01-08-2002
City r..nmmiuino
Jeffrey M. Perlow, Mayor
The City of
Aventura
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'~...,r,-..,p
City Mm_rer
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Hobberg
Patricia Rogers-Libert
City Clerk
Teresa M. Soroka, CMC
City Attornev
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
JANUARY 8,2002 - 6 PM (following LPAHearing)
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: Certificates of Appointment to Members of the
Community Services Advisory Board
6. 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 Conunission, that item must be removed from the Consent Agenda
and considered separately.
A. APPROVAL OF MINUTES:
November 6, 2001 Commission Meeting
November 27,2001 Commission Meeting
November 27,2001 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA ECONOMIC
DEVELOPMENT ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
(Approves Mayor's appointments to the Economic Development
Advisory Board)
111IIIII)' 8, 2002 CcImniIioo MeetiDg
C. MOTION TO AUTHORIZE THE CITY MANAGER TO
EXECUTE CONTRACT WITH RONALD L. BOOK FOR
SERVICES RELATING TO N.E. 199TH STREET AS OUTLINED
IN CORRESPONDENCE DATED DECEMBER 11, 2001
(Authorizes City Manager to execute agreement for services required
relating to the NE 199th Street Railroad Crossing)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED
ARTICLES OF INCORPORATION OF A VENTURA CULTURAL
CENTER FOUNDATION, INC.; AUTHORIZING THE FILING
OF THE ARTICLES OF INCORPORATION WITH THE STATE
OF FLORIDA SECRETARY OF STATE; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Approves the Articles of Incorporation for the Aventura Cultural Center
Foundation, the body established to receive private donations)
E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$87,500 FOR GAS MASK EQUIPMENT, RADIO SYSTEM
FILTERS AND ANTENNAS, AND RADIOS FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH CITY
MANAGER'S MEMORANDUM.
(Authorizes the City Manager to expend monies from the Police
Forfeiture Fund)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AMENDING RESOLUTION NO.
2001-76 WHICH APPROVED APPOINTMENT OF MEMBERS
TO THE CITY OF A VENTURA COMMUNITY SERVICES
ADVISORY BOARD BY AMENDING SECTION 2 IN ORDER TO
FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE.
(Adds Larry Orenstein to the Community Services Advisory Board)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-011 FOR PROFESSIONAL
DESIGN SERVICES FOR COUNTRY CLUB DRIVE
RESURFACING IMPROVEMENTS BY AND BETWEEN THE
CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
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JI1IIIIIy 8, 2002 (',.,,"'~ MeetiDg
(Authorizes City Manager to execute Work Authorization with City
Engineers to perform design and inspection services associated with the
Country Club Drive improvements)
H. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2000-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2000/2001 FISCAL YEAR BY REVISING THE 2000/2001 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.
(Year End Budget Amendment for Fiscal Year 2000/01)
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE
CITY OF A VENTURA BY AMENDING THE FUTURE LAND
USE MAP DESIGNATION FOR THREE (3) PARCELS
LOCATED AT 3016, 3030, AND 3205 NE 188 STREET FROM
INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY
RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
AN EFFECTIVE DATE.
B. 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 (4) PARCELS LOCATED AT 3000, 3020, 3131 AND
3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE
DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE
CITY OF A VENTURA BY AMENDING THE FUTURE LAND
USE MAP DESIGNATION FOR FOUR (4) PARCELS LOCATED
AT 3000, 3020, 3131 AND 3161 NE 188 STREET FROM
INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY
RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
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lI1IIIIIy8,2002(,,.,,,,,;,,;,,,,~
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS IN ORDER TO CREATE A NEW
MULTIFAMILY RESIDENTIAL ZONING DISTRICT
ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35)
DWELLING UNITS PER ACRE AND ACCOMPANYING SITE
DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S
LAND DEVELOPMENT REGULATIONS IN ORDER TO
PROVIDE FOR ADDITIONAL AND REVISED SITE
DEVELOPMENT STANDARDS IN THE RMF3A,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
A VENTURA BY AMENDING THE ZONING DESIGNATION
FOR ONE (1) PARCEL OF LAND LOCATED AT 2950 NE 188
STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO
RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF A VENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO (2) PARCELS OF LAND LOCATED
AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN
CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
4
111IIIII)' 8, 2002 c-m;.;.... MeetiDg
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP JANUARY 17, 2002
9AM
LOCAL PLANNING AGENCY FEBRUARY 5, 2002
6PM
COMMISSION MEETING FEBRUARY 5, 2002
(following 6 PM LP A)
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, 305-466-890 I,
not later than two days prior to such proceeding. One or more members of the City of A ventura
Advisory Boards may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Commission with respect to
any matter considered at such meeting or hearing will need a record of the proceedings and, for
such purpose, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of A ventura 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 305-466-890 I.
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MINUTES
CITY COMMISSION MEETING
NOVEMBER 6, 2001 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33160
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:54 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Patricia Rogers-Libert,
Mayor Perlow, 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:
5. SPECIAL PRESENTATIONS: (Taken out of order) Commissioner Berger
introduced the new officers of the Teen Council and their coordinators.
3. 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.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI-TENANT
CENTER SIGN GRAPHICS CRITERIA FOR SIGNAGE AT PROMENADE
SHOPS LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD
BETWEEN NE 203 STREET AND NE 207 STREET; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Cohen. Brenda Kelley, Community Development Director, explained
the request of the applicant and entered the staff report into the record. Mayor
Perlow opened the public hearing. The following individuals addressed the
Commission: Richard Allen, representing the applicant; Robert Cohn of Urban
Solutions on behalf of Shell Oil and Aventura Tire; and Jeff Kranitz, Vice President of
Aventura Tire. There being no further speakers, the public hearing was closed. The
motion passed unanimously and Resolution No. 2001-70 was adopted.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS: Mayor Perlow presented a Certificate of Appreciation
to Alfred Nesbitt for his service to the City as Special Master presiding over Code
Enforcement hearings.
6. CONSENT AGENDA: Commissioner Beskin requested removal of items 6-B, 6-C,
and 6-0. A motion to approve the remainder of the Consent Agenda was offered by
Vice Mayor Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed
and the following action was taken:
A. Minutes were approved as follows:
October 2, 2001 Commission Meeting
October 18, 2001 Workshop Meeting
E. Resolution No. 2001-71 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT
BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION
MANAGER (JAMES A. CUMMINGS, INC,) FOR THE CONSTRUCTION
OF THE COMMUNITY RECREATION CENTER PROJECT;
ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE I
AT $92,666; ESTABLISHING THE PRE-CONSTRUCTION AND
CONSTRUCTION MANAGEMENT FEE; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
F. Resolution No. 2001-72 was adopted as follows:
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-
009 FOR PROFESSIONAL DESIGN SERVICES FOR THE BISCAYNE
LAKE GARDENS AREA DRAINAGE IMPROVEMENTS PROJECT BY
AND BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON AND ASSOCIATES, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
G. The following motion was approved:
2
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $165,378
FOR RADIO SYSTEM UPGRADE, EQUIPMENT FOR COMMUNITY
ROOM, LITTLE ACORNS PROGRAMS, K-9 DOG AND EQUIPMENT,
AND MOBILE COMPUTING HARDWARE AND SOFTWARE FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM DATED OCTOBER 25, 2001.
H. Resolution No. 2001-73 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF CAP.
ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING,
PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN
REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED
SCOPE OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
I. Resolution No. 2001-74 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "HARBOUR CENTRE"
PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH Ya OF
SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion to address item 10 at this time was offered by Commissioner Cohen,
seconded by Vice Mayor Rogers-Libert and unanimously passed.
10. OTHER BUSINESS: 199th Street Railroad Crossing: Mr. Soroka advised that it
has come to the City's attention that an application may be submitted by Miami-
Dade County to Florida Department of Transportation to re-open this intersection
and requested Commission input. A motion to take immediate emergency action on
this matter was offered by Vice Mayor Rogers-Libert, seconded by Commissioner
Berger and unanimously passed. A motion was made, seconded and unanimously
passed to reaffirm Resolution No. 2001-24 and advise the Florida Department of
Transportation and Miami-Dade County that the City will take whatever action it
deems necessary, including legal action, and to preserve our rights as a municipality
6. (continued) The following items were removed from the Consent Agenda and
addressed separately:
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B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION IOF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 01-10-12-2, BISCAYNE 7 LANDSCAPING
IMPROVEMENTS, TO VILA & SON LANDSCAPING CORPORATION
AT THE BID PRICE OF $1,363,375.00. AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF
FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Grossman. The motion for approval passed
unanimously (5-0, with Commissioners Cohen and Berger absent for the
vote) and Resolution No. 2001-75 was adopted.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Grossman. Commissioner Beskin expressed
his concern as to the Mayor's nominee to this Board. A motion to table
this item to the November Workshop meeting was offered by
Commissioner Cohen, seconded by Commissioner Holzberg and passed,
4-3, with Commissioner Berger, Vice Mayor Rogers-Libert and Mayor
Perlow voting no.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and
seconded by Vice Mayor Rogers-Libert. Commissioner Beskin disclosed
his conflict of interest in that Shirlee Levin is his client and he did not vote
4
as to her appointment only. The motion for approval passed unanimously
and Resolution No. 2001-76 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDiNG THE FUTURE LAND USE MAP DESIGNATiON FOR
FOUR (4) PARCELS LOCATED AT 3000, 3020, 3131 AND 3161 NE 188
STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH
DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Holzberg and seconded by Commissioner
Beskin. Art Brenner, 210 174th Street, Sunny Isles Beach, addressed the
Commission. There being no further public input, the motion for approval
passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO
CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRiCT
ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DiSTRiCT, PERMITTING THiRTY-FIVE (35) DWELLING UNITS PER
ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS;
AMENDMENT OF THE CiTY'S LAND DEVELOPMENT REGULATIONS
IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE
DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY
MEDIUM DENSITY RESIDENTiAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Vice Mayor Rogers-Libert and seconded by Commissioner
Cohen. There being no public input, the motion for approval passed
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unanimously by roll call vote, 6-0, with Commissioner Holzberg absent
from the room for the vote.
C. Mayor Perlow left the room at this time. Mr. Wolpin announced this matter
as a quasi-judicial hearing and read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF
LAND LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN
CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL DISTRICT; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR TWO (2) PARCELS OF LAND LOCATED
AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER
MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Holzberg and seconded by Commissioner Cohen. There being no public input,
the motion for approval passed unanimously (6-0 with Mayor Perlow absent from
the room) by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3)
PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM
INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Cohen. Vice Mayor Rogers-Libert opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (6-0 with Mayor Perlow absent
from the room) and Ordinance No, 2001.16 was enacted.
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9. RESOLUTIONS: None.
Mayor Perlow returned to the room at this time.
11. PUBLIC COMMENTS: Ginger Grossman, W. Country Club Drive.
12. REPORTS: As presented.
Mayor Perlow presented the City with a U. S. flag flown over the U. S. Capitol at the
request of Senator Bob Graham.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9: 25 p.m.
Teresa M. Soroka, CMC, 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.
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FlRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITl'EE
BESKIN, JAY R. CITY OF AVENTIlRA CITY COMMISSION
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AtJTHORl'IY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF,
CITY COUNTY l!I CITY a COUNJ'Y Q OTHER LOCAL AGENCY
AVENTURA MIAMI - DADE NAME OF POLITICAL SUBDMSlON,
DATE ON WHICH VOTE OCCURRED CITY OF AVENTIlRA
MY POSITION IS,
NOVEMBER 6, 2001 lD ELECTIVE a APPOINTIVE
.wHO MUST FILE FORM 88
'Ibis form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non.advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
this fonn before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local publie office MUST ABSTAIN from voting on a measure
which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
on a measure which inures to the special gain or lOll of a principal (other than a government agencY) by whom he or she is retained
(including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or
]OS8 of a relative; or to the special private gain or 1088 of a business associate. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357. F .8., and officers ofindependent special tax districts elected on a one-acre, one-vote basis are not pro-
hibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, IOn, daughter, husband, wife, brother, sister, father-
in-law, mother-in-law, son-in-law, and daughter-in-law. A ~usine88 associate- means any person or entity engaged in or carrying on
a busineu enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described shove, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
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APPOINTED OFFICERS:
You must abotain from voting and disclose the conflict in the situations described shove and in the manner described for elected offi-
cers. In order to participate in these matters, you must disclose the nature oftlie conflict before making any attempt to influence the
decis:ion, whether orally or in writing and whether made by you or at your direction. .
IF YOU INTEND TO MAKE ANY ATl'EMPl' TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT wmCH THE
VOTE WlLL BE TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
" A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO A'ITEMPT TO INFLUENCE THE DECISION EXCEPl' BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure befo.... participating.
. You must complete the form and file it within 15 clays after the vote occurs with the person responsible for recording the
minute. of the meeting, who muat incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of'the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Jay R. Beskin
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. hereby disclose that on
November 6, 2001
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(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loos;
inured to the special gain or loos of'my busineu associate,
inured to the special gain or loos ofmy relative,
inured to the special gain or 1088 of'
whom I am retained; or
inured to the special gain or 1088 of
is the parent organization or subeipiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
.by
. which
Agenda Item 6-D - Appointment of Shirlee Levin to Community Services Advisory Board
Shirlee Levin is my client
11-2-1- 01
Date Filed
n
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES U12.317, A FAILURE TO MA]{E ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - REV. 1/95
PAGE 2
~
.
MINUTES
CITY COMMISSION MEETING
NOVEMBER 27,2001 9 AM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m.
by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R.
Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Patricia
Rogers-Libert, Mayor Perlow, 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. PROJECT SUMMARY: Mr. Soroka reviewed the Legislative Funding Request
Proposals for 2002.
3. PUBLIC INPUT: None.
4. MOTION TO ADOPT: Commission requested amending title to request for
funding for Emergency Operations Center at Aventura Government Center to
include Security Provisions. A motion to adopt the Legislative Funding Request
Proposals for 2002, as amended, was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Holzberg. The motion passed unanimously.
5. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 9:08 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2001.
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.
~
.
MINUTES
COMMISSION WORKSHOP MEETING
NOVEMBER 27, 2001 9 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
The meeting was called to order at 9:09 a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry
Holzberg, Vice Mayor Patricia Rogers-Libert, Mayor Perlow, 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. ECONOMIC DEVELOPMENT ADVISORY BOARD APPLICANTS: Commission
discussed Resolution appointing members to this Board deferred from November
Commission meeting and specifically the appointment of Don Soffer.
CITY MANAGER SUMMARY: Resolution to be addressed again at January
Commission meeting.
2. AVENTURA CULTURAL CENTER FOUNDATION: Mr. Soroka provided revised
Articles of Incorporation and Commission discussed feasibility of proceeding with
this project in light of the current economy.
CITY MANAGER'S SUMMARY: Consensus to proceed with incorporation. Articles
to be amended to include non-discrimination clause; delete provision that chair is
CEO; provide for one-year terms for all members; said funds to be deposited in bank
of City's discretion; amend article 6.4 to provide funds raised and/or pledged.; add
provision that City Commission may provide for dissolution should it deem so
appropriate. Approval of Articles of Incorporation to be addressed at January 2002
Commission meeting. At January 2002 Workshop meeting, Commission to seek
recommendations from fund raising experts prior to fundraising.
3. RENAMING WATERWAYS PARK (Commissioner Beskin): Commissioner Beskin
suggested renaming Waterways Park to Aristides de Sousa Mendes Park.
CITY MANAGER'S SUMMARY: Consensus to discuss further at a 2002 spring
Workshop.
4. TEEN COUNCIL (Commissioner Cohen): Commissioner Cohen suggested that
membership of Teen Council be open to students from other schools in addition to
Krop High School, that members be residents of Aventura and that this program be
conducted as part of the Community Services Advisory Board.
CITY MANAGER'S SUMMARY: City Manager to send letter to other schools
servicing this area, public and private, inviting those students to participate and
determine their desire to attend.
5. NEWSPAPER RACKS (Commissioner Cohen): Commissioner Cohen suggested
uniformity in newspaper racks at 5 boxes per rack.
CITY MANAGER'S SUMMARY: City Manager to research costs and report back to
Commission. City Attorney to determine City's authority to regulate private
newspaper racks.
6. PARLIAMENTARY RULES FOR WORKSHOP: (Commissioner Berger):
Commissioner Berger suggested that additional parliamentary rules be established
so as to shorten the length of Workshop Meetings, Le. comments be short, relevant,
in order, and Commissioners eliminate side conversations among themselves. Vice
Mayor Rogers-Libert suggested that a back-up memo be included with all agenda
items so that Commissioners may be prepared for discussion prior to the meeting.
CITY MANAGER'S SUMMARY: Mayor suggested that all agenda items include
back-up information. No consensus on further action.
7. LOBBYIST SERVICES FOR 199TH STREET (Commissioner Beskin): Following
discussion at November Commission meeting, City Manager requested direction
from the Commission as to lobbyist services for this matter.
CITY MANAGER'S SUMMARY: Consensus to immediately direct City's Lobbyist,
Ron Book, to monitor this matter and act in the City's behalf. City Manager to
discuss scope of services and costs with Mr. Book. Formal proposal between City
and Mr. Book to be addressed at January 2002 Commission meeting.
8. NE 188TH STREET RESIDENTIAL DESIGN REGULATIONS: In accordance with
Commission's request at November Commission meeting, Community Development
Director Brenda Kelley discussed architectural designs in the City and made
recommendations for Commission consideration.
CITY MANAGER'S SUMMARY: No action necessary - consensus to proceed as
is.
Mr. Soroka discussed the selection of the Miami-Dade County Fire Chief by the
Miami-Dade Fire Board and the City's input for recommendation as requested by
Fire Commissioner Teresa Everett. Consensus to recommend Charles Lanza as
Fire Chief.
Mayor Perlow noted that Stephanie Trump has submitted her resignation as a
member of the Community Services Advisory Board and that it was consensus of
the Commission at the October Workshop meeting that Larry Orenstein be
appointed should there be a vacancy. Resolution formalizing appointment to be
addressed at next Commission meeting.
Mayor Perlow advised Commission of correspondence he received from the Florida
Small Business Development Center regarding the American Small Business
Emergency Relief and Recovery Act of 2001 subsequent to events of September
11 th and requested that the City Manager notify local businesses of the availability of
such assistance.
2
ADJOURNMENT: There being no further business to come before the Commission at
is time, after motion made. seconded and unanimously passed, the meeting adjourned
at 12:55 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
.2001.
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.
3
January 8, 2002 City Commission Meeting
Agenda Item 6-B
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA ECONOMIC DEVELOPMENT ADVISORY
BOARD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-151 of the Aventura City Code provides for the creation of
the Economic Development Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Economic Development Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Economic Development
Advisory Board for a term of one year:
Elaine Adler
Sam Blasi
Harry Gampel
William Koppel
Russell Rice
Don Soffer
Dr. Barry Silverman
Section 2. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Economic Development
Advisory Board for a term of two years:
Arthur Barr
Paula Berliner
Joni Braunstein
Resolution No. 2002-_
Page 2
Len Brenner
Davide Carbone
Ray Leightman
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 8th day of January, 2002.
JEFFREY M. PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
December 17, 200
Ih treet Matter
TO:
City Commission
FROM:
Eric M. Soroka, City
SUBJECT: Ron Book. Contract for
January 8, 2002 City Commission Meeting Agenda Item .k..:{;,
As per the City Commission's direction at the November Workshop Meeting, attached is
a proposed contract for services relating to the 1991h Street matter.
If this meets with the City Commission's approval, the following motion should be
adopted:
"A motion to authorize the City Manager to execute the contract with Ron
Book for services relating to N.E. 1991h Street as outlined in the letter
dated December 11, 2001."
If you have any questions, please free to contact me.
EMS/aca
Attachment
CC01031-01
II
Ronald l. Book, P. R
~---_._...._~~-
InlU OHICU
PROm!IOnnl nllO(lnTlOn
December 11, 2001
Mr. Eric Soroka, City Manager
City of A ventura
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
RE: Contract for 199th Street Matter
Dear Eric:
Thank you for the opportunity to be separately retained on the 199th Street local
govemment matter on behalf of the City of A ventura and its citizens. We will certainly
work aggressively to maintain the confidence that has again been placed in us to achieve
the goals of the City.
On the matter offees, I suggest that an up front retainer of $7500.00 would be
appropriate. If the matter extends beyond six months, an additional $7500 will then be
due for that period, as well as any additional successive six-month periods..
if this meets with the City's approval.
fl,
/Ronald 1. Book
I
;1 RLB:drb
Eric Soroka
City Manager
DEe 11t 2001
OFFICE OF THE
C'ITV"A',I/l~F:P
(oncorde (enter /-/999 nonhedill91ltreet, P" 6 - nventord, floridd 11180 -Ielephooe (lOj) 9jj-1866 - fdX (jOj) 9Jj-91J7
-~---
101 [dlt(olle!envPflue, luite jo/.ldlldhdllee, floriddj/lOl' (8jo)II\-/8j9
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, City
DATE:
December 10,200
SUBJECT: Resolution Approving Article f Incorporation of Aventura Center
Foundation, Inc.
January 8, 2002 City Commission Meeting Agenda Item ~
As requested at the November Workshop Meeting, attached is the subject document
incorporating the revisions proposed by the City Commission.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01026-01
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED ARTICLES OF INCORPORATION OF
AVENTURA CULTURAL CENTER FOUNDATION, INC.;
AUTHORIZING THE FILING OF THE ARTICLES OF
INCORPORATION WITH THE STATE OF FLORIDA
SECRETARY OF STATE; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is authorized to execute the attached Articles
of Incorporation of Aventura Cultural Center Foundation, Inc., as hereby approved by
the City Commission.
Section 2.
The City Manager is authorized to cause these Articles of
Incorporation to be filed with the State of Florida Secretary of State.
Section 3.
The City Manager is further authorized to do all things
necessary 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 Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 8th day of January, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
ATTORNEYS AT LAW
DOUGL.AS R. GONZALES
JOHN R. HERIN, JR.
CHRISTOPHER F. KURTZ
PETER A. LICHTMAN
KAREN LIEBERMAN.
MATTHEW H. MANOEL.
BERNARO S. MANDL.ER-
ALEXANDER L. PALENZUELA-MAURI
ANTHONY L. RECIO
GARY I. RESNICK-
DANA S. SCHWARTZ
GAIL O. SEROTA*
ARI C. SHAPIRO
JEFFREY P. SHEFFEL.
FRANCINE THOMAS STEEL.MAN
SUSAN L. TREVARTHEN
CARMEN I. TUGENOER
DANIEL. A. WEISS.
MITCHELL A. BIERMAN
NINA L. BONISKE
JAMIE AL.AN COL.E
EDWARD G. GUEOES
STEPHEN J. HELFMAN
GIL.BERTO PASTOR1ZA
JOSEPH H. SEROTA
NANCY E. STROUD
RICHARD JAY WEISS
DAVID M. WOL.PIN
STEVEN W. ZEL.KOWITZ
MIAMI-DADE OFFICE
2665 SOUTH BAYSHORE DRIVE
SU ITE 420
MIAMI, FLORIDA 33133
THOMAS J. ANSBRO.
LIL.LIAN ARANGO DE LA HOZ.
ALiSON S. BIEL.ER
MITCHEL.L. J. BURNSTEIN
EL.AINE M. COHEN
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
WWW.WSH-FLALAW.COM
.ROWARD OFFICE
3107 STIRLING ROAD, SUITE 300
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE (954) 763-4242 . TELECOPIER (954) 764-7770
.OF COUNSEL
December 5, 2001
Mr. Eric M. Soroka
City Manager
City of A ventura
19200 West Country Club Drive
A ventura, FL 33180
RE: Aventura Cultural Center Foundation, Inc.
Dear Mr. Soroka:
Enclosed please find for your review the revised Articles of Incorporation of A ventura
Cultural Center Foundation, Inc. If the Articles are acceptable, please place this item on the
City Commission's January agenda.
Should you have any questions or comments concerning the foregoing, please do not
hesitate to contact me.
~YO:'
-~ --- -----
----'-
_/ Dana J. Schindler
DSS/mc
328.001
Enclosure
DEe 0 6 2001
OFFICE OF THE
ell" ~tA.NAGER
ARTICLES OF INCORPORATION
OF
AVENTURA CULTURAL CENTER FOUNDATION, INC.
The undersigned incorporator, desiring to form a not-for-profit corporation under the
provisions of Chapter 617 of the laws of the State of Florida, does hereby establish the following
Articles of Incorporation (the" Articles "):
ARTICLE I
Name and Princival Address
The name of this corporation shall be A VENTURA CULTURAL CENTER
FOUNDATION, INC. (the "Corporation"), and its principal office is located at c/o Mr. Eric M.
Soroka, City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, Florida
33180.
ARTICLE II
Seal and COlllorate Nature
The seal of this Corporation shall contain the words "A ventura Cultural Center Foundation,
Inc., a corporation not-for-profit." This is a Florida non-profit corporation pursuant to Chapter
617, Florida Statutes, the Florida Not For Profit Corporation Act, as amended.
ARTICLE III
Term and Commencement
The Corporation shall have perpetual existence unless dissolved in accordance with these
Articles and applicable law. Corporate existence shall commence with the filing of these Articles
with the Secretary of State of Florida.
ARTICLE IV
Purpose
This Corporation is organized and shall operate exclusively for educational, cultural and
charitable purposes as evidenced by conducting or supporting activities for the benefit of or to carry
out the purposes of the A ventura Cultural Center Foundation, Inc., but limited in all events to
exempt purposes described in Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended;
I
and this Corporation may engage in only such activities permitted under the laws of the State of
Florida and the United States of America as shall constitute activities in furtherance of such exempt
purposes. The Corporation is a non-profit corporation organized to provide a broad source of
community support for the Cultural Center (the "Center"). No part of the assets or the net earnings
of the Corporation shall be distributed to any officer, director, member or any private person.
ARTICLE V
Functions. Powers and Restrictions
5. L Functions:
It is expected that the Corporation will provide fundraising activities for the Center. The
site on which the Center is located and the Center itself will be owned by the City of A ventura, a
Florida municipal corporation (the "City"). The Corporation shall be responsible for raising funds
for various purposes and those other duties as may be established from time to time by the City
Commission.
5.2. Powers:
The Corporation may exercise all powers granted to a not-for-profit corporation under the
laws of the State of Florida. These powers include, but are not limited to:
a. To use the proceeds of donations, grants or other funding in the exercise of its powers
and purposes; and
b. To do any and all lawful acts and things which may be necessary, useful or proper for
the furtherance or attainment of all of the purposes or powers of the Corporation;
provided, however, that the Corporation may not exercise any power in such a manner
as would disqualify the Corporation for exemption from income tax under Section
501(c)(3) of the Internal Revenue Code, as amended, or the corresponding provision of
any future United States Internal Revenue Law.
5.3. Restrictions:
Notwithstanding any other provisions of these Articles of Incorporation or the Bylaws of the
Corporation, the Corporation shall be restricted as follows:
a. No part of the net earnings of the Corporation shall inure to the benefit of any director,
officer or other associate or representative of the Corporation or any private individual
(except that reasonable compensation may be paid for services rendered to or for the
Corporation in effecting one or more of its purposes), and no director, officer or private
individual shall be entitled to share the distribution of the Corporation's assets upon
2
dissolution of the Corporation;
b. The Corporation shall not carryon any other activities not permitted to be undertaken
by: (i) a corporation exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code, as amended, or the corresponding provisions of any future
United States Internal Revenue Law, or (ii) a corporation to which contributions are
deductible under Section 170(c)(2) of the Internal Revenue Code, as amended, or the
corresponding provisions of any future United States Internal Revenue Law;
c. The Corporation shall not, except to an insubstantial degree, engage in any activities or
exercise any powers that are not in furtherance of the purposes of this Corporation; and
d. The Corporation shall not be operated for profit.
ARTICLE VI
Board of Directors
The Board of Directors is responsible for the direction and control of all matters pertaining
to the Corporation. In addition to the fundraising activities, the Board of Directors may have an
advisory role as to programming pursuant to procedures and duties established from time to time by
the City Commission.
6.1. Members of Board of Directors:
The affairs of the Corporation shall be managed by the Board of Directors, all of whom
shall serve without compensation. There shall initially be twenty-five (25) Directors; at all
times there shall be no less than twenty-one (21) nor more than thirty-one (31) Directors. A
majority of the Directors must be residents of the City of A ventura.
6.2. Election and Terms of Directors:
Directors shall be divided into two groups which are as near in number as possible and
which shall be organized so that the terms of all Directors in each group shall expire
simultaneously.
The number of Directors shall be fixed at each annual meeting but shall not be reduced
in such manner as to affect the existing term of any Director and may be increased as
described herein. The number so fixed may be increased or decreased (subject to approval of
the City Commission) within the limits specified in Section 6.1 at any regular meeting of the
Board of Directors or at any special meeting of the Board of Directors called for that purpose,
provided that any Directors to be elected by virtue of such increase may be assigned to existing
groups so that the number of Directors in each class shall be as nearly equal as may be.
3
6.3. Appointment of Directors:
Subject to the provisions contained herein, the City Commission shall initially nominate
fourteen (14) members of the Board of Directors and the remaining eleven (11) members of
the Board of Directors shall be selected by applications submitted to the City Manager. All
appointments shall be made by the Mayor, subject to approval by the City Commission.
6.4. Qualifications of Directors
It is essential to the Corporation that at least Eight Million Dollars ($8,000,000.00) be
raised or pledged for the Cultural Center. As such, the members of the Board of Directors are
encouraged to devote time, professional knowledge, personal influence, personal resources
and/or a combination thereof to attain the goals of the Corporation and shall be selected by
reason of their abilities to do the following:
a. To provide and secure financial support for the activities of the Corporation. The
skills and/or resources of the Directors are vital to the financial well-being of the
Corporation. Also, Directors, because they have great standing in the community,
can greatly influence individuals, corporations, foundations and government
agencies to provide financial support.
b. To volunteer their specialized business expertise, advice and guidance to working
committees when needed.
c. To spearhead and to reinforce all community and public relations work of the
Corporation.
6.5. Term of Directors:
Each of the Directors shall serve for a term of one (1) year. All Directors shall be
permitted to serve unlimited terms. The Chairman and Vice Chairman shall be permitted to
serve one full term in such capacity.
6.6. Filling of Vacancies:
Upon the occurrence of any vacancies of a Director, the City Mayor, with the
affirmative vote of the City Commission, shall designate a replacement to fill such vacancy.
Each person selected to fill such vacancy shall hold office for the unexpired term of his/her
predecessor in office.
4
6.7. Resignations:
Any Director may resign from his/her office at any time by delivering his/her
resignation in writing to the Corporation, and the acceptance of such resignation, unless
required by the terms thereof, shall not be necessary to make such resignation effective.
6.8. Removal of Directors:
Any Director may be removed by the affirmative vote of the City Commission,
provided such Director has been given prior notice that the subject of his/her removal will be
presented to the City Commission at a duly noticed meeting.
ARTICLE VII
Meet;""" of Board of Directors
7.1. Meetings of Board of Directors:
Every meeting of persons who are Directors of the Corporation at which there is a
quorum shall be a meeting of the Board of Directors, and except as otherwise provided herein,
any action taken at such meeting shall be the action of the Board of Directors in so far as such
action is authorized by law.
7.2. Minutes:
Action taken at meetings of the Board of Directors shall be recorded in minutes. Such
minutes need not distinguish between the different types of meetings in which action is taken.
7.3. Annual Meeting:
The Annual Meeting for the election of officers and for the transaction of such other
business as may properly come before the Directors shall be held on such day in the month of
Mayor June in each year at such time and place as the Board of Directors shall determine and
specify in the notice of meeting.
7.4. Regular Meetings:
Regular meetings, at which any action taken shall be action only of the Board of
Directors, shall be held on such days, times, and places as the Board of Directors shall
determine.
5
7.5. Special Meetings:
Special meetings shall be called at any time by the Secretary, upon the request of the
Chairman or upon the written demand, of any three Directors.
7.6. Time and Place of Meetings:
All meetings shall be held at such time and place within the City of Aventura as may
from time to time be fixed by the Board of Directors or, in the case of regular meetings, as
may be fixed by the Chairman or the Secretary and, in the case of annual meetings and special
meetings, as may be designated in the respective notices or waivers of notice thereof.
7.7. Waiver of Notice:
No notice of the time, place or purpose of any meeting of the Corporation or of any
meeting of the Board of Directors, or any publication thereof, whether prescribed by law, or
by these Articles of Incorporation, need be given to any person who attends such meeting, or
who, in writing, executed either before or after the holding thereof, waives such notice and
such attendance or waiver shall be deemed equivalent to notice.
7.8. Quorum and Voting:
A majority of the Directors shall constitute a quorum for the transaction of business by
the Directors, and whenever any corporate action is to be taken by vote of the Directors, it
shall, except as otherwise required herein or by law, be authorized by a majority of the votes
cast at a meeting of Directors. Except as otherwise provided by law or by these Articles of
Incorporation, the affirmative vote of at least thirteen (13) Directors shall be the act of the
Board, and in the absence of a quorum, the Board shall take an adjournment until a quorum
shall be present.
Subject to compliance with the provisions of the Florida Government in the Sunshine
Law which would apply to a government agency, anyone or more Directors may participate in
a meeting of the Board by means of conference telephone or similar communications
equipment allowing all persons participating in a meeting to hear each other at the same time.
7.9. Presumption of Assent:
No Director may abstain from voting except for an asserted conflict of interest, which
must be stated on the record. A Director who is present at a meeting of the Board of Directors
at which action on any corporate matter is taken shall be presumed to have assented to the
action taken unless he/she votes against such action or abstains from voting because of an
asserted conflict of interest.
6
7.10. Attendance Requirements:
The Secretary shall maintain a record of attendance of the Directors at the regularly
scheduled Board meetings. At any time the Secretary finds that a Director has failed to attend
three (3) consecutive regularly scheduled meetings or half of all regular meetings in a twelve-
month period (a Director shall be deemed absent for this purpose if he or she is not present for
at least three-quarters of the meeting), the Secretary shall so advise the Chairman and the
Board. The Directors (other than the member reported for such failure to attend meetings) may
remove such non-attending member from the Board by the affirmative vote of a majority of all
such Directors other than the non-attending member.
7.11. Financial Disclosure:
Directors shall file the same Florida Financial Disclosure Statements required of
municipal officers.
7.12. The Sunshine Law:
The Board of Directors shall comply with Florida Government in the Sunshine Law in
the conduct of all its meetings to the same extent as if it were an elected body.
7.13. Public Records Act:
The Corporation shall comply with Florida Public Records Act as if it were a
governmental agency.
ARTICLE vm
Election of Officers
8.1. Election of Officers:
At the first meeting and at each annual meeting of the Board of Directors, the Board of
Directors shall elect a Chair, Vice Chair, Secretary and a Treasurer, all of whom shall be
Directors. The Board may also appoint one or more Assistant Secretaries and Assistant
Treasurers, who need not be Directors. Officers of the Corporation shall serve without
compensation. An Officer which has been bestowed an office by the Board may be removed
from office by the affirmative vote of the Board, provided such Officer has been given the
right to a hearing prior to his/her removal from office.
7
8.2. Duties of Officers:
a. Chair:
The Chair shall preside at all meetings of members and the Board of Directors. The
Chair shall have such other duties as may be fixed by the Board of Directors.
b. Vice Chair:
The Vice Chair shall have such duties as may be fixed by the Board of Directors. In
the Chair's absence, the Vice Chair shall preside at meetings of members and the Board of
Directors.
c. Secretary:
The Secretary shall keep a record in permanent form of all meetings of the Board and
shall send out notices of all meetings of the Board of Directors. In the Chair and Vice Chair's
absence, the Secretary shall preside at meetings of members and the Board of Directors.
d. Treasurer:
The Treasurer shall have the responsibility for the custody and investment of all funds
and assets of the Corporation and shall hold and disburse them in accordance with the
instructions of the Board of Directors. Handling of funds shall be subject to fiscal controls
required by the City Manager. The Treasurer shall insure that all monies belonging to the
Corporation are deposited in such banks as the City Commission shall designate, said monies
to be deposited to the account of the A ventura Cultural Center Foundation, Inc. The Treasurer
shall insure that true books of accounts are kept and shall make such reports as are required by
the Board or the Chairman. Said books shall at all times be open to inspection by any of the
Directors. The Treasurer shall be bonded. The Treasurer shall serve as Chairman of the
Finance Committee, if any. In the event the Chair, Vice Chair and Secretary's absence, the
Treasurer shall preside at meetings of members and the Board of Directors.
ARTICLE IX
Miscellaneous Provisions
9.1. Staff Functions:
Staff shall perform the day-to-day operations of the Corporation and such duties and
personnel shall be pursuant to a plan provided by the City Manager and approved by the City
Commission.
8
9.2. Startup Costs:
The City shall initially grant to the Corporation an amount not to exceed Ten Thousand
and NollOO Dollars ($10,000.00) to be used for the initial startup costs of the Corporation.
9.3. Execution of Corporate Instruments:
The Board of Directors may designate the officers and agents who shall have authority
to execute any instrument on behalf of the Corporation. When the execution of any contract,
conveyance or other instrument arises in the ordinary course of the Corporations activities, or
has been authorized without specification of the executing officers, any two of the officers may
execute the same in the name and behalf of the Corporation and may affix the corporate seal
thereto. No person holding more than one office shall execute, acknowledge or verify an
instrument in more than one capacity.
9.4. Depositories:
All monies, securities and other valuables of the Corporation shall be deposited in the
name of the Corporation in such banks, trust companies, or corporate safe deposit vaults as the
Board of Directors from time to time shall designate for such purposes, and shall be
withdrawable only by check or orders signed by the personal signature of such officers or
agents as may be designated from time to time by the Board of Directors. At least two
signatures shall be required on all such checks or orders.
9.5. Indemnification of Officers and Directors:
Each person who acts as a Director or Officer of the Corporation shall be indemnified
by the Corporation against any costs and expenses which may be imposed upon or reasonably
incurred by him/her in connection with any action, suit or proceeding in which he/she may be
named as a party defendant by reason of his/her being or having been such Director or
Officer, or by reason of any action alleged to have been taken or omitted by him/her in either
such capacity; provided however, that the Corporation shall not indemnify any such person
against any costs or expenses imposed upon or incurred by him/her in relation to matters as to
which he/she shall be finally adjudged to be liable to the Corporation for negligence,
misconduct or any other cause, or for any sum paid by him to the Corporation in settlement of
an action, suit or proceeding based on his/her alleged dereliction of duty. This right of
indemnification shall inure to each Director and Officer whether or not he/she is such Director
or Officer at the time such costs or expenses are imposed or incurred, and whether or not the
claim asserted against him/her is based on matters which antedate the adoption of these
Articles of Incorporation; and in the event of his/her death shall extend to his/her legal
representatives. Each person who shall act as Director or Officer shall he deemed to be doing
so in reliance upon such right of indemnification; and such right shall not be exclusive of any
other right which he/she may have. The Corporation shall have power to purchase and
9
maintain insurance to indemnify the Corporation and its Directors and Officers to the full
extent such insurance is permitted by law.
9.6. Parliamentary Authority:
Roberts Rules of Order Revised shall govern the proceedings of the Corporation,
including its Board and Committees, to the extent applicable and consistent with these Articles
of Incorporation and any Bylaws.
9.7. Corporate Records:
Corporate records shall be available for open review according to federal and state
regulations. Such records shall be located in Aventura and shall remain in the custody of the
Secretary of the Board. The location of the records shall be specified to the City Clerk and the
City Clerk shall be provided access to the records at all times.
9.8. Fiscal Year:
The fiscal year of the Corporation shall be October 1 through September 30 of each
year.
9.9. No Discrimination
The Corporation shall not adopt any measure or policy or otherwise discriminate
against any person due to race, religion, color, national origin, physical or mental disability,
creed, sexual preference or sex.
ARTICLE X
Amendment Of Articles Of Incomoration
Subject to the approval of the City Commission, the Articles of Incorporation of this
Corporation may, in any particular, be repealed, and new Articles of Incorporation, not
inconsistent with any provision of law, may be adopted, either by the affirmative vote of two-
thirds of the voting members of the Corporation present at a duly-noticed annual or special
meeting of the members at which a quorum is in attendance, or by the affirmative vote of two-
thirds of the Directors, provided, however, that the Directors shall neither make nor alter any
article regarding their qualifications, classifications, or term of office, nor relating to the
requirements of a quorum for any meeting of the members of the Corporation, and that at least
ten (10) days notice of such proposed amendment shall have been furnished to all of the
Directors. Any proposed amendment(s) must be approved by a majority of the City
Commissioners before becoming effective.
10
ARTICLE XI
Dissolution
Upon dissolution, all of the Corporation's assets remaining after payment of all costs
and expenses of such dissolution shall be distributed to the City Commission. Thereafter, the
City Commission shall distribute the assets to the donors pursuant to a formula set forth by the
City Commission if the Cultural Center is not developed. All unexpended funds given by
donations shall be subject to all costs and expenses for the operations of the Corporation. The
City Commission may provide for dissolution of the Corporation.
ARTICLE xn
Headin2S and Caotions
The headings or captions of the various articles contained herein are inserted for
convenience only and none shall have any force or effect, and the interpretation of the various
articles shall not be influenced by any of said headings or captions.
ARTICLE XIII
Initial Relristered Office and Relristered Allent
The street address of the initial registered office of the Corporation shall be c/o Eric M. Soroka,
19200 West Country Club Drive, Aventura, Florida 33180, and the initial registered agent of
this Corporation at such office shall be Mr. Eric M. Soroka, who upon accepting this
designation agrees to comply with the provisions of Sections 48.091, 617.023, 607.0501 and
607.0502, Florida Statutes, as amended from time to time, with respect to keeping an office
open for service of process.
ARTICLE XIV
Incoroorator
The name and address of the incorporator of the Corporation is as follows:
Mr. Eric M. Soroka
City Manager
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
11
IN WITNESS WHEREOF, 1, the undersigned incorporator, have executed these Articles
of Incorporation this day of , 2001.
ERIC M. SOROKA
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared ERIC M. SOROKA, to me
known to be the person who executed the foregoing Articles of Incorporation, and he
acknowledged before me that he executed the same for the purposes therein mentioned and set
forth. He [X] is personally known to me or [ ] provided as identification.
of
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this
, 2001.
day
Signature of Notary
Name of Notary:
My Commission Expires:
(NOTARY SEAL)
12
CERTIFICATE DESIGNATING PLACE OF BUSINESS FOR
THE SERVICE OF PROCESS WITHIN FLORIDA AND
AGENT UPON WHOM PROCESS MAYBE SERVED
In compliance with Sections 48.091 and 617.0502, Florida Statutes, the following IS
submitted:
Aventura Cultural Center Foundation, Inc., (the "Corporation"), desiring to organize as a
Florida corporation not-for-profit, has named and designated Eric M. Soroka, City Manager of the
City of A ventura, as its Registered Agent to accept service of process within the State of Florida
with its registered office located at 19200 West Country Club Drive, Aventura, Florida 33180.
ACKNOWLEDGMENT
Having been named as Registered Agent for the Corporation at the place designated in this
Certificate, I hereby agree to act in this capacity; and I am familiar with and accept the obligations
of Section 617.0503, Florida Statutes, as the same may apply to the Corporation; and I further
agree to comply with the provisions of Section 48.091, Florida Statutes, and all other statutes, all as
the same apply to the Corporation relating to the proper and complete performance of my duties as
Registered Agent.
Dated this _ day of
, 2001.
REGISTERED AGENT:
ERIC M. SOROKA
F:IJ28001\DowmaJlS\AVENTIlRA CULTURAL crN1ER ARTICLES OF INCORPORATION lo.-18.{JI.doc
13
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Disbursement of Police Forfeiture Funds
January 8, 2002 City Commission Meeting Agenda Item "E
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 $87,500 for gas mask
equipment, radio system filters and antennas, and radios from the
Police Forfeiture Fund in accordance with the City Manager's
memorandum.
Backaround
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. Gas masks and related equipment $20,000
2. Radio system filters and antennas $12,500
3. Hand-held radios and related equipment $55,000
If you have any questions, please feel free to contact me.
EMS/tms
Attachment
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
FROM:
TO:
DATE:
December 27,2001
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 Council approval for the expenditure of:
Avon FM-12 gas masks and related equipment
$20,000
$12,500
$55,000
$87,500
800 Mhz radio system filters and antennas
800 Mhz handheld radios and related equipment
Total Expenditure Request:
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.
Avon FM-12 Gas Masks - Currently all officers have been issued military
surplus gas masks. This request will furnish each officer a new military grade,
and NIOSH rated, gas mask along with an NBC (Nuclear, Biological, Chemical)
filter.
800 Mhz Cone Filters and Antennas - These cone filters and antennas will
enhance the current 800 Mhz system by "filtering" out ambient cell phone radio
waves. These ambient cell phone radio waves may interfere will our systems
ability to receive radio traffic from officers; the cone filters and antennas will
eliminate this interference.
800 Mhz Handheld Radios and Eauipment - The new radios, models Jaguar
and Panther, are the next generation GE radios that are compatible with our
system. These new radios have more features, and some newer features, than
the current radios.
January 8. 2002 City Commission Meeting
Agenda Item 6-F
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AMENDING
RESOLUTION NO. 2001-76 WHICH APPROVED
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD
BY AMENDING SECTION 2 IN ORDER TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board; and
WHEREAS, there presently exists a vacancy in the thirteen-member Board due
to the resignation of Stephanie Trump; and
WHEREAS, this Commission wishes to promptly fill that vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of Larry Orenstein to serve as a member of the Community Services Advisory
Board to fill the vacancy created by the resignation of Stephanie Trump.
Section 2. Section 2 of Resolution No. 2001-76 is hereby amended to read as
follows:
The City Commission hereby approves the appointment by
the Mayor of the following individuals to serve as members
Resolution No. 2002-_
Page 2
of the Community Services Advisory Board for a term of two
years:
Deborah Carr
Ted Cohen
Manuel Grife
Larrv Orenstein
Phillip Sturtz
StephaRie TFl,lmp
Madeline 2em
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 8th day of January, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
SUBJECT: Recommendation - Work Authorization No. 01-0103-011
Professional Design Services for Country Club Drive Resurfacing
Improvements
TO: City Commission
FROM: Eric M. Soroka, City
DATE: December 18, 2001
January 8, 2002 City Commission Meeting Agenda Item 1.0 - G
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Work Authorization No.01-0103-011 to Craven Thompson and Associates, Inc. for
Professional Design Services for Country Club Drive Resurfacing Improvements. This
project is included in the Capital Improvements Program for the 2001/02 fiscal year.
The total fee is $98,100.
Backaround
The project is to be designed in accordance with the City's Capital Improvement
Program approved by the City Commission. The cost includes services pertaining to
civil design, permitting, bidding, and construction inspection. The proposed budget is
$800,000.
If you have any questions or need any additional information, please feel free to
contact me.
Attachment
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-011 FOR PROFESSIONAL
DESIGN SERVICES FOR COUNTRY CLUB DRIVE
RESURFACING IMPROVEMENTS BY AND BETWEEN
THE CITY OF AVENTURA AND CRAVEN THOMPSON
AND ASSOCIATES, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-011 ($98.100.00) for professional design services by
and between the City and Craven Thompson and Associates, Inc.
Section 2. 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
, who
moved its adoption. The motion was seconded by Commissioner
and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 8th day of January, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-011
The City of Aventura has requested Work Authorization No. 01-0103-011 as provided for in the
Agreement between the City of A ventura and Craven Thompson and Associates, Inc. and
approved by the City Commission on July 3, 2001.
This Work Authorization No 01-0103-011 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 he in accordance with Article 5 of the Agreement.
Design Phase
Survey (utilize previously prepared topo) .......................................................................N.C.
Prepare Design Drawings ..................................................................................... $43,200.00
Miscellaneous Coordination................................................................................... $3,500.00
Project Management.......................................................................................... ..... $7.800.00
Total Design Phase 1 .......................................................................................... $54,500.00
Permitting Phase
Prepare and Process Permits................................................................................... $1,000.00
Miscellaneous Coordination ................................................................................... $1.000.00
Total Permitting Pbase......................................................................................... $2,000.00
Construction Phase
Periodic Site Visits (based on 120 day const) ........................................................$33,500.00
Shop Drawing Review.............................................................................................. $1,500.00
Project Closeout Documentation.............................................................................. $1.500.00
Total Construction Pbase..................................................................................... $36,500.00
Reimbursable Exoenses
Printing, Graphics, Communications ....................................................................... $2,500.00
Geotechnical............... .................... .......................................................................... $1 ,600.00
Couriers, Express Mail, Etc. ..................................................................................... $1.000.00
Total Reimbursable Expenses ............................................................................... $5,100.00
Total Estimated Labor Expenses are ...................................................................... $93,000.00
Total Estimated Reimbursable Expenses are............................................................$5,100.00
The time period for this work authorization will be:
Design Phase ..............................................................90 Days
Permitting Phase.........................................................90 Days
Construction Services Phase (estimate).................... 120 Days
CITY:
ATTEST
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
BY
City Clerk
City Manager
Teresa M. Soroka. CMC
Eric M. Soroka
day of
,2002
APPROVED AS TO FORM
BY
Notice to Proceed Yes
No
City Attorney
Weiss Serota & Helfman, P.A.
Project Initiation Date
RECOMMENDED through its
Capital Projects Manager
BY
Capital Projects Manager
Antonio F. Tomei
day of
,2002
EXHIBIT "A"
Consultant shall prepare curb replacement, roadway resurfacing and pavement marking drawings
for the City to facilitate the improvements of Country Club Drive. This estimate is based on
utilizing the topographic survey for Country Club Drive as prepared by the City's previous
engineering consultant. Consultant will more specifically perform the following:
. Prepare curb replacement, roadway resurfacing and pavement marking plans.
. Prepare Engineers Cost Estimate for the proposed improvements.
. Prepare and submit construction permit applications.
. Process permit applications through agencies.
. Prepare technical specification for the inclusion into the City's Bid package.
. Miscellaneous coordination with agencies, franchise utilities, and/or City.
. Provide limited, daily construction Inspector for prep work and full-time Inspector for
critical elements to assure conformance with specifications and drawings. Field
observation time is based on 52 days of prep work at 4 hrs/day and 31 days of critical
element work at 8 hrs/day plus 6 hrs/week of engineering office time.
CITY OF A VENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM:
BY: ort Services Director
DATE: January 2,2002
SUBJECT: End of Year Budget Amending Ordinance
1st Reading January 8,2002 City Commission Meeting Agenda Item----k..ll
2nd Reading February 5, 2002 City Commission Meeting Agenda Item _
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2000/2001 budget.
Backaround
As you are aware, we are in the process of closing the books for the 2000/2001 fiscal
year. We are now to the point where we can formally amend the budget so that the
adopted budget contains appropriations sufficient to cover all actual expenditures. The
process is called the end of year "clean up" amendment and is done as a matter of
course each year.
General Fund
For the City Commission, the salary of the Mayor and Commissioners were increased
by the Charter amendment in May, 2001. Since this required a charter amendment, it
was not anticipated when the budget was prepared.
For the City Managers office, there are several areas requiring amendments. The
salary and retirement line items need amendment because the salary increase and
merit bonus granted the Manager by the City Commission was greater than was
anticipated in the budget. The budget also did not include funding for the School
Advisory consultant costs.
For Legal, the major areas where expenditures were more than anticipated was for
Leibowitz and Associates for cable TV matters and to Weiss Serrota et al for the
Mutchnik property matter.
Page (2)
Memorandum to City Commission
Resolution Adopting End of
Year Budget Amendment
For the City Clerk Department, two primary areas require amendment. First, amounts
budgeted for salary and merit bonus were less than was granted by the City
Commission. Second, the costs of the charter amendment election in May was never
included in the budget.
For the Police Department, the total budget is over by approximately $50,000. The
primary contributing factor was the rent and utilities for the Police Station being charged
for the first six months of the year when the budget anticipated a move to the
Government Center prior to October 1, 2001. The actual cost of these items was more
than $75,000 but underexpenditures in other accounts offset approximately $25,000 of
the overexpenditure in this line item.
For the Community Development Department, an increase of $925,000 is required due
to the very high level of building activity during the year. This is more than offset by
additional revenue for building permits ($1,225,000) and development review fees
($35,000).
For Community Services, the flooding which occurred in October 2000 resulted in over
$270,000 of repair costs to City medians and swales. A portion of this cost ($53,551)
was reimbursed by FEMA. The Cultural Center Feasibility Study was not budgeted and
$9,800 was expended. Street Lights expenditures were higher than budgeted due to
FPL increases as well as adding new areas to our street lighting program. Water
expenditures were higher due to water surcharges due to the draught. Special events
costs were also higher than was anticipated when the budget was prepared.
For Non-Departmental, total expenditures were approximately $40,000 greater than
budgeted. This was the result of the delay in moving to the Government Center. Actual
rent expenses were $96,000 for the first six months of the fiscal year but the majority of
these costs were offset by other Government Center costs which were avoided for the
same time-period (Le. Janitorial Services).
The total of the above accounts is $1,466,900. The revenue amount included in the
budget amendment is only the amount necessary to offset the overexpenditure. Since
actual total revenues, including carryover from the 2000 fiscal year was more than
$2,000,000 greater than was budgeted, this amendment will not negatively impact
future years' budgets or Capital programs.
Page (3)
Memorandum to City Commission
Resolution Adopting End of
Year Budget Amendment
Police Capital Outlay Impact Fee Fund
This fund requires amendment to add $83,000 in expenditures. This amount should
have been included in the budget re-appropriations ordinance which was brought to the
City Commission in January, 2001. In error, I failed to include this in the re-
appropriation ordinance. Since actual fund balance at 9/30/00 offset the appropriation,
this also will not negatively affect future budgets or capital programs.
Capital Construction Fund
The budget requires an amendment to inject $243,000 of interest earnings into the fund.
The additional interest was due to delays in payments to the contractor resulting from
the building being completed later than projected.
Overall
I recommend that the City Commission approve the end of year amending ordinance.
HMKlmn
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2000-25, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2000/2001 FISCAL YEAR BY REVISING THE
2000/2001 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 2000/2001 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. 2000-25, which Ordinance adopted a budget for the 2000/2001 fiscal
year, by revising the 2000/2001 budget as set forth on the attached Exhibit "A", which
exhibit is deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2002-_
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 8th day of January, 2002.
2
Ordinance No. 2002-_
Page 3
PASSED AND ADOPTED on second reading this 5th day of February, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
3
Exhibit A
General Fund - 001
REVENUES
LIce.... & Pwmlta
3221000 BuIlding P8rm1ls
3312810
33<13801
746,000
1,221,'"
1,171,888
SUBTOTAL
':~:ii::::ii:::ii~_i::iii:i:ii!:!:i:~iii!i!i!iii~~_i!ji:Wi!i!iii'i~i!i'i!iWi1,ti,Mii
l-..ovemm_ Rev_
FI!MAR__
WAAP004Gntnt
1lI,aI1
103,808
1lI,aI1
103,808
SUBTOTAL
!i..i!iiiHWiH!i!i!if.i!iiiii!ii[!i![!i!i!i,i!iii!iii!i!i:i~Hi!iii:i!ii[iHi'iiiiHii::i!:~!i!M~!i
C_ for Servl_
3421000 !lev....,...... RevIeW F_
30,000
35,100
65,100
ii~!i!i:i!iii!ii[ii:_:i!H:i![ii!i!i:"ii!i!i:[!iiiWii~~~iHii::i!ii[:!!~U:i'i:i,i!H:~,~::
F_.nd ForIllIlu_
31141000 VIoIeIlan of Load 0rdI_
1,000
...,475
51,475
ii..i:i!HiH:i:i!W~Mi![i[:i:i:i!i:i:i..i!i!i!H!i!i![ii~iji:i![:i:i:[:i![!i"i[Wii,!,!i::!im~'!
Total Amendment Revenues
!i~iHii!i!i~.Mii
EXPENDITURES
1210
2101
1201
2201
3147
3170
4710
...15
3120
CItv Comm....on
Comm_nS_
Wo..-. Comp
Subtotal
$ H,OOO 10,000 35,000
1,188 110O 3,781
....'.,.,.,.,.,...,.'..."'.....,.,.,.,.,.,.'!!'. ....,...,.,.,."'.lIljliiiliW'."'.j.".,.,.'.."",.,,'.'. .,. '"ii'!"'-!P'
ilJl:HH~iJPritl'""l!1:iljH:!:lijll.:iWilj!!lilii!r!;'~'l'I~~:jr1;jHiliit!:1:!t!:j:1i1iji1j[1jiHT'J~i!
CItvM_
s....... & W_
RelI_
School Advlllory
Lobbrlst Serv_
NeuJIll.~. COlt
Web Peoe M8I_
8_
217,081
4,222
11,000 308,081
2,000 S,222
20,800 20,110O
34,000 3,110O 37,110O
34,000 3,000 37,000
2,110O 2,000 ~IIOO
"..i'i'i',ii'iii'i....ii!Miii"",""ii',iii..!ii'i'i'i"i;;ii!ii*Ji~! i jii;;if;iiiii;;;;i*i'ii,iiiiii'i"'i.~j,.j ,113"
i;l....i"..'l.:.:.lil'r.l1':t~iIilIi. 'i'l:O:,I.: i',.....iiMI"..l~i. 1..:. "~.'.';'~';';';'!'!';':.;';.;';';::'!!..: i ~'j
!dI!I
Legal....
8ubtallll
201,000 32,400 237,400
......,..........,.........~......n.!rr.,.... .t
~'!\i:li;1mjHl i!i:jJJilijilijl1, j!!i!llinJ1Hl!1 ' .;::!nHnr!jln]l!lnj!;!:H!~;in~_n
General Fund - 001 (Continued)
EXPENDITURES (Continued)
1201
2101
2201
4740
<1111
oM01
3101
3180
31M
3<110
4311
~
<11IO
_1
CIIY Clerk
_ & WlIlIM
FICA T_
--
OnIlnance CodlftcatJOn
EkM:1Ion I!xpeneM
S_
Public s..r.tv1Pol1ce
0IIIce S..... ~
s_
CommunItY o.vtlloament:
BulIdlng IllllpeeliOn ..",_
_Ional Serv.other
Subtotal
Comm_ .1_
CUltunlI ~ _11lr Study
S-... M..n1.
UlIHtJes.S_ Llgh\s
UlII~
SPlICl8l Ev_
Subtotal
Non DeD_b..1IntI1
0IIIce s....,. ~
Subtotal
Total Amendment-Expendlturu
10,103 4,800 14,703
l.m 400 7,293
10,192 200 10,52
3,000 2,000 s.oOO
2$,000 14,100 38,100
J""i"i'-"':"i"""~'.il"'li"'i'i""..r..'.'.!.!..'.l.G....~.w...i.j."'i.... . """""""i"j"'!"""""'-""".e" ..... 'j-
ll. :j:j;;l!:l:l[1[:. , 'J.'fII!III':iiliiHWiW;!l, ljiil!!Jii:!:1j:!' ,H;i!l;i!:[l:lnj. nn;Hl;:lW~J .' . lj
,
o 10,000 10,000
[i;i'il(TiJ'ij:'~~'i'i':::'FiTi'!I"~"Ti'('i'i'i""""'i'.i
:i.i:i:l:::;::::l!:!:::l:!!t:l:!l!I!:::!I!liiPi:! :-I:l:!:!,!:1:!:1 1:;:1:!1!:1:!:!:1.!:1:!1!:!:1:!:!:!. .1:
510,000 880,000 1,480.000
25,000 35,000 80,000
~'l'm'l,l,;i~!~liliiii'liiil!i,ll'u[ilil'jiilMii:nii%n'in,;niiiH,~~"i,
8,800 8,800
100,000 270,000 370,000
70,000 11,000 85,000
130,000 20,000 110,000
10,000 30,000 80,000
ii~iiii'lii'l~i..ilj:Uii':ilijiililWl'M~,UL;'*"iiHiiiiH~,j
o 40,000 40,000
i~iiil,],m'li[,iii1i'li~IHiHI,m~mijii~)llilliiIH,H!i.,lHij,:Pinj1i,~1i1i1i,!1i'iH,~ij
j].i!l\l!]ljil_fi~1
Pollee Ca ital Outlay Impact Fee Fund. 140
REVENUES
Non_en...
3tHOOO c.nyover
114,0119
n.ooo
177,011
SUBTOTAl
ii~iiiiiHijii!iii_ii
ij~!ii!!mlmm!!_jj
ii~i!iiiiiHiiii'~~3ij
Total Amendment Revenu..
!i.i!i!i!i!i!i!i!i!iMi!
EXPENDITURES
8407
Public _ o.-bOMt
RadIo~& ReplKe.
100,530
83,000
183,530
Su_
!i~i!i!i!i!i!i!i!i~~W!!
!!~!mi!jiiji!!lmMl~
ji~j!i!ii'!i!Hi~_i!
Total Amendment expenditures
!i~i!j!!!i!i!i!i!!!i~@i!
REVENUES
Noft..R8venue
.11000 I_onlnv_._
30,000
ZQ,000
273,000
SUBTOTAl
i~"1jmj!jm!~ji11_ji
ii.iii!i!i!i!!iH;.~ii
i!..ii!j!jiiijiiji~ii
Total Amendment Revenu..
ii.!imi!i!i!i!i!~!i
EXPENDITURES
8201
Non DeIwtm.......
Government c..- BulIdIng
4,181,Mt
243,000
4,104.144
S..-
ji;j;HHH!:H!~~"'.;>ji
."'",.,..,.,..i!'!'t'lt~"
......."".......
.,.*..,.,.,."".,.,.,~......,.......,.
'I ,',',', ','.',' .'
11.,.!!i!ii!1ii!l1il.,:.....l..'j
i!..!i!i!iiiiii~8.W:!
Total Amendment Expenditures
i!.H!!i!i!i!i!i!.~!!
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
BY:
SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the
land use designation of three adjacent parcels on NE 188 Street totaling 2.85
acres from Industrial and Office to Medium High Density Residential.
(03-CPA-01 - Small Scale Amendment)
January 8, 2002 Local Planning Agency Agenda Item
January 8, 2002 City Commission Meeting Agenda Item ...1..A:...
February 5, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve the small scale Comprehensive
Plan amendment to change the land use designation of three adjacent parcels on NE 188
Street totaling 2.85 acres from Industrial and Office to Medium High Density Residential;
and 2) approve the transmittal of the amendment to the Florida Department of Community
Affairs.
THE REQUEST
City staff is requesting a small scale Comprehensive Plan amendment to change the land
use designation of three adjacent parcels on NE 188 Street totaling 2.85 acres from
Industrial and Office to Medium High Density Residential to facilitate a rezoning of the
parcels from TC2 (Town Center Marine District) to RMF3B (Multifamily Medium Density
Residential District).
BACKGROUND
OWNER OF PROPERTIES:
3016 NE 188 Street
3030 NE 188 Street
3205 NE 188 Street
28-2203-000-0391 AGX Realty Inc.
28-2203-000-0380 AGX Realty Inc.
28-2203-000-0330 Bernd Schneider
NAME OF APPLICANT
LOCATION OF PROPERTY
City of Aventura
See Exhibit "A" for location map and Exhibit #2 for
aerial photo
SIZE OF PROPERTIES
Approximately 2.85 acres
DESCRIPTION /BACKGROUND
This past year, the City Commission has held planning and visioning sessions to discuss
future development possibilities on NE 188 Street (Thunder Alley), The City's consultants,
Wallace Roberts & Todd also attended these sessions to discuss overall recommendations
for Thunder Alley as it relates to future development of the Town Center, mixed-use
development on the Loehmann's site. Staff and the City Commission have discussed the
overall uses of the two areas and how the two areas would link and function as separate
mixed-use developments or a continuation of one mixed-use development. During these
meetings, staff has recommended that the City Commission consider the following:
1. Is there a market for the overall proposed retail and office proposed in the City's
Land Development Regulations for the existing TC1 and TC2 districts?; and
2. The overall creation of mixed-use development on the Loehmann's site and
extending down NE 188 Street (disrupted continuation because of the Harbour
Center development and the self-storage facility) may be spreading the retail and
office uses over such a large land mass (approximately 1325 linear feet on both
sides of the street) that there was a concern that the commercial uses on NE 188
Street may struggle due to the removal of this area from the overall "downtown"
developed on the Loehmann's site; and
3. A higher density residential component may be required on the Loehmann's site,
than previously suggested by staff, so as to help support the large amount of
commercial uses in this area; and
4. Office and retail uses on the waterfront may not be the highest and best use of this
presently underutilized land; and
5. Property owners in the area were inclined to sell their properties to prospective
developers. Interest has been continually expressed to the property owners by
residential developers for multi-family development. This supports infill
development guidelines in an area designated as a transportation concurrency
exception area.
2
Because of these considerations and recommendations, and following discussion by the
Commission, staff was instructed to proceed with a phased comprehensive plan
amendment and eventual rezoning of some parcels on NE 188 Street to permit residential
development that will support and enhance prospective future development of a mixed-
use, town center in the Loehmann's area.
The existing uses on these parcels include existing marine industry facilities; a vacant lot
where employees of the marine industry uses park their vehicles; and a concrete
manufacturing facility. These present uses, while not entirely water-dependent or water-
related, are private businesses that do not provide general access to the public of the
water and/or views.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Industrial and Office
Town Center
Medium High Density Residential
Business and Office
Industrial and Office
TC2, Town Center Marine District
RMF3, Multi-Family Medium Density Residential District
RMF3, Multi-Family Medium Density Residential District
OP, Office Park District
TC2, Town Center Marine District
marine industry
residential
residential
marine industry and vacant lot
marine industry
Access - Access to each parcel is from NE 188 Street. Access easements are presently
in place.
Conformity to City Comprehensive Plan - The amendment is consistent with policies in
the Future Land Use, Transportation and Coastal and Conservation elements of the City's
Comprehensive Plan. More specifically:
3
Future Land Use Element
Policv 8.2 Applications to amend the City's Future Land Use Plan map shall be
evaluated to consider consistency with the Goa/s, Objectives and Policies of all
Elements, other timely issues, and in particular the extent to which the proposal, jf
approved, would:
1. Satisfy a deficiency in the Plan map to accommodate projected
population or economic growth of the City;
Recent population figures provide information that the City is continuing to
grow and the median age is growing younger. With this growth in population,
the need for housing grows. Previous discussions by the City Commission
addressed concerns that there may not be a need, and the local economy
may not be able to support, the commercial (retail and office) and marine
industry uses presently permitted in the subject property area.
2. Enhance or impede provision of services at adopted LOS Standards;
Traffic - The traffic generation table provided later in this report supports the
proposed amendment in that a decreased projected vehicle trips per day
enhances the provision of traffic services.
Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Mass Transit - A bus transit facility is located at Aventura Mall,
approximately % mile from the subject properties. The proposed residential
development will be required to provide pedestrian linkage to or transit
service facilities that are safe and convenient to transit users.
Parks and Recreation - The City presently exceeds LOS standards for park
space. Additionally, the subject properties are within walking distance of
both Founder's Park and the City's proposed Community Recreation Facility,
a public property obtained after the adoption of the City's Comprehensive
Plan.
Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial
uses plus 25 dwelling units per acre as existing permitted use is substantially
4
decreased with the proposed amendment. Therefore, provision of services
will be enhanced.
Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses plus
25 dwelling units per acre as existing permitted use is substantially
decreased with the proposed amendment. Therefore, provision of services
will be enhanced.
3. Be compatible with abutting and nearby land uses and protect the
character of established neighborhoods; and
The proposed amendment is compatible with abutting and nearby land uses
and, not only protects, but is anticipated to enhance the character of the
neighborhood.
4. Enhance or degrade environmental or historical resources, features or
systems of significance.
The proposed amendment will enhance the environmental systems in that
the proposed residential uses will provide access for residents of the City to
existing waterfront properties through view corridors, living units and/or
pedestrian promenades along the water.
Policv 8.3 The City shall strive to accommodate residential development in suitable
locations and densities which reflect such factors as recent trends in location and
design of residential units; projected availability of service and infrastructure
capacity; proximity and accessibility to employment, commercial and cultural
centers; character of existing adjacent or surrounding neighborhoods; avoidance of
natural resource degradation; maintenance of quality of life and creation of
amenities.
The proposed amendment will accommodate residential development in suitable
locations and densities along the waterfront; projected availability of service and
infrastructure capacity; proximity and accessibility to employment, commercial and
cultural centers; character of existing adjacent or surrounding neighborhoods;
avoidance of natural resource degradation; maintenance of quality of life and
creation of amenities.
Policv 10.1 A ventura shall facilitate redevelopment of substandard or
underdeveloped areas, high intensity activity centers, mass transit supportive
development and mixed use projects to promote energy conservation.
The proposed amendment will facilitate redevelopment of substandard or
underdeveloped areas and permitted mixed-use development.
5
Policv 12. 1 All proposed Comprehensive Plan amendments that increase density
(population) shall be required to submit, at the time of application, an analysis of
the impacts of the proposed amendment upon the evacuation routes and
evacuation times as included within the South Florida Regional Hurricane
Evacuation Study, April, 1996, or as may be amended from time to time.
Policv 12.2 The City shall not approve any Comprehensive Plan amendment that
increases density (population) and results in evacuation times exceeding 12 hours.
Address Lot Size Increase in Population Overall Increase
Density Factor in Population
3016 NE 188 St 0.645 ac 1 0 du/ac 1.64 11
3030 NE 188 St 0.645 ac 10 du/ac 1.64 11
3205 NE 188 St 1.56 ac 10 du/ac 1.64 26
Totals 2.85 ac 29 48
The South Florida Regional Planning Council prepared an analysis of the impacts
of the proposed amendment upon the evacuation routes and evacuation times
using the 1996 South Florida Hurricane Evacuation Study Model. It was
determined that the maximum increase in dwelling units resulting from the
proposed amendment would be 29 and the resulting change in clearance is quite
insignificant, a one (1) minute increase. That clearance time increases the present
11 .39 hours to 11.41 hours.
Transportation Element
Policv 1.5 The City will develop transportation management strategies, such as
(but not limited to) traffic calming techniques and neighborhood design concepts to
improve efficiency and enhance the safety of the pedestrian, bicycles and transit
riders within the context of an integrated multi-modal transportation system.
The proposed amendment, and associated rezoning and street improvements, will
provide for a safer roadway in that pedestrian traffic and vehicle traffic will be
separated through the construction of sidewalks, which do not presently exist. The
neighborhood design concepts will provide pedestrian promenades along the
water, thereby further separating pedestrian traffic from vehicle traffic. The
proposed residential development will be required to provide pedestrian linkage to
or transit service facilities that are safe and convenient to transit users.
Policv 4.3 Transit service shall be linked to major trip attractors and generators and
the transportation disadvantaged. Transit service shall be located such that they
are safe and convenient to transit users.
The proposed amendment will allow for redevelopment of residential uses adjacent
to an area which allows for mixed-use development. Any new residential
6
development will be required to provide pedestrian linkage to or transit service
facilities that are safe and convenient to transit users.
Policv 4.4 Transit service will be located in areas which the future land use map will
support transit service, such as town center, transit terminals, commercial areas
and higher density residential areas.
The proposed amendment will allow for redevelopment of residential uses adjacent
to the town center area. Any new residential development will be required to
provide pedestrian linkage to or transit service facilities that are safe and
convenient to transit users.
Policv 4.6 Sidewalks shall link residential development to transit stops and
shelters.
NE 188 Street is presently a two-lane, non-sidewalked, dead-end street. The City
is presently proceeding with the development of a 23,000 SF community
recreational facility on the north side of the east end of the street, and street
improvements that will provide sidewalks. Presently there is no public
transportation provided on this street, nor is there adequate pedestrian
accessibility. The community recreational facility and the town center area will be
providing transit stops and shelter. The proposed amendment will allow for
redevelopment of residential uses adjacent to the town center area and the City's
community recreational facility. Any new residential development will be required
to provide pedestrian linkage to or transit service facilities through the use of
sidewalks andlor waterfront promenades.
Conservation and Coastal Management Element
Policv 9.2 The City shall maintain the adopted levels of service on the local
roadways based on the future land use plan to achieve a reasonable evacuation
time.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the
provision of transportation (traffic) services, thereby maintaining the adopted levels
of service on local roadways to achieve a reasonable evacuation time.
Policv 12.1 Shoreline uses within Aventura shall be prioritized according to the
following order:
1. Conservation uses
2. Water-dependent uses
3. Water-related uses
4. Uses not dependent or related to shoreline access
7
In the priority listing shown above, the City presently owns a three (3) acre site, and
is in the process of constructing a community recreational facility at the tip of NE
188 Street, directly on the water. This facility is scheduled to open in late 2002.
This facility will not only provide access to the water by all residents of the City, but
will also provide open spacelpassive areas on the site. This use will conserve the
site for use by the general public. Furthermore, the City is in the process of
obtaining, adjacent to the community recreation facility site, a three (3) acre parcel
in order to construct a much needed charter elementary school. This facility is
scheduled to open for the school session in 2003. These two (2) facilities will
operate as joint-use facilities and together will provide access to the
shoreline/waterfront to all residents of the City.
In the backup information for the City's adopted comprehensive plan, the water-
dependent and water-related uses were identified as the seven (7) marine
industrylmarinas on NE 188 Street and NE 185 Street. However, as the City
Commission is aware, these property owners are marketing their properties for sale.
Staff discussions with the present marine use tenants andlor property owners
included discussions that it was hard to operate their businesses with residential
uses across the canals because of the noise and smells; many of the industry
businesses do not depend on the water because they trailer their boats to other
areas to put them in the water, if required. Therefore, what the Commission
originally wished to preserve as water-dependent or water-related uses may not be
realistic as evidenced by the present owners' desires to sell and move.
Furthermore, the present uses on the site restrict access and views of the
shorelinelwaterfront to the residents of the City since they are private, industrial type
uses, restricting access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
Policv 12.4 Amendments to the Future Land Use Plan Map shall not reduce the
proportion of shoreline properties dedicated to water-dependent uses or reduce the
access of water-dependent uses to such properties.
The present uses on the site restrict access and views of the shorelinelwaterfront to
the residents of the City since they are private, industrial type uses, restricting
access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
8
Policy 12.5 Amendment to the Future Land Use Plan Map shall not reduce the
proporlion of shoreline properlies dedicated to water related uses or reduce the
access of water-related uses to such properlies.
The present uses on the site restrict access and views of the shorelinelwaterfront to
the residents of the City since they are private, industrial type uses, restricting
access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
Policy 12.6 New multi-family residential development, contiguous to the shoreline,
shall be water dependent, water related, or at a minimum shall include
environmentally compatible shoreline access facilities such as walkways, piers, and
viewing areas with landscaping grouped or spaced for views of and from the water.
The proposed amendment will require that residential redevelopment provide view
corridors to the water and pedestrian walkwayslpromenades along the waterfront.
Furthermore, as an extension of the town center, and as support to the City's
community recreational facility, which facility will provide walkways, piers and
viewing areas, pedestrian walkways and linkage of uses through the multi-family
residential districts will be required.
Traffic Generation - The City's traffic engineers have prepared traffic generation
information relative to existing counts, previous approved uses, existing permitted uses
and the proposed amendment. The following information is calculated according to the
general land area as specified in each table. Proposed trips generated by the elementary
school and community recreation facility are also provided.
NE 188 Street Generation
Existin Tri s
AM Peak
PM Peak
130
142
Zoning Category
Vehicle Trips per Day
10,743
44,675
4,290
9
Total 6.03 acres Vehicle Trips AM Peak PM Peak
(Comm. Rec. Facility and per Day
Charter Elem. school sites)
Community Recreation Facility 1,102 204 196
and Charter Elementarv School
IU-2 (MDC industrial zonina) 3,667 484 516
OP and CF existina Citv zoning 3,848 584 485
Part of the Larger Plan - As previously discussed in this report, the City Commission has
reviewed the overall concept and future of this area of the City, including the Loehmann's
area, the City's proposed Community Recreation Facility and adjacent school site, and all
surrounding properties. The City Commission has determined that the proposed
residential uses are an integral part in providing support and vitality to the proposed mixed-
use, town center development to the west of NE 188 Street. The City's consultants
advised that the existing zoning on these properties (TC-2) provided for retail and office
uses that may not have been economically feasible and, in fact, may have spread these
commercial uses into areas that could not support their intensity and location.
School - The City is proceeding with the construction of a charter elementary school on
the north side of NE 188 Street, east of the proposed amendments area. The proposed
residential uses on this street and the growing number of school age children in the City
support the need for an elementary school and actually provide much more compatible
uses for the school versus the existing commercial, manufacturing and marine uses
presently allowed on the street. Furthermore, the anticipated decrease in traffic generation
through reduced vehicle trips per day provides for much more compatible uses and
significant impact on increased traffic safety on the street.
Conformity to City Land Development Regulations - The proposed amendment will
facilitate a proposed rezoning from TC2, Town Center Marine District to RMF3B
(Multifamily Medium Density Residential District).
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
Istaff reportsJ03-CPA-01 comp plan SCD3
10
11
N
EXHIBIT "A"
.IS..
~ .
...-
"".
ORDINANCE NO. 2002 -_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THREE (3)
PARCELS LOCATED AT 3016, 3030, AND 3205 NE 188
STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM
HIGH DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the
subject property Industrial and Office, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, City staff is requesting a small scale Comprehensive Plan
amendment, through Application No. 03-CPA-01, to change the land use designation of
three adjacent parcels on NE 188 Street totaling 2.85 acres from Industrial and Office to
Medium High Density Residential; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the future land use map designation on the subject properties from Industrial
and Office to Medium High Density Residential; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan to the extent the
application is granted herein; and
Ordinance No. 2002-_
Page 2
WHEREAS, this residential land use small scale amendment meets the
residential density criteria pursuant to Chapter 163.3187(c)(1 )(f) Fla. Stat.; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. PurDose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2, Amendment of Future Land Use MaD Desianation. The future
land use map designations of three (3) parcels totaling approximately 2.85 acres
located at 3016 NE 188 Street (Folio Number 28-2203-000-0391) and 3030 NE 188
Street (Folio Number 28-2203-000-0380) and 3205 NE 188 Street (Folio Number 28-
2203-000-0330) (see Exhibit "A" for property locations) are hereby changed from
Industrial and Office to Medium High Density Residential.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Ordinance No. 2002-_
Page 3
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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:
Ordinance No. 2002-_
Page 4
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED on first reading this 8th day of January, 2002.
PASSED AND ADOPTED on second reading this 5th day of February, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
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3205
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EXHIBIT "A"
CITY OF A VENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
BY:
SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending
the zoning designation for four adjacent parcels on NE 188 Street totaling
7.19 acres from TC2, Town Center Marine Distridto RMF3B, Multifamily
Medium Density Residential District. (02-REZ-01)
January 8, 2002 Local Planning Agency Agenda Item
January 8, 2002 City Commission Meeting Agenda Item ~
February 5, 2002 City Commission Meeting Agenda Item
BECOMMI;NDATION
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
adjacent parcels on NE 188 Street totaling 7.19 acres from TC2, Town Center Marine
District to RMF3B, Multifamily Medium Density Residential District.
THE REQUEST
City staff is requesting an amendment of the Official Zoning Map of the City of Aventura
by amending the zoning designation for four adjacent parcels on NE 188 Street totaling
7.19 acres from TC2, Town Center Marine District to RMF3B, Multifamily Medium
Density Residential District
BACKGROUND
OWNER OF PROPERTIES:
3000 NE 188 Street
3020 NE 188 Street
28-2203-000-0390 Racing Properties Ltd.
28-2203-000-0410 188 Street Realty Inc
3131 NE 188 Street
3161 NE 188 Street
28-2203-000-0297 Racing Properties Ltd.
28-2203-000-0010 Racing Properties Ltd.
NAME OF APPLICANT
City of Aventura
LOCA liON OF PROPERTY
See Exhibit.. f\' for location map and Exhibit #2
for aerial photo
SIZE OF PROPERTIES
Approximately 7.19 acres
DESCRIPTION IBACKGROUND
This past year, the City Commission has held planning and visioning sessions to
discuss future development possibilities on NE 188 Street (Thunder Alley). The City's
consultants, Wallace Roberts & Todd also attended these sessions to discuss overall
recommendations for Thunder Alley as it relates to future development of the Town
Center, mixed-use development on the Loehmann's site. Staff and the City
Commission have discussed the overall uses of the two areas and how the two areas
would link and function as separate mixed-use developments or a continuation of one
mixed-use development. During the meetings, staff has recommended that the City
Commission consider the following:
1. Is there a market for the overall proposed retail and office proposed in the City's
Land Development Regulations for the existing TC 1 and TC2 districts?; and
2. The overall creation of mixed-use development on the Loehmann's site and
extending down NE 188 Street (disrupted continuation because of the Harbour
Center development and the self-storage facility) may be spreading the retail
and office uses over such a large land mass (approximately 1325 linear feet on
both sides of the street) that there was a concem that the commercial uses on
NE 188 Street may struggle due to the removal of this area from the overall
"downtown" developed on the Loehmann's site; and
3. A higher density residential component may be required on the Loehmann's site,
than previously suggested by staff, so as to help support the large amount of
commercial uses in this area; and
4. Office and retail uses on the waterfront may not be the highest and best use of
this presently underutilized land; and
5. Property owners in the area were inclined to sell their properties to prospective
developers. Interest has been continually expressed to the property owners by
residential developers for multi-family development. This supports infill
development guidelines in an area designated as a transportation concurrency
exception area.
Because of these considerations and recommendations, and following discussion by
the Commission, staff was instructed to proceed with a comprehensive plan
amendment and eventual rezoning of some parcels on NE 188 Street to permit
residential development that will support and enhance prospective future development
of a mixed-use, town center in the Loehmann's area.
2
The existing uses on these parcels include existing marine industry and boat storage
facilities; a vacant building, sometimes used for boat storage; and a vacant lot with two
existing small, vacant, abandoned structures. The present uses, while not entirely
water-dependent or water-related, are private businesses that do not provide general
access to the public of the water andlor views.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
District
Properties to the South:
District
District
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Industrial and Office
Town Center
Medium High Density Residential
Industrial and Office
Medium High Density Residential
TC2, Town Center Marine District
RMF3, Multi-Family Medium Density Residential
RMF3, Multi-Family Medium Density Residential
RMF3A, Multifamily Medium Density Residential
TC2, Town Center Marine District
TC2, Town Center Marine District
vacant lot, marine industry, concrete manufacturing
residential
residential
marine industry
marine industry, vacant buildings
Access - Access to each parcel is from NE 188 Street. Access easements are
presently in place.
Conformity to City Comprehensive Plan - The proposed amendment is conditioned
on a Comprehensive Plan amendment to change the land use designation of four
adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to
Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town
Center Marine District) to RMF3B (Multifamily Medium Density Residential District).
3
Standards for reviewing proposed amendments to the Official Zoning Map:
1. The proposed amendment is consistent with goals, objectives and policies of the
City's Comprehensive Plan.
The proposed amendment will be consistent with goals, objectives and policies of
the City's Comprehensive Plan provided the City Commission approves an
amendment to the land use designations for these parcels from Industrial and Office
to Medium High Density Residential.
2. 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.
3. The subject property is 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. There are sites available in other areas currently zoned for such use.
There are sites available in other areas currently proposed to be rezoned for the
RMF3B uses, however, the rezoning of the sites to RMF3B is conditioned on the
City Commission's approval to amend the Land Development Regulations to create
this new zoning district.
5. If applicable, the proposed change will contribute to redevelopment of an area in
accordance with an approved redevelopment plan.
As discussed during planning and visioning sessions, as referenced in this report,
the proposed change will contribute to redevelopment of an area in accordance with
a redevelopment plan.
6. The proposed change would adversely affect traffic patterns or congestion.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the
provision of traffic services.
7. 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.
4
Address Lot Size Increase in Population Overall
Density Factor Increase in
Population
3000 NE 188 St 1 .126 ac 10 dulac 1.64 18
3020 NE 188 St 2.63 ac 10 dulac 1.64 43
3131 NE 188 St 2.18 ac 10 du/ac 1.64 36
3161 NE 188 St 1 .25 ac 10 dulac 1.64 20
Totals 7.19 ac 71 117
As shown on the above table, the proposed change has a minimal affect on
population density and actually decreases the demand for water, sewers, streets,
and other public facilities and services compared to the presently permitted uses.
1. Whether the proposed change would have an adverse environmental impact on the
vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
2. Whether the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole.
Traffic Generation - The City's traffic engineers have prepared traffic generation
information relative to existing counts, previous approved uses, existing permitted uses
and the proposed amendment. The following information is calculated according to the
general land area as specified in each table. Proposed trips generated by the
elementary school and community recreation facility are also provided.
NE 188 Street Generation
Existin Tri s
AM Peak
PM Peak
130
142
Zoning Category
Vehicle Trips per Day
10,743
44,675
4,290
5
Total 6.03 acres Vehicle Trips AM Peak PM Peak
(Comm. Rec. Facility and per Day
Charter Elem. school sites)
Community Recreation Facility 1,102 204 196
and Charter Elementary School
IU-2 (MDC industrial zonina) 3,667 484 516
OP and CF existina Citv zonina 3,848 584 485
Part of the Larger Plan - As previously discussed in this report, the City Commission
has reviewed the overall concept and future of this area of the City, including the
Loehmann's area, the City's proposed Community Recreation Facility and adjacent
school site, and all surrounding properties. The City Commission has determined that
the proposed residential uses are an integral part in providing support and vitality to the
proposed mixed-use, town center development to the west of NE 188 Street. It was
determined by the City's consultants that the existing zoning on these properties (TC-2)
provided for retail and office uses that may not have been economically feasible, and in
fact, may have spread these commercial uses into areas that could not support the
intensity and location.
School _ The City is proceeding with construction and management of a charter
elementary school on the north side of NE 188 Street, east of the proposed
amendments area. The proposed residential uses on this street support the need for
an elementary school and actually provide much more compatible uses for the school
versus the existing commercial and marine uses presently allowed on the street.
Furthermore, the anticipated decrease in traffic generation through reduced vehicle
trips per day provides for much more compatible uses and significant impact on
increased traffic safety on the street.
Istaff reportsl01-REZ.Q1 rezoning NE 188 St SeD1
6
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EXHIBIT" A"
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ORDINANCE NO. 2002-_
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 (4) PARCELS LOCATED AT
3000, 3020, 3131 AND 3161 NE 188 STREET FROM TC2,
TOWN CENTER MARINE DISTRICT TO RMF3B,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has held planning and
visioning sessions to discuss future development possibilities on NE 188 Street
(Thunder Alley). Pursuant to these sessions, staff was instructed to proceed with a
comprehensive plan amendment and eventual rezoning of some parcels on NE 188
Street to permit residential development that will support and enhance prospective
future development of a mixed-use, town center in the Loehmann's area; and
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for four parcels on NE 188
Street totaling 7.19 acres from TC2, Town Center Marine District to RMF3B, Multifamily
Medium Density Residential 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 Local Planning Agency has reviewed the application pursuant to
Ordinance No. 2002-
Page 2
the required public hearing and has recommended approval to the City Commission;
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 at 3000
NE 188 Street (Folio Number 28-2203-000-0390) and 3020 NE 188 Street (Folio
Number 28-2203-000-0410) and 3131 NE 188 Street (Folio Number 28-2203-000-
0297) and 3161 NE 188 Street (Folio Number 28-2203-000-0010) from TC2, Town
Center Marine District to RMF3B, Multifamily Medium Density Residential District (see
Exhibit "A" for property location).
Section 2. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Ordinance No. 2002-
Page 3
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED on first reading this 8th day of January, 2002.
Ordinance No. 2002-
Page 4
PASSED AND ADOPTED on second reading this 5th day of February, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
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3161 3131
ST
188THST
3020 3000
./
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EXHIBIT" A"
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City a ge
BY:
DATE: October 29,2001
SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the
land use designation of four adjacent parcels on NE 188 Street totaling 7.19
acres from Industrial and Office to Medium High Density Residential.
(02-CPA-01 - Small Scale Amendment)
November 6, 2001 Local Planning Agency Agenda Item I./- A
November 6, 2001 City Commission Meeting Agenda Item r{ A
January 8, 2002 City Commission Meeting Agenda Item ...1if!..
RECOMMENDATION
It is recommended that the City Commission: 1) approve the small scale Comprehensive
Plan amendment to change the land use designation of four adjacent parcels on NE 188
Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential;
and 2) approve the transmittal of the amendment to the Florida Department of Community
Affairs.
THE REQUEST
City staff is requesting a small scale Comprehensive Plan amendment to change the land
use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from
Industrial and Office to Medium High Density Residential to facilitate a rezoning of the
parcels from TC2 (Town Center Marine District) to RMF3B (Multifamily Medium Density
Residential District).
BACKGROUND
OWNER OF PROPERTIES:
3000 NE 188 Street
3020 NE 188 Street
3131 NE 188 Street
3161 NE 188 Street
NAME OF APPLICANT
28-2203-000-0390 Racing Properties Ltd.
28-2203-000-0410 Curry Industries Inc.
28-2203-000-0297 Racing Properties Ltd.
28-2203-000-0010 Racing Properties Ltd.
City of Aventura
LOCATION OF PROPERTY
See Exhibit #1 for location map and Exhibit #2 for
aerial photo
SIZE OF PROPERTIES
Approximately 7.19 acres
DESCRIPTION IBACKGROUND
This past year, the City Commission has held planning and visioning sessions to discuss
future development possibilities on NE 188 Street (Thunder Alley). The City's consultants,
Wallace Roberts & Todd also attended these sessions to discuss overall recommendations
for Thunder Alley as it relates to future development of the Town Center, mixed-use
development on the Loehmann's site. Staff and the City Commission have discussed the
overall uses of the two areas and how the two areas would link and function as separate
mixed-use developments or a continuation of one mixed-use development. During these
meetings, staff has recommended that the City Commission consider the following:
1. Is there a market for the overall proposed retail and office proposed in the City's
Land Development Regulations for the existing TC1 and TC2 districts?; and
2. The overall creation of mixed-use development on the Loehmann's site and
extending down NE 188 Street (disrupted continuation because of the Harbour
Center development and the self-storage facility) may be spreading the retail and
office uses over such a large land mass (approximately 1325 linear feet on both
sides of the street) that there was a concern that the commercial uses on NE 188
Street may struggle due to the removal of this area from the overall "downtown"
developed on the Loehmann's site; and
3. A higher density residential component may be required on the Loehmann's site,
than previously suggested by staff, so as to help support the large amount of
commercial uses in this area; and
4. Office and retail uses on the waterfront may not be the highest and best use of this
presently underutilized land; and
5. Property owners in the area were inclined to sell their properties to prospective
developers. Interest has been continually expressed to the property owners by
residential developers for multi-family development. This supports infill
development guidelines in an area designated as a transportation concurrency
exception area.
2
-
Because of these considerations and recommendations, and following discussion by the
Commission, staff was instructed to proceed with a phased comprehensive plan
amendment and eventual rezoning of some parcels on NE 188 Street to permit residential
development that will support and enhance prospective future development of a mixed-
use, town center in the Loehmann's area.
The existing uses on these parcels include existing marine industry facilities; a vacant lot
where employees of the marine industry uses park their vehicles; and a concrete
manufacturing facility. These present uses, while not entirely water-dependent or water-
related, are private businesses that do not provide general access to the public of the
water andlor views.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Industrial and Office
Town Center
Medium High Density Residential
Business and Office
Town Center
TC2, Town Center Marine District
RMF3, Multi-Family Medium Density Residential District
RMF3, Multi-Family Medium Density Residential District
RMF3A, Multifamily Medium Density Residential District
TC2, Town Center Marine District
TC2, Town Center Marine District
vacant lot, marine industry, concrete manufacturing
residential
residential
marine industry
marine industry, vacant buildings
Access - Access to each parcel is from NE 188 Street. Access easements are presently
in place.
Conformity to City Comprehensive Plan - The amendment is consistent with pOlicies in
the Future Land Use, Transportation and Coastal and Conservation elements of the City's
Comprehensive Plan. More specifically:
~
3
Future Land Use Element
Policv 8.2 Applications to amend the City's Future Land Use Plan map shall be
evaluated to consider consistency with the Goals, Objectives and Policies of all
Elements, other timely issues, and in particular the extent to which the proposal, if
approved, would:
1. Satisfy a deficiency in the Plan map to accommodate projected
population or economic growth of the City;
Recent population figures provide information that the City is continuing to
grow and the median age is growing younger. With this growth in population,
the need for housing grows. Previous discussions by the City Commission
addressed concerns that there may not be a need, and the local economy
may not be able to support, the commercial (retail and office) and marine
industry uses presently permitted in the subject property area.
2. Enhance or impede provision of services at adopted LOS Standards;
Traffic - The traffic generation table provided later in this report supports the
proposed amendment in that a decreased projected vehicle trips per day
enhances the provision of traffic services.
Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Mass Transit - A bus transit facility is located at Aventura Mall,
approximately 'f.z mile from the subject properties. The proposed residential
development will be required to provide pedestrian linkage to or transit
service facilities that are safe and convenient to transit users.
Parks and Recreation - The City presently exceeds LOS standards for park
space. Additionally, the subject properties are within walking distance of
both Founder's Park and the City's proposed Community Recreation Facility,
a public property obtained after the adoption of the City's Comprehensive
Plan.
Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial
uses plus 25 dwelling units per acre as existing permitted use is substantially
4
--
decreased with the proposed amendment. Therefore, provision of services
will be enhanced.
Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses plus
25 dwelling units per acre as existing permitted use is substantially
decreased with the proposed amendment. Therefore, provision of services
will be enhanced.
3. Be compatible with abutting and nearby land uses and protect the
character of established neighborhoods; and
The proposed amendment is compatible with abutting and nearby land uses
and, not only protects, but is anticipated to enhance the character of the
neighborhood.
4. Enhance or degrade environmental or historical resources, features or
systems of significance.
The proposed amendment will enhance the environmental systems in that
the proposed residential uses will provide access for residents of the City to
existing waterfront properties through view corridors, living units and/or
pedestrian promenades along the water.
Policv 8.3 The City shall strive to accommodate residential development in suitable
locations and densities which reflect such factors as recent trends in location and
design of residential units; projected availability of service and infrastructure
capacity; proximity and accessibility to employment, commercial and cultural
centers; character of existing adjacent or surrounding neighborhoods; avoidance of
natural resource degradation; maintenance of quality of life and creation of
amenities.
The proposed amendment will accommodate residential development in suitable
locations and densities along the waterfront; projected availability of service and
infrastructure capacity; proximity and accessibility to employment, commercial and
cultural centers; character of existing adjacent or surrounding neighborhoods;
avoidance of natural resource degradation; maintenance of quality of life and
creation of amenities.
Policv 10.1 Aventura shall facilitate redevelopment of substandard or
underdeveloped areas, high intensity activity centers, mass transit supportive
development and mixed use projects to promote energy conservation.
The proposed amendment will facilitate redevelopment of substandard or
underdeveloped areas and permitted mixed-use development.
~
5
~
Policv 12.1 All proposed Comprehensive Plan amendments that increase density
(population) shall be required to submit, at the time of application, an analysis of
the impacts of the proposed amendment upon the evacuation routes and
evacuation times as included within the South Florida Regional Hurricane
Evacuation Study, April, 1996, or as may be amended from time to time.
Policv 12.2 The City shall not approve any Comprehensive Plan amendment that
increases density (population) and results in evacuation times exceeding 12 hours.
Address Lot Size Increase in Population Overall Increase
Densitv Factor in Pooulation
3000 NE 188 St 1.126 ac 10 dulac 1.64 18
3020 NE 188 St 2.63 ac 1 0 dulac 1.64 43
3131 NE 188 St 2.18 ac 10 dulac 1.64 36
3161 NE 188 St 1.25 ac 10 dulac 1.64 20
Totals 7.19ac 71 117
The South Florida Regional Planning Council prepared an analysis of the impacts
of the proposed amendment upon the evacuation routes and evacuation times
using the 1996 South Florida Hurricane Evacuation Study Model. It was
determined that the maximum increase in dwelling units resulting from the
proposed amendment would be 71 and the resulting change in clearance is quite
insignificant, a 2 minute increase. That clearance time increases the present 11.36
hours to 11 .39 hours.
Transportation Element
Policv 1.5 The City will develop transportation management strategies, such as
(but not limited to) traffic calming techniques and neighborhood design concepts to
improve efficiency and enhance the safety of the pedestrian, bicycles and transit
riders within the context of an integrated multi-modal transportation system.
The proposed amendment, and associated rezoning and street improvements, will
provide for a safer roadway in that pedestrian traffic and vehicle traffic will be
separated through the construction of sidewalks, which do not presently exist. The
neighborhood design concepts will provide pedestrian promenades along the
water, thereby further separating pedestrian traffic from vehicle traffic. The
proposed residential development will be required to provide pedestrian linkage to
or transit service facilities that are safe and convenient to transit users.
Policv 4.3 Transit service shall be linked to major trip attractors and generators and
the transportation disadvantaged. Transit service shall be located such that they
are safe and convenient to transit users.
The proposed amendment will allow for redevelopment of residential uses adjacent
to an area which allows for mixed-use development. Any new residential
6
development will be required to provide pedestrian linkage to or transit service
facilities that are safe and convenient to transit users.
Policv 4.4 Transit service will be located in areas which the future land use map will
support transit service, such as town center, transit terminals, commercial areas
and higher density residential areas.
The proposed amendment will allow for redevelopment of residential uses adjacent
to the town center area. Any new residential development will be required to
provide pedestrian linkage to or transit service facilities that are safe and
convenient to transit users.
Policv 4.6 Sidewalks shall link residential development to transit stops and
shelters.
.~
NE 188 Street is presently a two-lane, non-sidewalked, dead-end street. The City
is presently proceeding with design and development of a 23,000 SF community
recreational facility on the north side of the east end of the street, and street
improvements that will provide sidewalks. Presently there is no public
transportation provided on this street, nor is there adequate pedestrian
accessibility. The community recreational facility and the town center area will be
providing transit stops and shelter. The proposed amendment will allow for
redevelopment of residential uses adjacent to the town center area and the City's
community recreational facility. Any new residential development will be required
to provide pedestrian linkage to or transit service facilities through the use of
sidewalks andlor waterfront promenades.
Conservation and Coastal Management Element
Policv 9.2 The City shall maintain the adopted levels of service on the local
roadways based on the future land use plan to achieve a reasonable evacuation
time.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the
provision of transportation (traffic) services, thereby maintaining the adopted levels
of service on local roadways to achieve a reasonable evacuation time.
Policv 12.1 Shoreline uses within Aventura shall be prioritized according to the
following order:
.~
1. Conservation uses
2. Water-dependent uses
3. Water-related uses
4. Uses not dependent or related to shoreline access
7
~
In the priority listing shown above, the City presently owns a three (3) acre site, and
is in the process of designing for construction a community recreational facility at
the tip of NE 188 Street, directly on the water. This facility is scheduled to open in
late 2002. This facility will not only provide access to the water by all residents of
the City, but will also provide open spacelpassive areas on the site. This use will
conserve the site for use by the general public. Furthermore, the City is in the
process of obtaining, adjacent to the community recreation facility site, a three (3)
acre parcel in order to construct a much needed charter elementary school. This
facility is scheduled to open for the school session in 2003. These two (2) facilities
will operate as joint-use facilities and together will provide access to the
shoreline/waterfront to all residents of the City.
In the backup information for the City's adopted comprehensive plan, the water-
dependent and water-related uses were identified as the seven (7) marine
industrylmarinas on NE 188 Street and NE 185 Street. However, as the City
Commission is aware, these property owners are marketing their properties for sale.
Staff discussions with the present marine use tenants andlor property owners
included discussions that it was hard to operate their businesses with residential
uses across the canals because of the noise and smells; many of the industry
businesses do not depend on the water because they trailer their boats to other
areas to put them in the water, if required. Therefore, what the Commission
originally wished to preserve as water-dependent or water-related uses may not be
realistic as evidenced by the present owners' desires to sell and move.
Furthermore, the present uses on the site restrict access and views of the
shoreline/waterfront to the residents of the City since they are private, industrial type
uses, restricting access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
Policv 12.4 Amendments to the Future Land Use Plan Map shall not reduce the
proportion of shoreline properties dedicated to water-dependent uses or reduce the
access of water-dependent uses to such properties.
The present uses on the site restrict access and views of the shoreline/waterfront to
the residents of the City since they are private, industrial type uses, restricting
access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
8
Policv 12.5 Amendment to the Future Land Use Plan Map shall not reduce the
proportion of shoreline properties dedicated to water related uses or reduce the
access of water-related uses to such properties.
The present uses on the site restrict access and views of the shorelinelwaterfront to
the residents of the City since they are private, industrial type uses, restricting
access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
Policv 12.6 New multi-family residential development, contiguous to the shoreline,
shall be water dependent, water related, or at a minimum shall include
environmentally compatible shoreline access facilities such as walkways, piers, and
viewing areas with landscaping grouped or spaced for views of and from the water.
.-
The proposed amendment will require that residential redevelopment provide view
corridors to the water and pedestrian walkwayslpromenades along the waterfront.
Furthermore, as an extension of the town center, and as support to the City's
community recreational facility, which facility will provide walkways, piers and
viewing areas, pedestrian walkways and linkage of uses through the multi-family
residential districts will be required.
Traffic Generation - The City's traffic engineers have prepared traffic generation
information relative to existing counts, previous approved uses, existing permitted uses
and the proposed amendment. The following information is calculated according to the
general land area as specified in each table. Proposed trips generated by the elementary
school and community recreation facility are also provided.
Vehicle Trips AM Peak PM Peak
per Dav
NE 188 Street Generation 1,101 130 142
Existina Trips
Zoning Category
Vehicle Trips per Day
10,743
44,675
4,290
9
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Total 6.03 acres Vehicle Trips AM Peak PM Peak
(Comm. Rec. Facility and per Day
Charter Elem. school sites)
Community Recreation Facility 1,102 204 196
and Charter Elementarv School
IU-2 (MDC industrial zoninQ) 3,667 484 516
OP and CF existing City zonina 3,848 584 485
Part of the Larger Plan - As previously discussed in this report, the City Commission has
reviewed the overall concept and future of this area of the City, including the Loehmann's
area, the City's proposed Community Recreation Facility and adjacent school site, and all
surrounding properties. The City Commission has determined that the proposed
residential uses are an integral part in providing support and vitality to the proposed mixed-
use, town center development to the west of NE 188 Street. The City's consultants
advised that the existing zoning on these properties (TC-2) provided for retail and office
uses that may not have been economically feasible and, in fact, may have spread these
commercial uses into areas that could not support their intensity and location.
School - The City is proceeding with the construction of a charter elementary school on
the north side of NE 188 Street, east of the proposed amendments area. The proposed
residential uses on this street support the need for an elementary school and actually
provide much more compatible uses for the school versus the existing commercial,
manufacturing and marine uses presently allowed on the street. Furthermore, the
anticipated decrease in traffic generation through reduced vehicle trips per day provides
for much more compatible uses and significant impact on increased traffic safety on the
street.
Conformity to City Land Development Regulations - The proposed amendment will
facilitate a proposed rezoning from TC2, Town Center Marine District to RMF38
(Multifamily Medium Density Residential District).
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
Istaff reportsl02-CPA-01 oomp plan SCD2
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EXHIBIT #1
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ORDINANCE NO. 2002 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR FOUR (4) PARCELS
LOCATED AT 3000, 3020, 3131 AND 3161 NE 188
STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM
HIGH DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the
subject property Industrial and Office, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, City staff is requesting a small scale Comprehensive Plan
amendment, through Application No. 02-CPA-01, to change the land use designation of
four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to
Medium High Density Residential; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the future land use map designation on the subject properties from Industrial
and Office to Medium High Density Residential; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan to the extent the
application is granted herein; and
Ordinance No. 2002-_
Page 2
WHEREAS, this residential land use small scale amendment meets the
residential density criteria pursuant to Chapter 163.3187 (c)( 1 )(f) Fla. Stat.; and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA' FLORIDA, AS FOLLOWS:
Section 1. PurDose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use MaD Desianation. The future
land use map designations of four (4) parcels totaling approximately 7.19 acres located
at 3000 NE 188 Street (Folio Number 28-2203-000-0390) and 3020 NE 188 Street
(Folio Number 28-2203-000-0410) and 3131 NE 188 Street (Folio Number 28-2203-
000-0297) and 3161 NE 188 Street (Folio Number 28-2203-000-0010) (see Exhibit "A"
for property locations) are hereby changed from Industrial and Office to Medium High
Density Residential.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections. sentences, clauses, and phrases of this Ordinance
Ordinance No. 2002-_
Page 3
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the ComDrehensive Plan. 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 Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Beskin and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Ordinance No. 2002-_
Page 4
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED on first reading this 6th day of November, 2001.
PASSED AND ADOPTED on second reading this 8th day of January, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
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EXHIBIT" A"
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: December 17, 2001
TO:
FROM:
BY:
SUBJECT: Creation of a new multifamily residential zoning district RMF3B, Multifamily
Medium Density Residential District permitting thirty-five (35) dwelling units per
acre and accompanying site development standards; and amendment to the site
development standards in the RMF3A, Multifamily Medium Density Residential
District. (01-LDR-01)
November 6, 2001 Local Planning Agency Agenda Item 48
November 6, 2001 City Commission Meeting Agenda Item 78
January 8, 2002 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission:
1) approve the amendment to the City's Land Development Regulations in order to
create of a new multifamily residential zoning district RMF3B, Multifamily Medium
Density Residential District permitting thirty-five (35) dwelling units per acre and
accompanying site development standards; and
2) approve amendments to the City's Land Development Regulations in order to
provide revised and/or additional standards for those properties on NE 188 Street
zoned RMF3A, Multifamily Medium Density Residential District.
THE REQUEST
City staff is requesting an amendment to the City's Land Development Regulations in
order to create a new multifamily residential zoning district RMF3B, Multifamily Medium
Density Residential District permitting thirty-five (35) dwelling units per acre and
accompanying site development standards; and to provide revised and/or additional
standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium
Density Residential District.
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District Director
Ana Rljo-ConcJe
JDnuary 7, 2002
RECEIVeo
Mlttmi-Dado County SchoQI Bo.'JI"d
?erlll Tflbste:s Hantman. ellair
Dr. Michael M. Krop, Vice Cllalr
Frank J. Bolanos
Frank J. Cobo
Dr. RobtJrt B. Ingram
Betsy H. I<ap/an
Manly 5abBtes Morse
Dr. Marta r'rf:rez
Dr. Solomon C. Stinson
Ms, Brenda Kelley, DIrector
COmmunity Development DepartMent
City of Aventura
19200 West COuntry Club Drive
Aventura. Florida 33180
,
JAN 0 8 2002
mnlllllYDE\S.OPMENT
Re;
Small Scale Plan Amendment To Allow For Land Use Changes At:
3000 H.E. 188 Street
3020 H.E. 188 Street
3131 H.E. 188 Street
3161 H.E. 188 Street
Superinrertdr::nr
of S'r.hl){}ls
Merrett R. StiertJeim
;.,
Deer Ms. Kelley:
Pursuant to the City of Aventura's (C~) request and the requirements of Florida Statute 235.193(2), attached
please find Miami-Dade County Public SChOols (SChool District) $Chool impact analyses for the above referenced
applications. The City is proposing land use changes on four (4) sites an from industrial and office to medium
hi~ density residential. In totel. the pr()p05ed land use changes would allOw 72 additional units and would
generate a 5ct1oo1 impact of 13 students: 7 elementary school students, 4 middle school s1udents and 2 senior
high school students.
The schools that would be impacted by the proposed changes are over capacity, based on the deta provided by the
Office of Information T echnolo6'. Please see attached ana/yse$.
Please note the School District's 5-year work plan <lces inclu<le several relief schools in the area (see attached
Clf1llIyseS).
In accordance with established School Board po/Icy, this letter should not be construed 8$ commentory on the
meritS of the pendinc zoning application. Rather. it is an attempt to provide relevant information to the City
Commission on the public schools that will likely serve the proposed development.
I WOUld appreciate if the district schoolln1'ormatiOn Is made available for Commtssion review. Should ~ have any
Questions, please call me at (305) 995-7282.
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Attachments
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cc: Ms. Ana Rijo-Conde
Ms. Sally Osborne
Governmental Affairs and Land Usa Policy and AcqullflUoR · 1450 N.E. 2nd Avenue, Sui'e 525. Miemi, Rorida 33132
305-995-7280. FAX 305-1#'5-729$ · www.facll.rlade.1c1UI.us '
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SCHOOL IMPACT REVIEW ANALYSIS
APPLICANT:
City of Aventura
REQUEST:
Small Scale Comprehensive Plan amendment to allow for a land use change
from Industrial and Office to Medium High DenSity Residential
ACRES:
1.126
LOCATION:
3000 N.E. 188 Street
PROPOSED RESIDENTIAL
DEVELOPMENT
CURRENTLY ALLOWED
UNDER EXISTING LAND
USE DESIGNATION
NET
INCREASE
NUMBER OF
UNITS:
39 Multi-Family Units
28 MultI-Family UnitS
11 Multi-
Family Units
ESTIMATED
STUDENT
POPULATION:
7 students
5 students
2 students
ELEMENTARY:
MIDDLE:
SENIOR:
4
2
1
3
1
1
1
1
o
SCHOOLS SERVING AREA OF APPUCATlON:
ElEMENTARY:
OJus Elementary - 18600 West Dixie Highway
Greynolds Park Elementary- 1536 N.E. 179 Street (K-1 only)
MIDDLE;
Highland Oaks Middle- 2375 N.E. 203 Street
SENIOR:
Or. Michael M. Krop Senior High- 1410 N.E. 215 Street
The following population and facility capacity data are as reported by the OffICe of Information
Technology, 8$ of December 8. 2001:
STUDENT PERMANENT UTILIZATION UTILIZATION
POPULATION UTIUZATION FISH DESIGN PERMANENT +
CAPACIlY RELOCATABLES
PROGRAM
CAPACITY
(1) (2) (3)
Greynolds Park EI. 1386 126% 99% 115%
(including PLC C)
Ojus Elementary 862 251% 201% 128%
Highland Oaks Middle 2307 207% 155% 133%
Dr. Michael M. Krop Sr. 3294 144% 137% 135% ..
1) Ratio of total students to permanent student stations
2) Ratio of total students \0 permanent and relocatable (portable) student stations
3) Ratio of total students to permanent and reJocatabfe (l)Ottable) student swtions afttr procramrnatic changes
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PLANNED REUEF SCHOOlS IN THE AAEk
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State SchOol 0 (Elementary)
State School RR -1 (Middle)
Primary Learning Center .P"
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SIte Acquisition
Planning & Design
Funding Available for
oonstructlon on site
to be determined
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SCHOOL IMPACT REVIEW ANALYSIS
APPliCANT:
City of Aventura
REQUEST:
Small Scale comprehensive Plan amendment. to allow for . land use chango from
Industrial and Office to Medium High Density Residential
ACRES:
2.63
LOCATION:
3020 N.E. 188 Street
PROPOSED RESIDENTIAL
DEVELOPMENT
CURRENTLY ALLOWED
UNDER EXISTING LAND
USE DESIGNATION
NET
INCREASE
NUMBER OF
UNITS:
92 Multi-Family Units
65 Multi-Family Units
27 Multi-
Family Units
ESTIMATED
STUDENT
POPULATION:
18 students
13 students
5 students
ELEMENTARY:
MIOOlE:
SENIOR:
10
4
4
7
3
3
3
1
1
SCHOOLS SERVING AREA Of APPUCATION:
ELEMENTARY;
Ojus Elementary - 18600 West Dixie Highway
Greynolds Pal'k Bementary . 1536 N.E. 179 Street (K-1 only)
MIDDLE:
Highland Oaks Middle - 2375 N.E. 203 Street
SENIOR;
Or. Michael M. Krop Senior High - 1410 N.E. 215 Street
The follOWing population and facUlty capacity data ere as reported by the Office of Information
Technology. as of December 8. 2001:
STUDENT PERMANENT UTIlIZATION UTilIZATION
POPUlATION UTILIZATION FISH DESIGN PERMANENT +
CAPACllY RELOCATABlES
PROGRAM
CAPACIlY
(1) (2) (3)
Greynolds Park EI. 1386 126% 99% 115%
(including PLC C)
Ojus Elementary 862 251% 201% 128%
Highland Oaks Middle 2307 207% 155% 133%
Or. Michael M. Krop Sr. 3294 144% 137% 135%
""
1) ~tio of total students to permanent student $l8Uons
2) Ratio of total students to permanent and reloeatable (poItsble) student statlol\$
3) Ratio of total students to permanent and relocetable (JIOfteblel &tudent stations after pl"o~.mmatlc chanps
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PLANNED REUEF SCHOOLS IN THE AREA:
smoal
Qm!go,
State School 0 (Elementaty)
State School RR -1 (Middle)
Prlmaty Learning Center .p.
Site Acquisition
Planning & Design
Funding Available for
construction on site
to be determined
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SCHOOL IMPACT REVIEW ANALYSIS
APPLICANT:
City of Aventura
REQUEST:
Small Seale Comprehensive Plan amendment to allow for a land use change from
Industllal and Office to Medium High Density Residential
ACRES:
2.18
LOCATION:
3131 N.E. 188 Street
PROPOSED RESIDENTIAl
DEVELOPMENT
CURRENTLY ALLOWED
UNDER EXISTING LAND
USE DESIGNATION
NET
INCREASE
NUMBER OF
UNITS:
76 Multi-Family Units
54 Multi-Family Units
22 Multi.
Family Units
ESTIMATED
STUDENT
POPULATION:
15 students
11 students
4 students
ELEMENTARY:
MtDDLE:
SENIOR:
8
4
3
6
3
2
2
1
1
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY:
Ojus E1ement8ry - 18600 West Dixie Highway
Greynolds Park Elementary - 1536 N.E. 179 Street (K.1 only)
MIDDLE:
Highland Oaks Middle. 2375 N.E. 203 Street
SENIOR:
Dr. Michael M. Krop Senior High - 1410 N.E. 215 Street
The following population and facility capacity data are as reported by the OffIce of Information
Technology, as of December 8, 2001;
STUDENT PERMANENT UTILIZATION UTILIZATION
POPULATION UTILIZATION FISH DESIGN PERMANENT +
CAPACITY RELOCATABlES
PROGRAM
CAPACITY
(1) (2) (3)
Greynolds Park EI. 1386 126% 99% 115%
(including PLC C)
Ojus Elementary 862 251% 201% 128%
Highland Oaks Middle 2307 207% 155% 133%
Dr. Michael M. Krop Sr. 3294 144% 137% 135%
1) Ratio of total stU4ef1ts to permanent student 6tations
2) Ratio of total stUdents to permanent end relOcatable (portable) studont &tatlons
3) Ratio Of total students to permanent and relocatable (portable) student &tatlons after programmatic chances
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PLANNED RELIEF SCHOOLS IN THE AREA:
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State SChool 0 (Elementary)
State SChOOl RR -1 (Middle)
Primary Learning Center .p.
Site AcqUisition
Planning & Design
fUnding Available for
construction on site
to be determined
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SCHOOL IMPACT REVIEW ANALYSIS
APPLICANT:
City of Aventura
REQUEST:
Small Scale Comprehensive Plan amendment to allow for a land use change from
Industrial and Office to Medium High Density Residential
ACRES:
1.25
LOCATION:
3161 N.E. 188 Street
PROPOSED RESIDENTIAL
DEVELOPMENT
CURRENTLY ALLOWED
UNDER EXISTING LAND
USE DESIGNATION
NET
INCREASE
NUMBER OF
UNITS:
43 MUlti-Family Units
31 Multi-Family Units
12 Multi-
Family Units
ESTIMATED
STUDENT
POPULATION:
8 students
6 students
2 students
ELEMENTARY:
MIDDLE:
SENIOR:
4
3
1
3
2
1
1
1
o
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY:
Ojus Elementary - 18600 West Dixie Highway
Greynolds Park Elementary - 1536 N.E. 179 Street (K-1 only)
MIDDLE:
Highland Oaks Middfe - 2375 N.E. 203 Street
SENIOR:
Dr. Michael M. Krop Senior High - 1410 N.E. 215 Street
The following population and facility capacity data are as reported by the Office of Information
Technology, as of December 8,2001:
STUDENT PERMANENT UTlUZATION UTILIZATION
POPULATION UTILIZATION FISH DESIGN PERMANENT ...
CAPACIlY RElOCATABlES
PROGRAM
CAPACITY
(1) (2) (3)
Greynolds Park EI. 1386 126% 99% 115%
(including PLC C)
Ojus Elementary 862 251% 201% 128%
Highland Oaks Middle 2307 207% 155% 133%
Dr. Michael M. Krop Sr. 3294 144% 137% 135%
1) RatJo of totlll studenta to permanent atlldent :;tatiollS
2) Ratio of total studentt. to permanent and relocatable (pONble) student s~tlons
3) Ratio of total students to permanent and relocatable (portable) student statIOns after prQCrammatic chanleS
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P'LANNED RELIEF SCHOOLS IN THE AREA:
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State School 0 (Elementary)
State School RR -1 (Middle)
Primary Learning Center uP'
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Planning & Design
Funding Available for
constructIon on site
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200212003
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..
DESCRIPTION IBACKGROUND
At the November 6, 2001 Local Planning Agency and City Commission meeting, staff
recommended further revisions to the proposed Ordinance to specifically address zero-lot
line dwellings and clarify site development standards, and the Local Planning Agency and
City Commission requested revisions to the proposed view corridor requirements, Those
revisions are incorporated in the revised Ordinance as follows:
Revisions to the proposed RMF3B Zoning District Requirements:
Sec, 31-143(g)
. Revise (3) "Conditional Uses Permitted" to read:
Conditional Uses. The following uses may be established if first approved as a
conditional use..,
. Add: (3a) Uses prohibited. Those uses which exceed 7 stories or 85'.
. Add: "zero lot line dwelling units"
to permitted uses
. Revise minimum lot area and width (4)(a) to read:
Single-family and zero-lot line: Each dwelling unit shall be located on a plot not
less that 40 feet in width and 4,000 square feet in area,
2-family dwellings: Each dwelling unit shall be located on a plot not less than 60
feet in width and 4,000 square feet in area...
. Revise maximum height (4)(b) to read:
2-family dwellings, triplexes and quadruplexes: 2 stories or 25'
Single family dwellings, zero-lot line, and townhouses: 3 stories or 35' ...
. Revise setbacks (4)(d) to read:
Side yards: single-family, 2-family, zero lot line, triplexes, quadruplexes and
townhouses: Principal Structure 10 where applicable...
. Revise view corridors as follows:
View corridors. All sites abutting a waterway shall Dreserve a visual corridor to the
water and maintain a visual passageway area unencumbered with any structure,
roadway or off-street parking area, +Ai& The view corridor is reauired at a side
oroDerty line(s) and shall extend the fulllenath of the site from the waterway to the
2
stfeet public riaht-of-wav most nearly parallel to tho mean high tide line oDPosite
the waterfront. The width of this view corridor shall equal an a€lgre€lato croa of 20
por.oont be no less than 10% of the average of two frontages on either end of the
view corridor, to a maximum of 100 feet. A maximum of two (2) corridors may be
provided. however. each corridor shall not be less than .w ~ percent of the required
view corridor.
Proposed revisions to the RMF3A Zoning District Requirements:
Sec, 31-143(e)(3)...
. Revise view corridors as follows:
View corridors, For those properties on NE 188 Street, the following standards
shall apply: All sites abutting a waterway shall Dreserve a visual corridor to the
water and maintain a visual passageway area unencumbered with any structure,
roadwav or off-street parking area. +Ri& The view corridor is reauired at a side
property line(s) and shall extend the fulllenath of the site from the waterway to the
stfeet Dublic riaht-of-way most nearly par.allol to tho moan hi!lh tide line oPDosite
the waterfront. The width of this view corridor shall oqual an aggregate area of 20
porcent be no less than 10% of the average of two frontages on either end of the
view corridor, to a maximum of 100 feet. A maximum of two (2) corridors mav be
provided. however. each corridor shall not be less than .w ~ percent of the required
view corridor,
Istaff reportsl01-LOR-01 amend LOR RMF3B t'" read
3
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS IN ORDER TO CREATE A NEW
MULTIFAMILY RESIDENTIAL ZONING DISTRICT
ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35)
DWELLING UNITS PER ACRE AND ACCOMPANYING
SITE DEVELOPMENT STANDARDS; AMENDMENT OF
THE CITY'S LAND DEVELOPMENT REGULATIONS IN
ORDER TO PROVIDE FOR ADDITIONAL AND REVISED
SITE DEVELOPMENT STANDARDS IN THE RMF3A,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has held planning and
visioning sessions to discuss future development possibilities in the City. Pursuant to
these sessions, staff was instructed to proceed with a comprehensive plan amendment
and eventual rezoning of some parcels on NE 188 Street to permit residential
development that will support and enhance prospective future development of a mixed-
use, town center in the Loehmann's area; and
WHEREAS, the City of Aventura is desirous of creating a new multifamily
residential zoning district RMF3B, Multifamily Medium Density Residential District
permitting thirty-five (35) dwelling units per acre and accompanying site development
standards; and
Ordinance No. 2002 -
Page 2
WHEREAS, the City of Aventura is desirous of revising and providing additional
standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium
Density Residential 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 City's Land Development Regulations are hereby
amended so as to create a new multifamily residential zoning district entitled RMF3B,
Multifamily Medium Density Residential District, permitting thirty-five (35) dwelling units
per acre and accompanying site development standards, as follows 1:
Sec. 31-143. Residential Zoning Districts...
(q) Multi - Family Medium Densitv Residential Districts (RMF3B). The followinq
requlations shall aoolv to all RMF3B districts:
(1) PurDose of District The ouroose and intent of this district is to orovide
suitable sites for the develooment of well-Dlanned. environmentallv
1 Underlined provisions constitute proposed additions to existing text; striGI\9R \l:lf91l11A provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 3
comoatible medium density multifamilY residential use in areas consistent
with the City's Comorehensive Plan Future Land Use Element. Densities
shall not exceed thirty-five (35) units oer aross acre.
(2) Uses Permitted. No buildinq or structure. or Dart thereof. shall be erected.
altered or used. or land used in whole or Dart for other than one or more of
the followinq soecific uses:
(a) Sinqle family dwellinqs.
(b) Zero lot line dwellinq units.
(c) Two - familv dwellinas.
(d) Triolexes and Quadruolexes
(e) Townhouses
(t) Low Rise ADartments
(g) All uses oermitted in CF district.
(h) Publiclv owned recreation buildinqs and facilities. olavqrounds.
olavfields and Darks
(i) Uses accessorv to anv of the above uses when located on the same
clot.
(3) Conditional Uses. The followinq uses may be established if first aooroved
as a conditional use.
(a) Uses that exceed the heiqht limitations.
(3.1) Uses Prohibited:
(a) Those uses which exceed 7 stories or 85'.
(4) Site Develooment Standards.
(a) Minimum Lot Area and Width: Sinqle familv and zero lot line: Each
dwellinq unit shall be located on a Dlot not less than 40 feet in width
and 4.000 square feet in area. 2 familv dwellinas: Each dwellinq unit
shall be located on a olot not less than 60 feet in width and 4.000
square feet in area. Townhouses: Not less than 160 feet in width and
16.000 square feet in clot area. Where townhouse dwellinas are
desiqned. arranqed and constructed for the ownershiD of each
dwellinq unit and the land thereunder by a seoarate and different
owner. each dwellinq unit mav be located on a lot not less than 20
feet in width. and 60 feet in deoth. Each dwellinq unit of a QuadruDlex
shall be located on a lot of minimum of 1.600 feet. Low Rise
Aoartments: Not less than 100 feet in width and 16.000 square feet
in clot area.
(b) Maximum Heiqht: Structure Darkinq shall be counted in comoutinq
buildinq heiqht.
Ordinance No. 2002 -
Page 4
Two-familv dwellinas, Triplexes and Quadruplexes: 2 stories or 25'.
Sinale familv dwellinas. Zero lot line. and Townhouses: 3 stories or
35'.
Low Rise Apartments: 4 stories or 45'.
(c) Plot Coveraae: The combined plot area covered bv all principal and
accessorv buildinas shall not exceed 40% of the area of the lot.
(d) Setbacks:
Front Yards: Principal buildinas frontina the public riaht-of-wav.
between one and two stories. shall be setback at least 10 feet.
Principal buildinas frontina the public riaht-of-wav. three stories in
heiaht. shall be setback at least 15 feet. Principal buildinas frontina
the Dublic riaht-of-wav. four stories in heiaht. shall be setback at least
20 feet. For those principal buildinas not frontina the public riaht-of-
wav. 5 feet additional setback shall be added for each floor of the
buildina. (Structure parkina shall be counted in comDutina building
height).
Side Yards: Sinale familv. Two-familv. Zero lot line. Triplexes.
Quadruplexes and Townhouses: PrinciDal Structure 10 feet where
applicable. Upon corner plots in all zonina districts included in this
section there shall be a front vard as herein specified. and in addition
thereto. a side vard at least 20 feet in width on the side of the plot
abuttina on the side street. Low Rise Rise Apartments: 25 feet in
depth,
Rear Yards: Principal buildinas. between one and two stories. shall be
setback at least 15 feet. Principal buildinas three or more stories in
heiaht shall be setback at least 20 feet.
(e) Minimum Distances Between Buildinas: Principal buildinas between
one and two stories shall be separated bv at least 10 feet at the
closest point. Principal buildinas three stories in heiaht shall be
separated bv at least 15 feet at the closest point. Principal buildinas
four stories shall be separated bv at least 20 feet at the closest point.
Additionallv. for each townhouse buildina which exceeds six units in
anv one aroup. a minimum of five feet for each unit exceedina six
shall be added to the minimum buildina separation. (Structure parking
shall be counted in computina buildina height).
(f) Minimum Floor Areas: The minimum floor area not includina aaraae
or unairconditioned areas shall be as follows:
Sinale-familv unit: 1000 sauare feet.
Multiple familv dwellina unit:
Efficiencv unit: 800 sauare feet.
One bedroom unit: 900 sauare feet.
Two bedroom unit: 1050 sauare feet.
Ordinance No. 2002 -
Page 5
For each additional bedroom in excess of two add 150 sauare feet.
Efficiencv units shall not exceed twenty (20) percent of the total
number of units within a buildina.
(g) Minimum ODen Soace: 35% of the total lot area. Said ooen soace
shall be unencumbered with anv structure or off-street Darkina. and
shall be landscaoed and well maintained with arass. trees. and
shrubberv. Pedestrian walkwavs and promenade may be counted
towards ODen SDace at the discretion of the Director or desianee.
(h) Accessibilitv: All multi - familv develooment oroiects within the zonina
district shall orovide a walkwav that links buildinas and oarkina areas
to onsite amenities.
(i) Floor Area Ratio: The floor area ratio shall not exceed the followina.
Drovided. however. that structure Darkina shall not count as a Dart of
the floor area. but shall be counted in comoutina buildina heiaht.
Heiaht of Buildina Floor Area Ratio
1 storv 0.30
2 storv 0.50
3 storv 0.75
4 storv 0.90
(5) Abovearound Storaae Tanks. Abovearound Storaae Tanks (AST) are
oermitted as a conditional use onlv as an accessorv use and on Iv for the
ourpose of storina fuel for emeraencv aenerators. ASTs must conform to
the followina reauirements:
(a) Be of 550 aallons caoacitv or less.
(b) Be installed and ooerated under a valid permit from the Miami-Dade
Countv DeDartment of Environmental Resources Manaaement.
(c) Be fullY screened by a masonrv or concrete wall with a self-closina
and lockina metal door or aate. Such wall shall be landscaoed in
accordance with the City's Landscaoe Code.
(d) Be located in a manner consistent with the site develooment
standards of the RMF3A zonina district.
Installation of anv AST shall reauire a buildina permit from the City.
Aoolication for buildina Dermit shall be accomoanied by a site olan
indicatina the location of the AST relative to orooerty lines. the orimarv
structure served bv the AST. anv other structures within 300 feet as well
as a landscaDe plan DreDared by a Florida licensed architect or landscaDe
architect and other suooortina documentation as deemed necessarv bY
the City Manaaer or desianee.
Ordinance No. 2002 -
Page 6
(6) Architectural Desian Standards. The followina concepts shall auide
development in this district. in addition to other applicable architectural
desian standards found in the Land Develooment Reaulations:
a. Mediterranean desian features shall be used includina. but not limited
to barrel tile roofs.
b. Chanaes in massina in the buildina formes) shall be incoroorated in the
overall develoDment desian includina. but not limited to facades and
rooflines.
c. Architectural oroiections shall be incoroorated into the buildina desian
includina. but not limited to awninas. canopies. balconies and columns.
d. Exterior colors used shall be Iiaht earth tone schemes or other color
oalettes that mav be approved bv the Citv Commission.
(7) Pedestrian Promenades. Pedestrian promenades for use bv the aeneral
public shall be Drovided alona the waterfront. Such promenade shall be a
minimum of 10' in width and shall include Iinkaae of seDarate develooment
parcels. Dublic use parcels and public sidewalks alona oublic riahtlsl-of-way.
(8) View corridors. All sites abuttina a waterwav shall preserve a visual corridor
to the water and maintain a visual passaaeway area unencumbered with any
structure. roadwav or off-street parkina area. The view corridor is reauired
at a side DroDertv line(s) and shall extend the fulllenath of the site from the
waterwav to the public riaht-of-wav most nearlv opposite the waterfront. The
width of this view corridor shall be no less than 10% of the averaae of two
frontaaes on either end of the view corridor. to a maximum of 100 feet. A
maximum of two (2) corridors mav be Drovided. however. each corridor shall
not be less than 5 percent of the reauired view corridor.
Section 2. That the City's Land Development Regulations are hereby amended
so as to revise and provide additional site development standards for those properties on
NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District, as
follows:
Sec. 31-143(e)(3)...
d. Setbacks:
Ordinance No. 2002 -
Page 7
Front yards: Minimum of 25 feet in depth.
For those DroDerties on NE 188 Street. the followina standards shall
applv: Front Yards: Principal buildinas frontina the Dublic riaht-of-wav.
between one and two stories. shall be setback at least 10 feet. Principal
buildinas frontina the public riaht-of-wav. three stories in heiaht. shall be
setback at least 15 feet. Principal buildinas frontina the Dublic riaht-of-wav.
four stories in heiaht. shall be setback at least 20 feet. PrinciDal buildinas
frontina the public riaht-of-wav. five or more stories in heiaht. shall be
setback at least 25 feet. For each additional storv in heiaht above 7 stories.
5 feet shall be added to the setback. For those principal buildinas not
frontina the public riaht-of-wav. 5 feet additional setback shall be added for
each floor of the buildina. (Structure Darkina shall be counted in comDutina
buildina height).
Rear yards: Minimum of 25 feet.
For those properties on NE 188 Street. the followina standards shall applv:
Principal buildinas. between one and two stories. shall be setback at least
15 feet: principal buildinas three or more stories in heiaht shall be setback
at least 20 feet.
f. Minimum Distances Between Buildings: Principal buildings shall be separated by
at least 30 feet at the closest point or by the sum of the building heights divided by
two, whichever is greater.
For those properties on NE 188 Street the followina standards shall applv:
Principal buildinas between one and two stories shall be separated bv at least 10
feet at the closest point. Principal buildinas three stories in heiaht shall be
seDarated bv at least 15 feet at the closest Doint. PrinciDal buildinas four stories
shall be separated bv at least 20 feet at the closest point. PrinciDal buildinas five
or more stories shall be separated bv at least 25 feet at the closest point. For each
additional storv in heiaht above 7 stories. 5 feet shall be added to the buildina
separation. Additionallv. for each townhouse buildina which exceeds six units in
anv one arOUD. a minimum of five feet for each unit exceedina six shall be added
to the minimum buildina seDaration. (Structure parkina shall be counted in
computina buildina height).
(5) Architectural Desian Standards. For those properties on NE 188 Street. the
followina conceDts shall auide development in this district. in addition to other
applicable architectural desian standards found in the Land DeveloDment
Reaulations:
Ordinance No. 2002 -
Page 8
a. Mediterranean desian features shall be used includina. but not limited
to barrel tile roofs.
b. Chanaes in massina in the buildina formes) shall be incoroorated in the
overall develooment desian includina. but not limited to facades and
rooflines.
c. Architectural oroiections shall be incoroorated into the buildina desian
includina. but not limited to awninas. canooies. balconies and columns.
d. Exterior colors used shall be Iiaht earth tone schemes or other color
oalettes that mav be aooroved bv the Citv Commission.
(6) Pedestrian Promenades. For those orooerties on NE 188 Street. oedestrian
oromenades for use bv the aeneral Dublic shall be orovided alona the waterfront.
Such oromenade shall be a minimum of 10' in width and shall include Iinkaae of
seoarate develooment oarcels. oublic use oarcels and oublic sidewalks alona
oublic riQht(s)-of-wav.
(7) View corridors. For those orooerties on NE 188 Street. the followina standards
shall aODlv: All sites abuttina a waterwav shall oreserve a visual corridor to the
water and maintain a visual oassaaewav area unencumbered with anv structure.
roadwav or off-street oarkina area. The view corridor is reauired at a side
orooertv line(s) and shall extend the fulllenath of the site from the waterwav to
the oublic riaht-of-wav most nearlv oooosite the waterfront. The width of this
view corridor shall be no less than 10% of the averaae of two frontaaes on either
end of the view corridor. to a maximum of 100 feet A maximum of two (2)
corridors mav be orovided. however. each corridor shall not be less than 5
oercent of the reauired view corridor.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
Ordinance No. 2002 -
Page 9
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
absent from the room
yes
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance No. 2002 -
Page 10
PASSED on first reading this 6th day of November, 2001.
PASSED AND ADOPTED on second reading this 8th day of January, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
BY:
FROM:
DATE: October 29,2001
SUBJECT: Creation of a new multifamily residential zoning district RMF3B, Multifamily
Medium Density Residential District permitting thirty-five (35) dwelling units per
acre and accompanying site development standards; and amendment to the site
development standards in the RMF3A, Multifamily Medium Density Residential
District. (01-LDR-01)
November 6, 2001 Local Planning Agency Agenda Item Y &
November 6, 2001 City Commission Meeting Agenda Item 1 ~
January 8, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1) approve the amendment to the City's Land Development Regulations in order to
create of a new multifamily residential zoning district RMF3B, Multifamily Medium
Density Residential District permitting thirty-five (35) dwelling units per acre and
accompanying site development standards; and
2) approve amendments to the City's Land Development Regulations in order to
provide revised and/or additional standards for those properties on NE 188 Street
zoned RMF3A, Multifamily Medium Density Residential District.
THE REQUEST
City staff is requesting an amendment to the City's Land Development Regulations in
order to create a new multifamily residential zoning district RMF3B, Multifamily Medium
Density Residential District permitting thirty-five (35) dwelling units per acre and
accompanying site development standards; and to provide revised and/or additional
standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium
Density Residential District.
DESCRIPTION IBACKGROUND
This past year, the City Commission has held planning and visioning sessions to discuss
future development possibilities on NE 188 Street (Thunder Alley). The City's
consultants, Wallace Roberts & Todd also attended these sessions to discuss overall
recommendations for Thunder Alley as it relates to future development of the Town
Center, mixed-use development on the Loehmann's site. Staff and the City Commission
have discussed the overall uses of the two areas and how the two areas would link and
function as separate mixed-use developments or a continuation of one mixed-use
development. During the meetings, staff has recommended that the City Commission
consider the following:
1. Is there a market for the overall proposed retail and office proposed in the City's
Land Development Regulations for the existing TC1 and TC2 districts?; and
2, The overall creation of mixed-use development on the Loehmann's site and
extending down NE 188 Street (disrupted continuation because of the Harbour
Center development and the self-storage facility) may be spreading the retail and
office uses over such a large land mass (approximately 1325 linear feet on both
sides of the street) that there was a concern that the commercial uses on NE 188
Street may struggle due to the removal of this area from the overall "downtown"
developed on the Loehmann's site; and
3. A higher density residential component may be required on the Loehmann's site,
than previously suggested by staff, so as to help support the large amount of
commercial uses in this area; and
4. Office and retail uses on the waterfront may not be the highest and best use of this
presently underutilized land; and
5, Property owners in the area were inclined to sell their properties to prospective
developers. Interest has been continually expressed to the property owners by
residential developers for multi-family development. This supports infill
development guidelines in an area designated as a transportation concurrency
exception area.
Because of these considerations and recommendations, and following discussion by the
Commission, staff was instructed to proceed with a comprehensive plan amendment and
eventual rezoning of some parcels on NE 188 Street to permit residential development
that will support and enhance prospective future development of a mixed-use, town center
in the Loehmann's area, One component associated with the rezoning of these parcels is
the creation of a new zoning district to allow thirty-five (35) dwelling units per acre.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1, The proposed amendment is legally required,
Creation of a new zoning district with site development standards consistent with the
City Commission's vision is legally required in order that developers may submit
development proposals that comply with the City code.
2
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan,
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LDR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations,
4. The proposed amendment furthers the orderly development of the City,
As discussed during the planning and visioning sessions, the proposed amendment
furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process,
The proposed amendment improves the administration or execution of the
development process in that it creates a new zoning district that provides density and
site development standards consistent with the City Commission's visions for the City,
Proposed RMF3B Zoning District Requirements1:
Sec. 31-143. Residential Zoning Districts...
(a) Multi - Familv Medium Density Residential Districts (RMF3B). The followina
reaulations shall aPDlv to all RMF3B districts:
(1) Purpose of District. The DUrpose and intent of this district is to Drovide suitable
sites for the develooment of well-olanned. environmentallv compatible medium
density multifamilv residential use in areas consistent with the City's
Comprehensive Plan Future Land Use Element. Densities shall not exceed
thirty-five (35) units per aross acre.
(2) Uses Permitted. No buildina or structure. or part thereof. shall be erected,
altered or used. or land used in whole or part for other than one or more of the
followina specific uses:
(a) Sinale familv dwellinas,
1 Under1ined provisions constitute proposed additions to existing text: stFiCkeR tllr.Qllgll provisions indicate
proposed deletions from existing text.
3
(b) Two - familv dwellinas.
(c) Triplexes and Quadruplexes
(d) Townhouses
(e) Low Rise ADartments
(t) All uses oermitted in CF district.
(g) Publicly owned recreation buildinas and facilities, plavarounds. Dlayfjelds
and parks
(11) Uses accessorv to anv of the above uses when located on the same plot.
(3) Conditional Uses Permitted.
(a) Uses that exceed the heiaht limitations.
(4) Site DeveloDment Standards.
(a) Minimum Lot Area and Width: Duplexes: Each dwellina of a two family
structure shall be located on a plot not less than 60 feet in width and
4.000 SQuare feet in area. Townhouses: Not less than 160 feet in width
and 16.000 SQuare feet in Dlot area. Where townhouse dwellinas are
desianed. aITanaed and constructed for the ownership of each dwellina
unit and the land thereunder by a separate and different owner. each
dwellina unit may be located on a lot not less than 20 feet in width. and 60
feet in depth. Each dwellina unit of a QuadruDlex shall be located on a lot
of minimum of 1.600 feet. Low Rise ADartments: Not less than 100 feet in
width and 16.000 SQuare feet in Dlot area.
(b) Maximum Heiaht: Structure Darkina shall be counted in comDutina buildina
heiaht.
DUDlexes: 2 stories or 25'.
Townhouses: 3 stories or 35'.
Low Rise ADartments: 4 stories or 45'.
(e) Plot Coveraae: The combined Dlot area covered bv all princiDal and
accessorv buildinas shall not exceed 40% of the area of the lot.
(d) Setbacks:
Front Yards: Principal buildinas frontina the public riaht..of-way. between
one and two stories. shall be setback at least 10 feet. Principal buildinas
frontina the Dublic riaht..of-wsy. three stories in heiaht. shall be setback at
least 15 feet. Principal buildinas frontina the public riaht..of-wsy. four
stories in heiaht. shall be setback at least 20 feet. For those principal
buildinas not frontina the DubUc riaht..of-wav. 5 feet additional setback
shall be added for each floor of the buildina. (Structure parkina shall be
counted in computina buildina heiaht).
Side Yards: Townhouse and Duplexes: Principal Structure 10 feet where
aDDlicable, Uoon comer plots in all zonina districts included in this section
there shall be a front vard as herein specified, and in addition thereto, a
side yard at least 20 feet in width on the side of the Dlot abuttina on the
side street. Low Rise and Mid Rise ADartments: 25 feet in depth,
Rear Yards: Principal buildinas. between one and two stories, shall be
4
setback at least 15 feet. Principal buildinas three or more stories in heiaht
shall be setback at least 20 feet.
(e) Minimum Distances Between Buildinos: Principal buildinas between one
and two stories shall be separated bv at least 10 feet at the closest pOint.
Principal buildinas three stories in heiaht shall be separated bv at least 15
feet at the closest pOint. Principal buildinas four stories shall be
separated bv at least 20 feet at the closest point. Additionallv. for each .
townhouse buildina which exceeds six units in anv one aroup. a minimum
of five feet for each unit exceedina six shall be added to the minimum
buildina separation, (Structure Darkina shall be counted in computina
buildina heiahtl.
(f) Minimum Floor Areas: The minimum floor area not includina aaraae or
unairconditioned areas shall be as follows:
Sina\e-familv unit: 1000 SQuare feet.
Multiple familv dwellina unit:
Efficiencv unit: 800 sauare feet.
One bedroom unit: 900 sauare feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 sauare feet.
Efficiencv units shall not exceed twenty (20) Dercent of the total number of
units within a buildina.
(g) Minimum Ooen Space: 35% of the total lot area. Said ooen space shall be
unencumbered with anv structure or off-street parkina. and shall be
landscaped and well maintained with arass, trees. and shrubberv.
Pedestrian walkwavs and promenade mav be counted towards open
space at the discretion of the Director or desianee.
(h) Accessibility: All multi - familv development proiects within the zonina
district shall provide a walkwav that links buildinas and parkina areas to
onsite amenities.
(i) Floor Area Ratio: The floor area ratio shall not exceed the followina,
Drovided, however. that structure Darkina shall not count as a Dart of the
floor area. but shall be counted in comDutina buildina heiaht.
Heiaht of Buildina Floor Area Ratio
1 storv 0.30
2 storv 0.50
3 storv 0,75
4 storv 0.90
(5) Abovearound Storaae Tanks. Aboveoround Storaae Tanks (AST) are
permitted as a conditional use onlv as an accessorv use and on Iv for the
purpose of storina fuel for emeraencv oenerators. ASTs must conform to the
followina reauirements:
(a) Be of 550 aallons capacitv or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
Countv Department of Environmental Resources Manaaement.
5
(c) Be fullv screened bv a masonrv or concrete wall with a self-closina and
lockinq metal door or aate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards
of the RMF3A zonina district.
Installation of anv AST shall reauire a buildina permit from the Citv.
ADPlication for buildina permit shall be accompanied bv a site plan indicatina
the location of the AST relative to propertv lines. the Drimarv structure
served bv the AST, any other structures within 300 feet as well as a
landscape plan prepared bv a Florida licensed architect or landscape
architect and other supportina documentation as deemed necessarv bv the
Citv Manaaer or desianee.
(6) Architectural Desian Standards. The followina conceDts shall auide
development in this district. in addition to other aDDlicable architectural
desian standards found in the Land Development Reaulations:
a. Mediterranean desian features shall be used includina. but not limited to
barrel tile roofs.
b. Chanaes in massina in the buildina form(s) shall be incorporated in the
overall development desian includina. but not limited to facades and
rooflines,
c. Architectural Droiections shall be incorporated into the buildina desian
includina. but not limited to awninas. canopies. balconies and columns.
d, Exterior colors used shall be liaht earth tone schemes or other color
palettes that mav be approved bv the Citv Commission.
(6) Pedestrian Promenades. Pedestrian promenades for use bv the aeneral
Qublic shall be provided alona the waterfront. Such promenade shall be a
minimum of 10' in width and shall include Iinkaae of seDarate develoDment
Darcels. Dublic use parcels and public sidewalks alona public riahHs)-of-wav.
(7) View corridors to bav or ocean. All sites abuttina a waterwav shall maintain
a visual Dassaaewav area unencumbered with anv structure or off-street
parkina area. This view corridor shall extend from the waterwav to the street
most nearlv parallel to the mean hiah tide line. The width of this view
corridor shall eaual an aaareaate area of 20 percent of the averaae of two
frontaaes on either end of the view corridor. to a maximum of 100 feet. Each
corridor shall not be less than 10 percent of the reauired view corridor,
6
Proposed revisions to the RMF3A Zoning District Requirements:
Sec. 31-143(e)(3)...
d, Setbacks:
Front yards: Minimum of 25 feet in depth,
For those orooerties on NE 188 Street. the followina standards shall aoolv:
Front Yards: Princioal buildinas frontina the oublic riaht-of-wav. between one
and two stories. shall be setback at least 10 feet. Princioal buildinas frontina the
IDJblic riaht-of-wav. three stories in heiaht. shall be setback at least 15 feet.
Princioal buildinas frontina the oublic riaht-of-wav. four stories in heiaht. shall be
setback at least 20 feet. Princioal buildinas frontina the Dublic riaht-of-way. five
or more stories in heiaht. shall be setback at least 25 feet. For each additional
storv in heiaht above 7 stories. 5 feet shall be added to the setback. For those
princioal buildinas not frontina the Dublic riaht-of-way. 5 feet additional setback
shall be added for each floor of the buildina. (Structure oarkina shall be counted
in comoutina buildina heiaht).
Rear yards: Minimum of 25 feet.
For those oroDerties on NE 188 Street. the followina standards shall aDo Iv:
Princioal buildinas. between one and two stories. shall be setback at least 15
feet: DrinciDal buildinas three or more stories in heiaht shall be setback at least
20 feet.
f. Minimum Distances Between Buildings: Principal buildings shall be separated by at
least 30 feet at the closest point or by the sum of the building heights divided by two,
whichever is greater,
For those oroDerties on NE 188 Street the followina standards shall aoolv: Princioal
buildinas between one and two stories shall be seoarated bv at least 10 feet at the
closest ooint. Princioal buildinas three stories in heiaht shall be seoarated bv at least
15 feet at the closest ooint. Principal buildinas four stories shall be separated by at
least 20 feet at the closest ooint. PrinciDal buildinas five or more stories shall be
seoarated by at least 25 feet at the closest ooint. For each additional storv in heiaht
above 7 stories, 5 feet shall be added to the buildina seoaration. Additionallv. for each
townhouse buildina which exceeds six units in anyone arOUD. a minimum of five feet
for each unit exceedina six shall be added to the minimum buildina separation.
(Structure parkina shall be counted in comoutina buildina heiaht).
(5) Architectural Desian Standards. For those oroperties on NE 188 Street. the followina
concepts shall auide development in this district, in addition to other applicable
architectural desion standards found in the Land Development Reoulations:
7
a. Mediterranean desian features shall be used includina, but not limited to
barrel tile roofs,
b. Chanaes in massina in the buildina formls) shall be incorporated in the
overall develoDment desian includina. but not limited to facades and
rooflines.
c. Architectural proiections shall be incorporated into the buildine desian
includina, but not limited to awninas, canopies. balconies and columns.
d. Exterior colors used shall be liaht earth tone schemes or other color
palettes that mav be approved bv the City Commission,
(6) Pedestrian Promenades. For those properties on NE 188 Street. pedestrian
Dromenades for use bv the Qeneral public shall be provided alona the waterfront.
Such promenade shall be a minimum of 10' in width and shall include linkaae of
seDarate development Darcels. Dublic use Darcels and public sidewalks alone Dublic
right( s )-of -wav.
Istaff reportslO1.LOR-01 amend LOR RMF3B
8
fi 31-143
AVENTURA CODE
Height of Building
Floor Area Ratio
4 story
0.80
(4) und storage tanks. Aboveground storage tanks (AST) ar permitted as a
se only as an accessory use and only for the p e of storing fuel for
emergency gen tors. ASTs must conform to the followin equirements:
a.
b.
c.
metal door or gate. Such w
Landscape Code.
d, Be located in a ner consistent with the s development standards of the
strict.
Installation 0 y AST shall require a building permit from City. Application for
building mit shall be accompanied by a site plan indicating the cation of the AST
relati to property lines, the primary structure served by the , any other
s ctures within 300 feet as well as a landscape plan prepared by a Flori licensed
architect or landscape architect and other supporting documentation as
necessary by the City Manager or designee.
(e) Multifamily Medium Density Residential Districts (RMF3AJ. The following regulations
shall apply to all RMF3A Districts:
(1) Purpose of distriet. The purpose and intent of this district is to provide suitable sites
for the development of well planned, environmentally compatible medium density
multifamily residential use in areas consistent with the City's Comprehensive Plan
Future Land Use Element. Densities shall not exceed 45 units per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses:
a. Two-family dwellings,
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low rise apartments,
e. Mid rise apartments.
f. All uses permitted in CF District.
g. Publicly owned recreation buildings and facilities, playgrounds, playfields and
parks.
h. Uses accessory to any of the above uses when located on the same plot.
Q"nn N.... !":. ("In~, .~A
LAND DEVELOPMENT REGULATIONS
~ 31.143
(3) Site development standards.
a. Minimum lot area and width:
1. Duplexes: Each dwelling of a two-family structure shall be located on a plot
not less than 60 feet in width and 4,000 square feet in area.
2. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot
area. Where townhouse dwellings are designed, arranged and constructed
for the ownership of each dwelling unit and the land thereunder by a
separate and different owner, each dwelling unit may be located on a lot not
less than 20 feet in width, and 80 feet in depth. Each dwelling unit of a
quadruple.x shall be located on a lot of minimum of 1,600 feet.
3. Low- and mid-rise apartments: Not less than 100 feet in width and 16,000
square feet in plot area.
b, Maximum height:
1. Duplexes: Two stories or 25 feet,
2. Townhouses: Three stories or 35 feet,
3. Low-rise apartments: Four stories or 45 feet.
4, Mid-rise apartments: Seven stories or 80 feet.
c, Plot coverage: The combined plot area covered by all principal and accessory
buildings shall not exceed 40 percent of the area of the lot,
d, Setbacks:
1. Front yards: Minimum of 25 feet in depth,
2. Side yards:
i. Townhouse and duplexes: Principal structure ten feet where applica-
ble. Upon corner plots in all zoning districts included in this section
there shall be a frontyard as herein specified, and in addition thereto,
a side yard at least 20 feet in width on the side of the plot abutting on
the side street.
ii. Low-rise and mid-rise apartments: 25 feet in depth.
iii. Rear yards: Minimum of 25 feet,
e. Floor areas: The minimum floor area not including garage or unairconditioned
areas shall be 1,500 square feet,
f. Minimum distances between buildings: Principal buildings shall be separated by
at least 30 feet at the closest point or by the sum of the building heights divided
by two, whichever is greater.
g. Minimum floor areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
~lInn No n
nn::l1'P'7
~ 31-143
AVENTURA CODE
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 20 percent of the total number of units within a
building,
h. Minimum open space: 35 percent of the total lot area. Said open space shall be
unencumbered with any structure or off-street parking, and shall be landscaped
and well maintained with grass, trees, and shrubbery.
i. Accessibility: All multifamily development projects within the zoning district
shall provide a walkway that links buildings and parking areas to onsite
amenities.
j, Floor area ratio: The floor area ratio shall not exceed the following, provided,
however, that structure parking shall not count as a part of the floor area, but
shall be counted in computing building height.
Height of Building
1 story
2 story
3 story
4 story
5 story
6 story
7 story
Floor Area Ratio
0,30
0.50
0.75
0.90
1.05
1.25
1.50
(4) Aboveground storage tanks, Aboveground storage tanks (AST) are permitted as a
conditional use only as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following requirements:
a. Be of 550 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking
metal door or gate. Such wall shall be landscaped in accordance with the City's
Landscape Code.
d. Be located in a manner consistent with the site development standards of the
RMF3A zoning district.
Installation of any AST shall require a building permit from the City, Application for
building permit shall be accompanied by a site plan indicating the location of the AST
relative to property lines, the primary structure served by the AST, any other
Supp. No.5
CD31:68
LAND DEVELOPMENT REGULATIONS
~ 31-143
structures within 300 feet as well as a landscape plan prepared by a Florida licensed
architect or landscape architect and other supporting documentation as deemed
necessary by the City Manager or designee,
(I) Multifamily High Density Residential Districts (RMF4). The following regulations sh
ap to all RMF4 Districts.
urpose of distriets. The purpose and intent of this district is to provide suita e sites
fo the development of well-planned, environmentally compatible medium- 'gh den-
sity ultifamily residential use in areas consistent with the City's Co prehensive
Plan ture Land Use Element. Densities shall not exceed 60 units gross acre.
(2) Uses perm ed. No building or structure, or part thereof, shall be ected, altered or
sed in whole or part for other than one or more of e following specific
a.
f.
b. High rise apart
c.
d, Publicly owned recreat n buildings and ( cilities, playgrounds, playfields and
parks,
e. ALF.
(3) Site development standards.
a.
1. Duplexes, townhou s, low-and mid-ris [apartments]: As required in the
RMF3 and RMF Zoning Districts,
2, ments: Not less than 100 fee
1.
2.
houses: Three stories or 35 feet.
b.
3. Igh-rise apartments: 40 stories or 400 feet.
Ea proposed building or structure which exceeds 100 feet in height all be
d signed and situated such that the shadow created by the sun at 12:00 no on
ecember 21 (a sun angle of 41 degrees) will not fall on any adjacent prope y
except for public road rights-of-way, Shadow studies shall be provided to th
Community Development Department,
Plot coverage: The combined plot area covered by all principal and accessory
buildings shall not exceed 40 percent of the area of the lot,
SueD. NO.5
~n~H;!l
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
r
evelopment DirecW
TO: City Commission
FROM:
Eric M, Soroka, .
DATE: October 29,2001
SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending
the zoning designation for one (1) parcel of land located at 2950 NE 188
Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium
Density Residential District; and Amendment of the Official Zoning Map of the
City of Aventura by amending the zoning designation for two (2) parcels of
land located at 3025 and 3161 NE 188 Street from TC2, Town Center
Marine District to RMF3B, Multifamily Medium Density Residential District.
(01-REZ-01)
November 6, 2001 Local Planning Agency Agenda Item ~
November 6, 2001 City Commission Meeting Agenda Item 10
January 8, 2002 City Commission Meeting Agenda Item
~~
RECOMMENDATION
It is recommended that the City Commission:
1) Approve an amendment of the Official Zoning Map of the City of Aventura by amending
the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from
TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential
District; and
2) Approve an amendment of the Official Zoning Map of the City of Aventura by amending
the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188
Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density
Residential District.
THE REQUEST
City staff is requesting
1. Amendment of the Official Zoning Map of the City of Aventura by amending the zoning
designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town
Center Marine District to RMF3A, Multifamily Medium Density Residential District (see
Exhibit "A" for property location); and
2, Amendment of the Official Zoning Map of the City of Aventura by amending the zoning
designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from
TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential
District (see Exhibit "B" for property location),
BACKGROUND
OWNER OF PROPERTIES:
2950 NE 188 Street
3025 NE 188 Street
3161 NE 188 Street
28-2203-000-0291 Alfred R Chouinard II
28-2203-000-0161 Fort Apache Inc,
28-2203-000-0310 Alfred R Chouinard
NAME OF APPLICANT
City of Aventura
LOCATION OF PROPERTY
See Exhibits "A" and "B" for location maps and
Exhibit #2 for aerial photo
SIZE OF PROPERTIES
Approximately 7,66 acres
DESCRIPTION IBACKGROUND
This past year, the City Commission has held planning and visioning sessions to discuss
future development possibilities on NE 188 Street (Thunder Alley), The City's
consultants, Wallace Roberts & Todd also attended these sessions to discuss overall
recommendations for Thunder Alley as it relates to future development of the Town
Center, mixed-use development on the Loehmann's site. Staff and the City Commission
have discussed the overall uses of the two areas and how the two areas would link and
function as separate mixed-use developments or a continuation of one mixed-use
development. During the meetings, staff has recommended that the City Commission
consider the following:
1, Is there a market for the overall proposed retail and office proposed in the City's
Land Development Regulations for the existing TC1 and TC2 districts?; and
2. The overall creation of mixed-use development on the Loehmann's site and
extending down NE 188 Street (disrupted continuation because of the Harbour
Center development and the self-storage facility) may be spreading the retail and
office uses over such a large land mass (approximately 1325 linear feet on both
sides of the street) that there was a concern that the commercial uses on NE 188
Street may struggle due to the removal of this area from the overall "downtown"
developed on the Loehmann's site; and
2
3. A higher density residential component may be required on the Loehmann's site,
than previously suggested by staff, so as to help support the large amount of
commercial uses in this area; and
4, Office and retail uses on the waterfront may not be the highest and best use of this
presently underutilized land; and
5. Property owners in the area were inclined to sell their properties to prospective
developers, Interest has been continually expressed to the property owners by
residential developers for multi-family development. This supports infill
development guidelines in an area designated as a transportation concurrency
exception area,
Because of these considerations and recommendations, and following discussion by the
Commission, staff was instructed to proceed with a comprehensive plan amendment and
eventual rezoning of some parcels on NE 188 Street to permit residential development
that will support and enhance prospective future development of a mixed-use, town center
in the Loehmann's area.
The existing uses on these parcels include existing marine industry and boat storage
facilities; a vacant building, sometimes used for boat storage; and a vacant lot with two
existing small, vacant, abandoned structures. The present uses, while not entirely water-
dependent or water-related, are private businesses that do not provide general access to
.r- the public of the water and/or views,
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Industrial and Office
Town Center
Medium High Density Residential
Business and Office
Town Center
TC2, Town Center Marine District
RMF3, Multi-Family Medium Density Residential District
RMF3, Multi-Family Medium Density Residential District
RMF3A, Multifamily Medium Density Residential District
TC2, Town Center Marine District
TC1, Town Center District
vacant lot, marine industry, boat storage
residential
residential
marine industry, concrete manufacturing
office, restaurant and self storage facility
3
Access - Access to each parcel is from NE 188 Street. Access easements are presently
in place,
Conformity to City Comprehensive Plan - The proposed amendment is conditioned on
a Comprehensive Plan amendment to change the land use designation of three adjacent
parcels on NE 188 Street totaling 7,66 acres from Industrial and Office to Medium High
Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine
District) to RMF3A (Multifamily Medium Density Residential District) and RMF3B
(Multifamily Medium Density Residential District).
Standards for reviewing proposed amendments to the Official Zoning Map:
1, The proposed amendment is consistent with goals, objectives and policies of the City's
Comprehensive Plan.
The proposed amendment will be consistent with goals, objectives and policies of the
City's Comprehensive Plan provided the City Commission approves an amendment to
the land use designations for these parcels from Industrial and Office to Medium High
Density Residential.
2. 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.
3, The subject property is 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, There are sites available in other areas currently zoned for such use,
There are sites available in other areas currently zoned for the RMF3A uses, however,
the rezoning of the sites to RMF3B is conditioned on the City Commission's approval
to amend the Land Development Regulations to create this new zoning district.
5. If applicable, the proposed change will contribute to redevelopment of an area in
accordance with an approved redevelopment plan,
As discussed during planning and visioning sessions, as referenced in this report, the
proposed change will contribute to redevelopment of an area in accordance with a
redevelopment plan.
4
-
6, The proposed change would adversely affect traffic patterns or congestion.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the provision
of traffic services,
7, 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,
Address Lot Increase in Population Overall Increase in
Size Densitv Factor Population
2950 NE 188 St 3.04 ac 20 du/ac 1,64 99
3025 NE 188 St 3,59 ac 10 du/ac 1,64 59
3161 NE 188 St 1,03 ac 10 du/ac 1.64 17
Totals 7,66 ac 175
As shown on the above table, the proposed change has a minimal affect on population
density and actually decreases the demand for water, sewers, streets, and other public
facilities and services compared to the presently permitted uses,
.-
1. Whether the proposed change would have an adverse environmental impact on the
vicinity.
The proposed change will not have an adverse environmental impact on the vicinity,
2. Whether the proposed change would adversely affect the health, safety, and welfare of
the neighborhood or the City as a whole,
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole,
Traffic Generation - The City's traffic engineers have prepared traffic generation
information relative to existing counts, previous approved uses, existing permitted uses
and the proposed amendment. The following information is calculated according to the
general land area as specified in each table, Proposed trips generated by the elementary
school and community recreation facility are also provided,
NE 188 Street Generation
Existin Tri s
AM Peak
PM Peak
130
142
5
Zoning Category
Vehicle Trips per Day
10,743
44,675
4,290
Total 6.03 acres Vehicle Trips AM Peak PM Peak
(Comm, Rec. Facility and per Day
Charter Elem, school sites)
Community Recreation Facility 1,102 204 196
and Charter Elementarv School
IU-2 (MDC industrial zonina\ 3,667 484 516
OP and CF existina Citv zoninQ 3,848 584 485
Part of the Larger Plan - As previously discussed in this report, the City Commission has
reviewed the overall concept and future of this area of the City, including the Loehmann's
area, the City's proposed Community Recreation Facility and adjacent school site, and all
surrounding properties. The City Commission has determined that the proposed
residential uses are an integral part in providing support and vitality to the proposed
mixed-use, town center development to the west of NE 188 Street. It was determined by
the City's consultants that the existing zoning on these properties (TC-2) provided for
retail and office uses that may not have been economically feasible, and in fact, may have
spread these commercial uses into areas that could not support the intensity and location,
School _ The City is proceeding with construction and management of a charter
elementary school on the north side of NE 188 Street, east of the proposed amendments
area, The proposed residential uses on this street support the need for an elementary
school and actually provide much more compatible uses for the school versus the existing
commercial and marine uses presently allowed on the street. Furthermore, the
anticipated decrease in traffic generation through reduced vehicle trips per day provides
for much more compatible uses and significant impact on increased traffic safety on the
street.
iolaff r.porlsl01-REZ~1 rezoning NE 168 51 5CD1
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EXHIBIT "B"
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ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR ONE (1) PARCEL OF LAND
LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN
CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL DISTRICT; BY
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO (2) PARCELS OF LAND
LOCATED AT 3025 AND 3161 NE 188 STREET FROM
TC2, TOWN CENTER MARINE DISTRICT TO RMF3B,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has held planning and
visioning sessions to discuss future development possibilities on NE 188 Street
(Thunder Alley). Pursuant to these sessions, staff was instructed to proceed with a
comprehensive plan amendment and eventual rezoning of some parcels on NE 188
Street to permit residential development that will support and enhance prospective
future development of a mixed-use, town center in the Loehmann's area; and
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for one (1) parcel of land
located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A,
Multifamily Medium Density Residential District; and
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for two (2) parcels of land
located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to
RMF3B, Multifamily Medium Density Residential District; and
Ordinance No. 2002-
Page 2
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 one (1) parcel of land located at 2950
NE 188 Street (Folio Number 28-2203-000-0291) from TC2, Town Center Marine
District to RMF3A, Multifamily Medium Density Residential District (see Exhibit "A" for
property location).
Section 2. That the Official Zoning Map of the City of Aventura is hereby
amended by amending the zoning designation for two (2) parcels of land located at
3025 NE 188 Street (Folio Number 28-2203-000-0161) and 3161 NE 188 Street (Folio
Number 28-2203-000-0310) from TC2, Town Center Marine District to RMF3B,
Multifamily Medium Density Residential District (see Exhibit "B" for property location).
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
Ordinance No. 2002-
Page 3
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
absent from the room
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance No. 2002-
Page 4
PASSED on first reading this 6th day of November, 2001.
PASSED AND ADOPTED on second reading this 8th day of January, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
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EXHIBIT "B"
ethe :Siiami Herat~ mIIIII
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
~
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade
county, Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of: Miami Herald, local section, Thursday, November 29,
2001.
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mail matter at the post office in Miami. in said Dade
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement.
s=;--
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FRANK TOMASINO
Sworn to and subscribed before me
This /;2. day of M ~"-yo< k-L-
A.D. 2001
~~~ .ffi~S
Lisa Ann Hernandez .
Lisa Ann Hernandez
~Comroission # DD 000617
;'-$ Expires Feb. 11,200.5
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~ I:J~ Bonded Thru
~"IP,~I\i\-' :,funtlc Bondiuv, Co.. Iri
3613 N.E. 163rd Street, North Miami Beach, FL 33162
> KN IG HT RI DOER>
CITY OF AVENTURA
i NonCE OF AMENDMENT OF
\ / CITY'S COMPREHENSIVE PLAN,
~~~';;jE;~~~#"~ AMENDMENT TO OFFICIAL ZONING MAP,
AMENDMENlOF LAND DEVELOPMENT REGULAnONS
Public Notice is hereby given that the City Commission of
the City of Aventura will meet in a public hearing on
Tuesday, January 8, 2002 at 6:00 pm to consider final
adoption of the following Ordinances:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE COMPREHENSIVE MASTER
PLAN OF THE CITY OF AVENTURA BY AMENDING THE
FUTURE LAND USE MAP DESIGNATION FOR FOUR (4)
PARCelS LOCATED AT 3000, 3020, 3131 AND 3161
NE 188 STREET FROM INDUSTRIAL AND OFFICE TO
MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
flORIDA AMENDING THE CITY'S LAND
DEVELOPMENT REGULATIONS IN ORDER TO CREATE
A . NEW. MULTIFAMILY RESIDENTIAL ZONING
DISTRICT ENTiTlED RMF3B, MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL DISTRICT, PERMITTING
THIRTY-FIVE (35) DWelLING UNITS PER ACRE AND
ACCOMPANYING SITE DEVELOPMENT STANDARDS;
AMENDMENT OF THE CITY'S LAND DEVELOPMENT
REGULATIONS IN ORDER TO PROVIDE FOR
ADDITIONAL AND REVISED SITE DEVelOPMENT
STANDARDS IN THE RMF3A, MULTIFAMILY MEDtUM
DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE~ PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF AVENTURA BY AMENDING THE,ZONING
DESIGNATION \ FOR ONE (1) PARCEL OF LAND
LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN
CENTER MARINE DISTRICT TO RMF3A, MULTIFAMilY
MEDIUM DENSITY RESIDENTIAL DISTRICT;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR TWO (2) PARCelS OF LAND
lOCATED AT 3025 AND 3161 NE 188 STREET FROM
TC2, TOWN CENTER MARINE DISTRICT TO RMF3B,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR' INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
The Public Hearing will be held at City of Aventura
Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180. The proposed Ordinances may
be inspected by the publiC at the Office of the City Clerk, ..
19200 West Country Club Drive, Aventura, Florida.
Interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinances.
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled and who need special
accommodations to participate in this proceeding because
of that 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, as Local Planning Agency, or as the governing
body, with respect to any matter considered at a meeting or
hearing, that person will need a record of the proceedings and,
for such 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.
Teresa M. Soroka, CMC, City Clerk
CITY OF AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENC~
NOTICE OF AMENDMENT OF
COMPREHENSIVE PLAN, AND
NOTICE OF AMENDMENT TO
OFFICIAL ZONING MAP
Public Notice is hereby given that the City of Aventura Local
Planning Agency will meet in a public hearing on Tuesday, January
8, 2002 at 6:00 pm to make a recommendation regarding the
adoption of the following Ordinances:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE COMPREHENSIVE
MASTER PLAN OF THE CITY OF AVENTURA BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THREE (3) PARCELS LOCATED
AT 3016,3030, AND 3205NE 188 STREET FROM
INDUSTRIAL AND OFFICE TO MEDIUM HIGH
DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
___e-"'iii'1H<ST"~_e_e~) :
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and
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE OFACIAL ZONING
MAP OF THE CITY OF AVENTURA BY AMENDING
THE ZONING DESIGNATION FOR FOUR (4)
PARCELS OFLAND LOCATED AT 3000,3020,3131
AND 3161 NE 188 STREET FROM TC2, TOWN
CENTER MARINE DISTRICT TO RMF3B,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAl
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
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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 Ordinances.
A Comprehensive Plan is a State of Florida required document that provides
the City's specific Objectives through the following elements: Future Land
Use Element, Infrastructure Element, Capital Improvements Element,
Coastal Management Element, Recreation Element, Intergovernmental
Coordination Element, Transportation Element, Urban Design Element and
Economic Development Element
The Public Hearing will be held at City of Aventura Government Center,
19200 West Country Club Drive, Aventura, Florida, 33180. The proposed
Ordinances may be inspected by the public at the Office of the City Clerk,
19200 West Country Club Drive, Aventura, Florida, Interested parties may
appear at the Public Hearing and be heard with respect to the proposed
Ordinances.
In accordance with the Americans with Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in
this proceeding because of that 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
en"ure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
Teresa M. Soroka,CMC, City Clerk