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04-02-2002 City r.nIJ'lIJ'lI../nft Jeffrey M. Perlow, Mayor A'Pte City of ~ventura (i) ~~'>>""r.".....,l City Msuuln!l' Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers~Libert Cif}' Clerk Teresa M. Soroka, CMC Cif}'Attornv Weiss Serota Helfman Pasloma & Guedes AGENDA APRIL 2, 2002 - 6 PM (following LPAHearmg) Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT OFFICE AND BANK USES IN THE TCl (TOWN CENTER) ZONING DISTRICT; GRANTING VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT SETBACK OF 2' ON THE NORTH PROPERTY LIMIT AND 9' ON THE WEST PROPERTY LIMIT WHERE A 10' PARKING PAVEMENT SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 2' LANDSCAPED BUFFER ON THE NORTH LIMIT, A April 2, 2002 o-n..... MeetiDa 4.3' LANDSCAPED BUFFER ON THE WEST LIMIT AND A 0' LANDSCAPED BUFFER ON THE SOUTH LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31-171(a)(6)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW PARKING SPACES MEASURING 8.44' WIDE WHERE A MINIMUM WIDTH OF 9' IS REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31- 145(b)(5)(h) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN SPACE OF APPROXIMATELY 25% WHERE 35% IS REQUIRED BY CODE, WITH ONE-HALF OF THAT, OR 17.5% TO BE UNENCUMBERED WITH ANY STRUCTURE AND LANDSCAPED WITH GRASS AND VEGETATION, WHERE APPROXIMATELY 12% IS PROVIDED; AND DENYING VARIANCE FROM SECTION 31- 221(i)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DUMPSTER SITE WITH NO PERIMETER LANDSCAPING ON THE NORTH AND SOUTH SIDES, WHERE SCREENING WITH WALLS OR FENCES AND LANDSCAPING IS REQUIRED BY CODE, FOR PROPERTY LOCATED AT 18901 NE 29 AVENUE, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 4. ELECTION OF VICE MAYOR 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: Matters included under the Consenl Agenda are self-explanatory and are nol 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: March 5, 2002 Commission Meeting March 21, 2002 Workshop Meeting B. A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION #01-0103-016 FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN THOMPSON AND ASSOCIATES, INC. TO PERFORM A MUNICIPAL PUBLIC TRANSIT STUDY IN THE AMOUNT OF $30,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 2 April 2, 2002 Cnmmi"'"'"' MeetiDa (Authorizes City Manager to execute Work Authorization for professional consulting services with Craven Thompson for Municipal Public Transit Study) c. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO. 3 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN OWNER (CITY OF A VENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE COMMUNITY RECREATION CENTER PROJECT/NE 188TH STREET IMPROVEMENTS PHASE III; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE III; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. <Authorizes City Manager to execute Amendment No.3 to Construction Management Services Agreement for Community Recreation CenterlNE I 88th Street Improvements Project) 8. ORDINANCES: FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF A VENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR FOUNDERS PARK LOCATED AT 3105 AND 3200 NE 190 STREET FROM TOWN CENTER TO PARKS AND RECREATION; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND DEFINITIONS; AMENDING SECTION 31-145 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND REGULATIONS REGARDING MINIMUM FLOOR AREAS IN THE TCl ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF A VENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE CITY'S COMMUNITY 3 April 2, 2002 Cnmmi"'"'"' MeetiDa RECREATION FACILITY SITE LOCATED AT 3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARING: ORDINANCES - SECOND READING: 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 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. 10. RESOLUTIONS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE AVENTURA CULTURAL CENTER FOUNDATION, INC.; AND PROVIDING AN EFFECTIVE DATE. 11. OTHER BUSINESS: None 4 April 2, 2002 o-n..... MeetiDa 12. PUBLIC COMMENTS 13. REPORTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP APRIL 30, 2002 9AM LOCAL PLANNING AGENCY MAY 7, 2002 6PM COMMISSION MEETING MAY 7, 2002 (following 6 pm LP A ) This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, nollaler than two days prior 10 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 10 ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Avenlura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing 10 oblain a copy of any agenda ilem should contact the City Clerk al 305-466-890 I. 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: City Commission Eric M. soroka,~g Brenda Kelley, Commu i Development DireM March 21,2002 TO: FROM: BY: SUBJECT: Request of Gampel Aventura Properties, Inc. for Conditional Use approval and miscellaneous variance requests to permit an office and bank building at 18901 NE 29 Avenue. (02-CU-02 and 03-VAR-02) April 2, 2002 City Commission Meeting Agenda Item 3 RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the request for conditional use to permit office and bank uses in the TC1 zoning district. 2. Approve the request for variance to allow a parking pavement setback of 2 feet from the north property line and 9 feet from the west property limit to the parking area where a 10 foot parking pavement setback is required by Code. 3. Approve the request for variance to allow a 2 foot landscaped buffer on the north limit, a 4.3 foot landscaped buffer on the west limit and a 0 foot landscaped buffer on the south limit where a 7 foot landscaped buffer along the perimeter of all vehicular use areas is required by Code. 4. Deny the request for variance to allow nine (9) parking spaces measuring 8.44 feet wide where a minimum width of 9 feet is required by Code. 5. Deny the request for variance to allow open space of approximately 25% where 35% common open space for use by all residents is required by Code, with one- half of that, or 17.5% to be unencumbered with any structure and landscaped with grass and vegetation where approximately 12% is provided. 6. Deny the request for variance to allow a dumpster site with no perimeter landscaping on the north and south sides, where screening with walls or fences and landscaping is required by Code. THE REQUEST The applicant, Gampel Aventura Properties, Inc., is requesting: (1) Conditional Use approval to permit an office and bank building at 18901 NE 29 Avenue; and (2) Variance from Section 31-171 (a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 2 feet from the north property line and 9 feet from the west property limit to the parking area where a 10 foot parking pavement setback is required by Code; and (3) Variance from Section 31-221 (i)(2) of the City's Land Development Regulations to allow a 2 foot landscaped buffer on the north limit, a 4.3 foot landscaped buffer on the west limit and a 0 foot landscaped buffer on the south limit where a 7 foot landscaped buffer along the perimeter of all vehicular use areas is required by Code; and (4) Variance from Section 31-171 (a)(6)(a) of the City's Land Development Regulations to allow parking spaces measuring 8.44 feet wide where a minimum width of 9 feet is required by Code; and (5) Variance from Section 31-145(b)(5)(h) of the City's Land Development Regulations to allow open space of approximately 25% where 35% is required by Code, with one- half of that, or 17.5% to be unencumbered with any structure and landscaped with grass and vegetation where approximately 12% is provided; and (6) Variance from Section 31-221(i)(7) of the City's Land Development Regulations to allow a dumpster site with no perimeter landscaping on the north and south sides, where screening with walls or fences and landscaping is required by Code. (See Exhibit #1 and Exhibit #2 for Letters of Intent). BACKGROUND OWNER OF PROPERTY Gampel Aventura Properties Inc. ADDRESS OF PROPERTY 18901 NE 29 Avenue LEGAL DESCRIPTION Tract "P", Marina del Rey Revised, as recorded in Plat Book 144, Page 89 of the Public Records of Miami-Dade County SIZE OF PROPERTY Approximately 1.57 acres EXISTING ZONING TC1, Town Center District 2 FUTURE LAND USE DESIGNATION Town Center Zoning - Subject property: TC1, Town Center District Property to the North: RMF3, Multi-Family Medium Density Residential District Property to the South: TC1, Town Center District Property to the East: RMF3, Multi-Family Medium Density Residential District Property to the West: TC1, Town Center District Existing Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Vacant Land Rental Apartments (Summit at Aventura) Office and retail (Harbour Centre) Rental Apartments (Summit at Aventura) Retail and office (Loehmann's & Concorde Plazas) Future Land Use Designation - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Town Center Town Center Town Center Town Center Town Center The Site - The subject site is a vacant piece of land at the southeast corner of NE 29 Avenue and NE 190 Street. (See Exhibit #3 for Location Map and Exhibit #4 for Aerial Photograph). The Project - The applicant proposes to construct a one-story, 23,792 square foot building to house the bank service area and offices for Northern Trust Bank and to house the offices for the Gampel companies. The Bank will initially occupy 3,792 square feet for its customer service area and 11,258 square feet for its administrative offices. The Gampel company offices will occupy the remaining 8,742 square feet of the building. The building has been designed with Mediterranean design features including a barrel tile roof, cupolas, columns, covered entrance, pavers and pastel colors. A color rendering is attached to this report as Exhibit #5. Parking is provided to the north, west and south of the building. The applicant has attempted to provide a public amenity area on the south side of the site, per staff's request, by installing decorative pavers that will serve a dual purpose. This area will serve as required parking but will also be at grade to provide a pedestrian promenade- type area to coincide with the proposed pedestrian promenade/view corridor on the Harbour Centre site. What this will create is a larger public (decorative paver) area that 3 will provide a public open space promenade that links the two sites when the parking spaces are not being used. Two accesses are proposed to the site, one on NE 29 Avenue and one on NE 190 Street. The driveway on NE 190 Street will be right-in, right-out only. The applicants wish to reconfigure the existing left turn lane for northbound traffic on NE 29 Avenue to a double left turn lane to allow southbound traffic on NE 29 Avenue to enter its site. A traffic study submitted by the applicant is presently being reviewed to confirm that there is sufficient stacking in the existing lane to allow both north and southbound traffic to use the lane. In the event there is not sufficient stacking, the driveway on NE 29 Avenue will be right-in and right-out only. Prior to site plan approval for the proposed construction, the applicant is required to obtain conditional use approval and variance approval for reduced landscape/buffer strips, reduced size of parking stalls, reduced open space, reduced setback for parking areas and reduced landscaping around the dumpster enclosure. I. ANALYSIS OF REQUEST FOR CONDITIONAL USE Citizen Comments - The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - The Applicant is requesting Conditional Use approval to permit an office and bank building on vacant land currently zoned Town Center (TC1) District. The proposed B1 use is permitted as a conditional use in the TC1 district. Criteria According to Section 31-73(c) of the City of Aventura land Development Regulations, an application for Conditional Use is evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan. The use is not inconsistent with the City of Aventura Comprehensive Plan. Business and office uses are permitted in the Town Center land use category. (b) 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 this proposed use will not be detrimental to or endanger the public health, safety or general welfare. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. 4 The proposed bank and office building will be consistent with the immediate neighborhood. Its one-story design is consistent with the existing three-story multi- family development to the north and east. The proposed uses are consistent with the office and retail uses proposed to the south and existing to the west. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LORs. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, exist at the City's adopted levels of service and will be available to service this proposal. (e) 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. Two accesses are proposed to the site, one on NE 29 Avenue and one on NE 190 Street. The applicant will be conveying an easement to the City as a condition of site plan approval to provide for continuation of the 6' sidewalk and 4' bikeway along NE 29 Avenue to NE 190 Street. It has also proposed to lengthen the existing right turn lane across the west limit of the site to provide safer ingress and egress to and from the westerly driveway. The driveway on NE 190 Street is right-in and right-out only. The NE 29 Avenue driveway is proposed to be right and left-in and right-out. The applicant has provided a traffic study which is presently being reviewed by the City's traffic engineer, to confirm that there is sufficient stacking in the turn lane on NE 29 Avenue to allow safe left turns into both this site and the Loehmann's and Concorde Plaza properties. In the event the study shows that there is not sufficient stacking space in the existing lane, the driveway on NE 29 Avenue will be right-in and right-out only. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. This use will not impede the development of surrounding properties for uses permitted in the zoning district. (g) 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 Mediterranean design will blend with the existing multi-family residential development to the north and east. The applicant has designed the most southerly parking areas with pavers similar to those being used on the adjacent Harbour Centre site and has provided a sidewalk along the east side of the building that will connect with the sidewalk on NE 190 Street, the Harbour Centre site and the proposed pedestrian promenade on NE 188 Street waterway. 5 II. ANALYSIS OF REQUESTS FOR VARIANCE Citizen Comments - The Community Development Department has received no written citizen comments about these applications. Community Development Department Analysis - The Applicant is requesting variances to allow a reduced setback to the parking pavement area, reduced landscaped buffers along the perimeter of the parking areas, reduced parking space size, reduced open space and reduced landscaping around the dumpster enclosure. While the reduced setback to the parking area and reduced landscape buffers are mitigated by existing landscaping on NE 190 Street and proposed landscaping on NE 29 Avenue, staff does not recommend approval of the reduced parking space size, reduced open space and reduced landscaping around the dumpster enclosure. Criteria - The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." Reauest #1: Variance from Section 31-171(al(71 of the City's Land Develooment Reaulations to allow a oarkina oavement setback of 2 feet from the north orooerty line and 9 feet from the west orooerty limit to the oarkina area where a 10 foot oarkina oavement setback is reauired by Code. 6 Section 31-171(a)(7) of the City's Code requires that "the edge of all parking pavement and access roads (not including driveway connections to the street) shall be set back a minimum of ten feet from the right of way of all streets. This setback distance shall be landscaped in conformance with these regulations". The setback from the right-of-way (property line) on the north side measures 2 feet and continues to widen as the lot curves west toward NE 29 Avenue. The setback on the west side of the property varies from 15.85 feet at the south limit to 9 feet at its most narrow point. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised, in its Letter of Intent attached, that the hardship at this location is caused by the lot shape and size, the reduction in height (I.e. size of footprint) of the proposed building and the accommodation to the City to provide a public walkway. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. There is presently a significant amount of landscaping in the public right-of-way to the north of the site which is generally not applicable to other sites. Additionally, the City has requested the dedication of right-of-way on the west side of the property for bike path and sidewalk purposes. While each variance request is of an independent nature, the following history is provided for informational purposes. The City Commission has previously approved variances for landscape buffer strip widths at the 17866 Biscayne Boulevard site (the former Lipstik site). The approval was granted because the applicant was providing landscaping in the FEC right-of-way area, which mitigated the buffer strip width on the subject property. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 7 \ The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. There is approximately 15 feet of landscaping within the right-of-way of NE 190 Street and at the intersection of NE 29 Avenue and NE 190 Street. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Reauest #2: Variance from Section 31-221(i)(21 of the Citv's land Development ReQulations to allow a 2 foot landscaped buffer on the north limit. a 4.3 foot landscaped buffer on the west limit and a 0 foot landscaped buffer on the south limit where a 7 foot landscaped buffer alona the perimeter of all vehicular use areas is reauired bv Code. The site plan submitted proposes the following landscaped buffer strips adjacent to the vehicular use areas that do not comply with the City's Land Development Regulations: 1. A 2' landscaped buffer strip at the north property limit, where a 7 foot landscaped buffer is required by Code. 2. A 4.3' landscaped buffer strip at the west property limit at its most narrow point, where a 7 foot landscaped buffer is required by Code. 3. A 0' landscaped buffer strip at the south property limit, where a 7 foot landscaped buffer is required by Code. Section 31-221 (i)(2) of the City Code requires that a 7' landscape buffer strip be installed adjacent to all vehicular use areas. The applicant has submitted a landscape plan which has been approved by the City's Landscape Architect. That plan shows plantings around the building and in the parking area. Although the buffer strip at the north property limit is 2', there is approximately 15' of existing landscaping within the NE 190 Street right-of-way that will give the visual effect of a planting strip. The reduced buffer strip on the west property limit is caused by the conveyance of an easement to the City for continuation of the sidewalk and bikeway on NE 29 Avenue. The 0' buffer strip on the south side is proposed to visually join the paver area on this site with the paver area on the Harbour Centre site. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. 8 The hardship at this location is caused by a number of factors unique to the site. The zero buffer width on the south side of the parking area is proposed to visually join the two adjacent properties to continue the common open space look contemplated by the Town Center zoning. The reduced width on the west limit is caused by conveyance of an easement to the City for sidewalk and bikeway on NE 29 Avenue. The applicant has advised that the reduced width on the north limit will be mitigated by approximately 15 feet of existing landscaping in the NE 190 Street right-of-way. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. While each variance request is of an independent nature, the following history is provided for informational purposes. The City Commission has previously approved variances for landscape buffer strip widths at the 17866 Biscayne Boulevard site (the former Lipstik site). The approval was granted because the applicant was providing landscaping in the FEC right-of-way area, which mitigated the buffer strip width on the subject property site. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Reauest #3: Variance from Section 31-1711a)(6)(a) of the City's land Develooment Regulations to allow oarking soaces measurina 8.44 feet wide where a minimum width of 9 feet is reauired by Code. 9 There are 86 parking spaces provided on site. This number of spaces meets the requirements of the City's Code. Nine (9) of the parking spaces in the northwest corner of the site measure 9.93 feet wide at the middle of the space and 8.44 feet wide at the bottom of the space, where a minimum width of 9 feet is required by Code. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised that the hardship at this location is caused by the shape of the lot. The nine (9) parking spaces affected are located on a curve at the northwest corner of the property. While the nine spaces measure 9.93 feet in the middle of each space, the measurement at the bottom of the space is 8.44 feet due to the curvature of the site boundary at the intersection of NE 190 Street and NE 29 Avenue. The applicant may increase the size of spaces in this area but in doing so, would lose one space and a parking variance would then be required. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are not unique to this site and may be applicable to other locations with similar geometry. While each variance request is of an independent nature, the following history is provided for informational purposes. The City Commission has not previously granted a variance request for parking space size less than what is required by Code. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature; however, the difficulty has been created by the applicant due the size of the building and parking requirements for the use and square footage proposed. The applicant may increase the size of spaces in this area but in doing so, would lose one space and a parking variance would then be required. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 10 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Reauest #4: Variance from Section 31-145(b)(5)(h) of the City's Land Development Code to allow open space of approximately 25% where 35% common open space for use by all residents is reauired by Code. with one-half of that. or 17.5% to be unencumbered with any structure and landscaped with arass and veaetation. where approximately 12% is provided. The TC1 (Town Center) district requires that: "A minimum of 35% of the total lot area of the site shall be provided as common open space available for use by all residents; of this common open space a minimum of one- half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gate houses and associated vehicle waiting areas), or maintenance facilities" . The site plan submitted provides approximately 25% of the lot area as open space where 35% is required by Code and approximately 12% of that space as grass and vegetation area where 17.5% is required by Code. The open space of approximately 25% has been calculated using both planting areas and the paver area south of the building. This paver area is actually required parking spaces. The applicant proposes a pedestrian walk along the east side of the building to connect the sidewalk on NE 190 Street with the Harbour Centre site to the south and with the proposed pedestrian promenade on NE 188 Street. The applicant also proposes seating in the southeast corner of the site for use by pedestrians and building occupants. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised that the hardship at this location is caused by the lot shape and size, the reduction in height (I.e. size of footprint) of the building and the accommodation to the City of a public walkway. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. 11 The conditions are not unique to this site and may be applicable to other locations. Although the applicant is proposing to provide pedestrian connections to adjacent properties, the 35% minimum common open space requirement for use by the public is one of the important components of Town Center zoning and needs to be preserved on all sites in this district. While each variance request is of an independent nature, the following history is provided for informational purposes. Harbour Center, the office building currently under construction, immediately adjacent to and south of the subject property, received a variance for open space by the City Commission. While the Harbour Center property was not zoned TC1 at the time of approval of the variance, the plan was reviewed with some foresight of the town center zoning district concept. Harbour Center requested an open space variance of approximately 50%, however the specifics of the variance was for landscape area. The open space variance was approved by the City Commission because the applicant proposed to provide a rip-rap area along the water, additional landscaping in the right-of- way of NE 188 Street and had worked closely with the City to provide a nice landscape concept plan including a pedestrian promenade area to the canal. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature; however, the difficulty has been created by applicant due the size of the building and accommodation of other Code standards. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. 12 Reauest #5: Variance from Section 31-221 mer) of the Citv's Land Development Reaulations to allow a dumpster site with no perimeter landscapina on the north and south sides. where screenina with walls or fences and landscapinQ is required bv Code. The site plan submitted proposes a dumpster enclosure in the southwest corner of the site, adjacent to the existing lift station. A 6 foot concrete block wall with stucco finish is proposed to enclose the area on the north, south and west limits with a metal door on the east. There is 20 feet of landscaping proposed from the enclosure area to the west limit but no landscaping on the north and south limits. Concrete walls will abut the parking area to the north and the existing lift station to the south. The Code requires that "all dumpsters shall be completely screened from view from the adjacent properties an the public right of way by the use of walls or fences and landscaping material, subject to the approval and standards as established by the Director or designee". The standard of a 5 foot landscape buffer along all sides of a dumpster enclosure has been established. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised that the hardship at this location is caused by the lot size and shape, the reduction in height (Le. size of footprint) of the proposed building and the accommodation to the City of a public walkway on the site. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are not unique to this site and may be applicable to other locations. While each variance request is of an independent nature, the following history is provided for informational purposes. The City Commission has not previously granted a variance request for perimeter landscaping around a dumpster enclosure. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature; however, the difficulty has been created by applicant due the size of the building and accommodation of other Code standards. 13 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. In the event the City Commission wishes to approve all requests for variance for this development, it is recommended that the requests be granted subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . AL TAlACSM Land Title Survey, prepared by Fortin Leavy Skiles Inc., Consulting Engineers, Surveyors and Mappers, Sheet 1 of 1, dated 10/14/97, updated 2/22/02, signed and sealed. . "Northern Trust Bank Building", Site Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., Consulting Engineers, Surveyors and Mappers, dated 7101/01, revised 2/18/02, revised 3/12/02, signed and sealed 3/15102. . "Proposed Design for: Northern Trust, Aventura, Florida", Site Plan, Sheet A-O, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Floor Plan, Sheet A-1, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Ave ntura, Florida", Roof Plan, Sheet A-2, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", North and West Elevations, Sheet A-3, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", South and East Elevations, Sheet A-4, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Details, Sheet A-5, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. 14 . "Northern Trust Bank Building", Conceptual Paving, Drainage, Water & Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and sealed 3/4/02. . "Northern Trust Bank Building", Adjacent Driveway Locations, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and sealed 3/4/02. . "Northern Trust Bank Building", Planting Plan, Sheet L-1, prepared by Kimberly Moyer, dated 1/14/01, revised 3/01/02, signed and sealed. 2. That the site plan be revised to add decorative features to the north side of the dumpster enclosure. 3. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission 15 GAMPEL A VENTURA PROPERTIES, INC. 19495 Biscayne Blvd., Suite 906 A ventura, Florida 33180 Tele: 305-937-0010 Fax: 305-937-0306 January 15, 2001 Ms. Brenda Kelley City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 RE: Northern Trust Bank Building Dear Ms. Kelley: This letter will serve as our LETTER OF INTENT for the above referenced project. The intent is to build a 23,792 square foot, Class A, one-story office building, with our major tenant being Northern Trust Bank. Our design will be consistent with the character of the Town Center area, including upscale landscaping. The proposed building will be a credit and enhancement to the area. We will need a Conditional Use Approval. Northern Trust Bank has concurred that they will use no more than 3792 square feet for "public access" and/or "customer contact" type areas. The remaining space will be used as office. At some time in the future, Northern Trust intends to take the entire space in the building, but all expansion space will be used as office space. Northern Trust Bank is an asset to this community, as it is one of the outstanding Trust companies in the country. We are proud to be involved with this fine institution and the City of Aventura. Very truly yours, GAMPEL A VENTURA PROPERTIES, INC. ~./( t%-- Margo G. Absher, Vice President EXHIBIT #1 02-CU-02 03-V AR-02 GAMPEL A VENTURA PROPERTIES, INC. 19495 Biscayne Blvd., Suite 906 Aventura, Florida 33180 Tele: 305-937-0010 Fax: 305-937-0306 March 18, 2002 Ms. Brenda Kelley City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 RE: Northern Trust Bank Building Dear Ms. Kelley: This letter will serve as our LETTER OF INTENT regarding variances for the above referenced project. The reduction in height of the proposed building coupled with the accommodation to the City to provide a public walkway has necessitated these variance requests. In addition, due to the lot size and shape oflot we are requesting the following variances: 1. Reduced setback to parking area (Section 31-171(a)(7)) Reason: On the North side of the property there are 20 feet oflandscaping in the right of way, therefore visually when one drives by they will see 20 feet of landscaping. One the west side we felt it was important to have 7 feet of landscaping in front of the building, therefore being 1 foot short of the 10 foot setback. 2. Reduced open space requirement as per TC-I zoning district (Section 31- 145(5)) Reason: We have tried to comply as best we can to give'an open feeling to the area. 35% open area is required, and we have provided 31.50%, which is quite close. We have added a view corridor on the east side of the building with a beautiful pathway, which leads into an open area with no parking, where we will have benches for people to sit on and have lunch or just relax outside. The whole area will have a very open, welcome feeling. We felt it was very important not reduce the amount of parking to create more open space. On the North side ofthe property there are 20 feet oflandscaping in the right of way, which adds to the feeling of open space. Because we are a comer lot, we have provided two EXHIBIT #2 n?r.II_n? means of ingress and egress, which gives the site more accessibility as well as lessening the traffic in anyone area. The height of the building is lower than our office building neighbor to the south, and accordingly it causes a larger footprint for the structure. We believe that a low rise office building on the site will not intrude with our residential neighbor to the east and will have a softening effect as automobiles arrive at this intersection. 3. Reduced perimeter landscape buffers (Section 31-221(i)(2)) Reason: On the south side we have omitted the landscaping so as to match Harbor Center. We are using the same pavers so that our properties will join visually. On the north side of the property, the right of way has 20 feet of landscaping; therefore visually there will be 20 feet of landscaping. On the west side, we are conveying a 10-foot easement to the city, 6 feet for a sidewalk and 4 feet for a bike path. That is the reason for the slightly reduced landscaping on the west side. 4. Reduced parking space size in the northwest comer of the site (Section 31- 171 (a)(6)) Reason: There is a unique condition on the northwest comer of the property because the parking spaces are on a curve. In order to meet the parking required by code (which we feel is very important), these 9 spaces are 8.44 feet at the entrance to the space instead of9 feet. However, these spaces are 9.93 feet at the midpoint of the space where one opens their door to leave their car. The proposed low scale development will be an enhancement to our City of Aventura. We believe that we have complied with the City's standard of review of variances contained in Section 506.5 ofthe Code and the requests will not be detrimental to the public welfare. We thank you in advance for working with us on this very exciting project. Very truly yours, GAMPEL A VENTURA PROPERTIES, INC. '~~~tf?~ ~ /' ./ ~. Margo G. Absher, Vice President BROWARD COUNTY ...-.-.---. DADE COUNTY MIAMl GARDENS DR. ~ :r: w X i5 s: .. :. ;' :. :. :. .. ;. :. .. :. :. :. :. :. :. .. ;. :. :. .. :. :. :. :. .. :. :. .. ;. :. :. :. :. .. :' :. .. i' .. :. :. :. :. ;. :. .. ;. .. il .. :. :. :. ,:. {---- -! ...... ". -.,.r1a......"._"I.-:=. ~ ..._._ . .....,................,........... ~' Gulfstream YACHT CLUB DR. . Park I MARINA · COVE · CIRCLE · . \~f." IN"'! : . . . . . . . . . . . . . . . . . ----/ ( r-: uj \~ \", I v iL; I \ WATERWAYS BL\LILJ Waterways Shoppes 207 ST. COUNTRY CLUB DR. AVENTURA ",-"Q. Fire I 1<.1 Rescue Aventura Station Library Aventura Police Department Aventura Mall 192 ST. 192 ST 191 ST. LEGEND e ...... Roadways City Boundary ZIP Code Boundary Railroad ~ EXHIBIT #3~ 02-CU-02 -- ci > ...J III Z <( w o o ~ ...J III Z U'j o o Atlantic Ocean I EXHIBIT #4 02-CU-02 nO) HAl:) n" EXHIBIT #5 02-CU-02 03-V AR-02 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT OFFICE AND BANK USES IN THE TC1 (TOWN CENTER) ZONING DISTRICT; GRANTING VARIANCE FROM SECTION 31- 171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT SETBACK OF 2' ON THE NORTH PROPERTY LIMIT AND 9' ON THE WEST PROPERTY LIMIT WHERE A 10' PARKING PAVEMENT SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-221(1)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 2' LANDSCAPED BUFFER ON THE NORTH LIMIT, A 4.3' LANDSCAPED BUFFER ON THE WEST LIMIT AND A 0' LANDSCAPED BUFFER ON THE SOUTH LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31- 171(a)(6)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW PARKING SPACES MEASURING 8.44' WIDE WHERE A MINIMUM WIDTH OF 9' IS REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31-145(b)(5)(h) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN SPACE OF APPROXIMATELY 25% WHERE 35% IS REQUIRED BY CODE, WITH ONE-HALF OF THAT, OR 17.5% TO BE UNENCUMBERED WITH ANY STRUCTURE AND LANDSCAPED WITH GRASS AND VEGETATION, WHERE APPROXIMATELY 12% IS PROVIDED; AND DENYING VARIANCE FROM SECTION 31-221(1)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DUMPSTER SITE WITH NO PERIMETER LANDSCAPING ON THE NORTH AND SOUTH SIDES, WHERE SCREENING WITH WALLS OR FENCES AND LANDSCAPING IS REQUIRED BY CODE, FOR PROPERTY LOCATED AT 18901 NE 29 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the applicant, Gampel Aventura Properties, Inc., through Applications No. 02-CU-02 and 03-VAR-02, is requesting: Resolution No. 2002-_ Page 2 1. Conditional Use approval to permit office and bank uses in the TC1 (Town Center) zoning district; and 2. Variance from Section 31-171 (a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 2' on the north property limit and g' on the west property limit where a 10' parking pavement setback is required by Code; and 3. Variance from Section 31-221 (i)(2) of the City's Land Development Regulations to allow a 2' landscaped buffer on the north limit, a 4.3' landscaped buffer on the west limit and a 0' landscaped buffer On the south limit where a 7' landscaped buffer along the perimeter of all vehicular use areas is required by Code; and 4. Variance from Section 31-171 (a)(6)(a) of the City's Land Development Regulations to allow parking spaces measuring 8.44' wide where a minimum width of g' is required by Code; and 5. Variance from Section 31-145(b)(5)(h) of the City's Land Development Regulations to allow open space of approximately 25% where 35% is required by Code, with one-half of that, or 17.5%, to be unencumbered with any structure and landscaped with grass and vegetation where approximately 12% is provided; and 6. Variance from Section 31-221 (i)(7) of the City's Land Development Regulations to allow a dumpster site with nO perimeter landscaping On the north and south sides. where screening with walls or fences and landscaping is required by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit office and bank uses in the TC1 zoning district is hereby granted exclusively to the Applicant. subject to the conditions set out in this Resolution. Resolution No. 2002-_ Page 3 Section 2. Application for Variance from Section 31-171 (a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 2' on the north property limit and 9' on the west property limit where a 10' parking pavement setback is required by Code is hereby granted exclusively to the Applicant, subject to the conditions set out in this Resolution. Section 3. Application for Variance from Section 31-221(i)(2) of the City's Land Development Regulations to allow a 2' landscaped buffer on the north property limit, a 4.3' landscaped buffer on the west limit and a 0' landscaped buffer on the south limit where a 7' landscaped buffer along the perimeter of all vehicular use areas is required by Code is hereby granted exclusively to the Applicant, subject to the conditions set out in this Resolution. Section 4. Application for Variance from Section 31-171(a)(6)(a) of the City's Land Development Regulations to allow parking spaces measuring 8.44' wide where a minimum width of 9' is required by Code is hereby denied. Section 5. Application for Variance from Section 31-145(b)(5)(h) of the City's Land Development Regulations to allow open space of approximately 25% where 35% is required by Code, with one-half of that, or 17.5%, to be unencumbered by any structure and landscaped with grass and vegetation where approximately 12% is provided is hereby denied. Section 6. Application for Variance from Section 31-221 (i)(7) of the City's Land Development Regulations to a dumpster site with no perimeter landscaping on the north and south sides, where screening with walls or fences and landscaping is required by Code is hereby denied; Resolution No. 2002-_ Page 4 All above Sections on property legally described as all of Tract uP", Marina del Rey Revised, as recorded in Plat Book 144, Page 89 of the Public Records of Miami- Dade County, aka 18901 NE 29 Avenue. Section 7. Approval of the requests above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . AL TAlACSM Land Title Survey, prepared by Fortin Leavy Skiles Inc., Consulting Engineers, Surveyors and Mappers, Sheet 1 of 1. dated 10/14/97, updated 2/22/02, signed and sealed. . "Northern Trust Bank Building", Site Plan. Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., Consulting Engineers, Surveyors and Mappers, dated 7/01/01, revised 2/18/02, revised 3/12/02 signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Site Plan, Sheet A-O, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Floor Plan, Sheet A-1. prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Roof Plan, Sheet A-2, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", North and West Elevations, Sheet A-3, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", South and East Elevations, Sheet A-4, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Details, Sheet A-5, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Northern Trust Bank Building", Conceptual Paving, Drainage, Water & Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and sealed 3/4/02. . "Northern Trust Bank Building", Adjacent Driveway Locations, Sheet 1 of 1, prepared by Fortin Leavy Skiles. Inc., dated 12/27/01, signed and sealed 3/4/02. . "Northern Trust Bank Building", Planting Plan, Sheet L-1, prepared by Kimberly Moyer, dated 1/14/01, revised 3/01/02, signed and sealed. Resolution No. 2002-_ Page 5 2. That the site plan be revised to add decorative features to the north side of the dumpster enclosure. 3. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 8. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 9. 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 Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No. 2002-_ Page 6 PASSED AND ADOPTED this 2nd day of April, 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 April, 2002. CITY CLERK o APPUCANTREPRESENTATIVE AFFIDAVIT P\IsUaIIt ~ SectIon St-71(b)(2)(l) olllle CIty of AvenIIn. Land DevelopmenlCode.lhIs ApplIcant Repl8S8l1lative Affidavit Is hereby made andwbmltled. The IIlC1e1sl11lledllUlhollzed~ oflhe ilCIlvlduaI or entity applylngtorllle Development Permit, v.1llch Is ldentlfied ~1Ile ~ application, and Ihe owner of the property stbjecttl the appIlcaIIon (if dIlIer8nt) I1ereby Ists and klentifleS aI peISOllS representing Ihe r.divIdual or entity appIylng lor Ihe Development PelmIl ~ c:onnectionwl1h lie application, es follows: Name ReIa/Jonsh4l /I."~ MnlecIr, I..MdICIpo MnlecIr, ~~ Et:.) 4 TtoAIit?-1 S\C\Iil..~ ~. Pt:t:ttf" , (AIIaCh AddItlonaISheets If Necessary) Nance: AIfi STATEMENT OR REPRESerrATION MADE: BY ANY PERSON USTED ON THE: APPUCANT REPRESE:NTATlVEAFADAVlTSIWJ. BEBI~D1t4G UPON THE INDIYI.DUAL QRE!fITIY APP.LYlNGFOR THE DEVELOPMerr PER.MIT AND THE ()WNERQF THE SUBJECT PROPERTY. APPU~AND.AFFlAff1$ ARE ADVlSE:1) r() nMaL:Y ~UPPLEMENT '!'HIS AFADAVlTPURSUANT TO SEe. 3H1(E1)(2)(IV,) -()FTHE an"$lAND DEVELOPMI:NTREGQI-ATlONS lNTI:lE CITY <:aDE,IN THEtVENTTHATPRIOR TO oCONSIDERA110NOFTHE APPUCATlONBY THI:CITY BOARD ORCOMMISSION,THE INFORMATION PROVIDED IN THE AFADAVIT BECOMES INCORRECT OR INCOMPLETE. --- .2001. OWNER Ch'J/l'IPEl. /l-v,....h-.....fr4jlt2...heS,'Jn<!., L.---;-- By: / (8 rei #. Name: rtR6-6 t5. &..rile.; Title: .lm If? /lR.a " ,(/,_1- Address: /9if'1J' tI;.st~~A/vd. ;(};fV1t..h-?A, EL. )~JJ-O l _ . WITNESS MY HAND THIS _ DAY OF ~RIZEO REP By:~ Qj. ~ . Sf"", (8i ~~e) TItle: An" 01 Address: d-DDO ~T 0U~1I ?-W. c.w~ M~/"'I~I K- :Q?Jl~{ STATE OF FLORIDA ) COUtm' OF MIAMI-DADE) fJ-r G Before me the undersigned authority p,ersonaIly eppeared~~I3.~ \he a Applicant and/Or \he owner of lie propertY sub]9ct to the application, who belng 11m by me duly swo ex8cuted this Affidavit for \he purposes stated therein and thattt is true and correct. . 9 ~ . . \., AFFWIT SWORN TO AND SUBSCRIBED BEFORE ME this L day of III.iA.l'A/ . ~ . .- . _ dJl7~ -!.//L ~...<0 G) SELMA M. CURTIS iQotary . 1'ubIIc Slate of FlorIda />J.large MY COMMISSION II 00 _, Printed Name of Notary EXPIRES: OcIobef 23. 2005 My commission expires: 1<<J04.NOTAAY A.. Not.y SIMoI & Bonding, Inc. F APPUCANT: !aliVe of the that helshe :0 BUSINESS RELATIONSHIP AFADAVIT* ThIs Midavlt Is made ~ to SectIon 31-71(b)(2)(ll) of IheClty of Aventura land Development Code. The IIlderslgned AIflant henlby dlscbse$1Iat (markYilth 't' appllcable portions only) , A1f1a1ll does 1!!!1 have a Business Relationship with any member 01 the CIty Commlsslon or any CIty hMsory Board m whlch'the epp&caIIon wIU be presented. Alfianthereby discIoseslhat it does have a Business Re\ationshlpYilth a member 01 the CIty Commission or a City IIdvIsoryBoard to YAllch the appriC8.tion will be presented, as 1olIows: {list name .of Convnlssloner or AdvIsory Board Member) who serves on the {list CIty Commission or CIty NJw.ory Board upon which member 'i(f1. I J2. , serves). The nature of the Business Relationship Is as lollows: M8Il\berofCilyComm1sslon or Board holds an ownership klIeres\ In excess 011 % 01 mtal asse1S or capIta1stock 01 Applicant or Representative; Mel1lber of CIty Oommlsslon or Boardls a par1ner. ~ (as to sharas ola~tion whlChare not 1Istedon any nationator regional stock exchange) or Iolnt venllJrerYilththe AppDcantor Rep~tIve In any business venture; , The~pll<:ant or Representative 1s a GUent of a member 01 the .CIty Commission or Board or II Client of~pthefilfo'ess~ working from the same offlOO or for the same employer as:the member of the City Commission or Board; AOiIyCommlsslonerorBoard member ,Is a Clientol1he Appllcantor Representative; The AppUcant or Representative isa CusIomerolthememberof the City Commission or Board (or 01 hls or her employer) Md transacts more than.$1 0.000.00 of the bUSiness ol1he member 01 the City Commission or Board(orhis orheremployer)1n a given calendar year; The. tnelllberolthe City Commission or Boardls a Customer 01 the AppUcan\.orRepresentativeand ~ more than $25.000.00 of the 1luslness 01 theAppllcant or Representative In a. given ca1eil<lar year. W\lNESS MY HAND THIS _DAY OF .2001. APPUCANT:G/'l?'l'l'e2.. ,/9-Jbtt.f1v.;<,. /7/U>(f<?--r-h-es1 ~ . ~~A;.~.<:Jf~ ~re) TItle: 1', (PdnQ W\lNESSMYHAND THIS _DAY OF PROPERlY OWNER: By: S"'~ Name: l1tle: (ll (In. un!. Illv. (lv. {I vi. .2001. (Signature) (pdnQ (Print) . '11Je tenns 'BusIness Relallonshlp," "ClIent," "Customer," "Applicant," "Representative" and 'Interested Person" are delin6d In SectIon 2-395 01 the AVI!IlWIll CIty Code. . '" WIlNESSt.lVHANDlHIS Ie DAY~~W . 2OQ2, REPflESENTA1lYE: ~ Rela1Ionshlp Affidavtl) 8y;~ ~. .~ ~.P~ 11lIe: A\'iOP4I M .(prinQ (SJgiIallire) tpdnt) (pi/IlQ By: (SIgnature Name: (PrfnI) 11Oe: (PMQ By: (SIgnature Name: (print) 11Oe: (PtlnI) By: (SIg(lalure Name: (PdnQ TItle: (Pdijf) By: (Signature . Name: (Pqnl) Tille: {Pdfll} By: (s!gnature Name: (Print) Tille: (~.fInt) By: (S1g~ture .Name: (PjInt) 'TlUG' ((".fInQ ." (Signature) (Pilnt) (PdnQ . (Signature) . (Print) (piinl) (SiPnature) ;(pm/) (Pdnt) (SJUitaWre) -,." - - (!'dnfJ (fi1r!V NOTE: .....:...-...........'.'..... .... . 1)USed~P"AA~~1!e$]If~~1QS~~I00nlOfRepresenta~vaf\eS. 21'1\l\p~t,S~.~~~~~~\j1l!1y.s""p~~1l)1s.~aYJtl!urs~t~~ij(j. a1,r1@<~ 01 tile ~S~d~y~lO.p~J~~~Jr.I."e~COde,1n~eeyelit:!!1l\fP9r't,O~P!l@!I~.()I~~.~pllca~ llyll\e'tilty(~\Ot~IiI1$1lJOI\i~e*'lq,rml1lon..provlded.\nlhe All\daVltbecoll\es -I!\q<lfl'!lClor.Jr.I~II\P~ . - ( . . NOTARlZAll0N PROVlSIQN STAreOf'R.OAlDo\. I OOIJ(1YOf'MW~ BetlN me. III lIldelsIgned 1U01ocly. pelIllIldy appeaIId Q.'\M~ Jl;. JJ:J:u III AIIianl. MlO ~me ckAy IWOlII, dll _ or alfirm tlal lMhe IIIlCUlIld Ills AlfidavllorfllJlUlllOlllIlalld IIelIlIn and tlal k II Nland c:an9d. ~ 20#~ ~ NlIcSIa!I d.~N.Luge M{) SWORN T G) SElMAM. CURTIS MYCOMMISSlON# OO0e685' EXPIRES: OcolIler 23. 2005 101CJO.3.NOTMV A.. Ncury SIMcI & 1Iordng, tnc. ~!lImo d.NoWy My con.,". upIi'es: , STATE Of R.ORlDA I . .COUNTY'Of Io1IAM1'llAIlEl BetlN....1l8 undecsIgnod 1U01ocly.1"'lIOi1aIy ~ hoIIhe 1l8CUlId1hlo AIIidavllorlllpuqlOSlS_ _and flat k IINland c:an9d. III AIIianl. MlObelnglr1l by me duty IWOltl, did-.r or IIIirm tlal N'flANT SWORN TO AND SU8S()IIIBEDbelln me thls_ day II. .2001. NdtaJy Nliic Stalll oIf1cx1ila N.1.aJge Pfil~~oI.N9fSJy I.ly~.'l\lfes: STATE()f~ .J OOIJ(1YOFM\lIM1,QADI'l 1lellnmo, lheunileJSilll'oOd caulhoIIty,jlElllOi1aly appeared hoIst1e ...c:ulS<{111sAlrodavlllorlhecpurposeSstilled 1liOi!l1n and Mils true and c:an9d. lheAffian~MlObei1g 1iI1lltly me duly IWOltl, did owear orafl'll1IIlhet ,6,ffIANT SWORN TO AND SUBSCRIBED belln me tlls _ dayd. .200t. NdtaJyP~Stalod. ~N.1:aJve p~f!!8!l\'lolllQllly I.1Y-~!.I~upIi'es: STATE OF l'IDRIDA ) .~.oF".iAMHlADEJ 1le.,..me,....UlCIerIlgned authortty.~appeaIId. hoIst1e oXlClillldI11s .Atfidavll1or:lhe puq>oses otatod.....lnand thBl k Istueand cOqod. lheAft'oant, MlO lloIngfil.tby mo .duly IWOltl, dId_.or efl'll1IIlhel . AFfIANT SWORN TO AND SUBSCRlBEDbelln me I11Is ~ day 01 .2001. . NOlIIy p,,* SIa1I II. _"'Lorge PMtodlWnillf NoWy MyCoo,<Ti:.tIOc,'~ - APPUCANT REPRESENTATIVE AFADA VIT Pursuant to Section 31.71 (b)(2)(i) 0I111e City of A_lura Land Development Code. this Applicant Representative Affidavit is hereby made and submitted. The lRleIsigned authorized representative of lhe individual or entity applying for lhe Development Panni\, which Is identifIed in lhe accompanying apprlClltion. and lhe owner of lhe property sOOjecl \0 lhe application fd different) hereby lists and identifies aU persons representing lhe ildividual or entity applying for the Development Permtt in connection with lhe apprlClltion, as follows: Name Relationship (I... A/lOmeys,-'lAndscape -. EngIneeIs, l.DbbyIsts. fIC.) C /v ;( ,E" 1f.t?/~ f>~- ",. Ca.r/ L. SA-; Ie?, I'?,e. (Al\ach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFRDAVIT SHALL BE BINDING UPON THE INDIVIDUAl OR ENTITY APPLYING FOR mE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFFlANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFtDAVIT PURSUANT TO SEC. 3Hl(B)(2)(IV) OF THE ClTY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFRDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS 22. DAY OF ;:::- ~ h . .~ OWNER G/"tI?7I'C'7... fiv<U1 fl<-..A. l?t"fl2.A."s-,t..~ BY:~ 51 ~ Jl!lt6e( Name: <,...c G. rJ-&$> It ee tJ:rint) ~ /1 / Trtle: IC-L ; ~ Address: 19'f~J r::t'tSr.~)oI/. A1-vh-~"'- FL. s7';SC I By: (Sig ture) Name: Carl l.. .51. ;le.s .re. 2nt) / Tille: P~..Tj eo,-I- Address: % ;0"./,[;, . L-&t II g- 5k ;~.r.z;.~. l(le HE "I{. ffJ / h ,/ v,,#-'#"'t..~7~...... I 9r~G~ PI- STATE OF FLORIDA ) ") f!j/~Z COUNTY OF MIAMI-DADE) Before me 1I1e undersigned authority personally appeared ~ as lhe authorized representative of the Applicant and/or 1I1e owner of lhe property subject to 1I1e application, who being first b~m. llill swear or affirm that he/she executed lhis Affidavit for lhe purposes stated therein and that tt is true and correct. ~ ~~ AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME 1I1is~ay ot Fern tary-, 20CZ ~n' a F)Ol\AM Notary Public State of Florida "lLarge Printed Name of Notary'iLM.~ &:\R~~ My commission expires:~. ':\ I ~~ "'6' Renee FIessor *~ *Mv CommIssIon CC773097 ~~~ ExpIres September 7, 2002 II BUSINESS RELATIONSHIP AFFIDAVW This Affidavit is made pursuant 10 Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code. The oodersigned Afflllllt hereby discloseS lhat (mark with '"/' applicable portions only) (]1. AfflSllt does not have a Business Relationship wi1h any member of the City Commission or any City Advisoly Board 10 which the appl'ication will be presented. A1flSllt hereby discloses that ~ does have a Business Relationship wi1h a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: iT ~l'"C)' .f e yo J 0 'Il (List name of Commissioner or Advisoly Board Member) who serves on the , (List City Commission or City Advisory Board upon which member serves). ( ]2. <. The nature 01 the Business Relationship is as lollows: IIi. (Iii. [liiL Xiv. (I v. Member 01 City Commission or Board holds an ownership interest in excess of 1 % of total assets or capltal stock of Appl'icant or Representative; Member 01 City Commission or Board is a partner. co-shareholder (as to shares of a corporation which are not risled on any national or regional stock exchange) or joint venturer wi1h the Applicant or Representative in any busineSS venture; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another prolessional working from the same office or lor the same employer as the member 01 the City Commission or Board; A City Commissioner or Board member is a Client 01 the Applicant or Representative; The Applicant or Representative is a Customer of the member 01 the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member 01 the City Commission or Board (or his or her employer) in a given calendar year; The member 01 the City Commission or Board is a Customer of the Applicant or Representalive and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. W\1NESS MY HAND THIS_DAY OF .2001. APe~..' '611/'711'61.- ;fve--JU--?Po.. f'~)~"""'C(, ..J-ytc.. By: ~ #' / ,L < ~He:; (S~nature) Name: _ _;0 r;... ___ (pmt) Tille: . . (Print) [) vi. ,2001. WIlNESS MY HAND THIS _ DAY OF PROPER1Y OWNER: By: ~ Name: Tille: (Signature) (Print) (PrinQ . 'The leons "Business Relationship,' "Client,' "Cusfomer,' 'Applicant,' 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventum City Code. WITNESS MY HAND THIS Z. Z. DAY OF PC';. .200e. REPRESENTA~~~ Relationship Affidavit) By: (Signature By:~ rgnature) Name:!!."./ L.. '5k.f~s (Print) Name: (Print) Title: /..es') Fk7. Ih.G. (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) . Title: (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tille: (Print) NOTE: 1) Use duplicate sheets If disclosure Infonnation for Representative varies 2) Applicants and Afflants are advised to timely supplement this Affidavit pursuant to Sec..aH1(b)(2){lv) of the City's Land Development Regulations In the City Code, In the event that prior to consideration of the application by the City Board or Commission, the Infonnation provided In the Affidavit becomes Incorrect or Incomplete. NOTARIZATION PROVISION STATEOfR.ORl[l,l. ) COUNTY Of M1AMHlADE) Belcxe me, lie undelSigned authorIly. personaly ewearecS Q:lrl L. S tj les lie /lfflll\l, who beilg fiI$\ by me ~ sworn, cfld swear orllfll1llllat heIshe tIOlOJIsd this /lfftdavit foflle puIpOSOs stated 1Ie..1n and Ilat lis we and conecl d./ K ~ AFF1ANT SWORN TO AND SUBSCRIBED belcxe me this aa day 01 \='(' kn nty 2lXJt. ,-; ~ Renee Fleasor ~O I'\i 0 r to ANVI *~; *MoJ CommIaalcn CC773097 Notary P~ State of FIolida Ml.aIge ~~~ "R~OU C:lf'!O:c:N' ......... ExpIres September 7.2002 Printed Name 01 Notary My CXXMlission ollpires: St.p\. -:r.a.OO~ STATE Of R.ORIDA ) .COUNTY Of t.IIAMl.oAllE) Belxo me. lie undolSigned authorIly. personaly ewearecS heIshe tIOlOJIsd this Allidavil fof lie pUlpOS8S stated Iholllin and thatlls We and conecl \he /lfflll\l, who beilg fiI$\ by me duty sworn, did swear or Iffll1ll Ilat AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .2001. Notary Public State 01 FIolida Ml.aIge Printed Name of Notary My CIllMlisslon expires: STATE OF R.0RI0A ) COUNTY Of MW.lI.oADE) Before me, \he undelSigned outhority, pernonal1y appeared heIshe exearted this Affidavit for \he purposes stated 1Ie..1n and that k Is llUe and correct the Affllln~ who beng first by me duly sworn. did swear or alfurn Ilat AFFiIINT SWORN TO AND SUBSCRIBED before me this _ day of .2001. Notary Public State of FIolida Ml.aIge Printed Name of Notary My CIllMlisslon ellplres: STATE Of R.ORIDA ) COUNTY OF MIM\I.oADE) Before me, \he undersigned authorIly, personally appeared heIshe oxearted this AffidaVIt foe \he purposes stated 1ho..1n and Ilat k Is true and conecl \he Affllln~ who being rust by me duly sworn, did swear or alfurn Ilat AFFIANT SWORN TO AND SUBSCRIBED belore me this _ day of .2001. Nolary Public Slate of FIolida Ml.aIge Printed Name 01 Notary My CIllMlisslon ellplres: ... . APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(Q of the City of Avenlura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the in<flVidual or entity applying for the Development Permit, which is identified i1 the accompanying application, and the owner of the property subject to the appflCation fd lflfferent) hereby ists and identifies all persons representing the individual or entity applying for the Development Perm~ i1 connection with the application, as follows: 1t:u Mzf Cb k!wJM~ Relationship p... AIIome)'S. An:Mec:ts, Lendscepe An:1IIIec:Is, EngiIee,.. ~ Etc.} ~llitG" Name (Allach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHAlL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFRANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B){2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS -k- DAY OF ----.f.f' h ,200~ ~ ~ OWNER GI'V"Pt,- /hI~e"'-hvt^ (rt.O',,_hefJr: By: L/Z'~y J._ (s;Jur{f /7 /1.-- _. Name:~ Q:. ~ . (frint) /7. _ iJ / Tille:_V rtL P./U-dt({~ ~ Address: Il~ ArJ (~ 1Jw, jh;~({. Pc- ~S/po By: Name: Tille: - ~4~ Address: ~~c- \vUJ 1~~ (~-f\1.,e"f".~~. ~(I ~. .,>~olt;:. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore me the undersigned authority personally appeared as the authorized representative 01 the Applicant andIor the owner of the property subject to the application, who being first by me duty sworn. did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that ~ is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this _ day of AFFIANT . 2001. . Notary Public State of Florida At Large Printed Name of Notary My commission expires: . " ,~~~ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 3Hl(b)(2)(ii) of lIIe City of Aventura Land Development Code. The undersigned Affiant hereby discloses \hat (mark with '''' applicable portions only) Xl. AffIant does not have a Business Relationship with any member of lIIe City Commission or any City Mvisory Board to which lIle application will be presented. AffIant hereby dIscloses lIIat ~ does have a Business RelationshIp with a member 01 the City Commission or a City Advisory Board 10 which the application WIll be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (LIst City Commission or City Advisory Board upon which member [ ]2. serves). The nature of the Business Relationship is as follows: IIi. II ii. II iii. [] iv. [lv. Member of City Commission or Board holds an ownership interest in excess of 1 % of Iotal assets or capital stock of Applicant or Representative; Member of City Commission or Board is a partner. co-shareholder (as 10 shares of a corporation which are not fISted on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another prolessional working from the same office or for the same employer as the member of lIIe City Commission or Board; A City Commissioner or Board member is a Client of the Applicant or Representative; The Applicant or Representative is a Customer of the member 01 the City Commission or Board (or of his or her employe~ and transacts more than $10,000.00 of the business of the member 01 the City Commission or Board (or his or her employer) in a given calendar year; II vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. THIS.it... DAY OF . "2..o0~ rf-GCAf (Signature) ~ \ \ . (Print) (Print) WITNESSMYHANDTHIS 1r"'t'lDAYOF Feb. PROPERlYOWNER:..r-fil'p!i(>a-x-r - (;""YI"f'El- /In-7'~A ~e:7z:z/!-C(~}(t'~ f~~~ture) TItIe.~ (Print) By: Name: Title: ~_c 't- QX ff~'MI,'t!J / 0-.c. 'The leons 'Business Relationship,' "Client,' "Customer,' 'Applicant,' 'Representalive' and 'Interested Person' are defined in Section 2-395 of the Aventura City Code. NOTARIZATION PROVISION STATE Of FI.ORlOA ) COUNlY Of MIAMI-DADEJ Be"'"' me, ... undersigned autl1orily, persooaly awearad ).o(h IW-;;\ ~l8n~ by me duly sworn. crld &W08C Of alfll111llat heIshe ,xac:u18d!his AffodaYit foe... pu<poS8s stated .....In end lhat I is kue end lXlITed: ~ SWORN TO AND SUBSCRIBED be"'"' me !his !JLdaYof r:e b .2lIM:'"'" 'VX> ,f7t ~'~,.., SHERlC.ADlER ~ ~ ~~ MVCOMMISSlONICCN3541 Nota PIbIic,Sla r ~. . i EXPIRES: August 16. 2003 Pooted Name of Notal)' All . ~l\l.'" --.............- Myc:ommissionalCplres: 21/, !pI 0 3 STATE Of FI.ORlOA ) .COUNlY Of MIAMI.oADE) _ me, ... undersigned authority, persooaly appeared heIshe IlIllCUted !his AIIidavll foe... PUlJlOSOs stated _In end that I is "'" end 00ll9CI. the AffI8l1t. 00110 being i<st by me duly sworn. did &W08C Of alfll111lhal AFAANT SWORN TO AND SUBSCRIBED before me this _ day of 2001. NolaI)' Public Slate of Florida 1J.l.erge Printed Name of Notary My commission ellpires: STATEOFA.ORIDA I COUtm' OF MIAMI'()ADE) Before me. the undersigned euthorlty, personaUy awearad heIshe exeaJted this AffldaYit for... purposes stated the..1n and lhat lis true end correct. the Alfl8n~ 00110 being rust by me duly sworn. did swear or elfllm thaI AFFIANT SWORN TO AND SUBSCllIBED before me this _ day of 2001. Nolaty Plblic State of Florida 1J.l.erge Printed Name of Notary My commission elCpi:as: STATE Of R.ORIDA I COUtm' Of MIAMI'()ADE) Before me, ... undersigned authority, pe......lIy appeared heIshe axeaJted this AffodaYit lor the purposes stated .....In end lhat I is true and 00ll9CI. the AffIOl1~ 00110 being rust by me duly sworn. did swear Of elfllm thet AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 2001, Notary PlbIic Slate of Florida 1J.large Printed Name of Notary My commission expires: MAR-21-2UUlIIHUj 17:5U GAMPtL UKGAMIZAIIUN ImljU)Yf/UjUb P. UUl/UU4 . APPLICANT REPRESENTATIVE AFRDAVIT Pursuant 10 Section 31.71 (b)(2)(Il of 1110 CIty of A\IllIlIura land Developmllnl Code. INs Applicant F\eprel;enlaUve AlIIdavlt Is hereby made and submltted. The undersigned au1harized represenlallve oIlhe individual or enlily applyilg lor lhe Development Pennit which Is ldenlif"led In \he accompanying application, IIIld 1he owner 01 \he properly subjecl \0 !he appI"lC8lioo Cd dilfaronll hereby Iis1s and IdenIilles all persons repmllllllng Ihe lncIivlduaI or enlily applying lor 1he DevelOpment PermU In conneclion wllh 1I1e application. as lollows: c:..H\Z-I~1O~ He6>G~! Relalionship (I... AIlom.jIS, An:I1-' u.rIsc8pD ArdllieclJ, Engino....l.Dbby/sIr. EI~I ~NGUJ~ Name (Altach Addillonal Sheels If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTAnvE AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPl:R1Y. APPLICANTS AND AFFlANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AffiDAVIT PURSUANT TO see. 31-71(B)(2)(IV) OF THE ClTY'S LAND OEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS -hL DAY OF MAP" H 2OOt-. OWNER (, By: ,--,- c {S; lure Name:U" 6-~ G-. /JrJ7I~ 11tIe: V~rin} . Address' f?cr'fr- a.rr'7"-<-tfS/v.::!. /h h-h--t..... f-' L OJ] l,po fif'l'l'l::'- /!v~1U-uf-4".ha"Fn- AU1HORIZED REPRESENTATIVE OF APPlICAN"r: , By: ~~ w~ (Signalura) ., Name: C-HIZ-IS'TbPHeJL. w. t-\e6GeN TItle' t~NSmA'T\/lN ANM-'1ST Address: jqMte'I- HO(ZJ4 AN(J ~'OCI A"-c?J, INC 4+3>\ e:=-MS~PeJl-C t>A.~V'Ef wes.,. P,It-\..M ~e:-'\"C..I-t, F'- ~t~~~:toAD~ '334<' \ Before malha underslgned authority personally appeared (' ~,. .. Jk...~ \he authorized representatIVe of the Applicant andlor the owner 01 the property subject 10 Ihe applicaUo~first by -~"'cl'uIY sworn, did swear or affirm lhat he/she exewted this Atfidavitlor lI1e purposes stated lhereln and that It Is lrUe and corr9CL (' ft ~ tJ ~ SWORNTOANDSUBSCRfBEDBEFOREMElhi?tr:kyol fl~..I) ~ - 1l..+J- #<)O'~ - MaryAnn Patterson ~ ~.. :!Or MY COMMISSION # DO 027385 1"1'",,",", EXPIRES: June 19, 200S 1<<O-:J.+fOTAR't A..NlM}s.w:.&BorDng,Inc, Nolary P 0 Slate of FIorida~ ~ Prinled N e of No1aly rn My commission elql~es: &. ('" . IAK-ll-lUUl\IUUj . ,..,....~ 1~:Ul ~ADrtL UKtiANllAllUft r.UU),UUJ ItAA) )UJnIUlUO BUSINESS RELATIONSHIP AFFlDAVIT* This A1fodavit Is made pUlSuanllo 5eclion 31-71(b)(2}(1il ollhe City of Avenlura land Developmenl Code. The unden;igned Alroanl heroby d'lSClOSes !hat (mark with OX' appUcable portionS only) Alflant does!!Q! have a Business Relationship with any mamber or the Cily Commission or any Cly Advisory Board to which lI\e epplication win be presenled. Affiant hereby discloses \hat n does have a Business Relationship with a member 01 the City Commission or a City Advisory Board \0 which lI\e app\lcaUon will be presenled, as follows: (Ust name of Commissioner or Advisory Board Member) who serves on the (list Clly Commission or City Mvlsory Board upon which member b(1. [ J2. serves). The nature of the BusIness Relalionship Is as follows: Member of City Cornrnisslon or Board holds an ownen;hip Interest In excess of 1 % of tolal assets or capital slOCk 01 Applicant or Representative: Member of City Commission or Board Is a partner, co-shareholder (as 10 shares 01 a corporation wlIlch are llOt IIst9d on 8nf naUonaI or regional stOCk exchange) or lolnt venturer WIth the Applicant or Representative In any business venture; The Applicant or RepresentaUve Is a Client or a member of the City Commtsslon or Board or a Client ol another professional working from the same office or for the same employer as the member of !he City Commission or Board; A City Commissioner or Board member Is a Cllenlot lI1e Appllcanl or Representalive; The Applicant or RepresentaUve Is a Customer of lhe mamber of the City Commission or Board (or 01 his or her employer) and transacts moro Ihan 510,000.00 of the business of the member 011110 Cily Commission or Board (or his or her employer) In a given calendar year: The member of the City Commission or Boan! Is 0 Cuslomer of the Appllcanl or Representalive and transacts mora than $25,000.00 of the business of the AppUcant or RepresentaUve In a given calendar year, wrrnESS MY HAND 1liIS _ DAY OF 2001. APPLICANT: a-r,,"'(~a /h~-""T~Jf',{' /1, 4({"_I'ot:S, LYle. BY:~ ~ . ~ ~s/gllatum) Name' ,/c,o!> G- A.;:~eolZ... PdnI) '11lle~__'-..L-_ (print) wrrnESSMYHAND1liIS_DAYOF .2001. II i. II ii. [ Jlii. [] iv. [lv. PROPERTY OWNER: By: S:'J-~ Name: 'TIlle' [Iv\. (Signalurs) (print) (PrinQ 'Tho lenns "Bus/noss Ro/allonsh/p," 'C6en~" "Cus/omer," .Appllcanl," .Represen/allvs" and "lnlerested Person. are deflllod in SectJon 2-395 oflhe Avenruta Clfy Code. M~R-21-2002(THUI 18:02 G^MPEL ORGANIZATION \ml iUlnlUiUb P.UU4IUU) WITNESS MY HAND THIS...b.L DAY OF .MA~ .2001 REPRESENTAllVE: (Listed OIl Business Relationship Affidavit) By: /L~/:- w 1Ivr-1SigtUJlure} By: (Slgnalure Name:l:.~~Ua.- W. H~~Ei'N Name: (Pmt) TItIe:1""ll!.t.NSR:>t.rATJtltJ 1t~~;J TlUe: (prinf) By: (Signature) By: (Signature Name: (Ptlnl) Name" (PriIll) . Title: (Print) 11Ue" (Print) By: (SignaJure) By: (S/gnatul9 Name: IPrlnt) Name' (ptint) TItle: (Print) Tille; (Print) By: (Signature) By: (Signature Name: (Print) Nama" IPrint) ille: (print) TotIe: (Print) By: (Slgnatulll) By: (Signature Name: (Print) Name" (Print) Tllle" (Prfnl) . TlUe: (Print) By: (S/gnalUl'Il) By: (SlgnalUm Name' (Print) NamA' (print) l1tIe: (Prinl) Title: (Ptin/) NOTE: 1) Use duplicate sheels II disclosure InfannaUan far Representative vartes 2) Appllcanls and Alflant& are advised 10 timely supplement this Affidavit pursuant 10 Soc. 3t-7t(b)(2)[1V} of the city's Land Development Regulations In the City Code. In the event that prior 10 consideration 01 the application by the City Board or CommissiOn, the Information provided In the Affidavit becaml!$ Incorrect or \ncomplelo. MAR-ll-lOOl(THU) 18: U3 GAMPEL ORGANIZATION (fAX) mmom P.OWOOj - ;':' ~ MaryAnn Pattenon ,W MY roMMISSION. DD02738S NOTARIZATION PROVISION 'it..,,'" EXP''''''''''..,..:zoos 1-1Q).3.NOTARY R. ~ SIMoI &. Bordng, Inc. ~_belnQ lIISlby...dllly.......dlIlMor...ilInI...t ~W~ ~ Nala~1ll of~ "l-~l!)--.J PIlnIod Name Nalaly I I My<:amm_1IllpInIIr, ID " )..Q::> \' ST,I.'IEOf R.ORIDA I COUNTYOF_!.IB~El-P/l(./l1 ~ Bo/aOI....1IlO undeniQnId '-V. palllllMlly ~ haI.... ,Gallod..... Mid'" I... tho pUlpaoI.llIleCl....... etvllhat I '" """ and ~ SUIlQl:l~llIillIlND... . ~ V !!II: MY COMMISSION II DO 027385 "/ttf....' EXPIRES: JUDe 19.2005 1-8OO-3-NOTMY FL Natwy SeMoI& BoncIng. Inc. clayal A. #~.2(1J1.2. STATEOFFt.ORIOA I .COtJNTY OF MlAMloOADE) Ilelanl .... ... undersigned IUlIladty. pecoandy ~ ................,leCl..... M\lavlllar... p_ _....... ond1llllklo"". etvl_ tho Alfilll~ """ being IitIl by me duly....... did swa:IC... .mm lhat AFfIANT SWORN TO mo SUBSC~IBED boraro ma 1I1Is _ clay of 2001. Nalary Pubic SOlin or flaM. AllJlrgo Printed Nar\'16 of NalDry M)' commlsslon MPlre~ STAlE OF R.OFIlOA I COUNTY OF MIAMI.!JAOE) Bolore me. tho under3Qf'led e.ulhorlty, paroonaly appurGd hIIsllo """"led !his IJrlClalllllar UIa purpooesllalad "",.In and thot lis lIue.nd amad.. the Alfl3n\' who bolng ftrnt by mo duly sworn. did SWln/' Of Ilrfinn Ihal AFFIANT SWORN TO AND suBSCRIBEO balano mall1b _cIayal 2001. Nalll1\'N>lIcSIalo al~ AlUrgo pllnGlll Name of NaWy My <:aflUlllsslon'IqlM STATEOfFl.ORlOA ) COUNTY OF MIAMI.oADEj Bolore me. tile underslgnad lllIIhorlty. pellOl\>Uy 0W0Il'd """'" o..COlI<ICIlhls _lilt Iarlho p_ ""lad "'roln etvlthat IIaM ,rid_ tho M""~ who being fllll by 11\6 duly ....... did .....' or oll'rm thol IIPFIANT SWO~N TO mo SUBSCRIBED be""" ma lhI&_cIaYal z001. NOla1\' P.-,lic S1a1a 01_ AI !.alae Prtnlld N.... of Nalaly My CXlrrmtoolan o>q>hoo ~ . BUSINESS RELATIONSHIP AFFIDAVIT' This Affidavit is made pursuant to Section 31.71 (b)(2)(it) ol1he City of Avootura land Development Code. The undersigned Aff\3/lt hereby discloses that: (mark wilh 'r:' applicable portions only) ( 11. Aff\3/lt does DQ! have a Business Relationship with any member of the City Commission Of any City Advisory Board to which 1he application will be presented. 00'2. Affiant hereby discloses that R does have a Business Relationship wilh a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: Je ff'(<!'-'f 7>.eo'" Ie "-? (List name of Commissioner or Advisory Board Member) who serves on the C I +'1 e 0/11'" .. <;.s i 0.... (List City Commission or City Advisory Board upon which member serves). , The nature 01 the Business Relationship is as follows: ( I vi. The member 01 the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 01 the business 01 the Applicant or Representative in a given calendar year. WITNE$SMYHANDTHIS/~DAYOF Qaf/ILtl.Oj APjLl~ /J . B~L=-' ~ Name: UJ'I-/UrD 6-. ~~#oe. T1Ue: i/ lOt pre.. id..en.+ [] i. [ ]ii. ){iii. [] Iv. [] v. Member 01 City Commission or Board holds an ownership Interest in excess of 1 % 01 total assets or capital stock 01 ApprlCant Of Representative; Member 01 City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not fISted on any national or regional stock exchange) or joint venturer with the Applicant or Representative In any business venture; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client 01 another professional working from the same office or lor the same employer as the member 01 the City Commission or Board; A City Commissioner or Board member is a Client of the Applicant or Representative; The Applicant or Representative is a Customer 01 the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; . 2OOE. (Signature) (Print) (Print) ReCENED ,2OOt. WITNESS MY HAND THIS _ DAY OF PROPERlY OWNER: By: -5 A.I?-l eo- Name: Title: ;A,N 1 5 '1001 COMMUN\'IY DE~l.oPMEN\' , (Signature) (Print) (Print) 'The lenns "Business Relationship,' 'Client.' 'Customer,' 'Applicant,' 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventura City Code. NOTARIZATION PROVISION STATE OF R.ORIIlA I COUNTY OF MlAMI-llADE} Belonl me. the undersigned aulhority, pef$lMUy appeared 'm.... II n Iu. J IA J...A Aff"'n~ wlIo being fiml by me duly lWOm, did swear Of alfvm that _.IIllOJt8dI1lsAff_Ioc...putpOSG.staled.....lnandthatlls~~ p. ~ _ -tf; AFFWlT ,;., (l. ~/1t.. ~ Nolary Ptblic Stata of Florida AI. Large SWORN TO AND SUBSCRIBf SELMA CURTIS rrI!:t MY COMMISSION # DO 0688S1 'WI EXPIRES: OCtober 23. 2005 '..a>>:J.NOTARV Fl~SeNIcI.8c:lndin;.1nc. Prinled Name of Notal)' My 00lMlissl0n expire.. , STATE OF FlORIDA ) .COUNTY OF MIMMlADE) BeIoc8 me, the undef1Igned authority, pef$lM1Iy aweared _ 0lIllaltad t1Is N.lidavllloc the putpOSG' staled the.... and Ilat lis true and ooaed. the AffIllll1, wlIo being fiml by me duly sworn, cfid swear Of alfvm thai AFFIANT SWORN TO AND SUBSCRIBED belore me this _ day of .2001. Notal)' Public Stata of Florida AI. Lorge Printed Name of Notal)' Myoommlsslon expire.: STATE OF FlORIDA ) COUNTY OF MIAMI-DADE) Belonl me. the undersigned authority, pelSONllly appeared helshe exearted this Affidavit lor the pUl]lOses stated therein end that h Is true end cocrect. the AIf"'n~ wlIo being r..t by me duly sworn, did ......, or allinn that AFFIANT SWORN TO AND SUBSCRIBED belonl me this _ day of 2001. Notal)' Ptblic Stata of Florida AI. Lorge Pooled Name of NoIaIy My 00lMlissl0n expires: STATE OF FlORIDA ) COUKlY OF MIMII-DADE) Belonl me, the undersigned authority, personaUy appeared _ exearted this Affidavit for the purpose. stated therein and that lis true and ooaed. the Aff"'n~ wlIo being rltS\ by me duly sworn, did ......r or alf"", that AFFIANT SWORN TO AND SUBSCRIBED belore me this _ day of 2001. Notary PWlio Stata of Florida AI. Lorge Pooled Name of NoIaIy My 00lMlissl0n explras: ~ ~ APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2IOl of lhe City of Aventura Land Development Code,lhis Applicant Representative Affidavit is hereby made and submllted. The lIldersigned euthorized representative of \he individual or entity applying for \he Development Penni!, which is Identified in 1I1e accompanying appflcation, and 1I1e owner of \he property subject \0 \he application f~ cftfferent) hereby lists and identifies all persons representing 1I1e individual or entity applying for 1I1e Development Pennij in connection with 1I1e application, as follows: ff/le~'/ ;9. r';ctnj1<:/ Relationship p... AItomeys, An:hIecfs, Undscepe An:hIecfs, EnQ/neeIs. L.o/lbyists. Etc.} VWfl'Mt Name (Attach Addijional Sheets If Necessary) NOTICE: Atff STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFlANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFtDAVIT PURSUANT TO SEC. 31-71{B)(2){IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. ./ WITNESS MY HAND THIS :)'1 DAYOF HItR.ct-t ,2001. . ~.'GJ OWNER G-/9nI't:l-ffi~~ //WI ' BY~/ fl-(# (Signature) /fC. /13 )1 Name: titf1ZG-o l:; . '1" t!-te.. . ;. (Print) rl. nle:J 'JA.< W~ . Address: /4 'It; j (S.~.('~~,~ U. /lv.h.hc~ crL- ~ '] I .P'D ". By: Name: ~I!-l':ur;--~r'e f- :~ TlI1e: ~. Address: ;flY'?) tJS;:s('~5Iv/. I1vtq~"'- ~L 17/ tv ( STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me 1I1e undersigned authority personally appeare e authorized representative of 1I1e Applicant and/or 1I1e owner of 1I1e property subject to 1I1e application, who g first by me Iy sworn, did swear or allinn 1I1at he/she executed 1I1is Affidavit for 1I1e purposes stated 1I1erein and that ij is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME 1I1i~day of 'm P.ulv ~ SELMA M. CURTlS MY COMMISSION # DO 066851 ~RES:~ber23,2005 1-8CJO.a.NOTARY A. NcUry StMce .I!Ionding,lnc. AFFIANT . '~fil.~ N'otary Pubflc State of FIo~a ~t Large A ,. -I- . Printed Name of Notary 5e..<..m'4 {tJ. v<o{. Ie; v l.s " My commission expires: .~ . BUSINESS RELATIONSHIP AFFIDAVIT" This /llfKlavit is made pursuant to Section 31-71 (b)(2Kul of the City of Aventura Land Development Code. The IJldersigned /llflal1t hereby discloses that (mar1< with '(' applicable portions only) [ ]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. Afflal1t hereby dIscloses that R does have a BusIness Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: ]('(frer 7 erlolV (List name of Commissioner or Advisory Board Member) who serves on the ~ r~ Q, Okl_fCS. or--- (Ust City Commission or City Advisory Board upon which member serves). The nature of the BusIness Relationship Is as follows: K!2. , c,* _. D{m. [] iv. [] v. Member of City Commission or ~ holds an ownership Interest in excess of 1 % of total assets or capital stock of Appflcant or Representative; Member of City Commission or ~ is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or jomt venturer with the ApprlCant or Representative in any busmess venture; The Applicant or Representative Is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; A City Commissioner or Board member is a Client of the Applicant or Representative; The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; . [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the busmess of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS .?7-'>DAYOF /U..ttR. c.t-I .2001. eo ~_tflU/a 1?~~~P a ~qr.~J, ~. )(. By:~ fV=-_ __(SIgnature) Name:. , 5hm l: Print} Title: i? 1fl" c .. CI a.-x..r (Print) WITNESS MY HAND THIS _ DAY OF . 2001. i i!'"L jlvhfu-.-". tf~.u I>T::..J) ~ . (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," 'Applicant," 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventum City Code. NOTARIZATION PROVISION STATE Of fUlRI(lI. ) COUNTY Of M1AMI-DADE) , J Belole mo, lie undel$igned aulhoriIy, personally ~ti. rJi J..tJf1alll, who beilg ... by mo duly $WOll1, efid swear Olllfll1lt ..,t hoIsha.llICUIod Ills Affidavit for I1e purposes staled I1eAlln and..,t lis NI and ~ SWORN TO AND SUBSCRIB ?'1 --." .., ,# G) SkLMAM.CURTlS MY COMMISSION # DO oe6851 EXPIRES: Odober 23. 2005 1.eoo.a.NOTAAV R. ~ s.Mce" 8oncIna. Inc. I'~ .A ,-'In. (!t-l.Q1;" 1v R~Stataof~At~ . ::>e. '::l m. fA 15 Prinlod Name 01 Notary My c:ommIsslan .",ireS: . STATEOf R.ORIOA ) .COUNTY Of MIAMt-llAllE) BetonI mo, I1e undersigned aulhoriIy, personaIy appeaIIld hoIsha IlIIlCUIod Ills Al6davil for I1e puIpOSOS staled I1eAlln and IIalIIs NI and coneet. lie Afflalll, who beilg filst by mo duly sworn. efid swear Olllfll1lt Ilat AFFWlT SWORN TO AND SUBSCRIBED before mo 1I1is _ day 01 .2001. NolaIy PubI'lC Stata of FlorIda At Large Printed Name of NoIaIy My COIM1isslon e",lres' STATE OF FlORIDA ) COUNlY OF MIAMI-DADE) Before mo, lie undersigned authority, personally appeared hoIsha axecuted IIlIs Affidavit for !he purposes stated !heraln and !hallls 1rue and coneet. !he Aff..n~ who being fim by mo duly swam. did swear Ol affirm !hat AFfIANT SWORN TO AND SUBSCRlBED before mo IIlIs _ day 01 2001. Notary Pwlic Stata of FlorIda At Large Printed Namo 01 Notary MYClOl1'oo,iIssIone>qliras: STATE Of Fl.ORlllA ) COUNTY Of MIAMI-DADE) Before mo, lie undarslgned auIhority, personally appeared hoIsha executed IIlIs Affidavit for !he purposes stated I1eraln and !hat lis Irue and coneet. !he Aff..n~ who beilg fim by mo duly swam, efid swear Ol alfll111!hat AFFIANT SWORN TO AND SUBSCRIBED before mo IIlIs _ day 01 2001. NolaIy PWIc Stata 01 FlorIda At Large Printed Namo 01 Notary My c:ommIsslan el<plres: City of Aventura City Commission Meeting Date Agenda Item No. 3 Date of Verbal Communication: A: fJ fL ILl (1.- 0 0 L A rn.J L '1--1 ~L Identity of Person orL'\Entity Making Communication: Mf-fl-Go ,,~S1+c-L Subject and sups~N ~ com~~tio?b M ~ A Lp ~ Respectfully, Commissioner or Board Member receiving communication: ~Gr~, Signature .. Filed this J-- day of - /\('I~or'\.ol'-1 \ f"'" ~ \.: O('<\.l~ ,.o:~_ ') In-kn:h~(\ bnc, + -'C.6 Y . /\~"-~r '0~lJ,1ej HEARING NOTEBOOK GAMPEL A VENTURA PROPERTIES, INC. 1. Letter ofIntent to Brenda Kelley, dated January 15,2001; Letter of Intent to Brenda Kelley, dated March 18, 2002 2. Recommendation from Eric M. Soroka, City Manager, dated March 21, 2002 3. Proposed Resolution 4. City Code Provisions Conditional Uses and Variances -S. D......JdldLiull Ul Cuvt:iual1t., ~..a RestFieti6RS Dr-~-'<- ,/"0 6. 7. Memos esolution 8. Map and Aerial of Site 9. Property Appraiser Information, March 26, 2002 10. Reduced Site Plan, Landscape Plan, Sketch and Legal Description of Sidewalk and Bike Path, dated March 26, 2002 11. Traffic Report 75191/17123/559413 Mar 21 02 04:25p p.17 GAMPEL A VENTURA PROPERTIES, INC. 19495 Biscaync Blvd., Suite 906 Avcntura, Florida 33180 Tere: 305-937-0010 Fax: 305-937-0306 January 15, 2001 Ms. Brenda Kelley City of Aventura Conmunity Development Dcpartment 19200 West Countty Club Drive Aventura, FL 33180 RE: Northern Trust Bank Building Dear Ms. Kclley: This lctter will serve as our LEITER OF INTENT for the above referenced project. The intent is to build a 23,792 square foot, Class A, one-story office building, with our major tenant being Northern Trust Bank. Our design will be consistent with the character of the Town Center area, including upscale lRnit""aping. The proposed. building will be a credit and enhancement to the area. We will need a Conditional Use Approval. Northern Trust Bank has concurred that they will use no !DOre than 3792 square fect for "public access" and/or "customer contact" type areas. The remR;n;ng space will be used as oflice. At some time in the futurc, Northern Trust intends to take the cntire space in the building, but all expansion space will be used as office spacc. Northern Trust Bank is an asset to this community, as it is one of the outstnniting Trust companies in the country. We are proud to be involved with this fine institution and the City of A ventura. Very truly yours, GAMPEL A VENTURA PROPERTIES, INC. ~./.t% Margo G. Absher, Vice President EX.HIBIT #1 02-CU-02 03-V AR-02 Mar 21 02 04:25p p.18 GAMPEL A VENTURA PROPERTIES, INC. 19495 Biscayne Blvd., Suite 906 Aventura, Florida 33180 Tele: 305-937-0010 Fax: 305-937-0306 March 18,2002 Ms. Brenda Kelley City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 RE: Northern Trust Bank Building Dear Ms. Kelley: This letter will serve as our LETIER OF INTENT regarding variances for the above referenced project. The reduction in height of the proposed bui1ding coupled with the accommodation to the City to provide a public walkway has necessitated these variance requests. In addition, due to tb.e lot size and shape oflot we are requesting the following variances: 1. Reduced setback to parking area (Section 31-171(a)(7)) Reason: On the North side of the property there are 20 feet of landscaping in the right of way, therefore visually when one drives by they will see 20 feet of landscaping. One the west side we felt it was important to have 7 feet of landscaping in front of the building, therefore being 1 foot short ofthc 10 foot setback. 2. Reduced open space requirement as per TC-l zoning district (Section 31- 145(5)) Reason: We have tried to comply as best we can 10 give'an open feeling to the area. 35% open area is required, Bnd we have provided 3'1.50%, which is quite close. We have added a view corridor on the east side of the building with a beautiful pathway, which leads into an open area with no parking. where we will have bencb.es for people to sit on and have lunch or just relax outside. The whole area will have a very open, welcome feeling. We felt it was very important not reduce the amount of parking to create more open space. On the North side of the property there are 20 feet of landscaping in the right of way, which adds to the feeling of open space. Because we are a corner lot, we have provided two EXHIBIT #2 "'4'\ ,..11 "'''' Mar 21 02 04:25p p.19 lllCll1lS of ingress and egress, which gives the site more accessibi1ity as well as lessening the traffic in anyone area. The height of the building is lower than our office building neighbor to the south, and accordingly it causes a larger footprint for the structure. We believe that a low rise office building on the site will not intrude with our residential neighbor to the east and will have a softening effect as automobiles arrive at this intersection. 3. Reduced perimeter landscape buffers (Section 31-221 (i)(2)) Reason: On the south side we have omitted the landscaping so as to match Harbor Center. We are using the same pavers so that our properties will join visually. On the north side of the property, the right of way has 20 feet of1andscaping; therefore visually there will be 20 feet of1andscaping. On the west side, we are conveying a 10-foot easement to the city, 6 feet for a sidewalk and 4 feet for a bike path. That is the reason for the slightly reduced 1andscaping on the west bide. 4. Reduced parking space size in the northwest comer of the site (Section 31- I 71 (a)(6)) Reason: There is a unique condition on the northwest comer of the property because the parking spaces are on a curve. In order to meet the parking required by code (which we feel is very important), these 9 spaces are 8.44 feet at the entrance to the space instead of9 feet. However, these spaces are 9.93 feet at the midpoint of the space where one opens their door to leave their car. The proposed low scale development will be an enhancement to our City of Aventura We believe that we have complied with the City's standard of review of variances contained in Section 506.5 of the Code and the requests will not be detrimental to the public welfare. We thank you in advance for working with us on this very exciting project. Very truly yours, GAMPEL AVENTURAPROPERTIES, INC. ../' ~~ ,~..-;.." . He?. ' &" / '" 'Margo G. Absher, Vice President Mar 2102 04:18p p.2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: SUBJECT: City Commission ~ Eric M. soroka,ety-Mrag Brenda Kelley. Commu i Development DireM March 21, 2002 TO: FROM: BY: Request of Gampel Aventura Properties, Inc. for Conditional Use approval and miscellaneous variance requests to permit an office and bank building at 18901 NE 29 Avenue. (02-CU-02 and 03-VAR-02) April 2, 2002 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission take the following actions: ,- 1. Approve the request for conditional use to permit office and bank uses in the TC 1 zoning district. 2. Approve the request for variance to allow a parking pavement setback of 2 feet . from the north property line and 9 feet from the west property limit to the parking area where a 10 foot parking pavement setback is required by Code. 3. Approve the request for variance to allow a 2 foot landscaped buffer on the north limit, a 4.3 foot landscaped buffer on the west limit and a 0 foot landscaped buffer on the south limit where a 7 foot landscaped buffer along the perimeter of all vehicular use areas is required by Code. 4. Deny the request for variance to allow nine (9) parking spaces measuring 8.44 feet wide where a minimum width of 9 feet is required by Code. 5. Deny the request for variance to allow open space of approximately 25% where 35% common open space for use by all residents is required by Code, with one- half of that, or 17.5% to be unencumbered with any structure and landscaped with grass and vegetation where approximately 12% is provided. 6. Deny the request for variance to allow a dumpster site with no perimeter landscaping on the north and south sides, where screening with walls or fences and landscaping is required by Code. lar 21 02 04: 19p p.3 THE REQUEST The applicant. Gampel Aventura Properties, Inc., is requesting: (1) Conditional Use approval to permit an office and bank building at 18901 NE 29 Avenue; and (2) Variance from Section 31-171 (a){7) of the City's Land Development Regulations to allow a parking pavement setback of 2 feet from the north property line and 9 feet from the west property limit to the parking area where a 10 foot parking pavement setback is required by Code; and (3) Variance from Section 31-221 (i)(2) of the City's Land Development Regulations to allow a 2 foot landscaped buffer on the north limit, a 4.3 foot landscaped buffer on the west limit and a 0 foot landscaped buffer on the south limit where a 7 foot landscaped buffer along the perimeter of all vehicular use areas is required by Code; and (4) Variance from Section 31-171 (a)(6)(a) of the City's Land Development Regulations to allow parking spaces measuring 8.44 feet wide where a minimum width of 9 feet is required by Code; and (5) Variance from Section 31-145(b)(5)(h) of the City's Land Development Regulations to allow open space of approximately 25% where 35% is required by Code, with one- half of that, or 17.5% to be unencumbered with any structure and landscaped with grass and vegetation where approximately 12% is provided; and (6) Variance from Section 31-221(i)(7) of the City's Land Development Regulations to allow a dumpster site with no perimeter landscaping on the north and south sides, where screening with walls or fences and landscaping is required by Code. (See Exhibit #1 and Exhibit #2 for Letters of Intent). BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY LEGAL DESCRIPTION Gampel Aventura Properties Inc. 18901 NE 29 Avenue Tract .P", Marina del Rey Revised, as recorded in Plat Book 144, Page 89 of the Public Records of Miami-Dade County SIZE OF PROPERTY Approximately 1.57 acres EXISTING ZONING TC1, Town Center District 2 Mar 21 02 04:19p p.4 FUTURE LAND USE DESIGNATION Town Center Zoning - Subject property: TC1, Town Center District Property to the North: RMF3, Multi-Family Medium Density Residential District Property to the South: TC1, Town Center. District Property to the East: RMF3, Multi-Family Medium Density Residential District Property to the West: TC1, Town Center District Existing Use- Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Vacant Land Rental Apartments (Summit at Aventura) Office and retail (Harbour Centre) Rental Apartments (Summit at Avenlura) Retail and office (Loehmann's & Concorde Plazas) Future Land Use Designation. According to the City of Avenlura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Town Center Town Center Town Center Town Center Town Center The Site - The subject site is a vacant piece of land at the southeast corner of NE 29 Avenue and NE 190 Street. (See Exhibit #3 for Location Map and exhibit #4 for Aerial Photograph). The Project - The applicant proposes to construct a one-story, 23.792 square foot building to house the bank service area and offices for Northern Trust Bank and to house the offices for the Gampel companies. The Bank will initially occupy 3.792 square feet for its customer service area and 11,258 square feet for its administrative offices. The Gampel company offices will occupy the remaining 8,742 square feet of the building. The building has been designed with Mediterranean design features including a barrel tile roof, cupolas, columns, covered entrance, pavers and pastel colors. A color rendering is attached to this report as Exhibit #S. Parking is provided to the north, west and south of the building. The applicant has attempted to provide a public amenity area on the south side of the site, per staff's request, by installing decorative pavers that will serve a dual purpose. This area will serve as required parking but will also be at grade to provide a pedestrian promenade- type area to coincide with the proposed pedestrian promenade/view corridor on the Harbour Centre site. What this will create is a larger public (decorative paver) area that 3 Mar 21 02 04:19p p.5 will provide a public open space promenade that links the two sites when the parking spaces are not being used. Two accesses are proposed to the site, one on NE 29 Avenue and one on NE 190 Street. The driveway on NE 190 Street will be right-in, right-out only. The applicants wish to reconfigure the existing left turn lane for northbound traffic on NE 29 Avenue to a double left turn lane to allow southbound traffic on NE 29 Avenue to enter its site. A traffic study submitted by the applicant is presently being reviewed to confirm that there is sufficient stacklng In the existing lane to allow both north and southbound traffic to use the lane. In the event there is not sufficient stacking, the driveway on NE 29 Avenue will be right-in and right-out onl~. Prior to site plan approval for the proposed construction, the applicant is required to obtain conditional use approval and variance approval for reduced landscape/buffer strips. reduced size of parking stalls, reduced open space. reduced setback for parking areas and reduced landscaping around the dumpster enclosure. I. ANALYSIS OF REQUEST FOR CONDITIONAL USE Citizen Comments. The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - The Applicant is requesting Conditional Use approval to pennit an office and bank building on vacant land currently zoned Town Center (TC1) District. The proposed 81 use is permitted as a conditional use in the TC1 district. Criteria According to Section 31-73(c) of the City of Aventura Land Development Regulations, an application for Conditional Use is evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan. The use is not inconsistent with the City of Aventura Comprehensive Plan. Business and office uses are pennitted in the Town Center land use category.. (b) 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 this proposed use will not be detrimental to or endanger the public health, safety or general welfare. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. 4 Mar 21 02 04:19p p.6 The proposed bank and office building will be consistent with the immediate neighborhood. Its one-story design is consistent with the existing three-story multi- family development to the north and east. The proposed uses are consistent with the office and retail uses proposed to the south and existing to the west. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. Utilities, roadway capacity. drainage and other necessary public facilities, including police, fire and emergency services, exist at the City's adopted levels of service and will be available to service this proposal. ' (e) 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. Two accesses are proposed to the site, one on NE 29 Avenue and one on NE 190 Street. The applicant will be conveying an easement to the City as a condition of site plan approval to provide for continuation of the 6' sidewalk and 4' bikeway along NE 29 Avenue to NE 190 Street. It has also proposed to lengthen the existing right turn lane across the west limit of the site to provide safer ingress and egress to and from the westerly driveway. The driveway on NE 190 Street is right-in and right-out only. The NE 29 Avenue driveway is proposed to be right and left-in and right-out. The applicant has provided a traffic study which is presently being reviewed by the City's traffic engineer, to confirm that there Is sufficient stacking in the turn lane on NE 29 Avenue to allow safe left turns into both this site and the Loehmann's and Concorde Plaza properties. In the event the study shows that there is not sufficient stacking space in the existing lane, the driveway on NE 29 Avenue will be right-in and right-out only. (f) The establishment of the conditional use shall not impede the development of sutrounding properties for uses permitted in the zoning district. This use will not impede the development of surrounding properties for uses permitted in the zoning district. (g) 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 Mediterranean design will blend with the existing multi-family residential development to the north and east. The applicant has designed the most southerly parking areas with pavers similar to those being used on the adjacent Harbour Centre site and has provided a sidewalk along the east side of the building that will connect with the sidewalk on NE 190 Street. the Harbour Centre site and the proposed pedestrian promenade on NE 188 Street waterway. 5 Mar 21 02 04:19p p.? II. ANALYSIS OF REQUESTS FOR VARIANCE Citizen Comments - The Community Development Department has received no written citizen comments about these applications. Community Development Department Analysis - The Applicant is requesting variances to allow a reduced setback to the parking pavement area, reduced landscaped buffers along the perimeter of the parking areas, reduced parking space size, reduced open space and reduced landscaping around the dumpster enclosure. While the reduced setback to the parking area and reduced landscape buffers are mitigated by existing landscaping on NE 190 Street and proposed landscaping on NE 29 Avenue, staff does not recommend approval of the reduced parking space size, reduced open space and reduced landscaping around the dumpster enclosure. Criteria - The guidelines for approval of variances as required by Section 31-76(e) of the City's land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topogrephical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience; if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.. , (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.' Reauest #1: Variance from Section 31.171Ia}(7) of the City's Land Development ReClulations to allow a parklnCl pavement setback of 2 feet from the north propertv line and 9 feet from the west orooertv limit to the oarkina area where a 10 foot oarkina oavement setback Is reauired bv Code. 6 Mar 21 02 04:20p p.8 Section 31-171(a)(7) of the City's Code requires that "the edge of all parking pavement and access roads (not including driveway connections to the street) shall be set back a minimum of ten feet from the right of way of all streets. This setback distance shall be landscaped in conformance with these regulations". The setback from the right-of-way (property line) on the north side measures 2 feet and continues to widen as the lot curves west toward NE 29 Avenue. The setback on the west side of the property varies from 15.85 feet at the south limit to 9 feet at its most narrow point. (1) The parlicular physical surroundings. shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a parlicular hardship. upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised, in its Letter of Intent attached, that the hardship at this location is caused by the lot shape and size, the reduction in height (Le. size of footprint) of the proposed building and the accommodation to the City to provide a public walkway. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. There is presently a significant amount of landscaping in the public right-of-way to the north of the site which is generally not applicable to other sites. Additionally, the City has requested the dedication of right-of-way on the west side of the property for bikepath and sidewalk purposes. While each variance raquest is of an independent nature, the following history is . provided for informational purposes. The City Commission has previously approved variances for landscape buffer strip widths at the 17866 Biscayne Boulevard site (the former Lipstik site). The approval was granted because the applicant was providing landscaping in the FEC right-of-way area, which mitigated the buffer strip width on the subject property. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which Is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 7 Mar 21 02 04:20p p.9 The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. There is approximately 15 feet of landscaping within the right-of-way of NE 190 Street and at the intersection of NE 29 Avenue and NE 190 Street. (5) The proposed variance will not substantially increase the congestion in the public streets. or increase the danger of fire. or endanger the pUblic safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Request #2: Variance from Section 31-22111l/2\ of the City's land Development ReQulatlons to allow a 2 foot landscaped buffer on the north limit. a 4.3 foot landscaped buffer on the west limit and a 0 foot landscaped buffer on the south limit where a 7 foot landscaped buffer alonQ the perimeter of all vehicular use areas is required bv Code. The site plan submitted proposes the following landscaped buffer strips adjacent to the vehicular use areas that do not comply with the City's land Development Regulations: 1. A 2' landscaped buffer strip at the north property limit, where a 7 foot landscaped buffer is required by Code. 2. A 4.3' landscaped buffer strip at the west property limit at its most narrow point, where a 7 foot landscaped buffer is required by Code. 3. A 0' landscaped buffer strip at the south property limit. where a 7 foot landscaped buffer is required by Code. Section 31-221(i)(2) of the City Code requires that a 7' landscape buffer strip be installed adjacent to all vehicular use areas. The applicant has submitted a landscape plan which has been approved by the City's Landscape Architect. That plan shows plantings around the building and in the parking area. Although the buffer strip at the north property limit is 2'. there is approximately 15' of existing landscaping within the NE 190 Street right-of-way that will give the visual effect of a planting .strip. The reduced buffer strip on the west property limit is caused by the conveyance of an easement to the City for continuation of the sidewalk and bikeway on NE 29 Avenue. The 0' .buffer strip on the south side is proposed to visually join the paver area on this site with the payer area on the Harbour Centre site. (1) The particular physical surroundings, shape, topogrephical condition, or other physical or environmental condition of the specific property involved would result in a parlicular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. 8 Mar 21 02 04:21p p.10 The hardship at this location is caused by a number of factors unique to the site. The zero buffer width on the south side of the parking area is proposed to visually join the two adjacent properties to continue the common open space look contemplated by the Town Center zoning. The reduced width on the west limit is caused by conveyance of an easement to the City for sidewalk and bikeway on NE 29 Avenue. The applicant has advised that the reduced width on the north limit will be mitigated by approximately 15 feet of existing landscaping in the NE 190 Street right-of-way. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. While each variance request is of an independent nature. the following history Is provided for informational purposes. The City Commission has previously approved variances for landscape buffer strip widths at the 17866 Biscayne Boulevard site (the former Lipstik site). The approval was granted because the applicant was providing landscaping in the FEC right-of-way area, which mitigated the buffer strip width on the subject property site. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty Is not economic In nature and the difficulty was not deliberately created by the applicant. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or Improvements in the vicinity. . The variance wili not be detrimental to the public welfare or injurious to other property or improvements In the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets. or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially Increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Reauest #3: Variance from Section 31-171Ia}{61Ial of the City's Land DeveloDment Reaulations to allow Darklna SDaces measurina 8.44 feet wide where a minimum width of 9 feet is reaulred bv Code. 9 Mar 21 02 04:22p p.ll There are 86 parking spaces provided on site. This number of spaces meets the requirements of the City's Code. Nine (9) of the parking spaces in the northwest comer of the site measure 9.93 feet wide at the middle of the space and 8.44 feet wide at the bottom of the .space, where a minimum width of 9 feet is required by Code. (1) The particular physical sUfTOundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised that the hardship at this location is caused by the shape of the lot. The nine (9) parking spaces affected are located on a curve at the northwest comer of the property. While the nine spaces measure 9.93 feet in the middle of each space, the measurement at the bottom of the space is 8.44 feet due to the curvature of the site boundary at the intersection of NE 190 Street and NE 29 Avenue. The applicant may increase the size of spaces in this area but in doing so, would lose one space and a parking variance would then be required. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are not unique to this site and may be applicable to other locations with similar geometry. While each variance request is of an independent nalure. the following history Is provided for informational purposes. The City Commission has not previously granted a variance request for parking space size less than what is required by Code. (3) The alleged difficulty or hardship is not economic and has not been deliberately . created to establish a use or structure, which is not otherwise consistent with the LDR. . The applicant's difficulty is not economic in nature; however, the difficulty has been created by the applicant due the size of the building and parking requirements for the use and square footage proposed. 'The applicant may increase the size of spaces in this area but in doing so, would lose one space and a parking variance would then be required. . (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 10 Mar 21 02 04:22p p.12 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Reauest #4: Variance from Section 31-145lblI51Ihl of the City's Land Development Code to allow ODen SDace of aDDroxlmatelv 25% where 35% common ODen SDace for use bv all residents Is reaulred bv Code. with one-half of that. or 17.5% to be unencumbered with any structure and landscaped with arass and veaetation. where aDDroximatelv 12% is Drovided. The TC1 (Town Center) district requires that: "A minimum of 35% of the total lot area of the site shall be provided as common open space available for use by all residents; of this common open space a minimum of one- half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas). or maintenance facilities". The site plan submitted provides approximately 25% of the lot area as open space where 35% is required by Code and approximately 12% of that space as grass and vegetation area where 17.5% is required by Code. The open space of approximately 25% has been calculated using both planting areas and the paver area south of the building. This paver area is actually required parking spaces. The applicant proposes a pedestrian walk along the east side of the building to connect the sidewalk on NE 190 Streefwith the Harbour Centre site to the south and with the proposed pedestrian promenade on NE 188 Street. The applicant also proposes seating In the southeast corner of the site for use by pedestrians and building occupants. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised that the hardship at this location is caused by the lot shape and size, the reduction in height (Le. size of footprint) of the building and the accommodation to the City of a public walkway. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. 11 Mar 21 02 04:23p p.13 The conditions are not unique to this site and may be applicable to other locations. Although the applicant is proposing to provide pedestrian connections to adjacent properties, the 35% minimum common open space requirement for use by the public is one of the important components of Town Center zoning and needs to be preserved on all sites in this district. While each variance request is of an independent nature, the following history is provided for Informational purposes. Harbour Center, the office building currently under construction, immediately adjacent to and south of the subject property, received a variance for open space by the City Commission. While the Harbour Center property was not zoned TC1 at the time of approval of the variance. the plan was reviewed with some foresight of the town center zoning district concept. Harbour Center requested an open space variance of approximately 50%, however the specifiCS of the variance was for landscape area. The open space variance was approved by the City Commission because the applicant proposed to provide a rip-rap area along the water, additional landscaping in the right-of- way of NE 188 Street and had worked closely with the City to provide a nice landscape concept plan including a pedestrian promenade area to the canal. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicanfs difficulty is not economic in nature; however, the difficulty has been created by applicant due the size of the building and accommodation of other Code standards. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or Improvements in the vicinity. . The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion In the public streets, or Increase the danger of fire, or endanger the public safety. or substantla/fydlmlnlsh or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. 12 Mar 21 02 04:23p p.14 ReQuest #5: Variance from Section 31-221(1\171 of the City's Land Develooment Reaulations to allow a dumpster site with no Derimeter landscaDinQ on the north and south sides. where screenlna with walls or fences and landscaplna Is reQuired bv Code. The site plan submitted proposes a dumpster enclosure in the soutliwest comer of the site, adjacent to the existing lift station. A 6 foot concrete block wall with stucco finish is proposed to enclose the area on the north, south and west limits with a metal door on the east. There is 20 feet of landscaping proposed from the enclosure area to the west limit but no landscaping on the north and south limits. Concrete walls will abut the parking area to the north and the existing lift station to the south. The Code requires that "all dumpsters shall be completely screened from view from the adjacent properties an the public right of way by the use of walls or fences and landscaping material, subject to the approval and standards as established by the Director or designee". The standard of a 5 foot landscape buffer along all sides of a 'dumpster enclosure has been established. (1) The particular physical surroundings, shape. topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant has advised that the hardship at this location is caused by the lot size and shape, the reduction in height (Le. size of footprint) of the proposed building and the accommodation to the City of a publiC walkway on the site. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are not unique to this site and may be applicable to other locations. While each variance request is of an independent nature, the following history is provided for InformatIonal purposes. The City Commission has not previously granted a variance request for perimeter landscaping ~round a dumpster enclosure. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's dlfftculty is not economic in nature; however. the difficulty has been created by applicant due the size of the building and accommodation of other Code standards. 13 Mar 21 02 04:24p p.15 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or Impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. In the event the City Commission wishes to approve all requests for variance for this development, it is recommended that the requests be granted subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . ALTAlACSM Land Title Survey, prepared by Fortin Leavy Skiles Inc., Consulting Engineers, Surveyors and Mappers, Sheet 1 of 1, dated 10/14/97, updated 2122/02, signed and sealed. . . "Northern Trust Bank Building", Site Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., Consulting Engineers, Surveyors and Mappers, dated 7/01/01, revised 2/18/02, revised 3/12102, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Site Plan, Sheet A-O, prepared by Cohen Freedman Encinosa & Assoc., dated 2101/02, signed and sealed 3/15/02. . 'Proposed Design for: Northern Trust, Aventura, Florida". Floor Plan, Sheet A-1, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01102. sighed and sealed 3/15/02. . . 'Proposed Design for. Northern Trust. Aventura, Florida", Roof Plan, Sheet A-2, prepared by Cohen Freedman Encinosa & Assoc., dated 2101/02, signed and sealed 3/15/02. . 'Proposed Design for: Northern Trust, Aventura. Florida", North and West Elevations. Sheet A-3, prepared by Cohen Freedman Encinosa & Assoc., dated 2101/02. signed and sealed 3/15/02. . 'Proposed Design for: Northern Trust, Aventura, Florida", South and East .Elevations, Sheet A-4, prepared by Cohen Freedman Enclnosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . 'Proposed Design for. Northern Trust, Aventura. Florida", Details, Sheet A-5, prepared by Cohen Freedman Encinosa & Assoc., dated 2101/02, signed and sealed 3/15/02. 14 Mar 21 02 04:24p p.16 . "Northern Trust Bank Building". Conceptual Paving, Drainage. Water & Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and sealed 3/4/02. . "Northern Trust Bank Building", Adjacent Driveway locations. Sheet 1 of 1, prepared by Fortin Leavy Skiles. Inc., dated 12/27/01, signed and sealed 3/4/02. . "Northern Trust Bank Building", Planting Plan, Sheet L-1. prepared by Kimberly Moyer, dated 1/14/01, revised 3/01/02. signed and sealed. 2. That the site plan be revised to add decorative features to the north side of the dumpster enclosure. . 3. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission 15 Mar 21 02 04:26p BROWAll.D COUNTY ..---.-.-. :. .a ~. .a :~ :a ~;,,:};)?;;::,; ;: :a ;. :a :a :a :a :a :' :a " :' "'i' ~. .a ~Y8~;~~~ali'~Y:AD:<' i: DADe.cOUNTY' . "'::.:"~:~;H?;';I . ' ',)1, : ': ,:" ~~. .:,:?;,"~ ',u:." ~ ,:;'jl::~:(~%i,;...'" ! . ;:':::,:>,1:;;,;'~{\::':" MW,U..;. GARDENS DR. f . ~ "I .,...n......~..ft.r:..-,:. '\ ":-_1- 1JIfi, ' . .. ..",'1'1.1'1......,_.............,-'-.. ':';,!"am VA HT DR. , : ",. 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Roadways City Boundary ZIP COde Boundary Railroad Ma~ 21 02 04:26p p.21 EXHIBIT #4 02-CU..o2 Mar 21 02 04:29p p.22 EXHIBIT#S 02-CU-02 03-V AR-02 Mar 21 02 04:31p p.23 RESOLUTION NO. 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT OFFICE AND BANK USES IN THE TC1 (TOWN CENTER) ZONING DISTRICT; GRANTING VARIANCE FROM SECTION 31- 171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT SETBACK OF 2' ON THE NORTH PROPERTY LIMIT AND 9' ON THE WEST PROPERTY LIMIT WHERE A 10' PARKING PAVEMENT SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-221(1)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 2' LANDSCAPED BUFFER ON THE NORTH LIMIT, A 4.3' LANDSCAPED BUFFER ON THE WEST LIMIT AND A 0' LANDSCAPED BUFFER ON THE SOUTH LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31. 171(a)(6)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW PARKING SPACES MEASURING 8.44' WIDE WHERE A MINIMUM WIDTH OF 9' IS REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31-145(b)(5)(h) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN SPACE OF APPROXIMATELY 25% WHERE 35% IS REQUIRED BY CODE, WITH ONE.HALF OF THAT, OR 17.5% TO BE UNENCUMBERED WITH ANY STRUCTURE AND LANDSCAPED WITH GRASS AND VEGETATION, WHERE APPROXIMATELY 12% IS PROVIDEDj AND DENYING VARIANCE FROM SECTION 31-221 (i)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DUMPSTER SITE WITH NO PERIMETER LANDSCAPING ON THE NORTH AND SOUTH SIDES, WHERE SCREENING WITH WALLS OR FENCES AND LANDSCAPING IS REQUIRED BY CODE, FOR PROPERTY LOCATED AT 18901 NE 29 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District: and WHEREAS. the applicant, Gampel Aventura Properties, Inc.. through Applications No. 02-CU-02 and 03-VAR-02, is requesting: Mar 21 02 04:31p p.24 Resolution No. 2002-_ Page 2 1. Conditional Use approval to permit office and bank uses in the TC1 (Town Center) zoning district; and 2. Variance from Section 31-171 (a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 2' on the north property limit and 9' on the west property limit where a 10' parking pavement setback is required by Code; and 3. Variance from Section 31-221 (i)(2) of the City's Land Development Regulations to allow a 2' landscaped buffer on the north limit, a 4.3' landscaped buffer on the west limit and a 0' landscaped buffer on the south limit where a 7' landscaped buffer along the perimeter of all vehicular use areas is required by Code; and 4. Variance from Section 31-171 (a)(6)(a) of the City's Land Development Regulations to allow parking spaces measuring 8.44' wide where a minimum width of 9' is required by Code; and 5. Variance from Section 31-145(b)(5)(h) of the City's Land Development Regulations to allow open space of approximately 25% where 35% is required by Code, with one-half of that, or 17.5%, to be unencumbered with any structure and landscaped with grass and vegetation where approximately 12% is provided; and 6. Variance from Section 31-221(i)(7) of the City's Land Development Regulations to allow a dumpster site with no perimeter landscaping on the north and south sides, where screening with walls or fences and landscaping is required by Code; and Mar 21 02 04:32p p.25 Resolution No. 2002-_ Page 3 WHEREAS. following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: SectIon 1. Application for Conditional Use to permit office and bank uses in the TC1 zoning district is hereby granted exclusively to the Applicant, subject to the conditions set out in this Resolution. Section 2. Application for Variance from Section 31-171(a}(7} of the City's Land Development Regulations to allow a parking pavement setback of 2' on the north property limit and g' on the west property limit where a 10' parking pavement setback is required by Code is hereby granted exclusively to the Applicant. subject to the conditions set out in this Resolution. Section 3. Application for Variance from Section 31-221 (i}(2) of the City's Land Development Regulations to allow a 2' landscaped buffer on the north property limit, a 4.3' landscaped buffer on the west limit and a 0' landscaped buffer on the south limit where a 7' landscaped buffer along the perimeter of all vehicular u'se areas is required . by Code is hereby granted exclusively to the Applicant. subject to the conditions set out in this Resolution. Mar 21 02 04:32p p.26 Resolution No. 2002-_ Page 4 Section 4. Application for Variance from Section 31-171(a)(6)(a) of the City's Land Development Regulations to allow parking spaces measuring 8.44' wide where a minimum width of 9' is required by Code is hereby denied. Section 5. Application for Variance from Section 31-145(b)(5)(h) of the City's Land Development Regulations to allow open space of approximately 25% where 35% is required by Code, with one-half of that, or 17.5%, to be unencumbered by any structure and landscaped with grass and vegetation where approximately 12% is provided is hereby denied. Section 6. Application for Variance from Section 31-221(i)(7) of the City's Land Development Regulations to a dumpster site with no perimeter landscaping on the north and south sides, where screening with walls or fences and landscaping is required by Code is hereby denied; All above Sections on property legally described as all of Tract "P", Marina del Rey Revised, as recorded in Plat Book 144. Page 89 of the Public Records of Miami- Dade County. aka 18901 NE 29 Avenue. Section 7. Approval of the requests above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . ALTAlACSM Land Title Survey, prepared by Fortin Leavy Skiles Inc., Consulting Engineers, Surveyors and Mappers, Sheet 1 of 1, dated 10/14/97, updated 2122/02. signed and sealed. . "Northern Trust Bank Building", Site Plan, Sheet 1 of 1. prepared by Fortin Leavy Skiles, Inc., Consulting Engineers, Surveyors and Mappers, dated 7/01/01, revised 2118102, revised 3/12102 signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Site Plan, Sheet. A-O, prepared by Cohen Freedman Encinosa & Assoc., dated 2101/02, signed and sealed 3/15/02. Mar 21 02 04:32p p.27 Resolution No. 2002-_ Page 5 . "Proposed Design for: Northern Trust, Aventura, Florida", Floor Plan, Sheet A-1. prepared by Cohen Freedman Encinosa & Assoc., dated 2101/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", Roof Plan, Sheet A-2, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", North and West Elevations, Sheet A-3, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01102, signed and sealed 3/15/02. . "Proposed Design for: Northern Trust, Aventura, Florida", South and East Elevations, Sheet A-4, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Proposed Design for. Northern Trust, Aventura, Florida", Details, Sheet A-5, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed 3/15/02. . "Northern Trust Bank Building", Conceptual Paving, Drainage, Water & Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles. Inc., dated 12127101, signed and sealed 3/4102. . "Northern Trust Bank Building", Adjacent Driveway Locations, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc.. dated 12/27/01, signed and sealed 3/4/02. . "Northern Trust Bank Building", Planting Plan. Sheet L-1, prepared by Kimberly Moyer, dated 1/14101, revised 3/01/02, signed and sealed. 2. That the site plan be revised to add decorative features to the north side of the dumpster enclosure. 3. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 8. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to Indicate such approvals and conditions upon the records of the City. Section 9. This Resolution shall become effective immediately upon its adoption. Mar 21 02 04:33p p.28 Resolution No. 2002-_ Page 6 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 Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 2nd day of April. 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 uocumentl' rame Page lol"2 PART II CODE OF ORDINANCES Chapter 31 LAND DEVELOPMENT REGULATIONS' ARTICLE V. DEVELOPMENT REVIEW PROCEDURES Sec. 31-73. Conditional uses. Sec. 31-73. Conditional uses. (a) Purpose. Conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding neighborhood and the City as a whole, require individual review as to their location, design, configuration, and/or operation for the particular use at the particular location proposed, as well as the imposition of individualized conditions in order to ensure that the use is compatible with the surrounding neighborhoods and appropriate at a particular location. (b) Application requirements. No use designated as a conditional use shall be established until after such use has received approval under the provisions of this section and has received all other permits required by these LDRs. An application for conditional use approval shall be filed with the Community Development Department on forms provided. The application shall include: (1) A preliminary site plan, meeting the technical requirements for a final site plan. (2) An application fee, as may be established from time to time by the City Commission. (3) A written and graphic summary of the proposed project. (4) Ownership affidavit and owner's sworn to consent, if applicable. (5) Current certified survey. (c) General standards of raview. In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses shall meet each of the following standards: (1) The proposed use shall be consistent with the 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; (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs; (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; (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and (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. (d) Review by City Commission. The Community Development Department shall determine whether the proposed use complies with the general standards of review and use regulations and development standards and all other applicable development regulations. The Community Development Director shall transmit to the City Manager a copy of the written staff report summarizing the facts of the case including all relevant documents and recommendations. The City Manager shall schedule the proposed conditional use application for the next available Commission meeting providing the required notice procedures are met. (1) Public hearing. The City Commission shall hold one public hearing on the proposed conditional use request. . 11,n t ..., ........ n .... ....... n t t. .,tt " n t t. ."t '. n t ...,,.#'",^.... DocumentF rame Page 2 012 (2) Action by City Commission. In considering a conditional use request the City Commission shall review the proposed conditional use, the general purpose and standards of review set forth in this section, the report and recommendation of the administration and any oral and written comments received at the public hearing. Based upon the record developed at the public hearings, the City Commission may: a. By resolution approve the proposed conditional use with or without conditions; b. Deny the proposed conditional use. (3) Conditions. The City Commission may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards set forth in the general standards of review and to prevent or minimize adverse effects on other property in the neighborhood. The City Commission may also require formal approval of a final site plan prior to the issuance of building permits. (e) Effect of approval or denial. (1 ) Eligibility to apply for building permit, etc. Approval of the application for conditional use by the City Commission authorizes the applicant to proceed with any necessary applications for site plan approval. building permits and other permits which the City may require for the proposed development. No permit shall be issued for work which does not comply with the terms of the conditional use approval. (2) Expiration of conditional use approve/. Unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 12 months after the date of the approved resolution. An applicant who has obtained conditional use approval may request an extension of this time period by filing within the 12-month period a letter stating the reasons for the request. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant. (3) Recision of approval by abandonment of use. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. (I) Amendments and alterations to approved conditional uses. (1) Except as provided under section 31-73(1)(2), any expansion to an approved conditional use and any addition to or expansion of an existing conditional use shall require the same application, review and approval as required under this section for the original approval of the conditional use. (2) Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts. such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like. may be approved by the City Manager or his designee without obtaining additional approvals. Such minor changes will be submitted at building permit application in the form of a revised site plan along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the intensity, creation of variances or change in use shall be considered a minor change for the purposes of this section. (Ord. No. 99-09. ~ 1(Exh. A, ~ 503), 7-13-99) DocumentFrame Page I on PART II CODE OF ORDINANCES Chapter 31 LAND DEVELOPMENT REGULATIONS' ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS Sec. 31-171. Off-street parking and loading standards. h. Parking lot islands. The islands tormed by the interior of continuous curbing must be landscaped in accordance with the provisions of this chapter. Islands with impervious surfaces are prohibited, although the location of sidewalks inside of islands is allowable if an equal amount of landscaped surface is provided. Islands at the front of parking spaces must allow a clear zone of 20 inches to allow for bumper overhang. Lateral islands separating parking spaces must be provided at least every nine spaces in width. /\ ~ Q7) Parking setback. The edge of all parking pavement and access roads (not including \..-, driveway connections to a street) shall be set back a minimum of ten feet from the right-of-way S .~ of all streets. This setback distance shall be landscaped in conformance with these regulations. ( ~ C ) Landscaping of off-street parking. Parking structures and surface parking lots shall be \...... landscaped in accordance with the provisions of these regulations. (b) Amount of off-street parking. The minimum number of parking spaces to be provided and maintained for each use or occupancy shall be as follows: (1) Residential single-family detached and residential duplex: a. Garage spaces. Each dwelling unit is required to provide a minimum of one parking space in a fully enclosed, attached private garage. Dwelling units with four or more bedrooms are required to provide a minimum of two parking spaces in a fully enclosed, private garage. Conversion of the garage into living area is prohibited. . b. Exterior spaces. All dwelling units shall provide a minimum of one unenclosed parking space. Dwellings with three or more bedrooms shall provide two unenclosed parking spaces. Parking spaces shall not be located so as to require a parked vehicle to interfere with sidewalk travel lines. (2) Residential townhouse. a. Garage spaces. Each dwelling unit is required to provide a minimum of one parking space in a fully enclosed, attached private garage. Conversion of the garage into living area is prohibited. b. Exterior spaces. Each dwelling unit shall provide a minimum of one unenclosed parking space. Dwelling units with four or more bedrooms shall provide two unenclosed parking spaces. Parking spaces shall not be located so as to require a parked vehicle to interfere with sidewalk travel lines. (3) Residential multifamily. a. 1'/2 parking spaces shall be provided for each efficiency unit or one bedroom unit. b. Two parking spaces shall be provided for each unit with two or more bedrooms or one bedroom unit with den or study. c. In addition to the above, multiple-family buildings of over 35 feet in height or with more than 20 dwelling units shall be required to provide supplemental guest parking space equal to a minimum of five percent of the spaces otherwise required. (4) Otherresidential buildings. a. Dormitories, fraternities: One parking space for each bed. b. Hotels and motels, including clubs: One parking space for each sleeping room. If, in addition to sleeping rooms, there are other uses operated in conjunction with and/or as part of the hotel/motel, additional off-street parking spaces shall be provided for such other uses as would be required by this section if such uses were separate from the hotel/motel to the extent of: lJocumentFrame Page I 01'3 PART II CODE OF ORDINANCES Chapter 31 LAND DEVELOPMENT REGULATIONS. ARTICLE X. LANDSCAPING REQUIREMENTS Sec. 31-221. Landscaping requirements. 3 \~ y.-\ C:)l'L) c. The tree to be removed is examined by the Director or Designee, and is determined to be dead. severely damaged, or a safety hazard. All tree removal requires a tree permit application. (i) Minimum design standards. The following shall apply to all developments requiring site plan or permit approval except for single and two-family dwellings: (1 ) Landscape plans. Landscape plans shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons authorized to prepare landscape plans or drawings by F.S. ch. 481. Landscape plans shall be submitted with the initial master plan for the development. 2) Perimeter landscape requirements. Adjacent to any street right-of-way, plus along the erimeter of all vehicular use areas. there shall be a continuous buffer strip of not less than even feet in width. These buffer strips shall include at least one tree for each 30 linear feet, or ortion thereof, of perimeter. Where these buffer strips abut a vehicular use area, there shall be nstalled a hedge, berm, or other durable landscaped visual barrier, of not less than three feet in eight and solid within one year of planting. Where the vehicular use area is highly visible from he public right-of-way, a double row of hedge may be required by the Director or Designee. od or ground cover with irrigation. shall be installed to the edge of pavement. The fOllowing are xceptions to the perimeter landscape requirements: a. Access drives: Necessary accessways shall be permitted to traverse required perimeter buffer strips. b. Abutting a right-of-way but no vehicular use area: Buffer strips of not less than seven feet in width shall require continuous hedges and one tree for every 25 feet. c. Abutting another vehicular use area: Accessways may traverse required buffer strips along common interior lot lines when said accessways improve overall vehicular circulation within and between abutting properties. d. Abutting a residential district: Buffer strips of not less than seven feet in width shall include a continuous solid wall. hedge. or other barrier vegetation, and one tree every 25 feet. All walls adjacent to a public roadway are to be located in order to allow vegetation and/or a vine to screen the wall for anti-grafitti purposes. In addition, grass or ground cover shall be planted in the remaining open space of this buffer. --- (3) Interior landscape requirements. Within the interior of any vehicular use area (total area less required perimeter buffer strips), the following shall be reqUired: a. When the interior of any vehicular use area is designed for off-street parking purposes, the following shall be provided: 1. Terminal islands: Contiguous rows of parking spaces shall be terminated on both ends with landscaped islands with not less than seven feet in width (excludin\l curbing), and with a minimum of one tree per each island. The ends of such Islands may be tapered to accommodate vehicle circulation. Such islands shall extend the entire length of the parking space and include at least one tree for every 100 square feet. or portion thereof. of said island. The remainder of the terminal island shall be well landscaped with grass or ground cover. 2. Interior islands: Landscaped interior islands shall be seven feet in width (excluding curbing) and not less than 90 square feet each in area and shall be placed within individual rows of contiguous parking spaces so that there is not less than one island for every nine parking spaces. or portion thereof and shall continue the full length of the contiguous parking space. At least one tree shall be planted in every interior island and the remainder of the island shall be landscaped with grass or ground cover. Interior islands should not be placed directly opposite each other when in abutting parking rows. Any arrangement which creates a nonregimented appearance, relieves monotony. increases tree canopy and fulfills the requirements of this article may be approved by the DocumentFrame Page 2 013 TABLE INSET: Regular Spaces Slroller Spaces Up to 100 1 101 toSoo 2 SOl to 1.000 3 Over 1 ,000 One additional space for each SOO parking spaces _1.000 \'1\ ') \---- l~~(,,\ - LeA b. Location of parking spaces. Such spaces should be located as closely as possible to parking spaces designated for the physically handicapped andlor disabled persons; provided however, parking spaces designated for the physically handicapped and/or disabled persons must take precedence. Where no parking spaces designated for the physically handicapped andlor disabled persons have been provided, parking spaces for persons transporting young children and strollers should be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. c. Signage and markings. All parking spaces for persons transporting young children and strollers should be prominently outlined with green paint and posted with an approved permanent above-ground sign which shall conform to the figure entitled "Baby Stroller Parking Sign". The bottom of the sign must be at least five feet above grade when attached to a building, or seven feet above grade for a detached sign. (6) Size and character or required parking. The following design requirements shall be observed for off-street parking: a. Size; parking stalls. Each parking space required and provided pursuant to the provisions of this article shall be not less than nine feet in width and 18 feet in length. See figure 31-172(2). b. Size; enclosed garage areas. All one car garages shall provide a single parking space of nine feet by 18 feet free from all obstructions. All two-car garages shall provide two parking spaces consisting of an 18-foot by 18-foot unobstructed space. c. Striping. All parking spaces shall be divided with painted double lines except for single-family homes, zero lot line developments, townhouses and duplexes where the parking spaces are on a single-family site or as otherwise permitted in this chapter. See figure 31-171(2). d. Accessibility. In all zoning districts, the width of access aisles and driveways shall be substantially in conformance with the standards set forth in figure 31-171(1). Every space shall be accessible without driving over or through another parking space. Parking stalls abutting the same continuous drive aisle shall have the same angle and orientation. Drive aisles shall be one-way only which are less than 24 feet wide or which abut parking stalls with angles less than 90 degrees. Parking stall angles and drive aisle direction of flow may change only when the drive aisle is interrupted by a circulation drive or structure. MINIMUM SPACE REQUIREMENTS AT VARIOUS PARKING ANGLES FOR SELF-PARKING FACILITIES TABLE INSET: 'A' 'Il" 'C. 'D' 'E' 'F"0VenIII Parting Parking Sial Aisle Curti Angle WidIh 0epIh WidlI1 Lenglh JO' 9.0' 16.8' 12.0' 18.0' 45.S' 4S' 9.~ 19.0' 13.~ 12.7' SI.~ SO' 9.~ 20.1' 18.~ 10.4' 58.2' 90' 9.0' 18.~ 24.0' 9.~ 60.~ PARKING STALL DETAILS DocumentFrame Page I on PART II CODE OF ORDINANCES Chapter 31 LAND DEVELOPMENT REGULATIONS' ARTICLE VII. USE REGULATIONS Sec. 31-145. Town Center Zoning Districts. \'"^- slb\lC;~ ~\-- b. Minimum lot width: 100 feet. c. Maximum lot coverage: 45 percent of total lot area. d. Maximum floor density: 1. Residential component: 25 dwelling units per gross acre. 2. Non-residential component: 2.0 floor area ratio. e. Maximum height: Four stories or 50 feet. f. Setbacks: 1. Front: 25 feet. 2. Side: There is no side yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. 3. Rear: There is no rear yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. 4. Between buildings: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet. g. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 40 percent of the total number of residential units within a building. h. Required open space: A minimum of 35 percent of the total lot area of the site shall be provided as common open space available for use by all residents; of this common open space a minimum of one-half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscapinQ and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. (6) Accessibility. All residential units shall be accessible to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space. (7) Allocation of interior space. Retail stores, personal services, banks and financial services, indoor commercial recreation uses, restaurants and coffee houses, schools. nursery schools and child care centers are allowed only on the ground floor of mixed-use buildings. Offices and medical offices are allowed only on the ground and second floors. Residential uses are allowed only on the second or higher floors. DocumentFrame Page 2 01"3 . ,) ?\ .~ \-~ -.,(1) . _\:..'\J'-- canopy and fulfills the requirements of this article may be approved by the Director or Designee. Where any row of contiguous parking spaces is located so as to abut another row of contiguous parking spaces, a landscaped divider median of not less than seven feet (excluding curbing) in width shall be required between contiguous rows. Divider medians: Where any row of contiguous parking spaces is located so as to abut an interior driveway rather than another row of contiguous parking spaces, a landscaped divider median of not less than seven feet (excluding curbing) in width shall be required between said row and the abutting driveway. At least one tree shall be planted for every 25 lineal feet of said median and the remainder of said median shall be landscaped with grass or ground cover. b. When the interior of any vehicular use area is designed primarily for purposes other than off-street parking, such as for drive-in or drive-through banking or retailing, the drive-through lane shall be separated from other vehicular use areas for its entire length. with a five-foot wide (excluding curbing) landscaped area planted with one tree for every 25 linear feet, and with lawn grass or ground cover. The portion of the drive- through lane that is adjacent to the primary structure shall have a minimum three feet wide landscaped area between the structure and the drive-through lane, or as determined by the Director or Designee. (4) Landscape requirements for non-vehicular use areas. Develop a landscape plan that beautifies, provides shade, and complements the architecture of the adjacent building, subject to the approval of the Director or Designee. (5) Clear sight triangles. a. When an accessway intersects a public street or alley right-of-way, or another accessway, or when the vehicular use area is contiguous to the intersection of two or . more publiC rights-of-way, all landscaping within the triangular areas created by such intersections and defined below shall provide unobstructed vision clearance at an elevation of 30 to eight feet in height. Vision clearance requirements shall comply with American Association of State Highway & Transportation Officials (AASHTO). b. Trees having over six feet of clear trunk with limbs and foliage trimmed in such a manner as not to extend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard. No landscaping elements, except for grass, ground cover, or hedges shall be located nearer than five feet to any accessway intersection of a public road. c. Intersection of two public streets: The vision clearance area shall be the triangular area formed by the intersection of the two streets beginning at the point where property lines meet at the comer. or in the case of rounded property comers, the point at which they would meet without such rounding, and then extending 25 feet along each property line. The vision clearance area shall be where the two furthermost points are connected by a diagonal line. d. Intersection of any alley or accessway with a public street, or with another alley or accessway area at such intersections shall be as defined above. except that the two equal sides of the triangular area shall be 15 feet in length. e. Where City, Dade County or Florida Department of Transportation (FOOT) roads are involved, meet all City. Dade County. or FOOT design criteria related to highway safety for all landscaping material. (6) Required landscape or pervious areas. Not more than 60 percent of such areas shall be grass. The balance shall be ground cover, shrubs, or other suitable landscape material. [ (7) Dumpsters. All dumpsters shall be completely screened from view from the adjacent properties and the public right-of-way by the use of walls or fences and landscaping material, subject to the approval and standards as established by the Director or Designee. (8) Retention areas. Retention areas shall be landscaped with suitable planting material so as to create an aesthetically pleasing appearance, subject to the approval of the Director or Designee. , . Page I of2 ~e A ventura: Code of Ordinances Email Us I Refresh Code I Print I F.A.Q. I Help Single Word Search: .11 Advallced Search Show Table of Contents IViews IFrames ..:!.I Previous Page """I Previous Match Matches: 31 Nexl Malch ,.....1 Nexl Page !:J PART II CODE OF ORDINANCES Chapter 31 LAND DEVELOPMENT REGULATIONS. ARTICLE VII. USE REGULATIONS Sec. 31-144. Business Zonina Districts. c. Floor area ratio and lot coverage: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. d. Setbacks: Every plot shall have a front yard not less than 50 feet in depth. No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line. Every plot shall have a street side yard of not less than 15 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. Adjacent to any RS districts the setback shall be 30 feet. e. Minimum open ace: perc t of the net lot area. Said landscaped open space ..;7 may include entran featu es, passiv recreational uses andlor pedestrian walkways. This ,r,r minimum requirement may 0 i de 50 percent of roof decks and other above-grade (l~ surfaces which are provided and maintained for the common benefit of all occupants of the '< ,('~ building. Water bodies may be used as part of the required landscaped open space but r7 J~ :JY such water areas shall not be credited for more than 20 percent of the required ope' ' L. 7 space. 0'. (5) oveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. Such ASTs must conform to the following requirements: a. Be of 550 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be located within a walled service court area or be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. ASTs located within a service court area must be located atop a curbed reveal and shall be protected from tuming and backing trucks with bollards. d. Be located in a manner consistent with the site development standards of the OP zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feel. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City. 1...._ :___: .Jl1t"lnT":O J. ....._TT_............................ v~ c: ~ ~~ J ~&) h. ^ () <j\:9) \v", :'\ ') TcpFrame ~ Previous Page Page 2 of2 3. Rear: There is no rear yard setback required for a plot not adjacent to a street or alley. or where such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. A minimum rear yard setback of ten feet from edge of water is required. 4. Between buildings: No minimum building separation distance is normally required. except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet. g. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 40 percent of the total number of residential units within a building. Any uses that include a residential component: A mini um of 35 percen of the total lot area of the site shall be provided as common 0 en space avail ble" for use by all residents; of this common open space a mini f shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas). or maintenance facilities. 2. Non-residential uses: A minimum of 15 percent of the total lot area. Said landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. 3. The above minimum requirements may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space. 0( 0(1 Previous Match ,..., Next Page !:.I Matches: 31 Next Match , I ,... Wl ......~I.... 1'"11 .1 ~ i := t I: '" B fA I....."~ I' z . II ~...~ .,1; ~ .... ~ ..,.It I.' 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'" .. . p , ..;, Q: " '" - .. ~ ~ ... ~ .. ~ ~ '1ffi~ CD ~ rG ,..~ ~ ..l'1"~ ,.~ ~, ....... ~, IU.:>>' ,-25 -AVE. - ~ !" i ::D ~~ -n:r I W ~ '" ~ z f'1 -I () ~ l (I) o '" "TI ~ "TI UI ~ ITI cr ~ =u g: ; =u ..., _ ITI o r- - (5 :z: >> p ~ !" . ~ q ." . !: ~............ ~ _ i I z > 'd .. . ::l I Ul .... ..# .. ,a-..t . . ; ~':.'~'- ". ~ II ..,..., .J, - -----'J '1 PRINT VERSION Page 1 of 1 . ",..,." Miami - Dade Countv . $'I':QPrJll-. J.P-PIla.I.\lAL FOLIO NUMBER: ADDRESS: MAILING ADDRESS: CLUC: PRIMARY ZONE: BEDROOMS: FLOORS: ADJ SQUARE FOOTAGE: YEAR BUILT: LEGAL DESCRIPTION: SALE O/R: 19749-3232 SALE AMOUNT: $ 2.500.000 ASSESSMENT YEAR: LAND VALUE: BUILDING VALUE: MARKET VALUE: GAMPEL AVENTURA PROP INC. 19495 BISCAYNE BLVD #906. AVENTURA FL.. 33180-2320 0081 VACANT LAND 3800 MULTI-FAMILY RESIDENTIAL o BATHS: o LIVING UNITS: o LOT SIZE: o MARINA DEL REY REVISED PB 144-89 T-18385 TR P LOT SIZE 1.51 AC MIL FINU 30-2203-051-0050 FINU 30-2203-052-0050 SALE MONTH: 6 28-2203-052-0050 SALE YEAR: 2001 o o 65.776 SQ FT $1.052,416 $0 $0 $0 $1.052.416 ASSESSMENT YEAR: LAND VALUE: BUILDING VALUE: MARKET VALUE: 2001 $1.052.416 $0 $1.052,416 ASSESSED VALUE: HOMESTEAD EXEMPTION: WIDOW EXEMPTION: TOTAL EXEMPTIONS: TAXABLE VALUE: 2000 $1.052.416 $0 $1.052,416 ASSESSED VALUE: HOMESTEAD EXEMPTION: WIDOW EXEMPTION: TOTAL EXEMPTIONS: TAXABLE VALUE: $ 1.052.416 $0 $0 $0 $1.052.416 'II' 'iiil ,1'0 , i :'1 i!lll ~!I~ I ':i I l!ilil~ i ,5 Pi,-i, i r"; ~ ! '~ '~I i !i,i!ii !!~ ,~ !!5 ',:'.~. II l'i ,~z :i I, i m 1 1 ~ .~.ql i i~ V 111111 :'1;; ~ : ': ii I II ! Iii! !1'1!!~1 ~ ~ ill ii [Ii p~ _: ~~ ;11; lrl ':1 ;1 Q:m r - ,I;"i ~ '. 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Iii WI!,l.i:JiJli I~ illll!i!J Imvll!lI,lj!!llllllj'l ! a~!i!!p!l!,liii IIi 'I~ . I (!{ IhH I'll! l ljt J I i ~Iw; Ill1 11 (I . J1;J'!lrH WllI,Hi i l[~ j:J!!11 H WiIJI!'Jill P!!J! 1)1 Ii' '. I'" ! lln J .. I' ," :. II' . "I 'I'W h,l, I . "Ii'P 11 liil/lii ! . I: III' Illllj J 1 ili1,!i.1 J', ,;j'H,jj l' 11 i! I i 1!1i WIlll i1i"IlIIII, i[:l,"il; II! III i ; I I ill t I I Ii' hi' j I ~ I , I ~ ' I , I m o ! , ~ S f?~. I ;: , IDr;ln · . '1 l,c in!" , , !LJI !Ir! l'lt. :, :,." .'.' !5~b= iI., "0 \:~,. ,,< , .,..,-'-, , >" i 'I' I'" " :::! 'I ! ~ ~ I I # ,10'11 Lei, I'j ,!~! ; S z . ::. ~ 21 : ,II'! r-l \ ~~ ~ ::1 r. 21, t i ~! g, \ . m h ".~' I' ., i ~ \ \ ~-1 ,I: pr.' ~~ t (") ! Ii :: IT;""i \-', \ . I ,I 'i II :-.J' I! \t\~\ '. .... "I 'I ' ~I I;, .\\\ ' . . < ." , '" ,I~ ~I~ l~ ~d2 ~tr:l '<: c> "',0---3 ,,~ _0 !,;Z r .'t L ri,' '!. J "[0 , 1'__ . I ril~----rtIilrt1r------llI PROPOSED DESIGN FOR: Il~;-~T'...r 1------- < rll :1 i~ -~~ ,t '" 'ill ...I. "1 "~ I~ I~ I: 'M '<: I~ I' ~~ ~~~ ~ "I I ;:A~ W'j "~'. ~~ ';,- ? ',. r:onT'T'....a.lilo.T _r.'lo.If"'flo.T^"l .. AC'C'''I"' Il~m ; , "" ,(- j~ ,. ~~~ ~!.L; " :'~ I~ i0---3 '0; 1[;; I~ '0 iz l ,II~..."..... 1ft" /, _:1.....1 " l'.i -'-"Ii ? , ,I :~~ ,,01 , , " .1, ,.1,: :.;: d~ f .,~ f-."" ; I~ PROPOSED DESIGN FOR , , , , "!~ ~~~ " ~~ \rl ,~ 'I '" 'tf; "'\ "-'J< I~ i , Ig; l::j 0:: 0; t-< 0; <: ,.. >-l ::; Z ~~~ ~~ ""'l ~~3 , . r"u'C~ .CDCt:nUAl>J .I:j't\JrHJ()I;l:A R. A~C;;{)r (3d?) /J1111l(,(): q)7~ 0:;06 COVENANT RUNNING WITH THE LAND DECLARATION OF COVENANT KNOW ALL MEN BY THESE PRESENTS that the undersigned, Oampel Aventura Properties, Inc. ("Gampel"), is the Owner ("Owner") of the following described property (the "Property"), lying, being and situated in the City of Aventura, Miami-Dade County, Florida, to wit: Tract "P," Marina del Rey Revised, according.o the Plat thereof, as recorded in Plat Book 144, Page 89 of the Public Records of Miami- Dade County, Florida. Located at the southeast comerofN.E. 190'" Street and N.E. 29'" Avenue. WHEREAS, the Owner has filed and/or is in the process of filing a zoning application for conditional use approval and certain variances with the City of Aventura. NOW, THEREFORE, in connection with Owner making application as referred to above, Owner hereby freely, voluntarily and without duress, makes the following Declaration of Restriction: 1. It is the Owner's intention to develop the Property as an office building with a banking facility located thereon. 2. The Owner, its successors and assigns, hereby covenants and agrees to restrict the "public access area" for any bank to be located on the site to no more than 3,792 square feet. 3. The undersigned agrees and covenants thai this Covenant and the provisions contained herein may be enforced by the City of Aventura by preliminary, permanent, prohibitory and mandatory injunction as well as otherwise provided for by law or ordinance. 4. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded at the Owner's expense, in the public rccords of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner until such time as same is modified or released or until such time as applicable City of Aventura zoning requirements arc modified or released so that the above referenced restriction is not applicable. 5. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of years from the date this Declaration is recorded provided however this Declaration shall be extended automatically for so long as a banking facility is located upon the property. 6. This Declaration of Restrictions may be modified, amended or released as to the land herein 1::12I:9t cl2l,9c ~l:;tW tl2ld 9l.t MOI~3d 9~38WO~~ tl2lt12l91::6-51211:: described, or any portion thercofby a written instrument executed by 8 majority of the thenowner(s) of811 of the property provided that the same is also approved by the City of Aventura. The City of A ventura shall have in its sole discretion the authority to accept or reject the suggested amendment or termination; provided however that the upon the request of the undersigned that the Declaration of Restriction be terminated and released by the City of A ventura when the Property or any portion thereof is no longer used as 8 banking facility. 7. Declarant represents that it has the full right, title and authority necessary to make this as 8 binding covenant. 8. This Declaration shall be filed of record in the Public Records of Miami-Dade County, Florida at the cost of the Owner following adoption by the City of A ventura of a final resolution approving the application. Signed, witnessed, executed and acknowledged this __ day of ,2002. Witnesses: Owner: GAMPEL A VENTURA PROPERTIES, INC., A Florida corporation Print Name: . By: Margo Absher, Vice President Print Name: STATE OF FLORIDA ) ) ss.: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this __ day of ,2002, by Margo Absher, Vice President ofGampel A ventura Properties, Inc., on behalf of said corporation, who is personally known to me or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: lO:0:91: G0.9G ~I;:jW G0d 91.1: MOI~3d 9~3BWO~~ 1:01:09lO:6-~0lO: '1 .. LEGAL DESCRIPTION: A portion of Troct "P" of the plot of MARINA DEL REY REVISED, os recorded in Plot Book 144, Page 89. of the Public records of Miami-Dade County, Florida Beginning at the most Westerly Southwest corner of said Troct "p", thence N01"46'S7"E along West line of said Tract lip" olso being olong the East Right-ot-way line of N.E. 29th Avenue, for 137.84 feet to 0 point of curvature of 0 circular curve concave to the Southeast and having 0 radius of 70.00 feet; thence Northeasterly olong said West line of Troct lip" and East Right-ot-way line and the orc of said curve through 0 centrol angle of 19'18'11" for on orc distance of 23.58 feet; thence 50S 1 2'27"[ for 155,61 feet; thence 506'37'24'W for 84,48 feet; thence 58T30'00'W olong the South line of said Tract "p" for 1.49 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: - This site lies in Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida. - Bearings hereon are referred to an assumed value of NOS12'40"W for the centerline of N.E. 29th Avenue, said bearing is identical with the plat of record. - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. - Lands shown hereon containing 1,132 square feet, or 0.026 acres, more or less. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 2970-224. SU RVEYOR'S CERTI FICA TION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on March 21, 2002, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61G17-6, Florida f'odministrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of 0 Florida Licensed Surveyor and Mapper" VY, SKILES, INC" LB3653 By: ."'Ira wn By OCFJR Cad. No. 020360 Kel. uwg. 2970-224 Plotted: PDATE r DESCRIPTION, NOTES & CERTIFICATION) FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS. SURVEYORS AND MAPPERS 180 Northeart 188th. Street / North Miami Beech, Florida. 33182 Ph. 30.5-8.53-4493 / Fax 30.5-651-7J52 Date 3/20/02 Scale N/A Job. No, 020350 Dwg. No. 1002-014 Sheet 1 01 2 I \ I I I I I I I I I I I I I I I I \ I I I I I I I I \ \ I I I I I \ ~I . N I <(~I . 0-\ 'O~\ \ <(8\ a: '" \ \;il 1-3\ Z 0-\ 1 ~ \ .... I 1 .'" I I :;, , I Co LSOUTH LINE OF' \ ~ TRACT ~pH \ --- --1 I . I POINT OF 1,49 'S 1 BEGI r~ .,~ I SOUTH .~~' OF MOST WESTERLY SOUTHWEST ~l>-y.., Vc" I r TRACT CORNER OF' TRACT "p. . -,~~, _.-----.1--------- P.B. 144, PC. 89 SJZ'~~.;:t - - - - - - NOT SUBDMDEO I ,.00 I . Jrawn By 1 I I I- I N.E. I 1 I I 1 I I I I I } 19'18'11.\ 'r R= 70.00,1 L-23.58' I I I 1 p I_ I I ~ ~ 1 .,; on I I I I I l" I ~ N 1-:.... .... I to Fo> IJ;; Vl I- II" II;; lio \~ l!i I 1 I \ ~\ ~I ~ ~\ ~~l ~\ I OCFJR .. '" , z p-:J '" y?(:J ~~~ l--~~ ~o" 01_ ~m ",J:N Z" :J(2ui I-I-Z ~l!I4- ,<",0 Cad. No. 020360 .. "g. 2970-224 ______________1- ~-----\- I /'..... \.- NORTH LINE OF' , / TRACT "p" I / I / I I I NT I S~~ I (...". ~ --I I I I \ I \ I I I I I \ I I I I I 1 I I I I I 1 1 I I 1 S8T3~'48"W STREET 190th MARINA DEL REY BOULEVARD rfJ ~ ~ e. q:. .q" .. ., /"N A. ~' <Y CJ .' boo d!"",,~ ~ "...,..~. ~ ~"X' Q - GRAPHIC SCALE ~ ..= co ~' ( IN FEET ) 1 inch - 40 f1. LEGEND NT _ NON-TANGENT PB - PLAT BOOK PG. ". PAGE PC - POINT OF CURVATURE ----- ,#- r 1 Dot. 3/21/02 Scale 1" - 40' Job. No. 020360 Dwg. No. 1002-014 SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 North~ltst 168th. Street / North Miami Beach, F'lorfdll. 33182 _. ~_~ ~.~ ..Aft i ~___ ft.... "".. ....... .c:.......t .., ,,( ? " I 1,1";JUJJJiUJUO r, UWUUI fix Date/Time APfi-01-2002(MONj 14;56 04/01/02 14:00 F~t 5018823703 56 j 8823703 p, 002 IaJ 002 April 1. 2002 Ms, 10anne c.'lrT City of A v.ntura 19200 West Country Club Drive Aventwn, Floridn 33180 Re: Northern Tn,sl Office BUildin~ N.E. 29" Avenue 8< NJ;:, 190' S1rcet, Avemura, Florida 040711001 Dear Ms, Can~ -.- ----- ~_..__.. w...nxojn..receiPto(eommentSJromMs"SlIT,uoOcJ)anicl>on.nddrouellto,yllll..__ __.u ,__ _. _,___ . ,_ regardina anlllysCII tbllt we hove undcrtDkcn rolaled to thellroposed Icfkutn ingress from N,E, 29'" A venno inlo the Northern Trus. sile, Wo havo propnrod tho following to address these comment., The Appll...nt Rhould pl'flvld. . trip gcnernUon cslimate cnoom)l8llljb'lJ{ dailJ', a.m. p...k hour und p.m. pook hour soenor.lo., prepare.! ill aecordance with lb. methodologies set fortll bl the Im.1itute of Tl'1IDllporllltion EnRin<:clll in their report TrY Gln.mlion, 6 &Ution, Th. trip geaoralion 1'IltC.. provided for llllld us. 710, Gcncml Office Building in lbe Institull: of Tnmsportnlion Eugineers' Trip G.neratic,~ 6111 EdIlion provided dl. basis for tho anslysis that WIL. performed. T"bl. 1, which summnrizcs the lrip generatiun enlewationa that were undcrlllklln for the nnalysls, hIlS bccn prcpalCli ond is attached to this letter, 'fbe Applio:ont .hoold ulau provide a projeot traflle dlstribulioD. and assIgnmonl; diafll'llD1 clearly IndlCAllnl! all points of ...... lI5lIociated with the properly and the DXpIlCtcd use of ew:h on a daDy and peak hour bulr. Pigutll1, illult'nItlnll the lruffle distributiOll and IISSill"mcnt based on tbeloeatlon of the project access points Ilnd the cardinal distribution thnt wns provided by Miami" Dade COllJlly, hIlS been ptcpatcd IlIIll is ntmchcd to alis lelter. The Applicant should provide a trip JCllC!rllIion esUmate and an ....lcnll1llDt and cllstrlhllllon d1agmm for tI.o narbor Center dovc1opl1K!l1t, If appropriate, tho Appll...nt S!IOllld pro,ldo further ovIdcnc:o that tho addlllClll or trame from the approved development will not adversely nIT..! tile e.lculated queu. lengths ulong N,P;, 29'. Avenue. As discussed In our phone convcnuuion IUlJt week, it appolU'! th4t D tmffic study waa not performed for the Harbour Centro dcvolopmont. Based on information that you Wdj-LUULI.,IlU11! 1))1 U ,i:llt CL ur,U,lili LA i I U II \ t,ti! JUJ~ J IUJUO 1. ~~H~i Rx Date/Time APR-Ol-2002(MONl 04/01/02 14100 FAX 5018523703 14: 56 j 61 aa 23103 P,003 ~oo~ MI. JOAnne Carr, April I ,2002. Pl1~ 2 provided Ie~'1ll'<liDg the 11 "btOry office tower flnd tho flSwoci.ted recnil oUlparcol, we hove determined the trip generation potentilll for the development based un eqUlltioll5 contained in Trip Ge11Sra,inn, rfl l!.'ditiolJ. 'ibis information is sununarizcd in Table 2 auached to tht~ leuer. UHing the SRIDO Cllrdinnl clistrJblllion that was obtninecl and used for the Nortbcm T\'W1t sile, trnrJie for the Hnrbour Ccnm: development was assigned 10 the sUlTUuudingroadwRY nctwOl'k. Figun: 2, attaehecllO this letter, illustllltcs the DSnignmcnt onrarboU1'CenIrc trnflic tn N.E.. 29" Avenue, Tho inem..e of traffic volulno on III,];' 29"' Avenue from the HarborCcnr:rc project does nOl alter the initial Rnllly,is, The iniriRl analysis assumed that all of the trlIfflc turning len into me Northern Trust siro will have to stop, To the cxUlnl mal enwring tlllfflc doclI not nced to stop, unffic conditioos will bo bcUCr thllll analyzed. A PIam Preparation Manunl occ:llon and page nlU1lbor from ..hIc:h tho queue length equation originated .1I0uld bo c1eurly idcntined. Thc equaUon Lll/cdin the nnlllyllls io found on pnge 1-7-16,0 of the Plans P1'.t:P.at'J1/ions MQltuol,_Acopy_of.this_pageJla.'.bcco.lltlllc:hed.lO.thI5Jeltel:.!OL__. .. .._ __.. .'_.__'.,_ -- ... . - -. ....-.-.. .-- .nee, T1;e fOl'mnW. iN 'pcciJiClllly orienllld to signRlizcd Inrm:scetlona, The appllclltlon at tills unRignu\l7w locution WllS baoed on a GO second disehRllle.. rccommCllded ill the Instlmte of'frnnspoltntlon tlnginCCl'6' TrajJIc Enginuring l1aMbool:, A striping plan oncolllJllL'IHinR tho IntCl'llcctlon ofN.E. 29"' A vonue nt N.E, 1lI0lh Streot shoold be provided. 1'hi5 comment is being nddI'Csocd under 'CJllIl'lltc cover os a site plnn illSUC, Wo tIust thot this udditiollnl Information will address thooe comments, Plcase call if you bove nny qucstion.," Sioeerely. KIMLEY-HORN AND ASSOCIATES, INC. Christopher W, He/l'b<CII, F.J. Transpol'tlltlon Analyst CWHJle.m Co: Margo Absher Stanley Price, E.lq, Au.ehmenrs \\ICT1..U"'OUU'RQJ~IIlOI\IUOI~ Rrn-UI-lUUillunl UhimL Ur,uRi'IIL,IIIU:1 1))4 Rx Dal=/Tlmo APR-OI-2DDZIMON) 04/01/02 14:00 FAX 5618823703 14; \6 !(AA! j~)~ji~j~o ~, ~~U~! 5618823703 1',004 IaI 004 TARJ.Jtl NOIlTlIEIlN l'IlU5'l' OW1Clt .~ILD1'NG TIlIl' GXNRIlA'fiON LlUldV.. IlJwnsIly Dolly AM Peak IJour PMI'ull.llwt' 'l'r1llrt1 l'oCItl III 0uI -, lA 0.. ..mr...ctl81Io Trame Gealnl Omce nuDdlna 24,flOO Iq.n. 4Iii II 11 ! ~ ~ l2 Sablollll 264 37 33 4 36 6 30 Drl\'cwtl)' VOklmllll "" 37 n . 3Co 6 :lO Nol Newltl&cmMt Tndlh: 26< 37 33 4 36 6 Neal Trip &cncmtlcn Wnt CtIlcl1ottlltlJ. 'lllla; the: fnl10winn d:lln: 0"11)1 Tl1lak OmcmUaa Gmaenl Orflal Dllildlna [rnZ710] . T",,11.0tulp31pert,oDDI.r. AM k'mkHamrTraflic OCl\CZIIUClI\ Gmcnl ora", 1JuUl1inc [lII<'/I0J " T 11I1.56 trlpa per 1,00Ds.!. (18-'111, 11"1N'Q --- . -------- .--.--...------------ ..--..--.- -'--..... .....----..- PM PI!Ilk t4NrTrAm~O'Cllltll.1W1 GCI.l~ Orttc'C DuUWlII [tllJ7l0J . TIIIIA9Iripercr1.000J.t. (1'7~hI.8]"au1) .. no dlrccllonnl dbullnsl100 DnVlabll:,. D5lIumcd 10 lie (SOIdI111. SlI'XI oul) p.~r1NJaDJ\lIttIfI"'-.rIr"",..r"l 41Jf.IIlQ!JC;4, ===~ ~!!!!"II" m-~I-!~~!I!IIUI~! uAllnL Ur,UAI1ILAIIUI1 lJJ4 Rx Dote/Time ^PR-OI-ZDOZ(MDN) 04/01/02 14:01 FAX 5818823703 14:56 I)AA!j~Jjjl~m 1, ~~U~I i 61 B 8Zl7D3 P,005 1il005 1'ADUt.z n"nnOVll CllNTIlIl 'l'Nt' ClENlCRATlON L4dtl 11. lntOllIll1 n.11I "'M k lutlr PM PIlOkOlM,r T~.. TDlIlI '" 0.. T.... I. 001 I'Porwaml Sh. Trdl'lc! . a......1 0'"" D'"dlllll ZM,Q59 ~q. R. 2.4M '55 m 43 330 50 "4 Retail 10,000 tq.n. 1,551 41 :zs 16 137 GG 71 Qualil)'RelbWnIIf. 10,001I "I,ll. !JOCl 8 4 . 75 5. 2S Rllh ThmO'f'trSll.J)OWD~ GMOSII.n. ~ a JI. ~ 2lI ~ .n SablOlnl ~.75il d63 3,. 91 GI2 11. 39ll Interml ClplUrt S" ::UH 13 1. S 31 II 10 hu.Dy Tnftlc ltelllll '1611 1,120 3D " 11 .. 41 51 QUlIUlyKcltIKJrMI: .... 31" 3 1 1 31 11 I' RlaboTumoverSlW:Jown Rsulanmt "3.. :w. ~ 11 Jl ~ II 1l s.b\oCI! U37 57 33 ,. U. 16 n Priv!."'''yVulum.. -- .. - SA'" 014. 3S.l llll SRI 103 378 Nil New n:IlIItIIIl'rmlIlc: 3,610 ,.. 330 6Z 4'" 111 300 Na~ TI1r ....11I11011. M' CDlwIAled allDI Uac followln, UIlR: OIl11yTmmo OCRCIlItioa. G=unJ. Oma: Bulldlll6 {lm11O] . Lnm rl U.7Bd. m(X) +).G$4. ....n [l'lY.B:lOI . La(1) -n.ti....;I.n(X.l +-5.8&5 q..Ilty",,,,,,,, [rrn 1:132] . T_89.!JSbipl pili' J.tlDO..r. HIli," Tunla~ si",nown R.cItDvr:uIl U'rJ!lfJl] . T. 13D.34lrll" per 1.000 ..r. ^,,'w RoutTrom.O..entlcm Ocnom OMe. nlllldio; [l'm7101 . l.J&cn . O.7!)7 So T~ + 1.$~ (1I'1l"1n. 12" oaq 1lI:ul\ lff15I120) . 1.n(T). G..'i9GI.nOC) ...1.329 (6111' I.. 3~ 0111) QaoIllyRol,.,.,.. [TIll"'] . 'I' . O.d 11111'1 'PCf 1.000 ~.1', . Hlp:rumover SI1,Dowa R'IllI1lwnInl. [nllB31] " '1' M !1.%1 trIp1p:t 1,000 ,J. (5%'" 1a, 41t'loOlll) PM reAk ITour'n:.n1c:GauntlDA Omc:nat omce BIIIldInI {l'm711J] - 1'-1.ll10Q .1-79.295 (11'1111., 83111I ullU ..... [rn,1l301 . I4I) '" O,6GOT.J100 + J.4OJ (4&~ ill, 51.. aut.) QUlIIlltyRellAlmUI1 [tll!tl31J . T-;A9lrlpttJet l.ooo.L (m-:l Ill, 33" 0Il1) Hi;h-TumnYlrSltoDowD I\erblbnmr. [n'llB3n " T. 1O,II61rlfll "" 1.DDO IJ, (....In, 4O"lIIII) . no d1rec:t.11lGlI1 dlllribul10n "VIlIllbte. IIIWlled to be (SO" In.. ,n.. oal) JI~IJNJOOJV~IhlIu_rhtMtlrflftlrr.J UI/Zt~/hfJ IaIO ~-.. m-W!UU!liIIUIII jJ:J~ UAlllrtL UKuAi\II,\IIUII \rA.\jj~l~mj~o r. ~ ~ i I ~ ~ i ftx Date/Time APH"OI-ZOOZIMON) 14;\6 04/01/02 14:01 FAX 5616623703 I -, ,I -' \G 1 8 823103 P,006 IilJ 006 -..-- There are severallechnilluCJ used to delcrmine nllCe.lsary storage lc:nglh. The following are suggested guidelines for left lurn lanes. '-" o Where prolected It,n turn phasing Js provldea, an exclusive tum li\Ilc should be provided, o Len lurn lanes should be provided when turn volumCi exceed 100 vph and may be consldcNd for lesser volumes if space pcrmlls. o For sisnall:tcd intersections, the fOllowing formllla may be used, assuming an lIVenae vchiclll length of:zs fecI. L... t'2.0lIDI~V1 1251 --------N-- -. _. __u_._.____ .._._.____._ _........._ ____.__.._ " WflCl\I - L.. design IClIj;lh for lel'llurn slorage III feel DHV .. lcllturn volume during design peak hour, In vph , N... nllmber of eycl" per hllur for peak bour, USIl N ... 30 as default. ..... o . Wbere left turn _vlllumes ll.\cced 300 vph, a double len lurn sbould be consldCllld. o When nghl of way h;q lIlrelldy been purchased, and !he designer has 10 choose bClwCClI II lonl wide llrass median or a long lcn turn lane, the Slo....e lenlllh for !he left tum should be as long as pracllcal wilhout hindering olher ilCCCSS. ..-/ Rillht turn lanes are providOCl for many of lhe &lnle /'ClISOJl$ I!S lelllurn Jan~. Right lums; are, however, ~l:I'lI'l.y madll more cmcienlly lhan len 1lIms. Righi ~ ~tGragc lanes shauld be wlI$ldClCCl wilen rilhl 111m volume CIleClCd4 300 vph and the acljacont- IhrOulh volume also exceeds 300 vphpl. :. Revised 12/08193 t"7-16.0 ...,; ~ . MINUTES CITY COMMISSION MEETING MARCH 5, 2002 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33160 1, CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 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: Barbara Brighton led the pledge of allegiance. 5, SPECIAL PRESENTATIONS (Taken out of order): Certificates of Appreciation were presented to members of the Beautification Advisory Board, Recreation and Cultural Arts Advisory Board and Certificates of Appointment were presented to the newly- appointed members of the Economic Development Advisory Board. 3, ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by the City Clerk, Mr, Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING 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, Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Holzberg, seconded by Commissioner Cohen, unanimously passed and Resolution No, 2002-14 was adopted, 4, AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None, 6, CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen, unanimously passed and the following action was taken: A, Minutes were approved as follows: February 5, 2002 Commission Meeting February 21, 2002 Workshop Meeting B, Resolution No, 2002-15 was adopted as follows: 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, C, Resolution No. 2002-16 was adopted as follows: 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. 7, ORDINANCES - FIRST READING/PUBLIC INPUT: A, Mr, Wolpin read the following ordinance by title: 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. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg, There was no public input. At the 2 request of Commissioner Beskin, an amendment was offered by Commissioner Cohen, seconded by Vice Mayor Rogers-Libert and unanimously passed to amend paragraph (b) on page 3 to delete "concerning the solicitation or award of a bid" and add "as outlined herein, " An amendment was offered by Commissioner Cohen, seconded by Vice Mayor Rogers-Libert and unanimously passed to strike the last sentence in paragraph (c) on page 3. The motion for approval, as amended, passed unanimously by roll call vote, B, Mr. Wolpin read the following ordinance by title: 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 THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE, A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Cohen, There was no public input. An amendment was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed to add to the end of the first sentence of paragraph e, page 4 "and/or City Manager," The motion for approval, as amended, passed unanimously by roll call vote, 8, PUBLIC HEARING: ORDINANCES - SECOND READING: (Individual items taken out of order) E, 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, 3 A motion for approval was offered by Commissioner Berger and seconded by Commissioner Grossman, 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, 2002-04 was enacted, G, Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE, A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Berger. Mayor Perlow opened the public hearing, The following individual addressed the Commission: Eric Albin, Island Way, There being no further speakers, the public hearing was closed, At the suggestion of Mayor Perlow, a motion was offered by Commissioner Berger, seconded by Commissioner Grossman and unanimously passed to include a final Whereas clause stating that the staff memorandum attached hereto and incorporated herein reflects the legislative history of this matter. The motion for approval, as amended, passed unanimously by roll call vote and Ordinance No. 2002-05 was enacted, A, Mr, Wolpin announced that quasi-judicial procedures would be invoked for this item 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 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. 4 A motion for approval was offered by Commissioner Grossman and seconded by Commissioner Berger. 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, 2002-06 was enacted, 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 was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Grossman. 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. 2002-07 was enacted, C. Mr, Wolpin announced that quasi-judicial procedures would be invoked for this item 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. 5 A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Cohen, 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, 2002-08 was enacted, D, Mr, Wolpin read the following ordinance by title: 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 "An 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 Holzberg, 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, 2002-09 was enacted, F, Mr. Wolpin announced that quasi-judicial procedures would be invoked for this item 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 FOUR (4) PARCELS LOCATED AT 3000,3020,3131 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Cohen. 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, 2002-10 was enacted, 9, RESOLUTIONS: None. 10, OTHER BUSINESS: None. 6 11, PUBLIC COMMENTS: The following individual(s) addressed the Commission: Alfred Miller, Terraces at Turnberry; George Berlin, 1940 NE 194 Drive, North Miami Beach; and Joseph Platnick, 18071 Biscayne 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 7:25 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, 7 ~ . MINUTES COMMISSION WORKSHOP MEETING MARCH 21, 2002 8:30 AM Aventura Government Center 19200 w. Country Club Drive Aventura, Florida 33180 The meeting was called to order at 8:40 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. Commissioner Cohen requested that the City Commission be listed on letters and notices regarding the City updates to condominiums/homeowner associations to be presented by the Mayor and City Manager. 1, CULTURAL CENTER FOUNDATION MEMBERS: The following individuals appeared before the Commission to discuss appointment to the Foundation: Janet Laine, Lenore Toby-Simmons, Efraim Weinberg, Don Gustin, Alan Lieberman, and Amit Bloom. CITY MANAGER SUMMARY: Consensus to prepare a Resolution appointing each of the above individuals to the Foundation for discussion at April 2, 2002 Workshop Meeting and possible consideration at April 2, 2002 Regular Meeting, 2, PROFESSIONAL FUNDRAlSING SERVICES RFP: Representatives of Miller, Calhoun & Company, and Clover Development Strategies addressed the Commission each with a proposal to provide professional fund raising services. CITY MANAGER'S SUMMARY: Consensus to defer selection. Workshop meeting scheduled for April 2, 2002 at 3 pm to discuss items 1 and 2 above further. 3, FOOT SURPLUS PROPERTY: Deferred to April 2, 2002 Workshop Meeting. 4, NEWSPAPER STANDS: Deferred to April 2, 2002 Workshop Meeting. 5, NE 188TH STREET RE.ZONING -INCENTIVE PACKAGE 2: Deferred, Regular Workshop Meeting scheduled for April 30, 2002 at 9 a,m. 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 11 :45 a,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, CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Eric M, Soroka, City TO: City Commission BY: Robert M. Sherman, DATE: March 18, 2002 SUBJECT: Resolution Authorizing the City Manager to Execute Work Authorization No. 01-0103-016 from Craven Thompson & Associates, Inc. to Perform a Municipal Public Transit Study April 2, 2002 City Commission Meeting Agenda Item .1i3 Recommendation It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached Work Authorization No, 01-0103-016 from Craven Thompson & Associates, Inc, to perform a Municipal Public Transit Study in the amount of $30,000. Backaround The City has received an MPO grant that will fund 80% ($24,000) for this Work Authorization to prepare a Transit Enhancement, Expansion and Improvement Plan that will identify the best methods to improve the existing shuttle bus service. This study became necessary, as ridership has grown beyond expectations and to prevent overcrowded shuttle bus routes. The plan will contain specific recommendations in the areas of expanded routes, days and hours of operation, and revised contract specifications. The Center of Urban Transportation Research (CUTR) of the University of South Florida has been selected as the sub-consultant to prepare this study. CUTR has prepared the original transit studies that structured the existing shuttle bus service, RMS/gf Attachments RMS02033 RESOLUTION NO, 2002-_ A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION #01-0103-016 FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN THOMPSON AND ASSOCIATES, INC, TO PERFORM A MUNICIPAL PUBLIC TRANSIT STUDY IN THE AMOUNT OF $30,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization #01-0103-016 for Professional Consulting Services with Craven Thompson and Associates Inc, to perform a Municipal Public Transit Study in the amount of $30,000. Section 2, The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption, The foregoing Resolution was offered by Commissioner who moved its adoption, The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M, Perlow Resolution No, 2002-_ Page 2 PASSED AND ADOPTED this 2nd day of April, 2002. JEFFREY M, PERLOW, MAYOR ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO, 01-0103-016 The City of Aventura has requested Work Authorization No, 01-0103-016 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No. 01-0103-016 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement, Review and Analvsis Complete review and analysis of existing municipal public transit system Total Review Phase $10,000,00 $10,000,00 Studv Study and Recommendations for updating The City's municipal public transit system Total Cost Analysis Phase $19,000,00 $19,000,00 Reimbursable Expenses Travel, Printing, Graphics, Communications, Couriers, Express Mail, Etc. Total Reimbursable Expenses $1,000.00 $1,000.00 Total Estimated Labor Expenses are Total Estimated Reimbursable Expenses $29,000.00 $1.000,00 Project Total $30,000,00 The time period for this work authorization will be: Review and Analysis Study 60 Days 120 Days CITY: ATTEST CITY OF A VENTURA, FLORIDA through its City Manager BY BY City Clerk City Manager Teresa M. Soroka CMC. Eric M. Soroka day of ,2002 APPROVED AS TO FORM BY Notice to Proceed Yes No City Attorney Weiss Serota & Helfman, P.A. Project Initiation Date through its nity Services Robert M. Sherman. CPRP day of ,2002 Exhibit A Consultant shall, as requested, prepare a Transit Enhancement, Expansion and Improvement Plan that will identify the best methods to improve the existing community transit services for the City and enhance the service level and increase ridership and is customized to the special nature of A ventura and complementary of the regional transit network. The Plan will contain specific recommendations for implementation in the reas of circular routes, hours of operation, days of operation, revised contract specifications, equipment needs and a marketing plan., Through our subconsultant, The Center of Urban Transportation Research, University of South Florida, we shall complete the following tasks: . Analyze the existing circular service routes, ridership and service levels. . Prepare recommendations for revised routes to improve existing service. · Prepare recommendations for additional routes to enhance existing service, . Prepare recommendations for expanding existing circular services to include additional days and hours of service and a marketing plan, . Evaluate existing equipment and prepare recommendations for replacement if necessary . . Review existing contract specifications, . Coordinate with the City on revising the Interlocal Agreement with Miami-Dade County. Should it become necessary to attend meetings with State, County, and/or local officials or to perform any additional work not specified herein, we will be pleased to do so at the rates specified in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Resolution Authorizing ution of Amendment No, 3 to the Construction Management Services Agreement Establishing the Guaranteed Maximum Price for Phase III With James A. Cummings, Inc. - Community Recreation Center Project - N.E, 188th Street Improvements April 2, 2002 City Commission Meeting Agenda Item ry c., RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which authorizes the execution of Amendment No. 3 to the Construction Management Services Agreement, which establishes the Guaranteed Maximum Price (GMP) for Phase III, N.E. 188th Street Improvements project with James A. Cummings, The GMP for Phase III has been established at $1,339,217, BACKGROUND In order to expedite the completion of the N,E. 188th Street Improvements to coincide with the opening of the Community Recreation Center, we have negotiated a GMP for the subject project. The improvements consist of the following: 1 , Widen the roadway to four lanes, 2. Install a landscaped median. 3. Install drainage. 4. Install sidewalks. 5, Install decorative street lighting Memo to City Commission Page 2 6, Extend water and sewer lines to serve Community Recreation Center, Charter school and future development. The Phase 11\ GMP is $1,339,217. Approximately 65% of the project costs will be reimbursed from developer fees from future development. The project will be funded from the General Fund, Stormwater Utility Fund and State Grant Funds. The construction completion date is scheduled for December 2002, If you have any questions, please feel free to contact me. EMS/aca Attachment CC01083-02 RESOLUTION NO, 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO, 3 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/NE 1SSTH STREET IMPROVEMENTS PHASE III; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE III; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Manager has negotiated Amendment No. 3 to Agreement for Construction Management Services and the establishment of the Guaranteed Maximum Price for Phase III; and WHEREAS, the City Commission, upon review, wishes to authorize the City Manager to execute Amendment No.3 to the Agreement for Construction Management Services and establish the Guaranteed Maximum Price for Phase III with James A, Cummings, Inc, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2002-_ Page 2 Section 1. The City Commission hereby authorizes the City Manager to execute the attached Amendment No. 3 to the Standard Form of Agreement between Owner (City of Aventura) and Construction Manager (James A, Cummings, Inc.) for the construction of the Community Recreation Center ProjectlNE 188th Street Improvements Phase III. Section 2. The Guaranteed Maximum Price for Phase III as outlined in the attached document, for construction of the Community Recreation Center Project has been established at $1 ,339,217, Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution, Section 4. This Resolution shall become effective immediately upon its adoption, The foregoing Resolution was offered by Commissioner who moved its adoption, The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No, 2002-_ Page 3 PASSED AND ADOPTED this 2nd day of April, 2002. JEFFREY M. PERLOW , MAYOR ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AMENDMENT NO.3 TO AGREEMENT BETWEEN OWNER AND CONSTRUCITON MANAGER Pursuant to Paragraph 2.2 of the Agreement, dated November 6,2001, between City of Aventura (Owne1j and James A. Cummings, Inc. (Construction Manage1j, for City of Aventura Community/Recreation Center (The Project), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below; ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5, is One Million Three Hundred Thirty- Nine Thousand Two Hundred Seventeen Dollars ($1,339,217.00), This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibit A as follows: ExhibitA City of Aventura N,E. 188'" Street including Entrance Road and Loop Guaranteed Maximum Price Proposal dated March 22, 2002, as prepared by James A. Cummings, Inc. consisting of the following; 1. Project Summary dated March 22, 2002, Page 2. 2. List of Documents dated March 22, 2002, Page 3, 3, Qualifications and Clarifications dated March 22, 2002, Pages 4 through 5. 4. Guaranteed Maximum Price Proposal Breakdown and General Conditions dated March 22, 2002, Pages 1 through 4 (GMP), pages I through 3 (General Conditions), 5, Preliminary Schedule dated March 22, 2002, one page. The Parties a~ee that the AlA Document A20 1-1997 Edition will be utilized in lieu of AlA Document A20 1-1987 Edition. Where this Allreement tAlA Document 121CMd makes reference to AlA Document A201-1987 Edition. it is mutually agreed that the appropriate article of AlA Document A201-1997 Edition shall be utilized, Qualifications and Clarifications dated March 22. 2002. shall take orecedence over all other documents. ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment isTwo Hundred Nineteen (219) Calendar Days from the issuance of the Notice to Proceed or the issuance of the required Building Permits, which ever is later. Final Completion shall be Seven (7) Calendar Days following Substantial Completion. ATTEST; CONSTRUCTION~R: JAMES;J. ~' By: ~ .J) -eJ\~ 1111am R. Derrer, PresIdent o-s/1'>1oz... I ATTEST: ~~~J p~ Date: OWNER; CITY OF AVENTURA By: E~ic Soroka, City Manager Date: AlA DOCUMENT A12l1CMc aDd AGC DOCUMENT 565. OWNER- CONSTRUCTION MANAGER AGREEMENT. 1991 EDITION AIAiJ!). iC1991 . THE AMERICAN INSTITUfE OF ARClllTECTS. 1735 NEW YORK AVENUE. N.W. WASHINGTON, D.C. 20006-5209 AGO!>. <01991. THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E. STREET. N.W. WASHINGTON, D.C. '1(1(1':;_"'(10. WADNINf':'.. Il..ll....n.....! nhntn..nn..i.... ..Inl...... Il '" ..nn....ri..ht .",we IIn" will."hi..rt tit.. violator to lel!al Drosecution. A12l1CMc AGC 565- 1991 I ~ ",tI ~. dl!" e~ "" 6l~F City of Aventura NE 188th Street including Entrance Road and Loop Guaranteed Maximum Price Proposal March 22, 2002 Exhibit "A" James A, Cummings, Ine, 3575 NW 53rd Street Fort Lauderdale, Florida 33309 Phone: (954) 733-4211 Fax; (954) 485-9688 Email;info@jamesacummings.com Web site: www.jamesacummings.com UJ-llllU N,E. 188lh Street Inlcluding Entrance Drive and Loop March 22, 2002 TAB 1 . , , . . , . . . . , , . . . . , . . . . . . . . . , . , . , , . , . . , . . . , . , . , . . . . . . . , . . , , Project Summary TAB 2, , , . . .., .., ..,... ........., ., ., ". ,...", .. .,. .., . . ., . " List of Documents '" TAB 3 , , . . . . . , , . . . . . , . , , , . , , . . , , , . , . , , . , . , , . . . . . . . . . . . . , . . " Description of Work TAB 4 . , , , , . , , , . , . , . . , . , . , . , . , . , . . . , . , . . . , . . , . , Guaranteed Maximum Price Proposal TAB 5 . , , , , . . . . . , . . , . , , . , . . . . . . . . . . , . . , . . , . . . , . , . , . . . . . . . ,. Preliminary Schedule 1 fJ James A. Cummings, Inc. 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 ~ - ~.................qS l]]TID' Phone: 954-733-4211 Fax: 954-485-9688 Website: www.jamesacummings.com March 22, 2002 City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 Attn: Mr. Eric Soroka Re: N.E. 188th Street Including Entrance Drive and Loop Guaranteed Maximum Price Proposal Gentlemen: Our Guaranteed Maximum Price Proposal for the N.E. 188th Street including the Entrance Drive and Loop is One Million Three Hundred Thirty Nine Thousand Two Hundred Seventeen Dollars ($1,339,217.00) including the Construction Manager's Fee, This Guaranteed Maximum Price Proposal is predicated on the N.E. 188'h Street including Entrance Drive and Loop being constructed concurrently with the Aventura CommunitylRecreation Center. Enclosed please find a copy ofthe list of Drawings and Specifications; the Qualifications and Clarifications; the Owner Allowances; the Estimate and the Preliminary Schedule. Very truly yours, JAMES A. CUMMINGS, INC, l~w,~ Scott W, Pate Vice President of Estimating cc: James A. Cummings William R. DeITer Michael F. Lanciault Eduardo Lamas 2 City of A ventura N,E, 188th Street Including Entrance Drive and Loop 100% Construction Documents March 22, 2002 LIST OF DRAWINGS DESCRIPTION CIVIL DBA WINGS C-I Roadway Plan Cover Sheet EX-I Existing Conditions Plan NE 188 Street PD-I Demolition Plan NE 188" Street PD-2 Paving and Drainage Plan NE 188 Street PD-2A Roadway Profile PD- 3 Paving and Drainage Details PD-4 Paving and Drainage Details ST-I Stiping and Signage Plan NE 188 Street DATED 02/22/02 01/09/02 01/18/02 03113/02 02/22/02 03/05/02 03/05/02 03/05/02 ELECTRICAL DBA WINGS ESL-I.O Roadway Lighting Plan ESL-2,O Electrical Detail and Notes 03112/02 03/12/02 LANDSCAPE DBA WINGS IR-I Irrigation Plan IR-2 Irrigation Plan JR-3 Irrigation Details and Notes L-I Landscape Plan L-2 Landscape Plan L- 3 Landscape Details and Notes 02/22/02 02/22/02 02114/02 02/22/02 02/22/02 02/22/02 PROJECT SPECIFICATIONS DIVISION 2 - SITE WORK 02810 Irrigation System 02900 Planting Rec'd by JAC 03/08/02 Rec'd by JAC 03/08/02 OTHER DOCUMENTS Report of a Geotechnical Exploration Response to Request for Information #PCOOO I Response to Request for Information #PC0003 Response to Request for Information #PC0004 11/01/01 03/15/02 03/22/02 03/20/02 3 OUALIFICATIONS AND CLARIFICATIONS March 22. 2002 The following is a list of Qualifications and Clarifications. Where conflicts may exist between these Qualifications and Clarifications and the Construction Documents, these Qualifications and Clarifications shall govern, DIVISION 1: GENERAL REOillREMENTS I. Water management and drainage district permits, fees and bonds, impact fees and utility connection and usage fees are not included and shall be paid for by the Owner. 2. Threshold inspector and special inspectors and inspections are not included and shall be provided and paid for by the Owner. 3. Quality control testing is not included and shall be provided by the Owner. 4. Cadd as-built drawings are not included. please note that as-built information will be noted on a hard copy of the drawings and the information transferred to the Architect who shall incorporate this information into Caddo 5. All Risk Builders Risk Insurance including all deductibles is not included and shall be provided and paid for by the Owner. 6, Removal and disposal of asbestos, hazardous and/or contaminated materials and ground water is not included. 7, All cost of all permits is not included and shall be paid for by the Owner. 8. Owner's Protective Liability Insurance is not included. 9. The Guaranteed Maximum Price Proposal as prepared by James A. Cummings, Inc, dated March 22, 2002 shall take precedence over all other Contract Documents, DIVISION 2: SITEWORK 10. Traffic signalization is not included. 11. The asphalt paving is included as one and one half inch (1-1/2") thick installed in two lifts. 12. Precast concrete wheel stops are not included. 13, Concrete Sidewalks are included as 3000 psi grey concrete, reinforced with 6x6 10/10 welded wire mesh. Please note that welded wire mesh reinforcing is not included at the sidewalks along N,E.l88th Street. 4 14. Dry shake on aggregates and hardeners are not included. 15, Epoxy coated and/or galvanized wire mesh and reinforcing steel is not included. 16, Demucking and/or removal of unsuitable soil is not included. 17, The topsoil in the median is included as eighteen inches (18") thick. 18. Pre-loading and dynamic compaction is not included, 19. All piping identified as "FD" is included in accordance with the Exfiltration Detail on sheet PD- 3. Please note that surface trench drains are not included. DMSION 16: ELECTRICAL 20. Conduit is included as PVC where allowed by code. 21. Furnishing of the types "SA", "SB" and "SC" pole mounted light fixtures are not included and shall be provided by the Owner. Please note that the installation and wiring of these light fixtures is included. 22. Concrete ductbanks are not included, N,E, 1881. STREET OWNER ALLOWANCES 23. The Owner Allowances are sums of money established for a particular item of work which scope and description are not sufficiently defined to allow for pricing by Cummings. These Allowances are inclusive of all labor (unless otherwise indicated), payroll taxes and insurance, material, sales and use tax, equipment and services. The following items of work are included as Owner Allowances: 1. Water Distribution - 1l0,000,OO 2. Tree Relocation and/or Removal- $15,000,00 3. Chain Link Fencing - $10,000,00 4. Illuminated Street Sign - $15,000,00 5 >- w w a: >- '" .c i'i5 OJ ~ ui :i < Q I-ii: Wo w.... l!:" III < ,s'" ~ ::> ::! ~ ui W z~ '" '" W Z I- '" ~ Q Z < .... ,. < ;Z 6 .... .... W "' '" W III ,:.: o W I- ;: o '" < '" Q Q '" N '" '" o '" < "' Iii I- < Q .... < III o .. o '" .. W o ii: .. "' ::> "' ~ "' Q W W I- Z ii! 0( ::> " Q Q Q Q ~ Q Ii! 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II ~ ~ S 13 1$ c ~ .......l!I !i .t .t ~ It: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: March 19, 2002 velopment Dir~ TO: FROM: BY: SUBJECT: Amendment to the City's Comprehensive Plan to change the land use designation of the Founders Park site located at 3105 and 3200 NE 190 Street from Town Center to Parks and Recreation. (03-CPA-02) April 2, 2002 Local Planning Agency Agenda Item t./ /} April 2, 2002 City Commission Meeting Agenda Item g {} RECOMMENDATION It is recommended that the City Commission: 1) approve the Comprehensive Plan amendment to change the land use designation of the Founders Park site from Town Center to Parks and Recreation; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs, THE REQUEST City staff is requesting a Comprehensive Plan amendment to change the land use designation of the Founders Park site located at 3105 and 3200 NE 190 Street from Town Center to Parks and Recreation. BACKGROUND O\('JNER OF PROPERTIES NAME OF APPLICANT LOCATION OF PROPERTY City of Aventura City of Aventura 3105 and 3200 NE 190 Street (See Exhibit #1 for aerial photo and Exhibit #2 for location map) (Folio No, 28-2203-052-0060) " SIZE OF PROPERTY Approximately 12.65 acres Dj:SCRIPTION State regulations require that the local government's Future Land Use map depict recreational land uses. These recreation land uses are depicted on other maps and charts in the City's Comprehensive Plan, More specifically, Aventura Founders Park is depicted as a facility on Table 3-1 of the Existing and Proposed Recreation and Open Space Areas (Public and Private) and as Aventura Founders Park on Map 3-1, This amendment proposes to make the Future Land Use map designation consistent with the actual use of the property. ANAl,. YSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Town Center William Lehman Causeway and Medium-High Density Residential Medium-High Density Residential and Business and Office Medium-High Density Residential Town Center ROS, Recreation Open Space William Lehman Causeway and RMF4, Multi-Family High Density Residential District CF, Community Facilities District and RMF3, Multi- Family Medium Density Residential RMF4, Multi-Family High DenSity Residential District CF, Community Facilities District and RMF3, Multi- Family Medium Density Residential Aventura Founders Park residential residential and marine industry - proposed Aventura Elementary Charter School residential and vacant lot residential and Aventura Government Center Background - The northern portion of Founders Park (originally known as the Winn Dixie site) was designated Business and Office land use and zoned BU-2 which allowed for commercial uses under the Miami-Dade County Code, This portion of the site was purchased by the City in early 1997 for $2.97 million for a public park site. The mid- and southern portion of the park was dedicated to the City by the County, Founders Park was completed and dedicated in December 1998. The park offers active recreation ^ opportunities including a multi-purpose athletic field, children's playground, and exercise and fitness path, Passive, open space areas and access to the waterfront are provided on the south side of the parle Access - Access to this parcel is from NE 190 Street, a public right-of-way. Conformity to City Comprehensive Plan - This amendment proposes to make the Future Land Use map designation consistent with the actual and proposed use of the property, More specifically: Future Land Use Element Objective 5 - Aventura shall, by the year 2005, reduce the number of land uses inconsistent with the uses designated on the LUP map or with the character of the surrounding community, The proposed amendment will provide a Parks and Recreation land use designation that is consistent with the zoning and use of the property. Objective 9 - Aventura shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures, to ensure that future land use and development is consistent with the Plan, and to promote better planned development and communities with well designed buildings. The proposed amendment will provide a Parks and Recreation land use designation that is consistent with the zoning and use of the property. Policy 9,1 - Aventura shall continue to maintain, and enhance as necessary, regulations consistent with the Plan which govern the use and development of land and which, as a minimum, regulate: 1. Land use consistent with the Land Use Element and Level of Service standards; 2, Subdivision of land; 3. Areas subject to seasonal or periodic flooding; 4, Stormwater management; 5, Protection of environmentally sensitive lands; 6. Signage; and 7. On-site traffic flow and parking to ensure safety and convenience and that no avoidable off-site traffic flow impediments are caused by development. The proposed amendment provides for compliance with item #1 above, by 'providing a Parks and Recreation land use designation that is consistent with the zoning and use of the property, Istafl repor\slO3-CPA-02 camp plan Founders Park f ~ ....'...,.,L..~.....'~'.:-:. \ ......, ....... ........., ...... .............. Gulfstream YACHT CLUB DR. . fu~ . MARINA " COVE " CIRCLE " " INt.'" 'l'Jp.'{ : " " " " " " " " , " " " " " " " " " " " " " . . " . s. . .}.. / . fl:.i . IJ':.# . !b · :z . !} . J.;; . . . Q::', . Q' . Q,'" .. "M'{SiIC . . . . . . . 33180 .. . '_._'_._'_._._'-'-'_._'~ 15 T 33 60. , . . . . . . . . . . . . . . " . . " ._. .'~'i1fil.......... J' . . . . . . . . . . . . . . . . . " . ... BROWARD COUNTY ..-------- DADE COUNTY '..'::;.!I ';;':;',::':)", "t Hi,i.',':,':', ',i.'j.;' e-' "',',:".,'","j'i':.':':' MI:'\MI' GAi;!DEN8 DR. ~ I W X is :;: ," :" ;- ;" ," ;- :" :" ," :- ;" ," ;. ;" ;" ;" ;" :" :" ," :" :" ;" ;" :" :" ;" ;" :" :" ;" :" ," ;- ;" :" :" ;" ;" :" ;" ;" ," ;- ," ;. :" :" ;" ;" ," ;. :" ,. Ie r "../. /W l~ WATERWAYS ~~ 1 181. ~/ AI'elUurcl Hospital & Medical at Center Y.t m~ o fj <0 W W ~ > Ol <( The."" 205 p'l"r)miriD4e S~iJI's ',' 203 ST." Waterways Shoppes 207 S1. len '" l ci :; '" Z <( W U o 201 TER. AVENTURA ,,\..\10, I~ Fire" ~ Rescue Aventura Station .. - Library Aventura Police Department Aventura Mall 192 ST. 192 ST. Loehmann's Fashion ul Island ~ Ol '" SUBJEor ":PROP'ERTY ~ -J '" Z ~ U o 188 ST, Little Maule Lake Atlantic Ocean DlImfoundling :Jay LEGEND e Maule Lake Roadways City Boundary ZIP Code Boundary Railroad ...... ~ 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 FOUNDERS PARK LOCATED AT 3105 AND 3200 NE 190 STREET FROM TOWN CENTER TO PARKS AND RECREATION; 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 Town Center; and WHEREAS, City staff is requesting a Comprehensive Plan amendment, through Application No. 03-CPA-02, to change the land use designation of Founders Park located at 3105 and 3200 NE 190 Street totaling 12.65 acres from Town Center to Parks and Recreation; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject property from Town Center to Parks and Recreation; 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 WHEREAS, the existing use on the property is a public park; and Ordinance No. 2002-_ Page 2 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 designation of Founders Park located at 3105 and 3200 NE 190 Street totaling approximately 12,65 acres (Folio Number 28-2203-052-0060) (see Exhibit #1 for property location) is hereby changed from Town Center to Parks and Recreation. Section 3, Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the vaUdity 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 4, Inclusion in the ComDrehensive Plan, It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions, Section 5, Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 6, Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner . who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R, Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the '(ote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Ordinance No. 2002-_ Page 4 PASSED on first reading this 2nd day of April, 2002. PASSED AND ADOPTED on second reading this _ day of ,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 BROWARD COUNTY ..-.-.-.-- DADE COUNTY :- ," :. :" ," :. :" :" ," :. :" :" :" :" :" :1 ," :" :. :. :" ," :" :" :. :" :" ." :. :. :. :' :' :. '. :. '. ;. :. :. :" :" :" :" :" :. :" :" :. :. '. :. :. :. I- ci :> ...J III Z <( w U o 192 ST. g ...J ,Ill Z iD u o Atlantic Ocean LEGEND e p .. Roadways . . . . . . City Boundary ..... ._..- ZIP Code Boundary h......... Railroad c. ,---- , EXHIBIT #1 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MI;MORANDUNI BY: Brenda Kelley, Co a r ""Iopmenl Oi'~ TO: City Commission FROM: Eric M, Soroka, Clt DATE: March 19, 2002 SUBJECT: Clean-up amendments to the City's Land Development Regulations, (02-LDR-02) April 2, 2002 Local Planning Agency Agenda Item 4- ~ April 2, 2002 City Commission Meeting Agenda Item <6 B May 7, 2002 City Commission Meeting Agenda Item RECQ,..MENDA TION 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. ANAL YSI~ Standards for reviewing proposed amendments to the text of the LOR: 1. ,The proposed amendment is legally required. The proposed amendments improve the administration or execution of the development process in that it clarifies language and definitions, 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the 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) Hotel shalt mean a commercial establishment which provides temoorarv overnight sleeping accommodations for the aeneral public, No more than three (3) oercent of the individual hotel units shall be occuoied for duration of continuous stav not to exceed three (3) months. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at alt hours. Other tvoical hotel services must be provided includina dailv linen and maid service. and receipt and disbursement of kevs and mail bv the attendant at the desk in the lobbv, for the occupants of the hotel. The proposed amendment is required to provide clarification of definitions within the City's Land Development Regulations. 1 Undet1ined provisions constitute proposed additions to existing text; stFiQkeR thF911gl1 provisions indicate proposed deletions from existing text. 2. Sec. 31-145, Town Center Zoning Districts. (see Exhibit #2) (b) Town Center District (TC1), The following regulations shall apply to all TC1 Districts: ,., (3) Conditional Uses Permitted: The following uses may be established if first approved as a conditional use: a. Those uses pemlitted in the RMF3 District. b. Those uses permitted in the 81 District. c. Sale of alcoholic beverages for on-premises consumption except with meals. d. Uses that exceed the height limitations. e. Floor areas that are less than the minimum floor areas reauired, e1.. Aboveground storage tanks... The proposed amendment will enhance the live, work and play concept which is important to mixed-use development by creating greater flexibility and marketability of different unit types and mixes in the town center district. Istaff reportslO2-LDR..()2 amend LOR ml8c rfIV vrs2 040202 LAND DEVELOPMENT REGULATIONS ~ 31-21 Home occupation shall mean a business or occupation conducted for limited business activities in a residential district. Hospital shall mean a medical facility which provides for both inpatient and' outpatient treatment and has overnight accommodations, wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the State of Florida. . Hotel shall mean a commercial establishment which provides overnight sleeping accommo- dations for the public, Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours, Land shall mean the earth, at or below the surface, that lies above mean high water for water bodies, Land use shall mean: (1) The development that has occurred on land; or (2) The development that is proposed on land; or (3) A use that is permitted or permissible on the land under the Plan, or element or portion thereof, or LDRs. Light industrial use shall mean an industrial use for the manufacture, fabricating, processing, converting, warehousing, distribution, wholesaling, altering and assembling of products, repairing, packaging or treatment of goods, the nature of which is that it will not cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, or other physical hazards; harmful discharge of waste materials including hazardous materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attracted to the use. Local planning agency (LPA) in accordance with Ordinance 96-27 of the City of Aventura, the City Commission has been designated as the Local Planning Agency for the City pursuant to F.S. ~ 163.3174, Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise pennitted by law, to be separately owned, used, developed, or built upon. A lot has an assigned number, letter or other name through which it may be identified, Lot of record shall mean either a lot or contiguous lots which exist, under single ownership at the time of adoption of this chapter, and which are part of a subdivision, the plat of which has been recorded in the Public Records of Miami-Dade County; or any parcel ofland not part of a subdivision, that has been officially recorded by deed in the Public Records of Miami-Dade County; provided that the deed for the lot or parcel was recorded prior to the effective date of zoning in the area where the lot is located. Supp. No.4 CD31:17 EXHIBIT #1 LAND DEVELOPMENT REGULATIONS 'milations of uses and structures. All activities of permitted uses, inc ing sale, dis y, preparation and storage, shall be conducted entirely with' a completely enclos building. Storage shall not be made above the height of t walls. Overhead doors or 0 er openings larger than eight feet in width shall no e located on the front or immediate treet and/or side elevations of buildings, If 0 ented toward contiguous residentially zo land said opening shall be scre ed in accordance with the requirements conta in the LDR. (6) Aboveground storage tan . Aboveground stor e tanks (AST) are permitted as an accessory use only for the pu ose of storing el for emergency generators, Such ASTs must conform to the following r uireme a. Be of 550 gallons capacity or I b. Be installed and operated der valid permit from the Miami-Dade County Department of Environ ntal Reso s Management. c. Be located within a 8.lled service court a a or be fully screened by a masonry or concrete wall w.' a self-closing and lockin etal door or gate. Such wall shall be landscaped' accordance with the City's Lan ape Code. ASTs located within a service c area must be located atop a curbed real and shall be protected from tur mg and backing trucks with bollards. d. Be 10 ted in a manner consistent with the site developmen zo g district. lnst ation of any AST shall require a building permit from the City, lication for ding permit shall be accompanied by a site plan indicating the location the AST elative to property lines, the primary structure served by the AST, an other structures within 300 feet. A landscape plan prepared by a Florida licensed arch ct or landscape architect and other supporting documentation shall be provided I required by the City. (Ord, No, 99-09, ~ l(Exh. A, ~ 704), 7-13-99; Ord, No, 2000-08, ~ 1, 4-4-00) Sec, 31-145, Town Center Zoning Districts, (a) Purpose. The purpose and intent of these districts is to provide suitable sites for the development of structures combining residential and commercial uses in a well planned and compatible manner. The uses within these districts shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residen- tial densities shall not exceed 25 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. (b) Town Center District (TCl), The following regulations shall apply to all TC1 Districts: (1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally Supp. No.5 CD31;86.1 EXHIBIT #2 ~ 31-145 AVENTURA CODE with the intent of the RMF3, Multi-Family Medium Density Residential District, with office and/or retail commercial uses allowed in the B1, Neighborhood Business District, where the ratio of total square feet dedicated to residential and non-residential uses is between 3:1 and 1:3. b, All uses permitted in the CF District. (2) Accessory uses permitted. Permitted incidental and accessory uses shall include; a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non-residential uses. b, All uses permitted as accessory uses in the CF, Community Facilities District, c, Outdoor dining as an accessory use to a permitted restaurant or retail use. (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a, Those uses permitted in the RMF3 District, b. Those uses permitted in the B 1 District. c. Sale of alcoholic beverages for on-premises consumption except with meals. d, Uses that exceed the height limitations. e, Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1. Be of 550 gallons capacity or less, 2, Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. 3, Be fully screened by a masonry or concrete wall with. a self-closing and locking metal door or gate, Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development standards of the TCl zoning district. 5. Installation of any AST shall require a building permit from the City, Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. LAND DEVELOPMENT REGULATIONS ~ 31-145 (4) Uses prohibited, Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses; a. Any use not specifically permitted. b. Adult entertainment establishments, c. Sale of goods to other than the ultimate consumer, d. Sales, purchase, display or storage of used merchandise other than antiques, e. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. f, Any drive-through service facility, (5) Site development standards, a. Minimum lot size: 16,000 square feet. b, Minimum lot width: 100 feet, c. Maximum lot coverage: 45 percent of total lot area, d. Maximum floor density: 1. Residential component: 25 dwelling units per gross acre, 2, Non-residential component; 2.0 floor area ratio, e, Maximum height; Four stories or 50 feet. LAND DEVELOPMENT REGULATIONS S 31-145 f. Setbacks: 1. Front; 25 feet. 2. Side: There is no side yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units, In such cases a side yard setback of 20 feet in depth is required, 3. Rear: There is no rear yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. 4. Between buildings: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet, g. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows; Multiple-family dwelling unit; Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 40 percent of the total number of residential units within a building. h. Required open space: A minimum of 35 percent of the total lot area of the site shall be provided as common open space available for use by all residents; of this common open space a minimum of one-half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recre- ational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. (6) Accessibility. All residential units shall be accessible to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space, (7) Allocation of intenor space. Retail stores, personal services, banks and financial services, indoor commercial recreation uses, restaurants and coffee houses, schools, nursery schools and child care centers are allowed only on the ground floor of mixed-use buildings. Offices and medical offices are allowed only on the ground and second floors, Residential uses are allowed only on the second or higher floors. <:1..,..... M.... A I"'IT"'I.n.. _n... ~ 31-145 AVENTURA CODE (8) Garbage containers. All garbage or trash containers, oil tanks and bottle gas tanks must be placed in walled-in areas so that they shall not be visible from adjoining properties, c) Thwn Center Marine District (TC2), The following regulations shall apply to all T Dis . cts. (1) rpose, This district is intended to provide suitable sites for the devel ment of st tures combining residential and commercial uses located in proximi to marine- relat light industrial activities. Residential units within this dis . ct should be develop and sold with the realistic expectation that limited imp. cts of noise, odor and dust be experienced, Residential densities shall not exc if 25 units per gross acre and nonr idential densities shall not exceed a floor are ratio of 2.0, (2) Uses permitted, building or structure, or part thereof, all be erected, altered or used, or land used 1 whole or part for other than one 0 more of the following specific uses, provided the re irements set forth elsewhere' this section are satisfied: a. Mixed-use structur . For the purposes ofth' subsection, mixed-use buildings or structures are those c mbining residenti dwelling units conforming generally with the intent ofthe 3, Multi-F y Medium Density Residential District, with office and/or retail mmerci uses allowed in the B1, Neighborhood Business District, where tha rati of total square feet dedicated to residential and non-residential uses is be en 3;1 and 1;3, b. Dry and wet boat storage. c, d. Manufacturing and re . of equipment ed in boats, ships and other marine applications, includ' g cabinets and other terior woodwork; electronic equip- ment and navigat" nal equipment and tools. e. Manufacturing esearch and development business . mited to buildings of 25,000 square feet 0 ess in area per lot. i. e uses which serve or represent any primary industrial use 1 epair and modification of ships and boats. Retail sales of boats and ships, marine equipment and accessories, i luding fishing equipment and tackle, but not including the storage or sales of liv bait, Retail uses which serve the district. Self service storage facility. n, Warehousing including crating, packing and shipping. f. g, h, j. Supp. No.4 CD31:88 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 31-145 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND REGULATIONS REGARDING MINIMUM FLOOR AREAS IN THE TC1 ZONING DISTRICT; 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; 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, THAT1: 1 Underlined provisions constitute proposed additions to existing text; strisK9R tRr9(;~R provisions indicate proposed deletions from existing text. Ordinance No, 2002 - Page 2 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: See, 31-21. Definitions, Hotel shall mean a commercial establishment which provides temoorarv overnight sleeping accommodations for the aeneral public. No more than three (3) percent of the individual hotel units shall be occupied for duration of continuous stav not to exceed three (3) months. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be provided includinq daily linen and maid service, and receipt and disbursement of kevs and mail bv the attendant at the desk in the lobbv. for the occupants of the hotel. Section 2, That Section 31-145 of the City's Land Development Regulations is hereby amended so as to amend minimum floor areas in the TC1 zoning district, as follows: Sec. 31-145, Town Center Zoning Districts,.. (b) Town Center District (TC1). The following regulations shall apply to all TC1 Districts: ... (3) Conditional Uses Permitted: The following uses may be established if first approved as a conditional use: a. Those uses permitted in the RMF3 District. b. Those uses permitted in the 81 District. c. Sale of alcoholic beverages for on-premises consumption except with meals. d, Uses that exceed the height limitations. e. Floor areas that are less than the minimum floor areas required. e.f. Aboveground storage tanks... Section 3, Severabilitv, The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity Ordinance No, 2002 - Page 3 of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4, Inclusion in the Code, It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; 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 Commissioner , who moved its adoption on first reading, This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M, Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading, This motion, was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Ordinance No, 2002 - Page 4 PASSED on first reading this 2nd day of April, 2002. PASSED AND ADOPTED on second reading this 7th day of May, 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 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: evelopment Dir TO: City Commission FROM: Eric M. Soroka, Cit}l DATE: March 19, 2002 SUBJECT: Smalt scale amendment to the City's Comprehensive Plan to change the land use designation of the City's Community Recreation Facility site located at 3375 NE 188 Street from Business and Office to Parks and Recreation. (02-CPA-02 - Smalt Scale Amendment) April 2, 2002 Local Planning Agency Agenda Item 4c... April 2, 2002 City Commission Meeting Agenda Item ~ C ~ May 7, 2002 City Commission Meeting Agenda Item RECOMMENDATIQN It is recommended that the City Commission: 1) approve the small scale Comprehensive Plan amendment to change the land use designation of the City's Community Recreation Facility site located at 3375 NE 188 Street from Business and Office to Parks and Recreation; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. !HI; R~gVE$T City staff is requesting a small scale Comprehensive Plan amendment to change the land use designation of the City's Community Recreation Facility site located at 3375 NE 188 Street from Business and Office to Parks and Recreation. BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT City of Aventura City of Aventura LOCATION OF PROPERTY 3375 NE 188 Street (See Exhibit #1 for location map and Exhibit #2 for aerial photo) SIZE OF PROPERTY Approximately 2.8 acres for the Huber Tract (including Q,6 acres submerged lands in the canal to the north) and approximately 0.6 acres of submerged land that was filled by the state to the east of Tract A. DESCRIPTION State regulations require that the local government's Future Land Use map depict recreational land uses. These recreation land uses are depicted on other maps and charts in the City's Comprehensive Plan. More specifically, the Huber Tract is depicted as a facility on Table 3-1 of the Existing and Proposed Recreation and Open Space Areas (Public and Private) and as a Proposed Public Park Site on Map 3-1, This amendment proposes to make the Future Land Use map designation consistent with the proposed use of the property, 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: Business and Office Medium-High Density Residential Medium-High Density Residential Water Business and Office CF, Community Facilities District RMF4, Multi-Family High Density Residential District OP, Office Park District CNS, Conservation District CF, Community Facilities District vacant lot - proposed Community Recreation Facility vacant and residential vacant lot water (Dumfoundling Bay) presently marine industry - proposed Aventura Elementary Charter School Background. The Huber Tract was originally designated Industrial and Office land use and zoned IU-1 and IU-2 to allow for heavy industrial uses under the Miami-Dade County C~de. The City purchased this property in December 1998 for $2.4 million for public use purposes. After much discussion, the City Commission approved the development of a Community Recreation Facility on the Huber Tract, The site also provides access to the waterfront with pedestrian plazas, open space vistas and passive areas, The site is presently being cleared with anticipated opening of the facility in December 2002, "l Access - Access to this parcel is from NE 188 Street, a public right-of-way. Conformity to City Comprehensive Plan - This amendment proposes to make the Future Land Use map designation consistent with the proposed use of the property, More specifically: Future Land Use Element Objective 5 - Aventura shall, by the year 2005, reduce the number of land uses inconsistent with the uses designated on the LUP map or with the character of the surrounding community, The proposed amendment will provide a Parks and Recreation land use designation that is consistent with the zoning and the proposed use of the property, Objective 9 - Aventura shall continue to maintain, update and enhance the municipal code, administrative regulations and procedures, to ensure that future land use and development is consistent with the Plan, and to promote better planned development and communities with well designed buildings. The proposed amendment will provide a Parks and Recreation land use designation that is consistent with the zoning and the proposed use of the property, Policy 9.1 - Aventura shall continue to maintain, and enhance as necessary, regulations consistent with the Plan which govern the use and development of land and which, as a minimum, regulate: 1. Land use consistent with the Land Use Element and Level of Service standards; 2. Subdivision of land; 3. Areas subject to seasonal or periodic flooding; 4. Stormwater management; 5. Protection of environmentally sensitive lands; 6, Signage; and 7. On-site traffic flow and parking to ensure safety and convenience and that no avoidable off-site traffic flow impediments are caused by development. The proposed amendment provides for compliance with item #1 above, by ,providing a Parks and Recreation land use designation that is consistent with the zoning and the proposed use of the property. 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'" ::: iIi Q) "0 z i- (3 '" = >- .0 -0 '" Q. o Qj > Q) -0 c: '" '" .0 ., >- '0 c: '" > '" .c "'5 .0 '" ~ '" c Q) < ~ .E -0 '" c: c: '" 0. c: '" Q) .0 '" > '" .c Ul '" ~ '" c: ,2 to ~ u Q) ~ '" Ul '" .c f- ~ .E "0 '" C '" o u u '" Q) ~ '" Ul '" '" ~ '" c: o ., '" Q) t; ~ ,~ :c ::J Il. .ti U)~ 0_ -' '" ';j'Ul .!:a ~ 2; ':; Q) 0 C/J u -"= o 0 - Cl "'-0 > c: .5 '" ~g} ;:; '2 ~ '" 8.E 0-0 Ul c: :2:-'" u~ o ",,,, =to ClUl .S: Q) c~ .- Ul E c: Q) ,2 Qi1Tj -0 Q) c: t; :0 ~ '" Q) ~ co Q) .2: Cl~ '" Q. ~.:Ji. u 0 <(8 ~ :So N- ~'" Source: City of Aventura, 1997. Miami-Dade County Park and Recreation Department Planning and Research Division, August 1997 ~ SCALE IN FEET I NORT" l I l <:n~rn Citnc ~._.. 1?OIO___l~OO~ ''''_It_ I~O~ ~ '" Q ~ . ~ < ~ ./ ~ ~ " ~ III "". IF. MIAMI,DADE COUNTY -, . [ . g TO 1-95 NORTH Ives Dai Road LEGEND Private Recreationat . Private Sites Public Recreational: * . ':: a - '0 i umfoundling :: Bay fi . - tl !if - ~ i . " i 'J i~:.: ~ " ~I ofl " , :: n" ~ 5R856 Map 3"1 .. ~ ~ g Public and Private [> nrl"n':lt-if"\n !(")nnn "tl ~ " :; o '" 1ij' " <.i o .'"c::: ... . , caE U ,0 u, ", ... <: .. _,.. ............1..1... 11 N EXHIBIT #2 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 THE CITY'S COMMUNITY RECREATION FACILITY SITE LOCATED AT 3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; 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 Business and Office; and WHEREAS, City staff is requesting a small-scale Comprehensive Plan amendment, through Application No, 02-CPA-02, to change the land use designation of the City's Community Recreation Facility site located at 3375 NE 188 Street totaling approximately 2,8 acres for the Huber Tract (including 0,6 acres submerged lands in the canal to the north) and approximately 0.6 acres of submerged land that was filled by the state to the east of Tract A, from Business and Office to Parks and Recreation; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject property from Business and Office to Parks and Recreation; and 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, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1, PurDose, This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible, It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City, Section 2, Amendment of Future land Use MaD Desianation, The future land use map designation of the City's Community Recreation Facility located at 3375 NE 188 Street (Folio Number 28-2203-047-0010) (see Exhibit "A" for property location) is hereby changed from Business and Office to Parks and Recreation. Section 3, Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part, Ordinance No, 2002-_ Page 3 Section 4, Inclusion in the Comprehensive Plan, It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions, Section 5, Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 6. Effective Date, This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Ordinance No, 2002-_ Page 4 PASSED on first reading this 2nd day of April, 2002, PASSED AND ADOPTED on second reading this 7th day of May, 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 __'-,. ..P"'Il..... 1.1. A n CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City Manager DATE: February 21,2002 SUBJECT: Proposed Ordinance Establishing Procedures for Resolving Bid Protests 1st Reading March 5, 2002 City Commission Meeting Agenda Item 2nd Reading April 2, 2002 City Commission Meeting Agenda Item -..1fE 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 ("RFLI') 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 Ordinance No. 2002-_ Page 3 evidence, No bid protest shall be accepted unless it complies with the requirements of this section. All 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 as outlined herein, (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, (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. (j) Finality, The determination of the City Manager and the City Attorney with regard to all procedural and technical matters shall be final. (k) No waiver. Nothing in this section shall waive City's sovereign immunity pursuant to section 768.28, F.S. Ordinance No. 2002-_ Page 5 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; 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 Vice Mayor Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Commissioner Holzberb, 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, The motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Ordinance No. 2002-_ Page 6 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner 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 TO: City Commission FROM: Eric M, Soroka, City Manager DATE: February 21,2002 SUBJECT: Proposed Cone of Silence Ordinance 1st Reading March 5, 2002 City Commission Meeting Agenda Item 2nd Reading April 2, 2002 City Commission Meeting Agenda Item ~ 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 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. Memo to City Commission Page 2 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 eeo 1 050-02 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, Opt 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. City 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 Silence, 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 and/or City Manager. 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 Holzberg, who moved its adoption on first reading. The motion was seconded by Commissioner Cohen and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Vice Mayor Patricia Rogers-Libert yes Mayor Jeffrey M, Perlow yes 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 Commissioner 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 APRIL 2, 2002 AGENDA ITEM 10 RESOLUTION NO, 2002-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE AVENTURA CULTURAL CENTER FOUNDATION, INC,; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Articles of Incorporation of the Aventura Cultural Center Foundation, Inc, provide for the appointment of members of the Board of Directors; and WHEREAS, in accordance with the provisions of Section 6.3 of the Articles of Incorporation, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Board of Directors of the Aventura Cultural Center Foundation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1, The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Board of Directors of the Aventura Cultural Center Foundation: Amit Bloom Don Gustin Janet Laine Alan Lieberman Lenore Toby-Simmons Efrain Weinberg Section 2. This Resolution shall become effective immediately upon its adoption, Resolution No. 2002-_ Page 2 The foregoing Resolution was offered by Commissioner who moved its adoption, The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 2nd day of April, 2002. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Itms MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami.Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.v. FERBEYRE, who on oath says that sha 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 4/2/2002 GAMPEL AVENTURA PROPERTIES INC in the XXXX Court, was published in said newspaper in the issues of 03121/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami.Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this ve' men for publication in the said newspaper. (SEAL) O.V. FERBEYRE pe CITY 0' .VENTURA oa. 8nd Time 01 Public HeorIng: Tuesday, April 2, 2002 6:00p.m. (fQltowll1ll LPAl>learing)' Applicant _: GampeiAwntura proJ>'Ilies Inc. AppII..nt~: The appltcant Is reque~g the following: '(I) Conditional 0.. approV8tlo permit an o_an<! barilfDullOllf01ll" 16901 NE 29 Avenue; and (2) Variance lrom Secllon 31-171(0)(7) of the City's land DeVelop- , ment Regulations to allow a setback of 2 feet from the north property line and 91eet from the weSt property Iimli to lI1e park- ing area wfletv.. lDIoot _ck is required by Code; and : (3) Variance lrom SOction 31.221 (i)(2) 01 the City's Land Develop- ment Ragulations to __ a 2 1000IandscIlped buffer on the. north limit, a 4.3 foot Nlnd8c8ped buffer on the west limit and a,O foot landscaped buffet on the SOUlh limit where a 7 loot land- scaped buffer along 1110 perimeter of all vehicular use BINS Is: required by Code; and ' (4) Variance lrom SOction 31-171(a)(6) of the City's Land Develop- ment Regulations to _ palking spaces measuring 6.44 feet . wide where a minimum widIIl 019 teet is required by Code; and (5) Variance lrom Secllon 31-145(b)(5)(h) of 1110 CIty's Und Devel- .' opment RegulatfonS to allOW open~ of approximately 25%; where 35% Is required by Code, with one-haH 01 \I1at, or 17,5%, to be unencumbered will1 any structure and landscaped wlih ,: grass 8nd veQetallOl1 where approximately 12% Is provided; a,ndi (6) Variance from SectIon 31-221(7) Of the City's. Land Develop-, ment RegulatIons 10 allow a du~ter site with no perimeter' landscaping on the north and southlides, where screening with walls or fences andlandScaping Is required by Code. AppIIcaUon Number: 02-ClHl2and03-VAA.Q2 Loc:alIonolSU~PropottIeI: 18901 NE29A\IOIIlI,~ra, Rorida Plans ora on file anCj maybte_dulina regul8rllliliir-llours In Ihe City 01 Aventura,Govemment Center, .19200 _ CounlJy Club DrMI, Aveidwa. FIl:lI1di, "~, 80, ""'!'S,', may maycRe, me modfIed. at or belont the _ili....IP11itIll~"r ,_~lhebearll1llprocess., The Public Hearing wtilbe held at City of Aventuta Government Center,' 19200 West Countty Club Orivt, Avantura, Florida 33160, Your com- ' ,ments may be madIllnpet'OOl\ at the hearing orllled In writll1ll prior to the hearing date. Relar to appIicanVproperty on correspondence and mall same to CIty of Aventura Govemment Center, Community Development ' : Departme"t, 19200 West CoUf\lry Club Drive, Aventura, Florida 33180. : Forfurther 1nf000000000on, plelll!8 caH (305) 466-6940. , In accordance with the Americans with Disabilities Act of 1990, all per- ! sons who are disabled and who need special acconvnodations to partici.: pate in this prooeedlng because Or thai disabnlty should contact \I1e Office of the City CIerk"46fl.3901, not later lI1an two business dayspllOrto $UCh , proceedll1lls. If a person -. to ~ any decision made by the CIty Commis- : sion with reopecI to arty matter considered et a meeting or hearing, thet': parson wiD need a record 01 the proceedings and, for $UCh putp0S8, may ! need to ensure that a velbatlm _ 01 the proceedings Is madIl, which 1 lllCOId includes the teatimony and evidence upon which lI1e ~ IS to i be based. . Teresa M. Soroka, CMC, City Clerk : ~1 n".:'=I.??J?4MMM I r---- MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V, FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legai Holidaysj newspaper, pubiished at Miami In Miaml-Uade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLC NOTICE OF PROPOSED ORDINANCES - APRIL 2, 2002 in the XXXX Court, was published in said newspaper in the issues of 03/08/2002 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 has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing t . adv ' men for publication in the said newspape '&!! CRY OF AVEIfI'URA PUBLICNOTIC&OF PROPOSEDGRDlNANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 2nd day~)\pril, 2002;-at-a:""",tlllg OHfle City Commissfoh6flfie Clry Of Aventura,t6be held at 6:00 p.m. in the Commission Chamber at Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, the City Com- mission will consider the adoption of the following OrdinanceS on second reading, entitled: 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 ADOPT- 1NG SECTION 2.260 "CONE OF SILENCE" OF CHAPTER 2 "ADMINISTRATION," PROVIDING CITY'S CONE OF SI- LENCE REQUIREMENTS RELATED TO COMMUNICATIONS WITH THE CITY DURING PURCHASING TRANSACTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLU- SION IN. CODE; PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING PROCeDURES FOR RESOLVING PRO- TESrS CONCERNING BIDS (BIDS), REQUEST FOR PROPO- SALS (RFP'S), REQUEST FOR QUALlFICATIONS'(RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PUR. CHASE ORDERS BASED ON WRITTEN OR ORAL QUOTA. TIONS, 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 SEVERABIL- ITY; PRO\f.IDING FOR INCUJSlON'Iff TftE C~'",ND """'7'" VIDIN.G FOR AN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. In- terested partie$'may appear at the Public f;Jearing and be heard with re- spect to the' proposed Ordinances. Any person wishing to address the City Commission on any item at this Public Hearing may do so afler the Mayor opens the public hearing. In accordance with the Americans with Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the City Cierk, 305-466-8901, not later than two business days prior to such proceedings. If i person decides to appeal any decision made by the City Commis- sion with respect to anymaller considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose; may need to ensure that averbatim record of the proc8edings is made, which record includes the testimony and evidence upon which the appeal Is to be based. . 3/8 Teresa M, Soroka, CMC City Clerk 02-4-56/242704M ~ht :SIIiami mtrat~ _ Published Daily 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, March 22, 2002. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. ?~{~ FRANK TOMASINO Sworn to and subscribed before me This----i-day of V d~'~ Lisa Ann Hernandez ~ /~~~ - T A.D. 2001 ""\\~~"'" Lisa Ann Hernandez f ,,~ \Comtnlssloll # DD 000617 ~ . . E ExpireB Peb. 11,:ZOOS ~ ~ Bonded Thrn "'" ~ t..tlantic BOlldIDg Co., Inc. Illn \ - 3613 N.E. 163rd Street, North Miami Beach, FL 33162 ]t1~1[t1:"II~~I']']:I~. CU~~:~i~"'~\ " - --' " - . -. " , " , " , ~" ~. C'~ofE"C' CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENTS TO COMPREHENSIVE PLAN AND NOTICE OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS Public Notice is hereby given that the City of Aventura Local Pianning Agency will meet in a public hearing on Tuesday, April 2, 2002 at 6:00 pm to make recommendation regarding the adoption of the foil owing Ordinances: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR FOUNDERS PARK LOCATED AT 3105 AND 3200 NE 190 STREET FROM TOWN CENTER TO PARKS AND RECREATION; ,PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. /-\ ...,.~:',! -~,.,. -...,.----- , I' i I ./ I ~/r" -~., \ ..,,~ I ....:.:-...,~ 1 "'\_." ; ,/ 'l \'J 310, Ii" __I__-'"._____"~."__..l... .- I I , .,-.-" ...';'""oiii;.,:----- _ _ ._m._._._..____. 1 noo I 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- 145 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND REGULATIONS REGARDING MINIMUM FLOOR AREAS IN THE TCl ZONING DISTRICT; PROVIDING I'nR 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 THE CITY'S COMMUNITY RECREATION FACILITY SITE LOCATED AT 3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider at a public hearing adoption of the Ordinances. The Public Hearing will be held at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinances may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission, as Local Planning Agency, or as the governing body, with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk i