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06-12-2007 Ciu Commission Susan Gottlieb, Mayor A ":!he City of rl-Ventura CiU Man6ger Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy Joel T eri Holzberg Michael Stern Luz Urbaez Weinberg Ciu Clerk Teresa M. Soroka, MMC Ciu Attorney Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA JUNE 12, 2007 following 6 p.m. LPAmeeting 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. APPROVAL OF MINUTES: May 1, 2007 Commission Meeting May 31, 2007 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 07-05-15-2, NE 29 PLACE STREET LIGHTING, TO HORSEPOWER ELECTRIC, INC. AT THE BID PRICE OF $114,000. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID JuDe 12, 2fII1 Commillsioo MeeIiDg AGREEMENT BETWEEN THE CITY OF A VENTURA AND THE CITY OF NORTH BAY VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL TmNGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $75,000 TO SUPPORT THE TRAFFIC VIDEO MONITORING PROGRAM FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM E. MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION AS OUTLINED ON EXHIBIT "A" EFFECTIVE JUNE 1, 2007 F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-090 FOR PROFESSIONAL DESIGN, PERMIT, BID AND CONSTRUCTION REVIEW SERVICES FOR THE WATERWAYS DOG PARK PROJECT BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staffhave made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 5'5" PARKING PAVEMENT SETBACK, WHERE A MINIMUM 10' SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 130', WHERE A MINIMUM SEPARATION OF 330' IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 18450 2 JUDe 12, 2fII1 Crmmi-oo MeeIiDg BISCA YNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READINGIPUBLIC INPUT: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR FOUR PARCELS OF LAND LOCATED ON THE WEST SIDE OF BISCA YNE BOULEVARD BETWEEN NE 213 STREET AND THE NORTH CITY LIMIT FROM MO, MEDICAL OFFICE DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: SECOND READING - PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 wmCH 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. 9. RESOLUTIONS - PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AMENDING RESOLUTION NO. 97-35, RESOLUTION NO. 98-05 AND RESOLUTION NO. 2004-08 TO REVISE THE FEE SCHEDULE FOR DEVELOPMENT REVIEW, PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL TmNGS NECESSARY TO CARRY OUT THE AIMS OF TmS RESOLUTION; PROVIDING AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT 3 JuDe 12, 2fII1 CooImission MeeIiDg SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP JUNE 21, 2007 9 A.M. COMMISSION MEETING JULY 10,2007 6 P.M. COMMISSION WORKSHOP JULY 19, 2007 9 A.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 A~ e, -.....;..:/ MINUTES CITY COMMISSION MEETING MAY 1, 2007 6 P.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:00 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Dr. Martin Karp. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: At the request of the applicant a motion to defer item 6B to the June 12, 2007 Commission meeting was offered by Commissioner Joel, seconded by Commissioner Auerbach and unanimously passed. 4. SPECIAL PRESENTATIONS: Service award was presented to 10-year employee Michael Bentolila by Mr. Soroka. Dr. Martin Karp, Miami-Dade County School Board member, addressed the Commission to provide an update on the Miami-Dade County School system. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Weinberg, seconded by Vice Mayor Stern, unanimously passed and the following action was taken: A. The following minutes were approved: April 10, 2007 Commission Meeting April 19, 2007 Special Meeting April 19, 2007 Workshop Meeting B. The following motion was approved: MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 AND THE LETTER DATED APRIL 5, 2007 ATTACHED HERETO AS ATTACHMENT A." C. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $75,000 TO HIRE AN INFORMATION TECHNOLOGY PROJECT COORDINATOR TO COORDINATE INFORMATION TECHNOLOGY PROJECTS FOR THE POLICE DEPARTMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Mr. Wolpin 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. 6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by the City Clerk. A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING CONDITION 2. OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2005-70 PASSED NOVEMBER 1, 2005 SO AS TO NOW PERMIT COMMERCIAL ADVERTISING ON THE ENTIRE REAR (WEST) FACE OF THE SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND IVES DAIRY ROAD, CITY OF A VENTURA, ON PROPERTY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Vice Mayor Stern. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2007-23 was adopted. B. Deferred to June 12, 2007 Commission Meeting. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: 2 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT; MAKING COLLATERAL CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE CITY CODE INCLUDING SECTIONS 2-348, 2-396, 14-62, 30-95, 31-21, 31-150, 31-191, 38-32, 45-35; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Auerbach 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. 2007-07 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2006/07 (JULY 1 - JUNE 30) BY REVISING THE 2006/2007 FISCAL YEAR BUDGET DOCUMENT 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 Holzberg. 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. 2007-08 was enacted. C. CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 - JUNE 30), PURSUANT TO SECTION 3 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Diamond. 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. 2007-09 was enacted. 9. ORDINANCES: SECOND READING: PUBLIC HEARING: None. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: 13. OTHER BUSINESS: None. 14. 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 6:25 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 A~ e. ,..,.",,#' MINUTES CITY COMMISSION WORKSHOP MEETING MAY 31,20079 A.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9:00 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg (arrived at 9:10 a.m.), Vice Mayor Michael Stern, 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. POINT EAST THREE CONDOMINIUM CORPORATION - SEAWALL FACILITY: Michael Rodriguez, Esq., Greenspoon Marder, 250 S. Australian Avenue, West Palm Beach, representing this corporation, addressed the Commission and advised that he agrees with the opinion of the City Attorney that the seawall damage at Point East caused by the 2005 hurricanes is not the responsibility of the City and that the corporation would be responsible for making the necessary repairs. CITY MANAGER SUMMARY: No action necessary. City agreed to provide ample time to the association to make the necessary repairs. 2. REQUEST OF SUPPORT FROM SUNNY ISLES BEACH FOR WATER TAXI PROJECT (City Manager): Sunny Isles Beach City Manager John Szerlag, Vice Mayor Lewis Thaler and their consultant, Jerry Bell requested support from the Commission to locate the Northern Terminus of Miami-Dade County's proposed Water Taxi Pilot Project at the marina site recently purchased by Sunny Isles Beach. CITY MANAGER SUMMARY: Consensus to provide letter of support. 3. CAPITAL IMPROVEMENT PROGRAM 2007-2012 BRIEFING (City Manager): Mr. Soroka provided a powerpoint briefing report on the proposed program. CITY MANAGER SUMMARY: Consensus to proceed with formal approval at the July Commission meeting. 4. RECOGNITION OF SCHOOLS SERVING A VENTURA STUDENTS (Commissioner Joel): Commissioner Joel recommended recognizing all public schools servicing the City for all the work they do on behalf of the city's students. CITY MANAGER SUMMARY: Consensus to proceed with presentation of proclamations to each respective principal, including the City's Charter School, and area Superintendent Enid Weissman. 5. FOUNDERS DAY PROGRAM (City Manager): Mr. Soroka provided a proposed program. CITY MANAGER SUMMARY: Consensus to proceed. 6. CULTURAL EVENT REQUEST (Commissioner Diamond): Commissioner Diamond requested the City make available one of its facilities for a presentation by former Commissioner Arthur Berger entitled "Radiant Maiden" based on a one-act play by Edgar Allan Poe. CITY MANAGER SUMMARY: After discussion, former Commissioner Berger withdrew his offer to present this play. 7. CITY MANAGER REVIEW (Commissioner Joel): Commissioner Joel commended the City Manager on his outstanding accomplishments this past evaluation period and throughout his tenure with the City. He noted that because of the impending tax reform, the City Manager has requested no modifications to his contract or pay increase that would impact future budgets. Commissioner Joel recommended that he receive a bonus of $15,000. CITY MANAGER SUMMARY: Consensus to approve. 8. 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 10:45 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 TO: City Commission FROM: Eric M. Soroka, ICMA, City afj BY: Antonio F . Tomei, Capital P DATE: May 16, 2007 SUBJECT: Bid No: 07-05-15-2 - NE 29th Place Street Lighting June 12, 2007 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 07-05-15-2, NE 29th Place Street Lighting Improvements to the lowest responsible and responsive bidder, Horsepower Electric, Inc. for the bid price of 114,000. This project is included in the Capital Improvements Program. BACKGROUND In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on May 15,2007. The City received five (5) bids for this project. Horsepower Electric, Inc. ECS, Inc. Signal Technology R & 0 Electric Underpower Corp. $114,000 $128,000 $129,950 $285,490 $450,000 This bid price allows for installation of a complete working ~stem of fourteen (14~ decorative street lights on NE 29th Place between NE 203 Street and NE 199t Avenue. The $114,000 low bid amount is inclusive of costs to perform work on the roadway only during the hours of 9:00pm to 6:00am due to the heavy volume of traffic during the daytime. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 07-05-15-2, NE 29 PLACE STREET LIGHTING, TO HORSEPOWER ELECTRIC, INC. AT THE BID PRICE OF $114,000. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 07-05-15-2, NE 29 Place Street Lighting; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Horsepower Electric, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 07-05-15-2, NE 29 Place Street Lighting, is hereby awarded to Horsepower Electric, Inc. in the amount of $114,000. Section 2: That the City Manager is. hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and Resolution No. 2007- Page 2 specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Capital Improvements Program Budget Line Item Number 120-5001-541-6307. Section 5: This Resolution shall be 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 Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb Resolution No. 2007- Page 3 PASSED AND ADOPTED this 1ih day of June, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. 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QZ~ C :I: ~ :j Q) Z - Q II.) C C :-0 ~ SECTION 00410 (C(Q)[P)W BID FORM THIS BID IS SUBMITTED TO: City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 BID FOR: Northeast 29th Place Street Lighting BID NO: 07-05-15-2 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of A ventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of A ward. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Dated:~7 Dated: 5- 2- () 7 Dated: Dated: Addendum No. Addendum No. Addendum No. Addendum No. , 2. (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions ofthe Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. Northeast 29th Place Street Lighting City of Aventura Bid No. 07-05-15-2 Addendum No.2 5/2/07 00410 - 1 (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (1) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 3. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all ofthe Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of V alues, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: BIDDER agrees that the work will be complete in full within 120 calendar days from the date stipulated in the Notice to Proceed. 4. Communications concerning this Bid shall be addressed to: Northeast 29th Place Street Lighting City of Aventura Bid No. 07-05-15-2 Addendum No.2 5/2/07 00410 - 2 BIDDER: Address: Telephone Facsimile Number Attention: I lE: 3C's .3c~ Nil L.H- At7 L IL. 5. The terms used in this Bid which are defined in the General Conditions ofthe Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY N\ b.'( Northeast 29th Place Street Lighting City of Aventura Bid No. 07-05-15-2 Addendum No.2 5/2/07 15 , 20 D 1 00410 - 3 SECTION 00410 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT GENERAL REQUIREMENTS BASE BID Extended Item Quantity Description Unit Unit Price Cost General 1 1 General Conditions LS $ SOo $ .560 2 1 Mobilization LS $ '3/ ~oO $ ~/~Ot) 3 1 Maintenance of Traffic LS $ 5; DOO $ Stooo 4 1 FPL Coordination LS $ 500 $ .sO(} Electrical 5 800 2" PVC Schedule 40 conduit, furnish LF $ ,5 $ ~ 000 and install, complete in place 6 1400 Directional bore conduit under LF $ S $ 7; 000 existing roadway/sidewalk 7 5700 #6 XHHW Conductors, provide and LF $ J $ 5/700 install 8 1000 #2/0 XHHW Conductors, provide and LF $ 1,50 $ J ,5b() Northeast 29th Place Street Lighting City of Aventura Bid No. 07-05-15-2 Addendum No.2 5/2/07 00410 - 4 install 9 2 Provide and Install new pullbox EA $ 'OoD $ Illoo{) complete in place ~~ 221200 10 6 Install New Single fixture Street pole EA $~ with banner arms, concrete base and pullbox complete in place P2 39YZJ 218000 I 11 8 Install New Single fixture Street pole Ey~ $~ without banner arms, concrete base and pullbox complete in place EA~ '2-5)/0/ $ 12 1 New Electrical Service Point, 2~11J~ complete in place. Subtotal (ft $ qs; ~IJ TOTAL VALUE OF BASE BID $ ,..,--~" ONQ hONdJ'pj) :roUt. J&(}tfS~N~ /' 6tJQ MOIIJdrtJ& J FouR- /1 ALTI<:Ii~ATE BID ITEMS f~ ~ Item Quantity Description Unit Unit Price Extended Cost General 1 1 Perform Work During Night Time Hours (9 PM - 6:00 AM) Northeast 29th Place Street Lighting City of Aventura Bid No. 07-05-15-2 Addendum No.2 5/2/07 $1'2.1 $ ~- /I~~ IIC/OJ{) \' /&vi 00410 - 5 TOTAL VALUE OF ALTERNATE BID Northeast 29th Place Street Lighting City of Aventura Bid No. 07-05-15-2 Addendum No.2 5/2/07 00410 - 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: May 30,2007 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit SUBJECT: Law Enforcement Mutual Aid Agreement BetWeen the City and North Bay Village June 12, 2007 City Commission Meeting Agenda Item 5'-c.. RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with North Bay Village. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/act Attachment CC01520-07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF A VENTURA AND THE CITY OF NORTH BAY VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of North Bay Village for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez-Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb Resolution No. 2007.. Page 2 PASSED AND ADOPTED this 1ih day of June, 2007. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form andJ_egal Sufficiency: NJ~~ City Attorney MUTUAL AID AGREEMENT Between the North Bay Village Police Department and the City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the City of North Bay Village, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the City of North Bay Village, subdivision of the State of Florida, and the undersigned representatives, in consideration of mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and intensive law enforcement situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Definitions: A. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. B. Agency or participating law enforcement agency: Either the City of North Bay Village Police Department or the participating municipal police department. C. Agency Head: Either the Chief of the City of North Bay Village Police Department, or the Chiefs designees, and the Chief of Police of the participating municipal police department, or the Chiefs designees. D. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: A. In the event that a party to this Agreement is in need of assistance, as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. B. Each party to this Agreement agrees to furnish necessary man power, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete, unreasonably, its own manpower, equipment, facilities, and other resources and services in rendering such assistance. C. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are regularly employed. B. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equip- ment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. C. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. D. All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2012, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this _day of ,2007. City Manager, City of N. Bay Village, FL City Manager, City of Aventura, Florida ATTEST: ATTEST: City Clerk, City of N. Bay Village, FL City Clerk, City of Aventura, Florida TERESA M. SOROKA, MMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney, City of Aventura, Florida City Attorney, City of N. Bay Village, FL JOINT DECLARATION OF THE CHIEF OF THE CITY Of AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF NORTH BAY VILLAGE POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of Aventura, Florida, and the City of North Bay Village, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes 3. Any natural disaster 4. Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures 5. Terrorist activities including, but not limited to, acts of sabotage 6. Escapes from or disturbances within detention facilities 7. Hostage and barricaded subject situations, and aircraft piracy 8. Control of major crime scenes, area searches, perimeter control, backups to emergency and in-progress calls, pursuits, and missing persons calls 9. Enemy attack 10. Transportation of evidence requiring security 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions 12. Security and escort duties for dignitaries 13. Emergency situations in which one agency cannot perform its functional objective 14. Incidents requIring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information 15. Joint training in areas of mutual need 16. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries DATE: ~~7 DATE: Chief of Police, N. Bay Village Police N. Bay Village, Florida ~-r l_ - Chief of Police, City of Aventura Aventura, Florida ATTEST: ATTEST: City of N. Bay Village, FL, CITY CLERK City Clerk, City of Aventura TERESA M. SOROKA, lIMC \/, CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City. TO: City Commission DATE: May 30, 2007 SUBJECT: Disbursement of Police Forfeiture Funds June 12, 2007 City Commission Meeting Agenda Item..s:.b 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 $75,000 to support the Traffic Video Monitoring Program 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 CC01521-07 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Steven Steinberg, Chief of Police DATE: May 24, 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: TVMS Project $75,000 Total Expenditure Request: $75,000 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 TVMS Project - This request is being made to spend up to $75,000 towards the TVMS project currently under way. This project will provide for a traffic video monitoring system, via cameras, at various locations around the city. E'IJf /1>1 T t1 A '/ A6f.1JDA 1~.5 k CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM May 30.2007 /1A TO: FROM: DATE: City Commission Commissioner Billy Joel SUBJECT: City Manager Evaluation I think we all agree that we are very fortunate to have Eric as our City Manager. His accomplishments with the City are too numerous to outline in this memorandum. Very few cities have a manager with his 27 years of experience, longevity and more important, the stability he has provided to our city over the past 11 years. I would like to recognize three areas of his exceptional work over this evaluation period. During this past year, the City has made great strides in creating the concept of a Performing Arts Center. Although the impending property tax reform legislation may render this project financially unfeasible, we would not have gotten to this point without Eric's oversight and coordination of the various complicated components of a project of this magnitude as envisioned by this Commission. We have all been impressed with our City Manager's ability to analyze each one of the complicated proposed tax reform packages presented during the legislative session and his commitment to updating the City Commission. We have all been briefed on the possible implications that the tax reform proposals would have on our ability to continue the various levels of services we now provide. As we approach the special legislative session and the possible impacts of the tax reform, I know that because Eric has done his homework, we are prepared as a Commission to deal with the uncertainties. Finally, I cannot say enough about our City Manager's foresight in establishing a government that privatizes many of its services. That decision provided a strong financial foundation to place our city in a better position than most to deal with the impact of the proposed tax reform legislation. I'm also impressed with his ongoing ability to constantly look for ways to save the taxpayers money. Based on these uncertain economic times, the City Manager has requested no modifications to his contract or pay increase that would impact future budgets. Instead, we have agreed to a net bonus of $15,000 which would have no impact on future budgets nor would other employee benefits such as pension, workers compensation. etc., be affected. BJ/tms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, leMA-CM, City TO: City Commission DATE: June 5, 2007 SUBJECT: Work Authorization No. 01-0103-09 - Design and Permitting for Waterways Dog Park June 12, 2007 City Commission Meeting Agenda Item 5- F RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Work Authorization with Craven Thompson and Associates to design, permit, bid and provide construction review for the proposed Waterways Dog Park Project. The estimated cost is $37,500 which is consistent with the cost projections prepared originally for this project. This item will be charged to the Park Impact Fee Fund. If you have any questions, please feel free to contact me. EMS/act Attachment CC01522-07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-090 FOR PROFESSIONAL DESIGN, PERMIT, BID AND CONSTRUCTION REVIEW SERVICES FOR THE WATERWAYS DOG PARK PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; 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 to execute the attached Work Authorization No. 01-0103-090 ($37,500.00) for professional design, permit, bid and construction review services by and between the City and Craven Thompson and Associates, Inc. Section 2. That the City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: , who moved its , and upon being Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb Resolution No. 2007-_ Page 2 PASSED AND ADOPTED this 1ih day of June, 2007. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ~11.t) ~ CITY A TIORNEY SUSAN GOTTLIEB, MAYOR WORK AUTHORIZATION NO. 01-0103-090 The City of Aventura has requested Work Authorization No. 01-0103-090 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01-0103-090 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 ofthe Agreement. Design Phase Update Survey (34040) ............................. .... .... ....... ..... ....... .......................... .......... $1 ,800.00 Prepare Design Drawings (32030) ......................................................................... $15,200.00 Project Management (34080) ....... ............ ........ ........... ........ ..... ............... ... ....... ....... $1.500.00 Total Design Development Phase ............................... ......................................... $18,800.00 Permitting Phase Prepare and Process Permits (34050) ......... ....... ............ ....... ............ .... .... ........ ........ $2,200.00 To tal Pel"lllitting P hase .......................................................................................... $2,2 00.00 Bidding Phase Prepare Bid Documents (34060) .............................................................................. ~ i.JOO.OO Total Bidding Phase ............................................................................................... $1,500.00 Construction Phase Daily Site Visits (based on 120 day const) (34070) ................................................. $8,800.00 Project Closeout Documentation (34070) ................ ... ....................... ...................... $1.000.00 Total Construction P hase ..............~.......................... ............................................. $9,800.00 Reimbursable Expenses Printing, Graphics, Communications (34100)................. ......... .... .......... ......... ............ $500.00 Geotechnical/Utility Locates (33170) ...................................................................... $4,500.00 Couriers, Express Mail, Etc (34] 00). .......................................................................... $500.00 Total Reim bu rsa ble Expenses ............................................................................... $5,500.00 Total Estimated Labor Expenses are ...................................................................... $32,000.00 Total Estimated Reimbursable Expenses are ........................................................... $5,500.00 The time period for this work authorization will be: Design Phase ............................................................100 Days Permitting Phase....... ....................._...... ...................... 60 Days Bidding Phase...................... .............. ........ ..... ............75 Days Construction Services Phase (estimate) ................... 150 Days CITY: ATIEST CITY OF A VENTURA, FLORIDA through its City Manager BY BY City Clerk City Manager Teresa M. Soroka. MMC Eric M. Soroka. ICMA-CM day of ,2007 APPROVED AS TO FORM BY Notice to Proceed Yes No City Attorney Weiss Serota & Helfman, P.A. Project Initiation Date RECOMMENDED through its Director of Community Services BY Director of Community Services Robert M. Shennan. CPRP day of ,2007 EXHIBIT "A" Consultant shall provide professional consulting services for the development of the new dog park to be located at Waterways Park, located on NE 213th Avenue (Yacht Club Drive) and NE 34th A venue. Craven Thompson and Associates, Inc. (CT A) will provide a survey update, civil engineering. and project management services for the project. The plans will be based on the preliminary site plan (Alternate B) prepared by the Consultant dated 10/9/06. Consultant will more specifically perform the following: . Update existing site survey from ] /6/06. . Prepare demolition, paving. grading, drainage and signing and marking drawings for the new dog park. . Prepare, submit, and process permit applications through Miami-Dade County DERM. . Prepare Engineer's Cost Estimate for the proposed improvements. . Prepare technical specifications to include with the City's Bid package and assist City in bidding the project. . Miscellaneous coordination with agencies, franchise utilities, and/or City. . Construction services, including periodic observation of the work to aSSure C::~l, ,mance with specifications and drawings. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager TO: City Commission BY: Joanne Carr, AI Planning Director DATE: June 8,2007 SUBJECT: Request of Mario Kaller for (1) Variance from Section 31-171(a)(7) to allow a 5'5" parking pavement setback where a minimum 10' parking pavement setback is required by Code; and (2) Variance from Section 31- 172(c)(2) to allow a landscaped driveway separation of 130', where a minimum landscaped separation of 330' is required by Code for driveways on arterial roads for property in the Community Business (B2) District and located at 18450 Biscayne Boulevard south of Miami Gardens Drive, City of Aventura (01-VAR-07). June 12, 2007 City Commission Meeting Agenda Item ~ This application was deferred from the May 1, 2007 City Commission meeting at the request of the applicant. The applicant has now provided a traffic engineering report dated June 5, 2007 evaluating the safety of the proposed entrance onto Biscayne Boulevard. This report is attached for Commission's information. JUN.05.2007 17:49 30579264820000000000 LAW OFFICES ROSENTHAL -... .. ROSENTHAL _"0" . RASCO, LLC ROSENTHALROSENTHALRASCO 000000 #1012 P.002 June 5, 2007 EDlJARI.>O 1. RASCO .AJ.AN S. ROSHN'I'HA.I Cet'tf/'/.e,t Civil M'.,,/I<;tQf KhR.RY E. ROSliN'I'liAL Plr.w,d,1 JiI:,,,,,I f:,,,,I!({Nl 1f.;>,lI Jisk,k: .11101'11.<'.1' F ACSTl\1TLE NUMBER: 305-46(;-8919 Mr. Eric Soroka City Manager CITY OF AVENTURA 2999 N. E. 191st Street Suite 500 A ventura, Florida 33180 NICHOlAS 1. UEnSON .K.EVIN s. (TROS~tlEl.D Jh';;S1CA B. lASSMAN O~tlfl;>d F"mi()' lIf"tIkm.,,' nf:A'I'ItF.RA. SCOTT MARlN s. Sn^IISHt~ Ro; KaUer Retai I Building - City of Aventura Site Plan Approval . 18450 Biscayne Boulevard Dear Mr. Soroka: In conneclioll with the captioned matter, 1 am providing herewith a '''ramc Engineering Report prepared by Traft Tcch Engineering, Tnc" which discusses in detail the utilization of the contemplated driveway set forth in the SitePlansubmitted to the City tor the captioned property_ The essence of the report evidcnce~ tllilt it is their opinion the proposed access dri veway will function in a ~afe manner. I have 110t provided Attachments A or B as the City already has copie~ 0.11 file as part of the Site Plan approval package. I am enclosing herewith as well a copy of the proposed State Highway Access . Connection Notice ofTntent to Issue Permit issued by. the State on;'lorida, Department of Transportation for the subject property, which is required plioI' to securing the actual permit for the installation of the dliveway. We would respectfully submit that the Department of Tran~p()rlatioll would not have issued this Notice of Intent to Issue Pennit unless they felt that the subject driveway was appropriate and safe. I would hope that these documents will assuage any fears that the driveway in question on the Site Plan submitted would create a hazardal that location. . T would appreciate your contacting me regarding the enclosed subsCtluent to reviewing the same, and thanking you for your courtesy and cooperation herein Tremain. . ASR:cw Enclosures cc: Mrs. Joanne CalT Sincerely, --"---..., ROSENtH~,~~Ji~RASCO // ~~~-~~ C-...........- ~-"""'. ". ".., ~~. RY--=-_. .... _'". _."'_ ..:\LAN NTHAL .- l'umberry Pla"a, Sllil:~ <;00, 2875 NOTlheast 191,~l Slreel, A..vennu'n; flOj;CU :):SH~O 30Sm7,0300 I Fax: 305,937.1311 JUN.05.2007 17:49 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.003 Tr.' Tecb ENGINEERING. INC. June 5, 2007 Mr. Joseph KaUer Joseph B. KaUer &: Associates; P.A. 2417 Hollywood aoulevard Hollywood. Florida 33020 Re: KaUer Retail Building - Aventura., .Florida Dear Mr. Kaller: Per }tour request, Traf Tech Engineerit1g, Inc. has reviewed the propOsed ~s pJan associated with the proposed kaUer Retail Building planned to be located. on. the west side of Biscayne Boulev~ approxiinate]y 50 feetsciutb of Miami. Om-dens Drive in the City of A ven~ FJorida. The site is cWTetltlYOccupied.. by ~ abBndonedgasoUne service station. The abandoned development. was previously.. serv'ed by two right-turn Wright-turn out access driveways located on.thewest side ofBisc@yn~Boulevard (refer to copy of survey in Attachment A). The northernmost access driveway is located approximately 60 feet south of Miami... ~en.s Drive . while. the .southeriunost entrance/exit driveway is located ~ppr<>,>cimately 225 feet south of Miami Gardens DriVe. . . The :southern poniOD of the ex;istirtg ~crvice. station. wilJ be replaced with.a SmWl retail building (1,750 square feet) ;md will be served by one right-turn in/right-turn out driveway located approximately 200 fce~ south of Miami. G8.rdefus'Drive~ .A l;;Opy of tOe proposed site plan is contained in Attachment 9; The propoSed. deveIOPinent,u,cluding its proposed access plan, was conceptually reViewed · arid approved i;)ythe FDOT (Biscayne Boulevard is under the jUrisdiction of theFDOT). A copy cif FDOT's conceptual review letter is contained in Attachment C. . Bi$Cayne Boulevard. in the vicinity of Miami Garde:tis Drlve~isclassified. as an Access Class 5 facility by the FOOT. The proposed driveway location asSociated with the Kaller Retail Building is within acceptable deviation from. FDOT's minimum driveway spacing standards, trom Miami . Gardens Drive. .. Based on the above infolTl:lation, Traf Tech EngineeriiIg is of the opinioJ:l that the proposed access driveway associated with the KaUer Retail Building Will fuD.cti(ln in Ii sate manner as proposed.. . . . . . . . T 6400 North Llniversity Drive, Suite 202. Tamafac. florrda 33321 Tel; (954) 582-0988Fax:(~54) 582':'~89 I"" . ~:', '" .. ,: . . ..; , . ,,,,.. ."" 30579264820000000000 17:50 JUN.05.2007 .. . . GMt!) Of h()j.jlb....I)I:PIl~n..i!:NT l;l/'i~sj.>QR-tATf6N . ..~O.. SED Sl"A 1'E II/GkWAYACCESS CQNNeCl"IQN OTJCE Or: IH"'~NT TO ISSUE PER.MIT ''''.."..t, r... ~.... .... .0'..... . · eon''''etio.,. ...i....,.... .n..,;, po",,~. ALSO NOTe Tff,s NOTICE 01' 'N"NT '. ONL Y VALID 00.,.1 Ye~R mol.! s'oNiNO DAre 'N P A. T B . .=---""-._~-------'----,-~._-- 4ll" " """"""'NT lllFOIlM.s:noN . .. . ROSENTHALROSENTHALRASCO 012 P.004 000000 !~"V - ':;,.;It ~ _ . . FORM OM,010.P,: SYl:;T!M6; I'l.ANNINC /)1jI/(J:? 1'110_16'<1. APf)/rCflnt:~(i!LKEl~ ~~ --~~~-- . . F>fIlfun SI3If Rup~tiltlw. . . ~-~~~-~---- IR.......,,,,,,,,,,). ~'!..Kgp,~ ~--~----o-'--_________ ".,,~ Add""" " " NW 8' ~ , """ ~ . . . '. . J>"'iJ""..... ~ " .""",. · ---'-~-4 ~ _ _____~=""'-'- ~-----=~_ "1 . . . '.. . '. .,.. ..... . ~" You ARl; HEFtE8Y AD\lJSFiD: -.--- ----.------- -~~------_._-_._---_._---~._-- PARl" 2, Non '0. "ITSJrtnOlblJe I'EJttIIT . .. ~---------- --~~---~------------- . TIJe Fro... """"n,",,", 0' r,an"",".a"" h.. ,,,,,,, ~W_for cOIlS;i5letJcy WIth RtJlQ Ch~Pter 14. .,," .....n Oille"" 'nd he'.b, ~,.., Ih~ "Noae..o. ---'- I$I;';/Ie tho SlIbj&C1 (l lei.. i'."~,,, oli.. '''bhoc' <~"e'on P~Mlij ApP''''''''Oh roc..,,,,,. . RUle Chop,., "-n Ond eun."'o."o...i... "'adnli, '"""'" Intall/" to: Mf.OJS.j At-[[ ----lI- '"'''' tho '''bJ<<,.. . i, OO".~,.",.~"" tho pO.ri' APPIi.."o" .n'.Ubj." '" 'o. attached Pr()lIfa;ons. it Consls'~llt With "he perml. Application. ~~lI9~ -""'m!tgp.... !1QTj,p"'-fI ,. n."i!J!!j<'m...OIif4t....~ -Th. '''.m.'' "'''' b. i".Od on., "......'aee ...... ~'''''f th". v.". '0'" ......hm.,,' . ''''''opmeot apP,o'O'o'.'''''P",ht .",.,,,,, boe" Oi.." ,. 'ojlO. ..,..". b, tho OO"''''c/lon Ond 'P,,<lel .'"';"M offh. .PptO'., <O"'~"nf""h "" P."....pJf".'i"", 'nd lc:Jitions Pff!vioU$ly noted. ~.""".fO" .""" on .... -.h'-o'"",y ./0.11 be l"iIi,ted "fU 'he D.';o"",.., PO"'i' ''''<i'';~il, ;....d.Annh,n~.. '. ~.(.) p'O" wW t<q.i.. ......"'.aO" of 'h. OOlln'<"II.n 'J. Thl' notic'; I. ""Iy "Nd on.. ,..,..", th.'d./. Of i""..,. eh only be '''.ndad ""'" ..""".f by 'h. D.P.""'.I, I,,, """"'''', 0.1sJd. ,~.. COn/'OI..f "" .PpI'o", P."'.O."' to 1<, 96. Thi. N.'1ee or '"'.n, ~ ".n"'".b''' .. '-Ie .hly to R.1e 14-$s, FAe.: "- ~._-------- ---0;;... cd';;;' .,;;; -c-cc-c.......~ ~ -c ~--.:~ _ _ --.J 0f:'Cl 8/t'g 000000000028u926LS . 101;a2- to-.),l:lW :WOJj 2t:8t "', ",... .... .. ':. '. . JUN.05.2007 17:50 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.005 /011 FORM ASO.04.I'l.2~ GY5H:M~ PJ.ANhlrI-IC UII1lJ1 ".oe 2 of ~ .. ~ .' PAAT3:CONQIl'IONS {'nl1ditint/s lu be //lef It{~r'JT(: P"t'II11t will (! i,\",W/?fI: 1. f)el'(l./oprnf:nllJpprol'olj'l'tlm thi~ Ill' 1/ (jprial(~ /ol~al r.nvemJ1t(ni~omi.~lI-!m wi,li 111,- N,'Ij/!(!f 'd ItII/mllo Pel mH (i. ,'. 6l<lltli,,~ P(!l7i It) 2. f'rn,'ide (J .I.andscape p~n,]jf applil'l.lil.lr1:, !!tJwr/? Wtlll!dbt: tJ ni1P.n 10 r(!/(lnr//.,'l.Iny {!,xi,tlil'l!; IJ'(W~' within tile FDOT righl u/ KlI.lJI. 1. P,'f'lIidt! 4 o"'kjl1a/~v ,tignp,tl "dm'L!I-/" '~I' cQfl!wCl1n/1 p(~,.m't ''.ful'l/i# N:)(I-(};fiJ~Ol.8' (St~t! ."'t:lf),~e~i). cc: Cllarlt',~ O. Blidi.uh'w, P.p.~. 8ft I Sowh Ot.'eull [)l'iw. Sulll.' 101 lJo/~l'wf.lod. FL 33019 "I(.} 9J1 t)J7~()j6J -. --- ----------- U",I'; fld itiuII21 sheet jf necessary C ntli'luOd Ned P~~e ...~~ "-.--.~ 8/2'd 00laOO0000028b'326LS0li::ol :WO.l.:/ 2f:8t 2.eJI:'l2-'(:0-).tJW JUN.05.2007 17:50 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.006 /011 FORM a,o;no(l..O-~~ 1,'rSlI:Mll tot A.NNI"'(; M/m F'.g. :I"'~ PART 3; CONDlTJONS nmdjli(m,~ I" J". It wi bl1/'ore f'l!l'mi! will L' i.~~'!wd: J. De 1.f:!opl1l(ml (ItWt'Ollll/ jrwlI (/w a >prol'riaft: !fJ"at,f',ovR/"t11rH./i7i COIlS is'~nI willt IIIC! NM ,,:t: 4/ Imf;l1( 10. Permit. (I. c. hu ilding Pi.'ft it). .. . .' '.' 2, J'rrwide u I,mld~'c({p~ pl/I'mi( appJicl 111m. if/he-l't' wouJ./ !It" a FI(:edl" rl?loulf('. ,atly t:},i.Winif rr~t!J' wi,hin/"t; FDOr Ught QlWt7I', 3. f'J-r)llrd/l J W'lghM/~v Sif.!#iid "drjv~.'\1 {V C(JYllu:t.'Iimt /,t:,.,Hi,"/vnn ff 8;'iO-{)40-()11J (J:(!.(! ~~"'dnse,)) cc: r'I(II'I~.. O. JJU~kalp.U'. ./'.1:.'., 80 j Soutlt Oc,'af/ Drill/:: SlJit(~ .Wl IhJ/~v\l'u{]d. Fr. .lJ(J19 IRI V54 ()n~()5()J .---...'-----.-. Use ~d ltlCll"laJ sheet if neun:l>61ry C ntinued "'~,ct P.g.-~. ----,~. '--'--- 8/['d 00000e~00020b926LSe[:ol :wo~= 2f;8t L~~a-t0-^~W JUN.05,2007 17:50 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.007 /011 I-0RM .60.040-N 6YS1(;M~ f'lANNIN(; OOllJ2, P"lIll 30'. ..----..... --. PART 4; OTlce OF DEPARTM!NT AUTWORrry 1. All approved conn~dion(s} and ItIm;l1~ , Klvement~ ~rCl subjt\l':t to the Departmerit'S contii'll/In!) ~uthority totevolc.e Or modify tlUr.t1 connoctlon(s) or tuminQ' oV(;Jml:lJltsin 'ordAt To protect safety ;tnd fraffic operation!; Mthe state highway Dr Slale Hlgnway Syttl!lm . , , -.. . ------.~_.... ~~.- - ._--'~ 2. Transpol1ation Control Features in th .tate right of way. TransPOr1atlon (;ulltrol teaiure$ in the DlIIpartll'lent'$ right (Jf w.y, in c:ludinQ , but 'lOt IU'nit@d to, tramc iig.n;j/s. I'r\Cdt8f1l:!. median opcminy:o, or any OthA(ttan~portalion contror featlJfE:~ Or meaSUI'e:J5 in 'l1e sl~te right of way 81ll oper8tjonaJ~nd sali:l!y Cnlillfli'Ctensticro (if '(he Slate' , Highway and IJf~ not mea~5 01 aC(;~SR. he Deparlth!!1l1 n:l;3.yil)$tall, remove or mbdity /illy present or futW'~ h'aIlKpor1alion conl,.o[ feature in fhe stale I iyht Of' w:JY ,EIlIt;/1 as median 'bPtwitl9, traffj~ COl"\trol device 0(11 feature affucti/l{j tuminQ movement!; through 8 c nntlr,;lIon. to lflllkl'l Changc-s 10 pfomotesafety II' the right tif Wl.'ly or efficient trllfflc oper.:dlo/l:; on Ill", hiOhw3. -.. _.~_. ---- .... .-- ---':'-.o--..~ _ ___--..-.......... T5:DEPARTMENTCONTACT "'.. --, .-...:..--.......- .-------.--..... NAM~: !J.Lt;.halil,,!mUlr.h ADDF:ESS:._ JO(JO NW J l1'IJ,:11~ ---- ..- -, --- ,.)t/itt!!lL.-"-L J J J l.J --...--- PHONe:, (10,,~ 4l0-.51ti7 .- - --.---........_- ---',.-, .-----.-. ......,..... .,- ...."---------.1.....- ,',__ . TURe O~OEPARTMENT AUTHOIltITY : , , .-,-. '----'-'" fiIGNA'rURI: OF DF.:PARTME;NT OFFICIAL. '/., '/~ , )..~ ~~...., '.-.., ,- PRINT OR TYPE NAME: 1/iKh, PRINT OR TYPE r'OS/TION~,:.-1~iflllllf [I). Il'idPermil.\' rllxinc'c.~' DATE: _.Mau:"f1j(i, JnOl.._ ~I- _---........,.'_._ (JQ..~) 47().5367 '---- --- ,.-----.-. --..._. . -~"",':~ . ,.'~~._.. Continued I'txtpage 8/b'd 000000000028b926LS0[:ol :WOJj 2t:81 L002..:t0-A~ i:,:'~, : JUN.05.2007 17:50 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.OOB 1011 POnM 8$6-010':!:~ ,SVSTeM/,; PI.ANNING OM\~ P.~.1 or4 - ...----.~ .... ..... .... , RT 1: APPEAL. PROCEDURES Yo~r may requtlst an ;ltjminlStrative hQi:rlrl!l pursue I te S6etlon~ f20:!lH~i !\nd 1 :10.57. Florida StliliIJh'lJ'i. If Yllll di~~grec wilh the faets statod In the forcgoirlg Notice of Intended Oepartn nl AC!l'lfI (hereinafter ,Notiea), you n;.-.y rcq~e~llll fumud admlnlslrativa h~~'lr\(J purJ;.lrlln! to SecUon 120.57(1\, r-loritl;'t 1::13tlltes. II UI.I'Wlee With th~ fncts ~till,'~ ,iollie, NollclIl, ynu n~y request ill\ jt'ljGrmal Oi<lminiatr:llllle tle.,rlng pl,ll'$Ullnl to Section 12(') f\7( ), FloiidQ Slillt!,jn You n'l:1l~1 OElnd lh~ written req\Jesl to: CIA'rll II Agllncy PrQ~eeding& Ot'PlI. ent M'l',l\nSDoru.tlort Hayd ., Bur(rii 8uilding , 605 fj wannee Streel,M"S 58 ""..lIil ssee, Floriga 32399.(14(,8 Tile wrlttlll'> rcqulJ'l for 8n adminislrallv"hellri"g tn '1St cUlllorm to the rp.qlli~lllcr.tli of either Rut, 2:6-'10(;,201(2) or Rlllt\ ~IH 06.301(2), Florid.a Admlnis!r.ltJvA Code. tlnd ,1111..1,;1 b!l ,.ecei~d y Iho Clerk of Nli'IIOY Proceedinga by g;OCl I" M,. no !:Iter than :/'Iqeys Ifter ,y&lI recelv.d the Nollr:c fhe wriltet'! requt'st /or an adl! nllllt'<tllve /let/ring Should iMIl1de a COllY or [fit! Notice; and mli$il'lt~ legible, on a Y.. by 11 in..;h whltli Piper, and ccl'ltttin' 1, "'0"1' name, add~ss, telephone Ill1lnb 1', and Departmerit idGt\!liyrng numu~, on the Notice, If Icno\OVtl', .~l1d n~Ii\t}, .ddreu ilrld htlllPhollt' hlttnbc. t)( yolJ repres.""A1tive, if ilfty, .2, An expli1tl"ti"n of howyou "I~ ..f1eele .bytht ali!iOI1 df:I;l:~.hl:ld in the'NollCe, 3, A Slftlement of Mw ,~nd when ')lOll J<' 'p.d the N~tlf,.. 4, A A'"t"lrnenl uf 10111 ullpvted is.uu of rn leri031 f;;lOl, " tt\l:!re :\r,!I"none, YOIJ I'lll j~l ~ll indic!;:l!t- 6, A conciu ;;!R!';'men! af 'h" ul(imale fae I; 0I"1'l~,,(l. n~ W<.III jI~ Ihe,fule~ and ~l:\tut.:;", wllien entitle YQU fo rfllif{ l'nct 6. A dtlma/id f(ll (Io!Jiet A fllnnal heannl'l Will be held if Ihere Are ai.:oputad ;6' r";(J f.lf mQi~rl81 fflct, If a tnrin:lJ hl!l:lll iug is held, II; 1& l'rlattP.r will be t/ll,fcrI (,:d, to the Oivh:;l'tll rn ^dminlstrati\18 HA:JJ'II\Of., where you rh.yretenl witl'lf'f.:.e:. ioIild evidenC;&M('l 'cr~:;1l fll(iioJl III Ie ,other wltn.llS.~, loIefor!'! ill) i1d'lllnislrativfI I.!lW judc,W It there :;Ire no dlr.(lllt"'d i$!: Ie::' ur ;n8terial lad, "", il'lr~rrrlU' hearlnQ '01111I be held, 11\ Wi\ir;h (~1If! ~:i:'IlI '01111I have !hfJ rlgh! to PIl)vlde 'h. D"~,ftnl11etlt with ImY writlen dot. l11entatioll'lIl leOl'llllrgl,Jh1ents: Which YIlU wish tht:' O~'pAi1rnent to cQtl&ider Me:diiltiOIl. plltlil.lln! to Sflr.ltl'll'l 1:W !:i73; FllJIidll, Sla! es, may be nV::iil:"lJleif agr.~"<1'ny 3ft P~III....~, llmlon sur:h IAI'l'I'l;:a(; may be agl'O.ci upon by .111 fJ:'1I'Ii@~. The righl to an adn'inIS.tr. iV8 Illid1if\g I~' no! iiHet;lc:,! ,",h~(\mediatlon doe'li not re:!iUII ill" s!!iUemenl. 1(" written r6~lle~t fror all 8dmlnil'/.tr~Uve hearing I~ !"If Ililll/:!ly rCCQiv~c1 YDU will "'.we w;niW4<./'your riijht to Iiavf'! lhe'inlendcd oill.lI'Qn fC'vlewed rllJr:>u::mt to Chapter 1~O, Horkl3 St:lttl({l~" rid Il'te ilC1km ~,f!t fr:.rrl, In the NotiC4ll ~hllll be COI\(;;I",,,jv~ and final. '~d""""---'-- '_M"'_.___ ._ __ 8t'~-J 00000rae00028b9c::lGLS0~:ol :WO,Jj 2~:8t L002-m-,.l.tIW ... ..'....', JUN.05 2007 17'50 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.009 /011 5" ^ T( O~ ,lO/IJO./\ OE:r'Mrlli&r.lT (If lR.llN$_TAllOlol ~l. 01; IVEWA YCONNECTION PERMJT 6Y6TIlIS 'I.ANNIIG FOR All.. CA TEGORtES - "'0. , III it PART 1: PERMfr'NFORMATtQN APPLtCA liON NUMBER; " - Pel'tl'llt ~liItGgOI'Y: Acoess. PaqibUol'I; P/'Qject: Plnnltt..; T S8dIonlMJI8 Poet: SW6 Rold: - &lctloMlUI POItt Stat. ROfId: ~"""""------ PA RT 2: PERMJTTEEIHF.OItMAT1OH PiW'rTIlttee N.me; Permlttu. MalllhQ Addreu: CIty, Slate, ZJ~: - rlllepl'aol1e: Eng/I'IMr/Conllultan1/or ~ Man~Gr; - liingineet rAlponalble 101 ~(ln.trudlol'l irnlt'&dlon; . ~ -Ili .,~,. MalllfllilAddl't'u: .... City, St.fe, Zip: TOIephgno. - f.A)(, Mob&. P.hane. ok:, . , , , . -Altl 3: . PEAM'TAPPROVAL : The .hove apPIil'.alion h.. b..n raviclwad at'ld III ~&retl)' .pprOV$d $ubj.ct to..a proVl.lon... ettir.en~. Permit Number: Oepwtrnent of't, nspol1ill!o1'1 -- , Signallolrl: T.llIe: .. D&~8rtmanl R"~f'ltatilftl'~ Priflled Name Ternpol'8ry Patmit OVES ONO (If ~potlilry. thi, pel'lnft III only lialidfor 6 month.l). Spei:l.r provlllofd attaehft6 OVES ONO D.M of fssoal'lGl: . Irtl'lll: Is. a normAl (ncn.tem~ry) p.nnlt ItaLJtt10lt u OtJn.trudion for O~ yee~ "'~m the date of isS;Uillnee. T/:IiS cen only be exten~ by !hit O*pIlrtmenl at Qpecirled In 14-96. )(17(6), .. . . '.. '. '. .... . ,.. followinG paQ"'~ O.n.r.'ana Sp.c:i.,Pttlvl,lona . - 8/9'd 0~0000000028bg26LS0~:Ol .WOJ~ ~.8l L002 10-A8W ~', ," "" ' ,",' :'1"1", ",'. " " JUN.05.2007 17:50 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.010 1011 PART 5: SPECIAI.:PROvISlQN8 NON.CONF()RMrt.fQ CONNECTIONS: yes 0 NO It Ihia is iI fIODoooI1fartnil\g connectJon permit. S Cletined in Rule Chapte1'6 14.~ and 14-t7.then the ftllrowing InaU be .' part Of tI'lls~it:. MD40-.& .v-,rl!Ma 1'I.AHIo/I"$ - ~... ;0. * 1. llIe I'IOn-cCltltgmllI'lQ CCtlnectlMCI} dNcr' in this permit 1$ (.re) not ,)6tn'dltiiclfot traHio wlUl't'lMi!ucceeding Ullt Permit C8t8g0l'y on paoa 1 of ftlll ~""lt, or a& c . elfl<<ld lt1 "OIherSt:i8da1 ProvlJli&;lOl~ below, . . '. . . 2. All t'lOtl..confOl1'I\Ing conneotlonc will be . llet 10 6loeure Ol' l'Illcc:8l:ion WNlrl rnsanabl&.~.. becornelall8lhlblaln the future. OTHER SPECIAL PROVISIONS; RTG: APPI!ALPROCEDURS& 'fOIl mR>' nHI- ." adftIi'alettallwt h40.titJg PI,lr'lU nt to 8ectlIWi12a.1G911'ld'120,G7; Flerid. s~. ir~u c1rug,..1iIIIh~. f.. al8tlld . 11'1 the fDretoIng N,.. of Int.ncIecl OectatIment (hIt,.ln.!' NotIce), ~~/J may ......I.1cml..I.dft'llnlltnltt~ !IU'*'I ~U"1lI kl 8NI0h 120"'(1), Fhlirlla riltatulu. " you ~- ~ the t .......Clll'IlM Nc:IItc., You May 18qUHC a,. Intlllmal....,lnIttralM Il.adllg plftullnf.lo SecIIon 120.17(2). FIoIlde StJitulea. You mlMf ..nd lM'U*, ,.q4,le1l tll: ." . C6etil 01 '/'lOy prOCMlillifa' OePlt1llW Of T ranajltll13tJQrI J./eyllun' Bmilal,lllcllno .805 &UWlI. .. SIN... M:S. 58 r.lt.h.., . Floridl. 3~o.re. ~"* w~n r'eQue61 ftlt .11 .dmtnlttl8tlYe. hearitlQ rr ~ cenfotl'n to lt1a ,.q~'!Illml. ,l'If~1IIler M4111i ~a.~~.20i(~} Qr ~ul.e 2a-U!l8.301(2). . flotide Adminlettlllllle Codot, llnd '"~t e. Illr:e1lMd b)t. Cleft.or Alency ~/ng.I by 1i1lQ P.M., n.lIla,te.r.1I\An 2' cq..,. altll/l YC!U ~ the NcIb. The wrtttan requMI'M In adnHnletrttlwt he. ihoi}ld lndiJdll. r#w (If Ihe Ni't/1ce; anl!llnu,llle .___. _ 8" ~ ~ I II'IClh Il'<tlHe pa..,." al'lCl CDl'ltaln: . . i, 'four nalM, ~,.u, ~~Mn. nUllltl.t, tlOap.ttrrient JdenlWVl/lo' l'IlJi'f\bet GIl tllo. Nollee. If knOWft,.hd 1'IIl!1JM..d(lI.... and I8l1phone Il"""ber of your fWI),..em.1 ,if ~ny: . ~. An ~l!Jllan.tloh of how you .re att.c:1.t/l tyy aelbll deecrlb~d I,~ it'lo Notice: 3. ^ s.tlttll'tte"i ct' how In<l whef\ you received !he Ng(/fla; .c. A at'llment of' all die.puted iu~ 01 mllllfui I tlCI. II the,..... 1'I0"CI. y~ 1'nl.l.1 tel indiQ&le. . . 5. A ct)r'Ie1st alll.men, of It'Io LllUm.te tlcb ,I ged. "MIll. !tie Nils and 11.ILI/..Whie" al"lfiti. you 10 MU,t, .rId. 8. A demand for ,.,181. . . . A fOlYnal hea~ lIIIIJl be r.kjlf ~ ,.11I dMpute<f I..u of malellal tKI. If.. t61l"'8' nolllMg i. hold, !/'lIe mailer w/U boll Mf.nw;l ja lho 01..1&'1'W1 of Admlnllll'frl'4 Maringll, wtle~e you l'NrY prelent Wl Uti etld eIIk1.1'IOt .na Q'On ClWIllrle olhlr wttrlo:S$oa be,ote an admlnlillrltlve tali{ judO.. It lh811l ... no .l,\u!<<l i111lAt bt fhIIll;t1t!J t.ct, itrfclmIel n..nn, 'tII111le "*1." In Wlk:ft "Ie you wlll hDa ll'le ~ to I>fOvide t.. 0e~r1~ wijh '1\' wrllten doa.rtn.nlaliOl1 or l/tlle/II' '"enliiI whldt YllU wlall tit. ~.nt ",'c"Mlder. Medllllon, putlUtflll4 s.clJon 1 :10.513, FIoI'id. StatUI &, Will be avaJIable iI.pod .10 II>, .Ii pll'lll5,. and. (lIl &Uctt tarm. ,U '"lIlY 118 ~rMd Upon ~ all pMh, The rlthf ta 11'1 ,amll'll.tr.lI-ve lIflarirlllls I aHtcfflt1 wn.nl!l6<ll8tlOn doe. t\Clt "'lUll ill . 5ettliln'lelll. . . . If I wrll!.,. "-queilt fOlItl adm"'illlt'litlva IIMl1l'1g Ie not !NI1y r.ClilvAdyou wilrhtlw ~.I\i~'Y(lLJr!'la1lt .iQhi..va t~. intMdad '~OI'I nI~.w.d PUNlJtnt 10 Cl'l.~ter 120, Florida Sla!utl'l~, /Jfld thll l'cfj n set fOIl'" in the NotiCe oihllll"be oond('SIVD ancr f"'flIi . S/L'd 000000000028b92cLS0(:ol ; WO.l..::J t~; Bt L~02- to-).IjW :.:i"......., ,,' . JUN.05.2007 17:51 30579264820000000000 ROSENTHALROSENTHALRASCO 000000 #1012 P.011 /011 M6.Clill.10' I.VR7EliS PuWIIING lIWf ""2,., ARt 4:QENERAL PROVI6aQHS 1. Notify the OepOirtment ct Transportatl M*lntMlal'loe O~ all~ll:lt 48 hour.. it'llldvanc. of atari:lr\g proposed work. Phone: . Attention: 2, A copy 01.... .P~ved ~rmlt must b dlspJ,lytd in a promin-mIO, ' catiO, n If! the '1l\"lri'ieQJattvil;ini~, of the GOlln8CIlon conIln.lCltlo~. 3. Com~1y wlth Rule 14-.96.008(1). FA C, OisruptJon of Traffic. ... Comply with "I,l/e 14'96.008(7), F.A.C . on Utility Notification r:tequJremants. 5, AU \MOr1I:; performed In the Oeparttn."t' ngl'lt of way Ahatl bel donoln oecordanco with th. m~.t current Depattment standard., .peallc_flon. and the ~ t ProVision.. , ' e. The perm/tt" ahall not commance Us of Ihe eaon.ctIon prior to . fin*' Inspectlo., and .QQ8Pt6n1O:1I by il1e Department. , 1. Cllmply WIth Rule 14-98003(3)(.), F. C., Coft of ContlNctjon, 8, If · Significant Chango ot the permlltt '. iatid UIJe. (I' d.fln~ in Section 335. 18:z.: Florid. Swtut... OCCti,.." tl'le Permittee mult conflict the Oep.rIm&r1 , ' 9. Medi8n1 may be added and medl*n (I Onifl91 may be~nged by the OeP'rtrnent as partot. COOltr\JCliQn PrOject 01' SlIItet)' Project. Tht prY;Iviaion for a medJan might ch!lnge the operation of tiha eonneeijon to be for right tutl'la only, " 10. AH COnclftlOIl* in 1. AP ~ unleaa $p~clfJC8l1y cfullhged by 1M Oepartment, 11. All approl/lla ootInectlon(a) and tumi"Qmovem*nf$ .,.. IUbjeto tt1. CeP'~'" aanUnulng aultlority to modify sudol eonnoctlon(.) ottumlng movetne 11\ order to Protec:t saf8tyllrid tramc opw~na on the at.l~ hlUhwey ot Stale HlghWot)' Syatem. ,', " ' 12. Tranaport.ttlon Control F..tu... and Dell1ceo 1'1 theaiilite Rlghl or w.y_ Tr,...iport~Jon c;Qntl'Ol fe.tu.... and d.v1cea In tile C.patt~e"t'. r1ghtofwa Iln~udlng, but not !imited to; tfamclWgn.,.,: medJaila, rrieGIlllt openlng_, or any other tran~Ol1aflr.n CQnIrol f..1W or devlcea .In, the ItA. riGht of way., 8" op.....tlOt'laJ and ...,.ty' ~cteriltjCl of I.... State HIghway ,an. Ire "01 m.an,. Of .ece.., The Oeps:rtlTltlnt may iri..tall.' rwmov. or trlOdlf\' any presatlt or fUtu... tranapol1illion ,01 feature or device Ill, !he Italf) ",ht (Jf way to malta chIlnetl to ptotnote safety 11'1 the light ot w..y or efficient tra c~nrtlonll)f'l the hi;hW.y,' 13, TI'wI Pel'l'l'l/ttoo for hlmlher.elf, nl"her h 'r., hi..lher a..,;OI Irrl suCOeuOl'.$ 11'1 intertn bl~. -nd ,ia bound ancr ~gated to ..we and hold rh. Stale af Iorid., and the De~nt, Ita ag~t1 aM eMJiloyau harmleu fmm any and -" datnage$, ol.Im.s. titpenM. Of in urieaart.'r:JgPt.lt ,Of any-ad. n8g'-d,Ot oml.'on by Ih. .PpIlc:l8nt hiSlher h.ln, ""'gn. .nd aI~.or& In inter. that rnay OCCur by r.uon Qf th~ "CiWty de.,;n" COllltnlctlon, ' rnafnfen8nce, 0,. continuing e:w:ist.r'lte Q Ihe conneCtion fltdlity,exOIlpt that th.ap~Iiaint ltu.Unot,&.liable Lll\(/er Ihia provisIOn for damage. arilling from eaole n~g/ige~ of the o.plrtm4tnt. 14, The permlltte Ih.-II be f..$QOrtlSlble tor tennJnfng,andnotif',' aI/other users of Ihe right of way. 1 S. Starting wort on th. State Right of Way mcan~ that 18m aCefpting a/lwnditlonllon thePcrmit, 8" 8 . d 00000~000f~28b926.!.S0r: 01 :WO..l~:l rr:Sl L002-lB-)..!jW "" ,,:,. ...."" CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AI Planning Directo TO: City Commission FROM: Eric M. Soroka, I City Manager DATE: April 12, 2007 SUBJECT: Request of Mario Kaller for (1) Variance from Section 31-171(a)(7) to allow a 5'5" parking pavement setback where a minimum 10' parking pavement setback is required by Code; and (2) Variance from Section 31- 172(c)(2) to allow a landscaped driveway separation of 130', where a minimum landscaped separation of 330' is required uy Cvl.;~ fy driveways on arterial roads for property in the Community Business (B2) District and located at 18450 Biscayne Boulevard south of Miami Gardens Drive, City of Aventura (01-VAR-07). June 12, 2007 City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission approve the applicant's request for variance to allow a 5'5" parking pavement setback and to allow a landscaped separation of 130' between driveways on an arterial road, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "Kaller Retail Building", Cover Sheet, prepared by Joseph Kaller & Associates P.A., signed and sealed 4/2/07 . Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors & Associates Inc. dated 12/21/06, last revised 01/08/07, signed and sealed. . "Kaller Retail Building", Planting Plan, Sheet L-1, prepared by Dave Bodker Landscape Architecture/Planning Inc., dated 8/21/06, last revised 3/29/07, signed and sealed. . "Kaller Retail Building", Site Plan, Sheet SP-1, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Floor Plan, Sheet A-1, prepared by Joseph A. Kaller & Associates Inc. dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Building Elevations, Sheet A-2, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 04/02/07. . "Kaller Retail Building", Building Elevations, Sheet A-3, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 04/02/07. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall provide a signed Lease with FEC Railway for the installation of four (4) proposed parking spaces and landscaping to the west of the property limit; such lease to be continued on an annual basis. The applicant shall provide a copy of the annual renewal of lease to the City. 4. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. THE REQUESTS The applicant, Mario Kaller, is requesting a variance from Section 31-171 (a)(7) to allow a 5'5" parking pavement setback where a minimum 10' parking pavement setback is required by Code and a variance from Section 31-172(c)(2) to allow a landscaped separation between driveways of 130', where a minimum landscaped separation of 330' is required by Code for driveways on arterial roads. (See Exhibit #1 for Letter of Intent) BACKGROUND APPLICANT Mario Kaller OWNER OF PROPERTY Mario Kaller LOCATION OF PROPERTY 18450 Biscayne Boulevard (See Exhibit #2 for Location Plan) SIZE OF PROPERTY Approximately 6851 square feet (0.157 acres) - 2 LEGAL DESCRIPTION SURROUNDING PROPERTIES Zoning - Subject Property North East South West Existing Land Use - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: /.,-., Part Tract "A", Legg 184, according to the plat thereof recorded in Plat Book 129, Page 59 of the Public Records of Miami-Dade County, City of Aventura, Florida B2, Community Business District B2, Community Business District Biscayne Boulevard B2, Community Business District FEC Railroad south part of abandoned gas station north part of abandoned gas station vacant public right of way (Biscayne Boulevard) railway right of way (FEC) Future Land Use - According to the City of A ventura Comprehensive Plan, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office Business and Office The Site - The site is located on the west side of Biscayne Boulevard, south of Miami Gardens Drive. There is an abandoned gas/service station on this property that will be demolished. The applicant has purchased the south half of the property measuring approximately 6851 square feet, or 0.157 acres. The Project -The applicant proposes to construct a one story, 23'4" tall retail building containing 1750 square feet with 11 surface parking spaces, 7 of which are on site and 4 of which are on land leased from the FEC Railway. A rendering of the proposed building is attached as Exhibit #3. Site plan review is currently underway by City staff. Other than the variances requested, the site plan meets all other site development criteria of the B2, Community Business District. Final approval of the site plan is subject to approval of this application for variance. ANAL YSIS 3 Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Business and Office. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The applicant has submitted an application for administrative site plan approval for development of a retail building in the Community Business (B2) zoning district. The use is permitted in this zone. Following review of the site plan by City staff, the applicant was advised that two site development criteria of the City Code have not been met, those being, the minimum parking pavement setback and the minimum separation between driveways. The applicant has requested approval of variances to these two criteria. Criteria - The standards of review for variance requests are found in Section 31- 76(e)(1) through (5) inclusive of the City's Land Development Regulations. The Code states that "a variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following [standards of review] are met..." Each variance request is evaluated below using those standards of review. Request #1: Variance from Section 31-171(a)(7) to allow a minimum 5'5" parkina pavement setback. where a minimum 10' parkina pavement setback is required bv Code. The applicant is requesting a variance to permit the edge of the surface parking area to be set back 5'5" from the property line, where the Code requires that the parking pavement be set back a minimum of 10' from the property line. This condition occurs at the easterly portion of the surface parking lot along Biscayne Boulevard. It is noted that although the proposed minimum setback to the property line is 5'5", the landscaped setback from the existing edge of pavement on Biscayne Boulevard to the edge of pavement on the proposed surface parking area is approximately 34'. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant advises that the hardship at this location is caused by particular physical surroundings of this property. The easterly 33.75' of this property was dedicated to Florida Department of Transportation for the widening of Biscayne Boulevard many years ago. The applicant advises that this dedication for right of way now makes it difficult to meet the required 10' parking pavement setback. 4 (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The lot configuration resulting from the road widening on Biscayne Boulevard creates the need for variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The applicant proposes to improve the site through demolition of an abandoned gas/service station and construction of a one-story retail building with improved landscaping. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Although the setback from the property line is 5'5", there is a landscaped area between the proposed edge of surface parking and existing edge of pavement on Biscayne Boulevard of approximately 34' that will provide public safety. Ingress and egress to the building is proposed by way of a new driveway onto Biscayne Boulevard. The applicant has provided confirmation from Florida Department of Transportation that this driveway location will be approved upon permit application. The proposed development will complement the existing one-story developments along the west side of Biscayne Boulevard in our City. Request #2: Variance from Section 31-172(c)(2) to allow a landscaped separation of 130 feet between driveways, where the Code requires a minimum of 330 feet of landscaped separation for driveways on arterial roads The applicant is requesting a variance to permit a landscaped separation of 130 feet between the proposed driveway for this development and an existing driveway on the abandoned gas/service station site to the north. The gas/service station was built on two parcels. The southerly parcel has now been sold separately to this applicant. 5 ,w~ (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship is created by the physical condition of the specific property. There is an existing driveway on an abandoned gas/service station on the property which was built over two parcels. The applicant has purchased the southerly parcel and requires his own ingress and egress. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. - The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. Separate access is required to a parcel that was formerly part of a larger development. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The applicant has provided confirmation from Florida Department of Transportation that this driveway location will be approved upon permit application. The proposed development will complement the existing one-story developments along the west side of Biscayne Boulevard in our City. 6 architecture - interiors - planning AA# 26001212 iLU0 ~: /Sf50 13.I3fud. April 2, 2007 Mrs. Joanne Carr City of Aventura Planning and Zoning Department Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Fl33l86 RECEiVED APR - L 2007 COMMUNITY DEVELOPMENT Re: Variance Letter of Intent KaUer Retail- In Motion )S650' Biscayne Boulevard A ventura, Florida 33160 Dear Mrs. Carr: Weare requesting approval for the Two (2) Variances that are needed in order to acquire approval for the Kaller Retail Building referenced above. The First Variance is requesting an encroachment of the 10' -0" paving set back along Biscayne Boulevard to a 5' -5" paving set back. The justification for this Variance is that the Department of Transportation have widened Biscayne Boulevard by taking a portion of land along both sides of the State Road, making the requirement very difficult to comply. The Second Variance is requesting an encroachment ofthe City of Avenura's 330'-0" driveway separation. The existing driveway is being relocated slightly to the south. The distance from the centerline of our new driveway to the centerline of Miami Gardens Drive is 241' -0" driveway separation. The justification for the Variance is that D.O.T. has reviewed the driveway separation and has approved and determined that the separation is safe and has given this Project a Drainage and Driveway Connection Permit. Should you have any questions on the items referenced above, please feel free to contact me at any time. ~",Sin~~~",~elY' . a~l~trfffi:il1 FA '- ,,', , ! 'f) Ttlt~j rose B. KaUer President EXHIBIT 1 01-VAR-07 2417 Hollywood Blvd. Hollywood, Florida 33020-6605 (954) 920-5746 phone (954) 926-2841 fax kaller@bellsouth.net www.kallerarchitects.com - BROWARD COUNTY ..---.---. ,'" '. '. '. :. :. '. ,. ,. .. ,. '. '. ,. ,. '. ,. ,. ,. ,. '. ,. IVES DAIRY RD ,. ,. '. ,. ,. ,. ,. '. ,. '. '. :. '. ,. :. :. " ,. ,. ;. '. ,. ",. '. '. :. '. ,. DADE COUNTY ;,.: S I W X o ~ MIAMI GARDENS DR. 201 TER. " -' - nr"'.rT~",:".:~r:-:..-;: \. J._._ f'r'"J "r,.., ......., "I-lI 'l-.'I""r 'J"Ir . ~ ~ '~ Cul/slream YACHT CLUB DR. .IL Park . MARINA · i J //'\ (HARBOR 8~VCELE : I (/--- j WAY. ILfj' : (w \ p.vJF\'i .! I" I '! ~ N:h INt=c : V ''\ I :; .~- WATERWAYS JLV~J ~~;;~:;Y\ 207 ST ff~"!(\ '\ COUNTRY CLUB OR. ( U :ul f I . I :(1 . . . . . . . :>... . ~" ,," :>... " If " lJj " Q) " -< " ~J.if 19281 Q," " . :'. " << " MYS1\C " " " " " " " 33180 : " " _._._._._._._._._._._.~.~ . 185 ST 33 60,," w > ~ <l: <l: The g] 205 Promenade Sho/)s 203 ST ~~ N AVENTURA -o\...\JQ File I D Rescue Al'en/ura Sla/ion Library Aventura Mall 192 ST 191 ST :. Loehmonn's Fosluon w Island ~ Ol N 1 88 ST Dumfoundling Bay LEGEND "'I\r,,'J..~'n.=::'~~.:". ,.:,...", ". City Boundary ZIP Code Boundary Railroad ';~~.:~/; . EXHIBIT 2 01-VAR-07 -- ci > ...J Q) :2 <( w u o o :> ...J Q) :2 <( lLJ U o ~-!5-"-- i . ii , -'"'\."""'''fU<'' 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) Chu ko ~~U-i l1 tiJ F~reRY ~~.~ ,Ccl' ~-e.~r LLtno-bW-(ll. [!he hl4e c8- ' \ Trbtf t-J J). r-ALLt:,,, A-ft-C.MttcI - ~ (~ffi;J) ~ ~{, ~ (Attach Additional Sheets If Necessary) ,- . J' ;. J~' 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 nilE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT nlis AFFIDAVIT PURSUANT TO SEC. 31-71 (B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, lN 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 THI~ DAY DLrI {old , 200ff lfI(" AUTHO~J ~ REP E~~MIV 71IJANT: OWNER/_,\ ~ '_' By: I.. I rJ '~1} BY' /'/ ~. .-2-- ..... UrYStff!ureb. f4tLtld HcfItBJr Address: '2 -1/1 e, '10 ;, _ltoLWIJJmp; ~1.1J{ji2L;3:tJ 20 f MiL&..4 i ft STATE OF FLORIDA ) COUNTY OF MIMAI DADE) f3:YL0LiXL.^-Ci.... JD!3e.flh r!...a ULL/ Before me the undersigned authority personally appeared mOYJD ..f\(l( /.e,V as the authorized representative of the Applicant and/or the, owner of the property subject to the appl~cation, who being first by me~dUIY ~i:. sW~ffirm that he. /s.h...e.... executed th" Affida.lfo. the purposesstated therem and that .t " trueaml correct 4 ~ ;::' SWORN TO AND SUBSCRIBED BEFORE ME th~ay ofCr/.(U(!/~ AFFIA 'i;\"'- Name: Name: (Signature) ;In A-It-t .~;;., (Print) (YJ.JY1--t ,,- )Li4-L..t..e fL _ Title: Title: Address: :'" \' P+J/ (.:;//7 ,/Vir"; , L.rh'\ e - ~..,~' [] "",:>. ll::;J' ata ublic State of F. ida At Large .~~ ...I Printed Name of Notary ZtlLLrJe { ai.{?r My commission expires: Notary Public Stale of Florida LllUfie Yoder MyC~~nDD~3 Expires 02/1212008 i"" ~t\. ~~j ~Of",rJ" {i,....-.--, ,.. ,., I ' ,. ,...... ~.#t- O;J'U/I!.xct""" BUSINESS RELATIONSHIP AFFIDA VIT* 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) ~ 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; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative isa Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~ DAY OF iri ()J.jik , 200~ lji (Signature) (Print) (Print) WITNESS MY HAND THIS~ DAY OFUi I1A (1 fL PROPERTY OW~ER: ;:---" By:A~ (~= Name: Vl"'\.A--'{l...Ic ~~ Title: ~..:r..... APPL f By: , Nami Title: , 2001f~ --(Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the A ventura City Code. STATE OF FLORIDA ) ..f. " ' COUNTY OF MIAMI EU'l[) OlVLOCLADl . Before me, the undersigned authonty, personally appeared ~@h 1((1/lf1-- he/she executed this Affidavit for the purposes stated therein and that it is true and correct NOTARIZATION PROVISION ~0 ~ NOIary Public Slate 01 ':~'" Printed Name of Nota II' ': Laurie Yoder , ~ c: ,," My C "0 My commission expires ii"~, 'df ' ommlSSlOn '.. ....___....._..........______.mm.........___m....m...........mu..._...u..___._..m._m....._.m._...nmm.m..__u___....m.......m.___um..__.J,"'.::u2-'-.!:....n.......e)(.P~~2fj212nlL-~~:~:u STATE OF FLORIDA ) ,-' COUNTY OF MI.\f.ll E. .lJE) /6J0LC:aW >) , Before me, the undersigned authority, personally appeared ()(lJrrD l(()j lev the Affiant, who being first by me duly sworn, did swear or affirm that h",h, """,,it ." Affiit..1 to< '" P".~" "." .",," '"it "I it" lru, '"it ~~ct d- ~ ...;;~ .../ /AF NT - SWORN TO AND SUBSCRIBED before me this<~ay of C; jl))~20 ,; d ~?J)j.. dlit ,~" " '"~ ." Jk:fJu ww_______n_____________.__.____u______._____________________________________u______________.______________________n_________._._________________________.._._______..M___._ Notary Public Slale of Florida Laurie Yoder My Conmission 00290483 ~xP!r~~ 02l1?f?098 .. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200.. Notary Public State of Florida At Large Printed Name of Notary My commission expires ------------------------.------------------------------..--------_._-_.~--~----------------------------------------~._._---------------------------------_._~--------------------.-------------.-------------------------.--------------- STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) Before me. the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200.. Notary Public State of Florida At Large Printed Name of Notary My commission expires' ----------------------------------------------------------------------------------------------.---------------------------.-----------.---------..--------------------------------------.------------------------. ",r-. U. -J. '. ".... '., '.." ~ '., . .......... . . ., fir . , ~., r./ ~....~ BUSINESS RELATIONSHIP AFFIDA VIT* 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) !~ 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; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200_. APPLICANT: (Signature) (Print) (Print) By: Name: Title: WITNESS MY HAND THIS DA Y OF ,200_. PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Title: "The tenns "Business Relationship," "Client," "Customer,' 'Applicant,' .Representative" and "Interested Person" are defined in Section 2-395 of the Aventum Cffy Code. 7 WITNESS MY HAND THIS 3-0 DAY OF ~~ ':{- .200_. REPRESENT A TIVE: (Usted on Business Relationship Affidavit) , BY~~~#/ ffile/~gnature) ~ By: (Signature ,~ ."f Name: ~4k~ F?,;/~C1Print) Name: (Print) "':/ Title: ~rte>~~ (Print) Title: (Print) 4//;/ C.k"j"v?.ee?r- By: (Signature) By (Signature Name: (Print) Name: . '(Print) Title: (Print) TiUe: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TrtIe: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Trtle: (Print) TiUe: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtle: (Print) NOTE: 1) Use duplicate sheets If disclosure Information fOf Representative vari~ 2) Applicants and Affiants afe advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)f1V) of the City's land Development Regulations In the City Code, In the event that priOf to consideration of the application by the City Board Of Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete. NOT ARIZA TION PROVISION STATE OF flORIDA} A.,- ~. _ "'- . ~I COUNTYOFMW.1I~J:)!!'} ~ ~ Before me, 1tle uOOersJ]ne<l au1hority, personally appeared hei'She execu\e(j th is A ffida vii for 1tle purposes staled therein and tha t ~ is true and correct. SWORN TO AND SUBSCRIBED before me this ~y orCfY11...1til 200 . 1tle Affiant. who betng firsl by me duly sworn. did swear or affirm that ~~h ~1Pt/~ AFFIAm STATE OF FLORIDA } COUNTY OF MIAMI~ADE) Before me, the undefsgood authority, persooally appeared heIshe exea.rted this Affidavit k>r the purposes stated therein and thai k is 1rue and correct the Affiant. who being lirs1 by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me !his _ day of AFFIANT 200_. Notary PubflC Stale of Flocida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) Before me, the unde!signed authority, personally appeared helshe execuled this Affidavit for 1tle purposes stated therein and that it is true and correct 1tle Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me this _ day of AFFIANT 200_ Notary PubOC State of FOOds At.Large Pmted Name ~ Notary My coownissbn expfts: STATE OF FLORIDA ) COUNTt' OF M\AMl~ADE) Befure me, the undersigned authority, pelSOllaIIy appeared heIshe execuIed this Affidavlt fofthe purposes stated lheretn and thai k is 1rue and correct the Aftiant. who being lirs1 by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me !his _ day of AFFIANT .200_. Notary Public Stale of Florida At Large Printed Name of Notary My commisslon expires: ~ ~~..~ BUSINESS RELATIONSHIP AFFIDAVIT* de pursuant to Section 31.71(b}(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby with ox: applicable portJons only) 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; [1 ii. Member of City Commission or Board is a partner, ro-shareholder (as to shares of a corporation whid1 are not listed 00 any national or regional stock exchange) or joint venturer with the App[lCant or Representative in any business venture; [ I iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ I 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 Of Represeotati'le in a given calendar year. . WITNEsS MY ~n JHIS APPUCANT: DAY OF .200_. ~"''::-,;.:.., By: Name: TrtIe: (Signature) (Print) (Print) WITNESS MY ~D THIS DAY OF .200_. PROPERTY OWNER: By: Name: Trtle: (Signature) (Print) (Print) -roo telTllS "Business Relationship: "alent: "OJstomer: "ApprlCant: "Representative" and -Interested Person" are defined In Section 2-395 of the Aventura City Code. WITNESS MY HAN THIS z,o DAY OFtJU\1.~ .2001 'f By: ~ By (Signature 'r Na~=::~t) / _ Name: (Print) 'f. Title: (Print) Title: t!- '1~ By: (Signature) By: (Signature Name: (Print) Name: . '(Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) T rtle: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets If disclosure Infonnation for Representative vari&s 2) Applicants Ind Affiants Ire advised to timely supplement this Affidavit pursuant to Set. 31.71{b)(2)[1V) of the City's land Development Regulations In the City Code, In the event that prior to consideration of the application by the City Board or Commission, the Infonnation provided In the Affidavit becomes Incorrect or Incomplete. ,'~ NOT ARIZA TlON PROVISION ,...,.,.'~ .,-----.....,. ,.-' , / being first by Jlle duly sworn, did swear or affirm that STATE OF FLORIDA ) Ill"",,., . rIi COUNTY OF 1vIb\1I11l!JilItil[) U1lU'Yl)'U,( Before me, !he ulldersig oed authority, persooaDy appea heJshe execute<j thIS A ffidavil lor the purposes stale<1 It1erein and that rt is true and correct ~ SWORN TO AND SUBSCRIBED before me this.]) daYClt(l~{!A Public Stale of Florida Laurie Yoder My Convnission 00290483 , 0211212008 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undec'sfJned authority, personally appeared heJshe execu1ed \his Al!idavil lor the purposes stated therein and that k is true and correct the Affiant who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 . 20CL Notary PubflC State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersig oed authority, personally appeared heJshe execu1ed this Al!idavil for the purposes stated therein and that it is true and correct the Affiant, who being first by me duty sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200_ Notary Public State or Fk>rida f.J. Large Prinkld Name 0( Notary My oonvnisskln expires: STATE Of FLORIDA ) COUtm' OF MIAMl.oADE) Before me, the ul'ldersgnedauthority, personally appeared heIshe exoomd this AIIidavIl for the puIpOSeS stated IhereIn and that . Is true and correct. the AlIiant. who being first by me duly $WOOl, did swear 0( affilm that AFFIANT SWORN TO AND SUBSCRIBED before me Ihls _ day 01 .200_, Notary pubrlC State of Florida At Large Printed Name 01 Notary My commisslon expires: RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171 (a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 5'5" PARKING PAVEMENT SETBACK, WHERE A MINIMUM 10' SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 130', WHERE A MINIMUM SEPARATION OF 330' IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 18450 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Mario Kaller, through Application No. 01-VAR-07, is requesting a variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 5'5", where a minimum 10' setback is required by Code; and a variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 130', where a minimum separation of 330' is required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2007-_ Page 2 Section 1. Application for a variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 5'5", where a minimum 10' setback is required by Code; and a variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 130', where a minimum separation of 330' is required by Code, on property legally described as follows: Portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat Book 129, Page 59 of the Public Records of Miami-Dade County, Florida, City of Aventura, more particularly described in Exhibit "A" is hereby granted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "Kaller Retail Building", Cover Sheet, prepared by Joseph Kaller & Associates P.A., signed and sealed 4/2/07 . Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors & Associates Inc. dated 12/21/06, last revised 01/08/07, signed and sealed. . "Kaller Retail Building", Planting Plan, Sheet L-1, prepared by Dave Bodker Landscape Architecture/Planning Inc., dated 8/21/06, last revised 3/29/07, signed and sealed. . "Kaller Retail Building", Site Plan, Sheet SP-1, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Floor Plan, Sheet A-1, prepared by Joseph A. Kaller & Associates Inc. dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Building Elevations, Sheet A-2, prepared by Joseph A. Kaller & Associates Inc., dated 10106/06, revised 04/02/07, signed and sealed 04/02/07. . "Kaller Retail Building", Building Elevations, Sheet A-3, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 04/02/07. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall provide a signed Lease with FEC Railway for the installation of four (4) proposed parking spaces and landscaping to the west of the property limit; such lease to be continued on an Resolution No. 2007-_ Page 3 annual basis. The applicant shall provide a copy of the annual renewal of lease to the City. 4. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. 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 lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb Resolution No. 2007-_ Page 4 PASSED AND ADOPTED this 12TH DAY OF JUNE, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEG~CY: rfv?j~ /\ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of ,2007. CITY CLERK Resolution No. 2007- Page 5 EXHIBIT "A" LEGAL DESCRIPTION A portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat Book 129, Page 59 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Begin at the northwest corner of said Tract A; Thence run South 78 degrees 32 minutes 43 seconds East along the north line of said Tract A for a distance of 59.05 feet to a point on the arc of a circular drive, concave to the west, the center of which bears North 76 degrees 20 minutes 45 seconds West from said point; Then run Southerly along the arc of said curve, having a radius of 5647.58 feet, through a central angle of 01 degrees 09 minutes 46 seconds for an arc distance of 114.60 feet to a point; Then run North 76 degrees 18 minutes 50 seconds West along the south line of said Tract A for a distance of 61.45 feet to the southwest corner of said Tract A; Then run North 15 degrees 29 minutes 40 seconds East along the west line of said Tract A for a distance of 112.35 feet to the point of beginning. ""........... ,..,....., ,,~ EXHIBIT 3 01-VAR-07 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager TO: City Commission BY: Joanne Carr, AIC Planning Director DATE: May 15, 2007 SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for four parcels of land on the west side of Biscayne Boulevard between NE 213 Street and the north City limit from MO, Medical Office District to B2, Community Business District (02-REZ-07) June 12, 2007 Local Planning Agency Agenda Item ~ June 12, 2007 City Commission Meeting Agenda Item 7 July 10, 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 four parcels of land on the west side of Biscayne Boulevard between NE 213 Street and the north City limit from MO, Medical Office District, to B2, Community Business District. THE REQUEST Staff is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for four parcels of land on the west side of Biscayne Boulevard between NE 213 Street and the north City limit from MO, Medical Office District to B2, Community Business District to facilitate development in accordance with a recommendation from the City's Planning Consultants. BACKGROUND OWNERS OF PROPERTIES: Folio # 28-1234-001-0150 City of Aventura *Folio #28-1234-001-0160 Biscayne Medical Properties LLC *F olio #28-1234-004-0340 *F olio #28-1234-004-0350 Folio #28-1234-001-0170 Folio #28-1234-001-0180 Biscayne Medical Properties LLC Biscayne Medical Properties LLC Roy R. Lustig Trustee Roy R. Lustig Trustee * These three properties are subject to a recorded Unity of Title and are considered one parcel. NAME OF APPLICANT LOCATION OF PROPERTY SIZE OF PROPERTY Folio # 28-1234-001-0150 *Folio #28-1234-001-0160 *Folio #28-1234-004-0340 *F olio #28-1234-004-0350 Folio #28-1234-001-0170 Folio #28-1234-001-0180 HISTORY City of Aventura west side of Biscayne Boulevard between NE 213 Street and north City limit (See Exhibit #1 for Location Map and Exhibit #2 for parcel layout plan) approximately .45 acres (.23 after reservation for future right-of-way) approximately .98 acres for 3 folio numbers approximately 1.26 acres approximately .97 acres In April of 2003, the planning firm of Wallace Roberts Todd prepared a study entitled "Conceptual Urban Development Framework - Aventura Medical Office District" at the request of the Economic Development Advisory Board. This study, attached as Exhibit #3, was undertaken to review current land use regulations in the Medical Office District and make recommendations for redevelopment. The major recommendation of that report was to create five distinct development areas within the triangle of land on the west side of Biscayne Boulevard currently zoned MO, Medical Office District. Those five development areas, shown on the plan attached as Exhibit #4, were: 1. "Medical Office - Large Site" area comprising land bounded by Biscayne Boulevard, NE 213 Street, NE 28 Avenue and the north property line of the Aventura Hospital campus in which minimum lot size was recommended to increase from 1.5 acres to 3.0 acres to permit substantial office developments. 2. "Medical Office - Small Site" area comprising land bounded by NE 28 Avenue and East Dixie Highway, NE 206 Street and the south property line of the Aventura Hospital campus in which minimum lot size was recommended to decrease from 1.5 acres to .5 acres to permit a "village-like array of smaller office structures". 3. "Residential Multi-Family - High Density" area comprising land bounded by NE 29 Avenue and East Dixie Highway and NE 214 Terrace and NE 213 Street to allow workforce housing for employees within medical district. 2 4. "Residential Multi-Family - Moderate Density" area comprising land bounded by NE 29 Avenue and East Dixie Highway on the north side of NE 214 Terrace to allow townhouse type development. 5. "Commercial Outparcels" for the properties fronting on Biscayne Boulevard at the northern and southern parts of the district. The B2, Community Business District, zoning category was recommended. In addition to creating the five development areas above, the consultant's report recommended amendments to the site development standards to accomplish the compact, urban design goals of the new mix of uses, including increased floor area ratio, reduction in open space, reduction in setbacks, review of parking ratios, inclusion of design guidelines, streetscape enhancements, street extensions and street closures in the district. The Advisory Board adopted the recommendations of the consultant's report and requested that it be transmitted for City Commission's consideration. A staff report was presented to the City Commission on November 4, 2003 that recommended incentives for large office developments and residential rezoning in the north part of the district, a lot size reduction to .5 acres in the south part of the district, commercial rezoning of the lots fronting Biscayne Boulevard, revised site development standards and new urban design and streetscape standards. Following testimony from landowners in the northern portion of the district at the November 4, 2003 public hearing, the proposal to rezone that northern portion to residential and commercial was not passed. Following subsequent meetings with a predominant owner in the north part of the district, no change was made to the lands bounded by Biscayne Boulevard and East Dixie Highway north of the Aventura Hospital campus. Those lands remain with the MO, Medical Office District, zoning designation. However, the recommendations for redevelopment of the portion of the MO district south of the hospital campus were passed. Those recommendations included a reduction in minimum lot size to .5 acres, revised setbacks, lot coverage, open space, streetscape and urban design standards for the lands remaining in the medical office zoning category. Although the consultant's report recommended the B2 zoning category for the parcels fronting Biscayne Boulevard, staff recommended the B1 zoning district to complement the new village-type uses. On January 6, 2004, the City Commission passed Ordinance No. 2004-01 which rezoned five parcels fronting on the west side of Biscayne Boulevard, shown on the map attached as Exhibit #5, from MO, Medical Office District, to B1, Neighborhood Business District and also passed Ordinance No. 2004-02 which revised setbacks, lot coverage, open space and minimum lot size, additional conditional uses, streetscape design and urban design standards for lands in the south part of the medical office district, shown on the map attached as Exhibit #6. 3 DESCRIPTION OF THE PROPOSED AMENDMENT Staff now wishes to re-examine the rezoning of the four parcels fronting Biscayne Boulevard in the north part of the medical office district from MO, Medical Office District, to B2, Community Business District. The 2003 report from the planning consultant recommended rezoning of those parcels from medical office use to commercial uses permitted in the B2 zoning district. No change was made in 2003 due to the fact that the recommended large office building parcels and residential rezoning in the north part of the district were not approved. In 2003, staff did not recommend the B2 zone for these four parcels, but rather the B 1 zone, due to the proposed residential rezoning of parcels immediately to the west and the 20 story, 341 foot height of the B2 zone at that time. That height has since been reduced to 12 stories or 120 feet by Ordinance No. 2006-02 passed on February 7, 2006. This 12 story height limitation in the B2 zoning district is now the same as the permitted height in the Medical Office zoning district. ANAL YSIS Future Land Use Designation Subject Properties: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Properties: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject properties: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Business (City of Hallandale Beach) Business and Office Business and Office Business and Office MO, Medical Office District City of Hallandale Beach MO, Medical Office District B2, Community Business District MO, Medical Office District vacant nursery school/day care (City of Hallandale Beach) public storage vacant vacant and single family residences The following standards for reviewing proposed amendments to the Official Zoning Map are found in Section 31-77 (f) of the City Code: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. 4 The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan. Specifically, the future land use map designation of these properties is Business and Office. The proposed B2 zoning category is permitted on land with this future land use map designation. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The uses in the B2 district are compatible with the uses in the medical office district to the south and west. There is a vacant parcel directly opposite on the east side of Biscayne Boulevard zoned B2. The majority of properties on Biscayne Boulevard are zoned B2. 3. Whether or not the subject properties are physically suitable for the uses permitted in the proposed district. The subject properties are physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are sites available in other areas currently zoned for a B2 use. The majority of properties on Biscayne Boulevard are within this zoning category. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The proposed change will contribute to redevelopment of the area in accordance with a 2003 plan by Wallace, Roberts & Todd, LLC, Planning Consultants, entitled "Conceptual Urban Development Framework - Aventura Medical Office District". 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The proposed change will not adversely affect traffic patterns or congestion. The proposed B2 zoning category allows general office, medical office and general retail and commercial uses. Due to this wide range of uses permitted in the B2 zone, the effect on traffic patterns and congestion will depend upon the actual use of the property. If developed for general office use, the number of vehicle trips per day would be less than those for medical offices. If developed as medical offices, the daily trips would be the same as the existing zoning. If developed as general commercial, the daily trips will increase. However, in the event that each property was developed to its greatest intensity as general commercial, the increase in daily trips is not expected to adversely affect traffic patterns or congestion. The intersection of Biscayne Boulevard 5 and NE 213 Street is now operating at Level of Service (LOS) C in the a.m. peak period and at LOS E in the p.m. peak period. The Miami-Dade County signal timing changes that have been approved and are expected to begin within thirty to forty-five days at this intersection will improve the LOS as follows: Existing LOS AM Peak Period C PM Peak Period E With Signal Timing Change AM Peak Period B PM Peak Period C For Commission's information, there are six levels of service, with A being free flow and F being the breakdown flow with severe congestion. Level of Service B that will be achieved with the signal timing represents stable traffic flow and Level of Service C is the minimal non-congested level of flow. The City is also reserving approximately one-half of its property at this intersection for future right of way to provide an east-west connection from Biscayne Boulevard at this intersection to East Dixie Highway, which will further improve the Level of Service. It is anticipated that this connection will be constructed as part of development approval. 7. Whether or not 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 or not 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 or not 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 benefit the City by facilitating development of vacant land at our northern entrance on Biscayne Boulevard. 6 BROWARD COUNTY ..-.-.-.-. :.. DADE COUNTY'. :. :. '. :. .. .. .. '. '. '. .. IVES DAIRY RD. ~ 3:: I W ?:S o s: MIAMI GARDENS DR. '. '. '. :. .. :. '. :. .. :. .. '. '. :. '. :. '. :. .. :. ;. .. :. :. :. :. :a :. . .4. ',' :. '.,:. ;. '. .-;. '. :. '. '. ~. :. '. :. ,:. n'" o.rT LT': ':":,':-: '-:'irov ~,~ ............... :'l""'r ~ .~f1~1 - ,- f\lfslream YACHT CLUB DR · ~ . 1 MARINA · . ~//.\) 8fk~ELE .= lj SUBJECT SITES --- ((~ INfJ\ \fJ"''{ = i ~ . \ I ~ .,"'/ WATERWAYS JLV~J 207 S1 f~ · ( U fu . -- AVENTURA 'O\...\J'O Fire I D Rescue Avenlura Slalion Library ci > -! Q) 2 <( lLJ o o Aventura Mall 192 S1 192 ST 191 81. 1 90 81 Loehmann's Fashion lLJ island ~ O'l N 188 8T ci > --J Q) 2 <( lLJ o o A1 Allanlic . Ocean LEGEND ...... Roadways City Boundary ZIP Code Boundary Railroad EXHIBIT 1 02-REZ-07 '" 4OOf" ~~tt~ ,,,,,,,x><0,,,,28,l3':UI,'JO ~Jl '( ""'4OOW:~ I "", ,., 3400 ... 28 34OOW,. I I r t 'so ''''''OOWJ10 ,. 3~:,:~ 'so "IJ~_~; U L ,-r -fr--j ~812J4004142 281 J4Q04 4go 28J340041 JO g" J4OO'fO ''''''00'''''' 281234OO41~ 00 N NE 214TH TER NE 214TH TER ~12]400405'O 2812340040570 -- 2e12J40040~ 28lpJ4004 to W0405l 2812J400406oo 12J<400406 -~T ~"3 '" 3400W ,. j 9' 281 3400' ". 281 J 7~O I-- 281 340 14(1 28123-0040810 o 281 400 130 ~ l+-' w i Z 8'23040040 "' _t. ." L-t__ ~_t NE 214TH ST 28 23400'1 60 .,-".~ --r-- I pSI2J.oo41J5 281234OO4t320 004150 UI1 34004' 10 281 !J4QO< 270 281 34004 &0 Ull J40Q41 iO 2el J4.00"'l~ 04 '200 2812J4004136a!81 ~ ~4()0.4 90 ~ 2e, 4004'110O 215' 340041 70 ~"_"JO L ''''40041 NE 213TH ST --..l&;z;uooum 2812340010220 2812340010190 ET 10 I _ 524211 I KEY MAP NOT TO SCALE ~" "400 I -,1--- 26123<40040&10 81234004154 -I -7 28123400415 I =-1-_ W I ""400401 2812340010160 >-- U I >-- Ol N W Z 21!112J40010170 28'2J40041~ 2812J.4OClI018O ~~ ~ ---------- 2 Qj' ~ ,;:: J !:} Q) r--- / ""~,- !;' <: -'- '* :z: '~ "--.~ Affected Properties in Dark Outline EXHIBIT 2 02-REZ-07 Conceptual Urban Development Framework A ventura Medical Office District Submitted to: Economic Development Advisory Board City of Aventura Submitted by: Wallace Roberts & Todd, llC April 21, 2003 EXHIBIT 3 02-REZ-07 CONCEPTUAL URBAN DEVELOPMENT FRAMEWORK AVENTURA MEDICAL OFFICE DISTRICT At the March 27, 2003 meeting of the Aventura Economic Development Advisory Board representatives of the City's consultant, Wallace Roberts & Todd, LLC, reviewed a number of issues pertaining to the redevelopment of presently underutilized properties adjacent to Aventura Hospital, comprising what has been identified as the Medical Office District. At the conclusion of this meeting WRT was asked to consider various development scenarios and offer recommendations pertaining to land use mix, minimum lot sizes and other factors related to the character of development. Of specific concern was the present minimum lot size in the Medical Office zoning district of 1.5 acres, which was considered by some members to be overly restrictive on small office development, while not inducing optimally efficient larger medical office buildings. The recommendations contained herein are considered conceptual and preliminary to more detailed investigations and are not based on analyses of market conditions, development feasibility, traffic engineering or parking demand. Accompanying the recommendations are the following graphic depictions: Figure 1 - Conceptual Urban Development Framework depicts the proposed overall structure of the district, including land use sub-districts, gateways, and corridors. Figure 2 - Street Network depicts existing streets to remain, those which may be created in the future, and those existing streets which may be abandoned to accommodate property assemblies. Figure 3 - l/Iustrative Plan depicts conceptually the scale of development consistent with recommended land use and zoning designations, future street alignments and landscape and streetscape enhancements. Land Use and Zoning Designations Overview The area to the north and south of Aventura Hospital has recently accommodated several medical office developments of varying sizes and intensities. A key issue is what is a reasonable mix of land uses based on the likely marketability of office and other uses, and the overall functionality of the district. If redevelopment for office use were to take place throughout the MO district at the maximum permitted intensity at ten stories, nearly 2 million square feet of office space could be accommodated. Although the study effort did not include market analyses, anecdotal evidence would 1 suggest that this is well beyond what the office market could reasonably absorb even far into the future. Consequently, other compatible uses must be encouraged if the area is to redevelop in an appropriate and compatible fashion. Factors that influenced the following recommended land use and zoning designations included existing property sizes, proximity to the hospital, access and visibility, Biscayne Boulevard frontage and compatibility with adjacent uses outside the Medical Office District. Medical Office - Large Site The area bounded by Biscayne Boulevard, NE 213 Street, NE 28 Avenue and the northern property line of Aventura Hospital is believed to be ideally suited to large scale, predominantly medical office use due to its direct adjacency to the hospital, large property sizes and direct access and visibility along Biscayne Boulevard. In this area, totaling approximately 8 acres, consideration should be given to increasing minimum lot size to 3.0 acres. This would permit two substantial office developments totaling approximately 400,000 square feet, plus multistory parking garages. Medical office should be the predominant use, with multifamily residential and a limited array of ancillary commercial uses related directly to the district permitted as conditional uses. To provide for necessary vehicular access and connectivity within the district, several new streets may be appropriate to accompany this redevelopment. These include an extension of NE 212 and 213 Streets to provide east-west access and district entrances from Biscayne Boulevard, and an extension of NE 29 Avenue to provide north-south access and connectivity to the hospital. Medical Office - Small Site That portion of the medical office district located immediately to the south of Aventura Hospital, south of NE 209 Street, is comprised primarily of small single family parcels and unrelated commercial uses. The present 1.5 acre minimum lot size poses a challenge for the assembly of suitable sites, and also precludes smaller medical/dental office development appropriate to accommodate individual group practices occupying their own buildings. As such, this minimum lot size could be inhibiting appropriate and compatible small-scale redevelopment. Consequently, it is recommended that the present MO district in this area be modified to reduce minimum lot size to either 0.5 acre, or 20,000 square feet. This will permit a .village-Iike. array of smaller office structures. The combined capacity for small office development, based on a floor area ratio for one-story buildings of 0.40, would total approximately 140,000 square feet. However, due to the present requirement to retain 33% of site area as landscaped open space, this capacity can only be achieved with parking placed in multi-level garages, which may not be economically feasible. If all development were to occur as single story structures with surface parking lots, less than 100,000 square feet could be accommodated. This amount, plus the quantity of larger scale medical office development which could occur to the north, would indicate a 2 total additional capacity for medical office development In these two districts of roughly 450,000 - 500,000 square feet. Residential Multi-Family - High Density The area between NE 214 Terrace and NE 213 Street comprises a pattern of fragmented small lot single family development similar to that existing to the south of Aventura Hospital. However, the total land area is significantly greater, fewer homes remain and the street pattern remains largely incomplete. While medical office is considered an appropriate use, it is highly unlikely that this large area could be consolidated for medical office use in the foreseeable future. This area may be more likely to redevelop for multi-family housing, which can help the City meet its need for a more affordable housing stock, strengthen the tax base and provide an opportunity for many of the employees within the medical district to reside within walking distance of work. Either RMF 3B (35 dwellings per acre) or RMF 3A (45 dwellings per acre) could be considered appropriate zoning designations, which may better reflect present-day marketability than the present medical office designation. Such RMF designations could accommodate between 488 and 628 dwelling units depending on which RMF designation were applied. Although it is recommended that this area build out as a predominantly high-density residential enclave, medical office and limited commercial use should be considered as conditional uses. Residential Multi-Family - Moderate Density That portion of the Medical Office District lying north of NE 214 Street consists of a narrow band of formerly single family development of only one lot deep. Because of the shallow lot depths and the immediate proximity of a single family neighborhood beyond the City limit, high density or large scale residential or office uses are not appropriate. Consequently, this area is recommended for townhouse or similar moderate density multi-family residential use. While the RMF3 zoning district, which provides fO'r 25 dwellings per acre and up to 4 stories, may be an appropriate designation, to maintain compatibility with the neighborhood to the north, a reduction in density and maximum height should be considered. Total residential development capacity is estimated to range from 26 dwellings, if developed as townhomes, to up to 73 dwellings if developed as mid-rise apartments Commercial Out Parcels At two locations, at the northern and southern edges of the Medical Office District, there exist several triangular-shaped parcels with frontage and access along Biscayne Boulevard. While such parcels could conceivably be assembled with adjacent properties for office or residential development, it is more likely that these properties would be developed as freestanding commercial outparcels. Such commercial uses should be limited to those that would not detract from the character and image of the Medical Office District, as permitted in the B2 zoning district. 3 Development Intensity Standards The intensity, compactness and efficiency of development which can be achieved in the MO District is a function of the development standards that govern floor area ratio (ratio of building area to site area), maximum lot coverage (percent of site covered by buildings), minimum landscaped open space (percent of site in green space), minimum setbacks (distance of buildings from property lines) and parking ratios (ratio of parking spaces to office space). In several cases noted below, present development standards may not be conducive to an efficient, compact and "urban" character suited to a medical office district. As a reference, present development standards for the MO District are compared with those in place for the region's largest medical complex surrounding Jackson Memorial Hospital I University of Miami Medical Center. Floor Area Ratio (FAR) Present FARs are variable with a base of 0.40 and an additional 0.11 for each additional floor. Thus, a 10 story building would be permitted a total area of FAR 1.39, or 139% of the gross lot area. This compares with a FAR of 1.72 permitted surrounding Jackson Hospital. Maximum Lot Coverage Present maximum lot coverage ranges from 40% to 45% of gross lot area, depending on the proportion of parking provided in parking garages. This coincides with the maximum 40% coverage applicable to the medical district at Jackson Hospital. Minimum Landscaped Open Space The total percentage of site area required to be maintained as landscaped open space ranges from 33% to 39% depending on proportion of parking provided in parking garages. This requirement may be considered excessive for an intensely developed urban district, and may act as an impediment to efficient, compact development. As noted above, the open space requirement may preclude development up to the maximum floor area ratio without resorting to parking structures, which may be infeasible or uneconomic for smaller office developments. The comparative open space requirement applicable to the medical district at Jackson Hospital is 15% of gross lot area, less than half of that required by Aventura's MO District. Consideration should be given to reducing this requirement. - Setbacks Present front, side and rear yard setbacks applicable in the MO District are 50 feet, 20 feet and 25 feet, respectively. As with the minimum open space requirements, these may be. considered 4 excessive for the development of a compact urban district. They compare with setbacks of 10 feet for front, side and rear yards in the medical district at Jackson Hospital. Consideration should be given to reducing these requirements. Parking Ratios The present parking ratio applicable to medical and dental offices is one space per 300 square feet of office - a well-established standard and the same that applies in the medical district at Jackson Hospital. However, Mlarge office buildings M, or those 150,000 square feet and over, are required to provide additional parking according to a formula. As applied to a 150,000 square foot office building, this would have the effect of increasing required parking from 500 spaces (based on 1 space per 300 square feet) to 644 spaces, an approximate 29% increase. Considering the possibility that the development of affordable housing within walking distance could reduce parking demand for those district employees residing nearby, present parking requirements may exceed what may actually be needed, thus unnecessarily increasing development costs. Therefore, it is suggested that the present parking requirement be reviewed. Local Street and Streetscape Pattern Figure 2 depicts potential adjustments to the local street pattern, as described below. Potential Street Closures In order to support the consolidation of sites for larger scale development, the City should be prepared to assist in property assembly by abandoning certain existing streets or rights-of-way. These include NE 214 Street and NE 208 Terrace. Neither street provides essential internal connectivity, or access to Biscayne Boulevard. Potential New Streets Potential new streets, depicted in dashed lines on Figure 2, include the following: NE 30 Avenue I NE 213 Street extension across Biscayne Boulevard. This linkage could become a major entrance to the district and to the neighborhood to the north. NE 213 Street extended east from where it presently ends at NE 28 Avenue, to define an edge between the predominant office use to the south and the predominant residential use to the north. 5 NE 212 Street, extending from NE 28 Street to Biscayne Boulevard and defining the edge of the Aventura Hospital compound. NE 29 Avenue to connect the north edge of Aventura Hospital to the office and residential development to the north. District Character Enhancements The Aventura Medical Office District has the potential to redevelop over time as a lively mixed use district comprising a concentration of small and large scale medical offices, close-in walkable and affordable housing and supporting commercial uses. The mbdifications to zoning codes and adjustments to the local street pattern, described above, are necessary but not sufficient to guide redevelopment to produce a character and unique identity consistent with the high standards of community aesthetics maintained elsewhere in the City of Aventura. In order to improve upon the quality and character of development it is recommended that the City consider two additional initiatives, as follows. Streetscape Enhancements As shown conceptually in the Illustrative Plan, a network of streetscape enhancements could greatly improve the aesthetics and the pedestrian environment and connectivity within the district. Components should include street trees and sidewalk along all local streets, enhancement of NE 28 Avenue as a well- landscaped pedestrian-vehicular spine and the creation of a continuously landscaped edge along Biscayne Boulevard. In addition, the district may benefit from the creation of a "themed" wayfinding signage system and identity features such as entrance gateways and roundabouts. Design Guidelines Whether the Medical Office District is developed so as to · read. as a defined district, rather than a fragmented collection of individual office, residential and commercial structures, depends on the degree of harmony and consistency in the design of individual elements. In order to achieve a consistency in scale, building orientation, colors, materials and architectural features, a set of basic design guidelines is recommended to be developed and applied through an overlay district, or similar means. 6 ....r~.... ..... .4. .... ~ ResideQtiall Multi-Family District - Moderate Density r' . - ~ Residential I Multi-Famlly District - High Density Commercial Outparcel IV!: n _~.3.! 31h "'I . . , ., reel Medical Office I Mixed-Use Development (3 ac min site) NE 28th Avenue Streetscape Enhan~emerit . .' __.-j~~~_- "'-'''--r:.~~':C:-( . '>.,.. -=~~...........- ~3~~~~~~ 'j '1;- ~ ,01 :Ii III ..~ , \ I ! 1-8 'E \8 I '0 UJ u.. ,,~; . t' ,..._....,.__...,.:.c,.._ 4- 'n Aventura Medical Office District City of Aventura, F!Oiida ~i!lllr~.!__I:II~cep!u~1 Urban Development Framework ;1~ ---..,..,--.- ..,~- . i,__~_ NE 213th Street Hospital District Boundary .. Medical G~mpus ..' '---:-:~Boundary c-,.".~--,-=_::: Le?~,!~_ ,._ . --,.. -' .'='~~-'~~'~~-~e~stin9-.Str~ ... ~ __':._m_""""'~_'';:'''.''_._ ..' " , ,: '<3~~-;;;:PQt~ntial N~W';Str~ts:'&' ,. Street Expanslon+c=-- " _.=-';:==~~'~'""potf!nti~;'-~~'~~t Closure '~ ~ '01 :f ~ 'x a. :~ III . "..:....-.---.-.---..-' -., ~--_..,,- Aventura Medical Office District City of AventurJ, Florida F!!J!r.e_~~,~!rl!et Network Consideration :e .--':...---/ '" '~ " '----.. ") ", , propoSe<:f , c ,Storm.Wafe....' .' . ,J- e ~ 'Management_ Are.+' _no' ,.' , ,-,.",:.:~..:-- .. /"--"''1"'''" . ) (=~~I'--'\- '.' ,'0, > ,o.',:,'~_ \\ '<-::-'-', ....)!E-- ,. Storm w,te'f ,', ' .'Mana~e'!i~ilt A~a>' N * ~.~ ..'~ ~ '~ :0> :f 'Q) , 'x '6 NE 210th Street o -0 .<:; <5 o o W LL. 'fi'- ..NEioSth..~iri8eL~~ ~ bt;:::-.' !l:i;j O' .' ~o< Ib Qj~ , __ Ib~ ' : ./J.~~ iJ'~ ~f!j~ .... -*- Aventura Medical Office District City 01 Aventura Florida Figure~ - Illustrative Plan , . '. ,'"" It f"~ I ! '! . ~ Dletrlct - I .d~~~. I ". ..... as .' . Dtstri~ . 2 . ~'~.tOutP~3 N/2 2, . . - 3th 81reet .;.if.i', Medical OffIce I Mlxed-U" Development 4 ~ ~ mln sltel r HE 28th Avenue Street8C8P8 Enhancement i ~ "",. '\ ,;" ~ I !iii, Sto~ ., M8~'" ,I '" .JlI."~; ~," ~._,....,..,.",,-'_'" ~ '~)\ '"' ,I _,.~...~.~,., <;I. '4.' Aventura Medical Office District City of Aventura, Florida Figure 1 - COActptual Urllan Oevel8pment Fl1IIII8Work ~ EXHIBIT 4 02-REZ-07 - ; \ \ I fl~1-j \ 'tMOO141:1O \ I .- \ oroo 1 ..... - .no ~ - .- ..10 - \ .., .... . - .... cmo -. ..... .... .... ~ :: ::c C) :c w >< Q t;; w ~ '- r-- ,- ,- / / --; / / / I / ;!/ ~ .).: J $ { -. \ \ \ ~- ..... 0110 '00'0 ,- - .... ??oo 0070 ;. ,- - - ~::~\ ~ NE_2~:~S.t:t .~_.III~"i . - ~ - - t ~~ . - ~ .... _... < <l.l=. ~ .. -. ;::!--- ~= ~ ~[Jjj .. \ \-)~id N_ ~ - -- ~ ~!~ - ~ ..,. =~ -~ ~'o ~ -??oo ~ .... N ~ d C,J N ~ ~ ft10 - - - .-.0 ,IMOMOO%1 1n40111001O 11MOt2OO10 ,--.. -. ~ ~ rnrr: wrr= N.E.20' THE PROMENADE SliD?? EXHIBIT 5 02-REZ-07 j \ \ \ J\~l .- -~ ~... \ \ J \ .... - .-.0 l .... ... lUG __00%1 -. ..... 01.. .." ~ ... .no -- ~ - - ~ J,;; -. (f - ... ~ .... 4) - .... DOO<I om> -- CII" "'0 ono 0400 .... ~ ;: ::c CJ :c w >< is t; w ~ -- - - NE 209 Street J.1!!.1I III IIn~I.,I}II- - -... '"10 '"'" - - .. = - -- .., ~ - -. - . = ~ ~LUJ \ \~::;b:J _ _N -~;- _ ~R' _ 01" = U --.... - - - - - :- : - - _ mo = :- -~ : - ~ fllIOUlU11I1 no In~ HE 206 Street I. i~ 'D4Ot2OO10 --"" \II \c -- ;\ ffiIC crm= H.E.2.0' - THE PROMENADE SIlO?? ~ ~ CJ ~ ~ ~ EXHIBIT 6 02-REZ-07 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 FOUR PARCELS OF LAND LOCATED ON THE WEST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 213 STREET AND THE NORTH CITY LIMIT FROM MO, MEDICAL OFFICE DISTRICT TO B2, COMMUNITY BUSINESS 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. 02-REZ-07, an application to amend the Official Zoning Map of the City for four parcels of land on the west side of Biscayne Boulevard between NE 213 Street and the north City limit from MO, Medical Office District to B2, Community Business District; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; 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 City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for four parcels of land located on the west side of Biscayne Boulevard between NE 213 Street and the north City limit, Folio Numbers 28-1234-001-0150,28-1234-001-0160, 28-1234-004-0340, 28-1234-004-0350, 28-1234-001-0170 and 28-1234-001-01801 from MO, Medical Office District to B2, Community Business District (see Exhibit "A" for property location). 1 Land with Folio Numbers 28-1234-001-0160,28-1234-004-0340 and 28-1234-004-0350 is subject to a recorded Unity of Title and is considered one parcel. Ordinance No. 2007- Page 2 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 and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern 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 Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb PASSED on first reading this 1ih day of June, 2007. Ordinance No. 2007- Page 3 PASSED AND ADOPTED on second reading this 10th day of July, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: Jvrjht1 ~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of July, 2007. CITY CLERK '" 2." ~t'" + ,.. ,:' "0 2S1 J4Ol).4() 211123400402JO 160 ze J4OO40 10 28 34004 70 zel J 20 2~ 2J.oo 130 NE 214TH TER 2!1123~570 1234004056 IZJ40()4()51Q 2812'400-0580 ~ " 2e.12J.4.00~OO 812J40lH05 .0 l "J<OO~i 1;". 812J400"'J50 2e'2J~'220 21112J40041320 -0" 150 'Sl 34004, 10 2" J<oo< ,'" 282J~ 00 ,.. J4oo4 ao 21112J4004.,J8(!IU J~.JfO 2S1 J4004' iO 2.' .(.041 00 '.200 281 3'0041 )lJ ....H.1.1J.iOO~- Exhibit "A" to Ordinance No. 2007- ~0111J< 10 -',' ,~,,-"""'. E' ''', :: '400 ~ 281 00 250 ZeUJ400<<lJIQ ro "l w Z NE 214TH TER leI ..140040 20 281 J4004 7110 281 J~ 7~ 74(l 211123400401'0 812J40040 e- U 281 I I- 0Cl N W Z 2812J4OO.4.Oe7Q o 281 340040 70 --'-- NE 214TH ST lO1'~'''' 201 ,I 20' '40041 JO 28 J4oo41 10 2111B400414 21112J..0041500 I- U I I- ro N w Z 2111 J<4004, 70 e12J4QO.'~" 28123400.'450 IU2J4OQ41 21112340<)(1 NE 213TH ST UIl2J400'0220 1 2812H001019O --I / ET 10 _' 524211 I KEY MAP 7 NOT TO SCALE '" "2340040 2812J4OO101110 I- U I I- a> N W Z 21112J.&()Qt0170 28'2.34004156 Z412J.400I018Q ~ Qj jf ~ cJ f:J QJ 2812J<<l7JOO50 !;' <- ->- s :z ~~ '~ ~~ ~--------- Affected Properties in Dark Outline ~~ ~ CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM ! BY: City Commission -,,~ ! Eric M. Soroka, City ~erl ~re, Fi~~nce su~port Services Director j TO: FROM: DATE: April 20, 2007 SUBJECT: Mid Year Budget Amending Ordinance 1 st Reading May 1, 2007 City Commission Meeting Agenda Item '1.. 2:> 2nd Reading June 12, 2007 City Commission Meeting Agenda Item & Recommendation It is recommended that the City Commission approve the attached ordinance amending the 2006/2007 budget. Backaround As you are aware, the City normally amends the budget to recognize actual fund balance amounts carried over based on the prior year's audit. In addition, budget amounts are amended to re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30,2006 to the 2006/07 budget was discussed in some detail in my memorandum dated April 19th which was distributed to the Commission along with the CAFR. Since we were doing a mid-year amendment, I also wanted to amend the budget to reflect a couple of needed changes to the way that we budget for expenditures for specific functions where we account for the costs in the General Fund and make a budget transfer from other funds to reimburse the General Fund for these costs. As part of last years' audit, our independent auditors, McGladrey and Pullen, LLP requested that we reclassify these transactions to reflect the actual expenditures in the other funds and to reduce the transfers. We concurred with their recommendation for 2005/06 fiscal year and need to change the budget for 2006/07 to reflect the proper accounting for that year. The first two entries in the budget amending ordinance along with revisions to the Street Maintenance Fund and Stormwater Fund satisfy this requirement. HMKlhmk 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 Weinberg, who moved its adoption on first reading. This motion was seconded by Vice Mayor Stern, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern 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 Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb PASSED on first reading this 151 day of May, 2007. 2 Ordinance No, 2007-_ Page 3 PASSED AND ADOPTED on second reading this 1 ih day of June, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPRO~ ~EGAL SU~CIENCY: CITY ATTORNEY ~ 3 Exhibit A ~~ Budget Amendments GENERAL FUND Revenues Non-Revenue 3811041 Transfer from Stormwater Fund 220,443 (100,000) 120,443 3811012 Transfer from Transportation Fnd 651,023 (651,023) 3999000 Carryover 12,671,395 3,262,684 15,934,079 SUBTOTAL 13,542,861 2,511,661 16,054,522 Total Amendments-Revenues $ 2,511,661 Expenditures Community Services (5001-539) 3450 Landscape/Tree Maint./Streets 1,775,000 -651,023 1,123,977 3460 Street Maintenance/Drainage 100,000 -100,000 SUBTOTAL 1,875,000 (751,023) 1,123,977 Capital Outlav/Finance Support Services (8010-513) 6401 Computer Equipment 6,000 5,000 11,000 SUBTOTAL 6,000 5,000 11,000 Capital Outlav/lnformation TechnoloQV (8012-513) 6401 Computer Equipment 113,000 75,000 188,000 SUBTOTAL 113,000 75,000 188,000 Capital Outlav/Public Safety (8020-521) 6405 E911 Equipment 0 30,000 30,000 SUBTOTAL 0 30,000 30,000 Capital Outlav/Communitv Services (8040-541/572) 6341 Transportation System Improve. 279,000 100,000 379,000 6352 Hurricane Landscape Restor. 0 110,000 110,000 6310 Aventura Founders Park 552,000 30,000 582,000 6322 Waterways Park Improvements 1,000,000 500,000 1,500,000 SUBTOTAL 1,831,000 740,000 2,571,000 Capital Outlav/Non-Departmental (8090-590) 6999 Capital Reserve 12,902,574 2,421,462 15,324,036 SUBTOTAL 12,902,574 2,421,462 15,324,036 Page 1 of 6 9123 9124 9125 9129 Non Departmental/Transfers Transfer to 1999 Debt Service Fnd Transfer to 2000 Debt Service Fnd Transfer to 2002 Debt Service Fnd Transfer to 2002 DS Ch Sch Cons SUBTOTAL 1,357,500 482,300 402,000 o (11,090) 939 (3,152) 4,525 (8,778) Total Amendments-Expenditures .. - ................. :$ :',' '2,511,661 POLICE EDUCATION FUND Exhibit A 1,346,410 483,239 398,848 4,525 Revenues Non-Revenue 3999000 Carryover SUBTOTAL 8000 8000 (2,563) (2,563) Total Amendments-Revenues $ , ' ,(2,563) Expenditures Public Safety (2001-521) 5450 Training SUBTOTAL 12,300 12,300 (2,563) (2,563) Total Amendments-Expenditures '$ : (2,563) TRANSPORTATION AND STREET MAINTENANCE FUND 5,437 5437 9,737 9,737 Revenues Non-Revenue 3999000 Carryover SUBTOTAL 737622 737622 (322,146) (322,146) Total Amendments-Revenues $ , " (322,146) Expenditures Operatina/Communitv Services (5001-541) 3450 Landscape/Tree Maint/Streets SUBTOTAL o o 651 ,203 651,203 f~ 6307 6999 Capital/Communitv Services (8050-541) Street Lighting Improvements Capital Reserve SUBTOTAL 530,000 123,753 653,753 (198,393) (123,753) (322,146) Page 2 of 6 415476 415476 651 ,203 651,203 331,607 o 331,607 Exhibit A Transfers (9001-590) 9101 Tranter to General Fund SUBTOTAL 651,203 651,203 (651,203) (651,203) o o Total Amendments-Expenditures POLICE IMPACT FEE FUND $ "(322,146) Revenues Non-Revenue 3999000 Carryover SUBTOTAL 87900 87900 73,854 73,854 161,754 161754 Total Amendments-Revenues $ 73,854 Expenditures Non Departmental (9001-590) 6999 Capital Reserve SUBTOTAL 14,400 14,400 73,854 73,854 88,254 88,254 Total Amendments-Expenditures $, 73;854 PARK DEVELOPMENT FUND Revenues Non-Revenue 3999000 Carryover SUBTOTAL 1488800 1488800 484,586 484,586 1 ,973,386 1973386 484,586 Total Amendments-Revenues $' Expenditures Non Departmental (9001-590) 6999 Capital Reserve SUBTOTAL 500,000 500,000 484,586 484,586 984,586 984,586 Total Amendments-Expenditures $, .. 484,586, Page 3 ot 6 SERIES 1999 DEBT SERVICE FUND Exhibit A Revenues Non.Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL 1,357,500 9,000 1,366,500 (11,090) 11 ,090 Total Amendments-Revenues SERIES 2000 DEBT SERVICE FUND 1,346,410 20,090 1,366,500 Revenues Non.Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL 482,300 4,500 486,800 939 (939) Total Amendments-Revenues SERIES 2002 DEBT SERVICE FUND/LAND ACQ. 483,239 3,561 486,800 Revenues Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL 402,000 2,000 404,000 (3,152) 3,152 Total Amendments-Revenues SERIES 2002 DEBT SERVICE FUND/SCHOOL CONSTR 398,848 5,152 404,000 Revenues Non-Revenue 381101 Transfer from General Fund 3999000 Carryover SUBTOTAL 4,525 (4,525) Total Amendments-Revenues Page 4 of 6 4,525 (4,525) Exhibit A SERIES 2000 CAPITAL CONSTR FUND Revenues Miscellaneous Revenues 3611000 Interest on Investments SUBTOTAL o o 200,000 200,000 200,000 200,000 Non-Revenue 3999000 Carryover SUBTOTAL 1980629 1980629 2,263,205 2,263,205 4,243,834 4,243,834 Total Amendments-Revenues $ . . .2,463,205 Expenditures COMMUNITY SERVICES (5001-572) 6203 Waterways Park Improvements SUBTOTAL 1,980,629 1,980,629 2,463,205 2,463,205 4,443,834 4,443,834 Total Amendments-Expenditures $ . 2,463,205. .- SERIES 2002 CAPITAL CONSTRUCTION FUND/LAND ACQUISTION Revenues Non-Revenue 3999000 Carryover SUBTOTAL 3621 3621 157 157 3,778 3778 Total Amendments-Revenues Expenditures Charter School Construction (6010-569) 6307 Charter School Construction SUBTOTAL 3,621 3,621 157 157 3.778 3,778 Total Amendments-Expenditures Page 5 of 6 Exhibit A STORMWATER UTILITY FUND Expenditures Community Services (8050-538) 3460 Street MainVDrainage SUBTOTAL o o 100,000 100,000 100,000 100,000 9101 Non-Departmental/Transfers (9001-581) Transfer to General Fund SUBTOTAL 220,443 220,443 (100,000) (100,000) 120,443 120,443 Total Amendments-Expenditures ...~ Page 6 of 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka I City Manager TO: City Commission BY: Joanne Carr, AI Planning Director DATE: May 29, 2007 SUBJECT: Proposed Revisions to Development Review, Planning and Zoning Application Fee Schedule for the City of Aventura (01-DRF-07) June 12, 2007 City Commission Meeting Agenda Item 9 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution revising the development review, planning and zoning application fee schedule. THE REQUEST City staff is requesting the revisions to the current development review, planning and zoning application fee schedule as shown on Exhibit #1. The increases are proposed to cover costs of City staff review, outside consultant's review and the City attorney's review of development, planning and zoning applications. BACKGROUND The fee schedule for development review, planning and zoning application fees was established by Resolution No. 97-35 passed on May 20, 1997. The schedule was subsequently revised by Resolution No. 98-05 passed on January 6, 1998, at which time the administrative site plan review fee was increased by $700.00 to cover costs for engineering plan review and landscape review by the City's consultants. A further revision was made through Resolution No. 2004-08 passed on January 6, 2004 to correct the application names to correspond with the City's Land Development Regulations. No increase in application fees has been made since 1998. The application fees on the current schedule were intended to cover the costs of planning and zoning staff review along with our engineering and landscaping consultants' review. In recent years, our review of development applications has become more extensive and time consuming, involving a planning consultant, a traffic consultant and an architectural consultant along with other City departments and the City Attorney. Engineering review has increased in scope along with our more extensive reviews. The current fee schedule does not provide for staff review costs of many applications made to the department, such as zoning review of building permits, alcoholic beverage applications, zoning verification letters, advisory and interpretation letters and pre- submittal review of plans. The schedule also makes no provision for costs of requests for postponement of public hearing applications, developments of regional impact, development agreement review or release of title documents, such as covenants and restrictions. Staff has conducted a survey of development review fees in other cities in Miami-Dade County. A summary of those fees is attached as Exhibit #2. The revised fee schedule with increased application and new review fees is proposed to cover staff, attorney and consultant's costs to continue to process, examine and evaluate each development application. 2 Exhibit #1 to Staff Report 01-DRF-07 City of Aventura Development Review, Planning and Zoning Application Fee Schedule Revised June, 2007 1. PlanninQ & ZoninQ Application Fees The following application fees shall be paid, in total, at the time of application. Each individual action shall be submitted with an application fee. Iication A Iication Fee $25,000 Amendments to the Comprehensive Plan Land Use Map Small Scale $ 7,500 Lar e Scale $10,000 Amendments to the text of the Comprehensive Plan $ 7,500 $ 7,500 $ 7,500 Amendments to the Official Zonin Map Amendments to the text of the Land Development Re ulations Administrative Site Plan Review - Single Use Sites (Residential or Non-Residential) Additional fee after three (3) reviews of plans Major revision to administrative site plan approval Minor revision to administrative site plan a proval $ 7 I 500 $ 2,500 $ 7,500 $ 4,000 $15,000 $ 5,000 $15,000 $ 7,500 $ 7,500 Ius $100 per lot/tract Administrative Site Plan Review - Mixed Use Sites Additional fee after three (3) reviews of plans Major revision to administrative site plan approval Minor revision to administrative site Ian a roval Tentative Plat Final Plat $ 5,000 plus $100 er lot/tract Conditional Use Modification of Condition of Conditional Use $5,000 $2,500 3 Page 2 of 3 of Fee Schedule Type of Application Application Fee Variance $5,000 Modification of Condition of Variance $2,500 Sign Variance $5,000 Abandonment of Right ofVVay $5,000 Appeal of Administrative Decision $1 ,000 Request for Postponement of Public Hearing $1 ,000 Application Temporary Use $2,500 Entrance Feature/Guardhouse $5,000 Modification/Replacement of Ent. Feature/Guardhouse $2,500 Development Agreement $5,000 Restrictive Covenant/Easements $5,000 Modification/Release of Covenant or Easement $2,500 2. Plannina & Zonina Buildina Permit Review Fees Signs, fences, swimming pools, additions I nterior/Exterior Renovations Trailer/Sales Office Permit Residential & Non-Residential Master permit Modification to master permit $ $ $ $ $ 150 150 150 500 250 4 Page 3 of 3 of Fee Schedule 3. Other Planning & Zoning Fees Alcoholic Beverage Application Zoning Verification Letter Pre-submittal review of plans Advisory letter/memoranda regarding applicable codes, interpretations, etc, Research request $ $ $ $ $ 100 100 200 500 75/hr 4. Advertising Costs All applications requiring public notice shall provide to the Community Development Department, at the cost of the applicant, a notarized list of all owners within a 300 foot radius of the property subject of the application along with two copies of self-adhesive labels containing the names and addresses of all property owners as required by City Code. In addition to the mailing list and labels and the fee schedule outlined in 1, above, applications requiring public notice shall pay a deposit to cover the costs of property posting notice, mailing notice and newspaper advertisements by the City, as follows: i) The sum of $10,000 for applications for Development of Regional Impact, Amendments to the Comprehensive Plan, Amendments to the Official Zoning Map, Amendments to the text of the Land Development Regulations ji) The sum of $1 ,000 for all other applications noted in 1. above. In the event that the publication, notice and mailing charges exceed the amount of the deposit above, the applicant shall be responsible to pay to the City the full cost of such charges. 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CD[ (/J ~ "0 iii :J * * (J) S "'0 iii ::I ~ < iir o. :J z o ::J I ;0 CD l/l a: CD ~ !!I (J) if "'0 iii ::l ~~ ;:a,'".l:. , N (Q<.n III 0-0 .., (/J- CD (/J C 01 0" l/l c-lfl s:~ ~.8 -lfl-lfl ...."'" <.n_ - <.n 88 3 !!.!, _. ::l ~~ C C (/J l/l CD CD (/J !!.!, ii(i) * -lfl "'" ~ r 8 o -lfl .... o ~ <.n .P~ 89 o~~ -.. :"f'" -l. f:h3- <.n _. g g;2, 0 . 3 l/l ~~ fOo m(') >e.f ;;'0 ct.... ~> ca < ."CD I ~ .E' iiI ,,(') I~ ~r Ii * i' '5!. I o ~ i S i. (') o ! Ci) lit f o o :I i ... iii' o :s o .... Bi' &>> < '< (1) NO' 0" ~:I (1) :s .. ~ < CD ~ ." (1) (1) tn en c ~ ~ iiS' f J! i (') ! I f. :1 m : n :::r RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 97-35, RESOLUTION NO. 98-05 AND RESOLUTION NO. 2004-08 TO REVISE THE FEE SCHEDULE FOR DEVELOPMENT REVIEW, PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 34-2 of the City Code, the City Commission is authorized to provide a fee schedule for development review, planning and zoning applications provided by the City and to amend such fees from time to time by Resolution following a public hearing; and WHEREAS, the City Commission adopted Resolution No. 97 -35 which established the fee schedule for development review, planning and zoning applications provided by the City; and WHEREAS, the City Commission adopted Resolution No. 98-05 which revised the fee schedule for site plan applications; and WHEREAS, the City Commission adopted Resolution No, 2004-08 which revised the application names on the fee schedule; and WHEREAS, it is recommended that the fee schedule be revised to increase the current development review, planning and zoning application fees and to add fees for additional services provided by the Planning and Zoning Division of the Community Development Department; and Resolution No. 2007- Page 2 WHEREAS, the City Commission has held a public hearing as provided by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The fee schedule for development review, planning and zoning applications adopted by Resolution No. 97 -35 and amended by Resolution No. 98-05 and Resolution No. 2004-08 is hereby further amended as follows 1 : "1. Plannina & Zonina Application Fees The following application fees shall be paid, in total, at the time of application. !\ refund of fifty (50%) of an original application foe may be refunded upon withdra'Nal of an application Y.'hen the 'Nritten request for '/.'ithdrawal is received within 60 days of the date of the application. Each individual action shall be submitted with an application fee. Iication A Iication Fee Development of Reqionallmpact $25.000 $ 1,500 Amendments to the Comprehensive Plan Land Use Ma Amendments to the text of the Comprehensive Plan $ 7.500 Amendments to the Official Zonin Ma $8W $ 7.500 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Resolution No, 2007- Page 3 Land Development Code ,^,mendment $8W Amendments to the text of the Land Development $ 7.500 ReQulations Site Pl3ns: Residential $2325 plus $2!unit residential Non Residential $2125 plus $2/100 sq ft -~--- ---- ~.~ Administrative Site Plan Review - SinQle Use Sites $ 7.500 (Residential or Non-Residential Additional fee after three (3) reviews of plans $ 2.500 Maior revision to administrative site plan approval $ 7.500 Minor revision to administrative site plan approval $ 4.000 Administrative Site Plan Review - Mixed Use Sites $15.000 Additional fee after three (3) reviews of plans $ 5.000 Maior revision to administrative site plan approval $15.000 Minor revision to administrative site plan approval $ 7.500 Site Plan Revision 50% of site plan review f-ee $600 plus $1/unit Tentative Plat residential or $25/acre non residential $ 7.500 plus $100 per lot/tract $1200 plus $1/unit Final Plat residential or $25!acre non residential $ 5,000 plus $100 per lot/tract Resolution No. 2007- Page 4 Conditional Use $8W $5,000 Modification of Condition of Conditional Use $2.500 Variance $8W $5.000 Modification of Condition of Variance $2.500 Sign Variance For 311 signs in existence prior to June 3, 1997 ~ 1\11 other signs $+W $5.000 Abandonment/Dedic3tion of Easement or $8W $5.000 Right of Way Appeal of Administrative Decision $1.000 Request for Postponement of Public Hearinq $1.000 Aoolication Temporary Use $500 $2,500 Entrance Feature/Guardhouse $5.000 Modification/Replacement of Feature/Guardhouse $2.500 Development Aqreement $5.000 Modification of Restrictive CO'v'enants 3nd Modific3tion of Resolutions $8W Restrictive Covenant/Easements $5.000 Modification/Release of Covenant or Easement $2.500 Resolution No, 2007- Page 5 2. Planning & Zoning Building Permit Review Fees SiQns. fences. swimminQ pools. additions Interior/Exterior Renovations Trailer/Sales Office Permit Residential & Non-Residential Master permit Modification to master permit 3. Other Planning & Zoning Fees Alcoholic BeveraQe Application ZoninQ Verification Letter Pre-submittal review of plans Advisory letter/memoranda reQardinQ applicable codes. interpretations. etc. Research request 4. Advertising Costs $ $ $ $ $ 150 150 150 500 250 $ $ $ $ $ 100 100 200 500 75/hr In addition to the f-ee schedule outlined in 1. above, any application requiring public notice in the ne'.vspaper shall pay an additional sum of $650.00. 1\11 applications requiring public notice shall provide the Community Development Department with self adhesive labels containing the names and addresses of all property owners required by Ordinance. In the event that the publication, notice and mailing charges exceed the sum of $650.00, the applicant shall be responsible to pay to the City the full cost of such charges. All applications requirinQ public notice shall provide to the Community Development Department. at the cost of the applicant. a notarized list of all owners within a 300 foot radius of the property subiect of the application alonQ with two copies of self-adhesive labels containinQ the names and addresses of all property owners as required by City Code. In addition to the mailinQ list and labels and the fee schedule outlined in 1. above. applications requirinQ public notice shall pay a deposit to cover the costs of property postinQ notice. mailinQ notice and newspaper advertisements by the City, as follows: i) The sum of $10.000 for applications for Development of ReQional Impact. Amendments to the Comprehensive Plan, Amendments to the Official ZoninQ Map. Amendments to the text of the Land Development ReQulations ii) The sum of $1.000 for all other applications noted in 1, above, Resolution No. 2007- Page 6 In the event that the publication, notice and mailino charoes exceed the amount of the deposit above, the applicant shall be responsible to pay to the City the full cost of such charoes." Section 2. The revised fee schedule is attached as Exhibit "A" to this resolution. Section 3. The City Manager is authorized to take all necessary and expedient action to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption, The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commission Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb Resolution No. 2007- Page 7 PASSED AND ADOPTED this 1ih day of June, 2007. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: Jvrjl1ll ~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of June, 2007. CITY CLERK Resolution No, 2007- Page 8 Exhibit "A" to Resolution No. 2007- City of Aventura Development Review, Planning and Zoning Application Fee Schedule Revised June, 2007 1. Plannina & Zonina Application Fees The following application fees shall be paid, in total, at the time of application. Each individual action shall be submitted with an application fee. Iication A Iication Fee $25,000 Amendments to the Comprehensive Plan Land Use Ma Small Scale $ 7,500 Lar e Scale $10,000 Amendments to the Official Zonin $ 7,500 $ 7,500 $ 7,500 Amendments to the text of the Com rehensive Plan Amendments to the text of the Land Development Re ulations Administrative Site Plan Review - Single Use Sites (Residential or Non-Residential) Additional fee after three (3) reviews of plans Major revision to administrative site plan approval Minor revision to administrative site Ian a roval $ 7,500 $ 2,500 $ 7,500 $ 4,000 $15,000 $ 5,000 $15,000 $ 7,500 $ 7,500 er lot/tract Administrative Site Plan Review - Mixed Use Sites Additional fee after three (3) reviews of plans Major revision to administrative site plan approval Minor revision to administrative site Ian a roval Tentative Plat $ 5 I 000 er lot/tract Final Plat Resolution No. 2007- Page 9 Iication A Iication Fee Abandonment of Ri $5,000 $2,500 $5,000 $2,500 $5,000 $5,000 $1,000 $1,000 Conditional Use Modification of Condition of Conditional Use Variance Modification of Condition of Variance Si n Variance A eal of Administrative Decision Request for Postponement of Public Hearing A lication Entrance Feature/Guardhouse Modification/Replacement of Feature/Guardhouse $2,500 $5,000 $2,500 $5,000 $5,000 $2,500 Restrictive Covenant/Easements Modification/Release of Covenant or Easement 2. Planning & Zoning Building Permit Review Fees Signs, fences, swimming pools, additions I nterior/Exterior Renovations Trailer/Sales Office Permit Residential & Non-Residential Master permit Modification to master permit $ $ $ $ $ 150 150 150 500 250 Resolution No. 2007- Page 1 0 3. Other Plannina & Zonina Fees Alcoholic Beverage Application Zoning Verification Letter Pre-submittal review of plans Advisory letter/memoranda regarding applicable codes, interpretations, etc. Research request $ $ $ $ $ 100 100 200 500 75/hr 4. Advertisina Costs All applications requiring public notice shall provide to the Community Development Department, at the cost of the applicant, a notarized list of all owners within a 300 foot radius of the property subject of the application along with two copies of self-adhesive labels containing the names and addresses of all property owners as required by City Code. In addition to the mailing list and labels and the fee schedule outlined in 1. above, applications requiring public notice shall pay a deposit to cover the costs of property posting notice, mailing notice and newspaper advertisements by the City, as follows: iii) The sum of $10,000 for applications for Development of Regional Impact, Amendments to the Comprehensive Plan, Amendments to the Official Zoning Map, Amendments to the text of the Land Development Regulations iv) The sum of $1 ,000 for all other applications noted in 1. above. In the event that the publication, notice and mailing charges exceed the amount of the deposit above, the applicant shall be responsible to pay to the City the full cost of such charges, / MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O,V, FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review Ilk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA NOTICE OF PROPOSED ORDINANCE in the XXXX Court, was published in said newspaper in the issues of 05/03/2007 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 thi vertisem or publication in the said newspaper. Sworn to and subscribed before me this 03 day of MAY ,A.D. 2007 e~#~~ (SEAL) O.V. FERBEYRE personally known to me i~" ~ Cheryl H Marmer " 'f.: ; My Commission 00338559 Of ,.." Expires July 18, 2008 ~RIlY9F~~A., " i'l ~\ PUBLIC NOTICE OF<MOPe..ORDINANCE NOTtCE:JSHEREBY!G)ViiNittlat_'JJMUdaY,Jhe 12th day of June. 2001., at a meeting ottheOity,~ of ttle;Ci1yot "ventura. to be hekt,at li:QO pcm. ,in ,JI'ltComrnl8si.on C~ in the A\/$\tufa, Govemment Ce~. Lt920Q Weat Coul'It'Y~b Drive. Aventul'flr,Florida. the City,OonlmiSeiOrlwlIh::opsider theadoptiof'l oUhe fotlowlng()(clinanoo on secoo<tteading..eAtiIje'd: ',' AN 9$, . AVENTO WHICH 0 . FISCAL " OPERAnNG ANDC 1. fti.~T{tfH. ",H~rry !1:tf~.Rf4!,lN~~~~", ".;,~ IThe propo$ed eNli~rilIY'~"_",*,i'&. ~0fft0el&1 _QtyOlertt{W2OO'VMt~C1.om.; ~iFIOdda.t_- ~~may8Jll'l!lW..f\lubIio~ttearitWittJ:NI8pett to...~~~~to'~iCorlt- ~!'l'''''' ...~~..aftl!lt! ttWJ'McIyOr opera ",pubIIc~W (-, r . ,"V';.'N ilO.I;.);C",:m':,.1;,';",;~,,/, :F"":"'~h;:;''''; ":,;-> ,,"c__':>_, 1 In aCcordanoewlth tile Americans with Ols8biIitieSActof 1990. all per- .~ ., ,JI~R~ "f9.f:l81,tici- ~iIJ QI; 'Ihe:office ~~~~i~!i~~~C:: with respect tq lIAY matter ~ at a meeting or turla9ng. that person )ViII;:, ' .~.,Jof", ' "maY~ to a '" "~r:o~ baSed. " - . CJTY C()MMI$SIqtf9fl"Hti'~p"t()F , '. OROl~~,~.~13 :ABlJi)GET FOR1'8E~ ."~~ R \OF 5/3 Teresa M. Soroka. MMCCity Clerk , '07-41041827618M ~ :I: ::) I- :e z (:) w .... ~ <C <( LL s:: 0 0 ~ .. U U Gl tJ) " Q) C 0 N Q) Q5 OJ E L: C\l C C\l Q) a.. ,9 z ~ -- c. c C ... 0 'C Q) :;::; u ,!!1 > u en "0 Q) Q) C3 <C C/) 0 .... .... 0 0 M M Ion Ion 0 """ """ c ~ """ """ .... .... .... ~ co co >< """ """ N CO L: Q) .D. E ~ :J Z Q) .D. 0- E c >- 0 I- :J :e 0 z Q) Q) "0 en ,~ 0 <C c C/) U - e ,.... 0 0 ~ N ...... ....... 0 e M ...... Lt') W 0 :;-.l CI) + .... .... ~ CO C + .... C a1 0 .- .... CO W (J .- ..c - .c Ie) ~ c.. lOA I WEDNESDAY, MAY 30. 2007 VENEZUELA FROM THE FRONT PAGE MlamlHerald,(0111 ! THE MIAMI HERALD Chavez begins inquiry on TV news station .6LOBOVISION, FROM lA "E J!l c o u ,., c "' CIl en o 0. S 0. ~ ~ - '0 Q. >< CIl ,., "' ~ ~ "' .5 ~ .n '" ~ ~ CIl ~ .. .~ CIl "C CIl OJ ~ u '0 c ,., "' E ::l o >- -t:i CIl OJ u :n ,5 CIl '" .. 0. "C C "' CIl OJ "C CIl ;; C o "C ~ CIl J: 'e "' i CIl ..c: I- ,5 "C CIl :; CIl 0. 0. "' "C .. CIl ;; OJ ;; CIl U C CIl "C 'S; CIl CIl > 'j;; ::l U C o u en "' "C CIl "C 'S; o a .!!! ~ CIl CIl ..c: "t w en :E I- quilizer, that you take it easy, because if not, I'm going to make you lake it easy," he said before a group of elderly supporters dressed in Chavez's signature red. Lara also iiled a case against CNN for using a dip of protests in Mexico over the killing oi a journalist to illustrate "alleged violations of press ireedoms in Venezu- ela, and juxtaposing images of an alleged a1 Qaeda leader and protests in China with images of Chavez. Globovision aired its foot" age during a retrospective of RCTV's decades of news coverage, and director Alberto Federico Ravell called the government's charges "ridiculous." CNN issued a statement acknowl- edging a mistake with the Mexico video footage and issuing an apology. Chavez's strong words and legal action come amid continuing street protests over his decision to not renew the broadcast license of the country's most popular channel, RCTV, that resulted in weekend clashes with police. The station stopped broadcasting at midnight Sunday, and the government kicked in with its own cul- tural and news programming station TVes on Monday, interspersed with political messages. Chavez called the RCTV act a "sovereign, legitimate decision," but neighboring government leaders, media watchdog groups and human rights organizations have accused him of trying to quell dissent in the media. "The Vellezuelan govern- ment's politically motivated decision not to renew a telev- ision broadcasting license is a serious setback for freedom of expression in Venezuela," Human Rights Watch said in a statement. u.s. REACTION The U,S. State Depart- ment Tuesday called on the Chavez government "to reverse policies that limit freedom of expression." Student-led demonstra- tions against the RCTV clos- ing continued across more than seven cities in half-a- dozen states. In Caracas, a large group of students from various uni- versities m.arched to the ~ Knowing what time the bank closes. offices of the Organization of American States, where they handed over a letter demand- ing the right to peaceful dem- onstrations and criticizing the RCTV shutdown. Later, groups of students dashed with police in nearby streets and a cross-town highway. Police used tear-gas to disperse the crowds but there were no immediate reports of injuries. Prosecu- tors reported that five stu- dents had been detained on public order charges arising from Monday's more serious clashes between police and anti-Chavez protesters. (it: Mnhiie puts bankirlq in the palm of your hand Go to Clibank. Oni1rw and downioi3d Citi Mobi!e ami 'ioLl'H ."n,oy h'qh.1y See,Ifl?, 24/7 r~dH'me <i(:cess to your acco,-ll1ts Wh.l2'fE'lIer you qo, riG"'-t 0(1 YOiV mODiil' phone. Then just serai! through tl'>e iist 01 options to pay b,lIs, ch~ck baianc\?s. Irarr'S!H funds, and' ;O-cate br"ru:tles aru1 ATM'i. Combtr,e eit: Mob;~e w,tt"t Ctibank. Qrliine.. 19,000 let>. fc,* ATMs. <'tnd 24i7 c",stomer 'Silpport, and yOi,;',: h.(l:\{€ access to 'four Cititlank. iK(:O",rlls anytime, anywhere. CAll TO SUPPORTERS Chavez supporters also staged demonstrations back- ing the decision to close RCTV, and the president, alleging that Globovision and other media outlets were working to create chaos in the streets, called un backers during his broadcast address to prepare for the worst. ''I'm ready to die for my ~ Not caring what ti me the bank closes. em ~~1r;1. ITD ~.=.h'l s@Jl~ ~Q3G3 ~~ ~\Ef~f) ~roe:~ ...\::.:::-/ " em MOBtLE t;""~~ .~"'" j)"lilnC? ;'HVt;,ll~ fe:-,) lisl o! aL Ct; MOb;,e wi'>!Ii?'....~ p.rcllklec'S, "nd to H;'iHn m-o:-e CdP .800.967.(1':1 or visit c:ti.comfc't,moti:e. ern' let's qet it done STRfFJ PROTEST: Students march Tuesday in Caracas against Venezuelan President Hugo Chavez's decision to shut down RCTV,aTV station critical of the government ist, Chavez has sought to implement widespread polit- ical and economic rdorms since he took power in 1999. He has instituted popular medical and educational pro- grams as well pushed for- ward an ambitious and con- tentious agrarian reform. He's also nationalized parts of the utility, telecommuni- cations and energy sectors But he has encountered resistance iroro middle- and upper-class Venezuelans, media owners, senior mili- tary officials and state com- pany employees who accuse him of undermining democ- racy and imposing an author- itarian system. In 2002, a military coup ousted him for 48 hours. Pro- tests demanding Chavez return were not covered by RCTV and Globovisi6n, which instead decided to replay cooking shows and cartoons. The stations' actions earned Globovision the nickname "Golpevisi6n," - golpe is Spanish for coup - and the president's seem- ingly eternal ire. "You decide how far you want to take this," Chavez said on Tuesday to the "Gen- tlemen of Globovision," country. Are you ready?" he asked. "They've decided to come (or us with everything. We're waiting for them. In the hills, in the neighbor- hoods. People: be alert." Some, however, pleaded for calm. At the National Assembly, legislator Ismael Garcia of the pro-Chavez Podemos party called {or dia- logue. "We don't believe this is the moment to be calling people out for confrontation on the streets:' Garcia said A self-proclaimed social- FREE, confidential and unbiased counseling on Medicare and other health Insurance related concerns @ CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF APPLICATION FOR AMENDMENT TO OFFICIAL ZONING MAP Public Notice is her.eby give~ that the, City of AV6Iltura Local Planning Agency Will meet In a public hearing on Tuesday, June 12, 2007 at 6:00 p.m. to make a recommendation regarding the adoptiOll of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFfiCIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR FOUR PARCELS OF LAND LOCATED ON THE WEST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 21 $ STREET AND THE NORTH CITY LIMIT FROM MO. MEDICAL OFFICE DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PIl0VlDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. ~=-!jJ. - ~~;...~ - ..' ......................................... ...~ (;;g ~ I Immediately following the local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider at a public hearing adoption of the Ordinance on first reading. The Public Hearings will be held at City of Aventura Government Center, City Commission Chamber,19200 West Country Club Drive, Aventura, Florida, 33t80. The proposed Ordinance may be inspected by the public at the Office of .the City Clerk, 19200 West Country Club Drive, Aventura, Flonda. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need speciai accommodatioos to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose,. may need to ensure that a verbatim rec~rd of the proceedings IS made, which r~rd includes the testimony and evidence upon which tne appeal IS to be based. Teresa M. Soroka, MMC, City Clerk