~()NilS. MiamiHerald.com I THE MIAMI HERALD DJsjoked about chance of water-drinking death Shawn told Winfrey he always hoped for a reunion with his family. "I prayed that one day my parents would fmd me and I'd m ~:,~::;ted." Shawn said he was '~.,'..' ,i1' ,. nOlready to . t... . d i s c u s s r details ofbis ~. abduction < and the sub- BEM sequent 51 months he spent living with Devlin. The boy's parents told Winfrey they have not talked to their son about what hap- pened during those years on the advice of child advocacy experts, but are convinced their son did not contact tbem out of fear for his life, theirs or other members of their family. "tl Prompted by a tape of disc jockeys' remarks, a California sheriff's department launched an investigation into the water.drinklng death of a radio station contestant. SACRAMENTO - (AP) - As participants in KDND-FM's water-drinking contest chugged bottle after bottle, a listener called in to warn the disc jockeys that the stunt could be fatal. "Yeah, we're aware of that," one of them responded Another OJ said with a laugh: "Yeab, they signed releases, so we're not respon- sible. We're OK." Tbose comments, and oth- Clearance Sale from January 18th thru 27th Trlll18l1dM _de savings" OIl _8lI1IooI samples, SlUMlII iIlll wilUr 2006lO1idions: /Uts.lllCessories and 1ighIi1g. www.rocho.ltoltol....... Europeal'lDesignno:::lFumitll'e M....' 4608iIknonWI'/,CorIIGlblM.FL33134-Ttl305.444.1168 310 MirKlI....., Coral G....., FL 33134. Tel30S,444.101i ...... lUCK City PIKe 700 S Rottmuy Awl, W Palm 8IIldl, FL 33401 . Tel561.135M82 NAPW 3801 TlITliItJiTllwN,NaplM.FLa4IOi.TtI23S1.435,1802 So\LElIMIS: Mon_. Frll0:Oml.~:30pml SatIO:OOam. 5:0IIpm/OpenSun. 21itIbIn.5:00prn '111I." .......... ...IIJ................. ....................... CITY OF AVENlURA NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice is her~ given that the Aventura City Commission will meet In a pUblic hearing on Tuesday, February 6, 2007 at 6:00 p.m. to consider adoption on second and fmal reading of the fo!lowing Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31.171 (e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The above described Public Hearing will be held commencing at 6:00 p.m. in the Cjty Commission Chamber at City of Aventura Government Center, 19200 Welt Country Club Drive. Aventura, florida. 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearing and be heard w~h respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990. all persons who are disabled and who need special accommodations to participate in thiS proceeding because of that disabiUty should contact the Office of the City CIeri<. (306) 466,8901. not iater than two business days prior to such proceedings. ~: ~:C~~~~:'~Oas8J(;~ ~1r.,~~S;:e~ad; ~ the governing body, with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such fh~C=r~~ ~":~~~~ =a~~~~~~~ testimony and evidence upon which the appeal is to be based. Teresa M. Soroka. MMC, CIty Clerk ers made during the Jan. 12 Morning Rave radio show, appeared to give little regard to the risk of water intoxica- tion. But just bours after the con. test, a woman who guzzled nearly two gallons was dead. Wednes- day, the Sac- ramento County Sher- STltAMGE ift's Depart. ment launched a criminal investigation into the incident, and attorneys for the family of Jennifer Lea Strange said they plan to file a wrongful death lawsuit against tbe radio sta- lion. The county coroner said preliminary autopsy findings indicate Strange, a 28-year-old mother of three, died of water intoxication. Authorities decided to pur- sue the investigation after lis- tening to a tape of the show, obtained by The Sacramento Bee, during which DJs joked about the possible dangers of consuming too much water, sherifrs spokesman Sgt. Tim Curran said At one point, the DJs even alluded to a college student who died during a similar stunt in 2005. Strange was one of aboul18 contestants who tried to win a Nintendo Wii gaming console by determining how much water they could drink with- out going to the bathroom. Several hours into the con- test, Strange was interviewed on the air and complained that her head hurt. "They keep telling me that it's the water. That it wiD tell my head to burt and then it will make me puke," she said. Eventually, Strange gave in and accepted the second-place prize: tickets to a Justin Tim- berlake concert. She commented that she looked pregnant, and a female OJ agreed, "Oh, my gosh, look at that belly. That's full of water. . . . Come on over. Jennifer. you OK?" a male DJ asked, "You going to pass out right now? Too much water?" Several hours later, Strange was found dead in her home. I!nd Q'f Year... 6nd of SeasCl/1.!.. After Hol~~.. Won't Last Much L4~er Ol.lr prices are as LOW as iIjheY(jlQ. Find addIIb'leIlccations 8t adr .1n.u-onIy ~inallY you can enjoy the best Cuban Cuisine in the heart of Coral Gables ~~(~ Sine. 1984 the \llIarino's h"". consistel\lly off..d liI!'ut ~Ity"' CubMI o.itiM. ~alI.ledvalue.WlCIefficient' friendlyl4ll'YiC41. With 12 rest.aurants io South t\:~: ~ p;,,~~~'r: ~~~: meal or it's FREEl I'" ~nd; sp:ciais' '1 1 $595 LStlH1.ingAI ..I ----- .~ ~~ ,............1 MlAMIPCH CORAL GABLES Pl.AN1'"AnON -6970CollinsM. . 112 Giraida Ave. . JOISW.arowall::l8lvd. ~15O\1 30>461-2729 9S4-~ FOlIT I.AI.IDEMW.E MOU.\'WOOO PEMUOKE I'lNEl . 2801E.o.kIandPart 1IIvd. .'212N.Sta't.~7 .Eut::9'90SPine$8Ivd. 'is...~1370 '2:f6':~~OO~ad .w.::~~~~.Blvd. 954-927-0222 954-44],1440 / MIAMI CAlLY 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 >~.^:,r,;< PUBLIC NOTICE OF PROPOSEDORDlNANC 01/12/2007 CITY OF AVENTURA - NOTICE OF PROPOSED ORDINANCE - MEETING 2/6/07 in the XXXX Court, was published in said newspaper in the issues of 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 for publication in the said newspape . ~ Inaccordancewiththe,.~~WlthDIsllbII'Ities Act of 1990, persons whO are 'dlSabl8cf arKl'Who need ~al accommodations participate in this proceeding~iluse of that disal>illty $hould contact Office of tile pity Clerk, 305466-8901, not later than two busine~dl prior to sUCh proCeedIngs. . . .;," . If a peISbn ".<leCidestb appeal any decisipn made by, the ( Commission, witIi te$p8d to any matter ~~red ~t, a fl'!El8ting hearing, thatpefstjn -willneella record of~ Pr~ll/'l(I. forsl '~h~=~::~:s~~aritt~~=~ appeal is tObe~ba88d. ,'. ".,' , , TereSa M. SO~k8,'MMdb~ cfetk;' 1/12 ';;; ::-:' ...o7-426m491 Sworn to and subscribed before me this ~. (SEAL) 2007 O.V. FERBEYRE personally known to me J''''' Maria L Mesa \~) My Commission 00293855 llP '" expIreS March 04.. 2008 ~ J: ::J I- ::E z -- c W .... ~ ~ LL C 0 0 ~ :;:; () 0 Q) en Q) c: 0 !:::! Q) Q) 0> E ;..: CO c: (IJ Q) a.. .Q z (/J - 0.. :e c: - 0 'C c: Q) ~ () .!!2 > (/J "0 Q) Q) <3 <C (/) 0 .... .... c c It) It) ...... ...... C M M ci 3: M M co co .... ~ CD CD >< ...... ...... N a:I ;..: Q) .0 E ;..: ::l Qj Q) Z .0 C. E c: >. 0 I- ::l :e .... z Q) Q) 0 "0 (/J N '0 <C E en U e ~ ..... B w ~ . .... ~ i w ,.c Ie) ... o iii t: ~ .. ~ co .i; .. "tJ .. ... e <J '0 c ,., co E " ~ ~ co <J :;; .5 .. 01 co Q. "tJ C co .Sl co "tJ .. oS c o "tJ E .. ::c 'E co :i .. .<: t- .5 "tJ r--~ 08- 01i N-g ...... .. fD: N~ ......; or- g O~ 'S; .. .. > 'iii " U c o u '" co G> .... ns C Cal O~ .- e .... Q. ns .!!l Ug Qj -.. .Qtj ~~ c..~ lOA I FRIDAY. JANUARY 26. 2007 A NATION NEW YORK MiamiHerald.com I THE MIAMI HERALD Institute to release letters by Anne Frank's father ... c .Sl c o u ,., c co .. '" ~ " Q. e l5 - '0 is. >< .. ,., ; ,., C co .5 SZ A New York research institution plans to release letters written by the father of Anne Frank, who had detailed his efforts to flee Nazi~occupied Netherlands with his family. BY ULA ILNYTZYK Associated Press NEW YORK - Newly dis- closed letters written by the get them out oj Holland," she said. YIVO will release the let~ lets on Feb. 14, Calligari said. She said YIVO hired Holo- caust experts 10 study the f1J.es, which also include records from various agencies that helped people emigrate (rom Europe. The disclosure came as a surprise to Bernd "Buddy" Elias, Anne Frank's cousin and father of Holocaust victim Anne Frank illuminate his des- perate attempts to get his fam- ily out of the Nazi-occupied Nethedands. The VIVO Inslitute for Jewish Research, a New York- based institution dedicated to the history and culture of East- ern European Jews, said Thursday it had discovered the file about a year-and-a-balf ago among 100,000 other Holocaust-related documents. The institute did not immedi- alely disclose the lind because it had to explore copyright and other legal issues, said Cathy Callegari, a spokeswoman ior YrvO. "We have come across the file which belonged to Otto Prank, documenting his efforts to immigrate his family and Introducing unli your five favorit ited calling to sweethearts. Any network, any number, even andlines. 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KI'.....h.d 11>' (a)c()(1"'me' proleClion purpo<;e or S'''"ICe ma,~,,"l.l.Iobile lISA,lne, 02001 T.~ol>ileUSA, I~c. the president of the Anne Frank Foundation in Basel, Switzerland. The organization, established by Otto Frank, holds Ihe rights to Anne Frank's writings, according to its webllite. Callegari said tbe docu- ments include letters that Otto Frank wrote to relatives, friends and officials between April 30, 1941, and Dec. II. 1941, when Germany declared war on the United States. The letters document how otto Frank tried to arrange for his family - wife Edith, daughters Margo and Anne and mother-in-law Rosa Hol- lander - to go to the United Statell or CUb-d. Otto Frank survived tbe war, but his daughter Anne died in a concentration camp. Used cars to be sold from as low as 5179!* South Moton Honda announces the bLuest pA:ke roll bade In FkII'lda hl5totyl On Sab,lIday, J&n~ 271h, Horiai ScKIIh wNI MlU some of tneit uHd can; for only S1:=i.r~1~13:Jn':. wIN also be lValIable The sale bealns at 11 am. with rqIslTatJon sbtI:l~ It 10 am at Hond&South'5 u~'tf.~8:':~~~~~~th DlxieHlJhway The ~:'~~':uo:.~~~sa=::~~m:n't,':' CII Custonleni ue ICivIRd to Mive _If to ...ptwlild choose hi car they wMl ~s=:Sn:1::x~~~~:e:~~- ~::~~t=.=rJ:, ~~~ ":'f1~~C:~I~ni~ nwkedweU 1ow~J..~;~.belNlhanclto&fve -w.wantto~(VlrIandsutd ~.thancetoMl/'ll'lKll1e)'ratheJ thantaJielheMcantoanaucUOn.~'_~~ Interesleclln.usedalwlllflnd........Ide~ tforthelrbu it-with someulowu$119:UlDIIIdint;toc..n.aJ Lester . -AIIu:p,llc&tklns wIU be::rted and all ~pllcatlon r.es wUl bewahled dwF~~J:I:Nwy:JJ;:J;t~:~~~~.. InM=th~~~~rt:t~~tu:~~:!::e~7~= andwllhout~i:r~~~s:'P:~ulddytomw 0ne~cJ:'s:..~~2~;.~~'t:t~~ 17920 S(~,~i~~~ws:! . Miami. RepInUon at 1011R. For men Infonub ell ~ 2Sf;.24BO. Be Smart. Drive South! HONDA SOUTH .3==-==:sr:~~::z..-s::.r-" Q, CITY OF AVENTURA ~ NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN AND NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP PublIcNotlc:.iBlIere~g1'l'en\hatthlCltyD1A'HI'IlurJ.L.ocaIPlanninoAgenl:ywl.meetjn =~~~=~6:ooj).m,tDlIIIIe.rllCtlJllllKWlda AM OROIIWEE OF THE CITY OF AYENTURA. fLORIDA, AIIEMDUIG THE COMPREHEIIIfVf IlASWI PLAN BY AIIENOIMG THE MURE lAHO USE MAP BESlGMATlOttI fOR JlROPER1Y LOCATED fa 3301 NE213 SJREETICNOWN AS WATERWAYS MIlK, MOAf PNmCULAAlY DESCRIBED" uwqR -A-, FROM BUSINESS AIlD OFACE 10 PAJOOi AMD RECREAnON; PAOVIOIItMi FOR TRANSMnTAl TO THE AGEtICIES AS REOWlED UItIU CHAPTER 113, PART II, fl.ORIQl STATUlEI; AND PRIMDlMG fOIl AN EfHCTIVE IWE.lB8lIl11aP bIIowlcrproplltylocatiln) AND AN OADIIWEE OF TIE CITY OF AVENlURA, FLOfUBA, AMENDING THE. OFFICIAL ZONING MAP Of ntE em OF AVENTURA IY AMENDING THE ZON4NG DESlGMAnON FOR A 7.0 ACRE PARCEl Of LAND lOCATED AT 3301 ME 113 SlIEET, KhOWN AS WATlRWAn PAIUt AND MORE I'ARl'ICULARLY DESCRIIED IN EXHIIrf It, FIOM MO, MB>>CAl OFFICe DISTRICT, TO RDS, RECREATlON OPEN SPACE OISTIUC-r, 'ROVIDUfG fOR 1fVERABIurt, 'RO'iID!NG FOR INCUlSIOIlI IN 1ME CODE; PROV_ fOIl; AN EffECTIVE IWt. ("IMP beDw lor prvperty IDcatIGtIJ l' I I ~.. ....""""0...... ; Imll'l8dialettlolDwlnQhLocal~~/I'lll8tlnl;J,ttJaCllyColnmltalonalthl Cltyol~..Iha=body,..conelt\8f(JItntltd1gllaPtMI: _Ing theAmlndmenttDthI llilMPlBnIlldIhBAlntndlnlrllteIleOtlicialZonl"ll MaJlOrdi1ance8dBeailBd . 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