03-05-2002
City r"'""'""'I....loD
Jeffrey M. Perlow, Mayor
A~ C~ of
.n.ventura
.&.
'~'.,,"''''</
City M-n.,vP'"
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
City Clerk
Teresa M. Soroka, CMC
City AttonJ~.,.
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
MARCH 5, 2002 - 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALLTOORDER~OLLCALL
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
conunent upon any of these items, please inform the Mayor when he requests public
conunents. 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 Conunission 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 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, GRANTING CONDITIONAL USE
APPROVAL TO PERMIT THE A VENTURA CHARTER
ELEMENTARY SCHOOL ON A PROPERTY WITH A BUSINESS AND
OFFICE LAND USE DESIGNATION LOCATED AT 3333 NE 188
STREET; PROVIDING AN EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Emergency Additions
Mm:h S, 2002 r'.'.":""xI1adiDg
5. SPECIAL PRESENTATIONS: Certificates of Appreciation presented to
members of the Beautification Advisory Board and Recreation and Cultural Arts
Advisory Board. Certificates of Appointment presented to members of the
Economic Development Advisory Board.
6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
February 5, 2002 Commission Meeting
February 21,2002 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO FILE A GRANT APPLICATION WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR
TRAFFIC ENFORCEMENT PROJECTS RELATIVE TO
INTERSECTION CAMERAS, VIDEO MONITORING SYSTEM,
AND READER BOARDS; 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 file grant application with FDOT for
projects relative to intersection cameras, video monitoring system and
reader boards)
C. A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA REGARDING
REIMBURSEMENT OF CERTAIN COSTS RELATING TO
THE ACQUISITION, CONSTRUCTION AND EQUIPPING
OF VARIOUS CAPITAL IMPROVEMENTS WITHIN THE
CITY; PROVIDING AN EFFECTIVE DATE.
<Authorizes reimbursement of expenses relating to projects, i.e. Charter
Elementary School and Community/Recreation Center, to be funded
from the 2002 financing prior to closing on the financing)
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
ESTABLISHING PROCEDURES FOR RESOLVING PROTESTS
CONCERNING BIDS (BIDS), REQUEST FOR PROPOSALS
(RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S),
REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND
PURCHASE ORDERS BASED ON WRITTEN OR ORAL
2
Mm:h S, 2002 rrmmi..... Mediug
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE
OF THE CITY OF A VENTURA ENTITLED
"ADMINISTRATION"; BY AMENDING ARTICLE IV
ENTITLED "FINANCE" DIVISION 3 ENTITLED
"PURCHASING"; BY CREATING SECTION 2-259 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
PROVIDING FOR THE CITY TO OPT OUT OF AND EXEMPT
ITSELF FROM THE REQUIREMENTS OF SECTION 2-11.1(T)
OF THE MIAMI-DADE COUNTY CODE CONCERNING CONE
OF SILENCE REQUIREMENTS RELATED TO PURCHASING
TRANSACTIONS; AMENDING THE CITY CODE BY
ADOPTING SECTION 2-260 "CONE OF SILENCE" OF
CHAPTER 2 "ADMINISTRATION," PROVIDING CITY'S CONE
OF SILENCE REQUIREMENTS RELATED TO
COMMUNICATIONS WITH THE CITY DURING
PURCHASING TRANSACTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. 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 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
3
Mm:h S, 2002 0.....:..:00 IadiDg
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.
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 OP, OFFICE PARK DISTRICT TO CF,
COMMUNITY FACILITIES DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
D. 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
200112002 FISCAL YEAR BY REVISING THE 200112002 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.
E. 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.
F. 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
4
Mm:h S, 2002 c.....:......1adiDg
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.
G. 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 MARCH 21, 2002 9 AM
LOCAL PLANNING AGENCY APRIL 2, 2002 6 PM
COMMISSION MEETING APRIL 2, 2002 (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, 305-466-8901, not later than two days prior to such proceeding. One or more
members of the City of A ventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision
made by the A ventura 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 he 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 305-466-890 I.
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
BY:
City Commission .c
Eric M. Soroka, Cittt~ger
Brenda Kelley, Community lopment Direc~
TO:
DATE: February 22, 2002
SUBJECT: Request for Conditional Use approval pursuant to Policy 1.3 of the Future
Land Use Element of the City's Comprehensive Plan to permit the Aventura
Charter Elementary Schoof on a property with a Business and Office Land
Use designation. (04-CU-02)
March 5, 2002 City Commission Meeting Agenda Item 3
RECOMMENDATION
It is recommended that the City Commission approve the request for conditional use
approval to permit the Aventura Charter Elementary School on a property with a Business
and Office land use designation.
IH~ R~QUeST
The City Manager is requesting Conditional Use approval pursuant to Policy 1.3 of the
Future Land Use Element of the City's Comprehensive Plan to permit the Aventura
Charter Elementary School on a property with a Business and Office land use
designation.
BACKG~OUNO
OWNER OF PROPERTY:
ADDRESS OF PROPERTY
3333 Aventura Realty Corp.
3333 NE 188 Street
LEGAL DESCRIPTION
Lengthy Legal - See Exhibit "A"
SIZE OF PROPERTY
Approximately 3.2 acres
EXISTING ZONING
LAND USE DESIGNA liON
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:
in progress amendment from OP, Office Park
District to CF, Community Facility District
Business and Office
in progress amendment from OP, Office Park District to
CF, Community Facility District
RMF3, Multifamily Medium Density Residential District
RMF4, Multifamily High Density Residential District
and ROS, Recreation Open Space
OP, Office Park District
CF, Community Facilities District
in progress amendment from TC2, Town Center Marine
District to RMF3B, Multi-Family Medium Density
Residential District
marine industry
public park, residential and vacant land
vacant
vacant land (community recreation facility)
marine industry, boat storage
Future Land Use Designation. According to the City of Aventura Comprehensive Plan,
the following properties are currently designated as follows:
Subject Property: Business and Office
Properties to the North: Town Center and Medium-High Density Residential
Properties to the South: Business and Office
Properties to the East: Business and Office
Properties to the West: in progress amendment from Industrial and Office to
Medium-High Density Residential
The Site - The subject site, the former Tempest property, is a waterfront property located
on the north side of NE 188 Street. The existing marine industry structures on the site will
be demolished prior to construction of the Aventura Charter Elementary School. (See
Exhibit #1 for Location Map).
The Project - The City is proceeding with construction of the Aventura Charter
Elementary School at 3333 NE 188 Street, immediately west of and adjacent to the
community recreation facility. The siting of these two facilities on adjacent parcels will
enable joint use of recreational facilities and community activity and meeting rooms.
2
ANALYSIS
Citizen Comments . The Community Development Department has received no written
citizen comments about this application.
Description I Background - The City is proceeding with construction 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 6oo-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.
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.
Community Development Department Analysis - The City Manager is requesting
Conditional Use approval pursuant to Policy 1.3 of the Future Land Use Element of the
City's Comprehensive Plan to permit the Aventura Charter Elementary School on a
property with a Business and Office land use designation. Policy 1.3 of the Future Land
Use Element of the City's Comprehensive Plan states:
Community facilities (including schools) and places of worship shall be
allowed on property with a residential or business and office land use
designation through the conditional use procedures found in the City's land
development regulations, and shall also be encouraged within Town Centers
when such placement results in the co-location of schools with other
educational and cultural resources such as libraries, museum,
conservatories, and auditoriums.
While the proposed use is a permitted use in the CF, Community Facilities District, Policy
1.3 is a more restrictive city policy and requires that conditional use approval be obtained
for the siting of the Aventura Charter Elementary School. Upon review of the City's
Comprehensive Plan, the Department of Community Affairs required that the City address
school siting issues to provide for intergovemmental cooperation with the School Board
and quicker and more efficient siting of schools and community facilities within
municipalities and unincorporated areas. At that time the City responded to the
3
Department of Community Affairs by agreeing to allow schools and recreation facilities as
a permitted use in most districts in the City. The Department of Community Affairs found
the City's Comprehensive Plan in compliance in February 1999. Staff requested an
interpretation from the Department of Community Affairs as to if this policy needs to be
amended or if the City's agreement with DCA is sufficient. DCA's response is attached
and staff will be working with DCA to determine the next course of action in addressing
this policy's requirements. In order to assure compliance with all City policies and
regulations, the City Manager is requesting this conditional use approval.
Criteria
According to Section 31-73(c) of the Land Development Regulations, an application for
Conditional Use will be evaluated using the following criteria:
(1) The proposed use shall be consistent with the comprehensive plan.
The use is not inconsistent with the City of Aventura Comprehensive Plan.
(2) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance or operation of the proposed use shall not be detrimental
to or endanger the public health, safety or general welfare.
(3) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The City Commission has reviewed the overall concept and Mure 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.
(4) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency seNices, shall exist at the City's adopted levels of
seNice, or will be available concurrent with demand as provided for in the
requirements of these LDRs.
The proposed conditional use has no effect on population density and may decrease the
demand for water, sewers, streets, and other public facilities and seNices.
(5) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
4
Access and egress to the Aventura Charter Elementary School is by NE 188 Street, a
public right-of-way. The City is proceeding with plans for street improvements to improve
NE 188 Street, including but not limited to widening to a 4-lane, landsceped median
roadway with sidewalks on each side of the street.
(6) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
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.
(7) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed use shall minimize adverse effects, including visual impacts,
of the proposed use on adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria.
/staff rePOrtSI04-CU-02 charter elem school
5
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
.Dedicated to making Florida a bettsr place to call home"
JEB BUSH
GolMrnor
STEVEN M. SEIBERT
SecnIaIy
Ms. Brenda Kelly
Community Development Director
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
II
February 12, 2002
Re: Siting of Community Facilities (Schools)
Dear Ms. Kelly:
The Department has reviewed your letter dated December 12, 2001, regarding siting of
community facilities as specified in Policy 1.3 of your City's Comprehensive Plan. Your letter
requested our opinion as to whether it would be consistent to allow schools as of right in the
City's various land use districts.
Policy 3.1 states:
"Community facilities (including schools) and places of worship shall be allowed on property with a
residential or business and office land use designation through the conditional use procedures found
in the City's land development regulations, and shall also be encouraged within Town Centers when
such placement results in the co-location of schools with other educational and cultural resources
such as libraries, museum, conservatories, and auditoriwns."
We cannot conclusively make a detennination whether the City's Land Development Regulations
(LDRs) is consistent with the City's Comprehensive Plan regarding school siting without
reviewing the LDRs. However, in general, conditional uses or conditional use procedures require
additional performance measures or compliance with certain conditions and standards which do
not apply to "as of right" permitted uses. If a zoning code is in conflict with the comprehensive
plan or is less restrictive, the plan must be deemed controlling, pursuant to Chapter 163.3215,
Florida Statute (F.S.).
The Department supports locating schools in appropriate land use categories of the local
governments' comprehensive plan on as of right basis. To that end, we suggest that the City
revise Policy 3.1 (perhaps in your next cycle of comprehensive plan amendment), to allow schools
. as of right in the identified land use categories. School siting policy should encourage
2H6 SHUMARD OAK BOULEVARD .TALLAHASSEE, FLORIDA 3238802100
Phone: (850) 488-&466/SUnCCl ~ FAX: (850) 921.0781tsuneom 291-D781
1_ _: hIlp1/wwW.dca.-.n.us
CRITICAl. STATE CONCERN FIaD OfFICE COMMUNITY PLANNINGI
EMERGENCY .......oea-rr HOUSINCJ & COMMUNITY DEVELOPMENT
.-.-.. ~---- ._.- .
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Gcwemor
STEVEN M. SEIBERT
-
Ms. Brenda Kelly
Page Two
February 8, 2002
II
location of schools proximate to urban residential areas to the extent possible pursuant to Section
163 .3177(6)(a), F .S. Further, it should require local governments to seek to collocate public
facilities such as parks, libraries, and community centers with schools to the extent possible. .
I will be available to assist you when you plan to revise the subject policy. Meanwhile, if you
have any other questions regarding this matter, please contact me in the Bureau ofI-ocal Planning
at 850.922.1790 or dickson.ezeala@dca.state.fl.us.
Sincerely,
Dickson Ezeala
Planning Manager
/ide
ce. Ken MetcaIt: Community Program Administrator, BLP/DCP/DCA
Mike McDaniel, Growth Management Administrator, BLP/DCP/DCA
Carolyn Dekle, Executive Director, South Florida Regional Planning Council
CRITICAlITATE CONCERN FIELD OFFICE
21ll60..0-_.SulIe212
_. Fl33C50-2227
r,105) _>402
2651 SHUMARD OAK BOULEVARD 'TAU.AHASSEE. FLORIDA 32389~100
Phone: (850) 188 e466/Suncom:z78.8466 FAX: (850) 921-0781/Suncom 291.m'el
Internet _: hltp1_.dc8._.ft.us
COMMUNITY PLAHNIHO EMEftOSICV--
2565_00k_ 2565_001<-
TaIIIlhaMe. FL 323C18-2100 TallahMM8. FL 32Sll9-2100
la5Ol~ la5Ol41~
HOUSINI3 & COMMUNITY DEVELOPMENT
2565_00k_
TIIIIahaMe. FL 32399-2100
la5Ol....7956
City of
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
JEFFREY M. PERLOW
MAYOR
Via Facsimile (850) 487-4545 and Hand Delivered
CoMMtSSIONERS
ARTHUR BERGER
JAY R. BESKIN
KEN COHEN
HARRY HOl.zBEN:i
MANNY GROSSMAN
PATRICIA ROOERs..LIBERT
December 12, 2001
Mr. Dickson Ezeala, Planner
State of Florida Department of Community Affairs
Division of Resource Planning and Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
ER.IC M. SoROKA
CITY MANAGER
Re: Siting of Community Facilities (Schools)
Dear Mr. Ezeala:
This letter will serve as a follow-up to our previous discussion regarding siting of
community facilities (schools).
Policy 1.3 of the City's Comprehensive Plan states:
.Community facilities (including schools) and places of worship shall be allowed
on property with a residential or business and office land use designation through
the conditional use procedures found in the City's land development regulations,
and shall also be encouraged within Town Centers when such placement results
in the co-location of schools with other educational and cultural resources such
as libraries, museum, conservatories, and auditoriums."
While our Comprehensive Plan was adopted with the above language, subsequent
discussions with DCA regarding the siting of community facilities (schools) initiated the
attached correspondence. The Comprehensive Plan states that a community facility
shall be allowed through the conditional use process, however, during adoption of the
City's Land Development Regulations, the City Commission recognized the urgent need
for a community recreation facility and an elementary school within the City and
recognized DCA's desire for efficient siting of community facilities (schools). Therefore,
PHONE: 305-466-8900 . FAX: 305-466-8939
www.cityofaventura.com
the Commission allowed community facilities (schools) as a pennitted use in most
districts in the City.
Because the Department of Community Affairs encourages and supports the ease of
location of community facilities (schools) within municipalities, I believe that allowing
these facilities as a pennitted use is less restrictive and therefore in compliance with the
City's Comprehensive Plan. The City has recently been questioned as to compliance of
the City's Land Development Regulations with it's Comprehensive Plan regarding this
issue. Please advise as to DCA's position.
Please feel free to contact me at (305) 466-8940 if you should have any additional
questions.
Sincerely,
.t:::::. cL ~wL-
Community Development Director
Attachment
fez. ala 121201 camp plan
--
STATE OF flORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Gowmot'
STE\lEN M. SEIBERT
s.erelary
March 9, 2000
Ms. Brenda Kelley
Community Development Director
City of A ventura
2999 N.E. 191" Street
Suite 500
Aventura, Florida 33180
RECEIVED
MAR , 3 ?001l
COMMUNITY DEVELOPMENT
RE: Public School Locational Requirements
Dear Ms. Kelley:
We have reviewed your February 25, 2000, letter regarding the consistency of the City of
A ventura Comprehensive Plan with the public schoollocational requirements of Section
163.3 1 77(6)(a), Florida Statutes. We concur that the City of Aventura Comprehensive Plan
meets the statutory requirements regarding public schools.
If you have any questions regarding this matter please contact Ken Metcalf, Community
Program Administrator, in the Bureau ofLoca1 Planning, at (850) 487-4545.
Sincerely,
C~\I-'-~ G~ik
Charles Gauthier, AICP
Chief, Bureau ofLoca1 Planning
.
26&6 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32318.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.07811Suncom 291.0781
Internet .ddress: htlp:llwww.dc....t.te.fl.u.
CRl11CAL STATE CONCERN FlaD OFFICE
278S o.-..u Highway. Sutte 212
Mamhon. FL 33050-2227
(305)210-2<402
COMMUNITY PLAHNUfO
2555 Shumard Oek BouIeYard
T.......... FL S23OO-21OC1
l8SO) ........
EMERGENCY MANAGEMEHT
255S Sh.Irnard Oak BouIeYIrd
TaIahaMM. fL 32309-2100
(85O)413-1Kl(tg
HOUSING &. COMMUNITY DEVB.OPMENT
2555 Shumard Oak 80uIeYard
TaIahuMt'. Fl 1230;-2100
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CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191 ST STREET
SUITE 500
AVENTURA, FLORIDA 33180
ARTHUR I. SNYDER
MAYOR
February 25, 2000
Mr. D. Ray Eubanks, Community Program Administrator
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
COMMISSIONERS
ARTHUR BERGER
JAY R. BESKIN
KEN COHEN
HARRY HOLZBERG
JEFFREY M. PERLOW
PATRICIA ROGERS-LIBERT
ERIC M. SOROKA.
CITY MANAGER
Re: City of Aventura Comprehensive Plan Amendment Package 00-1
Dear Mr. Eubanks,
This department is in receipt of your letter of February 16, 2000 regarding the
Department of Community Affairs' (DCA) preliminary inventory of the above
referenced amendment package. In your letter, you pointed out that Paragraph
163.3177(6)(a), Florida Statutes now requires local governments to include
public school siting criteria in their comprehensive plans no later than October,
1999. You expressed concern that your department's records indicated that this
requirement has not been incorporated into the City of Aventura Comprehensive
Plan. We believe that you may have reached this conclusion in error.
The City of Aventura was incorporated in November 1995. On July 28, 1998 the
City transmitted its proposed comprehensive plan to DCA. On October 16, 1998
the DCA issued its Objections, Recommendations and Comments (ORC) Report.
Objection 7 of the ORC Report noted that a school siting analysis would be
required in the adopted comprehensive plan. Such an analysis was performed
and included at pages 19-22 of the support component of the final draft of the
plan's Future Land Use Element. In addition, a new Objective 13 and new Policy
13.1 were added to the Goals, Objectives and Policies section of plan's Future
Land Use Element. Both concerned school siting issues and encouraged
flexibility in developing solutions to school siting needs. These changes became
part of the City's adopted comprehensive plan when it was approved by the
Aventura City Commission on December 15, 1998 in Ordinance 98-27. (Copies
of the changes referred to are attached for your reference.)
PHONE: 305-466-8900 . FAX: 305-466-8939
On February 18, 1999 the Department of Community Affairs issued a Notice of
Intent to Find in Compliance the City's adopted comprehensive plan. (A copy of
this document is also attached.) Because the City's adopted comprehensive plan
conforms to the current language of Paragraph 163.3177(6)(a), Florida Statutes,
the City has not amended it. I will also note that the City has fully complied with
Objective 13 and Policy 13.1 of the land Use Element. The City's new land
Development Regulations allow the siting of schools in all zoning districts either
as a conditional or permitted use, depending on the particular district. Recently,
the City secured the dedication of a two-acre site for the Miami-Dade County
School Board from a residential developer for use for a Primary learning Center.
The developer had previously acquired this land at a cost of almost one million
dollars per acre. The City continues to place a high priority on the development of
a school site within the city to service a K-12 population.
Should you have any questions, please feel free to contact me at (305) 466-
8940.
Sincerely,
Bt~.J.- ~~
Community Development Director
C: Eric M. Soroka, City Manager
2
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191 ST STREET
SUITE 500
AVENTURA, FLORIDA 33180
July 29,1999
ARTHUR I. SNYDER
MAYOR
Mr. Paul DiGiuseppe, Planning Manager
Florida Department of Community Affairs
Division of Resource Planning and Management
2555 Shumard Oak Boulevard
Tallahassee, Fl32399-2100
COMMISSIONERS
ARTHUR BERGER
JAY R. BESKIN
KEN COHEN
HARRY HOLZBERG
JEFFREY M. PERLOW
PATRICIA ROGERS-LIBERT
Dear Paul:
,
ERIC M. SOROKA
CITY MANAGER
This letter is written in response to Carol Forthman's letter dated February 5, 1999, and a
subsequent telephone conversation with you, regarding school siting issues; and your letter dated
June 25, 1999 regarding the Intergovemmental Coordination Element of the City's Comprehensive
Plan.
School Sitina Issues
The City recently passed and adopted (July 13, 1999) its own land Development Regulations
(zoning code). These regulations were written to allow schools as a pennitted use in all residential,
business and town center, community facility, medical office and office park zoning districts subject
to minimum lot size and development standards. This was consistent with information provided to
you in a letter dated February 8, 1999 (attached). I have enclosed copies of the zoning district
sections outlining pennitted uses in those districts.
Interaovernmental Coordination Element
Since the City's Comprehensive Plan was found in compliance by your department on February
18, 1999, please confinn that this Element is consistent with the amendments required of other
municipalities, at this time.
As always, I appreciate your help in resolving these issues. If you have any questions, please feel
free to call me at (305) 466-8940.
Sincerely,
.1:..::: L \LJ-L-
Community Development Director
Attachments
Cc: Eric M. Soroka, City Manager
lIeltersldigiuseppe 072999 dca
PHONE: 305-466-8900 . FAX: 305-466-8939
,.--
......,
L.l f.~y OF AVENTJhA
GOVERNMENT CENTER
2999 N.E. t 9 t ST STREET
SUITE 500
AVENTURA, FLORIDA 33 t 80
February 8, 1999
Via Facsimile (850) 488-3309 and Reaular Mail
ARTHUR I. SNYDER
MAYOR
HARRY HOLZBERG
VICE MAYOR
Mr. Paul DiGiuseppe
Florida Department of Community Affairs
Division of Resource Planning and Ma.1agement
Plan Processing Team
2555 ~humard Oak Boulevard
Tallahassee, FL 32399-2100
COMMISSIONERS
ARTHUR BERGER
JAY R. BESKIN
KEN COHEN
JEFFREY M. PERLOW
PATRICIA. ROGERS.LIBERT
ERIC M. SOROKA
CITY MANAGER
Dear Paul,
This letter is written as a follow up to our telephone conversation regarding concerns
about the adoption of the City of Aventura Comprehensive Plan. The four issues we
discussed are as follows:
1. The finding of the public school siting analysis contained in the adopted City plan
must be coordinated with development of land use regulations.
Response: The Community Development Department is currently preparing land use
regulations for the City. These will be written to allow schools as a permitted use in all
residential and business zoning districts subject to minimum lot size and development
standards.
2. It is important that the City locate, evaluate and work to eliminate septic tanks.
Response: As indicated in the comprehensive plan and ORC response report, very little
data exists on the location of septic tanks within the City. Presently, the only
methodology available to the City is to determine the location of active Miami-Dade
WASD and City of North Miami Beach Utilities sewer lines within the City, then cross-
reference those areas lacking sewer service to existing land uses. The City will attempt
to do such an analysis within the next few months. The analysis will determine how
many septic tanks exist, where they are located, and in what type of soils they are
located. The City will provide you with the information we have compiled/prepared, and
more specifically, what steps will be taken to address those, if any, septic tanks located
in high density districts and/or in poor soils. As shown in the comprehensive plan, the
City will work to eliminate septic tanks in future development.
PHONE: 305-466-8900 . F"x: 305-466-8939
!&
AVENTURA
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LEGAL DESCRIPTION:
A portion of the South 1/2 of Section 3. Township 52 South. Range ~2 East.
Miall-Dade County. Florida. being lore particularly described as follows:
COile nee at the center of said Section 3; Thence run N. 89'50'55'N. along the
North line of the Southwest 1/4 of said Section 3 for a distance of 670.26 feet
to the Northwest corner of the East 1/2 of the Northeast I/~ of the Southwest
t/~ of said Section 3; Thence run S.00'39'25IE.. along the Nest line of the East
1/2 of the Northeast 1/~ of the Southwest 1/4 of said Section 3 for a distance
of 1107.11 feet to a point; Thence run N.B9120'35'E. for a distance of 1816.25
feet to a point; Thence run N.OO'39'25IW. for a distance of 15.00 feet to the
Point of Beginning of the tract of land hereinafter described; Thence continue
N.00'39'25IN. for a distance of 330.18 feet to the centerline of a canal; Thence
run S.89156'45IE. along the centerline of said canal for a distance of 426.33
feet to a pOint; Thence run S.00'39'25IE. along a line perpendicular to the
North Right-of-Nay line of N.E. l88th. Street. for a distance of 324.89 feet to
a point on said North Right-of-Way line; Thence run S. 89'20' 351W. . along the
North Right-of-Way line of N.E. t88th. Street. for a distance of 42~3O feet to
the Point of 8eginnlng. LESS and EXCEPT therefrol the property described in that
Right-of-Way Deed to MIall-Dade County, filed February 21. 1989. in Official
Records 800k t4oo3, at Page 2376 of the Public Records of Miall-Dade County,
F I or i da.
LEGAL DESCRIPTION: (LESS-OUT PARCEL FOR RIGHT-Of-NAYI
A portion of the South 1/2 of Section 3, Township 52 South, Range 42 East,
Miali-Dade County, florida, being lore particularly described as follows:
Comnce at the center of sa i d Sect I on 3; Thence run N. 89' 50' 55' W. a long the
North line of the Southwest t/4 of said Section 3 for a distance of 670.26 feet
to the Northwest corner of the East 1/2 of the Northeast 1/4 of the Southwest
1/4 of said Section 3; Thence run S.00'39r25'E., along the Nest line of the East
1/2 of the Northeast I/~ of the Southwest t/4 of said Section 3 for a distance
of 1107.11 feet to a point; Thence run N.8912Q'35'E. for a distance of 1816.25
feet to a point; Thence run N.OO'39'25'W. for a distance of 15.00 feet to the
Point of Beginning of the tract of land hereinafter described; Thence continue
N.00'39'25'W. for a distance of 20.00 feet to a point; Thence' run N.89'20'35'E..
for a distance of 426.30 feet to a point; Thence run S.CKr39'25'E. for a
distance of 20.00 feet to a point; Thence run S.89'2O'35'W.for a distance of
426.30 feet to the Point of Beginning.
EXHIBIT "A"
RESOLUTION NO. 2002-
-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA. FLORIDA. GRANTING
CONDITIONAL USE APPROVAL TO PERMIT THE
AVENTURA CHARTER ELEMENTARY SCHOOL ON A
PROPERTY WITH A BUSINESS AND OFFICE LAND USE
DESIGNATION LOCATED AT 3333 NE 188 STREET;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is proposed to be zoned CF,
Community Facility District; and
WHEREAS, the City Manager, through Application No. 04-CU-02, has requested
conditional use approval to permit the Aventura Charter Elementary School on a
property with a Business and Office land use designation; 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 No. 04-CU-02 for conditional use approval to permit
the Aventura Charter Elementary School on a property with a Business and Office land
use designation, on property located at 3333 NE 188 Street, and more specifically
described in Exhibit "A" attached, is hereby granted specific to the applicant.
Resolution No. 2002-
Page 2
Section 2. };ffective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by
, who moved
its adoption. The motion was seconded by
, and upon being
put to a vote, the vote was as follows:
Commissioner 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 March, 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
LEGAL DESCRIPTION:
A portion of the South 1/2 of Section 3. Township 52 South, Range ~2 East.
Miali-Dade County, Florida. being lore particularly described as follows:
COllence at the center of said Section 3; Thence run N. 89'50'55'11. along the
North line of the Southwest 1/4 of said Section 3 for a distance Df 670.26 feet
to the Northwest corner of the East 1/2 of the Northeast 1/4 Df the Southwest
1/~ of said Section 3; Thence run S.00'39'25'E.. alDng the Nest line Df the East
1/2 of the Northeast 1/~ Df the Southwest 1/4 of said SectiDn 3 fDr a distance
of 1107.11 feet tD a pDint; Thence run N.B9'20'35'E. for a distance at 1816.25
teet tD a point; Thence run N.OO'39'25'II. fDr a distance Dt 15.00 teet to the
PDint of Beginning at the tract at land hereinatter described; Thence continue
N.00'39'25'N. for a distance Dt 330.18 teet tD the centerline of a canal; Thence
run S.89'56'45'E. along the centerline of said canal for a distance of 426.33
feet to a point; Thence run S.00'39'25'E. along a line perpendicular tD the
NDrth Right-of-Way line at N.[ 188th. Street, for a distance at 324.89 feet to
a pDint Dn said NDrth Right-at-Way line; Thence run S.89'20'35'1I.. along the
NDrth Right-at-Nay line of N.E. 188th. Street. for a distance Df ~~30 feet tD
the Point of Beginning, LESS and EXCEPT therefrol the prDperty described in that
Right-ot-lIay Deed tD Mini-Dade County, filed February 21. 1989, in Official
RecDrds 800k 14003. at Page 2376 at the Public Records at Miali-Dade County,
Florida.
LEGAL DESCRIPTION: lLESS-OUT PARCEL FOR RIGHT-OF-WAYl
A portiDn of the South 1/2 Df Section 3, Township 52 South. Range 42 East,
Miali-Oade County. Florida. being lore particularly described as toIIDMS:
COllence at the center of sa i d Sect i on 3; Thence run N. 89' 50' 55'11. a long the
North line of the SDuthwest 1/4 of said Section 3 for a distance of 670.26 feet
tD the Northwest corner of the East 1/2 of the Northeast 1/4 Df the Southwest
1/4 at said Section 3; Thence run S.OO'39r25'E., alDng the Nest line Dt the East
1/2 of the Northeast 1/~ of the Southwest 1/~ of said Section 3 for a distance
of 1107.11 feet to a point; Thence run N.B9'2O'35'E. tor a distance of 1816.25
teet to a pDint; Thence run N.OO'39'25'N. for a distance of 15.00 feet to the
Point of Beginning Df the tract of land hereinatter described; Thence continue
N.00'39'25'W. for a distance of 20.00 feet to a point; Thence"run N.89'20'35'E.
for a distance of ~26.30 feet to a point; Thence run S.D<r39'25'E. for a
distance of 20.00 feet to a point; Thence run S.89'20'35'N.for a distance Df
426.30 feet to the Point of Beginning.
EXHIBIT "A"
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City of Aventura City Commission Meeting Date
Agenda Item No. lie
Date of Verbal Communication: lNuk/J ~ 25.2"0'- :~eJ>~ q
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Identity of Person or Entity Making Communication:
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Subject and Substance of Communication:
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Respectfu lIy,
Commissioner or Board Member
receiving communication:
Name: Patricia ROQers-Libert
"
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Filed this
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5 day of
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.
MINUTES
CITY COMMISSION MEETING
FEBRUARY 5, 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 6:41 p.m.
by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R.
Beskin, Ken Cohen, Manny Grossman, Harry HOlzberg, Vice Mayor Patricia Rogers-
Libert, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and
City Attorney David M. Wolpin. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE.
5. SPECIAL PRESENTATIONS (Taken out of order): Certificates of Recognition were
presented to Police Department Employees Jeff Burns, Frank Marion, Helen Morrison,
Ernest Long and Tom LaBombarda in honor of their nomination as LEO Award
recipients.
3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by the City Clerk.
Mayor Perlow declared his conflict of interest as he is a member of the Board of
Trustees of Aventura Hospital and Medical Center and left the room.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-144(1)(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.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Vice Mayor Rogers-Libert
opened the public hearing. The following individual(s) addressed the
Commission: Jay Miranda, Chief Operating Officer, Aventura Hospital and
Medical Center. There being no further speakers, the public hearing was closed.
A motion for approval was offered by Commissioner Holzberg, seconded by
Commissioner Cohen and passed 6-0, with Mayor Perlow out of the room and
Resolution No. 2002-06 was adopted.
B. Mr. Wolpin read the following resolution by title:
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.
Ms. Kelley explained the request of the applicant and entered the staff report into
the record. Vice Mayor Rogers-Libert opened the public hearing. The following
individual(s) addressed the Commission: Mr. Miranda. There being no further
speakers, the public hearing was closed. A motion for approval was offered by
Commissioner HOlzberg, seconded by Commissioner Grossman and passed 6-0,
with Mayor Perlow out of the room and Resolution No. 2002-07 was adopted.
Mayor Perlow returned to the room.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. CONSENT AGENDA: Commissioner Berger requested removal of item 6-D and
Commissioner Beskin requested removal of item 6-F. A motion to approve the
remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Grossman, unanimously passed and the following action was taken:
A. Minutes were approved as follows:
January 8, 2002 Commission Meeting
January 17, 2002 Commission Meeting
January 17, 2002 Workshop Meeting
B. Resolution No. 2002-08 was adopted as follows:
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.
C. Resolution No. 2002-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
2
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103.Q14
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.
E. Resolution No. 2002-10 was adopted as follows:
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.
G. Mr. Wolpin read the following ordinance by title which was passed on first
reading:
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.
H. Resolution No. 2002-11 was adopted as follows:
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.
3
I. Resolution No. 2002-12 was adopted as follows:
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.
The following items were removed from the Consent Agenda and addressed separately:
D. MOTION TO AUTHORIZE CITY MANAGER TO ADVERTISE FOR
CULTURAL CENTER FOUNDATION MEMBERS
A motion to refrain from advertising and discuss this matter further at the
February 21, 2002 Workshop Meeting was offered by Vice Mayor Rogers-
Libert, seconded by Commissioner Cohen and unanimously passed.
F. 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
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.
Mike Strader representing Charter Schools USA, addressed the
Commission. A motion for approval was offered by Vice Mayor Rogers-
Libert and seconded by Commissioner Cohen. The motion for approval
passed unanimously and Resolution No. 2002-13 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin announced this as a quasi-judicial matter and read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR THREE (3) PARCELS
4
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.
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
Grossman. Ms. Kelley and George Berlin, 1940 NE 194th Drive, North
Miami Beach, addressed the Commission. There being no further public
input, the motion for approval passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
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 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.
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 Cohen and seconded by Commissioner
Grossman. Ms. Kelley addressed the Commission. There being no public
input, the motion for approval passed unanimously by roll call vote.
5
C. Mr. Wolpin announced this as a quasi-judicial matter and read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF
LAND LOCATED AT 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.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding local Planning Agency meeting, was
offered by Vice Mayor Rogers-Libert and seconded by Commissioner
Cohen. 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
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 was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Cohen. Mayor Perlow opened the public
hearing. The following individuals addressed the Commission: Roberta
Weissman, 4000 Island Boulevard; and Nancy lee, 20448 NE 38th Court.
A motion to defer items 8A, 8B and 8D to the February 21, 2002
Workshop Meeting and March 5, 2002 Commission Meeting was offered
by Commissioner Berger and seconded by Vice Mayor Rogers-Libert.
The motion passed, 4-3, with Commissioners Cohen, Grossman and
Mayor Perlow voting no.
Mayor Perlow requested public input and the following individuals
addressed the Commission: Alfred Miller, 20191 E. Country Club Drive;
6
Michael Shapiro, 20225 NE 34th Court; Matthew Kotzin, 3601 NE 207th
Street; Nathan Streitman, 20225 NE 34th Court; and Ms. Weissman.
B. 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.
(Deferred in motion passed in 8A)
C. Mr. Wolpin read the following ordinance by title:
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.
A motion for approval was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Beskin. 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. 2002-03 was enacted.
D. 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.
(Deferred in motion passed in 8-A)
7
9. RESOLUTIONS: None.
10.0THER BUSINESS: None.
11. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr.
Bertin; Arthur Barr, 3700 Island Boulevard.
12. REPORTS: As presented.
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 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.
8
FORM 88. MEMORANDUM OF VOTING .cONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOAlID, COlJNC!L. NloUWItt!llllOM. AU'J\HOJUTJ', OR COJOl1'ITEE
OIlV~' I 'ON
THE BOARD, COUNCIL. COMMlBSlON. AlI'ntOIUTY OR OOIGOTl'BE ON
ViHlCH [SERVE ,S A UNIT OF:
lI""CITY OCOUNTY OOTHItIlLOCALAGDICY
_OFPOLI~p~81~,.
(! , r- /-tiIE.,J flJ
HJ& _ ..t.__
~"""""-41"~ C APPOIN'nVE
WHO MUST FILE FORM 88
'l'hUo form il for U.. by any person serving at the county, city. or othlr 10eaIlevII of govsrnmlnt on an appointsd or llseted board,
tINneil. c:ommiloion, authority, or committee. It applioa equally to memben of advisory and non.advioory bodi.. who are preGenled
with . voting con:flict ofintereet vna..r s.etian. 112.3143. Florida Statutaa.
Your rtoponsibilitis. under the law whon fscad with voting on a ",easure in which you blow .. eonfIiet of interest will vary greatly
depending on whether you hold an .1Htive 01" appointive position. For this reNOf\, pleale pay doee attention to the in6tructionlJ on
this form before comploting tho revlroo side and filing tho fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
A penon holding elective or appointive county, municipal, or other loce.l public office MUST ABSTAIN from voting on a MOA&U'lO
which inures to hi. or her speeiaJ private gain or loss. Each .10ct0d or appai.nted loeal office!' also i'll prohibited from knowingly voan&,
on a mo..url which inu.... to tho .pociaIsmn or 1000 of a prineipal (other than a govemmant aeency) by whom he or .he i. reteined
(including th. parent orpnization or aublhtiary 01. eorporate prindpaJ by which he or .he i. retained); to the speaal private gain or
\0" or a nlaeiw; or to the lpeelal privats pin or 1000 or a buano.. ..ooc:iate. Commissionan of community redovelopmlnt .,...cio.
under Sse. 163.356 or 163.361. F .8.. and offietrnl or indepsndent epseiallall cli8triets elected on a............ ono-vota buio are n<lt pro-
hibited from ....ling in that capacity.
Par pU1"pOMtl of thi. law. a -n\ative- inelude. only the otIieerl father. mother, IJOn, daucbtAlr. husb&nd. wife, brothel', 8i.tar. father-
in-law, mother-in-law, aon-in-law, and c!aulbter-ln-!aw. A"bwIi-. _loa"......". any pe.-. or a"City onpced in or carrying on
a bullneu enterprlaa with tho ofticer AI a partnar, joint wntur",. eoownsr or property, or eorponlAl ohareholder (where the .harl. of
the carpomlion are DOt liated on any national or,...;onal lItoek oxdum(e).
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ELECTED OFFICERS:
In addilion to abstainillg fi'om ....ting in the oiluationl described abov.. y.... ",ullt c1ieclOBe the eonfIiet:
PRIOR TO THE VOTE BEING TAKEN by publicly ote.tlng to the ..........b1y tbe nature or your interest in the measure on
whieb you .... abataininslTom valine; and
WITHIN 16 DAYS AFTER THE VorE OCCURS by .....p1.~ and filing this form with the penon ....ponsibls for .......c1ing
tho minutetl or tho IftMting. who should I_jIOnlts tho form In the m1nu_.
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APPOIN'mD OPFICEBS:
You muat abstain from votin,and c1iaeloos the eonfliet in tho IIitualiono delClibed above and in the manner deoeribed fM .leetad om.
...... In orcIsr to participats in th_ IIlUton, you mu.t c1ioc1ooo the nature oCthl eonfIiet before maldng any attempt k> influence tho
cIeeioion, whether orally or In writing and whether made by you or at your c1irsetion.
IF YOU INTEND TO MAKE ANY ATTEMPl' TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKEN:
. You must eomplots and file thi. form (boforo making any aUampt to inftuen.. the decillion) with the pereon responsible for
reeording the minutea of the meeting, who will incorporate the fonn ip the minu.tes.
. A eopy or thl form mutt bs provlcled IlIUDIcIiately to thl other mcmbero or the agency.
. Tho form must be read publiely at thl noxt mseting aftar the form ie filed.
ce FORM 88. REV. 1195
PAGE 1
IF YOU MAKE NO ATl'EMPl'TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING,
. You muat dioeIooe ..-.1ly tlM nature of your c:onl1ict in the _un before pld'tieipating.
. You must complete the Conn and. fit. it within 16 days e.ft.or the vote occun: with the penon respomrible for raem-ding the
minutelr of the lftMIti"8", who muat. inearporate the form in the minutes. A mpy of the fonn m\l8t be provided immediately to the
other memben o(the aeeney, and tile fonn muet be read publicly at u.. next meeting.fter the fom> ia fitod.
DiSClOSURE OF LOCAl. OFFICER'S INTEREST
I. J'Ef1::RE1/ fYI. P€R.l..OW
h..eby diael.,.. that on
~-s-
192002,
(0) A meaeure CIIIIl4l or will come ber_ my ,,<<"Rer which (eheck one)
inured co my opeclal privet<! pin or I,,",,;
inured to the lIpOCial pin or 1088 eX my businoss asaoaata,
inund to the BpeCial gain or los, o(",y nllative,
inured to the epeciel gain or 1_ af
whom I am retained; 01"
inured CO the opeeial pin ....1_ of
is the parent ~tion or wbeiGiary of a principal whieh has retained me.
(b) The meu\lre before my agency ud the nature of my ronflicting intero8t in dle measure is as follow,:
by
. which
A66).I()A- f1;a~S sl1 ~ 3JS
j; A('(\ fl- {Y)E:Tlt,E1<. 0 ~ -rtk; :BoA~~ C:, F 7Ri.JSTe:eS
CF A-v~-u7U~fl flosNT1'lL AtJo rn,;:(jtCA-,- C€"/lJT~R.(
-rtf-IE- APP'--Ic.f+tJT
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Date Filed
lure
NanCE: UNDER PROVISIONS OF FLOBIDA STATUrES 1112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO-
SURE CONSTlTUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING,
D(pEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY, REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000.
CE FORM 88. REV. 1/95
PAGE 2
~
.
MINUTES
COMMISSION WORKSHOP MEETING
FEBRUARY 21, 2002 9 AM
Aventura Government Center
19200 w. COuntry Club Drive
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry
Holzberg, Vice Mayor Patricia Rogers-Libert, Mayor Perlow, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
1. NE 1SSTH STREET RE-ZONING/PEDESTRIAN PROMENADE: City Administration
recommended that Commission revise the current zoning regulations for NE 188lh
Street to include an incentive program to facilitate the construction of a pedestrian
promenade along the shoreline. The following members of the public addressed the
Commission: Stanley Price, Esq., Bard Brenner, Sunny Isles Beach, Bob Weinrub,
Nancy Lee, 20448 NE 34 Court and Lewis Manfos, Hollywood Beach Realty.
Community Development Director Brenda Kelley addressed concerns of the
Commission.
CITY MANAGER SUMMARY: Consensus to accept City Administration
recommendation as presented with an amendment to increase height limitations up
to 7 stories or 90' and require underground parking.
2. FOUNDERS PARK GAZEBO BANDSTAND: City Manager recommended not to
proceed with the Founders Park Gazebo Bandstand project due to the expense of
construction for a facility of limited use potential due to the present use of the area
as a dog park.
CITY MANAGER'S SUMMARY: Consensus not to proceed with the Bandstand
project.
3. CULTURAL CENTER FOUNDATION MEMBERS: In lieu of advertising for
soliciting members to the Foundation as previously discussed, Commissioner Berger
introduced Aventura resident Lenore Toby-Simmons who suggested that
Commission appointees meet to discuss the membership criteria and make
recommendations for additional members to be appointed to the Foundation.
CITY MANAGER'S SUMMARY: Consensus to invite the following individuals to the
March Workshop meeting to discuss appointment to the Foundation: Janet Laine,
Lenore Toby-Simmons (Commissioner Berger), Don Gustin, Barbara Jonas,
(Commissioner Beskin), Efraim Weinberg (Commissioner Cohen), Alan and/or
Diane Lieberman, Kathy Glist (Mayor Perlow) and Amit Bloom
(Commissioner Holzberg).
4. CONE OF SILENCE/BID PROTEST PROCEDURE: City Administration
recommended that the Commission opt out of the County's Cone of Silence
requirements, adopt City Cone of Silence ordinance and in addition, establish
procedures for resolving bid protests.
CITY MANAGER'S SUMMARY: Consensus to proceed with ordinances as
proposed, with amendment to bid protest resolution to provide for additional
information to be provided to Commission in the event of a protest.
5. CITY INFORMATIONAL MEETINGS WITH CONDOS: (Mayor Perlow) Mayor
Perlow requested that letters be sent out to condominium boards/homeowners
associations offering a program to be presented to each property by the Mayor and
City Manager providing City update and a venue to address citizen questions and
concerns.
CITY MANAGER'S SUMMARY: Consensus to proceed.
6. BillBOARDS: The City Manager advised the Commission of concerns expressed
by the owners of 2 billboards contending that the City landscaping blocks the view of
the billboard advertisement. The owners have requested that the City provide an
increase in the height limitation of the billboard on US Highway 1 east of NE 203rd
Street (#) in exchange for their removal of 2 billboards west of NE 203rd Street (#2),
and Biscayne BO and NW 192 St. (3)
CITY MANAGER'S SUMMARY: Consensus to request that owners remove #1 and
#6 and permit increase in height of #2 provided that no legal action be taken against
the City on landscaping near billboards on Biscayne Boulevard.
City Manager advised Commission of a request from Highland Oaks Middle School for a
monetary donation as a part of their celebration for completion of FCA T exams and to
promote school pride and spirit. Consensus not to proceed.
ADJOURNMENT: There being no further business to come before the Commission at
is time, atter motion made, seconded and unanimously passed, the meeting adjourned
at 12:45 p.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
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Resolution Authorizing Grant Application for Traffic Enforcement
Projects
March 5, 2002 City Commission Meeting Agenda Item ~B
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the City to file a grant application with FOOT for traffic enforcement projects.
The funds would be used to install intersection cameras, video monitoring systems,
reader boards and other related projects.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01053-02
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO FILE A GRANT APPLICATION WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR
TRAFFIC ENFORCEMENT PROJECTS RELATIVE TO
INTERSECTION CAMERAS, VIDEO MONITORING
SYSTEM, AND READER BOARDS; 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 file a grant application
with the Florida Department of Transportation for traffic enforcement projects relative to
intersection cameras, video monitoring systems and reader boards.
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 March, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF A VENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
rt Services Director
BY:
DATE:
February 27, 2002
SUBJECT: Resolution Authorizing Reimbursement of Various Costs from the 2002
Financing
March 5, 2002, Agenda Item b-e-
Recommendation
It is recommended that the City Commission adopt the attached resolution which authorizes
the City to reimburse expenses relating to projects to be funded from the 2002 financing but
which have to be paid prior to closing on the financing.
Backaround
As you are aware, I have been working with our bond counsel (Nabors, Giblin & Nickerson)
and financial advisor (Dane Rauscher) on the preliminary phases of the 2002 financing
program. The projects requiring financing total approximately $13.6 million:
1. Charter School land Acquisition $4.6 million
2. Charter School Construction $6 million,
3. Balance of Community Rec. Center $900,000
4. Stormwater Improvements of $2.1 million
The first three items were approved for financing at the January workshop and the 4th item
was included in the 2001/02 budget.
The actual financing will take a couple of months to finalize and will be brought back to the
City Commission for approval. However, some portions of these projects need to be paid
prior to closing on the financing. The most significant of these is the land acquisition for the
charter school which, by agreement, had to be paid by March 1st. Since Treasury
Regulations allow reimbursement of hard costs (like the actual purchase of land or payments
to contractors for construction activity) for only 60 days prior to the closing date of a financing,
we would have been forced to complete and close on the financing prior to April 30th This
resolution, which is virtually standard practice in all financings, allows us to take the time to
properly explore alternatives and to arrange for financing at the best rates and terms without
being restricted by the 60 day reimbursement rule.
Based on the foregoing, I recommend approval of the resolution.
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA REGARDING
REIMBURSEMENT OF CERTAIN COSTS RELATING TO
THE ACQUISITION, CONSTRUCTION AND EQUIPPING
OF VARIOUS CAPITAL IMPROVEMENTS WITHIN THE
CITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, Florida (the "City") has incurred and/or will
incur various costs in relation to the acquisition, construction and equipping of
various capital improvements within the City; and
WHEREAS, the City has determined it is in its best interest to reimburse such
costs from proceeds of tax-exempt debt; and
WHEREAS, the United States Department of Treasury has issued various
regulations in regard to reimbursement of governmental costs through the issuance
of tax-exempt debt;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA:
SECTION 1. It is the intent of the City to reimburse various costs and
expenditures relating to the acquisition, construction and equipping of various capital
improvements within the City as generally described in Exhibit A hereto. The City
has paid for, and/or reasonably anticipates that it will pay for, such costs and
expenditures from moneys on deposit in the general fund and stormwater utility fund
of the City. It is reasonably expected that reimbursement of such costs and
expenditures shall come from the issuance of tax-exempt debt which is not expected
to exceed $15,000,000 aggregate principal amount. It is currently the intention of
the City to principally secure such tax-exempt debt by a covenant to budget and
appropriate legally available non-ad valorem revenues ofthe City. The expenditures
to be reimbursed shall be consistent with the City's budgetary and financial policy as
being the type of expenditures which shall be paid on a long-term basis.
SECTION 2. The City shall comply with all applicable law in regard to the
public availability of records of official acts by public entities such as the City,
including making this Resolution available for public inspection.
Resolution No. 2002-_
Page 2
SECTION 3. It is the intent of the City that the purpose of this Resolution
is to meet the requirements of Treasury Regulations Section 1.150-2 and to be a
declaration of official intent under such Section.
SECTION 4.
adoption.
This Resolution shall take effect immediately upon its
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 MARCH, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No. 2002-_
Page 3
EXHIBIT A
CAPITAL IMPROVEMENTS
1. Acquisition, construction and equipping of an approximately 44,000 square
foot K-5 charter elementary school, including acquisition of the site thereon.
2. Completion of the construction and equipping of an approximately 25,000
square foot Community/Recreation center.
3. Acquisition, construction and equipping of various stormwater utility
improvements within Biscayne Lake Gardens area and N.E. 188th Street.
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
City Commission
DATE:
February 21, 2002
SUBJECT: Proposed Ordinance Estab ing Procedures for Resolving
Bid Protests
March 5, 2002 City Commission Meeting Agenda Item !1...A
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
establishes procedures for resolving bid protests. The revisions requested at the
February Workshop Meeting are included in the proposed Ordinance.
BACKGROUND
The City Commission previously requested the City Administration to investigated the
possibility of establishing procedures for bid protests. This was raised at the time the
RFP for the Charter School Management Company was awarded.
It is the intent of the Ordinance that all procedural and technical issues related to bids,
RFPs, RFQs and contract awards be decided by the City Manager and the City
Attorney upon written receipt of a protest. All bidders will be notified following the
release of the City Manager's written recommendation. At which time a bidder may file
a protest.
At the time the City Manager's recommendation is presented at a Meeting, the City
Attorney will advise the City Commission of any legal issues relative to any bid protest
filed in connection wit the bid in question.
EMS/aca
CC01051-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING PROCEDURES FOR RESOLVING PROTESTS
CONCERNING BIDS (BIDS), REQUEST FOR PROPOSALS
(RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST
FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE
ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF
AVENTURA ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE IV ENTITLED "FINANCE" DIVISION 3 ENTITLED
"PURCHASING"; BY CREATING SECTION 2-259 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services
through Invitation for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, in accordance with the public bidding procedures set forth in Florida
law and the Code of the City of Aventura (the "City Code"); and
WHEREAS, such process may lead to protested bids and proposed
awards; and
WHEREAS, it is the intent of the City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests
for Qualifications, Requests for Letters of Interest, and purchase orders based on
written or oral quotations, be decided by the City Manager and the City Attorney,
and that their determinations with respect to said procedural and technical issues
shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to
Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, to have a clear and unequivocal procedure for resolving such
protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA, as follows:
Section 1. There is hereby created and added to Article IV "Finance"
Division 3 "Purchasing" of Chapter 2 "Administration" of the City Code a new
Section 2-259 "Authority to Resolve Protested Bids and Proposed Awards",
which shall read as follows:
Ordinance No. 2002-_
Page 2
Section 2-259. Authority to Resolve Protested Bids and Proposed Awards.
(a) Right to Protest. Any actual bidder, or qualified proposer
(hereinafter collectively referred to as the "bidder") who has a substantial
interest in, and is aggrieved in connection with the solicitation or proposed
award of, a request for proposals ("RFP"), request for qualifications
("RFQ'), request for letters of interest ("RFU') or invitation for bid for goods
and/or services ("hereinafter, collectively referred to as the bid") may
protest to the City Manager or his or her designee. Protests arising from
the decisions and votes of any evaluation or selection committee shall be
limited to protests based upon alleged deviation(s) from established
purchasing procedures set forth in this Code, any written guidelines issued
by the City, and the specifications, requirements and/or terms set forth in
any bid. This section shall not be applicable if the bid specifications
expressly so state.
(1) Any protest concerning the bid specification
requirements, and/or terms must be made within three
business days (for the purposes of this ordinance, "business
day" means a day other than Saturday, Sunday or a national
holiday), from the time the facts become known and, in any
case, at least two business days prior to the opening of the
bids. Such protest must be made in writing to the City
Manager or his or her designee, and such protest shall state
the particular grounds on which it is based and shall include
all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this
section. Failure to timely protest bid specifications,
requirements and/or terms is a waiver of the ability to protest
the specifications, requirements and/or terms.
(2) Any protest after the bid opening, including
challenges to actions of any evaluation or selection
committee as provided in subsection (a) above, shall
be submitted in writing to the City Manager, or his or
her designee. The City will allow such bid protest to
be submitted anytime until two (2) business days
following the release of the City Manager's written
recommendation to the City Commission, as same is
set forth and released in the City Commission agenda
packet, for award of the bid in question. Such protest
shall state the particular grounds on which it is based
and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. All
Ordinance No. 2002-_
Page 3
actual bidders shall be notified in writing (which may
be transmitted by electronic communication, such as
facsimile transmission and/or e-mail), following the
release of the City Manager's written recommendation
to the City Commission
(3) Any bidder who is aggrieved in connection with the
solicitation or proposed award of a purchase order
based on an oral or written quotation may protest to
the City Manager or his or her designee anytime
during the procurement process, up to the time of the
award of the purchase order, but not after such time.
Such protest shall be made in writing and state the
particular grounds on which it is based and shall
include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the
requirements of this section.
(4) The City may require reasonable reimbursement for
expenses incurred in processing any protest
hereunder, which expenses shall include, but not be
limited to, staff time, legal fees and expenses
(including expert witness fees), reproduction of
documents and other out-of-pocket expenses.
(b) Authority to Resolve Protests. The City Manager or his or her
designee shall have the authority to settle and resolve a protest
concerning the solicitation or award of a bid.
(c) Responsiveness. Prior to any decision being rendered under this
Ordinance with respect to a bid protest, the City Manager and the City
Attorney, or their respective designees, shall certify whether the
submission of the bidder to the bid in question is responsive. The parties
to the protest shall be bound by the determination of the City Manager and
the City Attorney with regard to the issue of responsiveness. Further, the
determination of the City Manager and the City Attorney with regard to all
procedural and technical matters shall be final.
(d) Decision and Appeal Procedures. If the bid protest is not resolved
by mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may seek judicial review of said decision by filing an original
Ordinance No. 2002-_
Page 4
action against City in the Circuit Court of the Eleventh Judicial Circuit in
and for Miami-Dade County, Florida, within thirty (30) days of the decision
in accordance with the applicable court rules. Any action not brought in
good faith shall be subject to sanctions including damages suffered by the
City and attorney's fees incurred by the City in defense of such wrongful
action. This paragraph shall not waive standing requirements which are
otherwise provided by law.
(e) Distribution. A copy of each decision by the City Manager and the
City Attorney shall be mailed or otherwise furnished promptly to the
protestor.
(f) Stay of Procurements During Protests. In the event of a timely
protest under paragraph (a) of this section, the City shall not
proceed further with the solicitation or with the award pursuant to
such bid until a decision is issued under paragraph (e) above,
unless a written determination is made by the City Manager, that
the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
(g) Remedy. The institution and filing of a protest under this Code is
an administrative remedy that shall be employed prior to the
institution and filing of any civil action against the City concerning
the subject matter of the protest.
(h) Protests Barred. Protests not timely made under this section shall
be barred. Any basis or ground for a protest not set forth in the
letter of protest required under this section shall be deemed
waived.
(i) Report. At the time the City Manager's written recommendation for
award of a bid is presented at a meeting of the Mayor and City
Commission, the City Attorney, or his or her designee, shall
present a report to inform the Mayor and City Commission of any
legal issues relative to any bid protest filed in connection with the
bid in question. The Commission agenda item concerning a
proposed bid award, for which there is any unresolved protest, shall
include the written protest, documentary materials which reflect the
issues involved in the protest, all bids submitted, and any other
materials which the City Manager finds will enable the Commission
to be fully informed on the matter.
0) Finality. The determination of the City Manager and the City
Attorney with regard to all procedural and technical matters shall be
final.
Ordinance No. 2002-_
Page 5
(k) No waiver. Nothing in this section shall waive City's sovereign
immunity pursuant to section 768.28, F.S.
Section 2. Severability. The provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall
for any reason be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, sentences, clauses, and phrases of this
Ordinance but they shall remain in effect, it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Aventura; that the sections
of this Ordinance may be renumbered or relettered to accomplish such
intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 4. Effective Date. This ordinance shall take effect immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on first reading. The
motion was seconded by Commissioner ,and, upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner 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. The motion
Ordinance No. 2002-_
Page 6
was seconded by Commissioner
put to a vote, the vote was as follows:
, and, upon being
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 March, 2002.
PASSED AND ADOPTED on second reading this 2nd day of April, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: February 21, 200
TO: City Commission
FROM:
SUBJECT: Proposed Cone of Silence Ordinance
March 5, 2002 City Commission Meeting Agenda Item :1.B
RECOMMENDATION
It is recommended that the City Commission opt out of the Miami-Dade County Cone of
Silence requirements and establish the City's own Cone of Silence requirements. The
Ordinance continues the theme established by the City Commission to ensure that
purchasing transactions are awarded based on merit and seeks to reduce outside
influences on the process. We are fortunate that we have not experienced abuses that
the County has in years past. However, in order to be proactive, it is important to
consider the Ordinance.
BACKGROUND
Section 2-11.1 (t) of Miami-Dade County Code establishes the "Cone of Silence"
requirements, as it relates to procurement processes such as Request for Proposal
(RFP), Request for Qualifications (RFQ) and Invitation to Submit Qualifications (ISQ).
Simply stated, the Cone of Silence restricts communications between the bidder or
proposer and the City staff and Commission during the period of time that the notice is
issued and the recommendation is issued. The purpose of this County Ordinance was
to eliminate any undue influence or lobbying while the purchasing process was in effect
and before a recommendation was made by the County Manager.
County Ordinance allows cities to opt out of Section 2-11.1 (t). Although I agree in
concept with the Cone of Silence, it is my opinion that the County requirements in some
Memo to City Commission
Page 2
cases are too cumbersome and in other cases do not go far enough to address the
issue. For this reason, the City Attorney and I have drafted a new Ordinance tailored to
meet our needs and better address the issues.
The proposed Ordinance seeks to accomplish the following:
1. Streamline the process.
2. Allows the City Commission to interact with staff regarding purchasing
transactions recommendations that appear on the Commission Agenda.
3. Prohibits the City Commission, City Manager and staff from
communicating with a potential vendor during the time the Cone of
Silence is in effect.
4. Allows communication between the potential vendor and the City's
Purchasing Agent or City employee designated for administering the
procurement process, provided the communication is limited to matters of
procedure.
5. Provides for reasonable exceptions that ensure that the playing field is
level for all bidders.
6. The Cone of Silence is imposed at the time the item is advertised and
terminates at the beginning of the City Commission Meeting at which the
item will be considered.
EMS/aca
Attachment
CC01050-02
ORDINANCE NO. 2002 -_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CITY TO OPT OUT OF AND EXEMPT
ITSELF FROM THE REQUIREMENTS OF SECTION 2-
11.1(T) OF THE MIAMI-DADE COUNTY CODE
CONCERNING CONE OF SILENCE REQUIREMENTS
RELATED TO PURCHASING TRANSACTIONS; AMENDING
THE CITY CODE BY ADOPTING SECTION 2-260 "CONE
OF SILENCE" OF CHAPTER 2 "ADMINISTRATION,"
PROVIDING CITY'S CONE OF SILENCE REQUIREMENTS
RELATED TO COMMUNICATIONS WITH THE CITY
DURING PURCHASING TRANSACTIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida,
has recently adopted an amendment to Section 2-11.1 (t) of the Miami-Dade County
Code (the "County Code"), so as to remove any question of municipal autonomy in
purchasing transactions, and to enable municipalities to opt out of and exempt
themselves from the requirements of Section 2-11.1 (t) "Cone of Silence" of the County
Code; and
WHEREAS, the City Commission finds that any necessary restrictions upon
bidder or proposer communications with the City during the competitive bidding or
proposal process related to purchasing transactions may be provided by municipal
ordinance and by including appropriate provisions within the specifications for the
purchasing transaction, rather than being mandated by a County ordinance which is not
tailored to meet local concerns and procedures.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Ordinance No. 2002-_
Page 2
Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed
and adopted.
Section 2. Oot Out Invoked. It is hereby provided that the provisions of
Section 2-11.1 (t) "Cone of Silence," of the Miami-Dade County Code shall not apply to
the City of Aventura. This opt out provision shall prevail over any conflicting City
Ordinance.
Section 3. Citv Code Amended. That the City Code of the City of Aventura is
hereby amended by creating Section 2-260 "Cone of Silence" of Chapter 2
"Administration" to read as follows:
Section 2-260. Cone of Silence.
(a) Definitions. "Cone of Silence", as used herein, means a
prohibition on any communication regarding a particular
Request for Proposal ("RFP"), Request for Qualification ("RFQ")
or bid, between:
a potential vendor, service provider, proposer, bidder,
lobbyist, or consultant, and:
the City Commissioners, City's professional staff including,
but not limited to, the City Manager and his or her staff, any
member of the City's selection or evaluation committee.
(b) Restriction; Notice. A Cone of Silence shall be imposed upon
each RFP, RFQ and bid after the advertisement of said RFP,
RFQ or bid. At the time of imposition of the Cone of Silenye, the
City Manager or his or her designee shall provide for public
notice of the Cone of Silence by posting a notice at the City Hall.
The City Manager shall issue a written notice thereof to the
affected departments, file a copy of such notice with the City
Clerk, with a copy thereof to each City Commissioner, and shall
include in any public solicitation for goods or services a
statement disclosing the requirements of this section.
(c) Termination of Cone of Silence. The Cone of Silence shall
terminate at the beginning of the City Commission meeting at
which the City Manager makes his or her written
recommendation to the City Commission. However, if the City
2
Ordinance No. 2002-_
Page 3
Commission refers the Manager's recommendation back to the
Manager or staff for further review, the Cone of Silence shall be
reimposed until such time as the Manager makes a subsequent
written recommendation.
(d) Exceptions To Applicability. The provisions of this section
shall not apply to:
(1) oral communications at pre-bid conferences;
(2) oral presentations before selection or evaluation
committees;
(3) public presentations made to the City Commissioners
during any duly noticed public meeting;
(4) communications in writing at any time with any City
employee, unless specifically prohibited by the
applicable RFP, RFQ or bid documents. The bidder or
proposer shall file a copy of any written communication
with the City Clerk. The City Clerk shall make copies
available to any person upon request;
(5) communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP,
RFQ or bid, provided the communication is limited
strictly to matters of process or procedure already
contained in the corresponding solicitation document;
(6) communications with the City Attorney and his or her
staff;
(7) duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City
Manager makes his or her written recommendation;
(8) any emergency procurement of goods or services
pursuant to City Code;
(9) responses to the City's request for clarification or
additional information;
(10) contract negotiations during any duly noticed public
meeting;
(11) communications to enable City staff to seek and obtain
industry comment or perform market research,
provided all communications related thereto between a
potential vendor, service provider, proposer, bidder,
lobbyist, or consultant and any member of the City's
professional staff including, but not limited to, the City
3
Ordinance No. 2002-_
Page 4
Manager and his or her staff are in writing or are made
at a duly noticed public meeting.
(e) Penalties. Violation of this section by a particular bidder or
proposer shall render any RFP award, RFQ award or bid award
to said bidder or proposer voidable by the City Commission. Any
person who violates a provision of this section may be
prohibited from serving on a City selection or evaluation
committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may
subject said employee to disciplinary action.
Section 4. Severabilitv. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to 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 5. 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 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 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Section 7. Notification. That the City Clerk shall provide a copy of this
Ordinance to the Miami-Dade County Ethics Commission.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first reading. The motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
4
Ordinance No. 2002-_
Page 5
The foregoing Ordinance was offered by Commissioner
, who moved
its adoption on second reading. The motion was seconded by Commissioner
,and, upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner 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 March, 2002.
PASSED AND ADOPTED on second reading this 2nd day of April, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
r
velopment Dire~
TO: City Commission
FROM:
Brenda Kelley, C
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 Agend~ Item ....!1lr.
February 5, 2002 City Commission Meeting Agenda Item --1.it
March 5, 2002 City Commission Meeting Agenda Item
2> A-
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 !':IE 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 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 shes 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
Pooulation
3016 NE 188 St 0.645 ac 10 dulac 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.
Vehicle Trips AM Peak PM Peak
oer Dav
NE 188 Street Generation 1,101 130 142
Existino Trios
5
Zoning Category
Vehicle Trips per Day
10,743
44,675
4,290
Total 6.03 acres Vehicle Trips AM Peak PM Peak
(Comm. Rec. Facility and per Day
Charter Elem. school sites)
Community Recreation Facility 1,102 204 196
and Charter Elementary School
IU-2 (MDC industrial zoninQ) 3,667 484 516
OP and CF existina Citv zonina 3,848 584 485
Part of the Larger Plan - As previously discussed in this report, the City Commission
has reviewed the overall concept and future of this area of the City, including the
Loehmann's area, the City's proposed Community Recreation Facility and adjacent
school site, and all surrounding properties. The City Commission has determined that
the proposed residential uses are an integral part in providing support and vitality to the
proposed mixed-use, town center development to the west of NE 188 Street. It was
determined by the City's consultants that the existing zoning on these properties (TC-2)
provided for retail and office uses that may not have been economically feasible, and in
fact, may have spread these commercial uses into areas that could not support the
intensity and location.
School - The City is proceeding with construction and management of a charter
elementary school on the north side of NE 188 Street, east of the proposed
amendments area. The proposed residential uses on this street support the need for
an elementary school and actually provide much more compatible uses for the school
versus the existing commercial and marine uses presently allowed on the street.
Furthermore, the anticipated decrease in traffic generation through reduced vehicle
trips per day provides for much more compatible uses and significant impact on
increased traffic safety on the street.
Istaff reportslO3-REZ-01 rezoning NE 188 St SCD3
6
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ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR 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 pursuantto 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 Vice Mayor Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Commissioner Grossman,
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 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
-
11
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NE 190TH ST
.
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EXHIBIT "An
'f#,f
CITY OF A VENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM:
Eric M. Soroka, City
r
evelopment Dire~
BY:
DATE: January 23,2002
SUBJECT: Clean-up amendments to the City's Land Development Regulations.
(01-LDR-02)
February 5, 2002 Local Planning Agency Agenda Item Lj B
February 5, 2002 City Commission Meeting Agenda Item 1tj.
March 5, 2002 City Commission Meeting Agenda Item ....2..f2
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 LDR:
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.
.!;",e'- ,
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 LOR.
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. !;istaslisRffisnts priffiarily en!i)a€led in
providin€l services as opposos te products to im:Jividl.lals shall also so consiserod 3
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 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
1 Underlined provisions constitute proposed additions to existing text; stFiakeR IAre~!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 and/or 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(9)...
(see Exhibit #3)
(10) Parkino Structure Wall Sions.
Approval necessary:
Citv Manaoer
Type:
Reverse or channelletler sion only.
Number (maximum):
One per entrance and exit drive
Location:
Sion to be located immediately
above or adiacent to entrance or
exit drive.
Sion area (maximum):
Where the face of the structure
elevation is setback from the
rioht-of-way less than 100':
eioht souare feet
Where the face of the structure
elevation is setback from the
rioht-of-way more than 100':
twelve souare feet
3
Illumination:
Reverse or channel letters or
external illumination. provided
external illumination does not cast a
alare on an adiacent residentiallv
zoned property.
Directional sians without advertisina throuahout the parkino 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 desian dimensions. materials. auantitv and location of all outdoor
accessorv 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 any merchandise shall be permitted. includina but
not limited to vendino machines and public telephones unless approved bv the
Community Development Director or pursuant to other requirements in the City
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 con6tructeEl at, or above, the minimldR'l floor elevation specified in the
FeEleral FlooElln6ldranee Rate Maps for :\>/entura, or as speeifieEl in the MiaR'li
Dade County Code, whichever i6 higher elevated no lower than one foot above
base flood elevation or 18 inches above the hiahest point of the adjacent 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-LDR-02 amend LDR mise
5
~ 31-21
AVENTURA CODE
Plot. See Lat.
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 vehide 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-of-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
One space per 200 square feet gross oor
area.
One space per 500 square
area.
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.
ce per 150 square feet gross floor
Liquor store, package stores
Marine supplies
00 square feet gross floor
pool supplies
area.
One space per 250 square feet gro
area.
(12) Non-residential: Leirge Shopping Centers.
Supp. No.4
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.
CD31:117
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.
Places of worship: One parking space per four seats in the largest asse
b. king for passengers of cruise boats, charter boats, water tax'
per s t capacity of boats served.
y area.
(14)
a. Uses not specifica mentioned: The requir ents for off-street parking for any
uses not specifically ed in this sec' shall be the same as provided in this
section for the use mos imil 0 the one sought, as determined by the
Community Development D"
b. Fractional spaces: Wh units or mea ements determining number of required
off-street parkin paces result in reqw ent of fractional space, any such
fraction equ 0 or greater than one-half sh quire a full off-street parking
space.
c. M' uses: In the case of mixed uses, the total requir ents for
arking shall be the sum of the requirements of the various es
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:
Number:
City Manager.
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:
7 5 square feet.
Nine feet.
Height:
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 AVENTIJRA 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:
Number (maximum):
City Manager.
One per elevation.
Sign area (maximum):
One square feet for each one lineal feet
of elevation frontage.
11-1 SH 1" \-\ ~lLE-
'>
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:
Number (maximum):
City Manager.
One per project.
City Manager.
One per establishment per
calendar year in a multi-
tenant center.
Sign area (maximum):
30 square feet.
Four feet.
30 square feet.
Four feet.
Sign height (maximum):
Length of display:
14 consecutive days after
issuance of initial occupa-
tional license.
14 consecutive days after
issuance of initial occupa-
tional license.
Supp. No.4
CD31:140
~ 31-233
AVENTURA CODE
(b) estrian orientation. All non-residential and multifamily developmen
ute to the crea . f a pedestrian oriented community by providing t 0 owing:
(1)
(2) Street level architectural treatme ing colonnades, arcades, awnings, and other
shade producing elements uld be provide all pedestrian-oriented frontages;
and
(3) Pedes oriented frontages shall be adjacent to building entrance
adjacent properties.
integrated
(c) Minimum 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 of the 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 alternative
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.
J~Sff(.\
H~(
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. Pedestrianlbicycle paths incorporated into a plan shall have
six feet of pavenient 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 requir is sec 1 s used in this section shall have
the definiti e Illuminating Engineers Society. Lighting sh 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) Stormwater 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 spe<:ified 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:
Pol/utant:
Biological oxygen demand (BOD)
Chemical oxygen demand (COD)
Total suspended solids (TSS)
Total dissolved solids (TDS)
Total ammonia-nitrogen and organic
ammonia
Total nitrate (Nox-N) 0.68 mg/1
Total phosphate (TP04) 0.33 mg/1
Dissolved phosphate (DP04) Not available
Cadmium (Cd) 0.0023 mg/1
Copper (Cu) 0.0258 mg/1
Lead (Pb) 0.0102 mg/1
Zinc (Zn) 0231 mg/1
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 t~o
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.
9 mgll
65 mg/1
40 mgll
1,000 mg/1
1.5 mg/1
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!lerson, or corporation wh owingly breaches any provision of this
article shall upon receipt of written tice fro -the 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 s~onger . e as the City may specify, shall result in
revocation of any permit or lice~ and the City sn seek any remedy or damages to the full
extent of the law. This sh,n6t preclude other penaltl allowed by law.
(n) Prouisians of ~~ article to control. Notwithstanding contrary provisions of the
City's Code of Ordinances, including the City's LDRs, the provisl of this section shall
/
control.
(Ord. No
cs. 31.242-31.270. IWserved.
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
nonconfonnities 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(Exh. A, ~ 1203), 7-13-99)
Sec. 31-274. Change of use.
A nonconforming use may be changed to a permitted 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(Exh. 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
maintenancel" in accordance with the criteria that su~h 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 permit is secured and reconstruction is started within 365
days from the date ofthe-damage, and such reconstruction is diligently pursued to completion
prior to the expiration of building permits.
(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 gr.eater 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
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. Establishments primarily
OA!la!leEl iA f'lFEl\'iding services os opposed to pFOSl,jstS to iAEliviEll,jals sRall alGo be
cOAsi(;teree a retaill;lso.
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)...
1 Underlined provisions constitute proposed additions to existing text; striskeR tRr9~llR provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 3
(12) Non-residential: Large Shopping Centers and/or Mixed-Use Develooments.
a. Shopping centers over 40,000 square feet...
b. Shopping centers and/or Mixed-Use Develooments 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 Develooments 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 and/or Mixed-Use Develooments 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 Develooment.
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.
Aooroval necessary:
City Manaaer
Tyoe:
Reverse or channel letter sian
only.
Number (maximum):
One oer entrance and exit drive
Location:
Sian to be located immediately
aboye or adjacent to entrance or
Ordinance No. 2002 -
Page 4
exit drive.
Sian area (maximum):
Where the face of the structure
elevation is setback from the
riaht-of-way less than 100':
eiaht sauare feet
Where the face of the structure
elevation is setback from the
riaht-of-way 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
residentially zoned property.
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. auantity and location of all outdoor
accessory features. includina but not limited to security 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 any merchandise shall be permitted. includina
but not limited to sales from vendina machines unless approved by the
Ordinance No. 2002 -
Page 5
Community Development Director or pursuant to other requirements in the
City Code.
j. The location of public telephones must be submitted to and approved bv the
Community Development Director.
k. The decision of the Community Development Director pursuant to h.. and L.
above, will be based upon findinas of compatibilitv. safetv and screenina from
view of the public riaht-of-wav: and as to i., above will be based upon findinas
of compatibilitv and safety.
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 GOnstFLlsteEl at, or oseve, tl=le minimLlm
fleer ele'/ation sl3esifieEl in tl=le FeEler-a1 FleeEl Insuranse Rate Maps fer
AventuFa, er as spesi~ieEl in the Miami Dade Cellnty Code, 'lIhisl=le'/er 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:
Ordinance No. 2002 -
Page 6
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).
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
Ordinance No. 2002 -
Page 7
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 10. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Cohen, who moved its
adoption on first reading. This motion was seconded by Commissioner Grossman, 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
Ordinance No. 2002 -
Page 8
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
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 Ptanning Agency Agenda Item Lf G
February 5, 2002 City Commission Meeting Agenda Item 1 C.
March 5, 2002 City Commission Meeting Agenda Item ~ Q...
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
City of Aventura
LOCATION OF PROPERTY
See Exhibit "A" for location map and Exhibit #2
for aerial photo
SIZE OF PROPERTY
Approximately 3.2 acres
DESCRIPTION {BACKGROUND
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 empha~ize 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 0f 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 Elementary School
IU-2 (MDC industrial zonino) 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 strE!et. 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.
{$taft reportslOI-REZ-02 rezoning NE 188 St Charter School
5
11
N
EXHIBIT "A"
.. "~'. '-~
~."."".
, .
", .
~,.
.-.,.-
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.
Ordinance No. 2002-
Page 2
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).
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 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
yes
yes
Ordinance No. 2002-
Page 3
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 5111 day of February, 2002.
PASSED AND ADOPTED on second reading this 5111 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
,2002.
CITY CLERK
11
N
EXHIBIT "A"
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: 2001/02 FY Budget Amendment Ordinance
1st Reading February 5, 2002 City Commission Meeting Agenda Item 0 6
2nd Reading March 5, 2002 City Commission Meeting Agenda Item 81S
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.
EMSlaca
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 "An 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 Vice Mayor Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Commissioner Grossman,
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 5111 day of February, 2002.
2
Ordinance No. 2002-_
Page 3
PASSED AND ADOPTED on second reading this 5111 day of March, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
TO:
FROM:
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 ..J...A..
February 5, 2002 City Commission Meeting Agenda Item <is A
March 5, 2002 City Commission Meeting Agenda Item BE
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 include existing marine industry facilities; a vacant lot
where employees of the marine industry uses park their vehicles; and a concrete
manufacturing facility. These present uses, while not entirely water-dependent or water-
related, are private businesses that do not provide general access to the public of the
water andlor views.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Industrial and Office
Town Center
Medium High Density Residential
Business and Office
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 vehicle trips per day
enhances the provision of traffic services.
Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25
dwelling units per acre as existing permitted use is substantially decreased
with the proposed amendment. Therefore, provision of services will be
enhanced.
Mass Transit - A bus transit facility is located at Aventura Mall,
approximately 'h 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 la'1d 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
Policy 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.
Policy 12.2 The City shall not approve any Comprehensive Plan amendment that
increases density (population) and results in evacuation times exceeding 12 hours.
Address Lot Size Increase in Population Overall Increase
Densitv Factor in 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
Policy 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.
Policy 4.3 Transit service shall be linked to major trip attractors and generators and
the transportation disadvantaged. Transit service shall be located such that they
are safe and convenient to transit users.
The proposed amendment will allow for redevelopment of residential uses adjacent
to an area which allows for mixed-use development. Any new residential
R
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 andlor waterfront promenades.
Conservation and Coastal Management Element
Policv 9.2 The City shall maintain the adopted levels of service on the local
roadways based on the future land use plan to achieve a reasonable evacuation
time.
The traffic generation table provided later in this report supports the proposed
amendment in that a decreased projected vehicle trips per day enhances the
provision of transportation (traffic) services, thereby maintaining the adopted levels
of service on local roadways to achieve a reasonable evacuation time.
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 spacelpassive areas on the site. This use will conserve the
site for use by the general public. Furthermore, the City is in the process of
obtaining, adjacent to the community recreation facility site, a three (3) acre parcel
in order to construct a much needed charter elementary school. This facility is
scheduled to open for the school session in 2003. These two (2) facilities will
operate as joint-use facilities and together will provide access to the
shoreline/waterfront to all residents of the City.
In the backup information for the City's adopted comprehensive plan, the water-
dependent and water-related uses were identified as the seven (7) marine
industrylmarinas on NE 188 Street and NE 185 Street. However, as the City
Commission is aware, these property owners are marketing their properties for sale.
Staff discussions with the present marine use tenants andlor property owners
included discussions that it was hard to operate their businesses with residential
uses across the canals because of the noise and smells; many of the industry
businesses do not depend on the water because they trailer their boats to other
areas to put them in the water, if required. Therefore, what the Commission
originally wished to preserve as water-dependent or water-related uses may not be
realistic as evidenced by the present owners' desires to sell and move.
Furthermore, the present uses on the site restrict access and views of the
shorelinelwaterfront to the residents of the City since they are private, industrial type
uses, restricting access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of .direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
Po/icv 12.4 Amendments to the Future Land Use Plan Map shall not reduce the
proportion of shoreline properties dedicated to water-dependent uses or reduce the
access of water-dependent uses to such properties.
The present uses on the site restrict access and views of the shoreline/waterfront to
the residents of the City since they are private, industrial type uses, restricting
access by the general public.
Staff supports residential uses in this area in that the general public will be able to
take advantage of direct water views through the use of pedestrian promenades
along the water, especially when these pedestrian access ways serve to link the
town center area with the City's community recreational facility located at the far
eastern end of NE 188 Street.
8
Policy 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.
Policy 12.6 New multi-family residential development, contiguous to the shoreline,
shall be water dependent, water related, or at a minimum shall include
environmentally compatible shoreline access facilities such as walkways, piers, and
viewing areas with landscaping grouped or spaced for views of and from the water.
The proposed amendment will require that residential redevelopment provide view
corridors to the water and pedestrian 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.
NE 188 Street Generation
Existin Tri s
AM Peak
PM Peak
130
142
Zoning Category
Vehicle Trips per Day
10,743
44,675
4,290
9
Total 6.03 acres Vehicle Trips AM Peak PM Peak
(Comm. Rec. Facility and per Day
Charter Elem. school sites)
Community Recreation Facility 1,102 204 196
and Charter Elementarv School
IU-2 (MDC industrial zonina\ 3,667 484 516
OP and CF existina Citv 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. 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.
Istaft reportslOJ..CPA-01 comp plan SCD3
10
11
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EXHIBIT "A"
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ORDINANCE NO. 2002 -_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR 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. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Desianation. The future
.
land use map designations of three (3) parcels totaling approximately 2.85 acres
located at 3016 NE 188 Street (Folio Number 28-2203-000-0391) and 3030 NE 188
Street (Folio Number 28-2203-000-0380) and 3205 NE 188 Street (Folio Number 28-
2203-000-0330) (see Exhibit "A" for property locations) are hereby changed from
Industrial and Office to Medium High Density Residential.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Ordinance No. 2002-_
Page 3
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by 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 8111 day of January, 2002.
PASSED AND ADOPTED on second reading this 5111 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
,2002.
CITY CLERK
A
N
EXHIBIT "A"
CITY OF AVENTURA
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
Karch 5, 2002 City Commission Meeting Agenda Item 8F
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.
81>
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 '1>\' for location map and Exhibit #2
for aerial photo
SIZE OF PROPERTIES
Approximately 7.19 acres
DESCRIPTION IBACKGROUND
This past year, the City Commission has held planning and visioning sessions to
discuss future development possibilities on NE 188 Street (Thunder Alley). The City's
consultants, Wallace Roberts & Todd also attended these sessions to discuss overall
recommendations for Thunder Alley as it relates to future development of the Town
Center, mixed-use development on the Loehmann's site. Staff and the City
Commission have discussed the overall uses of the two areas and how the two areas
would link and function as separate mixed-use developments or a continuation of one
mixed-use development. During 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 andlor views.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
District
Properties to the South:
District
District
Properties to the East:
Properties to the West:
Existing Land Use
Subject property: .
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Industrial and Office
Town Center
Medium High Density Residential
Industrial and Office
Medium High Density Residential
TC2, Town Center Marine District
RMF3, Multi-Family Medium Density Residential
RMF3, Multi-Family Medium Density Residential
RMF3A, Multifamily Medium Density Residential
TC2, Town Center Marine District
Te2, 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
RMF38 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
Poculation
3000 NE 188 St 1 .126 ac 10 dulac 1.64 18
3020 NE 188 St 2.63 ac 10 dulac 1.64 43
3131 NE 188St 2.18 ac 10 dulac 1.64 36
3161 NE 188 St 1.25 ac 10 dulac 1.64 20
Totals 7.19 ac 71 117
As shown on the above table, the proposed change has a minimal affect on
population density and actually decreases the demand for water, sewers, streets,
and other public facilities and services compared to the presently permitted uses.
1. Whether the proposed change would have an adverse environmental impact on the
vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
2. Whether the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole.
Traffic Generation - The City's traffic engineers have prepared traffic generation
information relative to existing counts, previous approved uses, existing permitted uses
and the proposed amendment. The following information is calculated according to the
general land area as specified in each table. Proposed trips generated by the
elementary school and community recreation facility are also provided.
NE 188 Street Generation
Existin Tri s
AM Peak
PM Peak
130
142
Zoning Category
Vehicle Trips per Day
10,743
44,675
4,290
5
Total 6.03 acres Vehicle Trips AM Peak PM Peak
(Comm. Rec. Facility and per Day
Charter Elem. school sites)
Community Recreation Facility 1,102 204 196
and Charter 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. 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.
I.taft reportslOI-REZ.Q1 rezoning NE 188 5t 5CDl
6
11
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EXHIBIT "A"
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EXHIBIT #2
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ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR FOUR (4) PARCELS LOCATED AT
3000, 3020, 3131 AND 3161 NE 188 STREET FROM TC2,
TOWN CENTER MARINE DISTRICT TO RMF3B,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has held planning and
visioning sessions to discuss future development possibilities on NE 188 Street
(Thunder Alley). Pursuant to these sessions, staff was instructed to proceed with a
comprehensive plan amendment and eventual rezoning of some parcels on NE 188
Street to permit residential development that will support and enhance prospective
future development of a mixed-use, town center in the Loehmann's area; and
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for four parcels on NE 188
Street totaling 7.19 acres from TC2, Town Center Marine District to RMF3B, Multifamily
Medium Density Residential District; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
Ordinance No. 2002-
Page 2
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan and intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Official Zoning Map of the City of Aventura is hereby
amended by amending the zoning designation for four parcels of land located at 3000
NE 188 Street (Folio Number 28-2203-000-0390) and 3020 NE 188 Street (Folio
Number 28-2203-000-0410) and 3131 NE 188 Street (Folio Number 28-2203-000-
0297) and 3161 NE 188 Street (Folio Number 28-2203-000-0010) from TC2, Town
Center Marine District to RMF3B, Multifamily Medium Density Residential District (see
Exhibit "A" for property location).
Section 2. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Ordinance No. 2002-
Page 3
Section 3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner 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 8111 day of January, 2002.
Ordinance No. 2002-
Page 4
PASSED AND ADOPTED on second reading this 5111 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
,2002.
CITY CLERK
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EXHIBIT "A"
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
!!,EM9RAND~M
DATE: February 27,200
SUBJECT: Creation of a new mulf idential 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 )
TO: City Commission
FROM:
March 5, 2002 City Commission Meeting Agenda Item ~ - q
BECOMMENPATlQN
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.
3) Incorporate the promenade incentive package discussed at the February 21,
2002 Workshop, including City Commission revisions.
THE ~EQUEn
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.
BACKGROUNP
In light of recent discussions held at the Commission Meeting and the City Attorney's
office opinion that without specific incentives the requirements of a pedestrian
Memo to City Commission
Page 2
promenade could be viewed as a "takingn, this could place the City in the position of
financially compensating the property owners, unless specific incentives are
incorporated in the zoning regulations.
While this report focuses on the incorporation of incentives for the development of the
promenade, staff and I have spent a great deal of time studying the effects of the new
zoning requirements along N.E. 1881h Street to determine the feasibility of developing
the residential property at a level that the staff feels is consistent with the City. Simply
stated, we did not want to create new regulations that would make development difficult
to the point that only small rental units would be feasible in the area. This report was
prepared with input from our planning staff and planning consultant.
The City over the next two years will be investing over $20 million in public funds for a
school, community center, road and beautification improvements. It is important that
the development be consistent with these investments and at the same time occur in a
short period of time (1-4 years). The placement of residential development along N.E.
1881h Street will also expedite the Town Center to be located at Loehmann's Fashion
Island.
It should be pointed out that the promenade was a requirement under the former TC 2
zoning district. If we choose not to rezone the area, we would be required to format
incentives to facilitate the promenade as well. Based on the addition of a school and
community center, economic studies and input from our planning consultants, it is our
opinion that the addition of a school and community center, proposed re-zoning to low-
medium residential is in the best interests of the City and will reduce traffic in the area
by almost 75%.
.Pedestrlan Promenade
This section should be clarified that the promenade should be dedicated to the City by
easement in order to ensure that the area is included for calculations of determining
density and open space requirements. Second, the developer'S responsibility to build
to certain standards as determined by the City should be made clear. This should be
done by reference to separate promenade design criteria. The minimum width should
be clarified as a minimum of 10' of unobstructed passageway, not a 10' easement that
may be reduCed to 8' after taking out retaining walls, railings, lighting fixtures, etc. I
want to make it clear to the City Commission that the City will assume the
responsibilities for security, maintenance and the cost of lighting of the promenade.
This will have a financial impact on future budgets.
Memo to City Commission
Page 3
Incentives for Pedestrian Promenade
As discussed at the February 21, 2002 Commission Workshop, the incentives should
clearly identify a measure of additional development not achievable under base zoning,
thus offering real value to those developers who will be required to provide the
easement and construction of the promenade.
Without increased density, which we do not recommend, we need to focus on
incentives that would remove impediments that presently preclude developers from
achieving maximum density. In addition, the incentives should also assist in creating
larger unit sizes. Our studies indicate that the proposed zoning regulations would
motivate a developer to build small units with an average size of 950 s.f. if they wished
to maximize the permitted density.
The following incentives are recommended as a package:
1. Reduce view corridors from 10% to 3%.
2. Reduce driveway separation requirements provided it meets safety and
traffic engineering standards.
3. Eliminate FAR requirements.
4. Increase maximum permitted height from four to seven stories, provided
any structure parking is incorporated into the footprint of the building.
5. Private property underwater can be counted toward open space and
density calculations.
6. Developer would not be required to reimburse the City for the cost of
sidewalks on N.E. 188th Street.
7. The promenade can be counted toward open space and density
calculations.
Given the desire to retain the 35 duJ acre density, the only meaningful incentive will be
to permit an increase in building volume, allowing an increase in unit sizes. The
question is how much of an incentive is meaningful and reasonably proportioned to the
promenade requirements without compromising the low-density character of the district.
The method of allowing increased building volume is to reduce or eliminate FAR
restrictions either by allowing structures to rise above four stories, or by allowing
building mass to expand by increasing development footprint and reducing open space.
Of these two alternatives, raising the height limit is preferable. The most practical
measure of increased development intensity is to allow additional floor(s) along with
eliminating FAR restrictions.
Memo to City Commission
Page 4
The view corridor reduction is recommended in light of the fact that the promenade
would serye a better public purpose than view corridors considering requiring the
developer to set aside non-buildable areas. The driveway separation issue is critical to
those developments that would expect to build gated communities due to vehicle
stacking issues.
It has been the City's position that new developments are required to pay for public
improvements adjacent to their properties. In the case of N.E. 188th Street, the
developer would be required to pay its pro-rata share of roadway improvements,
sidewalks, landscaping and decorative street lighting. The incentive package provides
that the developer would be allowed a credit toward the sidewalk improvements if they
build the promenade adjacent to their property.
SummarY
In summary, the recommended incentive package should be incorporated in the zoning
districts along N.E. 188th Street in order to ensure that the pedestrian promenade is
built. In our opinion, the recommended incentives maintain the integrity of the purpose
of the zoning districts. Importantly, it does not increase density and maintains open
space requirements.
EMS/aca
101-LOR-01 amend LOR RMF3B 030502
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
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
Ordinance No. 2002 -
Page 2
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan and intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the 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 - Familv Medium Density Residential Districts (RMF3B). The following
reoulations shall aoolv to all RMF3B districts:
(1) Puroose of District. The ouroose and intent of this district is to orovide
suitable sites for the develooment of well-olanned. environmentallv
comoatible 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 oer oross acre.
(2) Uses Permitted. No buildino or structure. or Dart thereof. shall be erected,
altered or used. or land used in whole or Dart for other than one or more of
1 Underlined provisions constitute proposed additions to existing text; striGkeA IllFellgR provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 3
the followina soecific uses:
(a) Sinale familv dwellinas.
(b) Zero lot line dwellina units.
(c) Two - familv dwellinas.
(d) Triolexes and Quadruolexes
(e) Townhouses
(t) Low Rise Aoartments
(g) All uses oermitted in CF district.
(h) Publiclv owned recreation buildinas and facilities. olavarounds.
olayfields and Darks
(i) Uses accessory to anv of the above uses when located on the same
olot.
(3) Conditional Uses. The followina uses mav be established if first aooroved
as a conditional use:
fa) Uses that exceed the height limitations. but in no event shall uses
exceed 7 stories or 90 feet in heiaht.
(4) Site Develooment Standards.
(a) Minimum Lot Area and Width: Sinale familv and zero lot line: Each
dwellina unit shall be located on a clot 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 clot 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 olot area. Where townhouse dwellinas are
desianed. arranaed and constructed for the ownershio 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 olot area.
(b) Maximum Heiaht: Structure oarkina shall be counted in comoutina
buildina heiaht.
Two-familv dwellinas. Triolexes and Quadruolexes: 2 stories or 25'.
Sinale familv dwellinas. Zero lot line. and Townhouses: 3 stories or
35'.
Low Rise Aoartments: 4 stories or 45'.
(c) Plot Coveraae: The combined plot area covered bvall orincipal and
accessorv buildinas shall not exceed 40% of the area of the lot.
(d) Setbacks:
Front Yards: Princioal buildinas frontina the oublic riaht-of-wav.
Ordinance No. 2002 -
Page 4
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 oublic riaht-of-wav. four stories in heiaht. shall be setback at least
20 feet. For those orincioal buildinas not frontina the oublic riaht-of-
wav. 5 feet additional setback shall be added for each floor of the
buildina. (Structure oarkina shall be counted in comoutina building
heiahtl.
Side Yards: Sinale familv. Two-familv. Zero lot line. Triolexes.
Quadruolexes and Townhouses: Princioal Structure 10 feet where
aoolicable. Uoon comer clots 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 olot
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. Princioal buildinas
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 arouo. a minimum of five feet for each unit exceedina six
shall be added to the minimum buildina seoaration. (Structure oarking
shall be counted in comoutina buildina height).
(f) Minimum Floor Areas: The minimum floor area not includina aaraae
or unairconditioned areas shall be as follows:
Sinale-familv unit: 1000 sauare feet.
Multiole 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 twenty (20) oercent 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
shrubbery. Pedestrian walkwavs and oromenade mav be counted
towards ooen soace at the discretion of the Director or desianee.
Ordinance No. 2002 -
Page 5
provided that such walkwav(s) and promenade meets the purpose of
these ooen soace reaulations.
(h) Accessibilitv: All multi - familv develooment oroiects within the zonina
district shall provide a walkwav that links buildinas and parkina areas
to onsite amenities within the oroiect.
(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 computina buildina heiaht.
Heiaht of Buildina Floor Area Ratio
1 stOry 0.30
2 stOry 0.50
3 stOry 0.75
4 stOry 0.90
(5) Abovearound Storaae Tanks. Abovearound Storaae Tanks (AST) are
permitted as a conditional use on Iv as an accessory use and onlv for the
puroose 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
County Deoartment of Environmental Resources Manaaement.
(c) Be fullv screened bv a masonry or concrete wall with a self-closina
and lockina metal door or aate. Such wall shall be landscaoed in
accordance with the Citv's Landscape 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 City.
Aoolication for buildina permit shall be accompanied bv a site plan
indicatina the location of the AST relative to property lines. the orimary
structure served bv the AST. anv other structures within 300 feet as well
as a landscaoe plan ore oared bv a Florida licensed architect or landscaoe
architect and other suoportina documentation as deemed necessary bv
the City Manaaer or desianee.
(6) Architectural Desian Standards. The followina conceots shall auide
development in this district. in addition to other aoolicable architectural
desian standards found in the Land Development Reaulations:
a. Mediterranean desian features shall be used includina. but not limited
to barrel tile roofs.
b. Chanaes in massina in the buildina formes) shall be incorporated in the
overall develooment desian includina. but not limited to facades and
rooflines.
Ordinance No. 2002 -
Page 6
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) View corridors. All sites abuttina a waterwav shall preserve a visual corridor
to the water and maintain a visual passaaewav area unencumbered with anv
structure. roadwav or off-street oarkina area. The view corridor is reauired
at a side orooertv line(s) and shall extend the fulllenath of the site from the
waterwav to the oublic riaht-of-wav most nearlv 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 provided. however. each corridor shall
not be less than one-half of the width of the reauired view corridor as set
forth above.
(8) Pedestrian Promenade. If the aoolicant for a develooment permit under this
section provides a oedestrian oromenade for use bv the aeneral public alona
the waterfront. the followina site develooment standards shall be aoolied.
Such promenade shall be constructed in compliance with the Promenade
Desian Criteria as orovided bv the Citv Manaaer and shall be a minimum
width of 10' of unobstructed oassaaewav and shall include Iinkaae of
seoarate development parcels and mav include Iinkaae of public use parcels
and oublic sidewalks alona public rightls)-of-wav.
(a) Maximum Permitted Heiaht: 7 stories or 90' for Low Rise
Apartment(s). Anv structure oarkina servina the orimary use on the
site shall be incorporated into the buildina envelope and shall be
comoatiblv desianed. Such oarkina structure shall comolv with all
minimum setback and buffer vard reauirements and shall be counted
in comoutina buildina heiaht.
(b) Floor Area Ratio: There shall be no maximum floor area ratio.
(c) Ooen Space and Density calculations shall be calculated pursuant to the
aross lot area. Water areas and pedestrian promenade areas shall be
counted in full towards ooen soace reauirements.
(d) Drivewav Separation: Drivewav separation reauirements will not need to
complv with Section 31-172(b)(2) provided such location meets safetvand
traffic enaineerina standards as determined bv the City Enaineer.
(e) 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 property line(s) and shall extend the
full lenath of the site from the waterwav to the public riaht-of-wav most
Ordinance No. 2002 -
Page 7
nearlv opposite the waterfront. The width of this view corridor shall be no
less than 3% 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 one-half of the
width of the reauired view corridor as set forth above.
(f) The Citv Manaaer mav provide for a credit towards the cost of the
promenade construction aaainst public sidewalk(s) located adiacent to the
subiect property, if sidewalks are constructed bv the City.
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:
Front yards: Minimum of 25 feet in depth.
For those properties on NE 188 Street. the followina standards shall
applv: Front Yards: Principal buildinas frontina the public riaht-of-wav.
between one and two stories. shall be setback at least 10 feet. Principal
buildinas frontina the public riaht-of-wav. three stories in heiaht. shall be
setback at least 15 feet. Principal buildinas frontina the public riaht-of-wav.
four stories in heiaht. shall be setback at least 20 feet. Principal buildinas
frontina the public riaht-of-wav. five or more stories in heiaht. shall be
setback at least 25 feet. For each additional stOry in heiaht above 7 stories.
5 feet shall be added to the setback. For those principal buildinas not
frontina the public riaht-of-wav. 5 feet additional setback shall be added for
each floor of the buildina. (Structure parkina shall be counted in computing
buildina heiahtl.
Rear yards: Minimum of 25 feet.
For those properties on NE 188 Street. the followina standards shall applv:
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.
Ordinance No. 2002 -
Page 8
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 followinq standards shall aoolv:
Princioal buildinqs between one and two stories shall be seoarated bv at least 10
feet at the closest ooint. Princioal buildinqs three stories in heiqht shall be
seoarated bv at least 15 feet at the closest ooint. Princioal buildinqs four stories
shall be seoarated bv at least 20 feet at the closest ooint. Princioal buildinqs 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 buildinq
seoaration. Additionallv. for each townhouse buildinq which exceeds six units in
anv one qroup, a minimum of five feet for each unit exceedinq six shall be added
to the minimum buildinq seoaration. (Structure oarkinq shall be counted in
comoutinq buildinq heiqhtl.
(5) Architectural Desiqn Standards. For those orooerties on NE 188 Street. the
followinq conceots shall auide develooment in this district. in addition to other
aoolicable architectural desiqn standards found in the Land Develooment
Requlations:
a. Mediterranean desiqn features shall be used includinq. but not limited
to barrel tile roofs.
b. Chanqes in massinq in the buildinq form(s) shall be incoroorated in the
overall develooment desian includina. but not limited to facades and
rooflines. .
c. Architectural oroiections shall be incoroorated into the buildinq desiqn
includinq. but not limited to awninqs. canooies. balconies and columns.
d. Exterior colors used shall be Iiqht earth tone schemes or other color
oalettes that mav be aooroved bv the Citv Commission.
(6) View corridors. For those orooerties on NE 188 Street. the followinq standards
shall aoolv: All sites abuttinq a waterwav shall oreserve a visual corridor to the
water and maintain a visual oassaqewav area unencumbered with anv structure.
roadwav or off-street oarkinq area. The view corridor is required at a side
orooertv line(s) and shall extend the fulllenqth of the site from the waterwav to
the oublic riqht-of-wav most nearlv oooosite the waterfront. The width of this
view corridor shall be no less than 10% of the averaqe of two frontaqes 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 one-half
of the width of the required view corridor as set forth above.
Ordinance No. 2002 -
Page 9
(6) Pedestrian Promenade. For those orooerties on NE 188 Street. if the aoolicant
for a develooment oermit under this section orovides a oedestrian oromenade for
use bv the aeneral oublic alona the waterfront. the followina site develooment
standards shall be aoolied. Such oromenade shall be constructed in comoliance
with the Promenade Desian Criteria as orovided bv the Citv Manaaer and shall
be a minimum width of 10' of unobstructed oassaaewav and shall include Iinkaae
of seoarate develooment oarcels and mav include linkaae of oublic use oarcels
and oublic sidewalks alona oublic riaht(s)-of-wav.
(a) Maximum Permitted Heiaht: 7 stories or 90' for Low Rise Aoartment(s).
Anv structure oarkina servina the orimary use on the site shall be
incoroorated into the buildina envelooe and shall be comoatiblv desianed.
Such oarkina structure shall comolv with all minimum setback and buffer
vard reauirements and shall be counted in comoutina buildina heiaht.
(b) Floor Area Ratio: There shall be no maximum floor area ratio.
(c) Ooen Soace and Densitv calculations shall be calculated oursuant to the
aross lot area. Water areas and oedestrian oromenade areas shall be
counted in full towards ooen soace reauirements.
(d) Drivewav Seoaration: Drivewav seoaration reauirements will not need to
comolv with Section 31-172(b)(2) orovided such location meets safety and
traffic enaineerina standards as determined bv the Citv Enaineer.
(e) View corridors. All sites abuttina a waterwav shall oreserye a visual
corridor to the water and maintain a visual oassaaewav area
unencumbered with anv structure. roadwav or off-street oarkina area.
The view corridor is reauired at a side orooertv line(s) and shall extend the
full lenath of the site from the waterwav to the oublic riaht-of-wav most
nearlv oooosite the waterfront. The width of this view corridor shall be no
less than 3% 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 one-half of the
width of the reauired view corridor as set forth above.
(f) The City Manaaer mav orovide for a credit towards the cost of the
oromenade construction aaainst oublic sidewalk(s) located adiacent to the
subiect orooertv. if constructed bv the City.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not aff~ct the validity
Ordinance No. 2002 -
Page 10
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; 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
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:
Ordinance No. 2002 -
Page 11
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 6111 day of November, 2001.
PASSED AND ADOPTED on second reading this 5111 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
,2002.
CITY CLERK
~ht .laml Htrat~ m!IIII
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, Friday, February 22,2002.
Mfiant 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.
~.....
~~j-?1._0
FRANK TOMASINO
~"', .:-:::
Sworn to and subscribed before me
/J /r
This t?< t? day of ?..c"c...A.-~
L/ecj
"...:.~ pA:_."Y'"""Y{.
Lisa Ann Hernandez
A.D. 2001
~,,\I~~~..<:. Lisa Ann Hernandu
! ';Comrn!$&Oll {# 00 CIOO611
~.. . = Expires Feb. 11.200:S
'" Bonded TlIm
7. 11\\\1 :Wantic BQndJnB Clr.. _ ;
..,~
3613 N.E. 163rd Street, North Miami Beach, FL 33162
)KNIGHTRIDDER)
CITY OF AVENTURA
NOTICE OF AMENDMENTS TO
OFFICIAL ZONING MAP
AND NOTICE OF
AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the City Commission of the
City of Aventura will meet in a public hearing on Tuesday, March
5, 2002 at 6:00 pm to consider final adoption of the following
Ordinances:
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.
and
AN ORDINAN,CE 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 TilE
CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND PARKING REQUIREMENTS FOR MIXED-USE
DEVELOPMENT; AMENDING SECTION 31-191 OF THE
",0 CITVl,S "LAND" DEVE.ldC?I?MEN,TLREGUU~::nONSI 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.
..,,< ,":)" ','"
, :', ,"" :',~." ",i~ ,'t;~'.'"t'r};'j'E":,~ji;;,\.t;". ,,::,':',~~d;~':::, "~,'>'c,:,,,,~!<':'.'\r ,", ,::;.: ".., ,:~ - ,",::, ;"\'~ '
," AN qRDINANCE', Of'" T,HE. CITY' OF AVENTURA,
" FLORIDA, AMENDING 'THE:'" OFFICIAL t6NING MAP OF
. THE CITY:OF AVENTURAHY AMENDING THE'ZONiNG
. .", DESIGNATION ."FOR ,ONE (1) ,PARCEL OF ,LAND;
" LOCATED AT 3333 NE 1 BB STREET FROM Of?, OFFICE.
PARK DISTRICT TO "CF,COMMUNITY: FACILITIES'
DISTRICT; .I,PROV'Il:>ING FOR,' SEVERABILITY;
PROVIDiNG FOR, INCLUSI'ON' IN THE CODE;'"
. PRoviDING ,FOR AN EFFECTIVE DArE..
" ",' ''', ,;j , "",l," ',P,'
The Public Hearing .will be held at' City of Aveniura Government
Center, 19200 West Country Club Drive,' Aventura, Florida,
331 BO. The proposed Ordina,nces may be inspected by t~e
public at the Office of the City Clerk, 19200 West Country Club
Drive, Aventura, Florida. . Interested parties may app,earat 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, hi' 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 wi,th 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 r~cord includes the
testimony and evidence upon which the'appeal is'to be based.
Teresa M. Soroka, CMC, City Clerk
'"
~
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. FFPBEYRE, who on oath says that shp is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA" PUBLIC HEARING 3/5/02
APPLICATION NUMBER: 03.CU.02
in the XXXX Court,
was published in said newspaper in the issues of
02121/2002
Affiant further says that the said Miami Dally 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 ("op:' ('if adv,:~rticement; 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 secur~~~~t for publication In the said
newspa?/~
'~'MdTl"" -~,
of _Ie _no: Tu8S(Iay, .Me"*'sr:!.OO2
6:O()p,in. '
. Appl_ If-.
. AppI_.~:
City of A_tura
-AreqLl8st for Qanditional ,Use approval pursu. I
ant to POtlcy 1.3 of t~Futura Land Use Ele-
ment of thfl City's Comprehensive Plan to Per.'
mlt _",8 community recreation f~j1lty on ,a pro~
,arty with a Busil'1flSS,and Office Land ~ desIg.
,nation. " ' " '" ,', - .
, AtiJ:1'l1IkM1 ~
oo.clJ.02
..-01 SuIlJ4ltt
'"'<>i-I.; . .,_337~~~,1,811~",,; '. " "
PIantI_Oit"Jll!ll..y~~lilltl.ii~w.._~'
. the City of AvenllJra Government Center, 19200 West Country Cflltl
Drive, Aventura, Florida 33180. Plans may be modified at or before the,
Public Hearing. The application may chenge during the hearing pro. '
C8&S.
The PubDc Hearing will be,heId at City of Aven~ura Government Center,
19200 West Country Club Drive. Aventura, Florida 33180. Your com-
ments may be made In person at the hearing or filed in writing prior to the
hearing date. Refer to appIicantlproperty o",,;o...e.pondance and mail
same to City of AVOntu,a Government Center, CommunIty [)ey!lIopment .
~t, 19200 West Country Club Drive. Aventura, Florida 33180.
For further inIormetlon, please call (305) 486-8940.
In eccordanCe will1lhe Americans with PiMbllltles At;I, of 1990, all per.
sons who .... _ end who need spec:IeI aocommodatlon. to particl.
pate in 1111. proceeding __ of that _1Dy should contact the Office .
of the C~y Clari<, 466-8901, not later then two business days prior to such ,
proceedings.
, If a person decides to appeal eny decision made by the City Cornmis. :
; sian with respect to any matter considered ata meeting or hearing, that !
person will need a record of the flIOCOOdIngs end, for such purpose, may ,
need to ensure that a verbatim record oUhe proceedingS is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
2121
Teresa M. Soroka, CMC, City C,,,k .
_"Jl2,N~5:l6M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
B.fore the undersigned authority personally appeared
Q.V. FERBEYRE, whv on oath says that she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review l/k1a 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 3/5/02
APPLICATION NUMBER: 04.CU.02
in the XXXX Court,
was published in said newspaper in the issues 01
Feb. 21, 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 cup~' of advdrti3omer.t; and affia.nt 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 t' dv ' r publication in the said
newspape
21
"0IIte and nme
of PubUc _ng:
Tueoday, March r' 2(lO2
6:00p.m. i I
City of Aventura
A requ~ for CO ditklmal Use approval pursuant~:
10 Policy 1.3 of I 0 Futuro Land uSe Element of "
the City's Co re~nsive' Plan to pennit Ihe.'
Aventura Cha Elementary School on a prop- :
ertywtth a Busl rlid Office Land Use desig-',
nation.
Applicant N.....:
, Applicant'. Iloq_:
Appll_NumlMtr:
lJ4.CU.()2
~OClI\lon 01 SUbjoct ,
Property: 3333 NE 188 ,st' i
Plans are on file and may be examined ring reoularbu~ness hours in ,
the City of Aventura Government Cent r, 119200 West Country Club
Drive, Aventura, Florida '33180. 'Plans y be modified at or before the,
Public Hearing. The application may ch nge during the hearing pro. .
cess. . .
The PubHc Hearingwtll be hetd at City of Aventura Government Center, '
~ 9200 West Country Club Drive, Avent ra, Florida 33180. Your oom-
ments may be made in person at the heari g ~r filed In writing prior to the .
hearin'g date. Refer to applicantlpropert on ;correspondence and mail
same to'C,ity of Aventura ~vemment Ce er~Community Development
Department, 19200 West Country Club qrlv~ Aventura, Frorida 33180.
~. For further information, please call (305) 466-at40.
. In accordance with the Americans with ~sab. illties Act of 1990, all per-
sons who are disabled and who need s~ ~mmodalions to particl~
pate In this proceeding because of that disfbiKlY should contact the Office '
of the City Clerk, 466-8901, not later than rm ~ne$S days prior to such :
p_ngs. , '.
I
If . person _. to appeal any decis on "'ado by Ihe City Commis.
sion. with respect to any matter con$ at ,a meeting or hearing, that '
person will need a record of the proceedi s and. for such purpose. may
need 10 ensure lhel a verbatim record of pfoceedingo is made, which
record includes the testimony and ov' uPon whicl1lhe appeal is 10
be based. I )
I
MjSoroka.~~ '
?/21.
-----
MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
0.'1. FERBEYRE. who on oath savs that she is the
SUPERVISOR, Legal Notices of tne Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal HOlidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC NOTICE OF
PROPOSED ORDINANCE MARCH 5, 2002
in the XXXX Court,
was published in said newspaper in the issues of
02/08/2002
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
ria>> f,6:tner p.:iici r.ur profnis&u allY f:.'i:H~~K.:fI,.~inn uf l,,(};~0r~ti.{j;-:.
any discount, rebate, commission or refund for the purpose
of securing thi advertise for publication in the said
newspaper.
OFFICIAL NOfARYSEAL
JANETI LLERENA
O.V. FERBEYRE personall ~rWA~X~UCsrATEOFFLORIDA
VWMMl;,SION NO. CC 912958
MY COMMISSION EXP. NE 23,2004
NOTICE IS HEREBY GIVEN that ol'lTuesday, the 5th day 01 March,;
2002, at a meeting 'of the. City Commission 01 the City of. Aventura, t~..be
held at 6:00 p.m. in the Commission Chamber at Aventura Government
Center,19200 West ~ntfYCIub Drive,Aventura,Flork;la, the City Com-
mission wi" ~$ider the'~d(;!ptlon of the 10UowingOrdinance .on.second
reading, entitled:' . .
'.' . .. .-.. . . .1
AN ORDINANCE QF THE CITY COMMISSION OF THE CITY OF '
AVENTURA",FLORIDA,AMENDING ORDINAN~ NO. 2001-13, '
WHICH ORDINANCE AOOPTED A Bl)P<3F1FOR THE 200112002 [
FISCAL YI;AR BY REVJStN9THE200.1~ fiSCAL YEAR op- ,
. ERATING AND CAPn~$uPGET AS OUTf;.WEOINEXHlB1T"A" :
ATTACHED HEfU;TO; AUTHORIZING THE CITY MANAGER TO I
. DO ALL THINGSNECe5SAfW TOCA~RY..01.lT .lHl;.AIMSOF
. THIS ORDINANCE; PROVIDING FOfl AN EFFECTJVEOAn;.
The propose<iOrdin"aJ,atmay ~jl'lspected bY,the public at the Office of '
the City' Clerk, 19200 West Country Club Drive, AVAAtl!ra, florida.;lnter- .
ested parties ~y appear at the Pl,lblic He~l.IinQlMld ~ heardwflh reSpect
to the prClpoSed,Qrtlina\lC6: Any person )\'i$l:11ngtoadQressth~ pity COm-
mission' onanyite/ll.atthisPublic Hearing may do sO alter ttle Mayor
opens thewblic heacjng. .
In acc6rdance with the Affiericans with Disabilities Act of 1990, all per-
sons who are disablect and who need special accommOdations to partici-
i pate in this proceeding because 01 that disability $hQUld,~tact t~ Off~..'
i 01 theCityplerk, 305-466-8901, not later thantwoJ?llsiness days prior to '
suCh proceeding$.
, : ..
Ila person decides to aPPeal any.deci~h made by the City Colll{Tlis.
sion with respect to any matter conside",q at" a meeting Or h~ring, that
. person will.need' a rE!CQrd of the proc;eedings 'and, lor such purpose, may.,
need to ensure thatave.rbatim r&COI;d 01 the proceedings is made, which
record i,nCludes the testimony and ltVidence uponw/lich the~pe41 ill to
be based.
2/8
Teresa M. Soroka, CMCCitYC~n(. '
. ~... _O?-94-56143'p~,4~M