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02-05-2002 City r.nrnrn;_lno Jeffrey M. Perlow, Mayor The City of Aventura (W"'" . . ~'" . ~~-,~..",~/' aty M.n__. Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert City Clerk Teresa M. Soroka, CMC Ci(y Artom~" Weiss Serota Helfman Pastoriza & Guedcs AGENDA FEBRUARY 5,2002 - 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: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 3i-144(f)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 20 FEET WHERE A 50 FOOT SETBACK IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 21100 NE 28 AVENUE, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. Fclmry S, 2002 C,."",;";,.,, MeetiDc B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(f)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FLOOR AREA RATIO OF 1.35 WHERE A MAXIMUM FLOOR AREA RATIO OF 1.28 IS PERMITTED BY CODE FOR THE EXPANSION OF THE AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: Certificates of Recognition to Police Department Employees nominated for LEO Awards, presented by the Law Enforcement Foundation of Miarni 6. CONSENT AGENDA: MatteTS 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 ofthe Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: January 8,2002 Commission Meeting January I7, 2002 Commission Meeting January I7, 2002 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) C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-014 FOR PROFESSIONAL DESIGN SERVICES FOR THE COUNTRY CLUB DRIVE STREET LIGHTING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF A VENTURA 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. (Authorizes City Manager to execute Work Authorization with Craven Thompson for Countty Club Drive Street Lighting Improvements Design Services) 2 Fclmry S, 2002 C,."",;";,.,, Ma:IiDg D. MOTION TO AUTHORIZE CITY MANAGER TO ADVERTISE FOR CULTURAL CENTER FOUNDATION MEMBERS E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ADJUSTING THE 2001/02 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 RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Provides for transfer of funds to the Community Recreation Center and Charter School Land Acquisition Projects) F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CHARTER CONTRACT FOR THE A VENTURA CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY OF A VENTURA AND THE MIAMI-DADE COUNTY SCHOOL BOARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute charter contract with Miami-Dade County School Board for the Aventura Charter Elementary School) G. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 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. (Adds 5 police officer positions to implement Aventura Mall Police Services Agreement and provides additional revenues for the Community Recreation Center Project) H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO. 2 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN OWNER (CITY OF A VENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE COMMUNITY RECREATION CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE II AT $5,138,682; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY 3 Fclmry S, 2002 C,."",;";,.,, Mediag OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Establishes the Guaranteed Maximum Price for the Conununity Recreation Center and authorizes work to commence) I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT BETWEEN THE CITY OF A VENTURA AND A VENTURA MALL VENTURE, WHICH REPLACES THE AGREEMENT DATED AUGUST 1, 1998; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Adopts new Police Services Agreement with Aventura Mall to place 10 full-time police officers on the Mall premises with cost partially offset by the Mall) 7. ORDINANCES: FIRST READING/PUBLIC INPUT: A. 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 THREE (3) PARCELS LOCATED AT 3016, 3030, AND 3205 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. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND DEFINITIONS; AMENDING SECTION 31-171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND PARKING REQUIREMENTS FOR MIXED-USE DEVELOPMENT; AMENDING SECTION 31-191 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR SIGNAGE REGULATIONS FOR PARKING STRUCTURES; AMENDING SECTION 31-233 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR REGULATION OF OUTDOOR ACCESSORY FURNITURE; AMENDING SECTION 31-239 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR CLARIFICATION OF STORMWATER DRAINAGE REQUIREMENTS; AMENDING SECTION 31-272 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING USES AND STRUCTURES; AMENDING SECTION 31-273 OF THE CITY'S 4 Fclmry S, 2002 C,."",;";,.,, MediDc LAND DEVELOPMENT REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING USES AND STRUCTURES; 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 3333 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO CF, COMMUNITY FACILITIES 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 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 A VENTURA 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. C. 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. 5 Fclmry S, 2002 (',."",;";,.,, !.feding D. 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. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None 11. PUBLIC COMMENTS 12. REPORTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP LOCAL PLANNING AGENCY COMMISSION MEETING FEBRUARY 21, 2002 MARCH 5, 2002 MARCH 5, 2002 9AM 6PM (following 6 PM LPA) 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 Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: January 29,2002 TO: City Commission FROM: Eric M. Soroka, Cit BY: Brenda Kelley, Co SUBJECT: Request of Aventura Hospital & Medical Center for variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a front yard setback of 20' where a 50' setback is required by Code for the Central Energy Plant to be located at 21100 NE 28 Avenue. (01-VAR-02) February 5, 2002 City Commission Meeting Agenda Item "3 A RECOMMENDATION It is recommended that the City Commission approve the request to allow a variance to allow a 20' front yard setback where a 50' setback is required by Code. THE REQUEST The applicant, Aventura Hospital & Medical Center, is requesting a variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a front yard setback of 20' where a 50' front yard setback is required by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Miami Beach Health Care Ltd. (Aventura Hospital & Medical Center) ADDRESS OF PROPERTY 21100 NE 28 Avenue (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY 2.06 acres LEGAL DESCRIPTION Lots 17 through 24 inclusive, Block I, Lots 11 through 24 inclusive, Lots 29 and 30, Block J, Hallandale Park No.6, according to the plat thereof, as recorded in Book 17, Page 56 of the Public Records of Miami-Dade County, Florida and that part of the right of way of NE 27 Court (Berkeley Avenue) lying between said Block I and Block J as vacated by City of Aventura Resolution 2000-41. Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East Properties to the West MO Medical Office District MO Medical Office District MO Medical Office District MO Medical Office District U FEC Railroad Right of Way Existing Land Use - Subject property: Properties to the West 2 residential duplex buildings and temporary parking lot for hospital Nursing Home Medical Office Building WASA Pump Station and Hospital Parking Garage 2 residential duplexes and FEC Railroad lands Properties to the North: Properties to the South: Properties to the East Future Land Use - According to the Citv of Aventura Comorehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East Business and Office Property to the West Business and Office The Site - The site is located on NE 28 Avenue in the block bounded on the south by NE 211 Street and to the west by East Dixie Highway. The Palm Garden Nursing Homes lies to the north. The property contains two residential duplex buildings in the southwest corner which are now being used for construction offices by the hospital's contractor. The buildings will be demolished for construction of the proposed Central Energy Plant. (See Exhibit #4 for photograph of structures to be demolished). The balance of the site is temporary parking for the hospital which is no longer required since the new parking structure is operational. This portion of the lot will now be used for temporary construction offices and storage during Phase B of the hospital construction. 2 The Project - The applicant proposes to build a Central Energy Plant, Cooling Tower enclosure and Medical Gas enclosure to serve the hospital expansion. The energy plant building is 6,400 square feet and will contain generators and chillers for emergency power generation. The 2,585 square foot cooling tower enclosure will house three cooling units for the heating and ventilation system. The medical gas enclosure is approximately 1,024 square feet and will contain medical gases in cylinders. The west side of the compound will be screened by an eight foot high masonry block wall and landscaping. This wall will continue along the southerly limit of the site to the sliding gate at the exit drive on NE 211 Street. The north side of the property will be enclosed by an eight foot high picket fence and screened with landscaping. The entrance to the site will be at the north property limit on NE 28 Avenue. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments. The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The Aventura Hospital has purchased 24 lots in the block bounded by East Dixie Highway to the west, NE 28 Avenue to the east, NE 211 Street to the south and the Palm Garden Nursing Home to the north. (See Exhibit #5 for survey of property limits) The Central Energy Plant, cooling tower and medical gas enclosures are proposed at the southeast limit of this block to be as close as possible to the hospital building and to minimize the impact on existing development to the north and west. Its location also maximizes future development potential of the remaining lots in the block. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. 3 The hardship at this location is caused by a number of factors unique to the site and to the redevelopment of the Aventura Hospital campus. The power plant is required for emergency power generation for the expansion project and needs to be as close to the hospital building as possible to maximize efficiency of the systems. There are existing developments to the west and north of this site. The power plant has been located to minimize the impact on these existing developments to the north and west. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other properly within the vicinity. The conditions are unique to this site and are not applicable to other locations. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The need to site the power plant as close to the hospital building and the desire to locate it as far away as possible from existing developments creates the need for a setback variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The compound is enclosed with a masonry wall, fence and screened with landscaping. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. n The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. It is recommended that the request be granted subject to the following conditions: CONDITIONS 1. Plans shall substantially comply with those submitted as follows: 4 . "Aventura Hospital and Medical Center, Phase B - ORlED/ICU Addition Master Site Plan (Phase B)", prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 2/21/00, revised 9/17/01, 11/5/01 and 12/28/01, signed and sealed 12/28101. . "Aventura Hospital and Medical Center, Phase B - Central Energy Plant, Site Plan, Sheet 3 of 3", prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 10/11/00, signed and sealed 12/4/01. . "Aventura Hospital and Medical Center, Phase B - Central Energy Plant, Landscape Plan", prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 10/11/00, revised 10/1/01, signed and sealed 12/4/01. . "Aventura Hospital and Medical Center, ORlEDIICU Addition" , Sheet A2.1 PH, prepared by Gresham Smith and Partners, dated 04/16/01, revised 9/17/01, signed and sealed 1/16/02. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. The applicant shall provide an executed Unity of Title, in a form to be approved by the City Attorney and City Manager, or replat the site, prior to issuance of a building permit for the development. 5 f U_VL.l ~ L..LJ RHON ERNEST-JONES CONSULTING ENGINEERS, INC. Or-r ti. ,.. ".-.., "'1 . \,. i i...~. ...... Lw j '-- CIVIL ENGINEERS . LAND PLANNERS TRANSPORTATION PLANNERS . LANDSCAPE ARCHITECTS COMMln~!TV DEVELOPMENT 01- ,vM-OL {/€--U tS,e J December 27,2001 City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 Attn: Brenda Kelley, Director Re: AVENTURA HOSPITAL (PHASE B) O.R./ E.D./I.C.U. ADDITION VARIANCE FOR BUILDING SETBACK Our Job No. 99-1107-0000 Dear Ms. Kelley: Please accept this as our letter of intent for the subject. The facility is located on the northwest corner of Biscayne Blvd. (US 1) and N.E. 2091h Avenue. The proposed building for which this application is being filed is the Central Energy Plant, located on the northwest corner of NE 28th Avenue and NE 211 Street. The zoning is Medical Office and the land use is Business and Office. A detailed description of the requested variance is as follows. The site plan for Phase B of the hospital expansion, comprising the O.R. / E.D. / I.C.U. addition, and the construction of the Central Energy Plant is under review by the City. The City's preliminary review comments require that a variance be sought for a reduction in the front setback on the proposed Central Energy Plant. The Central Energy Plant, shown on the attached plan MSP-1, is located on a lot presently occupied by two vacant residences and a temporary parking lot. A Unity of Title for this lot is being forwarded to you under separate cover. The vacant buildings are owned by the hospital, and are scheduled for demolition to make way for the Central Energy Plant. This will service the hospital addition's needs for emergency power generation, cooling towers for the heating and ventilation system, and medical gas supply. The site has 'been chosen to be as close to the hospital as possible, to minimize pipe and cable runs, and thereby increase energy efficiency of the systems. Another factor considered in the location of the Central Energy Plant is its proximity to the nursing home to the north and west of this parcel, and residential property to the west. The proposed location, being as far east as feasible, will reduce the impact of noise from generator operation on the adjacent nursing home and residential properties. The code minimum setbacks are shown in section 704.6.4(c). This variance specifically requests a reduction in the front setback on NE 28th Avenue from fifty feet to twenty feet. We consider that this case meets the criteria for granting a variance, as stated in the Standards of Review (section 506.5 of the Land Development Code), and we respectfully request that this variance be granted. EXHIBIT #1 2840 UNIVERSITY DRIVE . CORALSPRINGS,F 01-VAR-02 44.9855 . Fax: 954.341.5961 Professional Engineer License: EB6451 \'I Landscape Architect License: LCOOOO367 CITY OF AVENTURA 12/27/01 Page 2 The following were previously sent under separate cover: fully executed original application form, review fee check, deposit check for advertising, photographs showing existing conditions, building elevations, C.E.P site plan and landscape plan. In addition, we are now enclosing 12 copies of the master site plan for your review in connection with the variance application. 12 copies of the survey will follow, together with the Unity of Title referenced above. Your attention to this matter is appreciated. Please do not hesitate to call with any questions. Very truly yours, ~,-- JL. Graham Ernest-Jones Vice-President Ene!. cc. Jay Miranda Norman Leopold, Esq. Rhon Ernest-Jones Consulting Engineers, Inc. BROWARDCQlJNtY "ri~r~?:(l: . ... SITE : I l::XHIBIT #3 01-VAR-02 -a :J: o -I o G) ~ -a :J: " m -< 3: )> -a , .~ .... <, .. x I l11U1C1l_ .-- ,...... /' ~~~ I ", ... I <" ~ / ~& I :'\...J.. '" . " "'\ iii- / ; I ,AVEMENT I t'lUI:IIl.lI'M1ID: e.. I .if> :~ ...,.~.., ~.. ; I 1 10 000 ~" ~ g II Li 0 1\ :i g~ u; R' 81 ~~ ~ 8 ~lii C>> 0 - q 0 l:;: ~~I~O 6 ~ '118 ~ r~ ~ I tIl- I ~~~~ ~ " ~ 'i! ~ 12!:2o" " Z JJ" " . io " I G'l-< !:! " " 1:1I o o o o eo .~~ '118 00'8 260-- o ~R'~8 1~(l_8 ,'Ii, IOr"'O ,:::,m '0 (..1:20 ",."o~ 01""0& '" 0 81 o o o o o~ o 0; o o o o o o o o o o Cbooo NOO'l 1 '54"E .It"Q '. L".' .. ~ tIl- l' ~~~ ~ g!:2 0 ~~ t5?;! ,,- is" OF.., t .. I !q,' ,~ I . lib I I <q. ~ ;0 _.::.. '... I I I x ~...,~~ .... ~I 'l.ENUE_ _ _ '... Ie I pi EXHIBIT #4 01-VAR-02 - 'b ~"''' ------- - ....- ......... N" l: ...D..7...__:L..J..:....._ -!;,~- I ~p p 1 2 IDSC0001.jpg 3 IDSC0002.jp9 4 I DSC0003. jpg I I DSC0004. jpg 5 6 !DSCOOOS.jpg 7 I DSC0006. jpg 8 I DSC0007. jpg I I DSC0008. jpg 9 10 I DSC0009. jpg IIDSC0010.jpg . !-t:r ~ ~ ~ ~ '. ~ ~ .: ~ "\-r--~-- , 'I , i!1 l' ,I " . M . '. , , ..-----~...~ ~ " II:~: I ,~, EAST DIXIE H~aHWAY .~ - -:-- - ---- - -'l:::)~ ..."il I: ~ , j~ I:. o,,;j1 ;~ ~e';r'li ~ ..' i~ .. ..~i .~.., II" " ". l,' " 2 :-T-;- '. ~ ~'l. .::......\_~_+ .~ I :.-_""i ..,<>/ 1';" II h ' .'1. E' ,. " . I , i :::;'" ~ i ,,--I ~ Iii -,: 1" ----, , , ' ~ - . !~~i Jl;~ '. ~~i~~ s~ ~ -~-~ / ,. " '. I a ~ I-i# i' j 'Ilti' j'! "Ui " " ~- ._--1 --J 'M ___--J - f-.-.-:J ~.., --:--I'- ~" . . ....:.... L---1 ',I I I I I I -1 I J______ /' ~ . !!:: Q) , ..~. \" '-'---, ~ .' '. . "'=".~=-il~~' if E. <Ii 'I ..".!I---.....-------~---....____- -... ~ ~ ;:! ::-=-::..... - EXHIBIT #5 o1-vAR-02 -," 11 i l~ _ II it '. r r 11:1 .:.;;' t'!' ~I ~ 'il '8 '.' S :;; 'l! I;:: il 'j '." ! '.~ TOPOGRAPHIC SURVEY AVENTURA HOSPITAL & MEDICAL CENTER CITY OF AVENTUAA. MIAMI-DADE' COUNTY. FLORIDA. "'ORTI". ~E.-\VY. SKILES. II\C. ~ cO,,""I,C m'''ERS. SUmYORS . "'PPERS. ,... -....... ,-~ .....,/.....~ ........ _, nww... :.3,'" : \ .--....-...""...__."X/__... Jl....1 -......- I~ . ."...o;..or APPLICANT REPRESENT A rIVE AFFIDA vIr Pursuant to Section 31-71 (b)(2)(ij olllle City of Aventura land Development Code, this twrlCaJlt Representative Affidavit is hereby made and submitted. The undersigned authorized representative olllle individual or entity applying lor the Development Panni!, which is identified illlle accompanying application, and lhe owner 01 the property subject to the apprlCalioo [d differenQ hereby lists and identifies aU persons representing the individual or enli\y applying for the Development Perm~ il connection with the apprlCalioo. as Iollows: Name Status of Representative (i.e. Allomeys. AIt:tNledS, Undscap6 M:hjfedS, Engin..1S, lobbyists. flC.) NIMI EIUVE"~T- JONES (11l/!i/07N(,...;;:f.;t!/v't-'2?ZZ, 1m'. - Ccll/J'u L-711,v ~ (' IV/L DI(INtTie- Lflr./OJ'O#'F /f/U# 17l:-7' T , (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. WITNESS MY HAND THIS ~DAY OF 0~, 2001. OWNER . I By: \)~~ (~nature) /J I Name:-U>> t//dL m UJ.H:o/le l~'nt} TiUe: ell." -j21?:Jd:.~ VI! oIJ9c.e..r' Address: ~~t1O .47;S~nt!' .6'/vd'. ~&1h..r~. k 83/J0 , AUTHORIZED REPRESENTATIVE OF APPLICANT: ez.,c-- - ~ . /) (Signature) . _ Name: (-neA'1H1JV1 EhVFJ"7 - JOIv'Fj' .' (Print) TiUe: VICF f1teE<f /I)E)/ T Address: 28 '-/0 tMl1V81!J'17 I)/Z.. (};R./lL JbcwC r n.. 3,1070 / By: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me lhe undersigned authority personally appeared .sL1.u;tt 111. Wv d as lhe authorized representative of lhe Applicant andlor the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit lor the purposes stated therein and lIlat ~ is true and correct. . .J (I\ AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME lhi~y of vu.e..Ju" ~ ~.U llEllESALIlU8H Notary Public Stale of F~Al Large I ~/, MYCOMMISSION.CC934007 Printed Name of Notary ~"'.il__ EXl'tRES: May 7. 2004 My commission expires: 517 If) 1/ ..........-.-- o BUSINESS RELATIONSHIP AFFIDAVIT" This Affidavit is made pursuant to Section 3t.71(b)(2)(i~ of the City of Aventura Land Development Code. The undersigned Afflaf1t hereby d'lSCloses~t ( ith 'x' applicable portions only) . Afflaf1t does not have a Business Relationship with any member of the City Commission or any City Milsory Board to which the apprlCation will be presented. [ 12. Affiant hereby discloses that n does have a Business Relationship with a member of the City Commission or a . City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Moiisory Board upon which member serves). The nature of the Business Relationship is as follows: [ 1 i. Member of City Commission or Board holds an ownership ilterest in excess of 1 % of total assets or capital stock of Applicant or Representative; ( 1 n. Member of City Commission or Board is a partner, co-sharehokler (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or 01 his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ 1 vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~AY OF ()t>fl;......k/ .2001. By: Name: Trtle: (Signature) (Print) (Print) WITNESS MY HAND THIS ~ DAY OF v'J:?" p~/ ,2001. , , PROPERlY OWNER: By: f51I"1F -?s Ill'h/{I'IWT Name: litie: (Signature) (Print) (Print) 'The tenns 'Business Relationship,' 'Client,' 'Customer,' 'Applicant,' 'Representative' and 'Interested Person' are defined ;n Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS _DAY OF .2001. REPRESENTATIVE: (listed on Business Relationship Affidavit) By: (Signature) By: (Signature . Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TItle: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TItle: (Print) TiUe: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TItle: (Print) TiUe: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TItle: (Print) TItle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) TiUe: (Print) Note: Use duplicate sheets If disclosure Intormatlon lor Representative varies. NOTARIZATION PROVISION STATE OF FlORIDA ) COUNTY OF MIAMI-DAllE) 88b1 ow. .... lIldefs9lod Ularity, pelSllMIy epptWl.;").LI//J, 111. Cr/1I.h AlIiant. Ydlo beilg first by me ~ _ did swear or aIlinn tat heIsho IllIlCUIed Ihis _lor.... puqlOSIS staled !hellin and Iholl is IruI and CCCIICl ~,cf.., /1/. fu.r?OhfL- 21'-.1 ~ SWORNTOANDSUBSCRIBEDbeloromelhis.2-dayol .' /'2001.1. ' I . ."'11:>. 11lERESALBUSH "" A J A.<AI..-/ . :"'e, MYCOMMISSlONtCC934007 ~IbIicStateof~~Urge . .-' EXP I<SA. L. A . _. " ......~':;.,May7,2tlO4 Printed Name 01 Notary , """!"""""'" My .. . CXllMllSSlOC\I""ns: STATE OF FlORIDA ) COUNTY OF MIAMHlAllE) 881oro ow, .... IIldatsignod aulhorlly, perscnaly epptWl heIsho IXllQlfod !his _lor.... pIllpOS8S staled ......in and Iholl is IruI and CCCIICl !he Mian~ who beilg first by me duly sworn, did swear or IIfinn Ihal AFFIANT SWORN TO AND SUBSCRIBED be"'re me Ihis _ day of 2001. Notal'f NlflC State 01 Florida AI Urge Printed Name of Notal'f My commission Ixpires: STATE OF FlORIDA ) COUNTY OF MIAMI-DADE) Belore me, Ihe undlrsigned authority, personaIly appeared hoIshe ellllCUled Ihis Alfidavit for Ihe pulJlOS8s stated lherein and lhat I is IruI and CCCIICl Ihl Alf"",~ who being fllSt by fNl duly sworn, aid swear or affllll1lhal AfFIANT SWORN TO AND SUBSCRIBED beloro me Ihis _ day 01 2001. Notary Plblic State of Florida AI Urge Printed Name 01 Notal'f MY_Illpires: STATE OF FlORIDA ) COUNTY OF MIAMI-DADE) Beforl me, Ihl undersigned aulhorlly. personally Ippeared hoIshe IxtOlted Ihis Alfldavit for Ihe purposes stated lherein and Ihat I is trul and OlIToct. Ihe Affian~ who being Iicst by me dUly ....,m. did swear or affirm lhal AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 2001. Notal'f Plblic State of Florida AI Urge Printed Name of Notal'f My commission I""ires: ~. . BUSINESS RELATIONSHIP AFFIDAVIT" Au77,ItJ.II?/u-V ~/lE J'uv7'f-77J/F This AIlidavit is made pursuant to Section 31-71 (b){2){iq of the City of Aventura Land Development Code. The undersigned AffIant hereby discloses that (mark with 'x' applicable portions only) , [~. Affiant does not have a Business Relationship with any member of the City Commission or any City AdvisoiY Board to which the application will be presented. [ ] 2. Affiant hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (Ust name of Commissioner or AdvIsory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ I i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] i1i. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative: [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10.000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25.000.00 of the busIness of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS /6 DAYOF IJ~M<fau ,2001. APFLlCfIlIT. ,4u.77,(J,<!/ Z PV ,(ly7 ;t!E;f"(-70./ 77177 ve By: (~- ,J~ (Signature) Name: &'MI-I/lMEXNE:f/-::mIl/FJ' (Print) Trtle: V/tF 1'1eE.r/tJE7VT (Print) ~N' /DZNEJ'7 - ~N'ec.J CoN.rVi'lJlo/G- Give/NEVe); //v'(' . WITNESS MY HAND THIS Li:!!::. DAY OF '])Ef'.fl"1ISER- , 2001. PROPERTY OWNER: By: Name: (Signature) (Print) (Print) 'The terms 'Business Relationship," "Client," "Customer," 'Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura Cay Code. WITNESS MY HAND lHlS _ DAY OF .2001. REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: . Name: (Print) Name: Title: (Print) Title: By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtte: (Print) By: (Signature) (Signature Name: (Print) (Print) Title: (Print) (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtte: (Print) By: (Sig7 By: (Signature Name: (Prin Name: (Print) Title: ( rint) Trtle: (Print) By: By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtte: (Print) / Note: Use d~ficate sheets If disclosure Information for Representative varies. i , / / NOTARIZATION PROVISION STAn: OF RORIDA ) COUNTY OF MIAMI-DADE) Be"" me.1I1e undenigned authority. personaly ~Ht1h ~J'iJ~YM Affiant, who being IirsI by me duly """"". did ....... Ot affll11llhat heIsIle eXllCUted 1lI~ Af!idaW for lha purposes stated thelOin and the! I ~ Irue and COI'I8Ct ~;fAHII'" t:RukS7-:JlWeJ" AFAANT SWORN TO AND SUBSCRIBED before me 1lI';J"'L day QI lu'.cmM;e, 2001. / rinted Name 01 Notary Myoommission axpires: -;1/9/01 STATE OF RDRIDA ) COUNTY OF MIAMI-DADE) Be"" me. the undersigned authority. personally appeared hl>'she eXllCUted 1lI~ Aftidavit for the puoposes stated thelOin and that I ~ Irue and COI'I8Ct II1e Affian~ who being first by me duly """"". d~.al1irm that // / AFFIANT SWORN TO AND SUBSCRIBED before me 1lI~ _ day 01 2001. / Notary Public State Id Large Printed Na Notary My expires: // STAn: OF RORIDA ) COUNTY OF MIAMI-DADE) Be"" me. the undersigned authority, personaRy appeared helsl1e eXllCUted 1lI~ Affidavit IolIl1e puoposes stated thelOin and lhat I ~ lrue and SWORN TO AND SUBSCRIBED before me 1hls_ llIe Alflan~ who being r.st by me duly swom. did swear Of afflfl1l lhal AFFIANT 2001. Notary Public State 01 Florida Id Large Printed Name of Notary My oommission expires: STAn: OF RDRIDA ) COUNTY OF MIAMI-DADE) Before me. the und ad aulho<ity. personally appeared helsl1e exeOJted th~ Alfidavit the purposes stated thelOin and that I ~ lrue and coneeL the Afflan~ who being rll>l by me duly swom. did swear Ot affirm lhat AFFIANT S RN TO AND SUBSCRIBED before me th~ _ day 01 .2001. Notary Public State of Florida Id Large Printed Name 01 Notary My oommission expires: RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(f)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 20 FEET WHERE A 50 FOOT SETBACK IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 21100 NE 28 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Miami Beach Healthcare Ltd., through Application No. 01-VAR-02, is requesting a variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a 20 foot front yard setback where a minimum front yard setback of 50 feet is required by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a 20 foot front yard setback for the Central Energy Plant where a 50 foot front yard setback is required by Code, on property legally described as follows: Lots 17 through 24 inclusive, Block I, Lots 11 through 24 inclusive, Lots 29 and 30, Block J, Hallandale Park No.6, according to the plat thereof, as recorded in Book 17, Page 56 of the Public Records of Miami-Dade County, Florida and that part of the right of way of NE 27 Court (Berkeley Court) lying between said Block I and said Block J as vacated by the City of Aventura Resolution No. 2000-41 is hereby granted exclusively to the Applicant, subject to the following conditions: 1) Plans shall substantially comply with those submitted as follows: Resolution No. 2002-_ Page 2 . "Aventura Hospital and Medical Center, Phase B - ORlED/ICU Addition Master Site Plan (Phase B), prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 2/21/00, revised 9/17/01, 11/5/01 and 12/28/01, signed and sealed 12/28/01. . "Aventura Hospital and Medical Center, Phase B - Central Energy Plant, Site Plan, Sheet 3 of 3, prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 10/11/00, signed and sealed 12/4/01. . "Aventura Hospital and Medical Center, Phase B - Central Energy Plant, Landscape Plan", prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 10/11/00, revised 10/1/01, signed and sealed 12/4/01. . "Aventura Hospital and Medical Center, ORlED/ICU Addition", Sheet A2.1 PH, prepared by Gresham Smith and Partners, dated 4/16/01, revised 9/17/01, signed and sealed 1/16/02. 2) Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3) The applicant shall provide an executed Unity of Title, in a form to be approved by the City Attorney and City Manager, or replat the site, prior to issuance of a building permit for the development. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner 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 3 PASSED AND ADOPTED 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 __ APPUCANT REPRESENTATIVE AFFIDAVIT .).1~1b~ft' -" PulSuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Repr~ r hereby made and submitted. The undersigned authorized represantalive of the individual or entity applying for the Development Permit, which Is idantifled In the accompanying application, and the owner of lIta property subject to the application Cd odlerant) hereby isls and identifies aU persons representing lite incfMdual or entity applying for the Development Penn~ it connection with the application, as Iollows: Name Relationship p... AIlllmop, AIcI1IIods,l.IIndsc:apo An:i1/Iods, EnginHts. LDbbjoisls. Etc.) JA'II4/U/AlIJA. J'eN/O/& VI' ,/1',pU(~ ~.e.E,rE?mmVtF e/l/t;F O,pEX#'?J";~ tl17'7C'6-?Z- AV&I?U.e.4 #oJ'p/,T>>t.. r;v7tfV/@(...Ct.w7J!1U (Altacll Adcfilional Sheets" Necessary) NOTICE: Atri STATEMENT OR REPRESENTATION MADE BY Atri PERSON USTED ON THE APPUCANT REPRESENTATIVE AFRDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFFIANTS ARE ADvtSED TO TIMELY SUPPLEMENT THIS AFftDAVIT PURSUANT TO SEC. 31-71(B){2)(1V) OF THE ClTY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROvtDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ~,.t.. DAY OF JtVlL/.4./Y , 2~ A~ REPRESENTATIVE OF APPUCANT: Br. ~na? Name: ~r M/tUNIJA (Print) Tille: dl!N/O/2J V,p /lTvO C/)O Address: 2090! A/oC/lVA/F 1?1.VIJ. 4v{!)v''1/d.A .Ft- 33/6'0 " STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) --- Before me lite undersigned authority personally appeared Jtf y /)t ;,-<VI dIL as the authorized representative of the Applicant and/or lite owner of lite property subject to the application. who being fllSt by me duly sworn, did swear or allinn that he/she executed this Affidavit for the purposes slated lIterein and that ~ Is true and correct _ ':;CL~ /;t;rP-AtJ!.~ . AFAANt . .~~..~.~- Notary Public State of ~ Large /l Printed Name of Notary /,/-].~"..fA..'.I4/~f() My commission expires: n..~. (.';"'" i , OWNER (J By: ~~ (~~/tu/Jr~ Name: O~ _C- (!/llU!tlN~ (Print) Tille: {! E7J Address: 20700 8/J'c,ry/o./r A'LNJ. 4Vl!N7/.{M R- ,/ lo-'l :Ii. -- SWORN TO AND SUBSCRIBED BEFO~~\~lIIirr/ day of, //i nU/JJ! ~~"'<."'~ L C4~' ~ ~~...... ........ '7'u-&~,.; ~~VJ..~y.\SSION4;',V ~ ~ "~_'Io.'l!.~;,2Oa 1--i- ~ .:: :~ V" 9' vp'. 'S :: :~ ~*= =*: .... : = ~ ~ ~. tDD 081373 i ffi i: ~-0'..~ ~"'cr~ ~""..o.'~~~ .'r..;~ ~fr '. '1IlIIIC .- '<.~~ '" IC. 51 ~ ~" //""'11I1""" 1 - 30-2002 3 ':~3I-'M 'Jan 3D D2 D2:14p ~KUM I I II I I I II I I I I I ~~~~~~ . ~ RaA110HSIIP AFfI)AVtr lllilHlillVllls.. pIIISUIlIIlO S....d1-7ItIIM aI.. arol_la1dOo Il'r-oC Code. Th...'dt 19 IS NllMIlonIbV cllsdaIIS flIt"-. 't' 1!lIJlieI'''' pOlIIIIli anIII ~1. MIIIl does g '- a"" n .. 1IIlip"1IIW -- ol'" car 0 ,oo' . -IIII' IlIf CIty AdwIIaIy e.dlOwhIcII.....t ",-.t.rll"tIod. 1\2. AIGanl,*",cI&cIotM....-_alUi1llMlllll1 ~""anllllt>etOl"Clyo..dT' . ,ora ar fltMWtllOMllo""'", - ....- .....--.. ~ _ ~ _ ol Can~ or MiWY IIllaIll MImllItlIlllo - on" \l.Isl car 0... 1 . . or CIIy NtIWt IIllaIll IIpCII\ whIr:II - -I. . The naUe ol"'- 1I1111'_1s aslaillMS: III ..... ol ClJ o..M' Illn llIlloM1 hIIldsanClllll-"ilo il*RIlto -- ol1"ClIlOll11....or .....Ib*ClI,...arfllll!.U ",8; Member aI Cly 0._ ~ : ,or 90InI u..... ClHIl-4I_ tis" ..- ola w/II~llllDl' whIr:IIalWlllll'*' on..,........ Gr .........1IldlqtI III jDIM............ ~or ~,,_....wdIlI; III The ~ or Il$pIll T Ills . (;11ft "'............ CIW o....LI'l'I or lloIIdor a a.n alanlllllat..:I1.' .~fIom"'_olIlCeorlcr",,_""'."lMIIIllllfol" City CanuI><M...1laeId; liar 00mrIl1l11fIIIdlor lloatd............ aClilltGl"'~""~ The ~ or RI\lo_.IllI...a CuIIcIm8f G1.. .......01... CIlyQllllllllllll1"or Ilocd \or al his or hIr ~ InCI tnICII_11an S1Il,\lOOAlO aI'" -- Ill.......... 01... CIly QIImIlsStOI.orllllatd (arNl.............., to. ~ CllIInCIIr yIIl; 11"'- 1!Ie...... "'... CIly ~ llfllOMl.a CIlIolMI CIl"'lCl\*Illlor Aoto--- and __ _ .... $2!i,lIOI)'JO GI .... __ III .. ~ or Rllll.~" to a ... oaIondar year. WIlllESSloIYIWlIl'MS_D/lYOF 2001. 1111. IIi<. \1" ~'W11I1W~ ~;;f;t:: .:- ~--'" ....","'iIW4- ~ WI1t&SIIflWlD 11IIS _D/lY OF PROPEAT't OWNER: e,: - ~ .- IW;.~.....,.: "Clilft.. 'OlIIalIW."~. 'llo,._1lI/IW" and 1I11eS.,.d PetIotl".....,.,.a .. Nt5#11'" II...,.,. CIy Code. p.2 .~ . BUSINESS RELATIONSHIP AFADA VW This AIfldavit Is made pursuant to Section 31-71 (b)(2)(ii) oIUle City oIAventura Land Development Code. The \JldelSigned IIIfIillll hereby cflSCloses that (mark with 'X' applicable portions only) ( )1. Affiant does not have a Business Relationship with any member of the City Commission or any City NMsory Board to which the appUcation will be presented. [ ] 2. IIIftallt hereby DISCloses that K does have a Business Relationship with a member 01 the City Coounission or a City Advisory Board to which the apprlCation will be presented, as fol\ows: (List name 01 Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). . The nature of the Business Relationship is as follows: ( ) i. Member of City Commission or Board holds an ownership interest in excess 01 1 % of total assets or capital stock of Appl'lCaJlt or Representative; ( ) ii. Member of City Commission or Board is a parlner, co-sharehokler (as to shares of a corporation which ere not listed on any naIionaI or regional stock exchange) or joint venturer with the AppUcant or Representative In any business venture; [ ) iii. The ApprlCaJlt or Representative is a Client of a member of the City Commission or Board or a Cl'lellt of another professional worldng from the same offtce or for the same employer as the member of the City Commission or Board; ( ) iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ) v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) In a given calendar year, ( ) vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WfT1IIESS MY HAND 1l-IIS _ DAY OF M'By:~UCr; : IU!1'll<;tfl'>/77l77Yb ~ (Signature) Name: ~.If -fPrint) Tille: tfRl/o/L Y".d 4-/>//J COo (Prinl) I/r/!/V'JUM HC"I"I"t-II'HO,w7HJ/U9t- CtonYV WfT1IIESS MY HAND TIllS DAY OF PROPERlY OWNER: .2001. By: Name: Tille: 2001. (Signature) (Print) (Print) .. 'The "Business Retationshlp,. "CIien~" "Customer," "Appflcant," "Representative" and "Interested Person" are defined in on 2.395 of the Avenlum City Code. NOTARIZAtiON PROVISION STATE Of Fl.ORIIlA I COUNTY Of MIAMl-DADEl -- .~ Be"'" me. the undersigned 1lIlhcxlly, peI1OIl8ly Ippe...k / a-<( rx..; the AlIiant. Mlo bei1g list by me cIdy swom, did ......, Oflffrm lhaI he/shl1JIIlQlled l1is Affodavit for the puqlOSIS stated theI8in and lhaIlls we arII CCX1eCI. rT; _/1 \\\11111111/111/ v~y /"///€,IWLJ,4 ~\\\.SH. CA1t/II~ AFfWfT ~"..-&.~ ......... '7'C{('~ ~~"..~\,\t.\SSIONp:..:v ~ r/J-. -r .:::- -_r\'"^ 7 ;lf1:-tO- ~ SWORNTOANDSUBSCRIBEDbe""'mel1is30 day</.,J~, 2OQ),- '" "",u-~~'"""" "':. <0 , /1 ~:~ ~ 'U>\ '" A.'!.J-~~?? ~*: ...- :*~ Slate</. lIIge ~z,\ '00061373 :~~ ^ uJ'(; ~~"'1J.,_ '!ot1deo~ J"'f?S~ Printed oft.W.o... ~~:%'';~~~~:-~..~ . '~-ry ~ ....... ~ ...,.... Myoommissione If''I,/.lIC, S1~1\~'*' .. '"I~lltlll"\' STATEOfR.ORlDA I .COUNTY Of MIAMl-OADE) 8eItn me, III undersigned autloriIy, peI1OIl8ly appealed he/shl1JIIlQlled \his _ for the puqlOSIS staled theIIln and lhaIlls we and CCX1eCI. SWORN TO AND SUBSCRIBED be"'" me \his _ day </. STATE OF FlORIDA I COUNTY OF MIAMI-DADE) Before me, the undersigned autloriIy. personalty appeared he/shlexecullld IhIs Affidavit for the purposes stated the..1n and lhaIlls 1M Ind CCX1eCI. SWORN TO AND SUBSCRIBED be"'" me l1is _ day </. STATE Of Fl.ORIllA I COUNTY Of MIAMHlAllE) 8eItn me, ... IlIde<11gned autloriIy, peI1OIl8ly appealed he/shlexecullld IhIs Affodavit for the puqlOSOS stated theIIln and lhaIlls we and CCX1eCI. SWORN TO AND SUBSCRIBED be"'" me tl1Is _ day </. III AlIiant. Mlo bei1g list by me d~ swom, did ......, Oflffrm lhaI AFFWI1' 2001. Notary P of Florida Allllge PMIlld of Notary My the Afflallt, Mlo being first by me duly swam, did swear Of Iffurn that AFFIANT .2001. NoIaIy NlIic S1aIlI of Florida Allllge PMIlld Name of Notary My oommission """'""' ... AlIiant. Mlo bei1g list by me duly swam. erod ......, Of Itfinn that AFFWI1' .2001. . . NoIaIy PWlIc Slate of Florida Allllge _ Name of NoIaIy My oommission elCpios: City of Aventura City Commission Meeting Date FeI3~v(.) I\..y ~ :2 002.- Agenda Item No. '3 A Date of Verbal Communication: ?.l.Ulil..- Identity of Person or Entity Making Communication: o (.lv 11'1 If ~ I4-K(!J4Io1~ CEo. tn/e.t/?'v1~^ tl-vO?/fAL... 11';-/)tcI}L <t-NT?t2 Subject and Substance of Communication: f'lAli'fC'l,,7t'/) 7. Hti tfts- V/~W "I' 11f.~il.ithslP. fl;:<i'II"r;- Respectfully, Commissioner or Board Member receiving communication: Filed this 1>i day of Name: Arthur Beraer ~~~ Signature City of Aventura City Commission Meeting Date tf J1. - t1 s-:: c cl- Agenda Item No. J A - g 8 Date of Verbal Communication: //- 20'- cJ ~ Identity of Person or Entity MSiking Communication: ~ CAlL /J & .A/ ...tZ Subject and SU~f communica~: - /1/'/;;' / /<L A Respectfully, Commissioner or Board Member receiving communication: Filed this #-- day of CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: TO: City Commission FROM: BY: SUBJECT: Request of Aventura Hospital & Medical Center for variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a floor area ratio larger than allowed by Code for the expansion of the Aventura Hospital at 20900 Biscayne Boulevard. (02-VAR-02) February 5, 2002 City Commission Meeting Agenda Item 313' RECOMMENDATION It is recommended that the City Commission approve the request to allow a floor area ratio larger than permitted by Code to facilitate an additional six-story expansion of the Aventura Hospital. THE REQUEST The applicant, Aventura Hospital & Medical Center, is requesting a variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a floor area ratio of 1.35 where a maximum floor area of 1.28 is permitted by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Miami Beach Health Care Ltd. (Aventura Hospital & Medical Center) ADDRESS OF PROPERTY 20900 Biscayne Boulevard (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY 11.25 acres LEGAL DESCRIPTION Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and the west v.. of Lot 2, Block 8, Map of the Town of Hallandale, according to the plat recorded in Plat Book B at Page 13, both of the Public Records of Miami-Dade County, Florida, less the rights of way for NE 209 Street and NE 28 Avenue, City of Aventura Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: MO Medical Office District MO Medical Office District MO Medical Office District OP Office Park District and B2 Community Business District MO Medical Office District and U Utilities Existing Land Use - Subject property: Properties to the West: Hospital building, 2 medical office buildings and parking garage Self-Storage Facility Residential and Retail Buildings Retail Plaza, Funeral Home and Religious Facility Medical Office Building Properties to the North: Properties to the South: Properties to the East: Future Land Use - According to the Citv of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - The site is located on Biscayne Boulevard in the block bounded on the south by NE 209 Street and to the west by NE 28 Avenue. The property contains the hospital building, two medical office buildings and a parking structure. The Project - The applicant is in the process of site plan approval for an expansion and renovation of the existing hospital building. The existing parking structure is now being demolished and in its place, the applicant proposes to construct a nine story 2 addition adjacent to the existing building. (See Exhibit #4 for elevation of proposed addition) A separate parking structure has been constructed in the northwesterly section of the property and is now in use. The new facility will house a 26-bed emergency services department, two intensive care units, 10 new operating rooms and new day surgery center, new main entrance and lobby, 245 private patient rooms and additional support space. The floor area ratio of the existing hospital facility and two medical office buildings is 0.75 where 1.17 is allowed by Code. The first phase of construction proposed was a three story addition, which met the allowable floor area ratio for the site at 0.94 where 1.17 would be allowed by Code. The additional six stories contains 198,894 square feet, which increases the floor area ratio to 1.35 where 1.28 is allowed by Code for a nine story building. ANAL YSI~ Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The Aventura Hospital campus is comprised of the main hospital and medical office building lot on Biscayne Boulevard, the Aventura Physician's building lot on NE 209 Street, the Cancer Center lot on East Dixie Highway and the Central Energy PlanUfuture development lot on NE 28 Avenue. Taking the campus as a whole, the new addition would meet the floor area ratio criteria of the City Code. However, the lots are separated by public rights-of-way and therefore, cannot be evaluated for planning purposes as a whole. Each lot has to be evaluated on its specific gross lot area. The proposed nine story addition, when added to the existing eight story facility and two four-story medical office buildings, exceeds the permitted floor area ratio. While the new building areas may meet floor area ratios if spread out over the other lots owned by the hospital, it is important that the emergency rooms, intensive care units, operating rooms and patient rooms be located in the main hospital building for efficiency and patient comfort, safety and security. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would 3 result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by a number of factors unique to the site and to the redevelopment of the Aventura Hospital campus. The proposed addition houses the emergency services department, intensive care units, operating rooms and patient rooms which need to be a part of the main hospital building for efficiency and patient comfort, safety and security. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The need to site the new patient care units and rooms in the main hospital building creates the need for a floor area ratio variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed addition will improve the public welfare by providing improved medical care facilities for the community. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The proposed renovation will not increase the number of beds from the existing facility, but will allow an already overcrowded and inefficient facility to spread out and become much more efficient and up-to-date and to provide better heath care services. It is recommended that the request be granted subject to the following conditions: 4 CONDITIONS 1. Plans shall substantially comply with those submitted as follows: . "Aventura Hospital and Medical Center, Phase B - ORlED/ICU Addition Master Site Plan (Phase B)", prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 2/21/00, revised 9/17/01, 11/5/01 and 12/28/01, signed and sealed 12/28101 . 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 5 , RHON ERNEST-JONES CONSULTING ENGINEERS, INC. p.":r-~. 'I/'"D . - -, "'" '_'-''''1'00;... r:- . u.. ';~i11 I..J) CIVIL ENGINEERS . LAND PLANNERS TRANSPORTATION PLANNERS . LANDSCAPE ARCHI~" ""'""""1 ,,~, '~l "'".. ..,; WL.,,-: Or-' 'ME"''T 02- UA{(-02 December 27,2001 City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 Attn: Brenda Kelley, Director Re: AVENTURA HOSPITAL (PHASE Bl O.R./ E.D./I.C.U. ADDITION (SIX STORY ADDITION TO TOWER) VARIANCE FOR BUILDING F.A.R. Our Job No. 99-1107-1500 Dear Ms. Kelley: Please accept this as our letter of intent for the subject. The facility is located on the northwest corner of Biscayne Blvd. (US 1) and N.E. 209th Avenue. The proposed building for which this application is being filed is the six story addition to the hospital tower on the main hospital site. This located on the northwest corner of NE 28th Avenue and NE 209 Street. The zoning is Medical Office and the land use is Business and Office. A detailed description of the requested variance is as follows. As you are aware, Aventura Hospital has very recently received approval and funding for a six story tower as an addition to the three story expansion presently under City review. We have attached a recent press release from the hospital describing the new facitilies to be provided. The revised site plan for Phase B of the hospital expansion, comprising the O.R. / E.D. / I.C.U. addition, and the tower addition, is attached as MSP-1. The tabulation shows the floor area ratios (FAR's) calculated for the tower addition exceed that allowed by code section 704.6.4(d). This occurs from the fourth to the ninth floors, when floor areas at each level for all buildings on the hospital site are considered. The square footages range from 4.5% to 8.9% over the allowable. The variance sought by this application requests that this excess square footage be approved. The facilities are designed to be as compact as possible, and are thus contained in one tower. This will have great benefits over the alternative of spreading the improvement over other land owned by the hospital. It is clearly beneficial for patients, staff and visitors to be able to move from one department to another without having to leave the building. We consider that this case meets the criteria for granting a variance, as stated in the Standards of Review (section 506.5 of the Land Development Code), and we respectfully request that this variance be granted. EXHIBIT #1 02-VAR-02 2840 UNIVERSITY DRIVE . CORAL SPRINGS, FLORIDA 33065 . Tel: 954.344.9855 . Fax: 954.341.5961 Professional Engineer License: EB6451 www.rejce.com Landscape Architect License: LCOOQ0367 CITY OF AVENTURA 12/27/01 Page 2 The following will be sent under separate cover: fully executed original application form, review fee check, deposit check for advertising, and 12 copies of the survey. We are now enclosing 12 copies of the master site plan, for your review in connection with the variance application. Your attention to this matter is appreciated. Please do not hesitate to call with any questions. Very truly yours, ~'>-.-~. Graham Ernest-Jones Vice-President Encl. cc. Jay Miranda Norman Leopold, Esq. Rhon Ernest-Jones Consulting Engineers, Inc. AVENTURA HOSPITAL AND MEDICAL CENTER BEGINS $130 MILLION FACILITY EXPANSION PROJECT, CURRENTLY THE LARGEST HEALTHCARE CONSTRUCTION PROJECT IN THE STATE OF FLORIDA Aventura Hospital and Medical Center is in the midst of a $130 million facility expansion project, currently the largest healthcare construction project in the state of Florida. Hospital officials have spent the past three years developing this Master Plan which provides for the expansion, renovation and eventual replacement of most of the hospital over the next three to four years. The new facility will include the following: . 26-bed Emergency Services Department . 2 Intensive Care Units (77 beds) . 10 new Operating Rooms and new Day Surgery Center . New Main Entrance/Lobby . 9-story Tower including 245 private patient rooms . 6-story, 815-space parking facility (opened November I, 2001) . Refurbishment of exterior of existing hospital . Improved access / Driveways . External powerplant . Additional support space Benefits of this new facility include patient comfort and security with private rooms in both the ICU and Emergency Room, reduced waiting time in the Emergency Room and Registration Areas and new aesthetically pleasing decor. "Our Master Plan for growth currently represents the largest healthcare construction project in the state of Florida," said Davide M. Carbone, Chief Executive Officer. 'When complete, this community will benefit from a state-of-the-art facility complementing the comprehensive services already offered at Aventura Hospital and Medical Center.' Aventura Hospital and Medical Center is a 407-bed acute care medicaVsurgical facility, providing award winning quality care and services to the communities of northeast Miami-Dade and southeast Broward counties since 1965. Aventura Hospital and Medical Center provides inpatient and outpatient diagnostic, medical, surgical and cancer services including emergency services, rehabilitative services, obstetrical services, behavioral health services, a variety of community services, international patient coordinators and comprehensive cancer services. 1 , BROWARD COUNTY ..---.-.-- DADE COUNTY IVES DAIRY RD. MIAMI GARDENS DR. w ~ :x: w X is ~ . '. , '. :. :. :. :. :. :1 :. :. .. :. :. :. .. :. ;. .. ;1 :. .. :. .. :. :1 .. ;1 .. ;1 :. :' :. .. :. :. :1 .. ;1 :. .. :1 :. :. .. :. i' :. :. :. :. :. ,. i' .. :'1 Atlantic Ocean i .. . --.- --.---...- ----.- _.nV'T'...~n.:-;..:...."'.........'PJ..,..~...J..r._.- Gu/fstream YACHT CLUB DR. . ('~) fu~ . i MARINA . I COVE .", WAY CIRCLE : LlJ' 'i'J,,'i · WI" \NE,\'\ : f~ . . . . . . . . . ~ -- WATERWAYS BLVD_ . 207 ST. COUNTRY CLUB DR. L-------.JOl ...J '" "- Ol '" c:i > ...J III Z ." W () o ci o AVENTURA 6,---JD. ~ ...J Fj,~ I D ~ Rescue Aventura ~ Station Library z Avenlura Police ::J De artment 8 201 TER. l (1) -'- : lj' ~ . I Sf . / ,.i.... : !t' . ,I It · (-~._----j !P :) g · f ;..:; . I : I . f 1925T. . . . . . . . . . . . 1 8() · . ""..... ~....-- ."". :33 60: . . . . . . . . . . . . . . . . . ....~.............J ..l\ ...... ; ~ . -\ . · · r--- "--- ._--, .... r' ~. ., ~/ i'~ G ~ I I 0.. (~ M~'osW'i ILLlI"M LEI-I Aventura Mall 192 ST 191 ST. '<:::> 190 ST. Loehmann's Fashion u.i Island ~ Ol '" 188 ST. c:i > -.J III Z U'i () o Liule Maule Lake LEGEND 183 ST. Dumfound/ing Bay e Maule Lake ...... Roadways City Boundary ZIP Code Boundary Railroad EXHIBIT #3 02-VAR-02 ~ ....... ...,..... .A....... Nine Story Addition East Elevation EXHIBIT #4 02-VAR-02 fa k,-PUCANT REPRESENTATIVE AFFI..~VIT Pursuant 10 Section 31-71 (b)(2)(Q of the City of Avenlura Land Development Code, 1I1is ApprtCallt Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for 1I1e Development Penni!, which Is identified in the accompanying appflCl\tion, and the owner of lhe property subject to the apprlCalion (d different) hereby lists and identifteS all persons representing lhe individual or entity applying for the Development Pennft in connection with the appI'lCation, as follows: IOmIllE/WGST- JolliES (}W,[c/'<'/lrV6'-Ii/v'WN.E7i72S', INC. Relationship (i... ~ An:I1itBds, I.Bndscspe M:hitecIs, EnginHrs. Lc/Jbyisls, EIe.) aH!-zU'T7/A/T CIVIL E7V(/'-I'ET?<-- Lr;,.,/tlSc",,.qc /{,(!.<#/~('7 / / Name (Allach Additional Sheets" Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFRDAVIT SHALL BE BINDING UPON THE INDMDUAl OR ENllTY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFRANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS _ DAY OF AUTHORIZED REPRESENTATIVE OF APPLICANT: Y---. .\.-- ~ By: t 0t.,( '-- . 7 (Signature) - Name: &MII/{/V1 F,<WE$'T -JONES' (Print) Tille: VICE /litEcfl(JE70./T Address: 28'10 tw/VR.So;! (J,;e/V& !!eML J'P/ZIN{;S FL_ 3'30&;- - OWNER By: (Signature) /J Name: (tJIiJJ,' ri.L /J( - td-r (, q rJ- (Prinj Tille: (!,c 0 Address: ';;'OtJdO 8;s<"-7ne ;:fl,,/' A-vtf1/ura.. R. 13 It J . STATE OF FLORIDA ) COUNTt' OF MIAMI-DADE) Before me 1I1e undersigned authority personally appeared l~' J1J1 idt IX ,U 0 ~ ~ authorized representative of 1I1e Applicant and/or 1I1e owner of 1I1e property subject to 1I1e application, who being first by me duly swom, did swear or affirm 1I1at he/she executed this Affidavit for lhe purposes stated therein and lhat ft is true and correct. ~ J. /l ~ vi (li /J(. ( h--r ~ 4/1 ..fl./ It-.. - IANT . SWORN TO AND SUBSCRIBED BEFORE ~~ttt{'~~iJJI//:~7 ,2@r2~'" /.//7 cJ ~~~ ........ u&~ .' ~ ~"""~..~~\SSION~.O ~ ~ f "'cll,~il,200,. ""', \ NOIaryPUblicStateofFlor~id tLarge /J :: :~ ~ ~'. ~ LUtn.df.) :: * : .'_ : * :: Printed Name of Notary I uefl< ~ ~ \ .DO 06'373 i i':f ~ My commission expires: 111 ~ ~. ,U7J 'I ~-0."~ ~..~~ . ~"'~'. ~cl~ ..,S~ ~f;--" 'lIlIIIC .....;~:* ~ ........ C), ~ """iltlt\l\l~ o ~USINESS RELATIONSHIP AFFIDA~lrt This Affidavit is made pursuant to Section 3t-71(b)(2)QQ 01 the City 01 Aventura land Development Code. The undersigned Affiant hereby dIscloses that (mark with "'1,' applicable portions only) !/ Alfl3flt does not have a Business Relationship with any member of the City Commission or any City Advisoty Board to which the application will be presented. [ ] 2. Affl3flt hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a City AdvisolY Board to which the application will be presented, as follows: (List name of Commissioner or AdvisoIy Board Member) who serves on the (List City Commission or City AdvisolY Board upon which member serves). The nature of the BusUless Relationship is as follows: [ ) i. Member of City Commission or Board holds an ownership i1terest i1 excess of 1 % of total assets or capital stock of ApprlClllt or Representative; [ ] iI. Member of City Commission or Board is a partner, co-sharehotder (as to shares of a corporation which are not rlSted on any national or regional stock exchange) or joint venturer with the ApprlClllt or Representative in any business venture; [ I i1i. The Applicant or Representative is a Client 01 a member of the City Commission or Board or a Client of another professional working from the same offICe or for the same employer as the member of the Cily Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer 01 the member of the City Commission or Board (or of his or her employer) and transacts more than $tO,ooo.oo of the business of the member of the City CommIssion or Board (or his or her employer) m a given calendar year, [ ] vi. The member of the City Commission or Board is a Customer 01 the Applicant or Representative and transacts more than $25,000.00 of the busmess of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS /0 ~AY OF ~/> t-cf).../ 1 .2001. APPLICANT: ,\1\1\1111"'""" lll"\\~S~ L. CA"~'~ *~'!trr.~" ,..... rtu ~ ~.t.."V"'.l\QSIOJ~" ~....::~ ~ '"' .';.>>."'~ 'r~.:o ~ ~ '~..~~17,1~~. ~ :- l~ ~.. ~ :*', :*= =.. ..- .. = - .. .. - S:a-. 100081373 :~~ ~::.'I'~ :R''::- ~~". ~tP~'~~ ~.'~ .. J:W:~;;';_~ ~ ~~8;'-'''''''~O'< -# . 2002. ~11111/'7iff.\~\lII\\\" By: (Signature) Name: jJflll,'~ m- c,..,..6oro0 (Print) Trtte: (11;0 (Print) WITNESSMYHANDTHIS /Of1...DAYOF :/Qu\,^-",-, 7 PROPERlY OWNER: By: (~JY7F A J' .1f7f7L1{'1&o/ T Name: DI1 ,,;dt m. Lt;Lrhb/11U TrtIe: ~() (Signature) (Print) (Print) . "The tenns "Business Relationship,' "Client,' "Customer,' "Applicant,' 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND TIllS _ DAY OF .2001. REPRESENTATIVE: (listed on Business Relationship Alftda'lil) By: (Signature) By: Name: (Print) Name: Title: (Print) Title: By: (Signature) By: Name: (Print) Name: . Trtle: (Print) Trtle: (Print) By: (Signa/ure) By: (Signature Name: (print) (Print) Tille: (Print) (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tttle: (Print) By: By: (Signature Name: Name: (Print) Tille: Title: (Print) By: By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Us upllcate sheets If disclosure Information for Representative varies pllcants and AffIants are advised to timely supplement this Affidavit pursuant to Sec. 31.71(b)(2)(lv) of the 's Land Development Regulations In the City Code, In the event that prior to consideration of the application y the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete. . NOTARIZATION PROVISION STATE OF FI.OI\IOA I COUNTY OF IAIAMl-OAIlE) Belin me,.... 1Ilde<,;glled au1horily, peBOnaIy aweared .l1uiJ, IX. GA~ AIfiant. who beilg first by me duly SWIlm, did swear 0< alf.......t htIshe ,JCllQI\Ild Ills Mida'Il tor.... purposes slated I1enlIn end I1at lis IruI end contd. ~ ~~_ ~ O~ ~,\\III1""''''111 ~,,~ x."''' L C4,,'III, JI.L ,.;' ~~~ ....... lilj&~ SWORNTOANDSUBSCRIBEDbelonlmelllsKclayof . ~2OO'L- Y:CL #,'/~'IlSIOIiet;,..p% j / ~ :",Gl~~7.2"",~.. os. ... I/J~ ~ ~ :~ ~~ ~ NOIaJyPlilIicSlateofFIoIidaAll.aJge ~*: .... :*1E ~~~. .00081373 ;i!~ ~~~.~~~.~ ~ ......... k~ "'I/fIhll,,\II"~ Printed Name of Notary lAy~,lqllre STATEOFR.ORIDA ) .COUNTY OF 1AlAMI-oADE} BefocI me, .... UIlde<signed au1horily, peBOnaIy aweared htIshe Il<llC>lIod I1Is Mida'Il tor .... purposes slated ......In end lhal lis IruI end contd. .... Alflllnt, who beilg first by me duly SWIlm, Iftd swear 0< aff... 1hat AFFWlT SWORN TO AND SUBSCRIBED belonl me lhis _ clay of .2001. NolaJy Plillic Slam of Florida Id Large Printed Name of Nota'Y lAy~explces: STATE OF FLORIO"' ) COUNTY Of 1AIAMI-oADE) Before me. the unde..;gned aulhority. personaUy appeared htIshe exearted lhls Alftdavil for the purposes stated the..in end lhat lis true and eo<red. lhe Alfllln~ who beilg first by me duly sworn. did ......r Of affinn lhal AFFIANT SWORN TO AND SUBSCRIBED belonl me Ills _ clay of .2001. Notary Plillic State of Florida Id l.aJge Printed Name of NoIaJy lAy commIssIon elqllres: STATE Of FLORIDA ) COUNlY Of 1AIAMI-oADE) Belin me. the undersigned authority. personally aweared htIshe exearted lhls Alftdavil for .... PUlJlOSOs stated ......'" and lhat lis true and eo<red. .... Alfllln~ who beilg first by me duly sworn, did swear Of aff"'" lhal AFFIANT SWORN TO AND SUBSCRIBED before me lhls _ clay of .2001. NolaJy PtbIic Slate of Florida Id Large Printed Name of NoIaJy lAy commIssIon explces' - BUSINESS RELATIONSHIP AFFIDAVlt* This Affidavit is made pursuant 10 Section 31-71 (b)(2)Qij of the City of Aventura land Development Code. The undersigned Affiant hereby cflSCloses that (marl< with 'x' applicable portions only) Mi. A/flal1t does not have a Business Relationship with any member of the City Commission or any City Mk.ory Board to which 1I1e application will be presented. [ )2. A/flal1t hereby cftSCloses 1hat ~ does have a Business Relationship with a member of 1I1e City Commission or a City Advisory Board to which 1I1e application will be presented. as follows: (Ust name of Commissioner or AiMsory Board Member) who serves on the (List City Commission or City Miisory Board upon which member serves). The nature of 1I1e Business Relationship is as follows: ( ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; (] n. Member of City Commission or Board is a partner. co-shareholder (as to shares of a corporation which are not rlSted on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; ( I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same offICe or for the same employer as the member of the City Commission or Board; [ 1 iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; ( J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS dDAY OF :JI1LJ/JAfi!. '1 .2001. N'I'UeMff: (!oUotu71WT By: 0, t:~,-- -l- (Signature) Name: r- M##1"7 EX!NG'if7 - :;llW€5' (Print) TtUe: YIC? '<>.eEdIO~?/r (Print) /l.HoAl E1zNErT -Ulh</n awr I"l'1},</G- Y>/~ ,,./~ 1, /A/(' . WITNESS MY HAND THIS _ DAY OF PROPERlY OWNER: By: Name: TtUe: (Signature) (Print) (Print) . rms "Business Relationship: "Client: 'Customer: '~Iicant: 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventum Cny Code. WI1NESS MY HAND lHlS _ DAY OF .2OOt / REPRESENTAllVE: (listed on Business Relationship Affidavit) By: (Signature) By: (Signature I I Name: (Print) Name: (Print) , /1 I , Tille: (Print) Title: (Print( / / / By: (Signature) By: / '(Signature , , , Name: (print) Name: , (Print) , . , / Tille: (Print) Trtle: / (Print) I ./ (Signature By: (Signature) By: / , / Name: (Print) Name~ I (Print) / Tille: (Print) Trtle: (print) / , , I By: (Signature) i By: (Signature / Name: (Print) / Name: (Print) i , Title: (Print) I Tille: (Print) / , By: (Signature) / By: (Signature / Name: (Prinl)/ Name: (Print) .l Tille: (1Jf~t) Title: (Print) I By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) NOTE: 1) U duplicate sheets If disclosure InfonnaUon for RepresentaUve varies Applicants and Afflants are advised to timely supplement this Affidavit pursuant to Sec. 31.71(b)(2){lv) of the City's Land Development Regulations In the City Code, In the event that prior to conslderaUon ot the application by the City Board or Commission, the InfonnaUon provided In the Affidavit becomes Incorrect or Incomplete. NOTARIZAnON PROVISION STATe Of fI.ORIll#. I COUNTY Of MIAMHlADE) Belonl me, tha II1de<signed 1UUlofIy, personaly ~1i1lJ'( Ql/Q'f ~ AIlian~ who beilg ~ by me duly IWOm, did swear or atrll11\ that hoMo oll8Cllled Ills Affodad b'tha puqlClSOS slal8d I10nlln ond that lis WI,ondClXll<t L -'u.u #}A.Jd-Q,vu AFFIANT J SWORNTOANDSU8SCRIBEDbeforeme....IJj~of~~l. ~~ ~ OFFlClALNarARYSEAL . MARILYN PAULINE KRULL NOI'ARYPUBUCSTATEOFFLORlDA ,,:tlt, tstJ"114iJfJ. ,~ I. LJ i,' COMMISSION NO. CC944362 Y Vc;; 1(f'C ~ ..... MY COMMISSION EXP.-nIL Y 9'004 Pool8d ~~ of Notary "hld My commossoon .""ireS: () STATeOfFlORIOA I .COUNTY Of MIAMI-OAllE) Bob'I me, .... undefsignod 1Ilthodly, personally oppeaIed hoMo Il<8CUled Ills Affidavllb'tha JlUIllOSO$ slal8d I10nlln ond that lis WI ond ClXlI<t .... AffI3l1l, who boi1g first by me duly sworn, did swear or offinn that AFFIANT SWORN TO AND SUBSCRIBED before me Ills _ clay of ~1. Nolaly ~ubrlC Slats of Florida At ~ Printed Name of Nolary My commIssIon .""Ires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me. the undersigned aulhority. personaUy appearod hoMo .xecuted lhls Affidavit lor Iho PUlpOSOs slated Ihorein and that lis tNO and ClXlI<t lhe Affian~ who beilg first by me duly sworn. did swear or affurn that AFFIANT SWORN TO AND SUBSCRIBED before me lhls _ clay of ~1. Notary PlIJlic Slats of Florida At ~ PrinI8d Name of Notary My commIsslon a>q>lres: STATe Of FlORIDA ) COUNTY OF MIAMI-DADE) Before me, Iho underslgnad ou1hortty. personally oppeaIed helshe axecuted .... Affidavit lor.... PUlpOSOs slated ....rein ond that lis tNO and COlTad. .... Affiant. who being first by me duly sworn, did swear or affurn that AFFIANT SWORN TO AND SUBSCRIBED before me.... _ clay of . ~1. . Nolaly PlIJlic Slats of Florida At ~ Prinl8d Name of Nolaly My commission .""ires: RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(f)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FLOOR AREA RATIO OF 1.35 WHERE A MAXIMUM FLOOR AREA RATIO OF 1.28 IS PERMITTED BY CODE FOR THE EXPANSION OF THE AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Miami Beach Healthcare Ltd., through Application No. 02-VAR-02, is requesting a variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a floor area ratio of 1.35 where a maximum floor area ratio of 1.28 is permitted by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-144(f)(4) of the City's Land Development Regulations to allow a floor area ratio of 1.35 where a maximum floor area ratio of 1.28 is permitted by Code, on property legally described as follows: Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recordedin Plat Book 137 at Page 76 and the west Yo of Lot 2, Block 8, Map of the Town of Hallandale, according to the plat recorded in Plat Book B at Page 13, both of the Resolution No. 2002-_ Page 2 Public Records of Miami-Dade County, Florida, less the rights of way for NE 209 Street and NE 28 Avenue, City of Aventura. is hereby granted exclusively to the Applicant, subject to the following conditions: 1) Plans shall substantially comply with those submitted as follows: . "Aventura Hospital and Medical Center, Phase B - OR/ED/ICU Addition Master Site Plan (Phase B), prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 2/21/00, revised 9/17/01, 11/5/01 and 12/28/01, signed and sealed 12/28/01. 2) Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner 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 3 PASSED AND ADOPTED 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 February, 2002. CITY CLERK .. APPLICANT REPRESENTATIVE AFFIDAVIT Rto. ~~~ .............. -:r::~ 38 Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Penntt, which is identified in the accompanying application. and the owner of the property subject to the application (H different) hereby lists and identifIeS all persons representing the individual or entity applying for the Development Penntt in connection with the application. as follows: Name Relationship ~.e. Attorneys. AIthilects.1..endscepe Atr:hnecls, Engineets, Lobbyists, Etc.) JAy /VJ;.{AIoIIJA. J&lIO~ rfl "f1'.Puc4.;r 47:'.eE,[n./77/-7)VtF (]1I1{;;F P.PE1C#-r;I'/~ Clh'7Ct-7Z- AIIE1V?U,e.4l1rNI'I'T-P-L ;;/J/!7JIt4L- Ct,w~ '. (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHAll BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFFlANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. II-<- WITNESS MY HAND THIS 30 DAY OF AUTHORIZED REPRESENTATIVE OF APPLICANT: ~ Name: ~y /VJIIUlNIJA (Print) Tille: dl9llf)/2J /II' ANO C/)O ,_7At.J-JA.J1'1"" ,2O<L OWNER __;,1/ BY:~ ~A--- ~nature) Name: OIhIIJF {!dte.lJo/llr (Print) Trtle: CFD Address: 20?oo (j1J'C#YN~ 4VI!N7I.IM FL ./ Address: Zo901 I3loCAvt./F /kl/IJ. 4vf:W7lt.M .Ft- 3316'0 , STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) --- Before me the undersigned authority personally appeared J ~ n.; ~ as the authorized representative of the Applicant and/or the owner of the property subject to the application, 0 being first by me duly swom, did swear or alfinn that he/she executed this Affidavit for the purposes stated therein and that tt is true and correct. ...-.- J i:;X /)' /r rH.h_ "?f/~. ___ AFFI SWORN TO AND SUBSCRIBED BEFORE ME thi~nml8.f " I a..;o u .7' ~ ~: ~,,"~"'~ L. CAZ"II~ J ~~~:\'.......;i(l,CI~ ,.-- ~ .~'SSION~.....-:o ~ ! ...~ ~~ ,. 2~~~.. \ Notary Public State of Florida At Large /' E i ~ 'U\ \ * E Printed Name of Notary 7L~ ,d .i.ft;uJ' " ~ * : ... : =: My commission expires: /lu"'I Z :J./f{);I :; "& ~ tOO 081373 : ~~ ~0... ,~J-./l~ ~".'-?i~~~~~.~.f A'LYtJ. 1111 C. S'T~ ~", '''1/11I1,,\1\11 1-30-2002 3,~M . J~~ ~U U~ U~'14p .. . rKUM I I I 1 . I I I I I I I . j ~~~~~~~W ,..3 BUSINESS RELA110NSHlP AFFlOAvtTt '1lIII HlidIMIl& IIlIdt pIIMI'lll SecIIlln 3\.7ltl1t2l(111 allll cay ol Mnlura lJnlI D......~ Code. The IIldenIgned AIliMt heraby disc*lIIS lilt {NIt \III 'J: ..1)10 pcdlnI onI/l )(1. WI1NESS IlY HAf<<) '!HIS _ DAV Of H'PL\CIlNT: Ifhu lW71t71v G" l!y. ~/)t.ur~ -1l8) ...... :n-t ""AlJd/l /PIW) 1111; ~i~"Jt ,,, AWn (.Do (I'rtn/I "7_M ,wil''''' -- ~ WITNESS IlY HAf<<) 'lMlS_ DAY OF I'I1Ol'EMY C7NNEl\: . By: 1lIll: 112. MIIlI dOIS ~ 11M. \lUIileS$ RelIIiIlI1SlIiP "11ft ""'*' allll Clly 00mmIAl0n or 11ft CIty MiIIoIy IloIIllllllhlclla,...,. .. "bo~ MiInl hereby cIsdoHs till ft _1IM.1lU&inea RII:\fOtISNp wlIll'lIll!Rlef allll cay CammissIlII 01. Cly /lIMouty b1'd 10 IlhIcIllhe 1\IllbIlon'" lit ~ IS_ (liIl- of Commistlionor lit M>ifJ1Iy - 1010111I*) wno ...... on III (tlsI Clly CcmrlIssiln lit Clly ~ Ilcl8Rl upon wl1kfl I1lIdlber -I. 1M ........OI...~ -..sIlIp.as~ Ill. Io\elIIbef al CIly 0aanl5siIn lit IlaOId ldIl& 111 o..MhIp in\eIeII iI_ of 1% of IolIl aM or capMIISlllCIcGl~orRo9l~ III. NomIlIral CIty c..omltr:- lItllolllllt 1"-, ~ (as 10 ~0I1..."...sian wl1kfl M: nllllllltllCl 01\ 11ft lIlIIio\lII lit IIgIonIIIlDck IlLdIqa) or t*t wnIUIIl wlIllIM ~ Dl Ae,A-.l\at.'e illlft lxEiIass MJIe; II Ii. -n.1.\lIlICMIor RellI....l1ldi'IIts I Cilnoll member oflloClly Cammlstlon Dl80lrd orl 0IIllnI 01 ano\llat' plIlIessIonIl ~ tom III.... olIce... "" tie _ ampIoywl IS tho member ollle Clly Cllmn'lsslon or Boatd: 1111I. A City Cclf..,i$SIOnOl or8oald me_Is I ClItnt of... Al>Pli*ll or ~: II v. The AppIcantar l\IpnlsI!llIIIiillQa\lmerollh&lI18fIIber oIlhe Clly CommIdi:ln orlloMl (or ol .... or"" aropIojIll\ 1Nl_ __ ..... $lO.ooo.110 ollll """lleSs of ... .....ber ollila City ComnisIion orlloald (or his lit her ~~ ill ;iYlnClllenCllr year; llvi. The membetof ...CIlyc..~,IGeioI,lItSoMlII. ~al'" ~or~ lAd \tIIISIClS _ .. SZS,llOCl.110 at ... ~ of tie AppIcant lit ~ iI I ~ ~yea<. 2llO1. I 0" ) (PrWJ ~ ..~.n....... "Cliad.' "Clll\llmt(,' '''A>flcaIll.' 'fltpl-'"lNtollld 'lilt_eel P<!Ison" lite -.. MllSoIfheA_ ClyC/ld& . ~ . BUSINESS RELATIONSHIP AFFIOA vlr* This Afftdavit is made pursuant to Section 31-71(b)(2)(ii) ol1he City of Aventum Land Development Code. The undersigned Afflilllt hereby d'1SCIoses lhat: (mark with or: apprlCable portions only) ( 11. Afflilllt does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which lhe application will be presented. ( ] 2. Affiant hereby discloses lhat ~ does have a Business Relationship with a member of lhe City Commission or a City Advisory Board to which lhe application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on lhe (List City Commission or City Advisory Board upon which member serves). ~ The nature of lhe Business Relationship is as follows: ( ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; (1 ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a COl]lOrntion which are not listed on any national or regional stock exchange) or joint venturer with lhe Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of lhe City Commission or Board or a Client of anolher professional working from the same office or for the same employer as the member of the City Commission or Board; [ 1 iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more lhan $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ I vi. The member of the City Commission or Board is a Customer of lhe Applicant or Representative and transacts more than $25.000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND ll-IIS DAY OF .2001. APPUCANT: lU?'M"dt?{7;f77Yb By: ~~ (Signature) Name: :r"i 1'7/J'U./IM (Print) Tille: d'DI/O/l, Y,d /hoI/J COo (Print) 4r/!l!/7llM HMI'/r,p.,- IWtJ ~/U?< c~ WITNESS MY HAND ll-\IS _ DAY OF 2001. PROPERlY OWNER: By: Name: Tille: (Signature) (Print) (Print) ;" 'The "Business Relationship: "Client: "Customer: "/lpplicant: "Representative" and "Interested Person" are delined in Ion 2-395 of the Aventura Cny Code. NOTARIZATION PROVISION STATE Of Fl.ORIllA I COUIITY Of M1MII-DAllE) -- Belo<e me. the undersigned aulhority, per.;onaUy appeared ~ / ()' 'txr /]0' r a ~ Afflan~ who being fitst by me ~ ....,., did swear 0< alfm lhat heIshe alllOJled I1is Affidavit lor the PIJIllOSIS stated ....mIn and that lis Irue and eel [7/;y ,</J/~,()A \\\\\\11111I11'"" . ,,\\ <. sto. L. CA" 'III AFFIANT ~f<-~"'........rlt/&'It",- fI- ,'- . ~~ .~\SSIONiio. 0 ~ SWORNTOANDSUBSCRIBEDbelo<emethis~dayof Jb~,!2f1J'I.<- L~'L ,! ...~Cl~il,241,. i... '\ , . : :~ ~~*E " .. -*: ..... : = "'N01a~tateof~'-' ~ ~ 10008131'3 :""~ .(~. f" , ~~",,,,,,,,,,,,,,,,,;:/!..~ PnntedNameofNotary ~,js>/:~7.I\oii~;~;~f' MYCOlM1issionaxplres'~? ~"'i.~.......~<f.,,~ , :llllh.ilC' S1~..."\\'\: . '"nn\.' . sTATE Of Fl.ORIllA ) .COUIITY Of MlAMI-llADE) Belo<e me, .... underslgnad aulhority, personally appeared heIshe alllOJled I1is Mtdavit for the puq>oses stated I1ar9ln and that lis Irue and lXlf1'Od. the Affiant, who being list by me duly ....,., cfid swear 0< alfm that AFFIANT SWORN TO AND SUBSCRIBED belo<e me I1is _ day of .2001. Notary Public State of Florida AI Large Printed Name of Notary My commission expires: STATE OF R.ORIDA ) COUI/TY OF MIAMI-DADE) Belo<e me, the undersigned authority. pelSOnally appeared helshe executed this Affidavit foe the puq>oses stated therein and that lis true and correct. the Alf..n~ who being fitst by me duly sworn, did swear Of affinn that AFFIANT SWORN TO AND SUBSCRIBED belo<e me this _ day of .2001. Notary Plblic State of Florida AI '-' Printed Name of Notary My COIM1ission expires: STATEOfR.ORIDA I COUI/TY Of MIAMI-DADE) Belo<e me, the undersigned authority, per.;onally appeared heIshe executed I1is Affidavit for the purposes stated therein and that lis Irue and lXlf1'Od. the Aff..n~ who being fitst by me duly sworn. cfid swear Of elflf111lhat AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .2001. . . Notary PIbI1c State of Florida AI '-' Printed Name of Notary My COIM1ission expkes: February 5, 2002 City Commission Meeting Agenda Item 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, City TO: City Commission DATE: January 30, 2002 SUBJECT: Employee Recognition The following employees were nominated for LEO Awards, which are presented annually by the Law Enforcement Foundation of Miami: LEO Support Services - Officer Tom LaBombarda: Nominated for his work and dedication in getting our new radio system up and running. He took over as Project Manager in the beginning and has seen the program through the inception of Phase 1, and now into Phase 2. He continues to work on the radio project as well as other department issues and projects. LEO Specialized Services - Officer Helen Morrison: Nominated for her work as a K9 officer. She has been a K9 officer since 1985 and has attained the rating of a State Certified K9 Evaluator. In February 1997, Morrison and her K9 apprehended seven felons in one day. Morrison is now in training with the APD SWAT team so that her K9 can assist SWAT during certain operations. Officer Morrison has a reputation in Dade and Broward Counties as a premier K9 handler and instructor. LEO Investigative Services - Detective Frank Marion: Detective Marion started with APD in 1998. He came to the department as a seasoned investigator from the Miami Springs PD. Since working with APD, Detective Marion has been involved in the investigation of several homicides that occurred in Aventura and was nominated for the Dade County Officer of the Year for his work in solving the Cathy Hilton homicide. This year he was assigned 155 fraud cases and 62 of these cases were cleared by arrest or warrant. LEO Uniform Services Award - Sergeant Jeff Burns: Prior to his promotion, Sergeant Burns made 139 arrests; 34 felony and 105 misdemeanor and traffic in just 12 months. As an individual, he accounted for 8 % of the total of the department's arrests, 400% above the average. He has missed only two days of work during the past two years. Sergeant Burns continues to represent the APD with a tireless work ethic and a desire to get the job done. LEO Crime Prevention & Community Policing Award - Ernest Long: Ernie was nominated for his outstanding contribution to the community and the department for developing new programs and his interactive crime prevention characters (Copper the Clown, AI Ventura the puppet and PC, a remote controlled police car). Ernie is at every crime prevention activity either teaching, lecturing or working his hot dog cart. He has also been involved in obtaining several grants for the department in the areas of crime prevention and drug awareness. Sergeant Jeff Burns and Ernest Long did receive the LEO Award for their respective categories. All the employees will be presented Certificates of Recognition at the City Commission Meeting. As always, please feel free to contact me with any questions you may have. EMS/aca CC01043-02 ~ . MINUTES CITY COMMISSION MEETING JANUARY 8, 2002 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:21 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. 3. ZONING HEARINGS: None. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Mayor Perlow requested the addition to the agenda as item 10 discussion concerning the County's consideration of taxing municipalities for specialized police services. A motion for approval was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. A motion to address the Consent Agenda at this time was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. 6. CONSENT AGENDA: Commissioner Cohen requested removal of items 6-B and 6- 0, and Vice Mayor Rogers-Libert requested removal of item 6-C. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen, unanimously passed and the following action was taken: A. Minutes were approved as follows: November 6, 2001 Commission Meeting November 27,2001 Commission Meeting November 27,2001 Workshop Meeting E. The following motion was approved: 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. F. Resolution No. 2002-01 was adopted as follows: 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. G. Resolution No. 2002-02 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. 01-0103-011 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. H. The following ordinance was passed on first reading: 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. 5. SPECIAL PRESENTATIONS: Mayor Perlow presented Certificates of Appointment to members of the Community Services Advisory Board. 6. (continued) The following items were removed from the Consent Agenda and addressed separately: B. 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. 2 A motion to table this matter to the January Workshop was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. C. The following motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Beskin and unanimously passed. 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 D. Mr. Wolpin read the following resolution by title: 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. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Beskin. After detailed discussion, an amendment was offered by Commissioner Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed to amend section 9.4 to read as follows: 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 City Manager 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 City Manager and the Treasurer of the Corporation. At least two signatures shall be required on all such checks or orders. The motion for approval, as amended, passed unanimously and Resolution No. 2002-03 was adopted. 7. ORDINANCES - FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: 3 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. 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 Beskin. Ms. Kelley addressed the Commission. There being no public input, the motion for approval passed unanimously by roll call vote (6-0) with Vice Mayor Rogers-Libert out of the room for the vote. B. Mr. Wolpin read the following ordinance by title and announced this as a quasi-judicial hearing: 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. 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. Ms. Kelley addressed the Commission. There being no public input, the motion for approval passed unanimously by roll call vote. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: 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 4 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 Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg. Ms. Kelley addressed the Commission. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2002-01 was enacted. 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 was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg. Mayor Perlow opened the public hearing. Ms. Kelley addressed the Commission and in accordance with Commissioner Beskin's previous request for certain clarification of view corridors, recommended that the sections of the ordinance referring to view corridors be amended to read in the last sentence that "A maximum of two (2) corridors may be provided, however, each corridor shall not be less than 5 percent of the width of the required view corridor as set forth above. " An amendment was offered by Vice Mayor Rogers-Libert, seconded and unanimously passed to provide for implementation of safety facilities and features for the pedestrian promenade, as approved by the City Manager, on the north side. Matthew Kotzin, Waterways resident, and Arthur Barr, Williams Island resident, addressed the Commission. There being no further speakers, the pUblic hearing was closed. A motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen and unanimously passed to defer this matter until 6 p.m. on February 5, 2002 to allow sufficient time to receive input from the appropriate agencies regarding safety concerns. 5 C. Mayor Perlow left the room at this time. Mr. Wolpin read the following ordinance by title and announced this as a quasi-judicial hearing: 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 was offered by Commissioner Holzberg and seconded by Commissioner Grossman. Ms. Kelley addressed the Commission. Vice Mayor Rogers-Libert opened the public hearing. There being no speakers, the public hearing was closed. It was noted that the ordinance would be revised so that the rezoning to RMF3B would be effective upon the creation of the RMF3B district. The motion for approval passed unanimously by roll call vote, 6-0, with Mayor Perlow out of the room for the vote and Ordinance No. 2002-02 was enacted. 9. RESOLUTIONS: None. Mayor Perlow returned to the meeting at this time. 10.0THER BUSINESS: Mayor Perlow discussed the County's proposal to tax municipalities for specialized police services. After discussion, a motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen and unanimously passed to authorize the Mayor to notify the County that the City of Aventura opposes any additional fees or taxes that may be imposed by the County for specialized police services without detailed justification as to the need for such additional fees or taxes. 11. PUBLIC COMMENTS: The following individual addressed the Commission: Roslyn Zeidler, Del Prado Condominium. 12. REPORTS: As presented. 6 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 8:45 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 malter 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. 7 ~ . MINUTES CITY COMMISSION MEETING JANUARY 17, 2002 9 AM Government Center 19200 West Country Club Drive Aventura, Florida 33160 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 Attorneys David M. Wolpin and Mitchell Burnstein. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTIONS: Mr. Burnstein reviewed actions taken to date in the eminent domain matter. A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA, AUTHORIZING THE SETTLEMENT OF EMINENT DOMAIN PROCEEDINGS CONCERNING THE ACQUISITION OF PROPERTY FOR THE CITY OF AVENTURA ELEMENTARY CHARTER SCHOOL; AUTHORIZING ACQUISITION OF THE PROPERTY; AUTHORIZING CITY MANAGER TO TAKE ALL NECESSARY ACTION TO IMPLEMENT THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg. The motion for approval passed unanimously and Resolution No. 2002-04 was adopted. B. Mr. Wolpin read the following resolution by title A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR A FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT AND TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Rogers-Libert. The motion for approval passed unanimously and Resolution No. 2002-05 was adopted. 3. 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 9:30 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2002. Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 ~ . MINUTES COMMISSION WORKSHOP MEETING JANUARY 17, 2002 9 AM (following 9 am Commission meeting) Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 The meeting was called to order at 9:32 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 BOAD: Mr. Wolpin advised the Commission that concerns of conflict relative to the appointment of William Koppel have been resolved. CITY MANAGER SUMMARY: Resolution to be addressed at the February Commission meeting. 2. UPDATE ON COUNTY MANAGER'S MEETING (Mavor Perlow): Mayor Perlow updated the Commission on a recent meeting he and the Manager attended with Miami-Dade County and other local municipal officials concerning a proposal by the County to assess additional fees for specialized police seNices. CITY MANAGER'S SUMMARY: No action necessary. 3. TEEN COUNCIL UPDATE: Mr. Soroka reported on his contacts with other high schools regarding participation in the Teen Council and offered two options for Commission consideration. CITY MANAGER'S SUMMARY: City Manager and City Attorney directed to prepare legislation establishing the Teen Council Board comprised of not to exceed 21 members, the exact number to be selected by the Commission. Consensus to proceed with Student Government Day Program. 4. NEWSPAPER RACKS: In accordance with Commission's previous discussions, Mr. Soroka provided recommendation as to implementation of uniform newspaper racks in public areas. CITY MANAGER'S SUMMARY: Consensus to proceed, including revision of existing ordinance. Commission requested additional designs for consideration. 5. CITY MANAGER'S REPORT: Discussion included: NE 1SSth Street Pedestrian Promenade: Proposed concepts for a pedestrian promenade were provided for Commission consideration. Staff addressed Commission concerns. Charter School Update: Mr. Soroka reviewed the next steps to be taken including entering into agreement with the Miami-Dade County School Board, Management Agreement with Charter Schools USA, marketing and the Primary Learning Center. Government Channel Information: Mr. Soroka advised Commission this will be on line March 1st. Police Communications: Chief Ribel discussed a grant application to upgrade the current public safety radio communications system and requested Commission's support. Amendments to Capital Fundina Schedule: Mr. Soroka offered recommendation for offsetting shortfall on school property and Community Recreation Center. 199th Street Railwav Crossina: Mr. Soroka distributed correspondence from FOOT concerning scheduling the proposed public hearing. CITY MANAGER'S SUMMARY: Consensus to proceed with next steps relative to Charter School and proceed only with administrative meetings and studies relative to the Primary Learning Center and to defer public hearing pending results of studies and registration information. Commission to address Resolution supporting radio communications grant funding at future Commission meeting. Consensus to utilize $1,500,000 from 2001 Loan Fund designated for Waterways Park construction to offset shortfalls on school property and Community Recreation Center. Delay park construction funding due to uncertainty regarding park design and canal extension issues. 6. SELECTION PROCESS FOR CULTURAL ARTS CENTER FOUNDATION (Commissioner Beskin): Commissioner Beskin initiated discussion concerning commencement of selection process. CITY MANAGER'S SUMMARY: Staff to obtain costs for advertising in Herald every week on Friday and Sunday for 4 weeks for service as a member of the Foundation. 7. 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 12:40 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 tesUmony and evidence upon which the appeal is to be based. 2 CITY COMMISSION MEETING FEBRUARY 5, 2002 AGENDA ITEM 6.8 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 Gary Cohen Harry Gampel William Koppel Russell Rice 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: Resolution No. 2002-_ Page 2 Arthur Barr Paula Berliner Joni Braunstein 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 5th day of February, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A TIORNEY /tms CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM FROM: Eric M. Soroka, City ts Manager TO: City Commission BY: Antonio F. Tomei, DATE: January 10, 2002 SUBJECT: Recommendation - Work Authorization No. 01-0103-014 Professional Design Services for Country Club Drive Street Lighting Improvements February 5, 2002 City Commission Meeting Agenda Item ~ - t Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization NO.01-0103-014 to Craven Thompson and Associates, Inc. for Professional Design Services for Country Club Drive Street Lighting Improvements. This project is included in the Capital Improvements Program for the 2001/02 fiscal year. The total fee is $42,100. 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 $600,000. 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. 01-0103-014 FOR PROFESSIONAL DESIGN SERVICES FOR THE COUNTRY CLUB DRIVE STREET LIGHTING 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. 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. 01-0103-014 ($42,100.00) 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 5th day of February, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO. 01-0103-014 The City of Aventura has requested Work Authorization No. 01-0103-014 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 01-0103-014 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 ofthe Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 ofthe Agreement. Desil!l1 Phase Prepare Design Drawings.............................................. ....... .................... ............ .$20,500.00 Miscellaneous Coordination ......... ..................... ........ ................... ............ ......... .....$ I ,500.00 Project Management......................... .............................................................. ....... .$4.500 .00 Total Design Phase 1...........................................................................................$26,500.00 Construction Phase Periodic Site Visits (based on 16 week cons!. period)........................................... $12,800.00 Shop Drawing Review ................................................................................................ $800.00 Project Closeout Documentatiott.............................................................................. $1,000.00 Total Construction Phase .................................................................................... $14,600.00 Reimbursable Exoenses Printing, Graphics, Communications .......................................................................... $750.00 Couriers, Express Mail, Etc. ....................................................................................... $250.00 Total Reimbursable Expenses............................................................................... $1,000.00 Total Estimated Labor Expenses are...................................................................... $41,100.00 Total Estimated Reimbursable Expenses are ........................................................... $1,000.00 The time period for this work authorization will be: Design Phase.............................................................. 60 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 Pastoriza & Guedes, P.A. Project Initiation Date RECOMMENDED through its Capital Projects Manager BY ~tJ~' Capital Projects Manager Antonio F. Tomei '7 dayof J}....J. ,2002 EXHIBIT "A" Consultant shall prepare construction platts for the replacement of the existing median roadway lighting along Country Club Drive (approximately 2.4 miles in length). The lighting plans will ittcorporate the City's decorative pole and luminaire attd will assume that the center median will be curbed as part of the City's resurfacing project. This estimate is based on utilizing the topographic survey for Country Club Drive as prepared by the City's previous engineering consultant and the base drawings prepared for the Country Club Drive resurfacing project. Consultant will more specifically perform the following: . Design lighting system to meet current City of A ventura lighting standards/code. . Electrical design coordittation meetings with FPL and the City. . Voltage drop and point lighting calculations. . Design new lighting system using the City's decorative pole and luminaire. . Design lightittg pole layouts shall be median roadway system (median to be curbed by City). . Design electrical service point(s) and electrical circuits for roadway lighting system. . Design electrical installation details for lighting poles, lighting control panel with photoelectric control. . Removal of existing poles and luminaires. . Prepare specifications and line item quantities/cost estimate. . Provide lighting and electrical calculations, lighting plans and specifications on CD. . Provide shop drawing review; periodic observation of the Contractor's work (6 hours per week for estimated 16 week construction period); review of Cotttractor' s pay requests; final inspections; and Statement of Completiott to the City. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: January 30,2002 TO: City Commission FROM: Eric M. Soroka, City SUBJECT: Aventura Cultural Center Foundation (ACCF) Membership Advertisements February 5, 2002 City Commission Meeting Agenda Item ....k.: 1:> As discussed at the January Workshop Meeting, we obtained costs associated with advertising for members to the ACCF in the following newspapers: Herald - Two times in the Weekend Section Herald - Two times in the Art Section Sun Sentinel - One time in the Weekend Section The approximate cost would be $6,000. A copy of the proposed advertisement is attached. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01046-02 WE WANT YOU I The City Commission of the City of Aventura is accepting applications for members for the Board of Directors of the newly created Aventura Cultural Center Foundation. The Foundation will be responsible for spearheading fund raising activities from the private sector to assist in the funding of the proposed Aventura Cultural Arts Center. The Board will also assist in project promotion efforts and public relations work. Applications may be obtained by contacting the City of Aventura Govemment Center, Office of the City Manager, 19200 West Country Club Drive, (305) 466-8910 or the City's website at www.citvofaventura.com. 2 col (3 7/8 in.) x 3 in. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: January 29,2002 FROM: Eric M. Soroka, City SUBJECT: 2001/02 FY Budget Amendment Resolution February 5, 2002 City Commission Meeting Agenda Item /r, E.. RECOMMENDATION It is recommended that the City Commission approve the attached Resolution amending the 2001/02 FY Budget. The amendment incorporates revisions discussed at the Workshop Meeting. BACKGROUND The attached amendment includes the following changes: 2001 Loan Construction Fund 350 1. Transfers $1,500,000 of funding for Waterways Parks to the Community Recreation Center ($900,000) and the Charter School Land Acquisition ($600,000). 2. Waterways Park Construction was delayed due to the pending land acquisition and canal extension proposal. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01041-02 RESOLUTION NO. 2002"_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 2001/02 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 RESOLUTION; AND PROVIDING 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 2001/02 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The City Commission authorizes the revisions to the current budget as are set forth on the attached Exhibit "A" which are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is 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. Resolution No. 2002-_ Page 2 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 5th day of February, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT A Budget Amendments 2001 Loan Construction Fund 350 ~ ' ~'~ Expenditures Community Services 6203 Waterways Park 6205 MlIllnuem Park/Community Roo Cent SUBTOTAL 6107 Non~oartmental Charter School Land Acq. SUBTOTAL Total Amendments- -- MOPrm 8UDGIT 2ll81,. AMIlHDEO AMOUNT 1,500,000 (1,500,000) ~,~,~~;()QQ- $ 4...000 $ 600,000 . _00,110O 2G01,. RIVI8ED BlJDIHT o 4,800,000 $ . 4,eoopoo CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: January 24,2002 TO: City Commission FROM: SUBJECT: Resolution Authorizing Execution of Charter Contract for Aventura Charter Elementary School February 5, 2002 City Commission Meeting Agenda Item to F RECOMMENDATION It is recommended that the City Commission authorize the execution of the Charter Contract for Aventura Charter Elementary School with the Miami-Dade County School Board (MDCSB). The Contract outlines the School Board requirements relative to the School. The Board's model Contract was modified to conform to our municipal Charter School. BACKGROUND On December 12, 2001, the MDCSB approved the City's Charter School Application. The next step is for the two parties to enter into the Charter School Contract. The Contract outlines, in specific terms, the requirements for school operations and reporting. The main points of the Agreement are as follows: 1. The Contract is for 15 years and can be renewed for an additional 15 years. 2. The Contract may be cancelled if the School has not complied with the Contract. 3. In the event the Contract is terminated, any property, improvements, buildings, furnishings and equipment purchased with public funds, other than City funds shall revert automatically to the MDCSB. 4. The School is required to make annual progress reports, submit audited financial statements, and prepare a School Improvement Plan. Memo to City Commission Page 2 5. Establishes academic accountability requirements. 6. Outlines the enrollment process and discipline. 7. Establishes financial accountability, funding and payment procedures. 8. Outlines facility, transportation and insurance requirements. 9. Incorporates governing structures for the Charter School Application. 10. Addresses employment issues. The Contract has been reviewed by Charter School USA, Kathie Wilbur and the City Attorney. The Contract will be on the March 13,2002 MDCSB Agenda. If you have any questions. please feel free to contact me. EMS/aca Attachment CC01038-02 RESOLUTION NO. 2002"_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CHARTER CONTRACT FOR THE AVENTURA CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY OF AVENTURA AND THE MIAMI-DADE COUNTY SCHOOL BOARD; 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 Charter Contract for the Aventura Charter Elementary School between the City of Aventura and the Miami-Dade County School Board. 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 moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: ,who , and 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 5th day of February, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY I st Draft SCHOOL BOARD OF MIAMI-DADE COUNTY. FLORIDA CHARTER SCHOOL CONTRACT This is a Contract made and entered into as of the day of . 2002, between The School Board of Miami-Dade County, Florida, hereinafter referred to as the Sponsor, and the City of Aventura. (1), a aSllflrefit srglllliilatiea Florida municioal corporation organized under the laws of the State of Florida, hereinafter referred to as the School. School Concept The mission of the School is to provide the residents of the City of Aventura an education choice for their children within the city limits while alleviatinf! some of the county's f!1'owing educational needs. The School will serve up to six hundred (600) elementarv school students. grades kindergarten through fifth grade. (2) This School will: (a) Provide students with a challenginft. personalized learnin'{ experience that ensures the highest measure of intellectual potential and an increased sense of self-esteem. Students will improve their academic achievement. motivation. discipline and self-control through a vro~am utilizin~ personal educational plans. integrated eXTJeriential learning. critical thinking skills. modem lanrmages. recreational and athletic activities. life skills and technology. The School will have as its core philosophv the belief that all children can develop as intellectual learners. function as good citizens. learn as individuals in our society and develop as actual or potential workers in our community. Students can be academicallv successful with all subiects. contributinf! to their intellectual development. The School values the traditional classroom teacher and the role the familv plays in impactinf! students. and places strong emphasis on the value of new information and technologies to enhance the City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 1 development of the individual strenf[/hs of each student. The School places emphasis on identirvinll students' learninfJ styles and develooinll strategies that enable students to succeed. The .rynerJlV of the low staff-pupil ratio. the goal-oriented curriculum. and the preparation and teaching experience of the selected staff will provide a high level of consistencv between the mission and the educational profJ/"am. (3) (b) Include all of the information required to service Limited English Proficient (LEP) students (e.g., language proficiency assessment data, level of language proficiency, home language instruction, and LEP Committee information) as currently documented in the Sponsor's Plan for Limited English Proficient Students. Additionally, it will include all of the information required for Exceptional Student Education (ESE) students. (c) Establish a new form of accountability for schools by seeking to ensure that students learn at optimal levels; develop models for teaching/learning produced cooperatively by students, parents, and teachers; and ensure that each shareholding group be actively involved in all phases oflearning. (d) Implement at the School, initial assessment activities employed to establish a measurement baseline and to identitY students' educational strengths and needs; utilize new instruments that will be used to measure and monitor growth of students and teachers; and collaborate with outside professionals to develop and select these alternative evaluative instruments. Pursuant to Section 228.056(9) Florida Statutes, a charter school shall: · be non-sectarian in its programs, admissions policies, employment practices, and operations; · admit students as provided in subsection~ (7) and (23); City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 2 . be accountable to its sponsor for performances as provided in subsection (10); · not charge tuition or fees, except those fees normally charged by other public schools; · meet all applicable federal, state, and local health, safety, and civil rights requirements; · not violate the anti discrimination provisions of Section 228.2001, Florida Statutes; · be subject to an annual financial audit in a manner similar to that of a school district; and . the governing board of the charter school shall annually adopt and maintain an operating budget. It is the intent of the parties that this Contract shall constitute the School's Charter. The application approved by the School Board on December 12. 2001 (4) is attached hereto as Appendix A (5). PART L GENERAL PROVISIONS A.TERM (I) This Contract shall become effective as of the date first above written upon signing by both parties, and the term shall cover fifteen (IS) years (6) commencing on the first day of the 2003-2004 (7) school year, and ending on June 30, 2018 (8). (2) The timetable for implementation of this Contract is contained in Appendix B (9). City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 3 (3) This Contract may be renewed for up to an additional 15 years by mutual agreement of the parties and upon the terms and conditions established by Section 228.056, Florida Statutes, for such renewal. (4) This Contract may be modified during its initial term or any renewal term upon the approval of both parties, and such modifications shall be in writing and executed by the parties. (5) The term of the Contract may be cancelled immediately by the Sponsor if the School has not complied with the various provisions of the Contract. (6) At the end of the term of the Contract, the Sponsor may choose not to renew the Contract for any of the following grounds: (a) failure to meet the requirements for student performance stated in the charter; (b) failure to meet generally accepted standards of fiscal management; (c) violation oflaw; and/or (d) other good cause shown. (7) During the term of the Contract, the Sponsor may terminate the Contract for any ofthe grounds listed in paragraph (6) (a) - (d). (8) At least 90 days prior to renewing or terminating a Contract, the Sponsor shall notifY the governing body of the School of the proposed action in writing. The notice shall state in reasonable detail the grounds for the proposed action and stipulate that the School's governing body may, within 14 calendar days after receiving the notice, request an informal hearing before the Sponsor. The Sponsor shall conduct the informal hearing within 30 calendar days after receiving a written request. The School's governing body may, within I4 calendar days after City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 4 receiving the Sponsor's decision to terminate or refusal to renew the Contract, appeal the decision pursuant to the procedure in Subsection (4) of Section 228.056, Florida Statutes. (9) This Contract may be terminated immediately if the Sponsor determines that good cause has been shown or if the health, safety, or welfare of the students is threatened. The Sponsor shall assume the operation of the School under these circumstances. The School agrees to submit to the Sponsor all-reasonable records related to the School without undue delay. The Sponsor must provide the basis for termination in writing detailing the basis for this and such findings should be made concurrently with termination. The School's governing board may, within 14 days after receiving the sponsor's decision to terminate the charter, appeal the decision pursuant to the procedure established in Florida Statute 228.056 (4). (10) In case of termination of the Contract, the School shall be dissolved under the provisions of law under which the school was organized. In that event, any property, improvements, furnishings, and equipment purchased bv the School with public funds (i.e.. FEFP. grant. and any other public-generated funds (other than City funds) shall automatically revert to the Sponsor (subject to any lawful liens and encumbrances). If the School's accounting records fail to clearly establish whether a particular asset was purchased with public funds or non-public funds, then it shall be presumed public funds were utilized and ownership of the asset shall automatically revert to the Sponsor. (II) In case of termination or non-renewal of the Contract, the School shall be responsible for all the debts of the School. The Sponsor may not assume the debt from any contracted services made between the governing body of the school, the management company- if applicable - and/or third party, except for a debt that is previously detailed and agreed upon (in City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 5 writing and executed with the same formalities as set ffeth forth in this Contract) by both the Sponsor, and the governing body~ lHuller mallllgemeBt eeffiJlany if applieable. B. FORUM FOR CONFLICT (1) If a conflict arises out of the terms, construction, or rights of obligation contained in this agreement, the Sponsor or the School may either commence the Dispute Resolution Procedure contemplated within Avvendix C (10) or commence action in accordance with the guidelines stipulated in Section 228.056, (4), (f), Florida Statutes. (2) All conflicts between the School and the parents/legal guardians of the students enrolled at the School shall be handled by the Schoot or its go',eming board. E'Iidenee of eaeh pareRt's aeknowledgemeRt of the Sehoel's PareRt Conflie! Reselution Preeess shall be available fur re',ie'll lip on reElllest by the Spenser. A cow of the School's Grievance Policv shall be available for review upon request by the Sponsor. C. STATUTORY REQUIREMENTS (I) The School shall operate in accordance with its Charter and shall be exempt from all statutes of the Florida School Code, except those pertaining to Civil Rights and student health, safety, and welfare or as otherwise stated in the state's charter legislation. The School's governing board may apply to the Commissioner of Education for a waiver of provisions of Chapters 230-239, Florida Statutes, which are applicable to charter schools, as long as it does not affect funding allocations or create inequity in public school funding. Failure of the Sponsor to apply for a waiver shall not constitute default under this Contract or invoke the Dispute Resolution Procedure contained in Appendix C (11). (2) The School shall comply with the provisions of Chapter 1 19, Florida Statutes, relating to Public Records and Section 286.011, Florida Statutes, relating to Public Meetings. City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 6 (3) The School agrees to adhere to a policy of non-discrimination in educational programs/activities and employment and to provide equal access and opportunity for all, as required by federal and state laws, Florida State Board of Education Administrative rules, and School Board rules. D. ANNUAL REPORT (I) The School shall make annual progress reports to its Sponsor by August 20th, which, upon verification, shall be forwarded to the State Board of Education and the Commissioner of Education. The report shall contain at least the following: (a) The School's progress towards achieving the goals outlined in this Contract; (b) information required in the annual school report pursuant to Section 229.592(1), Florida Statutes; (c) financial records of the School, including revenues and expenditures; and (d) salary and benefit levels of the School's employees. (2) The School agrees to do an annual cost accounting and provide such information to the Sponsor along with the Audited Financial Statement. (3) The School will provide the Sponsor, by Junel'" of each year, a School Improvement Plan adhering to the guidelines provided by Miami-Dade County Public Schools' Office of Educational Planning and Quality Enhancement. The School Improvement Plan will contain the measurable objectives that will be pursued by the School during the subsequent school year. City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 7 E. LENGTH OF SCHOOL YEAR The School shall provide instruction for at least 180 days for each school year and will generally follow the academic calendar developed by the Sponsor. In the event the Sponsor and the School agree to implement a summer program under this Contract, funding of the program by the Sponsor shall be based on criteria established annually by the Sponsor for selecting schools to be open for a summer session. PART ll. ACADEMIC ACCOUNTABILITY (1) The School agrees to implement its educational and related programs as specified in the School's approved application (Appendix A (12)), setting forth the School's curriculum, the instructional methods, and any distinctive instructional techniques to be used. The Sponsor's District Plan for Limited English Proficient Students is included in Appendix D (13). (3) During the first year of the Contract, the School agrees to implement the current baseline standard of achievement, the outcomes to be achieved, and the methods of measurement that have been mutually agreed upon and identified in the School's approved application and referenced in Appendix A (14). In subsequent years, the School agrees to the baseline standard of achievement, the outcomes to be achieved, and the methods of measurement that have been mutually agreed upon in the School Improvement Plan submitted to the Sponsor. (4) In addition to evaluating the School's success in achieving the objectives stated in either the application or the School Improvement Plan, all charter schools will be held accountable for meeting the state's student performance requirements as delineated in Florida State Board of Education Administrative Rule 6A-1.09981, Implementation of Florida's System City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 8 of School Improvement and Accountability. Specific Authority 229.053, 229.0535, 229.592, Florida Charter School Legislation. (4) The methods used to identify the educational strengths and needs of students and the educational goals and performance standards are set forth in the School's approved application. This accountability criterion shall be based upon the assessment systems of the School, the Sponsor and the State. (5) In accordance with state law and the Sponsor's rule, students at the School will participate III all assessment programs in which the district students in comparable grades/schools participate. To facilitate this participation, the Sponsor will provide for applicable School staff all services/support activities that are routinely provided to the Sponsor's staff regarding implementation of district and state-required assessment activities (e.g., staff training, dissemination and collection of materials, monitoring, scoring, analysis, and summary reporting). (6) The School agrees to utilize data provided through its participation with the Sponsor in electronic data processing systems pertaining to admissions, registration, and student records. (7) The School agrees to allow the Sponsor reasonable access to its facilities and records to review data sources, including collection and recording procedures, in order to assist the Sponsor in making a valid determination about the degree to which student performance requirements have been met as stated in the Contract, and required by Section 228.056, (10) (f), Florida Statutes. (8) Legislation regarding charter school implementation reqUires the Sponsor to provide to the State Board of Education and the Commissioner of Education an analysis and City of Aventura Submitted: January 18,2002 ACES Charter Contract Charter Schools USA 9 comparison of the overall performance of the School's students. The parties agree that the Sponsor will utilize results from the state and district required assessment programs referenced in this Contract and the data elements to be included in the annual report which the School is required to submit pursuant to Section 228.056, Florida Statutes. (9) The Sponsor shall ensure that the School's program is consistent with the state education goals established by Section 229.591 (3), Florida Statutes. (10) The School will use records and grade procedures that adequately provide the information required by the Sponsor. This may be an alternative grading and recording system. The School's grading and recording system must be in accordance with the State's reporting guidelines and be Iiflpreved by the Sp8nsor. (11) The School will maintain both active and archival records for current/former students in accordance with Florida Statutes. (12) All permanent cumulative records (Both Category A, Permanent Information and Category B, Temporary Information) of students leaving the School, whether by transfer to a traditional public school within the school system, or withdrawal to attend another charter school, shall be transferred upon receipt of an official request from a receiving Miami-Dade County public school or a charter school sponsored by The School Board of Miami-Dade County, Florida. The School may retain copies of the departing student's academic records created during the student's attendance at the School. (13) Upon termination of a student's enrollment at the School, all permanent cumulative records (Both Category A, Permanent Information, and Category B, Temporary Information) of students leaving the School, but not transferring to a Miami-Dade County public school or a charter school sponsored by The School Board of Miami-Dade County, Florida, City of A ventura Submitted: January 18, 2002 ACES Charter Contract Charter Schools USA 10 shall be sent via school mail to the Department of Records and Forms Management. The School may retain copies of the departing student's academic grades and attendance during the student's enrollment at the School. (14) The School shall transmit to the Sponsor's Department of Records and Forms Management, a listing of the types of Category A and B educational records pursuant to Rule 6A-l. 095 55, School Board of Education Rules, and the procedures from the Division of Student Services as stipulated in the Student Educational Records manual. +his Bef!inninf! the 2003- 2004 school vear. this report shall be transmitted each year prior to July 1 ,t (15) Exceptional education students shall be provided with programs implemented in accordance with federal, state and local policies and procedures; and, specifically, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, Sections 228.2001 and 230.23(4)(m), Florida Statutes, Section 228.056, Florida Statutes, and Chapter 6A-6 of the Florida State Board of Education Administrative Rule. The School will be responsible for the delivery of all educational and related services indicated on the student's Individual Education Plan (IEP). Related services (e.g., speech/language therapy, occupational therapy, physical therapy, and counseling) must be provided by the School staff or paid for through contract. The Sponsor will have the responsibility of conducting the evaluation of students referred for potential Exceptional Student Education (ESE) placement and for the re- evaluation of ESE students in accordance with federal and state mandates. The School may obtain independent evaluations of students at their expense. These evaluations may be considered in determining eligibility but will not necessarily substitute for an evaluation conducted by district personnel in a manner and timeframe consistent with that of all other schools in the district. If it is determined by an IEP committee that the needs of a student with City of Aventura Submitted: January 18,2002 ACES Charter Contract Charter Schools USA II disabilities cannot be met at the School, the Sponsor will take steps to secure another placement for the student in accordance with federal and state mandates. The Sponsor will participate in all IEP meetings (including initial staffing and annual IEP review meetings) at the School and will serve as the Local Educational Agency (LEA) Representative. The LEA Representative will be responsible for the completion of the Matrix of Services form following the completion or revision of an IEP. Students with disabilities will be educated in an inclusionary, least restrictive environment (Appendix EJ(15). It is the professional responsibility of educators to place students in an environment where they can best flourish. Those students, whose needs cannot be adequately addressed at the School as determined by an IEP committee, will be appropriately referred; and the School staff will work together with the Sponsor's personnel to ensure that the needs of these students are met. The School's staff will work closely, and as early as possible in the planning/development stages, with school district staff to discuss the services needed by the School's students with disabilities. (16) Under the Medicaid Certified School Match Program, the School may be eligible to seek reimbursement for certain services provided to Medicaid-eligible students who qualify for services under IDEA, Part B or C. In order to seek reimbursements, the School agrees to follow the procedures established for Medicaid-reimbursable services to eligible students at the School as outlined in Appendix F (16), attached and incorporated into this Contract by reference. (17) Students at the School who are oflimited proficiency in English will be served by English for Speakers of Other Languages (ESOL)-certified personnel who will follow the Sponsor's District Plan for Limited English Proficient Students. The Sponsor's plan, which meets City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 12 the requirements of the League of United Latin American Citizens (LULAC) et aI. v. State Board of Education Consent Decree, is attached as part of Appendix D (17~ (18) The School will adopt the Sponsor's "Pupil Progression Plan" (PPP), which is attached as Appendix G (18), with the following exceptions: (19) Notwithstanding the above acceptance of the Sponsor's PPP, the School and the Sponsor may agree to any additional reasonable exemptions from the PPP the School may wish. Any failure to agree on exemptions shall not be considered a dispute. (19) The School will adopt the Sponsor's "Procedures for Promoting and Maintaining a Safe Learning Environment," which is attached as Appendix H (20). Notwithstanding the above acceptance of the Sponsor's "Procedures for Promoting and Maintaining a Safe Learning Environment," the School and the Sponsor may agree to any reasonable exemptions from the "Procedures for Promoting and Maintaining a Safe Learning Environment" the School may wish. Any failure to agree on exemptions shall not be considered a dispute. (20) The School agrees to seek applicable certification/accreditation for its educational program if the Sponsor aw-ees to the School extendinf! its prowam to include w-ades nine throufJh twelve within its first year of 8peration in 8rder to ensure transferability of courses completed by the students at the School. PART HI. STUDENTS A. DEFINITION OF STUDENTS (I) The School wil/provide a unique academic environment for approximatelv 600 culturallv diverse students. af!es 5- I J in Kinderf!arten throuf!h 5th wade. As a charter school- City of Aventura Submitted: January 18, 2002 ACES Charter Contract Charter Schools USA 13 in-the-municipalitv. The School wil/limit the enrollment process to target the children of residents of the City of A ventura according to Florida State Statute. However. A CES will not discriminate on the basis of race. religion. national or ethnic orif!in. or exceptionality in the admission of students. in accordance with federal and state anti-discrimination law. (21). Following is the student enrollment breakdown by year: Year I: 2001-2001 - Grade K-5 (22) - up to 600 (23) students Year 2: 2001-200~ - Grade K-5 (24) - up to 600 (25) students Year 3: 200~-200Q - Grade K-5 (26) - up to 600 (27) students Year. 4: 200Q-2001- Grade K-5 (28) - up to 600 (29) students Year 5: 2001-200~ - GradeK-5 (30) - up to 600 (31) students Year 6-15:2008-2018 - Grade K-5 - UP to 600 students Notwithstanding the targeted student population of the School, any appropriately aged Miami-Dade County student is eligible to apply and be considered for admission. (2) The parties agree that the School shall endeavor to achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other public schools in the school district. The School shall ensure that its admissions policies shall be nonsectarian. B. ENROLLMENT PROCESS (I) The Scheel shall eBfell an eligible student whe submits a timely Iiflplication. If the number ef IiflplicatieRs ellceeds the capacity ef a pregram, class, gmde le'lel, er building, IiflplicaRts shall have an eljlial chaRce of beiRg admitted thr~lHgh a Tandom seleetien precess. That TL\lldom selection precess will refleet the diversity ef the targeted commuRity. If the number ef applicants is belew the desired nlimber ef stlidents, the Scheol reserves the right to City of Aventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 14 elaeRd the IiflplieatieR deadliRe, previded SlIfficieRt netice is given. The School wil/ admit students of any race. color. national and ethnic origin. religion or gender. The School awees that it will implement the strategies contained in Appendix A to achieve a diverse student population reflective of the community it serves. As permitted bv Florida Statute 228.056(23). preference wil/ be fJiven to children of Aventura residents. If the number of Aventura residents' children exceeds the capacity of the prow-am. class. wade level. or building. these applicants shall have an equal chance of beinf! admitted throuf!h a random selection process. After all Aventura applicants have been offered seats. non-A ventura applicants wil/ be enrolled. as permitted bv Section 228.056(7). Florida Statute. If the number of non-A ventura applications exceeds the remaininf! capacity of profJl'am. class. wade level. or building. non-A ventura applicants shall have an equal chance of being admitted throuf!h a random selection process. If the number of applicants is below the desired number of students. the School reserves the rif!ht to extend the application deadline. provided sufficient notice is given. (2) The School shall give enrollment preference to the children of the residents of the City of Aventura, a sibling of a student enrolled in the School or to the child of an employee or member of the governing board of the School. (3) Informational meetings will be held to inform interested parents of the mission of the School, the registration process, and required contractual obligations. The School will provide this information to parents in languages other than English (e.g., Spanish, Haitian:: Creole), as appropriate. (4) Students residing III neighboring counties would be eligible to attend the School under the inter-district agreement provisions provided for in the Florida Charter City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 15 School Legislation or as currently allowed between Miami-Dade and neighboring counties' School Boards. (5) The capacity of the School shall be determined annually by the governing board, in conjunction with the Sponsor, in consideration of the factors contained in Section 228.056 (7), Florida Statutes. C. DISCIPLINE (1) The School agrees to maintain a safe learning environment at all times. In order to provide criteria for addressing discipline issues that will ensure the health, safety and welfare of all students attending the School, the School will adopt and follow the Sponsor's Code of Student Conduct, which is attached as Appendix I (33). Students who attend the Aventura Charter Elementarv School (34) and their parents will enter into contracts with the School. Such contracts will detail the responsibilities staff members, students, and parents are expected to fulfill. If parents or students do not meet these obligations, it will be recommended that the student attend another school. If necessary, the School will pursue the withdrawal or transfer through administrative procedures established under Sponsor's Board Policy, but administered by School personnel. (2) Notwithstanding the above acceptance of the Sponsor's Code of Student Conduct, the School and the Sponsor may agree to other reasonable exemptions from the Code. Any failure to agree on exemptions shall not be considered a dispute. (3) The School agrees that it will not engage in the corporal punishment of its students. PART m. EXTRACURRICULAR ACTIVITIES City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 16 The School's students may participate in extracurricular activities in accordance with the provisions in Section 232.425, Florida Statutes. PART IV. FINANCIAL ACCOUNTABILITY A. ADMINISTRATNE MANAGEMENT (I) The School's financial activities and reporting of same will be subject to the Florida Department of Education (FDOE), Technical Assistance Notes (TAN), 99-09, 2000-05, and 2001-15, incorporated into this Contract as Appendix J (35), as well as any subsequently issued directives by the state. (2) The School agrees to provide reasonable proof of the ability to fund the initial startup and the on-going operation of the School, but in no event shall the School be required to prove the ability to fund more than two (2) months of expenditures based on the yearly operating budget. (3) The governing board of the School, or its designee. shall provide to the Sponsor by August 20th of each year an updated annual budget for review. This budget shall include projected sources of revenue, both public and private, and planned expenditures covering the entire school year. (4) The Sponsor shall calculate and submit nine (9) monthly payments to the School by the 15th of each month beginning with September 15th immediately following the opening of school. In order to provide educational materials for students when classes begin, the first payment shall include 75% of the full annual allocation of instructional materials based on membership after the first week of school. The tenth and final payment for each school year shall be submitted to the School no later than July 15th to allow the Sponsor to determine any City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 17 final amounts due the Sponsor for services provided the School as well as for administrative oversight. Late payments, from the sponsor, are subject to interest at the rate of 1 % per month . calculated on a daily basis until paid. The Sponsor will cooperate and assist the School, as required by Florida Statutes, to obtain capital outlay funding for which the School is eligible. Procedures for submitting and approving requests for funding under Section 228.0561, F.S., Charter Schools Capital Outlay Funding are hereby incorporated into this Contract as Appendix K (36). (5) Any administrative fee charged by the Sponsor shall be limited to five percent (5%) of available funds as defined in Section 228.056 (14) (b), Florida Statutes, not including capital outlay funds, federal and state grants, or any other funds, unless explicitly provided by law. Access by the School to services not required in Statute, but available through the Sponsor, may be negotiated separately by the parties. The School mav pursue a waiver of four percent (4%) of the five percent (5%) statutorilv permitted administrative fee in exchange for compliance with the following conditions established bv the Sponsor: 1) ACES (the School) wil/ not use the credit ratinf! of the district or the district's tax-exempt status to finance anv part of its development (i.e.. the district wil/ not be the issuer of the securities). 2) The School wil/ occupv a newlv constructed or renovated facility. 3) The district wil/ agree to the location of the School. 4) Under the terms of the financinf! obtained bv the School or for its construction. the district wil/ have the rifJht of first refusal to acquire the School's facility in the event of default. City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 18 5) The School will be built in accordance with State Requirements for Educational Facilities (SREF). (6) The School shall utilize the standard state codification of accounts as contained in the Financial and Program Cost Accounting and Reporting for Florida Schools, as a means of codifying all transactions pertaining to its operations. Federal, state and local funds shall be maintained according to existing mandates and practices, i.e., separate funds and bank accounts for federal, state, and local funds. (7) The School shall provide quarterly financial statements to the Sponsor, which shall include a balance sheet and a statement of revenues and expenditures and changes in fund balances prepared in accordance with Generally Accepted Accounting Principles and in a format to include a detail of all revenue and expenditure activities relating to its operations, and file the appropriate reports with the respective state and federal agencies. In the event, the School elects to follow generally accepted accounting standards for not-for-profit organizations, it shall be reformatted for reporting purposes. Submission of the quarterly financial statements shall be within 30 days of the end of each quarter. (8) The School shall provide the Sponsor with annual financial reports as of June 30 of each year, which shall include a complete set of financial statements and notes thereto prepared in accordance with Generally Accepted Accounting Principles for inclusion into the Sponsor's financial statements annually, formatted by revenue source and expenditures, detailed by function and object by the following timeline: City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 19 UNAUDITED STATEMENTS AUDITED STATEMENTS NO LATER THAN AUGUST I" OF EACH YEAR NO LATER THAN SEPTEMBER 20'" OF EACH YEAR An annual financial audit, requested and paid for by the School, shall be performed by a qualified Certified Public Accountant. The audit shall be performed in accordance with Generally Accepted Auditing Standards; Government Auditing Standards, issued by the Comptroller General of the United States; and the Rules of the Auditor General, State of Florida, incorporated into this Contract as Appendix L (37). The School further agrees to provide the Sponsor with a copy of such audit and the corresponding responses to the findings, which shall be bound together in one complete report. Funding for any subsequent year or Contract extension, if approved by the School Board, shall be contingent upon the receipt and subsequent approval of the audit by the Sponsor and/or its representatives, and such funding shall be adjusted as necessary to reflect audit results. The Sponsor reserves the right to perform additional audits at its expense as part of the Sponsor's financial monitoring responsibilities as it deems necessary. Additionally, a cumulative listing of all property purchased tanf!ible personal property. fixtures. and improvements of a non-consumable nature purchased with public funds (i.e., FEFP, grant, and any other public-generated funds) (other than City funds)) shall and a c-llmulative listiRg of all preperty pllfeflaGed ';lith private funds will be submitted yearly along with the annual audited financial statements. These lists will include: (1) date of purchase; (2) item purchased; (3) cost of item, and (4) item location. If the School has been granted tax-exempt status, the School will provide the Sponsor with a copy of correspondence from the Internal Revenue Service (IRS) granting tax-exempt status as a section 50 I (c )(3) organization. The School also will provide the Sponsor a copy of City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 20 its Form 990, Return of Organization Exempt from Income Tax, and all schedules and attachments, within 15 days of filing with the IRS. If the IRS does not require Form 990 to be filed, the School will provide the Sponsor with written confirmation from the IRS of such nonrequirement. Notwithstanding anything set forth in this contract, the Sponsor does not covenant to extend or pledge its tax-exempt authority in any way for the use and benefit of the School. (9) The School will contract with a private agency to provide food servIce. Responsibilities for providing food services and related services and meeting reporting requirements will be assumed by the School. (10) Funding for student enrollment III the School shall be the sum of district operating funds from the Florida Education Finance Program (FEFP), including gross state and local funds, discretionary lottery funds, and discretionary operating millage funds divided by total district funded weighted full-time equivalent (WFTE) students times the weighted full-time equivalent students of the School. If eligible, the School shall also receive its proportionate share of categorical program funds included in the Florida Education Finance Program. The School shall provide the Sponsor with documentation that categorical funds received by the School were expended for purposes for which the categoricals were established by the Legislature. (11) The Sponsor may initially calculate monthly distributions to the School for up to three (3) months based on the School's projected full-time equivalent student membership until the results of the October FTE become available. The projected full-time equivalent student membership will be determined by the actual student enrollment at the School at the conclusion of the first week of student attendance. If enrollment at the end of the first week of student attendance is less than 90% of projected enrollment, the initial monthly distributions shall be City of Aventura Submitted: January 18,2002 ACES Charter Contract Charter Schools USA 21 proportionally reduced. Thereafter, the results of full-time equivalent student membership surveys will be used in adjusting the amount of funds distributed monthly to the School. (12) Any eligible student enrolled in the School shall be provided federal funds for the same level of service provided other eligible students in the schools operated by the Sponsor, including Title I funding. (13) Total funding shall be recalculated during the school year to reflect actual WFTE students reported by the School during the FTE student survey periods. Additionally, funding for the School shall be adjusted during the year as follows: 1. In the event of a state holdback or a proration, which reduces district funding, the School's funding will be reduced proportionately. 2. In the event that the district exceeds the state cap for WFTE for Group 2 programs established by the Legislature, resulting in unfunded WFTE for the district, then the School's funding shall be reduced to reflect its proportional share of any unfunded WFTE. (14) The School shall not levy taxes or issue bonds secured by tax revenue except as within the specific authoritv of the Citv of A ventura. (15) If the School is not renewed or is terminated, any public (other than City of Aventura funds) unencumbered funds from the School shall revert automatically to the Sponsor. In that event, all School property, improvements, furnishings, and equipment purchased with public funds (other than Citv of Aventura funds) shall revert automatically to full ownership by the Sponsor (subject to any lawful liens and encumbrances). If the School's accounting records fail to establish clearly whether a particular asset was purchased with public funds (other than City of A ventura ACES Charter Contract Submitted: January 18. 2002 Charter Schools USA 22 City of Aventura funds) or non-public funds, it will be considered to have been purchased with public funds and ownership of the asset will revert to the Sponsor. (16) If the School is not renewed or is terminated, the School is responsible for its debts. (17) Payment shall be made to the School no later than the 15'" of each month from September through May with a final payment due by July 15th See Appendix M (38) for a sample worksheet for calculating the School's revenues. The Sponsor shall complete this worksheet the month following the actual FTE survey periods. The following invoice will be prepared by the Sponsor based upon the original revenue worksheet divided by the number of months in the school year until a revised worksheet schedule is completed. To determine invoice amounts after a revised schedule IS complete, the following steps should be performed: (A) Total Estimated Revenue as of (B) Less 5% Administrative Overhead (C) Less Payments to Date to Charter School ( ( ) ) (D) Less Other (describe): ( ) (E) Net Amount Due (F) Number of Months Remaining ( ( ) ) (G) Amount this Payment City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 23 (18) The administrative fee retained by the Sponsor pursuant to this Contract includes, among other things, a fee fer the processing of the application and the Contract and for academic and financial monitoring required of the Sponsor by law. (19) The parties agree that the Sponsor, with reasonable notice, may request at any time and up to four (4) times a year reports on school operations and student performances and the School shall provide the same. (20) The Sponsor reserves the right to require the School to adhere to any additional financial requirements mandated by the Florida Department of Education as it applies to charter schools. (21) Any Title I funds allocated to the School must be used to supplement students greatest instructional needs that have been identified by a comprehensive needs assessment of the entire School. The School's eligibility to receive Title I funds will be based on the percentage of students participating in the Free and/or Reduced Price Lunch Program as determined by an Economic Survey using a predetermined cut-off level established by the Sponsor. (22) The per pupil allocation of Title I funds will correlate with the per pupil allocation of the home school. (23) Any equipment item purchased with Title I funds costing $750 or more, which is classified as Capitalized Audio Visual, or Equipment remains the property of Title 1. This property must be identified and labeled for Title I property audits. (24) If the School accepts Title I funds, at least one percent of the Title I funds budget must be spent in support of parental involvement activities. City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 24 (25) The district and region Title I staff will provide technical assistance and support in order to ensure that Title I guidelines are being followed at the School and that students are meeting high content and performance standards. (26) When the funding source requires that the Sponsor serve as the fiscal agent for a grant, the School shall comply with the following procedures: (a) Prior to generating any paperwork to the funding agency, the School shall notify the Division of Schools of Choice, in writing, of its intent to submit a grant application. (Attach grant application guidelines.) (b) The Division of Schools of Choice will forward the written request, along with the grant application guidelines, to Federal Programs and Grants Administration (FPGA). (c) Upon receipt of the written request, FPGA will prepare the grant application procedures packet and timeline for the School. (d) FPGA will process all application documents requmng the Superintendent's signature. (e) In accordance with the established timeline, the School will submit the final application and the appropriate copies to FPGA for transmittal to the funding agency. B. REPORTING OF STUDENTS (1) In order to facilitate the School's reporting requirements as reflected in the legislation and in order to provide continuous data for students participating in the School, the parties agree that the School will utilize the Sponsor's electronic data processing facility and procedures for the processing of student enrollment, attendance, FTE collection, and City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 25 assessment information. The Sponsor will analyze the School's facility and develop a hardware/software solution, which provides the School with limited access to the Sponsor's data processing facility. The School will provide hardware and related infrastructure. There will be no cost to the School for the related installation of software programs. (2) The Sponsor will also provide training for the School's personnel in the use of designated district applications necessary to respond to the legislative requirements of Section 229.592, Florida Statutes, including the annual report and the state/district required assessment program. The Sponsor's support for this function will be provided at cost and will not exceed the 5% administrative fee provided in the law. Access by the School to additional data processing applications not required in the legislation but available through the Sponsor may be negotiated separately by the parties. (3) If the School submits data relevant to Frn funding that is later determined through the audit procedure to be inaccurate, the School shall be responsible for any reimbursement to the State for any errors or omissions that for which the School is responsible. (4) Access by the School to materials and forms not required in the legislation, but available through the Sponsor may be negotiated separately by the parties. C. FACILITIES (I) The School agrees to use facilities which comply with the State Uniform Building Code for Public Education Facilities Construction adopted pursuant to Section 235.26, Florida Statutes, or with applicable state minimum building codes pursuant to Chapter 553, Florida Statutes, and state minimum fire protection codes pursuant to Section 633.025, Florida Statutes, as adopted by the authority in whose jurisdiction the facility is located. City of A ventura ACES Charter Contract Submitted: January 18.2002 Charter Schools USA 26 (2) The School agrees to provide the Sponsor with documentation regarding the School's property interest (owner or lesser lessee) in the property and facility where the School will operate. If the School does not own the property and facility, the School must show proof of a signed lease five (5) days before the initial opening day of classes. (3) The School will be located at 3333 Northeast 188th Street. Aventura. Florida 33180 (39) (4) The School shall comply with all applicable laws, ordinances, and codes of federal, state, and local governance, including Individuals with Disabilities Education Act, as they apply to this Contract. It is expressly agreed that the School shall obtain all necessary licenses, permits, use approval, facility certification, and other approvals required for use of the facility by the local government or other governmental agencies. The School further agrees that all cost for or associated with complying with local ordinances, securing licenses, permits, use approval, facility certification, and other approvals, including but not limited to application fees, advertising costs, surveyor costs, plan review fees, permit costs and licensing costs, and any other additional charges or surcharges by the local government or other governmental agencies, shall be paid by the School. The School will show proof of the appropriate facility certification, including all certificates that are required by the applicable building codes, before the initial opening day of classes. If the School fails to obtain all licenses, permits, use approval, facility certification, and any other approvals as required by the local government or any other governmental bodies ten (10) working days prior to the initial opening day of classes, this Contract shall terminate with no compensation due to the School, however, the application shall remain effective for the following school year. City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 27 (5) The School agrees not to affix any religious symbols, statues, artifacts, etc., on or about the property and facilities where the School will operate. D.TRANSPORTATION (1) The School agrees to provide transportation to the School's students consistent with the requirements of Chapter 234, Florida Statutes. At the discretion of the School's governing body, transportation will be provided, either through private providers who meet all applicable State and Sponsor's safety and transportation standards with funds allocated to eligible students, or by the Sponsor, upon mutual agreement by contract. Transportation shall not be a barrier to equal access for all students residing within a reasonable distance, not greater than four (4) miles, from the School as determined in the School's transportation plan in the approved application. The School may choose to provide transportation to students who live beyond four (4) miles from the School, at their discretion. (2) The School will provide the Sponsor the name of the private transportation provider and a copy of the signed transportation contract ten (10) working days prior to the opening day of classes. (3) The rate of reimbursement will be equivalent to the reimbursement rate provided by the state for all eligible transported students within the district. E. INSURANCE INDEMNIFICATION (1) The School, to the extent immunity may be waived pursuant to Section 768.28, Florida Statutes, agrees to indemnify, defend with competent counsel and hold the Sponsor, its members, officers, and agents, harmless from any and all claims, actions, costs, expenses, damages, and liabilities, including reasonable attorney's fees, arising out of, connected with or City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 28 resulting from: (a) the negligence of the School's employees, contractors, subcontractors, or other agents in connection with and arising out of their services within the scope of this agreement; (b) disciplinary action or the termination of a School employee; (c) the debts accrued by the School and/or non-payment of same; (d) the School's material breach of this agreement or law; or (f) any failure by the School to pay its suppliers or any subcontractors. However, the School shall not be obligated to indemnify the Sponsor, against claims, damages, expenses or liabilities to the extent these may result from the negligence of the Sponsor, its directors, officers, employees, and subcontractors. The duty to indemnify for professional liability as insured by the School Leaders Errors and Omissions Liability Policy described in this Contract will continue in full force and effect notwithstanding the expiration or early termination of this agreement with respect to any claims based on facts or conditions which occurred prior to termination. In no way shall the School Leader's Errors and Omissions Liability Policy three (3) year limitation on post-termination claims of professional liability impair the Sponsor's claims to indemnification with respect to a claim for which the School is insured or for which the School should have been insured under Commercial General Liability Insurance. In addition, the School shall indemnify, defend and protect and hold the Sponsor harmless against all claims and actions brought against the Sponsor by reason of any actual or alleged infringement of patent or other proprietary rights in any material, process, machine or appliance used by the School. (2) The Sponsor, to the extent immunity is waived pursuant to Section 768.28, Florida Statutes, agrees to indemnify, defend with competent counsel and hold the School, its members, officers, employees, and agents, harmless from any and all claims, actions, costs, expenses, damages, and liabilities, including reasonable attorney's fees, arising out of, connected with or resulting from: (a) the negligence, intentional wrongful act, misconduct or culpability of City of Aventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 29 the Sponsor's employees, contractors, subcontractors, or other agents in connection with and arising out of their services within the scope ofthis agreement; (b) the Sponsor's material breach of this agreement or law; and (c) any failure by the Sponsor to pay its suppliers, contractors, or any subcontractors. (3) The School and the Sponsor shall notify each other of the existence of any third party claim, demand or other action giving rise to a claim for indemnification under this provision (a "Third Party Claim") and shall give each other a reasonable opportunity to defend the same at its own expense and with its own counsel, provided that the School or Sponsor shall at all times have the right to participate in such defense at its own expense. If, within a reasonable amount of time after receipt of notice of a Third Party Claim, the School or Sponsor shall fail to undertake to so defend, the other party shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment) the Third Party Claim for the account and at the risk and expense of the School or Sponsor which they agree to assume. The School or the Sponsor shall make available to each other, at their expense such information and assistance as each shall request in connection with the defense of a Third Party Claim. (4) The School's indemnity obligations under this provision and elsewhere in the Contract shall survive the expiration or termination of this Contract. EVIDENCE OF INSURANCE The School shall provide evidence ofliability insurance in the following manner: (I) As evidence of compliance with the insurance required by this agreement, the School shall furnish the Sponsor with fully completed certificate(s) of insurance signed by an City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 30 authorized representative of the insurer(s) providing the coverage before the initial opening day of classes. (2) The evidence of insurance shall provide that the Sponsor be given no less than 60 days written notice prior to cancellation. (3) Until such time as the insurance is no longer required to be maintained by the School, the School shall provide the Sponsor with evidence of the renewal or replacement of the insurance no less than 30 days before the expiration or termination of the required insurance for which evidence was provided. Insurers providing the insurance required by the School by this agreement must meet the following minimum requirements: (1) Be (I) authorized by subsisting certificates of authority by the Department of Insurance of the State of Florida, or (II) an eligible surplus lines insurer under Florida Statutes. In addition, the insurer must have a Best's Rating of" A-" or better and a Financial Size Category of "VI" or better, according to the latest edition of Best's Key Rating Guide, published by AM. Best Company. (2) If, during this period when an insurer is providing the insurance as required by this agreement, an insurer shall fail to comply with the foregoing minimum requirements, as soon as the School has knowledge of any such failure, the School shall immediately notify the Sponsor and promptly replace the insurance provided by the insurer with another insurer meeting the requirements. Without limiting any ofthe other obligations or liabilities of the School, the School shall, at the School's sole expense, procure, maintain and keep in force the amounts and types of City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 31 insurance conforming to the minimum requirements set forth in this agreement. Except as otherwise specified in this agreement, the insurance shall commence prior to the commencement of the opening of the School and shall be maintained in force, without interruption, until this agreement is terminated, COMMERCIAL GENERAL LIABILITY INSURANCE Except as otherwise provided, the Commercial General Liability Insurance provided by the School shall conform to the requirements hereinafter set forth: (1) The School's insurance shall cover the School for those sources of liability (including, but not by way of limitation, coverage for operations, Products/Completed Operations, independent contractors, and liability contractually assumed) which would be covered by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 0001), as filed for use in the State of Florida by the Insurance Services Office. (2) The minimum limits to be maintained by the School (inclusive of any amounts provided by an umbrella or excess policy) shall be $1 million per occurrencel$3 million annual aggregate. (3) Except with respect to coverage for Property Damage Liability, the Commercial General Liability coverage shall apply on a first dollar basis without application of any deductible or self-insured retention. The coverage for Property Damage Liability may be subject to a maximum deductible of$I,OOO per occurrence. (4) The School shall include the Sponsor and its members, officers and employees as Additional Insured on the required Commercial General Liability Insurance. The coverage afforded such Additional Insured shall be no more restrictive than that which would be afforded City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 32 by adding the Sponsor as Additional Insured using the latest Additional Insured - Owners, Lessees or Contractors (Form B) Endorsement (ISO Form CG 20 10). The certificate of insurance shall be clearly marked to reflect "The Sponsor, its members, officers, employees and agents as Additional Insured." AUTOMOBILE LIABILITY INSURANCE The Automobile Liability Insurance provided by the School shall conform to the following requirements: (I) The School's insurance shall cover the School for those sources of liability which would be covered by Section II of the latest occurrence edition of the standard Business Auto Policy (ISO Form CA 0001), including coverage for liability contractually assumed, as filed for use in the State of Florida by the Insurance Services Office. (2) Coverage shall be included on all owned, non-owned and hired autos used in connection with this agreement. (3) The minimum limits to be maintained by the School (inclusive of any amounts provided by an umbrella or excess policy) shall be $1 million per occurrence, and if subject to an annual aggregate, $3 million annual aggregate. WORKERS' COMPENSA TIONIEMPLOYERS' LIABILITY INSURANCE The Workers' CompensationlEmployers' Liability Insurance provided by the School shall conform to the following requirements: (1) The School's insurance shall cover the School (and to the extent its subcontractors and its sub-subcontractors are not otherwise insured), for those sources of liability which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 33 restrictive endorsements. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employers' Liability Act and any other applicable federal or state law. (2) Subject to the restrictions found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act or any other coverage customarily insured under Part One of the standard Workers' Compensation Policy. The minimum amount of coverage for those coverage's customarily insured under Part Two of the standard Workers' Compensation Policy shall be: EL Each Accident: $500,000; EL Disease-Policy Limit: $500,000; EL Disease-Each Employee: $500,000. SCHOOL LEADER'S ERRORS AND OMISSIONS LIABILITY INSURANCE The School shall provide, subject to reasonable commercial availability, the School Leader's Errors and Omissions Liability Insurance conforming to the following requirements: (I) The School Leader's Errors and Omissions Liability Insurance shall be on a form acceptable to the Sponsor and shall cover the School for those sources of liability typically insured by School Leader's Errors and Omissions Liability Insurance such as School Leader's Errors and Omissions Liability Insurance policies offered by The National Union Fire Insurance Company of Pennsylvania, arising out of the rendering or failure to render professional services in the performance of this agreement, including all provisions of indemnification, which is part of this agreement. (2) The insurance shall be subject to a maximum deductible not to exceed $25,000 per claim. City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 34 (3) If on a claims-made basis, the School shall maintain, without interruption, the Professional Liability Insurance until three (3) years after termination of this agreement. (4) The minimum limits to be maintained by the School inclusive of any amounts provided by an umbrella or excess policy, shall be $1 million per claim/annual aggregate. PROPERTY INSURANCE Option #!: The Sehoollllill provide pr-opet'ty insllranee jfH' the filll1'efJlaeement Willie of the sehool faei/ity Ilnd Bll oontent (awn JH'opel't)'). Option #2: Evidence of properly insurance coverage will be provided no later than five (5) days prior to opening of schooL (40) APPLICABLE TO ALL COVERAGES The insurance provided by the School shall apply on a primary basis and any other insurance or self-insurance maintained by the Sponsor or its members, officers, employees or agents, shall be in excess of the insurance provided by or on behalf of the School. Except as otherwise specified, the insurance maintained by the School shall apply on a first dollar basis without application of deductible or self-insurance retention. Compliance with the insurance requirements of this agreement shall not limit the liability of the School, its subcontractors, its sub-subcontractors, its employees or its agents to the Sponsor or others. Any remedy provided to the Sponsor or its members, officers, employees or agents by the insurance shall be in addition to and not in lieu of any other remedy available under the agreement or otherwise. The School shall require its subcontractors and its sub-subcontractors to maintain any and all insurance required by law. Except to the extent required by law, this agreement does not establish minimum insurance requirements for subcontractors or sub-subcontractors. City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 35 Neither approval by the Sponsor nor failure to disapprove the insurance furnished by the School shall relieve the School of the School's full responsibility to provide the insurance as required by this agreement. The School shall be in default of this agreement for failure to maintain such insurance as required by this agreement. The School shall indemnify and hold harmless the Sponsor against all claims, demands, suits, or other forms of liability for personal injury, property damage, or violations of civil rights that may arise out of, or by reason of actions of the School and/or its employees, agents, and representatives. PARTV. GOVERNANCE STRUCTURE (I) The seven member. dulv elected representatives to the City of Aventura Commission wil/ serve as the School's Board of Directors (Board) (41) (2) The primary responsibility of the Board is to lead in the identification and development of broad fJoals and specific obiectives to be accomplished bv the School. The Board SUPlJOrts these goals and obiectives bv annual/v ado1Jfinf! an operatinf! budget, (3) Accordinf! to statute the Board wil/ make or direct the submission of an annual prow-ess report to the Sponsor. (4) The Board shall oversee the City manager who wil/ be responsible for supervising the terms of the management aweement with the Citv's selection of an education management companv. The Citv's aw-eement with the education management companv shall ensure that all of the provisions herein and in the application attached hereto as Appendix A shall be enforced. (5) The School's governing body shall be fingerprinted by the school district prior to the school opening. Board members appointed to the governing body after the approval of the City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 36 School's Contract must be fingerprinted within 30 days of their appointment. The cost of fingerprinting shall be borne by the School or the governing body member. The School agrees to dismiss governing body members whose fingerprint checks results reveal noncompliance with standards of good moral character. (6) The teachers, support, and contractual staff will be directly supervised by the Education Management Companv. (44) (7) A School Advisorv Board (SAB) will be established to facilitate achievement of the mission of the School, and to ensure that the School meets the needs of the children and community it is developed to serve. Membership of the SAB wil/ be comprised entirelv of persons with children enrolled at the School. The SAB wil/provide inlJUt into school related issues including school operating hours. academic prowamminf!. conduct and dress policv. extra-curricular activity. and the school calendar.(45) (8) The Board is responsible to all of the people for whose benefit the school has been established The Board's primary responsibilitv is to insure the best educational outcome bv the students attending the School. The Board will select a reliable and proven educational management companv to implement those prow-ams and procedures which wil/produce the best educational achievement. The powers and duties of the Board wil/ be as conferred and prescribed bv law. (9) As indicated above, the School will be responsible for administrative school functions, such as bookkeeping, pursuant to the rules and policies that are developed by the Board of Directors. City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 37 (10) No member of the School's Board of Directors will receive compensation, directly or indirectly from the School's operations. (11) The School's parents will contractually agree to be responsible for their children's attendance (per applicable rules and regulations), classroom participation, and behavior. Attached, as Appendix N (46) is the School's Parental Contract. To insure that parents/guardians will have a strong voice in the governance of the School, the following policies will be observed: . board meetings will be open to the public in accordance with Section 286.011 Florida Statutes, and parents/guardians shall be notified in a timely manner and encouraged to attend. Notification will also be available in languages other than English (e.g., Spanish, Haitian-Creole), as appropriate; and periodic academic progress meetings will be held with parents/guardians as a way to provide "open discussion" and two-way feedback on student and program progress. (12) The School will comply with Section 119.011(2), Florida Statutes, relating to public records in that all the financial and membership records shall be public records and subject to the provisions of Section 119.07, Florida Statutes. (13) The School's governing body. or its representative. will provide to the Sponsor on an annual basis, by September I ", a tentative schedule of all governing body meetings for the school year, including the date and time of the meetings and the locations. The School will be responsible for notifying the Sponsor of any changes to this schedule at least two (2) days prior to the meeting. City of A ventura ACES Charter Contract Submitted: January 18. 2002 Charter Schools USA 38 (14) The School agrees to allow reasonable access to its facilities and records to duly authorized representatives of the Sponsor. PART VL MANAGEMENT COMPANIES (I) If a management company will be managing the School, the contract between the management company and the governing body of the School shall be submitted to the Sponsor prior to the approval of the School's Contract. All amendments to the contract between the management company and the governing body of the School shall be submitted to the Sponsor within five (5) days of execution. (2) The contract between the governing body of the School and the management company shall require that the management company operate the School in accordance with the terms stipulated in the School's Contract and all applicable laws, ordinances, rules, and regulations. PART VII. HUMAN RESOURCES A. EMPLOYMENT (I) The Governing Board of the charter school will utilize the services of a professional education management companv for the dailv operations of the Schoo/. The education management companv will be the actual emplover of all staff. All emplovees of the school wil/ receive benefits throufJh the education manafJement companv includinf! health. retirement and all other benefits prescribed bv Federal and state labor law. (47) The School shall submit annually to the Sponsor its written strategies used to recruit, hire, train, and retain qualified staff. The School agrees that its employment practices shall be nonsectarian. (2) The School shall be responsible for promoting diversity in its staff. City of A ventura ACES Charter Contract Snbmitted: January 18,2002 Charter Schools USA 39 (3) All instructional staff assiflned to the school and under the emplov of the education manal{ement companv shall be certified as required by Chapter 231, Florida Statutes. The Principal may be employed directly bv the Citv of Aventura and not the education manaf!ement comvanv if the Citv of Aventura so chooses. The School may employ or contract with skilled selected non-certified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in Chapter 231. Their resumeslbiegFliflhies Qualifications will be available to parents and community members upon request. Parents will be advised of the School's commitment to providing continuing professional development programs for its teachers to enhance their ability to maximize student learning. (4) The School agrees to provide the Sponsor the names and social security numbers of new emplovees ef all applieaats. In order to ensure that all School employees are processed properly through the Sponsor, the School will provide the Sponsor, by the 5th of each month, copies of the payroll roster for the previous month. Failure to provide this information on a timely manner may result in withholding ofFTE payments. (5) The School agrees not to knowinglv employ an individual for instructional services if the individual's certification or licensure as an educator is suspended or revoked by this or any other state. (6) The School agrees not to knowinf!lv employ an individual who has resigned in lieu of disciplinary action or who has been dismissed by any school district. (7) The School agrees to disclose to the parents and the Sponsor the qualifications of its teachers upon request. City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 40 (8) The School agrees to fingerprint all employees as required by Section 231.02, Florida Statutes and Board Rule 6Gx13- 4C-1.021. The Sponsor shall perform the processing of each employee's and other school-based oersonnel's fingerprints. The cost of fingerprinting will be borne by the School or the employee. The School agrees that School employees shall be on probationary status pending fingerprint processing by the Sponsor through the Florida Department of Law Enforcement and the Federal Bureau ofInvestigations. The School agrees to dismiss employees whose fingerprint check results reveal non-compliance with standards of good moral character. (9) The School agrees to conduct general drug screemng on all applicants for instructional and non-instructional positions with the School, in the manner set forth bv the Management Companv's Drug-Free Worlwlace fJUidelines. attached hereto as Appendix O. or in School Board Rule 6Gx13- 4-1.05 and the Miami-Dade County Public Schools Drug-Free Work Place Technical Guide, attached hereto as Appendix P (48). A negative drug screening result shall be a requirement for employment. The cost of drug screening will be borne by the School or the employee. (10) The School agrees to abide by the guidelines set forth in Chapter 6B-1.001, Code of Ethics of the Education Profession in Florida, and Chapter 6B-1.006, Principles of Professional Conduct for the Education Profession in Florida, hereby attached as Appendix Q (49). (11) Attached, as Appendix A (50), is the School's policy for selecting and employing personnel. City of A ventura ACES Charter Contract Submitted: January 18,2002 Charter Schools USA 41 (12) Pursuant to Section 228.056, Florida Statutes, School employees shall have the option to bargain collectively and may collectively bargain as a separate unit or as part of the existing district collective bargaining unit as determined by the structure of the School. (13) The School expressly reserves the right to discipline employees in accordance with the laws of the State of Florida and the United States of America. The School will apply thorough, consistent, and even-handed procedures in disciplinary actions. Terminated employees are entitled to receive compensation for the time they have been employed. B. PRIVATE OR PUBLIC EMPLOYEES The School wil/ be a private em plover as referenced in Appendix A. (51) PART VIII. MISCELLANEOUS (1) Neither party shall be considered in default of this Contract if the performance of any part or all of this Contract is prevented, delayed, hindered or otherwise made impracticable or impossible by reason of any strike, flood, hurricane, riot, fire, explosion, war, act of God, sabotage, accident or any other casualty or cause beyond either party's control, and which cannot be overcome by reasonable diligence and without unusual expense. (2) This Contract shall constitute the full, entire, and complete agreement between the parties hereto. All prior representations, understandings and agreements are superseded and replaced by this Contract. This Contract may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the parties. Any substantial amendment to this Contract shall require approval of the School Board. (3) This Contract shall not be assigned by either party. The School may, without the consent of the Sponsor, enter into contracts for services with an individual or group of City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 42 individuals organized as a partnership or cooperative so long as the School remains ultimately responsible for said services as set forth in this Contract. (4) No waiver of any provision of this Contract shall be deemed or shall constitute a waiver of any other provision unless expressly stated. (5) All representations and warranties made herein shall survive termination of this Contract. (6) If any provision or any part of this Contract is determined to be unlawful, void or invalid, that determination shall not affect any other provision or any part of any other provision of this Contract and all such provisions shall remain in full force and effect. (7) This Contract is not intended to create any rights of a third party beneficiary. This clause shall not be construed, however, as a waiver of any right of a member of the community, a student or parent of a student of the School. (8) This Contract is made and entered into in the State of Florida and shall be interpreted according to the laws of that state. (9) Every notice, approval, consent or other communication authorized or required by this Contract shall not be effective unless same shall be in writing and sent postage prepaid by United States mail, directed to the other party at its address hereinafter provided or such other address as either party may designate by notice from time to time in accordance herewith: City of A ventura. c/o Charter Schools USA. Michael Strader. 6245 North Federal Hif!hway. 5th Floor. Fort Lauderdale. Florida 33308 (52) City of A ventura. c/o Eric M Soroka. City Manaf!er. 19200 West Countrv Club Drive. Aventura. Florida 33180 (53) The School Board of Miami-Dade County, Florida 1450 Northeast Second Avenue, Suite 931 Miami, Florida 33132 City of A ventura ACES Charter Contract Submitted: January 18. 2002 Charter Schools USA 43 Attn.: Deputy Superintendent for Education Copies of all Notices to: Clerk of the School Board 1450 Northeast Second Avenue Miami, Florida 33132 (10) The School and the Sponsor both represent that they have been represented in connection with the negotiation and execution of this Contract and they are satisfied with the representation. (11) The headings in the Contract are for convenience and reference only and in no way define, limit or describe the scope of the Contract and shall not be considered in the interpretation of the Contract or any provision hereof (12) This Contract may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one Contract. (13) Each of the persons executing this Contract has the full power and authority to execute the Contract on behalf of the party for whom he or she signs. (14) In the event of any conflict between the provisions of this Contract and any Appendix, this Contract shall prevail. City of A ventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 44 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written. ATTEST: AVENTURA CHARTER ELEMENTARY SCHOOL (54) By: By: Name: Teresa M. Soroka, City Clerk Name: Eric M. Soroka, City Manager APPROVED AS TO FORM: City Attorney ATTEST: THE SCHOOL BOARD OF MIAMI - DADE COUNTY, FLORIDA By: By: Perla Tabares Hantman, Chair Merrett R. Stierheim, Secretary APPROVED AS TO FORM: School Board Attorney City of Aventura ACES Charter Contract Submitted: January 18, 2002 Charter Schools USA 45 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: 2001/02 FY Budget Amendment Ordinance 1st Reading February 5, 2002 City Commission Meeting Agenda Item to Qi 2nd Reading March 5, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the General Fund and Park Development Fund of the 2001/02 FY Budget. The amendment implements the Police Services Agreement with Aventura Mall and recognizes additional funding for the Community Recreation Project. BACKGROUND The attached amendment includes the following revisions: General Fund 001 1. Added five (5) police officer positions. 2. Increased revenues and offsetting expenditures associated with the Police Services Agreement. The amendments have been prorated based on the anticipated hiring dates of the officers. Park Development Fund 410 1. Recognizes additional carryover amount and recreation impact fee revenues in the amount of $352,500. 2. Increased budget line item by $352,500 for the Community Recreation Center to fund GMP. Memo to City Commission Page 2 If you have any questions, please feel free to contact me. EMS/aca Attachment CC01042-02 ORDINANCE NO. 2002-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 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 2001/2002 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. 2001-13, which Ordinance adopted a budget for the 2001/2002 fiscal year, by revising the 2001/2002 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 5th day of February, 2002. 2 Ordinance No. 2002-_ Page 3 PASSED AND ADOPTED on second reading this 5th day of March, 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 Charaes For Services 3421300 Police Service Agreement tOTAL RMNlJl!S 302,000 $;. 302'- Total Amendments-Revenues PUBLIC SAFETY 2001102 BUDGETARY ACCOUNT SUMMARY 001-2001-521 ,!I~>,:;":,;,'",:,,,::,:,,?:-,:,':i;':" (;OH' OAlIGORY Expenditures PERSONAL SERVICES Employee Salaries rqTAL EXPI!NDlTUF1E8 aoMJOl ~iilu IIVDCET 1201 _, .~'t.e;. Total Amendments-Expenditures Position - Revisions Number 2052-2056 Description 5 Police Officers Park Development Fund - 410 ... ~i_ . .'8WKiiT ,...,:....;...:.,;'.i.,.........,.,....:.,...<., "CAT~f Revenues Non -Revenue 3999000 Carryover SUBTOTAL 975,000 , .. 1171.000 3632700 Recreation Impact Fees SUBTOTAL 2IfIOUl2 AMENDED AMOUNr $ 151,000 181;000 -- tWerllED AMOur<< , 151,000 . 161,000 -,'.',- , 151,000 2ll8t102 .Aliliu* AMOUNT , 340,000 3AO,OOO Total Amendments-Revenues Expenditures Community Services - 572 6205 Mlllinuem Park/Community Rec Cent SUBTOTAL 1111:'!:!]: 1,000,000 1,*;000 Total Amendments-Expenditures , 362,!OO $; $; 352,500 3511,I!IOO -,!OO 2001102 REVISED BtJOCIEt $ :;= 2001102 REVISED SUDGI!T 4,114,287 $; 4,114~7: Action add 2001102 REVISED SUDGI!T 1,315,000 $ . 1,'15,000 $; 1,352,500 1,362,!OO CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Resolution Authorizing Execution of Amendment No. 2 to the Construction Management Services Agreement Establishing the Guaranteed Maximum Price for Phase II With James A. Cummings, Inc. - Community Recreation Center Project February 5, 2002 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which authorizes the execution of Amendment No. 2 to the Construction Management Services Agreement, which establishes the Guaranteed Maximum Price (GMP) for Phase II, construction of the Community Recreation Center project with James A. Cummings. The GMP for Phase II has been established at $5,138,682. BACKGROUND As previously authorized, the City Administration has been negotiating the GMP for the Community Recreation Center project. Our goal has been to obtain the lowest possible cost while at the same time protect the integrity of the building design approved by the City Commission. We have spent a great deal of time reviewing the project in detail with the contractor and architect to accomplish this goal. As previously reported, the cost of the construction of the Center had been estimated to be between $4,700,000 to $5,000,000. In late December, extensive geotechnical testing was performed on the property where the various building footings and foundations would be located. The tests found two problems. A high content of unsuitable soils and buried concrete slabs at critical areas of the property. Memo to City Commission Page 2 The City's soil engineers, Nutting Engineers, along with the Architect and Construction Manager devised a plan to remedy the situation as economically as possible. The plan included removing the concrete slabs, adding 15' deep stone column at the building pads and pre-loading the parking areas. This necessary procedure added $400,000 to the cost of the project. The Phase II GMP is $5,138,682. After negotiating the GMP including the soil issues, the project budget required an additional $352,500. As previously reported, the Park Development Fund achieved a fund balance from the prior fiscal year higher than anticipated. A budget amendment from this fund to recognize the additional amount is included on the Agenda. The current project budget is as follows: Expenditures: Architects Engineersll nspectors Preconstruction Fees Phase I GMP - Site Clearing Phase II GMP - Facility Construction Security, Communications Equipment Total $ 495,000 $ 11,800 $ 30,000 $ 92,666 $5,138,682 $ 125,000 $5,893,148 ($ 66,148) $5,827,000 Sub Total Less Projected Sales Tax Savings Revenues: General Fund Park Fund 2000 Loan Fund 340 2002 Loan Fund 350 $1,500,000 $1,352,000 * $3,075,000 $ 900,000 * Total $5,827,000 * includes budget amendments Memo to City Commission Page 3 As previously requested, a GMP for the Gazebo/Bandstand for the southern portion of Founders Park was obtained from the Construction Manager. Based on the difference between the original budget amount and the GMP, I have placed this item on the February Workshop Meeting for discussion. The construction completion date is scheduled for December 2002. I feel confident that when complete, the Community Recreation Center will be a facility that our residents will be proud of and provide a needed venue for recreation and educational programs for all age groups. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01045-02 RESOLUTION NO. 2002"_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO. 2 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES 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 II AT $5,138,682; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has negotiated Amendment No. 2 to Agreement for Construction Management Services and the establishment of the Guaranteed Maximum Price for Phase II; and WHEREAS, the City Commission, upon review, wishes to authorize the City Manager to execute Amendment NO.2 to the Agreement for Construction Management Services and establish the Guaranteed Maximum Price for Phase II with James A. Cummings, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2002-_ Page 2 Section 1. The City Commission hereby authorizes the City Manager to execute the attached Amendment No. 2 to the 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 Phase II. Section 2. The Guaranteed Maximum Price for Phase II as outlined in the attached document, for construction of the Community Recreation Center Project has been established at $5,138,682. Section 3. The City Manager is hereby 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 3 PASSED AND ADOPTED this 5th day of February, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AMENDMENT NO.2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCITON MANAGER I Pursuant to Paragraph 2.2 of the Agreement, dated November 6.2001, between City of Aventura (OwnetJ and James A. Cummings. Inc. (Construction ManagetJ, for City of Aventura Community/Recreation Center (The Project). the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below: ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defmed in Article 5, is Five Million One Hundred Thirty-Eight Thousand Six Hundred Eighty-Two Dollars ($5,138.682.001. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibit A as follows: Exhibit A City of Aventura/Recreation Center Revised Guaranteed Maximum Price Proposal dated January 28, 2002, as prepared by James A. Cummings, Inc. consisting of the following: 1. Project Summary dated January 28, 2002, Page 2. 2. List of Documents dated January 28, 2002, Pages 3 through 11. 3. Qualifications and Clarifications dated January 28, 2002, Pages 12 through 19. 4. Revised Guaranteed Maximum Price Proposal Breakdown and General Conditions dated January 28, 2002, Pages 1 through 21 (GMP), pages 1 through 3 (General Conditions). 5. Preliminary Schedule dated January 28, 2002, one page. The Parties alITee that the AlA DocumentA201-1997 Edition will be utilized in lieu of AlA Document A201-1987 Edition. Where this A2reement (AlA Document 121CMcl makes reference to AlA Document A201-1987 Edition. it is mutually alITeed that the appropriate article of AlA Document A201-1997 Edition shall be utilized. Qualifications and Clarifications dated January 28. 2002. shall take orecedence over all other documents. ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is Two Hundred Fifty-Two (2521 Calendar Days from the issuance of the Notice to Proceed or the issuance of the required Building Permits, which ever is later. Final Completion shall be Thirty (30) Calendar Days following Substantial Completion. OWNER: CITY OF AVENTURA By: Eric Soroka, City Manager Date: Date: A'ITEST: Pn/VV\.< ~ r, A'ITEST: AlA DOCUMENT A121/CMc and AGC DOCUMENT 565. OWNER - CONSTRUCTION MANAGER AGREEMENT. 1991 EDmON A1AiEl. 101991 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006-5209 AGC~. (01991 . THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E. STREET, N.W. WASHINGTON, D.C. 2006-5209. WARNING: Unlicensed photocopying violates U. S, copyright laws and will subject the violator to legal prosecution. A1211CMc AGC 565- 1991 ~I City of Aventura Community/Recreation Center I Revised Guaranteed Maximum Price Proposal January 28, 2002 James A. Cummings, Inc. 3575 NW 53rd Street Fort Lauderdale, Florida 33309 Phone: (954) 733-4211 Fax: (954) 485-9688 Email: info@jamesacummings.com Web site: www.jamesacummings.com ~inrriI~ ~ A VENTURA COMMUNITY IRECREA nON CENTER JANUARY 28, 2002 TAB I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project Summary TAB 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List ofDocurnents TAB 3. . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Description of Work TAB 4 . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . Revised Guaranteed Maximum Price Proposal TAB 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Preliminary Schedule 1 ~l 'Q!lI;j- If.",.. .~ James A. Cummings, Inc. 3575 Northwest 53rd Street Fort Lauderdale. FL 33309 ~ - ~u................qS GeOJWflS Phone: 954-733-4211 Fax: 954-485-9688 Website: www.jamesacummings.com January 28, 2002 City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 Attn: Mr. Eric Soroka Re: Aventura CommunitylRecreation Center Revised Guaranteed Maximum Price Proposal Gentlemen: Our Revised Guaranteed Maximum Price Proposal for the Aventura CommunitylRecreation Center is Five Million One Hundred Thirty Eight Thousand Six Hundred Eighty Two dollars ($5,138,682.00) including a One Hundred Thousand dollar ($100,000.00) Contingency and the Construction Manager's Fee. Enclosed please find a copy of the list of Drawings and Specifications; the Qualifications and Clarifications; the Owner Allowances; the Estimate and the Preliminary Schedule. Very truly yours, JAMES A. CUMMINGS, INC. ~~W.p~ Scott W. Pate Vice President of Estimating cc: James A. Cummings William R. Derrer Michael F. Lanciault Eduardo Lamas 2 A VENTURA COMMUNITY/RECREATION CENTER JANUARY 28, 2002 LIST OF MISCELLANEOUS DOCUMENTS Response to RFI #PCOOOI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/16/02 Response to RFI #PC0002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/16/02 Response to RFI #PC0003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/16/02 Response to RFI #PC0004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/16/02 Response to RFI #PC0005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/16/02 Response to RFI #PC0006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/22/02 Response to RFI #PC0007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/22/02 Response to RFI #PC0008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/22/02 Response to RFI #PC0009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/22/02 Response to RFI #PCOOIO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/22/02 Response to RFI #PCOOll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated 01/22/02 ResponsetoRFI#PCOOI2....................................... Dated 01/22/02 3 City of A ventura Community/Recreation Center 100% Construction Documents January 28, 2002 LIST OF DRAWINGS DESCRIPTION DATED RECEIVED BY J.A.C. Cover Sheet 1/11102 1114/02 Renderings NOT DATED 1/14/02 ARCHITECTURAL DRA WINGS A-O.O Index/SymbolslNotes 01109/01 01/14/02 A-O.l Survey 01109/01 01/14/02 A-2.0 Overall Floor Plan 01/09/01 01/14/02 A-2.1 Partial Floor Plan - Portion 'A' 01/09/01 01114/02 A-2.2 Partial Floor Plan - Portion 'B' 01/09/01 01/14/02 A-2.3 Plan, Elevations - Portion 'c' - Entry Pavillion & Tower 01/09/01 01114/02 A-2.4 Elevations - Portion 'c' Tower 01109/01 01/14/02 A-2.5 Partial Roof Plan - Portion' A' 01/09/01 01/14/02 A-2.6 Partial Roof Plan - Portion 'B' 01/09/01 01/14/02 A-3.0 Builidng Elevations North, South, East, West 01/09/01 01/14/02 A,3.1 Building Elevations - Portion' A' 01109/01 01/14/02 A-3.2 Building Elevations - Portion 'B' 01109/01 01114/02 A-4.0 Overall Building Sections - Portions 'A&B' 01/09/01 01/14/02 A-4.1 Wall Sections 01109/01 01/14/02 A-4.2 Wall Sections 01109/01 01/14/02 A-4.3 Wall Sections 01109/01 01/14/02 A-4.4 Construction Details 01/09/01 01/14/02 A-4.5 Wall Sections 01/09/01 01114/02 A-5.0 Wall Type Schedules 01/09/01 01114/02 A-6.0 Door Type Schedule & Details 01/09/01 01/14/02 A-6.1 Window Schedule & Details 01109/01 01/14/02 A-6.2 Finish Schedule 01109/01 01/14/02 A-7.0 Enlarged Restroom Plans & Details 01/09/01 01114/02 A-7.1 Restroom Elevations 01109/01 01/14/02 STRUCTURAL DRA WINGS S-I.I Partial Foundation & Ground Floor Plan Portion 'A' Partial Foundation & Ground Floor Plan Portion 'B' Partial Foundation & Ground Floor Plan Portion 'e' Roof Framing Plan - Portion 'A' Roof Framing Plan - Portion 'B' Roof Framing Plan - Portion 'C' General Structural Notes & Schedules Sections Sections Sections S-1.2 S-u S-2.1 S-2.2 S-2.3 S-3.0 S-4.1 S-4.2 S-4.3 01/09/02 01/14/02 01/09/02 01/14/02 01109/02 01/09/02 01/09/02 01/09/02 01109/02 01109/02 01/09/02 01/09/02 01/14/02 01/14/02 01/14/02 01/14/02 01114/02 01/14/02 01/14/02 01114/02 4 City of A ventura Community/Recreation Center 100% Construction Documents January 28,2002 DESCRIPTION CIVIL DRAWINGS DATED RECEIVED BY J.A.C. C-I PD-I PD-2 PD-3 ST-I D-I C-I C-2 C-3 C-4 C-5 C-6 C-7 Roadway Plan Cover Sheet Demolition Plan - NE 188'" Street Paving & Drainage Plan - NE 188" Street Paving & Drainage Details Striping & Signage Plan - NE 188'" Street Demolition, Earthwork Plan Site Plan Paving, Grading & Drainage Plan Sections Details Water & Sewer Plan Water & Sewer Service Profiles Details 11/28/01 11/28/01 11/28/01 11/28/01 11128/0 I 11/28/0 I 11/28/01 11/28/01 11/28/01 11128/0 I 11128/0 I 11128/01 11128/01 01/14/02 01114/02 01/14/02 01/14/02 01/14/02 01/14/02 01/14/02 01114/02 01/14/02 01/14/02 01/14/02 01114/02 01114/02 LIFE SAFETY DRAWINGS L.S.-I.O Life Safety Plan LANDSCAPE DRAWINGS L-I.O Hardscape Layout Plan L,2.0 Paving Plan L-3.0 Planting Plan L-3.I Planting Details Plan L-4.0 Irrigation Areas Plan L-5.0 Lighting Plan L-6.0 Furniture Plan L-7.0 Main Entrance Signage Plan & Details Partial Finish Floor Plan - Portion' A' Partial Finish Floor Plan - Portion 'B' Partial Reflected Ceiling Plan - Portion' A' Partial Reflected Ceiling Plan - Portion 'B' Portion' A' ~ Interior Elevations of Gym, Aerobics, and Fitness Room Portion' A' - Interior Elevations of Gym Lobby & Corridor Portion' B' - Interior Elevations Lobby & Gallery Portion 'B' - Interior Elevations of Corridors, Sitting Areas, Offices & Kitchen Portion 'B' -Interior Elevations of Multi- purpose Rooms I & 2 & Technical Center 11128/0 I 01/14/02 11128/0 I 01/14/02 11/28/01 01114/02 11128/0 I 01114/02 11/28/01 01/14/02 11/28/01 01114/02 11128/0 I 01114/02 11/28/01 01/14/02 01/09/02 01/14/02 01109/02 01/14/02 01/09/02 01/14/02 01109/02 01/14/02 01/09/02 01114/02 01/09/02 01/14/02 01109/02 01114/02 01/09/02 01/14/02 01/09/02 01/14/02 INTERIOR DESIGN DRAWINGS lD-I.O lD-l.l lD-2.0 lD-2.1 lD-3.0 lD-3.I lD,3.2 lD-3.3 lD-3.4 5 City of A ventura CommunitylRecreation Center 100% Construction Documents January 28, 2002 DESCRIPTION DATED RECEIVED BY J.A.C. lD-4.0 Enlarged Restroom, Finish Floor Plan & Elevation - Portion 'A' 01/09/02 01/14/02 lD-4.1 Enlarged Restroom Finish Floor Plan & Elevations. Portion 'B' 01/09/02 01114102 lD-5.0 Millwork Details 01/09/02 01/14102 lD-5.1 Millwork Details 01/09/02 01/14102 lD-5.2 Enlarged Millwork Details 01/09/02 01114102 lD-5.3 Millwork Details 01/09/02 01/14/02 ELECTRICAL DRA WINGS ES-I.O Electrical Site Plan 01109/02 01/14/02 ESL-I.O Roadway Lighting Plan 01109/02 01114/02 ESL-2.0 Electrical Detail & Notes 01/09/02 01114102 E-2.0 Electrical Floor Plan - Portion' A' Power 01/09/02 01114/02 E-2.1 Electrical Partial Floor Plan - Portion 'B' Power 01/09/02 01114102 E-2.2 Electrical Partial Reflected Ceiling Plan Portion 'A' Lighting 01/09/02 01/14/02 E-2.3 Electrical Partial Reflected Ceiling Plan Portion 'B' Lighting 01/09/02 01114102 E-2.4 Electrical Roof Plan - Portion 'A' Power 01/09/02 01/14/02 E-2.5 Electrical Roof Plan - Portion 'B' Power 01/09/02 01/14/02 E-3.0 Electrical Symbol Legend Notes & Details 01/09/02 01114102 E-3.1 Fire Alann & Telephone Rise Diagrams & Notes 01/09/02 01114102 E-3.2 Electrical Rise Diagram Schedules & Notes 01109/02 01114/02 E-3.3 Panel Schedules 01/09/02 01/14/02 FIRE PROTECTION DRAWINGS FP-2.1 Partial Floor Plan - Portion 'A' Fire Protection FP-2.2 Partial Floor Plan - Portion 'B' Fire Protection FP-3.0 Fire Protection Details Schedules 01/09/02 01114102 01/09/02 01/14102 01/09/02 01/14/02 01/09/02 01114/02 01/09/02 01/14/02 01/09/02 01114/02 01/09/02 01/14102 01/09/02 01/14/02 MECHANICAL DRAWINGS M-2.1 Partial Plan - Portion' A' Mechanical M-2.2 Partial Plan - Portion 'B' Mechanical M-3.0 Mechanical Details & Schedules PLUMBING DRA WINGS P-2.1 Partial Floor Plan - Portion' A' Plumbing P-2.2 Partial Floor Plan - Portion 'B' Plumbing 6 City of A ventura Community/Recreation Center 100% Construction Documents January 28, 2002 DESCRIPTION P-2.3 Sanitary & Water Riser Diagrams P-2.4 Rain Water Leader Piping Diagram Portion 'A' P-2.5 Rain Water Leader Piping Diagram Portion 'B' P-3.0 Plumbing Details & Notes DATED 01109/02 01/09/04 01/09/02 01109/02 7 RECEIVED BY J.A.C. 01114/02 01/14/02 01114/02 01/14/02 City of A ventura Community/Recreation Center 100% Construction Documents January 28,2002 PROJECT SPECIFICATIONS DATED JANUARY 11. 2002 DIVISION 0 - BIDDING DOCUMENTS AND REQUIREMENTS, CONTRACT FORMS 00003 Table of Contents 00820 Certificate of Compliance Trench Safety Act DIVISION 1 - GENERAL REQUIEMENTS 01010 Summary of Work 01025 Schedule of Values DIVISION 1 - GENERAL REQUIREMENTS (cont'd) 01031 0]045 01050 01060 01070 01090 01152 01200 01311 01340 01380 01400 0]410 01505 01510 01520 01530 01550 01560 01570 01590 01600 01660 01700 01710 01720 01730 01740 General Project Procedures Cutting and Patching Field Engineering Regulatory Requirements & Permits Abbreviations Reference Standards Applications for Payment Project Meetings Schedules and Reports Shop Drawings, Product Data and Samples Construction Photography Quality Control Testing Laboratory Services Mobilization, Site Preparation and Demolition Temoporary Utilities Construction Aids Protection of Existing Facilities Site Access and Storage Temporary Controls Traffic Regulations Contractor's Field Office Material and Equipment Equipment Testing and Startup Contract Closeout Cleaning Project Record Documents Operating and Maintenance Data Guarantees and Bonds DIVISION 2 - SITEWORK 02080 Utility Materials 02221 Excavating, Backfilling and Compacting for Utilities Site Clearing Excavation Support and Protection 02230 02260 8 02300 02361 02510 02520 02530 02630 02741 02751 02764 02780 02810 02900 City of A ventura Community/Recreation Center 100% Construction Documents January 28, 2002 Earthwork Termite Control Water Distribution Sanitary Sewage Concrete Joint Sealants Storm Drainage Hot-Mix Asphalt Paving Cement Concrete Pavement Pavement Joint Sealants Unit Pavers Irrigation Systems Landscaping DIVISION 3 - CONCRETE 03300 Cast In Place Concrete 03520 Lightweight Concrete Rooflnsulation DIVISION 4 - MASONRY 04220 Concrete Unit Masonry DIVISION 5 - METALS 05210 Steel Joists 05310 Steel Deck 05400 Cold Formed Metal Framing 05500 Metal Fabrications 05810 Expansion Joint cover Assemblies DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry 06402 Interior Architectural Woodwork DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07121 Cold Fluid Applied Waterproofing 07170 Bentonite Waterstop 07210 Building Insulation 07525 SBS - Modified Bituminous Sheet Roofing 07526 Elastomeric Roof Coating 07620 Sheet Metal Flashing and Trim 07720 Type S Roof Scuttle Specification 0790 I Joint Sealants DIVISION 8 - DOORS AND WINDOWS 08110 Steel Doors and Frames 08211 Flush Wood Doors 08305 Access Panels and Doors 08410 Aluminum Entrances and Storefronts 08710 Finish HardwarelWeatherstipping 9 08800 08825 08830 City of A ventura Community/Recreation Center 100% Construction Documents January 28, 2002 Glazing Decorative Glass Mirror Glass DIVISION 9 - FINISHES 09111 09220 09255 09310 09385 09402 09512 09530 09624 09641 09651 09653 09666 09681 09801 09900 Galvanized Metal Stud Framing System Portland Cement Plaster Gypsum Board Assemblies Ceramic Tile Dimension Stone Tile Epoxy Terrazzo Acoustical TileCeilings Sound Attenuation Blankets Resilient Athletic Surfacing Gymnasium Wood Floors Resilient Tile Flooring Resilient Wall Base and Accessories Sheet Vinyl Floor Coverings Carpet Tile Texture Acrylic Coating Painting DIVISION 10 - SPECIALTIES 10155 Toilet Compartments 10165 Laminated Plastic Toilet Partitions 10350 Flagpoles 10505 Metal Lockers 10522 Fire Extinguishers, Cabinets and Accessories DIVISION 10 - SPECIALTIES (cont'd) 10651 Operable Panel Partitions 10800 Toilet and Bath Accessories DIVISION II - EQUIPMENT 11490 Gymnasium Equipment DIVISION 12 - FURNISHINGS 12520 Window Shades 12760 Telescoping Stands DIVISION 15 - MECHANICAL 150 I 0 General Provisions 15023 Codes & Standards 15044 General Completion 15047 Identification 15057 Mechanical Support Devices 15060 Pipe & Pipe Fittings 15080 Piping Specialties 10 lSlOO 15161 15180 15401 15402 15404 15405 15450 15501 15770 15820 15840 15901 15908 City of A ventura Community/Recreation Center 100% Construction Documents January 28, 2002 Valves Vibration Isolation Mechanical Systems Insulation Water Supply Piping System Domestic Hot Water System Soil & Waste Piping Roof Drainage System Plumbing Fixtures & Trim Automatic Fire Sprinkler System Unitary AC Equipment Fans Ductwork Low Velocity/Medium Velocity HV AC Controls Testing and Balance DIVISION 16 - ELECTRICAL 16010 16023 16101 16105 16120 16140 16150 16440 16452 16460 16470 16475 16515 16525 16721 16740 16781 Basic Electrical General Requirements Codes & Standards Raceways & Conduit Outlet, Pull and Junction Boxes Wire & Cable Wiring Devices Motor Power & Control Wiring Disconnect Switches Grounding Dry- Type Transformers Panelboards Overcurrent Protective Devices Lighting Fixtures & Lamps Exterior Lighting Fire Alarm Sytem Telephone Raceway Systems Special Systems 11 QUALIFICATIONS AND CLARIFICATIONS JANUARY 28. 2002 The following is a list of Qualifications and Clarifications. Where conflicts may exist between these Qualifications and Clarifications and the 100% Construction Documents, these Qualifications and Clarifications shall govern. DIVISION 1: GENERAL REQUIREMENTS 1. Water management and drainage district permits, fees and bonds, impact fees and utility connection and usage fees are not included and shall be paid for by the Owner. 2. Threshold inspector and special inspectors and inspections are not included and shall be provided and paid for by the Owner. 3. Quality control testing is not included and shall be provided by the Owner. 4. Cadd as-built drawings are not included. please note that as-built information will be noted on a hard copy of the drawings and the information transferred to the Architect who shall incorporate this information into Caddo 5. All Risk Builders Risk Insurance including all deductibles is not included and shall be provided and paid for by the Owner. 6. Removal and disposal of asbestos, hazardous and/or contaminated materials and ground water is not included. 7. All cost of all permits is not included and shall be paid for by the Owner. 8. All F.F.E is not included and shall be provided by the Owner. 9. Owner's Protective Liability Insurance is not included. 10. The Revised Guaranteed Maximum Price Proposal as prepared by James A. Cummings, Inc. dated January 28, 2002 shall take precedence over all other Contract Documents. DIVISION 2: SITEWORK 10. Removal and/or relocation of existing underground or overhead mechanical, or electrical lines are not included. 11. The N.E. 1881h Street including the entrance road and loop is not included. 12. Traffic signalization is not included. 12 13. The landscaping is included as listed in the Plant List Recreation Center schedule as shown on sheet L-3.0. Please note that the plant quantities as shown on the plan on sheet L-3.0 does not agree with the plant quantities listed in the Plant List Recreation schedule. 14. The irrigation system is included with a 100% coverage oflandscaped and sodded areas. 15. The asphalt paving is included as one and one half inch (1-1/2") thick installed in two lifts. 16. Precast concrete wheel stops are not included. 17. Site Concrete Paving is included as 3000 psi grey concrete, reinforced with 6x6 10/1 0 welded wire mesh. 18. 650 Flexural 4000 psi portland cement concrete is not included. 19. Dry shake on aggregates and hardeners are not included. 20. Epoxy coated and/or galvanized wire mesh and reinforcing steel is not included. 21. Demucking and/or removal of unsuitable soil is not included. Please note that pre- loading of the parking lot, paver areas and concrete paved areas is included. 22. Stone columns (Vibrofloatation) are included as spaced seven feet (7') o.c. at the building pad and seven feet (7') o.c. at the footings. Please note that the stone columns spaced six feet (6') o.c. at the building pad and four feet (4') to five feet (5') o.c. at the footings are not included. 23. The relocation of trees is not included. 24. The topsoil for landscaped areas is included as two inches (2") thick. 25. Any work associated with a sea wall or removal of concrete rubble adjacent to the water is not included. Please note that the rip-rap, preparing the slope of the bank and turbidity barriers are included. 26. All the concrete for the sidewalks and paver bands are included as standard grey concrete. 27. The picnic tables, benches and trash receptacles are included. Please note that the A ventura logos for the trash receptacles are not included. 28. Separation fabric at walks and pavement is not included. 29. Pre-loading and dynamic compaction is included at the area of the future building and within the foundations of the tower and covered walkway. 13 DIVISION 3: CONCRETE 30. Galvanized or epoxy coated reinforcing steel and welded wire fabric is not included. 31. All slabs are included as being finished to a tolerance ofl/4" in 10'. 32. Architectural concrete including, but not limited, exposed aggregate finishes, form liners and sandblasted finishes is not included. Please note that rock salt finish for the pedestrian regular and specialty pavement is included. 33. The cast-in-place concrete frieze at the base of the tower is not included. Please note that this beam is included without any projections and is to receive a painted stucco finish. DIVISION 4: MASONRY 34. All interior concrete masonry units are included as regular weight, strength, shapes, colors and finish and in accordance with ASTM C-90 Type II. 35. The grout for the hollow metal frames set in masonry partitions is included as mortar. Please note that concrete grout is not included. 36. Dimension stone is not included. DIVISION 5: METALS 37. Steel angle corner guards are not included. 38. The Aluminum exterior roof access ladder is included from the low roof to the gym roof as indicated in detail 2 on sheet A-2.S. DIVISION 6: WOOD AND PLASTICS 39. All casework is included as plastic laminated plywood unless specifically noted otherwise on the Drawings. 40. Wood base is not included. 41. Plastic laminated plywood shelving in the storage closets is not included. 42. The plastic laminated wall behind the reception desk at the lobby room #137 is included. 43. Plastic Laminate PL-2 is not available in the lengths and widths that are required for its applications at the decorative wall panels. Therefore, seaming of this product will be required. 14 DIVISION 7: THERMAL AND MOISTURE PROTECTION 44. Elastomeric roof coating is included at concrete eyebrows, entry pavilion and the covered walkway leading to and including the tower. The one I-ply roof membrane shown in Details 5/ A-2.4 and 3/ A-4.4 is not included. 45. The continuous cant strip and flashing shown at the rear of the concrete eyebrows is not required with a fluid applied roof membrane system and is not included. 46. Cold Fluid Applied Waterproofing is not included. 47. Cementitious sprayed-on fireproofing is not included. 48. The roof is included as a N-2-I-MGFR mineral surfaced modified bitumen roof system as manufactured by GAF or equal over lightweight insulating concrete with an average insulating value ofR-20. Please note that steel wire mesh or galvanized plain steel welded wire fabric is not included. 49. Rigid insulation is not included over the lightweight insulating concrete. 50. All coping caps, overflow scuppers and flashing are included as shop fabricated galvanized steel with a mill finish. DIVISION 8: DOORS AND WINDOWS 51. All exterior aluminum entrances and storefront are included as impact-resistant with a clear anodized finish and nine sixteenths inch (9/16") blue tinted impact-resistant laminated glass. Please note that a color anodic finish is not included. 52. All aluminum entrances are included as medium stile doors. 53, Butt hinges and surface mounted closers for the aluminum doors are included. Center pivots and center-hung concealed floor closers will not meet impact-resistant requirements and are not included. 54. Manufacturers standard sized aluminum door pull handles are included. Please note that custom sized aluminum pull handles are not included. 55. The automatic door opener at door 3137-1 is included as motion sensor activated in accordance with the response to RFI #PCOOI2 dated January 22, 2002. 56. The wood doors are included as plain sliced maple as manufactured by Lambton or equal. Please note that pair matching or set matching of door veneers is not included. 15 57. Full louvered doors are not included. 58. All door frames are included as hollow metal. Please note that wood frames are not included. 59. All wall mirrors are included in as 1/4" thick. Please note that 3/8" thick mirrors are not included. 60. Aluminum windows are not included. 61. Metal framed skylights are not included. DIVISION 9: FINISHES 62. The areas ofthe exterior ofthe building not receiving split-face masonry are included as stucco consisting of job mixed portland cement, sand, lime and water. Also, stucco is included inside tl1e tower applied to cast-in-place concrete surfaces and on all exterior columns An Acryl 60 bonding agent integrally mixed in tl1e base coat is included. Please note that stucco is not included on the underside of the walkways and canopies or to the backside ofthe split-face masonry inside the tower. 63. The stucco control joints, expansion joints and reveals are included as cut and/or raked joints and reveals. Please note that embedded or attached metal or plastic devices in the stucco are not included. 64. The insulation for the exterior walls of the gym is included as foamed in place Core-Fill 500 or equal. Please note that rigid insulation is included at all other exterior walls. 65. Dens-Glass Gold gypsum board sheatl1ing is included at the atrium walls. 66. Air infiltration barrier is not included. 67. Sprayed-on fine textured and light splatter texture gypsum board finishes are not included. 68. The one half inch (Yz") thick gypsum board for vertical surfaces is included as tapered in lieu of non-tapered. 69, Insulation above tl1e ceilings is not included. 70. Laticrete sound control underlayment at the ceramic tile is not included. 71. Epoxy grout for the ceramic tile is not included. 72. Fiberglass scrim reinforcement for tl1e terrazzo is not included. 16 73. The wood flooring is included as Action Cush as manufactured by Action Floor Systems or equal. 74. The finish of the exposed gym roof structure is included "dry fall" paint. 75. A water repellant coating is included over the split-face masonry. DIVISION 10: SPECIALTIES 76. A total of eleven (11) each fire extinguishers are included as model #MP-5 as manufactured by Larsens or equal. 77. A total of eleven (II) each fire extinguisher cabinets are included as model AL2409-5R. 78. One portable fire extinguisher with bracket is included as model #MP-I 0 as manufactured by Larsens or equal. 79. Fire extinguishers, pressurized solid AFFF type, 2-1/2 gallon nominal capacity in stainless steel containers are not included. 80. Chalkboards are not included. 81. Presentation boards are not included. 82. Corner guards are not included. 83. The operable partition is included as manually operated. 84. A total offour (4) each model #KBKHSSWM stainless steel baby changing stations are included as manufactured by Koala or equal. DIVISION 11: EOUIPMENT 85. The gymnasium equipment is included as manufactured by Porter Athletic Equipment or equal. 86. A total of six (6) basketball goals electrically operated are included. Please note that four (4) of the basketball goals are included with wood backboards and two (2) of the basketball goals are included with glass backboards. Please note that standard keyed control stations are included for the electrically operated basketball goals. 87. Safety wall pads are included at the north and south walls of the gymnasium. 88. One scoreboard with a wireless control station is included as model #BB-1620-2 LED manufactured by Fair Play or equal. 17 DIVISION 12: FURNISHINGS 89. Window blinds are included at the Multi-Purpose Rooms. 90. A total off our (4) each nineteen feet (19') long bleachers with a row rise of nine and five eighths inches (9-5/8") are included as manufactured by Hussey Seating or equal. Please note that a power assist unit is included in lieu of an integral powered unit. 91. Entrance grids are not included. 92. The refrigerator is not included. DIVISION 15: MECHANICAL 93. Fire sprinklers for the covered walkways are not included. 94. All above grade sanitary piping, vent piping and rainwater leaders are included as Pvc. Please note that cast iron piping above grade is not included. 95. The controls for the HV AC is limited to thermostats for the individual rooftop package units. DIVISION 16: ELECTRICAL 96. Conduit is included as PVC where allowed by code. 97. Telephone/data wiring and equipment is not included. Please note that telephone/data raceways are included. 98. An emergency generator is not included. 99. A UPS system is not included. 100. A total of one hundred feet (100') of four inch (4") diameter PVC conduit for the telephone service to the building. Please note that service wiring is not included. 101. Furnishing of the type "A" pole mounted light fixtures is not included and shall be provided by the Owner. Please note that the installation and wiring of these light fixtures is included. 18 COMMUNITYIRECREATION CENTER OWNER ALLOWANCES 102. The Owner Allowances are sums of money established for a particular item of work which scope and description are not sufficiently defined to allow for pricing by Cummings. These Allowances are inclusive of all labor (unless otherwise indicated), payroll taxes and insurance, material, sales and use tax, equipment and services. The following items of work are included as Owner Allowances: 1. Hollow Metal Doors and Frames, Wood Doors and Finish Hardware - $34,000.00 2. Signage - $6,500.00 3. Security and Communication Raceways, Wiring and Equipment - $10,000.00 4. 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'" o "' '" N o .... o '0 " ~ I I I I I -~ I I N o > '0 Z '" ~ t'i 6 z " ~ N o .... o '0 " ~ N ~ z " ~ N o .... o '0 "' ~ N N z '0 ;:: W ...J 11. ::; '0 o ...J <( ;:: z <( .... I/) In :::J I/) o '" '" .... I/) ::J :r o z :::J 11. o '" '" Z '0 ;:: W ...J 11. ::; '0 o ...J <( Z u:: o o " ~~ U , ! . '" W .... Z W U Z Owu ~:5 3!: wCu)' "'w(!) u :r z w u ;;; '" CIl ~ ~~~ i~~ i ii ~ :E:::::iCl) 'oWW u 0:: ~ ili 11..., ::> .... z w ~ . . ~ .f ~n i ~ ~ ..0 I :; ~ i i go..: C Hi.. , " i , iJi i ! '. . . i i :E . . i " "E't . . ~ , . CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, City TO: City Commission DATE: January 23,2002 SUBJECT: Revised Police Services Agreement With Aventura Mall February 5, 2002 City Commission Meeting Agenda Item ~ T RECOMMENDATION It is recommended that the City Commission approve the attached Agreement with Aventura Mall for Police Services. The Agreement replaces the one entered into August 1, 1998. The Agreement increases the number of full-time police officers stationed on the Mall premises from three (3) to ten (10). The Agreement addresses security improvements, which are mutually beneficial to the Mall and the residents of the City. The majority of the costs are offset by the Mall. BACKGROUND In August of 1998, the City and the Mall entered into a Police Services Agreement to ensure that adequate police protection was available and to lessen the Mall's impact on police services for the remainder of the community, in light of the major Mall expansion. The Agreement provided for three full-time officers and off-duty police officers. On the third anniversary of the Agreement we began discussions to evaluate and possibly improve the police services arrangement. The mutual goal was to enhance security measures to ensure a safe environment for the Mall patrons. Out of these discussions grew the concept of relying more on full-time police officers and less on the use of off-duty officers. In addition, specific zones were established which include three (3) officers assigned to the overall Mall Zone and six (6) assigned to specific locations inside the Mall. The overall concept mirrors the Police Department's emphasis on community policing in other areas of the City. In addition, it increases the number of officers and hours the City's police presence is available at the Mall. Memo to City Commission Page 2 The major points are as follows: 1. The City will continue to provide three "on-duty" police officers to be stationed at the Mall as part of the Mall Zone patrol based on the schedule contained in Exhibit "A". 2. The City will provide six "on-duty" police officers in the interior of the Mall at specified locations and schedules as outlined in Exhibit "B". 3. The City will continue to provide a supervisor to oversee the zone units, Mall interior units and off-duty units. 4. The Mall will pay to the City $487,500 annually for the services provided. This amounts to offsetting the cost of 7.5 officers. The payment is subject to annual CPI increases. 5. Off-duty police officers will be provided on an as-needed basis based on the request of the Mall. 6. The law enforcement needs will be evaluated semi-annually to determine if any changes are necessary to improve security at the Mall. 7. The Agreement is for five years with an automatic one-year automatic renewal unless either party cancels six months prior to the expiration of the term. 8. The Mall may reduce the amount of on-duty officers it pays for, provided that they shall not reduce the amount by more than six officers at any point. The City shall have up to six months to implement the reductions. In order to implement the Agreement, the number of police officers authorized in the Budget would be required to be increased by five. An additional position was previously authorized in the Budget for the Mall. A Budget Amendment is included on the Agenda to implement the Agreement. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01 037-02 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL VENTURE, WHICH REPLACES THE AGREEMENT DATED AUGUST 1, 1998; 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 Police Services Agreement between the City of Aventura and Aventura Mall Venture which replaces the Agreement dated August 1, 1998. Section 2. The City Manager is hereby 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 5th day of February, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY POLICE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is effective the _ day of , 2002 (the "Effective Date") by and between the CITY OF AVENTURA, FLORIDA, a Florida municipality (the "CITY") and AVENTURA MALL VENTURE, a Florida general partnership (the "OWNER"). WHEREAS, OWNER is the owner and operator of the Aventura Mall (the "Mall") which constitutes the largest retail shopping facility within the CITY and within the region, and provides more than two million square feet of retail space; and WHEREAS, the volume and intensity of retail activities at the Mall creates special police and law enforcement demands; and WHEREAS, OWNER wishes to help offset the CITY'S costs which result from the provision of law enforcement services at the Mall; and WHEREAS, the City Commission finds that this Agreement constitutes a public purpose in providing police services and a tool to offset a portion of the cost of CITY'S law enforcement services required by the Mall. WHEREAS, OWNER and CITY have previously entered into a Police Services Agreement dated August 1, 1998 (the Prior Agreement"); and WHEREAS, simultaneous with the execution of this Agreement, the Prior agreement will terminate and be of no further force and effect. THE PARTIES HERETO DO COVENANT AND AGREE, AS FOllOWS: Section I. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein and made a part hereof by this reference. Section II. Provision of law Enforcement Services. A. On Dutv Mall Zone Patrol At a minimum, City shall provide the services of three (3) on-duty law enforcement officers. All such personnel sh~1I work exclusively at the Mall premises except in the event of extraordinary police emergencies. The officers shall be situated and located at the Mall for CITY's convenience in enhancing response times and avoiding unnecessary interruptions of regular CITY patrol. Personnel shall work shift hours set forth based on the schedule contained in Exhibit "A". The CITY will use it's best efforts to have the officers execute a Limited Waiver and Release of liability in favor of OWNER in a form agreed to by both parties. 1 B. On Dutv Mall Interior Patrol At a minimum CITY shall provide the services of six (6) on duty law enforcement officers. All such Personnel shall work exclusively out of the mall except in the event of extraordinary police emergencies and be stationed out of the police substation, which is located in the Mall for CITY's convenience in enhancing response times and avoiding unnecessary interruptions of regular CITY patrol. Personnel shall work shift hours set forth based on the schedule contained in Exhibit "B". The CITY will use it's best efforts to have the officers execute a Limited Waiver and Release of Liability in favor of OWNER in a form agreed to by both parties. C. Administration of Work The City shall provide one (1) supervisor to oversee zone units, mall interior units and off-duty units. The Supervisor shall submit to Mall Management, a list of names of the on-duty officers assigned to work at the Mall. Any changes made to the list during the term of the Agreement shall be reported to Mall Management. The Supervisor or acting Supervisor shall be at the Mall during all shift hours set forth on the schedule on Exhibit "A". It shall be the Supervisor's responsibility to ensure that the vacation times of the On-Duty Officers do not conflict with the schedule set forth herein. Additionally, during the Holiday Season (as defined in Exhibit "C" attached hereto, or as later modified in writing by OWNER) no more than one (1) of the On-Duty Officers shall be on vacation at a time. Whenever an officer is on vacation or sick, either a supervisor or a police officer selected and paid for by the City will cover such officers' duties. Both City and Owner agree it is essential for the Supervisor to have a good working relationship with the Mall. Should any problems arise regarding supervision, The Police Chief and Mall Management will meet to address these issues. By giving written notice to CITY, OWNER may reduce the amount of On-Duty Officers it pays for and requires. City shall have up to six (6) months to implement such reductions. Notwithstanding, Owner, shall not reduce by more than six (6) officers at any point in time. The remaining officers shall be assigned based on Owner's requested allocation and the Owner may amend the personnel work shift hours as set forth on the schedule contained on Exhibit "B". D. Pavment OWNER shall pay to CITY the annual amount of Four Hundred and Eight-Seven Thousand Five Hundred Dollars ($487,500), payable in advance, in equal monthly installments, for the duration of this Agreement to pay for seven and one-half (71/2) officers (the "Payment"). The CITY will pay for Supervisor and one and one-half (11/2) other officers. Payment shall be allocated to be Sixty-five Thousand Dollars ($65,000) per officer. Payment shall be made pro rata based on the number of officers retained and stationed at the Mall. Notwithstanding, Owner's obligation shall not commence unless and until City has retained its one and one-half (11/2) officers and Supervisor. The Payment shall be subject to annual Consumer Price Index (CPI) increases in 2 October of each year beginning on October 1, 2002. Payment shall be over and above payments of applicable ad valorem taxes, normal City revenues, impact fees and other fees as provided by law. The CITY represents that no sales tax is due on the payment. However, if sales tax does become due and payable, then CITY shall indemnify OWNER for any such sales tax due. E. Off Dutv Subject to CITY law enforcement personnel and resource limitations CITY shall provide off duty law enforcement officers ("Office-Duty Officers") for private duty details to the Mall on an as needed basis upon the request of the OWNER. OWNER hereby agrees to provide CITY at least two (2) weeks prior written notice in the event the services of Off-Duty Officers are needed. The Mall shall pay to City the prevailing off duty police officer rate per hour as established by City and in accordance with any future increases to said rate for all off duty officers. F. City Personnel All law enforcement personnel assigned to the Owner are employees of City which is acting as an independent contractor. City will pay all appropriate compensation due and owing to its law enforcement personnel, all employer contributions, and all required payroll taxes and withholdings as levied by the appropriate authorities. City shall provide for all personnel administration of its law enforcement officers assigned to the Mall and hereby fully indemnifies Owner from any liability thereunder, subject to the limits of Sec. 768.28, F.S. G. Record Maintenance and Self Audit The CITY shall be responsible for maintaining a log of the hours worked by all Personnel and supplying such data on a monthly basis to the Mall Designee. It shall be the CITY's responsibility to monitor and self audit all aspects of the Substation and to ensure that all Personnel are performing the duties required by this Agreement. H. Manpower Revisions Any deviations from the schedule manpower requirements established in this Agreement shall be subject to the approval of the City Manager or his designee and OWNER. I. Holidav Coveraae Notwithstanding anything herein to the contrary, in the event OWNER needs more coverage than provided for herein during the Holiday Season, OWNER shall make a written request for such additional coverage to the CITY at least thirty (30) days prior to the commencement of such Holiday Season and the CITY shall use its best efforts to comply with OWNER'S request. J. Annual Review Police law enforcement needs for the Mall shall be evaluated semi-annually by CITY and OWNER to determine if any changes are necessary to improve security at the Mall. The first evaluation shall take place six (6) months after the Effective Date. 3 Section III. Term of Aareement. This Agreement shall be in full force and effect for a period commencing on the Effective Date hereof and expiring five (5) years thereafter, and shall be subject to an automatic one (1) year renewal unless either party gives written notice of termination at least six (6) months prior to the expiration of the applicable term. Section IV. Cooperation. A. OWNER shall use its best efforts to cooperate with CITY's police department in connection with the performance of this Agreement. B. OWNER shall continue to provide private security guard services for the safety of patrons and for protection of property and prevention of theft, at OWNER's sole cost and expense, and nothing in this Agreement shall relieve OWNER of any responsibility or liability imposed by law. Additionally, any arrangements made by OWNER or merchants at the Mall for additional off-duty law enforcement services shall be independent of this Agreement. Section V. Default. A. OWNER Event of Default. Without limitation, failure by the OWNER to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by force majeure, shall constitute an "OWNER Event of Default". If an OWNER Event of Default should occur, the CITY shall have all of the following rights and remedies, which it may exercise singly or in combination: 1. In addition to all rights and remedies provided under Florida law, the right to declare that this Agreement, together with all rights granted to OWNER hereunder, terminated, effective upon such date as is designated by the CITY, provided OWNER fails to cure such default for a period of thirty (30) days after receipt of written notice from the CITY of such default (or longer period, provided that (1) the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default; (2) OWNER shall commence good faith efforts to cure such default no later than thirty (30) days after such notice, and (3) such efforts are prosecuted to completion, to CITY's reasonable satisfaction). 2. The right to terminate this Agreement, effective on such date designated by CITY, in the event OWNER shall be in breach of any of the terms or provisions of this Agreement on three (3) or more occasions during any consecutive twenty-four (24) month period, notwithstanding OWNER's right to cure. 4 B. CITY Event of Default. Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by force majeure, shall constitute a "CITY Event of Default". If a CITY Event of Default should occur, the OWNER shall have the following rights and remedies, which it may exercise singly or in combination: 1. In addition to all rights and remedies provided under Florida law, the right to declare that this Agreement, together with all rights granted to CITY hereunder, terminated, effective upon such date as is designated by the OWNER, provided CITY fails to cure such default for a period of thirty (30) days after receipt of written notice from the OWNER of such default (or longer period, provided that (1) the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default; (2) CITY shall commence good faith efforts to cure such default no later than thirty (30) days after such notice, and (3) such efforts are prosecuted to completion, to OWNER's reasonable satisfaction). 2. The right to terminate this Agreement, effective on such date designated by OWNER, in the event CITY shall be in breach of any of the terms or provisions of this Agreement on three (3) or more occasions during any consecutive twenty-four (24) month period, notwithstanding CITY's right to cure. Section VI. Governina Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Section VII. Indemnitv. A. OWNER shall indemnify, defend and hold harmless CITY and its affiliates, and their respective members, managers, officers, directors, employees and agents (collectively the "City Indemnified Parties") from and against any and all losses, claims, damages, expenses (including reasonable attorneys' fees) and liabilities incurred or paid by any of the City Indemnified Parties in connection with the investigation, defense, prosecution, settlement or appeal of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and to which any of the City Indemnified Parties was or is a party or is threatened to be made a party by reason of or arising out of, and solely to the extent the same arises out of, the negligence or willful misconduct of OWNER or any of OWNER's partners, officers, employees, agents or contractors solely in connection with this Agreement. 5 B. Subject to the limits of Sec. 768.28, F. S., CITY shall indemnify, defend and hold harmless OWNER and its affiliates, and their respective partners, shareholders, members, managers, officers, directors, employees and agents (collectively the "Owner Indemnified Parties") from and against any and all losses, claims, damages, expenses (including reasonable attorneys' fees) and liabilities incurred or paid by any of the Owner Indemnified Parties in connection with the investigation, defense, prosecution, settlement or appeal of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and to which any of the Owner Indemnified Parties was or is a party or is threatened to be made a party by reason of or arising out of, and solely to the extent the same arises out of, the negligence or willful misconduct of CITY or any of its officers, employees, agents or contractors solely in connection with this Agreement. Section VIII. Entiretv of Aareement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire Agreement between the parties as to the matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by written agreement duly executed by both parties hereto or their authorized representatives. Section IX. Termination of Prior Aareement. Upon the Effective Date the Prior Agreement shall terminate and be of no further force and effect, and OWNER and CITY shall be relieved from all obligations thereunder accruing after the Effective Date. This shall not release either party from an obligation under the Prior Agreement for any claim or damage which occurred prior to the Effective Date. Section X Headinas. Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section XI Riahts of Others. Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. Section XII. Waiver. There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be 6 construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. Section XIII. Invaliditv of Provisions, Severabilitv. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Section XIV. Notice. Notices to CITY provided for herein shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to City Manager at 19200 West County Club Drive, Aventura, Florida 33180, and notice to OWNER, if sent by Federal Express or certified mail, return receipt requested, postage prepaid addressed to OWNER at 19501 Biscayne Blvd., Suite 400, Aventura, Florida 33180 or such other respective address as the parties may designate to each other in writing from time to time. Section XV. Force Maieure. Neither party hereto shall be liable for its failure to carry out its obligations under this Agreement during any period when such party is rendered unable, in whole or in part, by force majeure to carry out such obligations, but the obligations of the party relying on such force majeure ("Relying Party") shall be suspended only during the continuance of any inability so caused and for no longer than the period of said unexpected or uncontrollable event, and such cause, so far as possible, shall be remedied with all reasonable dispatch. It is further agreed that the obligations of the party not relying on such force majeure ("Nonrelying Party") shall also be suspended during the period of time in which the Relying Party is unable to carry out its obligations under the terms of this Agreement pursuant to such force majeure. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of force majeure shall be conditioned upon such party giving the other party, written notice of its assertion that a force majeure delay has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non- performance as caused by force majeure unless the failure to give timely notice causes material prejudice to the other party. It is further agreed and stipulated that each party hereto shall make its best efforts to carry out its obligations under this Agreement during any period when such party is rendered unable, in whole or in part, by force majeure to carry out such obligations. [REMAINDER OF PAGE LEFT INTENT/ONALL Y BLANK] 7 This Agreement is entered into on the date written above. Attest: Teresa M. 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N '; III ~ i CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Brenda Kelley, C r velopment Dire~ TO: City Commission FROM: DATE: January 29,2002 SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for three adjacent parcels on NE 188 Street totaling 2.85 acres from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District. (03-REZ-01) February 5, 2002 Local Planning Agency Agenda Item -=i..Jl February 5, 2002 City Commission Meeting Agenda Item --1tl. March 5, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that .the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for three adjacent parcels on NE 188 Street totaling 2.85 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 three adjacent parcels on NE 188 Street totaling 2.85 acres 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 City of Aventura LOCATION OF PROPERTY See Exhibit "A" for location map and Exhibit #2 for aerial photo SIZE OF PROPERTIES Approximately 2.85 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 developm~nt 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 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 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: District Properties to the South: 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 Business and Office Industrial and Office TC2, Town Center Marine District RMF3, Multi-Family Medium Density Residential RMF3, Multi-Family Medium Density Residential 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. 3 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 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). 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 s'ites available in other areas currently zoned for such use. There are sites available in other areas currently rezoned and proposed to be rezoned for the RMF3B uses. 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. 4 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 Size Increase In Population Overall Density Factor Increase in Population 3016 NE 188 St 0.645 ac 10 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 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 E1em. 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 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. Istaff reportslO3-REZ-01 rezoning NE 188 SI SCD3 6 6 N NE 190TH ST -~1--) ------- NE,86Tff5''f LJl l--l \ -T lE4851l+S .-- \ r I ,-J ~ t 3205 · t. .166TH01 ~- '" ;; ~ /---- /'/ ..-r-~ EXHIBIT "A" . . " ~2 cu " ...~ . pi- ~ /....... , ", c:; ___ :...-":l:f~ ~_ ~ . t Q) ~~:.:H' , ~M1o.c' .~. - ~'.- ~" ..O:tS ......';;~ At.... I. . !i.-......".:.~...;~:Ol' 1 ....p.<l, .., ...N\ j.';f'~;'!-J .:l. .,i ~:~:#4 ~. ~ r~,.,.., . _ ~, I~,.. l~;~.""'ii:2.:'la..,.-.I\... _.). "',,,t:~-:.r, L(;E~~~NNS "i~ t .~;, lr; .~ v~ _,-.,..._~~ .'.,__ ~7$, l.~. , ~ " ~,...., . . , 1', . ~, , ...." 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 THREE (3) PARCELS LOCATED AT 3016, 3030, AND 3205 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 three parcels on NE 188 Street totaling 2.85 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 three parcels of land 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) 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. 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 Ordinance No. 2002- Page 3 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 5th day of February, 2002. Ordinance No. 2002- Page 4 PASSED AND ADOPTED on second reading this 5th day of March, 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 February, 2002. CITY CLERK ~ 6 N NE 190TH Sf _~_ji\ I I r~ ~ -l \ //' ~/~ '. EXHIBIT "A" CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission DATE: January 23,2002 FROM: BY: SUBJECT: Clean-up amendments to the City's Land Development Regulations. (01-LDR-02) February 5, 2002 Local Planning Agency Agenda Item 4 B February 5, 2002 City Commission Meeting Agenda Item 7"B. March 5, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the clean-up amendments to the City's Land Development Regulations. THE REQUEST City staff is requesting miscellaneous clean-up amendments to the City's Land Development Regulations. ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required. The proposed amendments improve the administration or execution of the development process in that it clarifies language and definitions. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are 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 amendments are consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendments further the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that it clarifies language and definitions. Description/Background of Proposed Amendments1: 1. Sec. 31-21. Definitions. (see Exhibit #1) Retail shall mean establishments engaged in selling goods or merchandise directly to the ultimate consumer for personal or household consumption and rendering services incidental to the sale of such goods. Estaelishments primarily eRgageEl in previdin€l servicos as opfJosed te preeucts te individuals shall alse eo GonsiEleree a retail use. The proposed amendments are required to provide clarification of definitions within the City's Land Development Regulations. 2. Sec. 31-171(b)... (see Exhibit #2) (12) Non-residential: Large Shopping Centers and/or Mixed-Use Developments. a. Shopping centers over 40,000 square feet... b. Shopping centers andlor Mixed-Use Developments may apply for approval of shared parking. The petition for shared parking shall include an independent parking study in a form acceptable to the City, which includes but is not limited to, information indicating that the shopping 1 Underlined provisions constitute proposed additions to existing text; stFiskOR tRFIlU(lR provisions indicate proposed deletions from existing text. 2 center and/or Mixed-Use Developments uses are such that a sufficient disparity in peak demand for parking spaces exists to support the concept of shared parking. At the discretion of the Community Development Director, shopping centers andlor Mixed-Use Developments utilizing shared parking may be required to enter into a covenant or other site plan restriction restricting the size, mix or location of uses within the shopping center and/or Mixed- Use Development. The proposed amendment is required to provide parking regulations for mixed-use development, whereby application may be made for shared parking approval. This section presently applies only to shopping centers however, one of the benefits of mixed-use development is to promote the flexibility of live, work and play environments to decrease the need for the motor vehicle and to provide parking conveniences and flexibility at different hours of the day. 3. Sec. 31-191(g)... (see Exhibit #3) (10) Parkina Structure Wall SiQns. Approval necessary: Citv Manaaer Tvpe: Reverse or channel letter sian onlv. Number (maximum): One per entrance and exit drive Location: Sian to be located immediatelv above or adiacent to entrance or exit drive. Sian area (maximum): Where the face of the structure elevation is setback from the riaht-of-wav less than 100': eiaht square feet Where the face of the structure elevation is setback from the riaht-of-wav more than 100': twelve square feet 3 Illumination: Reverse or channel letters or external illumination. provided external illumination does not cast a alare on an adiacent residentiallv zoned propertv. Directional siqns without advertisina throuahout the parkina structure are exempt from this limitation. The proposed amendments are required to provide for wall signage regulations for parking structures located in nonresidential districts. 4. Sec. 31-233(c)(1)... (see Exhibit #4) h. The desiqn dimensions. materials. auantitv and location of all outdoor accessorv features. includina but not limited to securitv bollards. trash cans. liqht poles. street furniture and newspaper racks must be submitted to and approved bv the Communitv Development Director. i. No outside displav or sale of anv merchandise shall be permitted. includina but not limited to vendina machines and public telephones unless approved bv the Communitv Development Director or pursuant to other reauirements in the Citv code. The proposed amendments will require City approvals for outdoor accessory items on non-residential development. 5. Sec. 31-239(5) Stormwater management (drainage)... (see Exhibit #5) a. Flood protection. The minimum acceptable flood protection level of service standard shall be protection from the degree of flooding that would result for a duration of one day from a ten-year storm, with the exceptions in previously developed canal basins as provided below, where additional development to this base standard would pose a risk to existing development. All structures shall be construsted at, or above, tho minimum floor elevation sl'lecifiod in tho Feeleral Floeelln6uranse Rate Mal'l6 for .'\'.'entur-a, or as 61'lesifieel in the Miami Daele COblnty Cedo, whichever is higher elevated no lower than one foot above base flood elevation or 18 inches above the hiahest point of the adiacent road crown elevation. whichever is hiaher. The proposed amendment is required to provide clarification of the storm water management requirements. Section 31-232(7)(b) of the City's Land Development Regulations may be construed to apply only to new subdivision development and the present Section 31-239(5)(a) cited above provides conflicting requirements. 4 6. Sec. 31-272. Expansion of nonconforming use or structure. (see Exhibit #6) A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31- 3(b)(2). The proposed amendment is required to provide clarification of use or structure. This section can presently be interpreted to include structures because of the section's reference to 'use regulations", however by adding the word 'structure" clarifies the meaning and interpretation of this section. 7. Sec. 31-273. Discontinuation or abandonment of a nonconforming use or structure. (see Exhibit #7) If a nonconforming use or structure is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any period of discontinuation or abandonment before the effective date of these LDRs, then that use or structure shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located. The proposed amendment is required to provide clarification of use or structure. This section can presently be interpreted to include structures because of the section's reference to "use regulations", however by adding the word "structure" clarifies the meaning and interpretation of this section. Istaff reportsl01-LOR-02 amend LOR mise 5 ~ 31-21 AVENTURA CODE Plot. See Lot. Principal building shall mean a building which is occupied by, and devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel. Pub. See Restaurant. Public buildings and uses shall mean office and service buildings, uses, or facilities owned or operated by a governmental agency. Public utility shall mean any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public. Recreational uehicle shall mean a vehicle or portable structure built on a chassis, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for travel, recreation, or vacation use, including but not limited to, travel trailers, truck campers, camping trailers, and motor homes. Rehabilitation centers shall mean any facility for the treatment and rehabilitation of drug dependents as defined in F.S. ch. 397. Religious facility shall mean any church, synagogue, denominational or ecclesiastical organization having an established place for worship in the City at which nonprofit religious services and activities are regularly conducted. Residence or residential use shall mean used or intended for use exclusively for dwelling purposes, including apartment hotels, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. Restaurant shall mean a commercial establishment where food and beverages are primarily ordered from individual menus, served at tables, and consumed on premises. ~ Retail shall mean establishments engaged in selling goods or merchandise directly to the ultimate consumer for personal or household consumption and rendering services incidental to the sale of such goods. Establishments primarily engaged in providing services as opposed to products to individuals shall also be considered a retail use. Right-ot-way shall mean all land dedicated for public transportation, whether public or private. Road capacity shall mean the maximum number of vehicles which can pass over a given section of a roadway, during a given time period under prevailing traffic conditions as defined in the current version of the Highway Capacity Manual. Sale shall mean the exchange of a good, service, product or other item for consideration, regardless of the form that consideration takes. Satellite dish. See Antenna dish. Supp. No.4 CD31:20 EXHIBIT #1 LAND DEVELOPMENT REGULATIONS ~ 31-171 Funeral homes, m Grocery stores er 200 square feet gross floor Hardware stores e space per 300 square feet gross floor Laundry, self service 0.75 spaces per each wash machine and c thes dryer. Liquor store, package stores ce per 150 square feet gross floor Marine supplies 00 square feet gross floor area. One space per 250 square feet gro area. (12) Non-residential: Large Slwpp;ng Centers. a. Shopping centers over 40,000 square feet in gross floor area may use the following generalized parking values: 1. One parking space for each 225 square feet of gross floor area in shopping centers with less than 200,000 square feet of gross leasable area. 2. One parking space for each 200 square feet of gross floor area in shopping centers with 200,000 square feet or more of gross leasable area. Shopping centers which have gross floor areas under 200,000 square feet may use the generalized parking values only if no more than ten percent of gross leasable area occupied by anyone or any combination of the following uses: 1. Bars. 2. Beer gardens. 3. Cafes. 4. Cafeterias. Supp. No.4 CD31:1l7 EXHIBIT #2 ~ 31-171 AVENTURA CODE 5. Cocktail lounges . 6. Convenience stores. 7. Night clubs. 8. Restaurants. 9. Taverns. 10. Theaters. At the discretion of the Community Development Director, shopping centers utilizing the generalized parking values may be required to enter into a covenant or other site plan restriction mandating adherence to this requirement. b. Shopping centers may apply for approval of shared parking. The petition for shared parking shall include an independent parking study in a form acceptable to the City, which includes but is not limited to, information indicating that the shopping center uses are such that a sufficient disparity in peak demand for parking spaces exists to support the concept of shared parking. At the discretion of the Community Development Director, shopping centers utilizing shared parking may be required to enter into a covenant or other site plan restriction restricting the size, mix or location of uses within the shopping center. c. Parking requirements for shopping centers not meeting these criteria shall be calculated on a use by use basis. Non-residential: Miscellaneous uses. PI~es of worship: One parking space per four seats in the largest asse b. king for passengers of cruise boats, charter boats, water tax' or ferries: One per s t capacity of boats served. (14) a. mentioned: The requir ents for off-street parking for any ed in this sec' shall be the same as provided in this the one sought, as determined by the b. Fr~tional spaces: Wh units or mea ements determining number of required off-street parkin paces result in req' ent of fractional space, any such or greater than one-half sh quire a full off-street parking . c. Mi uses: In the case of mixed uses, the total requir ents for off-street arking shall be the sum of the requirements of the various es computed separately, and off-street parking space for one use shall not be co providing the required off-street parking for any other use. Supp. No.4 CD31: 118 LAND DEVELOPMENT REGULATIONS ~ 31-191 f. Directional signs. Approvals necessary: City Manager. Number: Approval as part of a site plan; if not approved as part of a site plan, permit required. Such signs may be located as part of the internal road system as needed to insure traffic flow and circu- lation. Sign area: 75 square feet. Height: Nine feet. Other restrictions: Only 100,OOO-square feet tenant iden- tification, name and/or logos allowed. Logos may cover no more than 25 per- cent of the sign area. Since mall areas are by nature public access areas, necessary precautions must be taken for the public safety, and permits will be required and processed in the usual fashion for any sign installation in the mall area; the processing shall include usual requirements for plans showing construction, method of installation, location, size and height above the pedestrian pathway. Interior wall, window, awning, canopy signs and interior mall directory signs will be permitted and shall not be calculated as one of the signs permitted under the sign section. Any non-conforming, legally permitted signs that existed at the time this section became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto except for change of copy. The courtyard area may have entry signs and logos to identify the courtyard area but shall not specify tenants. Such signs may be mounted on a wall, entry structure or other decorative feature. Such entry signage (lettering) shall be limited to 75 square feet. Signage internal to the enclosed structure or courtyard of a regional mall shall not be required to conform to these regulations. However, a building permit shall be required for installation of all such signs. Directional signs without advertising throughout the parking garage are exempt from this limitation. (9) Hospital. a. Detached, free-standing or monument signs. Approval necessary: City Manager. Supp. No.4 CD31:139 EXHIBIT #3 ~ 31-191 AVENTURA CODE Number (maximum): By approval. Sign area (maximum): Area shall not exceed 65 square feet. Sign height (maximum): Primary sign: Secondary sign: Setback (minimum): 15 feet. 13 feet. Right-of-way: Side property line: Six feet. 20 feet. Shall not be closer than 50 feet to another detached, monument sign. Illumination: External, or internal illumination of letters and logos only. b. Wall signs. Approval necessary: City Manager. Number (maximum): One per elevation. Sign area (maximum): One square feet for each one lineal feet of elevation frontage. IIJ SH I \'\ ~l'-E "> Illumination: Reverse or channel letters or external illumination. (h) Temporary signs. The. following temporary signs are authorized in the City: (1) Grand opening banner: Residential District Nonresidential District Approvals necessary: City Manager. City Manager. One per establishment per calendar year in a multi- tenant center. Number (maximum): One per project. Sign area (maximum): Sign height (maximum): Length of display: 30 square feet. Four feet. 30 square feet. Four feet. 14 consecutive days after issuance of initial occupa- tionallicense. 14 consecutive days after issuance of initial occupa- tionallicense. Supp. No.4 CD31:140 ~ 31-233 AVENTURA CODE estrian orientation. All non-residential and multifamily developmen ute to the crea . f a pedestrian oriented community by providing t (1) (2) Street level architectural treatme ing colonnades, arcades, awnings, and other shade producing elements iild be provide all pedestrian-oriented frontages; and integrated (3) Pedes oriented frontages shall be adjacent to building entrance adjacent properties. (c) MiniTTtum design standards. (1) Non-residential development. All non-residential development shall be consistent with the traditional architecture and design themes of South Florida including the following: a. New buildings shall be designed in a manner that is compatible with the adjacent building form in height and scale. b. Recognition of the scale and character of adjacent structures or developments, including continuation of existing facade treatment or expression lines, and the use of similar finish materials. c. Roof materials shall consist of metal (flat or standing seam); flat tile; barrel tile or masonry materials. This requirement spall not apply to flat roofs with a parapet wall. d. All mechanical equipment (including roof-mounted equipment) shall be screened with materials consistent with those used in the construction ofthe building. The screening material and structure shall be architecturally compatible with the building. The screening shall be high enough so that the equipment is not visible from any adjacent public right-of-way and designed so that the equipment is well concealed from adjacent properties. e. Pedestrian circulation systems shall be barrier-free and provide altemative ramps in addition to steps consistent with American Disabilities Act (ADA) requirements. f. All sides of any non-residential structure shall have compatible facade and roof treatments. It-! <;~il\ H O-e- g. All dumpsters and trash handling areas shall have a concrete slab, and finished concrete block or masonry wall, as provided for in these regulations, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize truck maneuvers. Enclosures shall be finished with similar materials and colors as the principal structure. ':,- Supp. No.4 CD31:172 EXHIBIT #4 LAND DEVELOPMENT REGULATIONS ~ 31-234 (2) Residential development. All residential development shall adhere to the following standards: a. Minimum roof standards. Pitched roofs shall have a minimum pitch of 4:12. Deviation from the minimum may be approved for gambrel and similar type roofs. Pitched roofs shall be constructed of flat, or barrel cement or clay tile, split cedar shakes or slate, all as defined by common usage in Miami-Dade County, Florida. Cedar shingle and asphalt shingle roofs are not permitted on any principal residential structure permitted after the effective date of this chapter. Flat roofs may be permitted if the flat roof area does not comprise over 25 percent of the total roof area. Such flat roofs are only permitted over porches, Florida rooms, and utility rooms located to the rear of the dwelling unit. b. Driveways within all RS Zoning Districts shall be constructed of portland concrete at a minimum. Asphalt is not permitted. c. Architecture and site development should incorporate consideration of the subtropical characteristics of the area. The provision of sun-control devices, shaded areas, vegetation, roof terraces, and similar features characteristic of subtropical design is encouraged. d. Open space for mUlti-family dwelling units should be located and designed to maximize its utility to the dwelling units. e. All dumpsters and trash handling areas in development within RMF Zoning Districts shall have a concrete slab, be enclosed by a finished concrete block or masonry wall similar in color and detail to the principal structures as provided in this Code, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize truck maneuvers. (3) Pedestrian I bicycle paths. PedestrianJbicYcle paths incorporated into a plan shall have six feet of pavement width or as approved by the Community Services Director. The path shall be a minimum of ten feet from a right-of-way, except where it transitions and crosses an intersecting street. The path shall not be incorporated into a residential lot. (4) View corridors. All developments in the RMF3, RMF3A, RMF4, and all non-residential developments, on waterfront sites shall preserve a visual corridor to the water unencumbered with any structure, roadway or off street parking. The view corridor shall extend the full length of the site from the waterfront to the public right-of-way most nearly opposite the waterfront. The width of the corridor shall be no less than ten percent of the waterfront, but a maximum of 100 feet. (Ord. No. 99-09, ~ HExh. A, ~ 1103),7-13-99) 4. Outdoor lighting standards. (a) General. No structure 0 II be de , used or occupied unless all outdoor lighting conforms to the re uir is sec 1 ms used in this section shall have the definiti e Illuminating Engineers Society. Lighting shal e lac d Supp. No.4 CD31:173 ~ 31-239 AVENTURA CODE 4. The expansion of transit service into new areas is not provided at a detriment to existing or planned services in higher density areas with greater need. (5) Storm water management (drainage). The drainage level of service standard is com- prised of a flood protection standard component and a water quality component. a. Flood protection. The minimum acceptable flood protection level of service standard shall be protection from the degree of flooding that would result for a duration of one day from a ten-year storm, with exceptions in previously developed canal basins as provided below, where additional development to this base standard would pose a risk to existing development. All structures shall be constructed at, or above, the minimum floor elevation specified in the Federal Flood Insurance Rate Maps for Aventura, or as specified in the Miami-Dade County Code, whichever is higher. b. Water quality. The water quality level of service component of the standard shall be met when the annual average for each of the following 12 priority NPDES pollutants does not exceed the following target criteria for each of those pollutants within a canal basin, or sub-basin, as determined in accordance with procedures established by Miami-Dade County DERM: Pollutant: Biological oxygen demand (BOD) Chemical oxygen demand (COD) 'Ibtal suspended solids (TSS) 'Ibtal dissolved solids (TDS) 'Ibtal ammonia-nitrogen and organic ammonia 'Ibtal nitrate (Nox-N) 'Ibtal phosphate (TP04) Dissolved phosphate <DP04) Cadmium (Cd) Copper (Cu) Lead (Pb) Zinc (Zn) 9 mgll 65 mgll 40 mgll 1,000 mgll 1.5 mg!! 0.68 mgll 0.33 mgll Not available 0.0023 mgll 0.0258 mgll 0.0102 mgll 0231 mgll Applicants seeking development orders in canal basins, or sub-basins, that do not meet either the FPLOS or the WQLOS shall be required to conform to Best Management Practices (BMPs) as provided by Miami-Dade County Code. Owners of commercial or industrial properties where BMPs are required, shall, at a minimum, demonstrate that their on-site stormwater system is inspected two . times per year and maintained and cleaned as required. Private residential developments in areas where BMPs are required shall demonstrate that their on-site stormwater systems are inspected two times per year and maintained and cleaned as required. Supp. No.4 CD31:184 EXHIBIT #5 ~ 31-241 AVENTURA CODE mpliance with subsection (i). The amount to be provided for each telecommunicatio wer sh e $25,000.00; the amount for each antenna array shall be $5,000.00. In th ternative, at the s discretion, an operator may, in lieu of a cash security fund or er of credit, file and maint' 'th the City a bond with an acceptable surety in the nt of$25,000.00. The operator and the ety shall be jointly and severally liable under e terms of the bond. In the alternative, at the Ci in lieu of the cash (m) Penalties. Any person, or corporation wh owingly breaches any provision ofthis article shall upon receipt of written tice fro e City be given a time schedule to cure the violation. Failure to commence to cure . in 30 days and to complete cure, to the City's satisfaction, within 60 days, or suc onger' e as the City may specify, shall result in revocation of any permit or licen and the City sli seek any remedy or damages to the full extent of the law. This sh?ot preclude other penaltI allowed by law. (n) Provisions of thil~ article to control. Notwithstanding contrary provisions of the City's Code of Orwhances, including the City's LDRs, the provisi of this section shall /' control. (Ord. No 9-09, ~ HExh. A, ~ 1111),7-13-99) cs. 31-242-31-270. Reserved. ARTICLE XII. NONCONFORMING USES AND STRUCTURES Sec. 31-271. Purpose and scope. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Many non-conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter. (Ord. No. 99-09, ~ HExh. A, ~ 1201), 7-13-99) Sec. 31-272. Expansion of nonconforming use. A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment .to these LDRs rendering such use nonconforming, except as provided for development deter- mined to have vested rights pursuant to subsection 31-3(b)(2). (Ord. No. 99-09, ~ 1(Exh. A, ~ 1202), 7-13-99) Supp. No.4 CD31:210 EXHIBIT #6 LAND DEVELOPMENT REGULATIONS ~ 31-275 Sec. 31-273. Discontinuation or abandonment of a nonconforming use. If a nonconforming use is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any period of discontinuation or abandonment before the effective date of these LDRs, then that use shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located. (Ord. No. 99-09, ~ I(Em. A, ~ 1203), 7-13-99) Sec. 31.274. Change of use. A nonconforming use may be changed to a pennitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appropriate zoning district and Conditional Uses Regulations contained in these LDRs. (Ord. No. 99-09, ~ I(Em. A, ~ 1204), 7-13-99) Sec. 31-275. Repair or reconstruction of nonconforming structure. (a) Ordinary repairs and maintenance may be made to a nonconforming structure. The Community Development Department shall determine what constitutes "ordinary repairs and maintenance", in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in a change of occupancy of the structure or contravene or circumvent other provisions hereof. (b) If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition which existed immediately prior to the event does not exceed 50 percent of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building pennit is secured and reconstruction is started within 365 days from the date of the .damage, and such reconstruction is diligently pursued to completion prior to the expiration of building pennits. (c) If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition existing immediately prior to the event exceeds 50 percent of the cost of replacing the entire structure, then the structure shall not be restored unless the structure as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located. Notwithstanding the above, structures may be restored when all of the criteria listed below are met. (1) Provides no greater height, provides no greater number of dwelling units (as to residential structures) and no greater quantity of square feet of gross floor area (as.to commercial structures) than that which lawfully existed immediately prior to the event of destruction; and (2) Requires a variance, if any, only from setbacks, lot coverage, height, floor area ratio, motor vehicle parking area, landscaping, open-space or similar criteria, if the grant of Supp. No.4 CD31:211 EXHIBIT #7 i ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND DEFINITIONS; AMENDING SECTION 31-171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND PARKING REGULATIONS FOR MIXED-USE DEVELOPMENT; AMENDING SECTION 31-191 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR SIGNAGE REGULATIONS FOR PARKING STRUCTURES; AMENDING SECTION 31-233 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR REGULATION OF OUTDOOR ACCESSORY FURNITURE; AMENDING SECTION 31-239 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR CLARIFICATION OF STORMWATER DRAINAGE REQUIREMENTS; AMENDING SECTION 31- 272 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING USES AND STRUCTURES; AMENDING SECTION 31-273 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING USES AND STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide additional language and/or to clarify certain sections of the Code; 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 the required public hearing and has recommended approval to the City Commission; . Ordinance No. 2002 - Page 2 and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That Section 31-21 of the City's Land Development Regulations are hereby amended so as to provide for clarification of definitions, as follows 1: Sec. 31-21. Definitions. Retail shall mean establishments engaged in selling goods or merchandise directly to the ultimate consumer for personal or household consumption and rendering services incidental to the sale of such goods. EstablisRFROnts primarily on€lagod in providing sorvicos as opposes to I3roducts to iAdividuals shall also bo consisered a retailllso. Section 2. That Section 31-171 of the City's Land Development Regulations are hereby amended so as to provide for regulations for shared parking for mixed-use developments, as follows: Sec. 31-171(b)... (12) Non-residential: Large Shopping Centers and/or Mixed-Use Developments. 1 Underlined provisions constitute proposed additions to existing text; 6lrisl~8A tAra~flR provisions indicate proposed deletions from existing text. Ordinance No. 2002 - Page 3 a. Shopping centers over 40,000 square feet... b. Shopping centers and/or Mixed-Use Developments may apply for approval of shared parking. The petition for shared parking shall include an independent parking study in a form acceptable to the City, which includes but is not limited to, information indicating that the shopping center and/or Mixed-Use Developments uses are such that a sufficient disparity in peak demand for parking spaces exists to support the concept of shared parking. At the discretion of the Community Development Director, shopping centers andlor Mixed-Use Developments utilizing shared parking may be required to enter into a covenant or other site plan restriction restricting the size, mix or location of uses within the shopping center and/or Mixed-Use Development. Section 3. That Section 31-191 of the City's Land Development Regulations are hereby amended to add paragraph (g)(10) so as to provide for signage regulations for parking structures, as follows: Sec. 31-191. Sign regulations generally. (g) Nonresidential district signs... (10) Parkina Structure Wall Sians. Approval necessary: Citv Manaaer Tvpe: Reverse or channel letter sian onlv. Number (maximum): One per entrance and exit drive Location: Sian to be located immediatelv above or adiacent to entrance or exit drive. Ordinance No. 2002 - Page 4 Sian area (maximum): Where the face of the structure elevation is setback from the riaht-of-wav less than 100': eiaht sauare feet Where the face of the structure elevation is setback from the riaht-of-wav more than 100': twelve sauare feet Illumination: Reverse or channel letters or external illumination. provided external illumination does not cast a alare on an adiacent residentiallv zoned propertv. Directional sians without advertisina throuahout the parkina structure are exempt from this limitation. Section 4. That Section 31-233 of the City's Land Development Regulations are hereby amended so as to provide for regulation of outdoor accessory features, as follows: Sec. 31-233. Architectural design standards. (c) Minimum design standards. (1) Non-residential development... h. The desian dimensions. materials. auantitv and location of all outdoor accessory features, includina but not limited to securitv bollards. trash cans, liaht poles. street furniture and newspaper racks must be submitted to and approved bv the Communitv Development Director. i. No outside displav or sale of anv merchandise shall be permitted. includina but not limited to vendina machines and public telephones unless approved bv the Communitv Development Director or pursuant to other reauirements in the Citv code. Ordinance No. 2002 - Page 5 Section 5. That Section 31-239 of the City's Land Development Regulations are hereby amended so as to provide for clarification of stormwater drainage regulations, as follows: Sec. 31-239. Compliance with Comprehensive Plan. (5) Stormwater management (drainage)... a. Flood protection. The minimum acceptable flood protection level of service standard shall be protection from the degree of flooding that would result for a duration of one day from a ten-year storm, with the exceptions in previously developed canal basins as provided below, where additional development to this base standard would pose a risk to existing development. All structures shall be constr\,lsted at, or al3evo, the minimum fleer elevatien specified in the Fedoral flooEl Insurance Rate Maps for :'-ventura, or as spocified in the Miami Dade County Code, whicRever is higher elevated no lower than one foot above base flood elevation or 18 inches above the hiahest point of the adiacent road crown elevation, whichever is hiaher. Section 6. That Section 31-272 of the City's Land Development Regulations are hereby amended so as to provide for clarification of nonconforming uses and structures regulations, as follows: Sec. 31-272. Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31- 3(b)(2). Ordinance No. 2002 - Page 6 Section 7. That Section 31-273 of the City's Land Development Regulations are hereby amended so as to provide for clarification of nonconforming uses and structures regulations, as follows: Sec. 31-273. Discontinuation or abandonment of a nonconforming use or structure. If a nonconforming use or structure is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any period of discontinuation or abandonment before the effective date of these LDRs, then that use or structure shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located. Section 8. 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 9. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 2002 - Page 7 Section 10. 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 5th day of February, 2002. Ordinance No. 2002 - Page 8 PASSED AND ADOPTED on second reading this 5th day of March, 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 February, 2002. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Brenda Kelley, C TO: City Commission FROM: DATE: January 23,2002 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 3333 NE 188 Street from OP, Office Park District to CF, Community Facilities District. (01-REZ-02) February 5, 2002 Local Planning Agency Agenda Item 4 c- February 5, 2002 City Commission Meeting Agenda Item 1 C. March 5, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 3333 NE 188 Street from OP, Office Park District to CF, Community Facilities District. THE REQUEST The City Manager is requesting 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 3333 NE 188 Street from OP, Office Park District to CF, Community Facilities District. BACKGROUND OWNER OF PROPERTY: 3333 Aventura Realty Corp. NAME OF APPLICANT LOCATION OF PROPERTY SIZE OF PROPERTY DESCRIPTION /BACKGROUND City of Aventura See Exhibit "A" for location map and Exhibit #2 for aerial photo Approximately 3.2 acres The City is proceeding with construction and management of a charter elementary school on the north side of NE 188 Street. The parcel subject of this report is the proposed site of this charter elementary school, which was chosen due to its proximity to the Community Recreation Facility under construction on the Huber site immediately adjacent to the east. The siting of these two facilities on adjacent parcels will enable joint use of recreational facilities and community activity and meeting rooms. Much progress has been made by the City Commission in establiShing the first public elementary school within the City's boundaries. The firm of Charter Schools USA has been selected to design, build and operate a 600-student elementary school that will serve City residents from kindergarten through fifth grade. The Aventura Charter Elementary School (ACES), a $5.5 million dollar state-of-the-art school, is scheduled to open in the fall of 2003. Charter schools are fully recognized as public schools and are funded from the same County and State funds as Miami-Dade County public schools. However, the school will be operated by a private firm (Charter Schools USA) and overseen by the City with the input from a Charter School Advisory Board. The school will emphasize low student-to-teacher classroom ratios based on high standards with a solid academic foundation for students. Importantly, parents will be required to participate in school activities and the students' learning experience. The addition of the Charter Elementary School showcases the City's changing demographics, from a predominantly retiree community to one including a growing number of younger families. The opening of the school in the City will also address the problem of school overcrowding and provide a first-class school for the City's children. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Town Center and Medium-High Density Residential Business and Office Business and Office presently Industrial and Office with in-progress amendment to Medium-High Density Residential 2 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: OP, Office Park District RMF3, Multi-Family Medium Density Residential District RMF4, Multi-Family High Density Residential District and ROS, Recreation Open Space OP, Office Park District CF, Community Facilities District presently TC2, Town Center Marine District with in- progress amendment to RMF3B, Multi-Family Medium Density Residential District marine industry public park vacant Community Recreation Facility marine industry, boat storage Access _ Access to the parcel is from NE 188 Street, a public right-of-way. Conformity to City Comprehensive Plan - The proposed amendment is not inconsistent with the Comprehensive Plan. Standards for reviewing proposed amendments to the Official Zoning Map: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan. 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. 3 4. There are sites available in other areas currently zoned for such use. There are limited sites available in other areas currently zoned for the CF, Community Facility uses. 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 projected vehicle trips per day have been calculated with the proposed school use on this site. 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. The proposed change has no affect on population density and may decrease the demand for water, sewers, streets, and other public facilities and services compared to the presently permitted uses. The development of the proposed school on this site decreases the demand for the need for an elementary school in the City. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. 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 uses on the street. 4 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 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 zonina 3,848 584 485 Part of the Larger Plan - 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 this application's school site, and all surrounding properties. The City Commission has determined that the proposed school will be required to accommodate existing demand and increased demand from the residential uses approved on this street. The school will be an integral part in providing support and vitality to the proposed redevelopment of the street and the mixed-use, town center development to the west of NE 188 Street. flllaff reportsfOl-REZ-02 rezoning NE 188 Sl Charter School 5 {). N EXHIBIT "A" ,..,...= . . - . - . ~ !" ~. ' ...",' .~ II 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 3333 NE 188 STREET FROM OP, OFFICE PARK DISTRICT TO CF, COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura recognizes the City's growing number of younger families and a problem of school overcrowding; 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 3333 NE 188 Street from OP, Office Park District to CF, Community Facilities District to allow for the siting of a charter elementary school; 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 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 one (1) parcel of land located at 3333 NE 188 Street (Folio Number 28-2203-000-0290) from OP, Office Park District to CF, Community Facilities District (see Exhibit "A" for property location). Ordinance No. 2002- Page 2 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. 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 Commission!3r 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 Ordinance No. 2002- Page 3 PASSED on first reading this 5th day of February, 2002. PASSED AND ADOPTED on second reading this 5th day of March, 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 February, 2002. CITY CLERK Ii N EXHIBIT "A" CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: TO: BY: DATE: 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 -1il:.- February 5, 2002 City Commission Meeting Agenda Item <g Pc RECOMMENDATION It is recommended that the City Commission: 1) approve the small scale Comprehensive Plan amendment to change the land use designation of three adjacentparcels 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 City of Aventura LOCATION OF PROPERTY See Exhibit "A" for location map and Exhibit #2 for aerial photo SIZE OF PROPERTIES Approximately 2.85 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 indude 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 Policy 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 vehide 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 Y, 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 10 dulac 1.64 11 3030 NE 188 St 0.645 ac 10 dulac 1.64 11 3205 NE 188 St 1.56 ac 10 dulac 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 seNice shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit seNice 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. Policy 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. Policy 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 and/or waterfront promenades. Conservation and Coastal Management Element Policy 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. Policy 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 space/passive 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 industry/marinas 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 and/or 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. Policy 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 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 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 12.6 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 walkways/promenades 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 Day NE 188 Street Generation 1,101 130 142 Existina Trips 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 E1em. 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 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 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 reportslO3-CPA-01 comp plan SCD3 10 {). N EXHIBIT "A" EXHIBIT #2 ~ li~ ~. 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 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 Vice Mayor Rogers-Libert 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 absent from the room 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: 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 t::. N ~ 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 District to 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 8,g RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for four 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 LOCATION OF PROPERTY See Exhibit "A" for location map and Exhibit #2 for aerial photo SIZE OF PROPERTIES Approximately 7.19 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 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. 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 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: 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 du/ac 1.64 18 3020 NE 188 St 2.63 ac 10 du/ac 1.64 43 3131 NE 188 St 2.18 ac 10 dulac 1.64 36 3161 NE 188 St 1.25 ac 10 du/ac 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. 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 Elementarv School IU-2 (MDC industrial zonina) 3,667 484 516 OP and CF existing 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 Sl SCD1 6 f1 N /J.T.S. v 3161 3131 .T 188n-lST 3020 3000 /' EXHIBIT" A" ..,; !. I~.... ..$ f.<=.'" ~r >l'" ','1- J' : ~.. tl . ;~',' ~~"--,,;~- ~T~ ;'l~' ~~,,~...- J~. '! 0..;'" .:~ L. . .' ,.... \ :t ,.",. ""'1' . .. . __ ~ <'1 >J ..... '0.. , --' 1",1 ~'--:~~~lr:"'~\';i;-o' : -, ~ \~ ~l'~~~ -,~:~-- \~~u .....' ("~'."~ r Ii" r'-l: - l -~ ~ '\ At ~ j f t c t. .,;1 - . ,..' ) ~ ~ ~ti- ,~l':lt. . ~ . . ..( " . r C::......doot~ _ .C1! .. . ..._ .. )~.c. "" t Q) ;:-;::-::-,',. -~- ~......,..,t_. ..r...- .-...,....~.~'Ja >r" :ic::':"-"- "~..r'." i,""~.,;i.'- '''-. . '<' " - ~-U' ~j'. ~ -. ... '- ~;~fiii'&iJwJ~I. :<:.-'i::_..,A}- ~~: UJ, . ,,-\,,'J;.J '.Z ~:>;.',t ' '~,.: ( ~- . ~~, k lJ.'l1"-;,~-. '...I"""~'i.l' -'O:-6EH'i'4~-:'Ns...'.~..~l.:. ~ . ....,"'.'ii....;. .' ~~~~~lf~ ,..' . \i;:!~ .' \~;~il\'" ':: L :-... -._._..,,~J""'"'~ ""'.:.' ~-' " "C"('I. . ~""-.1 /!I(i""''r~ ,....- ~~ ;_._~.~.,~A, ,. " I~~~ ;:.......-t.~ ."":.,-:......- ' . ,"' ",." -' .-: ~.r..,., ,., .':" . .';' 'tli.: ~~: :;.~-, >,~ ~ \\b '~iti' ~ ..t. . . .' .,,;r., ." -,. . , '-'-""'O~< ' ,~~, 3.- '. .!!"i"J. ~t;l;i~'" .' _.u~.- l~';' -:.....~.,;:~ 't::. -' l.\ '< \. ! ~ \ ' - 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 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 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 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 f! N fl.TS. v 3161 3131 ST 188n-tST ~ ./ c~ EXHIBIT" A" ~ CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT ~EMORANDUM TO: City Commission BY: Eric M. Soroka, City. a ;am~ore, Fina/ ort Services Director FROM: DATE: January 2, 2002 SUBJECT: End of Year Budget Amending Ordinance 1 sl Reading January 8, 2002 City Commission Meeting Agenda Item -k..-H 2nd Reading February 5, 2002 City Commission Meeting Agenda Item <i-c.. Recommendation It is recommended that the City Commission approve the attached ordinance amending the 2000/2001 budget. Background 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 (i.e. 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 Outlav 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 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 yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Vice Mayor Patricia Rogers-Libert yes Mayor Jeffrey M. Perlow 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 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 3221000 3312910 33<13601 3425000 31141000 Uce_ & Pennl.. Building Pennllll SUBTOTAL Interaovemmental Revenues FEr.1A R_bu_ WJ\AP004 Grant SUBTOTAL C_ for SeN'''' Dev.lopment Review F_ FI.... .nd Forfoltu_ Vlolotlon of LOCOI OrdIna_ Total Amendment Revenuee EXPENDITURES 1210 2101 1201 2201 3147 3170 .710 4815 3120 CItv Commls8lon Commloo'on S_ Worlc.... Comp Subtotal CItv M.naaor Sol.""" & Wog.. Retirement SchoolAdYlsofy Lobbylol SeNI... NeWlotter Cost Web Poge M.lntenonce Subtotlll !.!a!! l.egaI F_ Subtolal 746,000 1,225,166 1,'71,886 :!'!i!:!:!:!::i:::~t;M!i::::!i!i:iii!ii'::iiii!iii:~;#~M!i:iU:i:::i::i'::!::iU:1,i'i!i;~:: 5S,5S1 103,108 66,551 103,908 [j,,]~~j][~lfWll!~]ll!jilm!j]jl\!1!11!lml!!l!..!WIWji!11l!~U~]i~j]i!!fl!~]ill!~!~jj~j~~1jl;jjl~~ij!~ 30,000 35,100 55,100 ~\~jl!jj!1!lW1Wj_j]!j!!jl!!j!!li!!~f!j]!]j!!!!!jl!!!~~~\I~ljl!I!!1~jliii~j111;~!!l1]1ll~~!j),~il 5,000 48,475 51,475 [1..ji~1jill!illI1jilll~g!!i!11!Wi!lWj..l!!ri!11!jl!l!jj!5ijj[ll1~~jlljijll!I"]iji]~j!lj]im~jij~~"1! ..;ii.........,."'.,..."""'.. !i~!i~imiljj~~_mll $ 25,000 10,000 36,000 1,189 800 2,788 ;j.1!!Hmijj[H!n~~.i!H!jj!l!!liBii*!l!jiHljH!mHri~ii!iHjH[n[Hn.~jiHiH~![n!Hj.1."[[ 287,061 11,000 4,222 2,000 20,800 34,000 3,800 34,000 3,000 2,800 2,000 308,061 6,222 20,800 37,800 37,000 4,800 :*:,!::,!:ii:;:::i!~~:; Jl Ll !~*~~ljij!iniHi.1ii~.j~jW~l!m~~!j!HinJHjlU~~lji~j{jij!~!i 205,000 32,400 237,400 J}J~W[jjliW._liii1jJ~!jJpli!j~lJililWJu~m,~jii!H!ln1jin!i*li[Hi[~ijiHH~~~~d General Fund - 001_ (Continued) EXPENDITURES (Continued) 1201 2101 2201 4740 4111 4401 3101 3180 311& 3480 4311 4320 48SO 4401 City CIlH'k SIIlarl.. & Wll9l8 FICA Tax.. RaII",ment OnII.....ce Codification Elecllon Ex_ Su_1 Public s.lelY/Pollce 0IIlce Spece L_ S_ Community Deval_ Building l"*fI8CtiOn SIIrvlcee _10""1 Serv.other Su_1 Community ~1C18 CuKu'" Center F_lblllty Study StreetIDrelnilge Mehrt. UtII_..s1rMt lights UtII__ Specllll Events Subtotal Non-Deae_ 0IIIce Spece L_ Su_ Total Amendrnent-Expendlturea 90,103 4,600 1,893 400 10,192 200 3,000 2,000 2$,000 14,100 [i'jjilj[1[i~!i~jj~'~IHf~HjliilljiH~ijliI111!ijjiHii~!ljilj[H lji~iil'jjj! o 80,000 n*j!\1i~!!~]j[ji[i!!~lj!j~i!!n!ijinfl!ilHilj!*!jHl!l!lnili!n~li!lj!Hl!i1j!\!*1ilHiHjilj!n 580,000 880,000 25,000 35,000 ~'.illil!i!!lHjlj"~~1iHi[jj!Hin!ij'lni\!ij!!j~l~j!.lll.~~[]ll!iUjl*ni[ij 94,703 7,293 10,392 5,000 39,100 )nJi!J'~'i 80,000 ,~" 1,480,000 80,000 !Ht.""" ......~.. ..... . . 9,800 9,800 100,000 270,000 370,000 70,000 15,000 1&,000 130,000 20,000 150,000 80,000 30,000 80,000 n*Hl~lj~j~!ljm:.~Hj~ililjl!~11IWU~j!~li!l~!~ijllij~bilij[H1!iij!;j~~b[; o 40,000 40,000 ij*~![!jjn!H!mH!!H~jt\jj[jinliH!ln!lj!!jHiiji!ri~ll~~nHjnjtH~j~!m:njj~~1:j:~~~*JJ !i~!ii!!ii!i!i~iMMii REVENUES Non-Revenue 3818000 Cenyover 94,099 83,000 177,091 8UBTOTAL ii~iiiiiiiiiiiiimi~~ii !j~mll!miljilj!l~.l; ii~Hinm'i:ii:i~tt~i: Total Amendment Revenun ~l~llillm!~lill1lj_l\ EXPENDITURES 9407 Publlc_ 08_ _10 Purch_ & Rep_. 100,S30 83,000 183,S30 8ublolel :i..mmiHii:i~~ij q~!H11imHiHj~j~~]1 l,l'I'l'll.l",'I'"""~,, ji"i:iji'ijijijm~!i~:, Total Amendment Expenditures !j~!li!W!iIWli~jIM~! ': '/f/ ,;"~ "" J I ",' ,! .?I~'lr!I\~~~' '," ';lJlrj(ll'E~' '~l:1iji~l~ "I"'IJli;~" - l~~'~lf"'- "" '",-. ~"" - "~l"f' UJ-\i:4 -i:;:" ,- -;it ~,l:J ::;I~' , t, 1....I.l~t.., j")~}.'fl "' \ ~.. :.,~' " .' >f.1 ;!,~ ~,~, ' , "'1, \, it "01 ~/ ~" '~~. ~ . l );",'. r' I l~~....~~,,",,"~~_l.i."; ~,~~ .J;;i~"J........,,,,",,,,,,f;.l.~ Capital Construction Fund - 320 REVENUES Non.oR.evenue 3811000 Intereat on Jnv_1S 30,000 243,000 273,000 SUBTOTAL ii"iiiiiiiiiiiHiHi~~ii j]*!jlj[mml~i;~~Wjj i:"'ii,iiii:iiiiiim~ii Total Amendment Revenun ii..ii:i:iii:iiiii:8~ii EXPENDITURES 8201 Non Deoertm_ Government Center Building 4,881,944 243,000 4,104.944 8ublolSI ij":iiiiiii:ii~;*~jW!:i l!..~!!!jil!li!ljljRMfj ii..iimiji::i~;~:i Total Amendment Expenditures ij.iijijiiimiiii8~ii 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 ~ February 5, 2002 City Commission Meeting Agenda Item 8D 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 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(q) . 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 preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. +i=lis The view corridor is reauired at a side property line(s) and shall extend the fulllenath of the site from the waterway to the 2 stFeet public riaht-of-wav most nearly parallel te the mean high tide line opposite the waterfront. The width of this view corridor shall equal an al.lgregate area of 20 percent 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 preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadwav or off-street parking area. +i=lis 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 public riaht-of-way most nearly parallel to the FReaR hiliJh tide line opposite the waterfront. The width of this view corridor shall eE\ual an al.lliJrel.late area Gf 20 percent 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 9. 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... (0) Multi - Family Medium Densitv Residential Districts (RMF3B). The followinc reoulations shall applv to all RMF3B districts: (1) Purpose of District. The purpose and intent of this district is to provide suitable sites for the development of well-olanned. environmentallv 1 Underlined provisions constitute proposed additions to existing text; slriskeA tl1r-elolgl1 provisions indicate proposed deletions from existing text. Ordinance No. 2002 - Page 3 comoatible medium densitv 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 buildina or structure. or oart thereof. shall be erected. altered or used. or land used in whole or Dart for other than one or more of the followina soecific uses: (a) Sinale familv dwellinas. (b) Zero lot line dwellina units. (c) Two - family dwellinas. (d) Triolexes and Quadruolexes (e) Townhouses (f) Low Rise Aoartments (g) All uses oermitted in CF district. (h) Publiclv owned recreation buildinas and facilities. olavarounds. olavfields and oarks (i) Uses accessorv to any of the above uses when located on the same plot. (3) Conditional Uses. The followinQ uses mav be established if first aooroved as a conditional use. (a) Uses that exceed the heiaht limitations. (3.1) Uses Prohibited: (a) Those uses which exceed 7 stories or 85'. (4) Site Develooment Standards. (a) Minimum Lot Area and Width: Sinale familv and zero lot line: Each dwellina unit shall be located on a olot not less than 40 feet in width and 4.000 sauare feet in area. 2 familv dwellinas: Each dwellina unit shall be located on a olot not less than 60 feet in width and 4.000 sauare feet in area. Townhouses: Not less than 160 feet in width and 16.000 sauare feet in plot area. Where townhouse dwellinas are desianed. aITanaed and constructed for the ownership of each dwellina unit and the land thereunder bv a seoarate and different owner. each dwellina unit mav be located on a lot not less than 20 feet in width. and 60 feet in deoth. Each dwellina unit of a Quadruolex 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 sauare feet in plot area. (b) Maximum Heiaht: Structure oarkina shall be counted in comoutinc buildina heiaht. Ordinance No. 2002 - Page 4 Two-family dwellinas. Triolexes and Quadruolexes: 2 stories or 25'. Sinole familv dwellinas. Zero lot line. and Townhouses: 3 stories or 35'. Low Rise Aoartments: 4 stories or 45'. lc) Plot Coveraae: The combined olot area covered bvall principal and accessorv buildinas shall not exceed 40% of the area of the lot. (d) Setbacks: Front Yards: Princioal buildinas frontina the public riaht-of-wav. between one and two stories. shall be setback at least 10 feet. Princioal buildinas frontina the oublic riaht-of-wav. three stories in heiaht. shall be setback at least 15 feet. Princioal buildinas frontina the public 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. IStructure oarkina shall be counted in comoutina buildina heiaht). Side Yards: Sinale familv. Two-familv. Zero lot line. Triolexes. Quadruolexes and Townhouses: Principal Structure 10 feet where aoolicable. Uoon corner plots in all zonina districts included in this section there shall be a front vard as herein soecified. 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 Aoartments: 25 feet in deoth. Rear Yards: Princioal buildinas. between one and two stories. shall be setback at least 15 feet. Princioal buildinas three or more stories in heiaht shall be setback at least 20 feet. (e) Minimum Distances Between Buildinas: 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 seoarated bv at least 20 feet at the closest point. Additionallv. for each townhouse buildina which exceeds six units in anv one arouo. a minimum of five feet for each unit exceedina six shall be added to the minimum buildino seoaration. lStructure parkina shall be counted in comoutina buildina heiQht). (f) Minimum Floor Areas: The minimum floor area not includina aaraae or unairconditioned areas shall be as follows: Sinale-family unit: 1000 square 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 Ooen Soace: 35% of the total lot area. Said ooen soace shall be unencumbered with anv structure or off-street oarkina. and shall be landscaoed and well maintained with arass. trees. and shrubberv. Pedestrian walkwavs and promenade mav be counted towards ooen soace at the discretion of the Director or desianee. (h) Accessibility: All multi - familv develooment oroiects within the zonina district shall provide a walkwav that links buildinas and oarkina areas to onsite amenities. (i) Floor Area Ratio: The floor area ratio shall not exceed the followina. orovided. however. that structure oarkina 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 lAST) are permitted as a conditional use onlv as an accessorv use and onlv for the purpose 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 Deoartment of Environmental Resources Manaaement. (c) Be fully screened bv a masonry or concrete wall with a self-c1osina and lockina metal door or aate. Such wall shall be landscaoed in accordance with the Citv'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 oermit from the Citv. Aoolication for buildina permit shall be accomoanied bv a site plan indicatina the location of the AST relative to orooertv lines. the orimarv structure served bv the AST. any other structures within 300 feet as well as a landscaoe olan prepared bv a Florida licensed architect or landscaoe architect and other suooortina documentation as deemed necessarv bv the City Manaaer or desianee. Ordinance No. 2002 - Page 6 (6) Architectural Desion Standards. The followinq conceots shall ouide develooment in this district. in addition to other aoolicable 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 formls) 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 palettes that mav be aooroved bv the Citv Commission. (7) Pedestrian Promenades. Pedestrian oromenades for use bv the aeneral oublic shall be provided alona the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkaae of seoarate develooment oarcels. oublic use parcels and public sidewalks alona public rightls)-of-wav. (8) View corridors. All sites abuttina a waterwav shall preserve 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 orooerty linels) and shall extend the fulllenath of the site from the waterway to the public 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 provided. however. each corridor shall not be less than 5 oercent of the required 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 orooerties on NE 188 Street. the followina standards shall applv: 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 public 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 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 oublic riaht-of-wav. 5 feet additional setback shall be added for each floor of the buildina. lStructure oarkina shall be counted in comoutina buildina height). Rear yards: Minimum of 25 feet. For those properties on NE 188 Street. the followina standards shall aoolv: Princioal 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 orooerties on NE 188 Street the followina standards shall aoolv: Princioal buildinas between one and two stories shall be separated by 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 point. Princioal buildinas four stories shall be seoarated bv at least 20 feet at the closest point. Princioal buildinas five or more stories shall be seoarated bv at least 25 feet at the closest ooint. For each additional stOry 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 aroup. a minimum of five feet for each unit exceedina six shall be added to the minimum buildina separation. (Structure oarkina shall be counted in comoutina buildina height). (5) Architectural Desian Standards. For those properties on NE 188 Street. the followina conceots shall auide develooment in this district. in addition to other aoolicable architectural desian standards found in the Land Develooment 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 formlsl shall be incorporated 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. pedestrian promenades for use bv the aeneral public shall be provided alona the waterfront. Such oromenade shall be a minimum of 10' in width and shall include linkaae of seoarate develooment oarcels. public use parcels and public sidewalks alona oublic rightlsl-of-wav. (7) View corridors. For those properties on NE 188 Street. the followina standards shall aoolv: All sites abuttina a waterway shall preserve a visual corridor to the water and maintain a visual oassaaeway area unencumbered with anv structure, roadwav or off-street oarkina area. The view corridor is reauired at a side orooertv Iinelsl and shall extend the fulllenath of the site from the waterwav to the public riaht-of-way most nearly 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 orovided. however. each corridor shall not be less than 5 percent 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 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 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, C' BY: velopment Dire~ 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 €S 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 /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 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 LOR. 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 (RMF38). The followina reaulations shall aDPlv to all RMF38 districts: (1) Purpose of District. The ourpose and intent of this district is to provide suitable sites for the develoPment of well-olanned. environmentallv compatible medium density multifamilv residential . use in areas consistent with the City's Comorehensive 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 Dart for other than one or more of the followinQ soecific uses: (a) Sinale familv dwellinas. 1 Underlined provisions constitute proposed additions to existing text; slRGkeA IllrQ~gl1 provisions indicate proposed deletions from existing text. 3 (b) Two - familv dwellinas. (c) Triplexes and Quadruplexes (d) Townhouses (e) Low Rise Aoartments (f) All uses permitted in CF district. (g) Publiclv owned recreation buildinas and facilities. playqrounds. plavfields and oarks (h) Uses accessory to anv of the above uses when located on the same plot. (3) Conditional Uses Permitted. la) Uses that exceed the heiaht limitations. (4) Site Develooment Standards. (a) Minimum Lot Area and Width: Duolexes: Each dwellina of a two familv 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 sauare feet in olot area. Where townhouse dwellinqs are desianed. arranaed and constructed for the ownership of each dwellinQ unit and the land thereunder bv 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 dwellina unit of a Quadruplex 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 sauare feet in plot area. (b) Maximum Heiqht: Structure parkinQ shall be counted in computina buildinQ heiaht. Duolexes: 2 stories or 25'. Townhouses: 3 stories or 35' . Low Rise Aoartments: 4 stories or 45'. lc) Plot Coveraae: The combined plot area covered bv all orincipal 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. Princioal buildinas frontina the oublic riaht-of-wav. three stories in heiaht. shall be setback at least 15 feet. Principal buildinas frontina the oublic riaht-of-wav. four stories in heiQht. shall be setback at least 20 feet. For those orincipal buildinas not frontina the public riaht-of-wav. 5 feet additional setback shall be added for each floor of the buildinQ. lStructure oarkinq shall be counted in comoutinQ buildina heiaht). Side Yards: Townhouse and Duplexes: Principal Structure 10 feet where applicable. Upon comer olots in all zoninQ 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 and Mid Rise Apartments: 25 feet in deoth. Rear Yards: Principal buildinQs. 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 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 buildinos four stories shall be seoarated bv at least 20 feet at the closest ooint. Additionallv. for each . townhouse buildina which exceeds six units in anv one oroup. a minimum of five feet for each unit exceedina six shall be added to the minimum buildina seoaration. lStructure oarkina shall be counted in computino buildina heiaht). (f) Minimum Floor Areas: The minimum floor area not includina aaraoe 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. For each additional bedroom in excess of two add 150 sauare feet. Efficiencv units shall not exceed twentv (20) percent of the total number of units within a buildina. (g) Minimum Open Space: 35% of the total lot area. Said open space shall be unencumbered with anv structure or off-street oarkina. and shall be landscaped and well maintained with arass. trees. and shrubberv. Pedestrian walkwavs and promenade may be counted towards open space at the discretion of the Director or desianee. (h) Accessibility: All multi - familv develooment proiects 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 followinq. provided. however. that structure parkina shall not count as a part of the floor area. but shall be counted in computina buildina heiaht. Heiaht of Buildino 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 onlv for the ouroose of storino 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 oermit from the Miami-Dade County Deoartment of Environmental Resources Manaaement. 5 (c) Be fullv screened bv 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 development standards of the RMF3A zonino district. Installation of anv AST shall reauire a buildina permit from the Citv. Apolication for buildina permit shall be accompanied by a site plan indicatina the location of the AST relative to propertv lines. the orimary structure served bv the AST. anv other structures within 300 feet as well as a landscaoe plan orepared bv a Florida licensed architect or landscape architect and other suooortina documentation as deemed necessarv bv the City ManaQer or desianee. (6) Architectural Desian Standards. The followina concepts shall auide develooment in this district. in addition to other aoolicable 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 buildino formls) shall be incoroorated in the overall develooment desian includinQ. but not limited to facades and rooflines. c. Architectural oroiections shall be incoroorated into the buildina desian includinQ. but not limited to awninos. canopies. balconies and columns. d. Exterior colors used shall be liaht earth tone schemes or other color palettes that mav be aooroved bv the Citv Commission. (6) Pedestrian Promenades. Pedestrian promenades for use bv the aeneral public shall be orovided alono the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkaae of seoarate develooment parcels. public use oarcels and oublic sidewalks alona public riQhtis)-of-wav. (7) View corridors to bav or ocean. All sites abuttina a waterwav shall maintain a visual oassaaewav area unencumbered with anv structure or off-street parkino area. This view corridor shall extend from the waterwav to the street most neartv parallel to the mean hioh tide line. The width of this view corridor shall eaual an aoareaate area of 20 percent of the averaae of two frontaoes on either end of the view corridor. to a maximum of 100 feet. Each corridor shall not be less than 10 oercent 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 aoplv: Front Yards: Principal buildinas frontina the public riaht-of-wav. between one and two stories. shall be setback at least 10 feet. Princioal buildinas frontina the oublic riqht-of-wav. three stories in heiqht. shall be setback at least 15 feet. Principal buildinas frontinq the public riqht-of-wav. four stories in heiaht. shall be setback at least 20 feet. Principal buildinas frontina the oublic 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 riQht-of-wav. 5 feet additional setback shall be added for each floor of the buildinq. (Structure oarkina shall be counted in comoutinq buildinQ heiqht). Rear yards: Minimum of 25 feet. For those prooerties on NE 188 Street. the followina standards shall apply: Princioal buildinas. between one and two stories. shall be setback at least 15 feet: principal buildinqs 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 prooerties on NE 188 Street the followina standards shall applv: Principal buildinas between one and two stories shall be seoarated bv at least 10 feet at the closest pOint. Principal buildinas three stories in heiaht shall be seoarated bv at least 15 feet at the closest point. Principal buildinqs four stories shall be seoarated bv at least 20 feet at the closest point. Principal buildinas five or more stories shall be seoarated 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 seoaration. Additionallv. for each townhouse buildina which exceeds six units in anv one qrouo, a minimum of five feet for each unit exceedina six shall be added to the minimum buildina separation. lStructure parkinQ shall be counted in computina buildinq heiqht). (5) Architectural Desiqn Standards. For those properties on NE 188 Street. the followina concepts shall auide develooment in this district. in addition to other applicable architectural desian standards found in the Land Develooment Reaulations: 7 "- a. Mediterranean desian features shall be used includina. but not limited to barrel tile roofs. b. Chanaes in massina in the buildinq form(s) shall be incorporated in the overall development desiQn includina. but not limited to facades and rooflines. c. Architectural oroiections shall be incoroorated into the buildina desiqn includina, but not limited to awninas. canopies. balconies and columns. d. Exterior colors used shall be Iiaht earth tone schemes or other color palettes that mav be approved bv the Citv Commission. (6) Pedestrian Promenades. For those properties on NE 188 Street. pedestrian oromenades for use bv the aeneral public shall be provided alona the waterfront. Such promenade shall be a minimum of 10' in width and shan include linkaae of seoarate development parcels. public use parcels and public sidewalks alona public riahHs\-of-wav. Istaff reportsl01-LOR-01 amend LOR RMF3B 8 ~ 31-143 AVENTURA CODE d. Be located in a nner consistent with the S1 development standards of the RMF3 zoning 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 ed necessary by the City Manager or designee. (e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RMF3A Districts: 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 pu e of storing fuel for emergency gen tors. ASTs must conform to the followin eq uirements: a. b. c. (1) Purpose of district. 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"P'lP'\ N... .-:. i"'T\'l' .ac 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 quadruplex 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 Nn ~ r.n::lH~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. 1. 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 Floor Area Ratio 1 story 2 story 3 story 4 story 5 story 6 story 7 story 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. (f) Multifamily High Density Residential Districts (RMF4). The following regulations sh ap to all RMF4 Districts. urpose of districts. 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 ted. No building or structure, or part thereof, shall be ected, altered or used, or Ian sed in whole or part for other than one or more of e following specific uses: b. 1. Duplexes, townhou s, low-and mid-ris [apartments]: As required in the RMF3 and RMF Zoning Districts. a. All uses perm.tted in the RMF3 District. b. High rise apart c. d. Publicly owned recreat n buildings and f cilities, playgrounds, playfields and parks. e. ALF. f. (3) Site development standards. a. 2. 1. 2. houses: Three stories or 35 feet. 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. Runn Nn fi r.n~, .AQ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE, who on oath says that she is the SUPEAviSOA,.Lagal Notices 0; the Miami Daily Busiil~SS Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 2/5/2002 RE: AVENTURA HOSPITAL & MEDICAL CENTER - 02-VAR-02 in the XXXX Court, was published in said newspaper In the issues of 01/25/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy d advertisement; and affiant further says that she has ~eithnr ps.:d nor pi"c;;.:~ed any pCi"sor:, t!rm or c~rp'Jra.tion any discount, rebate, commission' or refund for the purpose of securing thi dverti for publication in the said newspaper. (SEAL) O.V. FERBE FFlCIAI: NOTAR ~erso~/!IIlIVL'l.~EAI: ~~~UC STATE OF FLORIDA MY COMM::g~ NEXO. CC 912958 P. E 23 004 a CITY OF AVENTURA Data and Time 01 Public Hearing: Tuesday, Fabruary 5, 2002 6:00 p.m. AppIIcanl Name: Appllc.nt', Requert AvenIur8 HospilaI & Medical centar The appHcant Is requesting a vari. ance from Section 31-144(1)(4) 01 the City's land Development Regu- lations to allow a floor area ratio of 1.35 where a maximum ftcor ama ratio 011.28 Is permitted by Code. Appllceflon Number: 02-V AA-02 legal DoacrlpUon: Location Of SubJect Property: 20900 Biscayne Boulevard Size 01 SUbject Property: Tracts 1. 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and the west \4. of lot 2. Block 8, Map of the Town of Hallandale, ac- cording to the plat recordeclinPlat Book B at Page 13, both 01 the Pub- lic Records of Miami-Dade County, F1or1de, less the rights of way lor NE 209 St_ and NE 2B Avenue, City of Aventura. 11.25 Acres Plans are on file and may be examined during regular business hours in the City 01 Aventura Government Center, 19200 West Country Club Drive. Aventura, Ftortda 33180. Plans may be modified at or before the 'I" Public Hearing. The appltcation may change during the hearing pro- cess. The Public Hearing will be held aI City 01 Aventura Government Cen- ter, 18200 wut Country Club DrIve. Aventu.... Flo"" 33180. Your comments may be made tn person at the hearing or flied In writing prior to the hearing date. Refer to applicant/property on correspondence and mall same to City 01 Aventura Government Center, Community Develop- ment DepartmlflljJ9200 West Country Club Drive, Avent.ra, Florida 33180. For further Infonnation, plaase call (305) 466-11940. In accordance with the Americans with Disabilities Act of 1990, all per- sons who are disabled and who need IlpeClal acconrnodallons to partlcl- pale in this proce8lllig beca,," of that disability should conlecl the Office of the Clly Clark. 466'-8901, not later than two business deys prior to such proceedings. If a person decides to appeal any decision made by the City Comml... sian with respect to any matter considered at a meeting or hearing, that petOllI1 will need al8COfd of the proceedings and, lor such purpose, may need to ensure that a verbetim record of the proceedings is made, which record illlliudes the testimony and evidence upolI which the appeal is to be based: 1/25 Teresa M. Soroka, CMC, City Clerk 02-3-68123t605M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERViSOR, Lagal Notices of the Miami Deny-Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 2/5/2002 RE: AVENTURA HOSPITAL & MEDICAL CENTER - 01-VAR-02 in the XXXX Court, was published in said newspaper in the issues of 01/25/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid ner promiserJ any persor:, firfTl or corporation any discount, rebate, commission or refund for the purpose of securing this a rtiseme ublication in the said newspaper. (SEAL) O.V. FERBEYRE P FFlClALNOTARYSEAL JANETI' LLERENA 1!!m'M'XMU6 fi'llATIi OF FLORIDA - - -tbMMISSION NO, CC 912958 MY COMMISSION EXP_ NE 23 a CITY OF AVENTUAA . O.'..nd n... 01 PubllcH..rlng: Tuesday, February 5, 2002 6:00 p.m. Appllcanl No...: Applicant's Request: Avenlure HosplIaJ & Medical Centar The applicant Is requesting a vari~ ance Irom Section 31-144(1)(4) of the City's land Daveiopment Regu- lations to allow a front yard setback of 20' where a SO' satback Is re- quired by Code. 01-VAA-ll2 Application Number: location Of Subj.ct Property: lagal Description: 21100 NE 28 Avenue lols 17 through 24 inclusiv., Block I, lots 11 through 24 inclusive, lols 29 and 30, Block J. HaUandale P.rk No.6 according 10 Ih. pial thareof, as recorded In Book 17 Page 56 of the Public Records 01 Miaml-D.de County. Florida and thaI part of the righl 01 way of NE 27 Court (Berkeley Avenue) lying between said Block I and said Block J as va- cated by City of Aventura Resolu- tion No. 2000-41. Size 01 Subject Property: 2.06 Acres Plans are on file and may be examined during regular business hours in : the CIty of Aventur..Government Center, 19200 West Country Club Drive, Aventura, florida 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing pro- cess. The Public Hearing will be held at City of Aventur. Government Cen- ter, 19200 West Country Club Drive, Aventura, florid. 33180. Your comments may be made lnperson at the hearing or filed in writing prior to the hearing .date. Refer to app!icanVproperty on correspondence and mail same to City 01 Aventura Government Center, Community Develop- .....'lIepartm.nt, 19200 West Country Club DrIvIl, Aventura, Rorld. 33180. For further information, please call (3Q5t 46&-8940. In accordance with the AmericanS with Disabilities Act of 1990, all per- sons Who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the City Clem, 466.08901, not later than two business days prior to such proceedings. If a person decides 10 appeafany decision made by the City Commis- sion 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 appealls to be based. 1/25 Teresa M. Soroka, CMC, City Clerk 02-3-691231606M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OV. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Leqal Holidays) nAw!':naper. pIJhl!sher! At Mi':1mi I" Miami-Dads County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC NOTICE OF PROPOSED ORDINANCE - FEB. 5, 2002 in the XXXX Court, was published in said newspaper in the issues of 01/11/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi dve' me for publication in the said newspaper (SEAL) O.V. FERB YRE P~~;~ww~~rL NOI'ARY PUBUC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. NE 23,2004 } .' ~ --Y ofB"c,e CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDI.NANCE NOTICE IS HEREBY GIVEN that on Tuesday, the 5th day of February, 2002, at a meeti'ng of the City Commission of the City of Aventura, to be held at 6:00 p.m. in the Commissiqn Chamber at Aventura Government Center, 19200 West Country Club Orive, Aventura, Florida, the City Com- mission will consider the adoption of the following Ordinance on second reading, entitled: 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; AUTHOR- . IZING THE CITY MANAGER TO DO ALL THINGS NECES- SARY.TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Inter- . ested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any petson wishing to address the City Com- .mission on any item at this Public Hearing may do so after the Mayor opens the public hearing. In accordance with the Americans with Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate 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 Ii person decides to appeal any decil;lion made by the City Commis- sion with respect to any matter considered at a meeting or hearing, that perso.n 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. 1/11 Tere~SQroka, CMC City Clerk . . 02-4-61/227639M ihe :ffilamt Herat~ ~ 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, Wednesday, January 23, 200l. 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. .r~". C--.~...,,_.._......, "- /-/t#..n,h FRANK TOMASINO Sworn to and subscribed before me This ~ day of "')4h0-~{LJ- Lis=e~ang0Y>~"-~ A.D. 2001 ~\\I1"'11 L' ~m"~Y P~~o;. Isa ~~n Hernandez !:" .:Gomn.us.s:lOn#DD000617 ;. {::J~ lli..pITes Feb. 11,200' ~tgF" \~ Bonded Thru ~"I/l'\\\" Atlantic Bonding Co., Ine. 3613 N.E. 163rd Street, North Miami Beach, FL 33162 )I(NIGHT RIDDER) CITY OF AVENTURA NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP . "'>..."'" Public Notice is hereby given that the City of Aventura will meet in a public hearing on Tuesday, February 5, 2002 at 6:00 pm to consider finEd 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 3205 NE .188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMllTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. f" and 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 OF LAND 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. The Public Hea.ring 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 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