11-12-2002
City rnnunm.Ma
Jeffrey M. Perlow, Mayor
The City of
Aventura
~
~~,
City M.n..r-r
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Hotzberg
Patricia Rogers-Libert
Citv Ckrk
Teresa M. Soroka, CMC
City AItlJmQ'
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
NOVEMBER 12, 2002 - 6 PM following LPAmeeting
Government Center
19200 West Country Club Drive
Aventura. Florida 33180
1. CALLTOORDER~OLLCALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised tbat 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.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-193(e)(1) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL
ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE
FLORIDA EAST COAST RAILWAY TRACKS SOUTH OF IVES
DAIRY ROAD, CITY OF A VENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: Dade County League of Cities
NoIaIM 12, 1JlO2 r--..1IodiIg
6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
October I, 2002 Commission Meeting
October 31, 2002 Workshop Meeting
B. MOTION TO AUTHORIZE AND APPROVE THE
APPOINTMENT OF COMMISSIONER PATRICIA ROGERS-
LIBERT TO THE FLORIDA LEAGUE OF CITIES'
RETIREMENT, PERSONNEL & COLLECTIVE BARGAINING
COMMITTEE AS VICE CHAIR
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. MOTION TO RATIFY THE CITY MANAGER'S RE-
APPOINTMENT OF BARBARA BUXTON, ESQ. AND HERBERT
L. KLIGER, J.D. AS SPECIAL MASTERS FOR THE CITY OF
A VENTURA CODE ENFORCEMENT PROCESS.
E. MOTION TO APPROVE REQUEST BY DAVID MENDAL FOR
EXTENSION OF TIME FOR COMPLETION OF SITE WORK
AT 19145 BISCAYNE BOULEVARD, AS PROVIDED FOR IN
RESOLUTION NO. 2002-52, IN ACCORDANCE WITH CITY
MANAGER'S MEMORANDUM DATED NOVEMBER 5,2002.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED LETTER
AGREEMENT BETWEEN CITY OF A VENTURA AND BUCK
CONSULTANTS FOR A PENSION BENEFITS STUDY;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
2
NoIaIM 12, 1JlO2 o-;.n.lIodiIg
AMENDING PARAGRAPH (b) OF SECTION 31-143 "RSl" DISTRICT,
PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH
(d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF
SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (1) OF SECTION
143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B"
DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "Bl" DISTRICT,
PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH
(d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF
SECTION 31-144 "OP" DISTRICT, PARAGRAPH (1) OF SECTION 31-
144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TC1"
DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN
ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS
PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS
CONDITIONAL USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE FRANCHISE AGREEMENT BETWEEN THE
CITY AND COMMUNITY CABLE TELEVISION BY
EXTENDING THE EXPIRATION DATE OF THE FRANCHISE
AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009;
PROVIDING FOR EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS" ARTICLE V
"DEVELOPMENT REVIEW PROCEDURES", AT PARAGRAPH
(D) "FILING OF APPLICATIONS" OF SECTION 31-71
"PROCEDURES OF GENERAL APPLICABILITY", TO
PROHIBIT ANY APPLICANT OR APPLICANT
REPRESENTATIVE FROM CONTACTING THE CITY'S
PROFESSIONAL STAFF (OTHER THAN THE CITY
MANAGER) CONCERNING A PENDING QUASI-JUDICIAL
APPLICATION FOR A DEVELOPMENT PERMIT FROM THE
TIME OF THE FILING OF THE APPLICATION UNTIL THE
TIME OF THE PREPARATION AND DISTRIBUTION OF THE
CITY MANAGER'S WRITTEN RECOMMENDATION; AND
AMENDING CHAPTER 34 "PLANNING AND ZONING",
ARTICLE II "QUASI-JUDICIAL MATTERS", AT SECTION 34-
34 "EX-PARTE COMMUNICATIONS", TO GENERALLY
PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE
MERITS OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT
OF A PENDING QUASI-JUDICIAL APPLICATION, OUTSIDE
3
NoIaIM 12, 1JlO2o-;.n.IIodiIg
OF THE PUBLIC HEARING PROCESS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
NOVEMBER 21, 2002
10 A.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance.
Anyone wishing to appeal any decision made by the A ventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive,
Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901.
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AIC
Planning Director
TO: City Commission
FROM: Eric M. Soroka, ICM
City Manager
DATE: October 30,2002
SUBJECT: Request of Clear Channel Outdoor, Inc. for Variance from Section 31-
193(e)(1) of the City's Land Development Regulations to allow
modification to a commercial advertising sign located on the east side of
the Florida East Coast Railway tracks south of Ives Dairy Road, Aventura
(01-VAR-03)
November 12, 2002 City Commission Meeting Agenda Item .3
RECOMMENDATION
It is recommended that the City Commission approve the request for variance to allow
the existing commercial advertising sign to be modified and elevated to a height of 65
feet measured from the bottom of the base of the support structure to the top of the
sign face.
THE REQUEST
The applicant, Clear Channel Outdoor, Inc. is requesting a variance from Section 31-
193(e)(1) of the City's Land Development Regulations to allow modification and
alteration of an existing commercial advertising sign, where the City Code provides that
no legally non-conforming commercial advertising sign may be moved, altered or
replaced. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Florida East Coast Railway Company
APPLICANT
Clear Channel Outdoor, Inc.
ADDRESS OF PROPERTY
east side of FEC tracks, south of Ives Dairy
Road (See Exhibit #2 for Location Plan and
Exhibit #3 for Aerial Photograph)
LEGAL DESCRIPTION
Portion of land lying in Section 35, Township
51 South, Range 42 East, Miami-Dade County,
Florida
Zoning.
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
U Utilities District
U Utilities District
U Utilities District
B2 Community Business District; and
RMF3 Multi-Family Medium Density
Residential District
RU3M Minimum Apartment House District
BU-1 Neighborhood Business District
(Miami-Dade County zoning districts)
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
FEC Railway Tracks and Landscaped Buffer
FEC Railway Tracks and Landscaped Buffer
FEC Railway Tracks and Landscaped Buffer
Vacant Land and 3-story residential
condominium building
Commercial and residential uses under County
jurisdiction
Future land Use. According to the Citv 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:
Business and Office
Business and Office
Business and Office
Business and Office and Medium-High Density
Residential
Low Medium Density Residential (Miami-Dade
County land use designation)
The Site - The site is located on the west side of the grade separation of Biscayne
Boulevard at Ives Dairy Road. The commercial advertising sign is located on the east
side of the railway tracks south of Ives Dairy Road.
The Project - The applicant entered into an agreement with the City Commission on
September 3, 2000. This agreement provides that the applicant may request variance
approval to raise the height of the existing billboard within 30 days of the date of the
agreement. Application for variance was received within the thirty day period, namely,
2
on October 2, 2002. The agreement specifically provided that the applicant may
request that the existing billboard be modified and elevated up to a height of sixty-five
(65') feet as measured from the bottom of the base of the support structure to the top of
the billboard face, as depicted in Exhibit "B" to the agreement and attached as Exhibit
#4 to this memorandum, so as to be visible to motorists on the Biscayne Boulevard
grade separation. The agreement further provided that in the event the variance
request is approved by the City Commission, the applicant will:
1. Demolish and completely remove within 30 days after issuance of permits, the
existing commercial advertising signs shown on Exhibits "C" and "0" to the
agreement and attached as Exhibits #5 and #6 to this memorandum.
2. Advise the Florida East Coast Railway, within 1 0 days of variance approval, that
it has no objection to any visual obstruction of the signs shown in Exhibit "E" to
the agreement and attached as Exhibit #7 to this memorandum.
3. Agree not to replace the billboards removed under Condition #1 above, nor
allow any further billboard installation in the City of Aventura.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the City of Aventura Comprehensive Plan.
Citizen Comments - The Community Development Department has received no
written citizen comments to date.
Community Development Department Analysis - The application received from
Clear Channel Outdoor complies with the agreement made between the applicant and
the City of Aventura on September 3, 2000. The plans submitted show that the existing
billboard is to be replaced with a new V-shaped sign with a north and south face that
measures 65 feet from the bottom of the base of the support structure to the top of the
sign face. A landscaped area measuring 160 square feet is to be installed at the base
of the sign to comply with the City's landscaping code.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
convenience, if the regulations were carried out literally.
3
The hardship at this location is caused by construction of the elevated grade
separation on Biscayne Boulevard at Ives Dairy Road. The applicant advises, in
its Letter of Intent attached as Exhibit #1, that the existing sign is not visible from
the elevated ramp and is therefore no longer useful in its existing condition.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and are not applicable to other locations.
(3) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LOR.
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant. The elevated grade separation on
Biscayne Boulevard has created the need for the variance.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other
property or improvements in the vicinity. The sign is located within the railway
right of way in accordance with an agreement with Florida East Coast Railway
Company.
(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.
It is recommended that the request be granted subject to the following conditions:
CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
. Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by
Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 10/30/02,
signed and sealed.
4
2. Permits shall be obtained within twelve (12) months of the date of the Resolution or
the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
3. The applicant agrees to fulfill all of its obligations defined in Section II of the
agreement made between Clear Channel Outdoor Inc. and the City of Aventura
dated September 3, 2002. These obligations include, but are not limited to, the
following:
i. The applicant will demolish and completely remove, within 30 days of
issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits #5 and #6
to this memorandum, prior to modification of Billboard No. 2 depicted on
Exhibit #4 to this memorandum.
ii. The applicant will advise Florida East Coast Railway Company, within 10
days of the date of the resolution, that it has no objection to the obstruction, if
any, of visibility of certain billboards which are situated upon the ground or
upon buildings or structures located on or near the FEC right of way in the
vicinity of Biscayne Boulevard and NE 187 Street.
iii. No replacement of Billboards NO.1 and NO.6 will be installed.
iv. No further billboards will be installed at any location in the City of Aventura.
5
~ CLEARCHANNEL
OUTDOOR
'~-'''-IV--D
''\C'VC f-
,',- :_.:2 :':.';: ~~:
October 1,2002
City of Aventura
Community Development Depllrtment
1920 West COW1try Club Drive
Aven~a,FL 33180
Re: LetteT of Intent regarding Public Hearing Application for Vadance -
Clear ChlUU1C1 Outdoor, Inc. ("Applicant")
Ladies/Gentlemen:
The Applicant, Clear Channel Outdoor, Inc., a Florida corporation, applies for a
variance ("Variance") from the provisions of the City of Aventura Code Section 31-
193(e)(1), as authorized by Section 31-76 of the City Code, for the purposes of enabling
Billboard No.2, as depicted on Exhibit "A" attached hereto and incorporated herein
("Billbo81'd"), presently situated below the Biscayne Boulevard flyover, to be modified
and elevated to II height up to sixty-five (65') feet (as measl.\Ied from the bottom of the
base of the support structure of the BUlboard LO the top of the Billboard face), as depicted
in the computer generated rendition, which is attached hereto and incorporated herein as
Exhibit "B", so as to be visible LO motorists from the Biscayne Boulevard flyover
("Flyover").
The Billboard, as originally situated, was a legal non-coniorming use and WIIS
unobstructionally visible to motorists from USl and N.E. 203rd Street. However,
because of the construction ofthe Flyover, the Applicant's use and benefit of the
Bi\1board has been totaHy disrupted and rendered, in effect, useless inasmuch as the
Billboard has been blocked by tbe constTUction of the Flyover, which has diverted
attention away from the Billboard. The fact that a perfectly useful Billboard has been
rendered useless in ancl ofitself defines a "hardship."
The Applicant's inability to use the Billboard for informational purposes has
created a hardship on the Applic811t which is unique to it in that no other similar property
in the area has been rendered virtually useless by the construction ohhe Flyover. The
EXHIBIT #1
01-VAR-03
305
S92 ,62501,-1
477 ,4743 I"
ClearChannel Outdoor
~ CLEARCHANNEL
OUTDOOR
City of Aventura
October 1. 2002
Page 2
BiIlbolU'd when originally created was not deemed prejudicial to the public ",elfaI'll or to
the traffic flow on the public thoroughflU'es or to the public safety or to the property
values in the aI'lla. The mere raising of the BillbolU'd on substantially the same footprint
to render it suitable again all B. billboard would hlU"dly lllt.cr the original approvals and
permits for the Billboard.
The failure to grant the requesteci variance would work a hardship on the
Applicant by renciering its present use as a Billboard valueless resulting, in effect, in the
ourright condemnation of the Billboard. This is not the intended effect of the City's Code
[0 create such a hardship. therefore, we request that the City Commission approve the
Variance.
Very truly yours,
Clear Channel Outcioor, Inc.
----
1:\11 to C\Clenr Chllnracl\Avcnlura\Cit)'Ib'.doc
ClcarChannel Outdoor
,')05
592 ,6250 i
477 '4743!"
:'rJes:OAtRY RD.
'.:..
BROWARD COumY
..-.-.-.-.
DADE COUNTY
:.T
"
"
Ii
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
.
"
.
.
"
"
"
.
"
.
"
: ~
CD
z
ifi
8
Sign Location
w
X
C
s:
:"
:"
."
:.
:-
:"
."
:.
:.
:.
:.
:.
:-
:"
:"
:"
."
:1
:"
..
.
:"
:.
:"
:"
:"
Aventura Police
De ment
Aventura Mall
192 ST.
192 ST.
~
91 ST.
Loehmann's
Fashion W
Island :;c
'"
'"
1905T
188 ST.
d
:;
CD
z
ifi
o
o
MIAMI
GA,ROENS DR.
Atlantic
Ocean
o
LEGEND
......
Roadways
City Boundary
ZIP Code Boundary
Railroad
~
~ \
~
01-VAR-03
,
~
EXHIBIT #3
n1-\/A o-n~
~CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW nlt1 Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
Aventura Flyover North Face
Sign to be elevated
EXHIBIT #4
01-VAR-03
~ CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
Aventura Flyover South Face
Sign to be elevated
EXHIBIT #4
01-VAR-03
~ CLEARCHANNEL
outDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
# 1
#1 US HWY 1 EL 40F NE 203 St.
Sign to be removed
EXHIBIT #5
01-VAR-03
Clear Channel Outdoor
South Florida Division
5800 NW""'" Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
~CLEARCHANNEL
OUTDOOR
#6
# 6 8iscayne 80 WL 25F S/O NW 192 St.
Sign to be removed
EXHIBIT #6
01-VAR-03
C)
---
~
i
I
I
I
i
I
/ ;
..--::....
, ;
,
~
'Ii
EXHIBIT #7
01-VAR-03
.
,~~~
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (bl(2l(i) 01 the City of Aventura Land Development Code. this Applicant Representative Affidavit is
hereby made and submitted. The 1J1dersigned authorized representative of the individual or entity applying lor the Development Permij,
which is identnied in the accompanying application, and the owner of the property subject to the application Cd different) hereby lists and
identifies aU persons representing the individual or entity applying for the Development Permij in connection with the application, as follows:
Name
Relationship p... AUomeys. Atd1iteds, landscape
Aichitects. Engineers. Lobbyists. EIe.}
John G. Immer
Attorney
Robert Bloomster
Surveyor
Jeff Andres
V.P. Real Estate
Manny Mejido
Real Estate Rep
(Attach Additional Sheets << Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT
REPRESENTATIVE AFADAVlT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFAANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AffiDAVIT PURSUANT TO SEC. 3Hl(BX2)(1V) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ~ DAY OF -Oct bv
.~
NTATIVE OF APPLICANT:
OWNER
By:
(Signature)
n Jacobs
(Print)
T~: President. South Fla.Dlvlsion
(Signature)
Name:
(Print)
Trtle:
Address: 5800 SW 77 Ct
M I am I , F 1 3 3 I 6 6
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared J"- "''^' -;) ",,-0 \" , as the a riled representative of the
Applicant and/or the owner of the property subject to the application. who being first by me duly swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that ij is true and correct. '
\tV P Of'FICtALNOTAlWIIEAL
0"" (J~<:- GREGORY J HIBBS
~ ~ " ..,...... -
; ~ CC807453
"P~ ~ IFf '00" IlI4DM..-
0, f'O FEB. 72003
..
"1.-'- oC'.
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of
4J~
Notary Publ of F~a N. Large
Printed Name of Notary1.",2 ('
My commission expires: .,
09/06/02 FRI 14:46 FAX 3057143480
CLEAR CHANNEL
@012
I.
. ,
;"~#J
~.."""
BUSINESS RELATIONSHIP AFFIDAVIT"
This ,~davtt Is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development CoCe. The undersigned Alfl3l\t hereby
tii<;r,;:>s~ !nal: (mark wi1II 'x' applicable portions only)
:XJ " . Alfl3nt does not have a Business Relalionship wi1ll any member ot1l1e City Comm~slon or any City Advisory
Board to which 1he application will be presented.
[ )2. Alfiant hereby discloses tI1at ~ does have a Business Relationship wllh a member at the City Commission or a
City Advisory Board to which 1I1e applicaijon will be presented, as follows:
serves).
(List name of Commissioner or Advisory Board Member) who serves on lhe
(Ust City Commission or City Advisory Board upon which member
The nature of the BuslneSll Relationship Is as follows:
IP.
[JII.
r\;"
[Jiv.
[ lv.
Member of City Commission or Board holds an ownership interest in excess of 1 'k of total assets or
capital stock of Applicant or Representative;
Member of City Commission or Board is a partner, co-sl1areholder (as 10 shares of a corporalioo
which are not listed on any national or regional stock exchange) or joint vellturer wtth the Applicant or
Representative In any business venture;
ll1e Applicant or Representative is a Client 01 a member of the City Commission or Board or a Client
of anotl1er professional working from tl1e same office or for the same employer as the member of 1I1e
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 C;ommisslon or Board (or of
his or her employer) and transacts more than $10.000.00 of the busines! of the member of the City
Commission or Board (or his or her employer) in a given caiendar year;
[] vi. ll1e member of the City Commission or Board is a Customer of the Appli::ant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in e given
calendar year.
WITNESS MY HAND THIS ,Jr.:!J!. DAY OF (p~ .2001-
:j;L
(Signature)
(Print)
(Print)
..< My HAND THIS ..d.!EOAY OF If /~
By;.. .
PRO PERT'{ OWNER:
By:
Nam~:
Trtle: .
, 200)..
(Signature)
(Print)
(PrinQ
i
"
'ins (erms 'Business Relationship: 'Client," 'Customer," "Applicant," "Representative' ana 'Interas/ed Person" are defined in
Section 2-395 of the Menturn Cffy Corie.
,"': 0_ lRl 14: 46 FAX 3057143480
CLEAR CHANNEL
i41014
WITNESS MY HAND THIS~ ,J.i)DAY OF October . 2lXll..
on Business Relationship AIfldaYlt)
By: (SIgnature) By: (Signature
Name: (PrInt) Name: (Print)
Tille: Attorney (Print) Tille: [PrinQ
(SIgnature) By: (Signature
(Print) Name: .(Print)
Title: (Print) TItle: (Print)
By: (SIgnature) By: (Signature
Name: (Print) Name: .(Print)
TItle: (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Plfn!) Name: .(Print)
Trtle: (Print) Trtle: _(Print)
Bv:..__ (Signature) By: . (Signature
(Print) Name: (Print)
I (Print) Tille: _(Print)
I Tille:
I D'{___ (SIgnature) By; _ (Signature
,
i
,. (Print) Name: (Print)
,'.1:
t~1J~; (Print) nUe: jPrfnt)
NOTE: 11 Use duplicate Iheel$lf dlsclosult Inlormation lor RepltSentatlve nrles
2) Applicants and Alllants are advised Illllmely suppl~rnent this Allldavlt pursuant III Sec. 31-71(b)(2Klv) 01 the
CIly'& lind Development Regulations In the CIly COde, In the eventlhat prior to consl,leratlon ollhe appllcstlon
by "'e CIly Board or Commission, the Inlarmallon provided in tha Affidavit becomes I~correct or Incomplete.
'T,. l.~: 46 FAX 3057143480
CLEAR CHANNEL
~013
NOTARIZATION PROVISION
rT"TE Of p..()f\IM I
OOUNTYOf~
&eb'e me. I1e orde,.;gned ~, pelWlIlly IW8I"'l
""""" .....,Md t\iS MocIa"'- Ie<... pwpooe. ......., ......1Rl tw lis rue IRl cxmc:\.
swQt!N TO AND suBSCRIBED ~ me
o tqb.,r
'flfML-
ter~~
e:'L~/ 17! oS-
m.~"""..
~~~.. TO~d C\lI,
. .
~~ ~~ NOtoryPubfic-Stat~
~ VHMyC.."'.....,~
Nr.,W- Cormislion t C
. ~ ..
:,r..~:t:,., )
_~" Pi."DEl
, :d..rW>od 1Illhorly, pelWldy IW8I"'l
.. ., ," ,'" pUl'POSll$llalll<lIlOftlln I(od Ihallll; rue Il'Id o:lll1ed.
.... MIOI1I...too be;o.g filiil by"" duly....... dld...ear'" 1f[ll111lhal
SWORN TO 00 5U6SCIIlaeo beb'e mo lhls _lIay 01
AFFWlT
2OOJ..
NoWy Publlo Stale 0( Flocld.. foI. L.afVO
prtnbld Name 01 NoIary
Mya>l11l11ls<lonelllln.~
'I
\1
rTATE OF FUlRIOA I
COUI'ITY OF MIAMI-OAllEI
&em mo. !he undersiQned autoocily. pe!SQOORy '!'l"'"od
""""" ell8Ql1ed Ihls M\lJavllto( Ihe puqJ09Cls Glabld ..."In eI\d tI\a\ k Is \lO1 Ind c:o<re<L
Ih. A1fWlI, ..too be;o.g fll>1 by mo duty <WOm. ~ ...ear '" Iff"" tolll
j.
;;:~RN TO 00 SUllSCfllBEO be"'" me lhls _ day 0(
^"FiANT
~
~
\\
II
II
"
\1
NOlaIy PlbioSlala 0( Fb'ocla foI.~
PlInbld Name 0( NoIary
My~e"llns:...
:::....:Qf".QruDA )
c;)JI.'iY Of Io\IIIMl-oAllE)
aob'e ..... tie ur<lelOlllned 1llIl\O(\Iy. po,""""",, awearod
hoI>hO ell8Ql1ed It1iS /oJr1de'lll""tIe purpose. Ila\ecl11e,,1n ar<l...t k Is 1M ond "",eel.
... M.a.1, """ beng fir.lt by 1M dllty ....... d<l ........ '" effll111lhol
SWOON TO AND SUBSCRIBED bolOll me IhIS _ day 01
AFFWlT
~200/.....
NOlaIy plbfoc Slala 0( FIocIda foI. ~
PrinIa\1 NamO 0( NolaJ y
MyOQml1'lksslone~s:
Ii
il
10/0?/02 WED 12:35 FAX 305i143480
I: . ~
8
CLEAR CHANNEL
~002
BUSINESS RELATIONSHIP AFFIDAVIT.
This A/fidavit is made pursuant to Soctior131-11(b)(2)(nl of lhe City of AventlKa Land OevelopmOnt ':;ode. The lJldersigned Aft"anl hereby
discloses !hat: (013I1< with 'x" applicable portions only)
~
/\/fiant doeS not haw a BusineSs Refationslllp wilh any member ol1he City Con'mission Q( any City Advisoty
Board kl whictllle eppflC8tiJn wiD be presented.
[ ]2. /\/fiant hefeby dIscloses lhat ~ doeS have a Business Relationship wilh a membe~ 01 the City Commission or a
City M>/Is()ry Board to wtlic:h the eppro:ation wUl be pl'esentlld, as follows:
(list name of Commissioner O! Advis<<y Board Member) who serves on 1I1e
(List City Commission or City Advisory 60ard upon which member
serves) .
The natUfe 01 the Business Relationship is as lollows:
I] i. Member of City Commission or Board holds an ownership interest in e;<eess of 1% of total assets or
capital stock 01 Applicant O! Ropresentative;
[ Ii. Member of City Commission or Board Is a parlner. co-sIIareholder ('IS 10 shares of a corporalion
whlch are not listed on any nalional or regional stock exchang9) or joint venturlll with 1he Applicant or
Representative in any business venlure;
[ ] iii. The Applicanl or Representative is a Client 01 a member 01 the City Conmission or Board or a Client
01 anolher professional working from the same office O! lor lhe same employer as the member 01 the
City Commission or Board;
I J iv. A City Commissioner or 60ard member is a Crtent 01 the Applicant or R .presentative;
I J v. The Applicant or Representative is a Customer 01 the member of !he City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 01 the busin3SS of 1I1e member of 1I1e City
Commission or Board (or his or her employer) in a given calendar year,
[Jvi.
The member 011l1e City Commission or Board is a Customer of 1I1e AI'PrlCaflt or Representalive and
transacts more !han $25.000.00 01 the business 011l1e Applicant .x Representative in a given
calendar year.
oeftlod
. ZOOt.-
WITNESS MY HAND THIS ~ DAY OF
By:
Name:
Tille:
(Signature)
ft. Print)
V. _ < . (print) .
WITNESS MY HAND THIS s&.- DAY OF Ct../hq.
:~PERTY ~WN~R: 4
NaZfM~/J~ -(
Tille: n.~~-;I)e. It..l'h ",=" .. e.E,
200)..
(Signature)
(Print)
(Print)
'The lenns "Business Relationship: 'Client,' 'Cusromer,' '.4flpIicant,' "Representativs. and "/nl,lfesled PefSOO' are d9tined in
SecIion 2.395 01 the Avenlura City Code.
"-' ""'-' --.......
WIDlESS MV' HAND tHIS.5J.- DAY Of f)~btr .!ldt
R an Busln- RelaIicnl;Illp AIl\dIIvilI
By: (S/gnlIlure) By; _ (SIgna/lJ(e
PIW) Name: (PIi1f)
~ TIde: -1PrinIJ
~ By: ?I/ L~ (Signall/f&) By: (SigmIure
Name. M. O. Bao:lev (Prinl) Name: .....JPrtJI)
. TO< ~: T~ ..../PrfIl1)
. By; (SjgnIl1III'8
By; lute)
Name:Robert Blooms t e (PI1dr . Name: ...JPrinI)
Tille; Land Surveyor (PrintJ TItle: -lPrintl
By: (~IQfe) By: _ (SlgnaIlJre
Name: (PrirJ() Name' -1PrlnU
TIlle. (Print) 11IIe: (pm)
By; (Signature) B)': (SIgna/ur!l
Name' (Prin() Name: (POOl)
TItle: (PttJI) TIlle; (Print)
By. (S91anKe) By. _ (Sign;llurl
Name' (Print) Name: -1PrinU
11de: (Print) l1t1e: -fPrinf)
NOTE: 1) U5e dllp~c.le sh_lf d\Sc:IoSlll'e lnfonnallan Iaf RcpresentatiVa Ya!les
2) ApplicaAb and Am.nllllte advised 10 lilnely cupplell1emlhlc AIlld<lvII pIlI'SllaIIt 10 See. 31.71(tll(2)(lvl DllIle
CIly'a I.Ind DevalDpmetll R.....1Ions 1ft 1lIe CIty CDd... In the aNll that prlac' tD COft!lllclntioft of1he IJIIlRClIIlan
by lha CIty BGllrd at CalI\lIIf$slan, \lie InlGrmalian provided In "'. Aftldavll b_~. Incanwt 01' IncompIala.
,~
RECEIVED TIME OCT.22. 10: 45AM
10(02/02 WED 12:35 FAX 305714)480
CLEAR CHANNEL
I€l 004
NOTARlZAl1ON PROVISION
Ill' lI'il dIir -... dCl _ or IIf... ....
SWORN TO N.j() SUBSCRIBED belonl me 11G~ day 01
"
iOO JIt
...,....
1$1
~~~
,lOOJ
.
STAll: Of fUlRlOol. I
.00000OfIl....__~E)MA=..~ n \ 101 1
Betn mo. ...lRlerslgned 1UU1Iriy. personaly If4>OI"'d lLobe<f bltlO."- '.ttf
lIIIsI1llll8ClJllld Ills AllidM lor Ilo plAIlOOOS 5laIed ...reIn 1Rl11ll11s wolRl_
AfRANT
SV/OIVI TO AND SUBSCRIBED belonl mo this frdaY of h r -h, bd 2()jJ..
iAy.......dI:l.....,or_lhaI
2(.,-05
STAll: OF R.ORIOA I
COUIITY Of MIAMI-llADE)
Bolon! ..... lhe undelSigned au1!lollly. pe""""Uy _'ed
hekhe e_ ... Mid.dlor tho pull'OSOs 1la1sd ....." Ind that k is InJe end ~
the M..nL who benj fnl by me Ovly sworn. did ...., or III'"", IlI3I
AF~
SWORN TO AND SUBSCAISED belen mo I1G _ day of
~
NobIryPIAlIeSlalo of floriOa N.t.Atve
PMfecI Name of NoIary
MY_I,,*,,",-
STAll:Of R-llRIOA I
COUI(lY Of MIAMI-llADE)
Ilelonl me, ... unclerslgned 1U1I\o<tly, personaly .......
heIste I_INs AIl'daYillorllo putpOSOS 5laIed IIonl"lI>lthatlls InJe lrod ~
... M..... Vollo Wing tnl by me Only sworn. 0;0 ....., '" Ilf"'" that
AFFWlT
SWORN TO AND SUBSCRIBED before me this _ day 0'
2f4.
Nota" PIAlIe Slalo 01 f_ N.L1rge
PlInlo<l Name of Nofar\"
MY(.I;AUh 'jl':1iow:pk~~
,
...-
-":,
1l
BUSINESS RELATIONSHIP AFFIDAVIT*
This AlfidavR is made pursuant to Section 31-71 (b)(2)(iQ of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that (mark with 'x' applicable portions only)
r.
[ ]2.
Affiant does !!2! have a Busi1ess Relationship with any member of the City Commission or any City hMstJry
Board to which the application will be presented.
A1fiant 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:
(Ust name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, oo-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same offICe or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year. I
WITNESS MY HAND THIS ~ DAY oUe{, ~r ,200L
(Signature)
(Print)
e. (Print)
WITNESS MY HAND THIS _ DAY OF ,200).,
PROPERTY OWNER:
By:
Name:
Tille:
(Signature)
(Print)
(Print)
'The tenns 'Business Relationship,' 'Client,' 'Customer,' 'Applicant.' "Representative' and "Interested Person' are defined in
Section 2-395 of the Aventura Cay Code.
. ...".
WITNESS MY HAND THIS ~ DAY OF uJ.ok . 2Odl..
: ( . ad on Business Relationship A/fidavit)
(Signature) By: (Signature
(Print) Name: (Print)
(Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Title: (Print)
NOTE: II Use duplicate sheets If disclosure Information for Representative varles
21 Applicants and Afflants are advtsed to timely supplement this Affldavlt pursuant to Sec. 31-71{b)(2)(lvl of the
City's Land Development Regulations In the City Code, In the event that prlor to consideration of the application
by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete.
Sf ATE Of I\.llRlOII )
COUNTY Of MIAMHlADEl
NOTARIZATION PROVISION
~
I
IlefoN me. Ihe llldersigned aulhority, pec10lIlIy oppeanld
_ .lIllQIlOd IIis AffodaW for Ihe puIpOSG$ oWed...... ond Ihet lis we ond alITOd.
SWORN TO AND SUBSCRIBED befool me thls!l..- day of
omOAL NClfARY SEAL
JOSIE GENCO
NOfAltY I'UBUC STATE OF FLORIDA
COMMISSION 'NO. CC981548
MY~NEXP. NOV. 13
,
STATE Of R.ORIl>A )
.COUNTY Of MIAMI.oADE)
Bebo me. Ihe llldersigned outhority. pe<>OnalIy aweare<I
........ olIIOCUlod IIis A/foIIaoItl for... puqlO$8s stalod _ ond Ihet lis we ond alITOd.
SWORN TO AND SUBSCRIBEO befool me this _ day 01
STATE Of R.ORIDI\ )
COUNTY OF MIAMI-DADE)
Befool me,lhe undersigned authority. per.;onally appeared
heIshe.xacu1ed this Affidavit for Ihe pulpOSOs slated lhereln and thai lis true and CO<Tect.
SWORN TO AND SUBSCRIBEO befool me this _ day of
STATE Of R.0RtD1\ )
COUNTY Of MIAMHlADE)
Befool me. Ihe llldersigned authorl\y. personalty appeared
helsl1e axacu1ed this Affidavit for Ihe pIllpOSOs stated Ilereln and lhel lis INe and alITOd.
SWORN TO AND SUBSCRIBEO befora me this _ day 01
by me d\Ay owom, did swear Ol atrlm 11a'
.2CXi.- I C;
(':tk'r
N PIblicStata of . AllaIva
Printed Name of Notary
My c:omrNsslon elipAs: /I -, '!> 21J0'f
the Aff<ant. ..00 beilg first by me duly owom, aid swear Ol alf"", that
AFF1ANT
.2001.-
Notary PlbIic Stats of Florida AI Large
Printed Name of Notary
My commIsslon ellplres'
the I\ffllln~ ..00 being fllSt by me duly sworn. did swear Ol af1inn that
AFFIANT
2f1i,.-
Notary Ptblic StaIB of Florida AllaIva
PM\ad Name of NoWy
My c:omrNsslon ellpies'
the I\fflllnt, ..00 beilg first by me duly owom, did swear Ol alf"", thai
AFF1ANT
.200}..
.
Notary PIblic Stata of Florida AI Large
Prinlod Name of Notary
My c:omrNsslon elCpires:
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-193(e)(1) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW MODIFICATION TO A COMMERCIAL
ADVERTISING SIGN LOCATED ON THE EAST SIDE OF
THE FLORIDA EAST COAST RAILWAY TRACKS SOUTH
OF IVES DAIRY ROAD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned U, Utilities District; and
WHEREAS, the applicant, Clear Channel Outdoor Inc., through Application No.
01-VAR-03, is requesting a variance from Section 31-193(e)(1) of the City's Land
Development Regulations to allow the existing commercial advertising sign to be
modified and elevated, where the City Code provides that no legally non-conforming
commercial advertising sign may be moved, altered or replaced; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a variance from Section 31-193(e)(1) of the City's
Land Development Regulations to allow an existing commercial advertising sign to be
modified and elevated to a height of 65 feet measured from the bottom of the base of
the support structure to the top of the sign face, where the City Code provides that no
legally non-conforming commercial advertising sign may be moved, altered or replaced,
on property legally described as follows:
A portion of Section 35, Township 51 South, Range 42 East, Miami-Dade
County, Florida, being a portion of the lands owned by the Florida East Coast
Railway Company lying west of Biscayne Boulevard and south of Ives Dairy
Road, City of Aventura and more particularly described in Exhibit "A" to this
Resolution
is hereby granted to the applicant, subject to the following conditions:
Resolution No. 2002-_
Page 2
1) Plans shall substantially comply with those submitted as follows:
. Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared
by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised
10/30/02, signed and sealed.
2) Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a
motion of the City Commission.
3) The applicant agrees to fulfill all of its obligations defined in Section II of the
agreement made between Clear Channel Outdoor Inc. and the City of Aventura
dated September 3, 2002. These obligations include, but are not limited to, the
following:
i. The applicant will demolish and completely remove, within 30 days of
issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C"
respectively to this Resolution, prior to modification of Billboard No. 2
depicted on Exhibit "0" to this Resolution.
ii. The applicant will advise Florida East Coast Railway Company, within 10
days of the date of this Resolution, that it has no objection to the obstruction,
if any, of visibility of certain billboards which are situated upon the ground or
upon buildings or structures located on or near the FEC right of way in the
vicinity of Biscayne Boulevard and NE 187 Street.
iii. No replacement of Billboards No.1 and No.6 will be installed.
iv. No further billboards will be installed at any location in the City of Aventura.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 3
PASSED AND ADOPTED this 12th day of November, 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
Resolution No. 2002-
Page 4
EXHIBIT A TO RESOLUTION NO. 2002-_
LEGAL DESCRIPTION OF LAND
The Florida East Coast Railway right of way lying in a portion of Section 35, Township
51 South, Range 42 East, commencing at the southwest corner of the southwest Yo of
Section 35, thence N 87 degrees E, 598.23 feet, thence N 02 degrees W, 820.57 feet,
thence N 87 degrees E, 100 feet for the point of beginning,
Thence N 02 degrees W, 1640.18 feet southeasterly ad 311.84 feet, thence S 02
degrees E 200 feet southeasterly ad 313.20 feet, thence S 02 degrees E, 400 feet
southeasterly ad 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly
Miami-Dade County, Florida
~CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
#1
#1 US HWY 1 EL 40F NE 203 St.
EXHIBIT B
Clear Channel Outdoor
South Florida Division
5800 NW rfh Court, Miami, florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
~CLEARCHANNEL
OUTDOOR
#6
# 6 Siscayne SD WL 25F S/O NW 192 St.
EXHIBIT C
~ CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW nltl Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
Aventura Flyover North Face
EXHIBIT DO)
~ CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
Aventura Flyover South Face
EXHIBIT.. D (:ZJ
""""'"
PresHient
HON. JULIO ROBAINA
Council Prcsident. Hialeah
FintVicePresidenl
HON. JOE I RASCO
Mayor, Key Biseayne
Secoad Vice Praideat
HON. MARY SCOTT RUSSELL
Vice Mayor, South Miami
Tbird Vice Pnside...
HON. JAY R. CHERNOFF
Councilman, North Miami Beach
""""',>
HON. DAISY SLACK
Councilwoman, EI Portal
Treasurer
RON ISAAC SALVER
Councilman, 8ay Harbor Islands
Miami-Dade County League of Cities, Inc.
7480 Fairway Drive, Suite 206, Miami Lakes, Florida 33014 ct~
Phone: 305.557.1722 Fax: 305.821.5228 OJ ~
I
E"KuciveDinc:tor
RUSS MARCHNER
Geaera.l COIIRsel
HOWARD B. LENARD
2003 Legislative Issues
BOARD OF' DlRF.CTOR.'i
HON_ JEFFREY M. PERLOW
Mayor, Aventura
HON SY ROTH
Councilman, BaI Harbour
nON, LINDA ZILBER
Vice Mayor. Bay HlUbot Islands
HON. RICHARD IDERR
Mayor, Biscayne Park
HON. DON SLESNlCK III
Mayor, Cora/Gables .
HON, AUDREY EDMONSON
Mayor, El Ponal
HON. IUANIT A SMITH
Commissioner, Florida City
HON AL PARUAS
Councilman. Golden Beach
HON, EDUARDO GONZALEZ
Councilman,HialWi
HON, YlOSEr DE LA CRUZ
Mayor.HialeahGardcns
HON, STEVEN D. LOSNER
Vice Mayor, Homestead
HON. ANNE McDOUGAL
Mayor,lndianCreek
RON. JACK MORROW
Mayor,Medley
RON. MANUEL A OIAZ
Mayor, Miami
HON. JIMMY L. MORALES
Commissioner. Miami-Dade County
HON BETSY KAPLAN
BoardMernbcr
Miami-Dade County School Board
RON, RICHARD STEINBERG
Commissioner, Miami Beach
HON. WAYNE SLATON
Mayor. Miami Lakes
HON. GREGORY ULLMAN
Vice Mayor, Miami Shores
RON. RICHARD L. WHEELER
Mayor, Miami Springs
HON ALAN DORNE
Mayor, Nonh Bay Vinlge
HON MICHAEL BL YNN
Councilman, North Miami
HON RAYMONDF. MARIN
Councilman, Nonh Miami Beach
HON. At VIN MILLER
Mayor, Cpa-Lockl
HON. LESLIE BOWE
Councilman,Pin=t
HON. LILA KAUFFMAN
Vice Mayor, Sunny Isles Beach
HON. MELBA MANERO
Commissioner, Surfside
HON. MANUEL MARONO
Mayor, Sweetwllter
RON. JULIO A. FOJON
Councilman, Virginia GlIrden,
HON. VELlA YEDRA CHRUSZCZ
Mayor, West Miami
A) Library Funding: Support increased funding for the state-funded
Library program for each dollar of local expenditure as provided in
s.257.17 F .S. Support the enhancement of the Department of State's
budget that brings State Aid to the Grant program of all Public
Libraries to a funding level of 10.05 cents of every $1.00 of local
funds spent for the operation and maintenance of all Public Libraries.
B) Homeland Security: Is a Federal responsibility on a National basis.
It is an expenditure of funds beyond local government capability. The
City of Miami Beach, for example, has spent in excess of $6 Million
on Homeland Security. Seaports and A;'ports are also beleaguered
with the mandated cost. The Miami-Dade County League of Cities,
Inc. requests that the Florida and National Leagues of Cities join with
the Miami-Dade County League of Cities in demanding that the
Federal Government absorb the additional cost to local government
for Homeland Security.
C) Equal Treatment of All Immigrants: The Miami-Dade County
League of Cities recently voted unanimously to urge President Bush
to rescind the discriminatory immigration policies against Haitian
immigrants and calling for the equal treatment of all immigrants. The
Miami-Dade County League of Cities urges the Florida and National
League of Cities to support this entreaty.
PAST PRIo:!'\ID[NTS
HON. JOHN KURZMAN
Vice MlIyor, Nonh Miami Beach
HON. RAUL L. MARTINEZ
MlIyor,HilIIeah
HON. JEFFREY A. MISHCON
MlIYOT, North Miami BelICh
RON R. S. SHIVER
Vice Mayor, Florida City
RON DANIEL S. TANTLEFF
Vice Mayor, BaJ HlITbour
~
.
MINUTES
CITY COMMISSION MEETING
OCTOBER 1, 2002 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger,
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: Matthew Leibowitz, Esq. led the pledge of allegiance.
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 VARIANCE FROM SECTION 31.
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 15 PARKING SPACES WHERE 18 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 17866
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Community Development Director Joanne Carr
explained the request of the applicant and entered the staff report into the record.
Mayor Perlow opened the public hearing. The following individual addressed the
Commission: Stanley Price, Esq., 2500 First Union Financial Center,
representing the applicant. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously and Resolution No.
2002.55 was adopted.
4. ELECTION OF VICE MAYOR: After motion made by Commissioner Rogers-Libert,
seconded by Commissioner Cohen, and unanimously passed, Commissioner Holzberg
was elected as Vice Mayor for the next 6-month term.
5. AGENDA: Request for Deletions/Emergency Additions: None.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Mayor Perlow requested removal of item 7-1 from the
Consent Agenda. A motion to approve the remainder of the Consent Agenda was
offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen,
unanimously passed and the following action was taken:
A. Minutes were approved as follows:
September 3, 2002 Budget Hearing
September 3, 2002 Commission Meeting
September 19, 2002 Budget Hearing
September 24, 2002 Workshop Meeting
B. Resolution No. 2002-56 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-
021 FOR PROFESSIONAL DESIGN SERVICES FOR THE YACHT
CLUB WAY DRAINAGE IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON
AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
C. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $55,900
FOR CRIME PREVENTION MATERIALS, SWAT TEAM EQUIPMENT,
DIVE TEAM EQUIPMENT, GAS PUMP CANOPY, YOUTH PROGRAM
AND ELECTRONIC GUN CLEANING EQUIPMENT FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 11, 2002.
D. Resolution No. 2002-57 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
E. Resolution No. 2002-58 was adopted as follows:
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE
EASEMENT TO FLORIDA POWER AND LIGHT ON THE AVENTURA
COMMUNITY/RECREATION CENTER SITE; PROVIDING FOR
RECORDATION; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
F. Resolution No. 2002-59 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 02-265-A
FOR PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES TO
PERFORM LANDSCAPE AND IRRIGATION DESIGN SERVICES FOR
THE COUNTRY CLUB DRIVE LANDSCAPE/IRRIGATION
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND O'LEARY DEISGN ASSOCIATES FOR THE AMOUNT
OF $66,955.00; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
G. Resolution No. 2002-60 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AN EXTENSION OF THE TIME TO
RECORD THE "AVENTURA BAY VILLAS" PLAT, BEING A PLAT OF A
PORTION OF LAND IN THE SOUTH V. OF THE SOUTH V. OF
FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST
AND PORTIONS OF LAND IN THE SOUTH V. OF THE SOUTH V. OF
FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
H. Resolution No. 2002-61 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR COLLECTION OF
UNPAID, ESCAPED AND DELINQUENT OCCUPATIONAL LICENSES
ON INSURANCE COMPANIES WHICH TRANSACT BUSINESS IN THE
CITY BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
LEAGUE OF CITIES INC.; AUTHORIZING THE CITY MANAGER TO DO
3
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
J. Resolution No. 2002-62 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA
AND MIAMI DADE COUNTY TO PROVIDE A COMMUNITY DRUG &
CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AlMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The following item was removed from the Consent Agenda and addressed separately:
I. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA,FLORIDA; SUPPORTING THE NOVEMBER 5, 2002
BALLOT INITIATIVE PROPOSING A SALES TAX INCREASE OF
WHICH MUNICIPALITIES WILL RECEIVE A 20% SHARE
EXCLUSIVELY DEDICATED TO THE TRANSPORTATION NEEDS OF
MIAMI-DADE COUNTY AND THE MUNICIPALITIES OF MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. An amendment was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen and
unanimously passed to clarify that this is a 1/2 cent sales tax and
municipalities would receive 20% of the revenues generated from that 1/2
cent sales tax increase. The motion for approval, as amended, passed
unanimously and Resolution No. 2002-63 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE FRANCHISE AGREEMENT BETWEEN THE CITY AND
COMMUNITY CABLE TELEVISION BY EXTENDING THE EXPIRATION
DATE OF THE FRANCHISE AGREEMENT FROM APRIL 22,2008 TO
APRIL 23, 2009; PROVIDING FOR EFFECTIVE DATE.
4
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Berger. Matthew Leibowitz, Esq., the City's
cable counsel, addressed the Commission. There was no public input.
The motion for approval passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" ARTICLE V "DEVELOPMENT
REVIEW PROCEDURES", AT PARAGRAPH (D) "FILING OF
APPLICATIONS" OF SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHIBIT ANY APPLICANT OR APPLICANT
REPRESENTATIVE FROM CONTACTING THE CITY'S
PROFESSIONAL STAFF (OTHER THAN THE CITY MANAGER)
CONCERNING A PENDING QUASI-JUDICIAL APPLICATION FOR A
DEVELOPMENT PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE PREPARATION AND
DISTRIBUTION OF THE CITY MANAGER'S WRITTEN
RECOMMENDATION; AND AMENDING CHAPTER 34 "PLANNING
AND ZONING", ARTICLE II "QUASI-JUDICIAL MATTERS", AT
SECTION 34-34 "EX-PARTE COMMUNICATIONS", TO GENERALLY
PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE MERITS
OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT OF A PENDING
QUASI-JUDICIAL APPLICATION, OUTSIDE OF THE PUBLIC
HEARING PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Rogers-Libert. An amendment was offered by
Commissioner Berger and seconded by Commissioner Rogers-Libert to
amend Section 2 of the Ordinance - Sec. 34-34(b) to provide that this shall
not apply to applicant and/or resident conferences. The motion failed, 2-
5, with Commissioners Berger and Rogers-Libert voting yes and
Commissioners Beskin, Grossman, Cohen, Vice Mayor Holzberg and
Mayor Perlow voting no. The following individuals addressed the
Commission: Mr. Price; Ben Femandez, Esq., Bercow & Radell; and
Robert Burroughs. There was no further public input. The motion for
approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
5
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 4, "ALCOHOLIC
BEVERAGES," BY AMENDING PARAGRAPH (A) "DISTANCE FROM
OTHER ESTABLISHMENTS", PARAGRAPH (B) "DISTANCE FROM
RELIGIOUS FACILITY OR SCHOOL", AND PARAGRAPH (E)
"EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS," OF
SECTION 4-2 "LOCATION OF ESTABLISHMENTS"; AND BY
REPEALING SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO
CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE CRITERIA
AND TO DELETE THE OBSOLETE REFERENCE TO MIAMI-DADE
COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner 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 (5-0 with Commissioners Rogers-Libert and
Cohen absent from the room) and Ordinance No. 2002-25 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 42, "STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES," ARTICLE II "NEWSRACKS" OF THE CITY CODE;
AMENDING SECTION 42-32 "DEFINITIONS" TO ADD NEW
DEFINITIONS FOR THE TERMS "CITY-oWNED NEWSRACK" AND
"NEWSRACK PORTICO;" AMENDING SECTION 42-33 "PROHIBITED
NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE NEWSRACKS
ON PUBLIC PROPERTY NOT LOCATED WITHIN A NEWSRACK
PORTICO; AMENDING SECTION 42-34 "PERMIT REQUIRED" TO
REQUIRE PERMITS FOR THE USE OF CITY-oWNED NEWSRACKS;
AMENDING SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL
OF LOCATION" TO REQUIRE THAT THE LOCATION OF THE
NEWSRACK PORTICO OR CITY-oWNED NEWSRACK BE SPECIFIED
ON THE PERMIT APPLICATION; AMENDING SECTION 42-36
"ISSUANCE OF PERMIT; CONDITIONS; FEES" TO REQUIRE A FEE
FOR THE USE OF A CITY-oWNED NEWSRACK; AMENDING SECTION
42-37 "INDEMNIFICATION" TO REQUIRE INDEMNIFICATION BY
PERSONS UTILIZING CITY-oWNED NEWSRACKS; AMENDING
SECTION 42-38 "IDENTIFICATION OF DISTRIBUTOR TO BE POSTED
ON NEWSRACKS" TO REQUIRE IDENTIFICATION ON PRIVATE
NEWSRACKS; AMENDING SECTION 42-39 "LOCATION, PLACEMENT
AND NUMBER" TO REQUIRE THAT PRIVATELY OWNED NEWSRACKS
6
ON ANY PORTION OF A PUBLIC RIGHT-OF-WAY BE PLACED IN A
NEWSRACK PORTICO; AMENDING SECTION 42-40 "EQUIPMENT
STANDARDS; ADVERTISING; MAINTENANCE" REGARDING THE
MAINTENANCE OF PRIVATELy-oWNED NEWSRACKS; PROVIDING
PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Holzberg and seconded
by Commissioner Rogers-Libert. 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. 2002-26 was enacted.
10.RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: None.
13. REPORTS. As submitted.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:30 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose. may need to ensure that a verbatim record of the proceedings is made.
which record includes the testimony and evidence upon which the appeal is to be based.
7
~
.
MINUTES
COMMISSION WORKSHOP MEETING
OCTOBER 31, 200210:00 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
The meeting was called to order at 10:00 a.m. by Mayor Jeffrey M. Perlow. Present
were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman,
Patricia Rogers-Libert, Vice Mayor Harry Holzberg, 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.
(Agenda items taken out of order)
3. TERM LIMITS (Commissioner Cohenl: Commissioner Cohen expressed his
concern regarding a proposed citizen initiative to eliminate term limits from the City's
Charter and suggested that this be proposed by the Commission. Ginger
Grossman, 20100 West Country Club Drive, addressed the Commission.
CITY MANAGER'S SUMMARY: Consensus not to take action.
4. SISTER CITY (Commissioner Beraerl: Commissioner Berger requested that this
matter be directed to the Community Services Advisory Board for further research
and recommendation to the Commission.
CITY MANAGER SUMMARY: Consensus to proceed as suggested by
Commissioner Berger.
1. NE 31ST AVENUE PARK AND FOUNDERS PARK IMPROVEMENTS:
Representatives of Craven Thompson presented proposed plans for NE 31st Avenue
Park and revised plan for use of the south side of Founders Park. Robert Diamond
and Jonathan Evans, residents of Williams Island, addressed the Commission.
CITY MANAGER'S SUMMARY: Consensus to proceed with plan as presented for
NE 31s1 Avenue Park with suggestion to increase height of fence between dog park
and playground areas, and to select Design II Concept as presented for the south
side of Founders Park.
(Commissioner Berger left the meeting at this time)
2. PROPOSED FACILITY USE POLICY - COMMUNITY CENTER: City Manager
distributed proposed procedures for use of Community/Recreation Center by non-
profit organizations.
CITY MANAGER SUMMARY: Consensus to approve recommended procedures.
5. SUNNY ISLES BEACH COMPREHENSIVE PLAN (Commissioner Roaers-
libertI:
CITY MANAGER SUMMARY: Removed from agenda.
6. COMMUNITY MEETINGS (Commissioner Cohen): Commissioner Cohen
requested the format of the City update presentations be changed to provide for
more participation by the Commission.
CITY MANAGER SUMMARY: Consensus to continue same format as in the past.
Further discussion included the property known as the George Berlin Park.
7. 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 12:45 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim
record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be
based.
2
FROM: 3059352.170 To: TERESA SOROKA
DATE: 912.712.002. THolE: 1 :43: 18 AM
PAGE 1 OF4
Message
to-E
QasQ sharQ with thQ Mayor & Commission. fis I mlmtionC2d prC2Viously,
this is a nCM FLC CommittQQ. It will focus on iSSUQS such as thQ works
compC2nsatlon prQQmptlon that p<JsSQd in the State LC2gislature last
sl2Ssion, and was signQd into law by thQ Gowrnor.
By this fax. I rQquQst that you IncludQ this on a Commission agQnda for
approVIJI of my servicQ as V1cQ Chair on this Committee.
Pj~L
C: Terl2Sa Soroka
, Phone: 3059332170, Fax: 3059352170
To: Teresa Soroka
Fax Number: 3054668919
From'
Pages 4
te 9/27/2002
WinFax PRO Cover Page
FROM: 3059352.170 To: TERESA SOROKA
DATE: 912.712.002. TIME: 1 :43: 1 e AM
~
FLORIDA LEAGUE OF CITIES, INC.
Legislative Polic:y Committee Response Form
Please fax to the attention of Kristine Galinis at (850) 222-3806
Name: Patricia Rog(.!IS-Ubert
Title: Commlsslol1Qr
Address: City of fiwntura, 19100 W Country Club Drlw 5th floor
City:
fiwntura
Zip code:
33180
Preferred Contact Phone #: 305.933.977511O'i 4MRQOl
Prefeded Contact Fax #: 305.935.Zl70/305.466.8919
PAGE 2. OF 4
What is your preferred method of contact to receive Legislative information (you must
check one): (p\eaae IYJlC or PRINI' cteuly)
L E-mail (please list address) prll9'iOCOlool mm
_Fax (please list fax nmnber)
_Mail (please list mailing address if different from above)
x Yes, I accept the appointment to the RlItilllmllnt PlllSonnlll & COllllctiw Bargaining policy
committee.
No, I decline the appointment to the
committee.
policy
FROM: 3059352.170 To: TERESA SoROKA
DATE: 912712002. TIME: 1 :43:18 AM
PAGE30F4
ATTENTION:
All FLC Polley Committee Members
SUBJECT:
2002 FLC Legislative Policy Committee Meetings
WHERE:
Hyatt Regency Orlando International Airport
WHEN:
10:00 a.m. - 3:00 p.m.
Friday, October 11, 2002
Lunch will be provided.
Please call KrIstine Gallnls at (800) 342-8112 If you have any questions.
Response Form
1
~
Name/Tltle: Patricia RogQrs-UbQrt, CommissionQI
City: fiVQl1tora
RC2tiIQmQnl PcmonnQI fJ Colll2ctiw Bargaining
Policy Committee:
X Yes, lean attend the "2002 Legislative Policy Committee Meetings"
_ No, I cannot attend the "2002 Legislative Policy Committee Meetings"
For those Interested In staying at the hotel the night before. below Is contact
Information for the hotel:
Hyatt Regency Orlando
International Airport Hotel
9300 Airport Boulevard
Orlando, Florida
Phone: (407) 825-1234
Please FAX this completed fonn no later than Friday,
September 27, 2002 to KrIstine Galinis at (850) 222-3806.
FRO"": 3059352.170 To: TERESA SOROKA
DATE: 9/27/2.002 TiME: 1 :43:18 AM
PAGE 4 oF4
. ....
..
FLORIDA LEAGUE OF CITIES, INC.
301 South Bronaugh Street, Suits 300 . P.O. Box 1757 . Tallahassee. FL 32302.1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222.3806 . Web si1e: www.ftcllles.com
September 16, 2002
The Honorable Patricia Rogers-Libert
Commissioner, City of Avcntura
2999 NE 191st Street, Suite SOO
Avcntura. Florida 33180
Dear Conunissioncr Rogers-Libert:
It is my pleasure to appoint you as a Vice Chair of the Retirement, Personnel &
Collective Bargaining Policy Committee. As a Vice Chair, your respOIIsibility will be to
work with the other conunittee mc:mbcrs to discuss 8Dd decide upon the many issues
facing our cities that will come before the Legislature during the 2003 Session.
The ultimate SUCCCSll of the League'. legislative efforts is proportional to the level of
involvement of the mcmbm8bip in presenting and lobbying the League's priorities to the
Legislature. The officers 8Dd Board of Directors of the League appreciate your
willingness to serve 8Dd we ask that you commit your time 8Dd energies to this endeavor.
The first committee meeting for 2002-03 will be held 011 Friday, Oetober 11,1002 from
10:00 LID. uti 3:00 p.m. at tile Hyatt RepDey Orlando .DtemUioDd AIrport. The
policy committees will med again on November 14, 200Z as part of the League's Annnal
Legislative Conference in Orlando where the League's Legislative Policy Statement will
be adopted.
Should you have any questiOllS, please CODtact Kristine Galinis at the League offiee.
Again, thank you for your commitment to the League. I look forwud to working with
you and to a prosperous 8Dd successfUl year!
Sincerely,
~/~
Cannel. Starace, President
Vice Mayor, Village of Royal Palm Beach
Pnlsidsnl C8nnIIlISta-. Vice Mayor, Royal Palm Beach
Fust Vice Assidsl ~ DalIII RaIdIr, Mayor, SerrW10Ie . Second Vice Ptesid8nt Clay Fold. Vice Mayor, GuW Breeze
ExscullII8 DirecIDr MIcheeI SIlIIg . GfNIflf/Jl Counsel HIny MonI8on, Jr.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City a
TO: City Commission
DATE: November 4,2002
SUBJECT: Resolution Declaring Equipment Surp
November 12, 2002 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
the former Mutchnik property and certain property in the Police Department as surplus
to the needs of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01134-02
RESOLUTION NO. 2002"_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
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 desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals AdoDted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale or trade-in.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
. who
, and upon
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 12th day of November, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Item 1
Item 2
Item 3
Item 4
EXHIBIT "A"
.47 acre property located at N.E. 28th Avenue and N.E. 213th Street
Proceeds to General Fund
1996 Proline 20' Boat with engine and trailer. Vessel is valued at
$15,000 per Cast-A-Line Marine Surveyors
Boat Registration Information:
Proline boat
HIN#: FLZAJ0273296
Mercury outboard engine
Serial # OG200048
Marine boat trailer
Tag #: City218973
VIN#: FLM 150008822
Proceeds to General Fund
1989 Nissan Maxima. Vehicle is valued at approximately $300
VIN#: JN1 P5KT237275
Proceeds to LETF Fund
Dictaphone Voice Processor
Model: 31211008
Value: Approximately $1 ,500
Proceeds to LETF Fund
I
'-"'.'
J. ;~
~
.
'I,.,"',.
'" '
'--0
III
~
,
-
214th Street
Residential
21 th treet
Nana's Preschool
D
]0
Vacant
I
Residential ~
------------
Star All
Aventura Commons
Shopping Center
N
Scale
1" = 300'
Gulfstream Park
213th Street
Biscayne
Medical Arts
Aventura Hospital
Mutchnik Property
Adjacent Properties Map
~ FIGURE
=Ir.;",~:: Keith and Schnars, P.A. 3
':: .,;:~ = ENGINEERS. PLANNERS. SURVEYORS
--
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: November 4,2002
TO: City Commission
FROM: Eric M. Soroka, City
SUBJECT: Re-Appointment of Special Masters for Code Enforcement Process
November 12, 2002 City Commission Meeting Agenda Item ~j)
Recommendation
It is recommended that the City Commission ratify the City Manager's re-appointment of
Barbara Buxton, Esq., and Herbert L. Kliger, J.D. as Special Masters for the City of
Aventura Code Enforcement Process.
Backaround
Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process
provides for the City Manager to appoint Special Masters, subject to City Commission
ratification, for a term of one year. It further provides that they may be re-appointed by
the City Manager, also subject to ratification by the City Commission. The above-
referenced individuals are submitted to you for re-appointment as Special Masters.
If you have any questions please feel free to contact me.
EMS/tms
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, I
City Manager
BY:
\
Joanne Carr, AIC-f .,. ~
Planning Directo~
DATE:
November 5, 2002
SUBJECT:
Request of David Mendal for extension of time to complete site works at
19145 Biscayne Boulevard, Aventura (06-VAR-02 EXT)
November 12, 2002 City Commission Meeting Agenda Item ~ 1::
RECOMMENDATION
It is recommended that the City Commission approve a motion to extend the time to
complete the site works for a further sixty (60) days from the date of the motion.
THE REQUEST
The applicant, David Mendal, is requesting approval of a motion to extend the time to
complete the site works at 19145 Biscayne Boulevard approved by Resolution No.
2002-52 adopted on September 3, 2002. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
David Mendal
ADDRESS OF PROPERTY
19145 Biscayne Boulevard
(See Exhibit #2 for Location Plan and
Exhibit #3 for Aerial Photograph)
LEGAL DESCRIPTION
Lot 9 less Federal Highway Block 1 and the
north 5.5 feet of the alley south of and adjacent
to the said Lot 9 of "Amended Plat of Britain's
Addition to Ojus, Florida", according to the plat
recorded in Plat Book 19, Page 24, Public
Records of Miami-Dade County, Florida
ZONING
B2 Community Business District
The Site - The site is located on the east side of Biscayne Boulevard between NE 191
Street and NE 193 Street and is bounded by the Champion Retail Plaza to the north,
south and east.
The Project - The applicant was granted variance approvals by Resolution No. 2002-
52 adopted by the City Commission on September 3, 2002. (See Exhibit #4 for
Resolution). One of the conditions of approval of the variance requests was that ...
"All site improvements, including landscaping, shall be completed within sixty (60)
days of the date of this approval, or the approvals granted shall be deemed null and
void unless extended by a motion of the City Commission."
The sixty day time limit for completion of the work expired on November 3, 2002. The
applicant has advised that he was unable to complete the work within this time period
due to time required to obtain approvals from the Florida Department of Transportation
and the Department of Community Affairs and requested an extension of time by letter
of October 21,2002 (attached as Exhibit #1). The necessary approvals have now been
obtained. A building permit was issued on October 25, 2002 and work is underway.
2
NOt -Of 02lMONl 13:12
I
I
I
I
BILZIN SUMBERG ET. AL
P. 002
BILZIN SUMBERG BAENA PRle!: & AXELROD LLP
,. P.....,....s:......... or .-ROIFE."IO,.AL AS&OC1ATION5
.00 SOU"'" .laCAVNE .OUl-J:v....O. SUITE ~500. ""IAMI. "LO"tCA ~3>131""'3<&O
TCLI:"MONE: f~' 37.-7&00. I"AJl: C~.137"'-7&..3
Rrian S. Adler, E,qulre
Direct Di.l: (305) 350-1351
Dlnet F..: (JOS) 351-1106
EmaR: badler@billin.com
E.-MAIl.: tNfrOe.tLZIN.COM . ~..ILZIN.c:O...
October 21. 2002
VIA FACSiMILE
Ms. JoalIDe Carr
City of Aventura
19200 Wesl Country Club Drive
4th Floor
Aventura, FL 33180
Re: 19145 Biscayne Boulevard
Dear Ms. Carr:
REVISED
In conncction with Resolution No. 2002-52 for the property located at 19145 Biscayne
Boulevard, the City of Avenlura granted certain variances related to the above-referenced
propClty. Condition 2 of the Resolution provided that off-site improvements would be
completed within sixty (60) days of the date of the approval unless cxtended by motion of the
City Commission.
As the Department is aware, we have been working with the Florida Department of
Transporllltion and the Florida Department of Community Affairs related to the entrance
modification and the accessible parlcing space.
The site plan has been modified to eliminate the entrance variance, however, we are in
the process of obtaining Florida Department of Transportation approval for the subsequently
modified entrancc. Further, as MeYl'f Gorin. architect, ex:plained, the Department of Justice
indicated that they do not issue variances front the accessibilily code, but that the applicant must
TC3SOnably comply with the requirements. Meyer Gonn is in the process of resubmitting the
documentation to the State of Florida.
As the Department is further aware, our client has been proceeding with. Obtaining a
building permit and is in need of Noel Marlinez' signature on Ihe plans to submit to the
Department of Community Affairs. Mr. Martine,,-. through no fault of his own. was absent from
the office during the prior week. Therefore, the likelihood of our client being able to complete
the improvements within the requisite time frame seems unlikely. Therefore, we kindly request
\7'''16\11.409\ 11 S94509 v 1
l1l41Q~ 12,51 PM
EXHIBIT #1
06-VAR-02 EXT
~O[ -01' 02 (MONI 13:12 BILZIN SUMBERG Et AL
1
p, 003
BILZIN SUM.ERG BA-EN'" PRICE & AXELROD ......P
Ms. Joanne Carr
City of A ventura
Page Two
Octoher 21, 2001
tho: Depal1mcnt places us on dIe agenda before lhe City Commission in order to obtain an
extension of Condition 2 as provided for in Resolution No. 2002-52.
Your assistance with the foregoing is greatly appreciated.
Very truly yours,
BSNmp
ee: David Mendal
Meyer Gorin
Stanley B. Price, Esq.
\75:!,^\174O')\M 594S09 v 2
11/4102 12:S2 I'M
-' ....
(.--. I
.- _.- ""\ .-.---
'I'\'nV"l'~"r~n'n: · :-w_....V'lI".__....V'lI".~
~ v. OR. .
~ IN~:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
~ .
1'('. .
s .
~ .
11: .
It ·
!P:
r% :
.
.
.
8". ·
'l...... :
IoII,<5"[\G :
.
.
.
.
.
.
33180 :
_._.~._.---
'-'-'-' 33 60:
BROWARD coUNTi'
.._._.-'~I
DADE COUNI"Y
--.
..
.
'.
'.
.
.
.
.
'.
.
.
.
..
..
'.
..
:.
:.
:.
:.
:.
:.
..
:.
:.
:.
:.
:.
:.
:.
:.
. .... :~.
"1'
". ;.
.. :'~:OA1RY RD.
,..
"'.j...
ci
~
m
2:
~
8
0-
201 TER. gJ
-&.
AVENTURA e\J
Fir< I J'.~ ,.,1
Rucw. A.....".,...
Station U
"
Aventura Mall
City of Aventura .. ....."
Government Center IAIoIIU;.f\IoIII'I
WILL"
Site
~
.... w
X
0
==
1925T.
1908T
Lo~hmann's
Fashion W
Island ~
0>
co
g
m
2:
iJj
o
o
1665T,
MIAMI
G.O;!\OENS DR.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
1
Dum/oundling
Bay
1635T.
Allanlic
Ocean
U1l1~
Maule
Lak.
i Q'?o.
o
...~-..".'~... Iii.... ~
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
. .
. .
....
lEGEND
Maule
Lak.
Roadways
City Boundary
ZIP Code Boundary
Railroad
......
~
~- \
;;;;;;;;;;; EXHIBIT #2
~6-VAR-02
,
I
.----'
EXT'
EXHIBIT #3
06-VAR-02 EXT
RESOLUTION NO. 2002-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A PARKING PAVEMENT SETBACK OF 7' WHERE A 10'
PARKING PAVEMENT SETBACK FROM THE RIGHT-OF-WAY IS
REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-
171(a)(6) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW AN ENTRANCE DRIVE MEASURING 21' WIDE WHERE A
MINIMUM WIDTH OF 24' IS REQUIRED BY CODE; GRANTING
VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A 0' LANDSCAPED
BUFFER ON THE NORTH LIMIT, A 4' LANDSCAPED BUFFER ON
THE SOUTH LIMIT AND A 6'7" LANDSCAPED BUFFER ON THE
EAST LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY
CODE; GRANTING VARIANCE FROM SECTION 31-144(c)(5) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN
SPACE OF 28.45% WHERE 33% OPEN SPACE IS REQUIRED IN THE
B2 (COMMUNITY BUSINESS) DISTRICT; GRANTING VARIANCE
FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 100'
WHERE SEPARATION OF 330' OF LANDSCAPED FRONTAGE ON
ARTERIAL ROADS IS REQUIRED BY CODE; FOR PROPERTY
LOCATED AT 19145 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, David Mendal, through Application No. 06-VAR-02, is
requesting:
1. Variance from Section 31-171 (a)(7) of the City's Land Development Regulations
to allow a parking pavement setback of 7' from the right-of-way where a 10'
parking pavement setback is required by Code; and
EXHIBIT #4
06-VAR-02 EXT
Resolution No. 2002-52
Page 2
2. Variance from Section 31-171 (a)(6) of the City's Land Development Regulations
to allow an entrance drive measuring 21' wide where a 24' wide drive is required
by Code; and
3. Variance from Section 31-221(i)(2) of the City's Land Development Regulations
to allow a 0' landscaped buffer on the north limit, a 4' landscaped buffer on the
south limit and a 6'7" landscaped buffer on the east limit where a 7' landscaped
buffer along the perimeter of all vehicular use areas is required by Code; and
4. Variance from Section 31-144(c)(5) of the City's Land Development Regulations
to allow open space of 28.45% where 33% is required by Code; and
5. Variance from Section 31-172(c)(2) of the City's Land Development Regulations
to allow a separation of 100' between driveways, where 330' of landscaped
frontage between driveways on arterial roads is required by Code.
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Variance from Section 31-171(a)(7) of the City's Land
Development Regulations to allow a parking pavement setback of 7' from the right-of-
way where a 10' parking pavement setback is required by Code is hereby granted to the
applicant, subject to the conditions set out in this resolution.
Section 2. Application for Variance from Section 31-171(a)(6) of the City's Land
Development Regulations to allow an entrance drive measuring 21' wide where a 24'
Resolution No. 2002-52
Page 3
wide drive is required by Code is hereby granted to the Applicant, subject to the
conditi0ns 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 0' landscaped buffer on the north property limit, a
4' landscaped buffer on the south limit and a 6'7" landscaped buffer on the east limit
where a 7' landscaped buffer along the perimeter of all vehicular use areas is required
by Code is hereby granted to the Applicant, subject to the conditions set out in this
Resolution.
Section 4. Application for Variance from Section 31-144(c)(5) of the City's Land
Development Regulations to allow open space of 28.45% where 33% is required by
Code is hereby granted to the Applicant, subject to the conditions set out in this
resolution.
Section 5. Application for Variance from Section 31-172(c)(2) of the City's Land
Development Regulations to allow a separation of 100' between driveways where 330'
of landscaped frontage between driveways on arterial roads is required by Code is
hereby granted to the Applicant, subject to the conditions set out in this resolution.
All above Sections on property legally described as Lot 9 less Federal Highway
Block 1 and the north 5.5. feet of the alley south of and adjacent to said Lot 9 of
"Amended Plat of Britain's Addition to Ojus, Florida", Plat Book 19, Page 24 of the
Public Records of Miami-Dade County, aka 19145 Biscayne Boulevard.
Section 6. Approval of the requests above are subject to the following
conditions:
1. Plans shall substantiallY comply with those submitted as follows:
Resolution No. 2002-52
Page 4
. 'Parking for Forest Travel", Site Plan Details. Sheet A-1, prepared by
Arkidesign Inc., dated 04/24/02, revised 05/17/02 and 06/11/02, signed
and sealed.
. "Parking for Forest Travel", Demolition & Landscape Plan, Sheet A-2,
prepared by Arkidesign Inc., dated 04/24/02, revised 05/17/02 and
06/11/02, signed and sealed.
2. The site improvements, including landscaping, shall be completed within sixty
(60) days of the date of this approval, or the approvals granted shall be
deemed null and void unless extended by a motion of the City Commission.
3. All site improvements shall comply with all applicable codes, including, but
not limited to, the Florida Building Code and the Florida Accessibility Code.
4. Prior to issuance of a building permit, the applicant shall obtain approval for
the entrance modification from the Florida Department of Transportation and
provide evidence of such approval to the City.
5. Prior to the issuance of a building permit, the applicant shall record in the
Public Records of Miami-Dade County a release of the cross access
agreement dated July 14, 1997 between David Mendal and Champion Retail
Limited Partnership affecting the property and provide a copy of the recorded
document to the City. All expenses shall be borne by the applicant.
Section 7. 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 8. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Cohen, and upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia-Rogers Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
abstained/absent from room
Resolution No. 2002-52
Page 5
PASSED AND ADOPTED tho 3. d~#
FREY . PERLOW, MAYuf'( ,
APPROVED AS TO LEGAL SUFpcIENCY:
~~
CITY ATTORNEY
~
solution was filed in the Office of the City Clerk thisb-"=day of September, 2002.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
ort Services Director
TO: City Commission
BY:
DATE:
November 5, 2002
SUBJECT: Letter Agreement for Pension Benefits Study
November 12th, 2002 City Commission Agenda Item No....b...E
RECOMMENDATION
It is recommended that the City Commission approve the attached Letter Agreement
between the City and Buck Consultants for the performance of a pension benefits study.
BACKGROUND
During recent negotiating sessions with the PBA, it has been proposed that the City join
a defined benefit pension plan. The specific plan desired by the PBA is the Florida
Retirement System (FRS). This would be in lieu of the 401 (a) defined contribution plan
which the City now utilizes.
This change could have significant cost implications to the City. Therefore, as
previously discussed, it would be imprudent to change the City's pension/retirement
plan without performing a pension/benefits study.
A study of pension plans, including the FRS, requires the use of firms specializing in
actuarial services. Therefore, an Invitation to Submit Qualifications (ISQ)# 02-10-9-2
was drafted and distributed through the DemandStar Bid/Quote/ISQ system. This on-
line system allows prospective proposers to obtain the ISQ via the Internet. We added
a total of twelve (12) firms known to provide actuarial services to pension plans in
Florida. In addition, to the list of vendors notified of the ISQ by DemandStar, the ISQ
was advertised in the September 9, 2002 issue of the Miami Herald.
On October 9, 2002 we opened sealed ISQ packets. Only Buck Consultants responded
to the ISQ. A Review Committee consisting of the City Manager, Finance Support
Services Director and Police Chief reviewed Buck's submittal packet including;
qualifications and history of the firm, resumes of the proposed team to perform the
study, references, and lists of clients. The Committee also interviewed the principals
from Buck Consultants who would perform the study.
Page (2)
Letter Agreement for Pension Benefits Study
I worked with the principal for Buck Consultants to develop the scope of services and
fees for performing the study. This information is included in the Letter Agreement
which is attached to the Resolution. I recommend that the City Commission approve
the Resolution.
If approved by the Commission, we will work with Buck Consultants to complete the
study as quickly as possible. The timeframe for completion will be approximately 120
days from November 12th or mid February 2003. The Commission, City Manager and
Staff will be provided with copies of the study upon completion.
HMKlmn
RESOLUTION NO. 2002"_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LETTER AGREEMENT BETWEEN CITY
OF AVENTURA AND BUCK CONSULTANTS FOR A PENSION
BENEFITS STUDY; 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 of Aventura, in accordance with applicable State law, has
issued an Invitation to Submit Qualifications (ISQ) for actuarial services; and
WHEREAS, Buck Consultants submitted the only response to the ISQ; and
WHEREAS, a Review Committee consisting of the City Manager, Finance
Support Services Director and Police Chief reviewed Buck's proposed project team,
qualifications and background, and determined that the firm was highly qualified to
perform the Pension Benefits Study; and
WHEREAS, City Staff has negotiated the scope of services and fees contained
in the attached Letter Agreement and recommends approval of said Agreement; and
WHEREAS, the City Commission, upon review, wishes to authorize the City
Manager to execute the Letter Agreement for a Pension Benefits Study.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes the City Manager to
execute the attached Letter Agreement between the City of Aventura and Buck
Consultants.
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
Resolution No. 2002-_
Page 2
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 1ih day of November, 2002.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
BUC'
CONsulTANTS'
LETTER AGREEMENT
PENSION BENEFITS STUDY
A ........ Conoulling Co..pony
200 Galleria ParkWay, N. W,
Atlanta, Georgia 30339-5945
Suite 1900
November 5, 2002
Mr. Harry M. Kilgore
Finance Support Services Director
City of A ventura
19200 West Cowrtry Club Drive
Aventura, Florida 33180
Proposed Peasio. BeIoefits StlIdy
Dear Mr. Kilgore:
It was a pleasure to meet with you, Pom Chief Tom Ribel and City Manager Eric Soroka on
October 22, 2002 to dillcuss pension benefits for City of Aventura employees. We appreciate the
opportlmity to work with you on this project.
We are writing to outline the scope of the study, the proposed timing lUId fees.
SeoDe of Stlldy
The study would include:
. Survey of pension benefits ill general employees and police officers in the following
municipalities and the State of Florida.
,,_II ck...\ B"....""\...
M..__~"""" eo.
North Miami
North Miami Beach
Florida Retirement System
We would research and provide comparison of the most recently available pension information
for these entities including:
Type of pension plans
Benefitmultip\ier
Retirement eligibility
Disability benefrts
Death benefits
Definition of pension pay
Cost-of-living adjustments to retirees
Buck Consultants, Inc.
770 I 955-2488 Fax 770' 933.8336
Mr. Harry M. Kilgore
November 5, 2002
Page 2
LETTER AGREEMENT
PENSION BENEFITS STUDY
We would report resuhs separately for general employees and police officers. Our survey results
will be a useful benchmark for City of Avcntura pension benefits.
. Evaluation of three pension benefit options
(1) Ma;ntain clll1'eDl 40 J( a) olan. We understand the City cwrently contributes 12%
of pay to this plan. There are no member contributiollS.
(2) Join the Florida Retirement Svstem (FRS), We would analyze the process Cor
joining FRS and estimate tbe cost including recognition of prior service, and
future service only. We would provide broad review offimded status of FRS and
actual State conlTibutions compared to actuarially determined contn"butions in
recent years.
(3) Adom local ordinance olan. We would review design, cost and administrative
issues. We would lIIIlIlyze setting up separate police and general employees plans,
or one combined plan. The proposed plan benefits would draw from the survey
infOrmation collected. Our review would include an estimate of Chapter l8S tax
premiums to offiet some of the cost of the plan. We would also estimate required
member and City contributions to fund the plan.
In our evaluation of the three peosion benefit options, we would outline the pros and cons of
each a1ternalive. We would also compare the level of benefits provided under each option and
the cost to employees and the City.
Pro_eel TimiD!! aDd Fees
We anticipate it will take approximately six to eiaht weeks to prepare the survey information and
make recommendations on the initial benefit design for a local law plan. After we review this
information with you and agree on the possible local plan design, we expect it will take about
four to six weeks to evaluate the pension benefit options and prepare a draft report of our
findings.
Mr. Harry M. Kilgore
November 5, 2002
Page 3
LETTER AGREEMENT
PENSION BENEFITS STUDY
The estimated fees for us to prepare this study are in the following ranges:
Survey of pension information for four entities, separately for
police and general employees
$ 8,000-$12,000
Evaluation ofthtee pension benefit options
Maintain current 401(a) plan
Join the FRS
Adopt local law plan
Total estimated fees
$ 4,000-$ 5,000
$ 7,000-$ 9,000
$ 5,000-$ 7,000
$24,000-$33,000
We are providing a range for our tees because there are certain aspects of the study that are
difficuh to estimate. For example, the cost of the survey will vary depending on the cooperation
_ or lack of cooperation - liom other entities in gathering the data. Another illustration where the
work required is uncertain is with respect to estimating the Chapter 185 tax premiums. If
situations arise which require work beyond the scope and fees outlined in this letter, we will
discuss them with you before we proceed with the work.
Our fees include the evaluation of the cost of one local law plan benefit design. We can prepare
modifications of the original plan design at a cost of$2,500 to $4,500 per scenario.
Please do not hesitate to contact us to discuss our proposal after you have had an opportunity to
review it.
Sincerely,
~~-~~
J~mmdez
Principal, Consulting Actuary
nF:sjh
P-......,.......c:iI)o 0'6 A...............,... 8aIctM $Wy.bfteIII
~~, u:IWlOOI
ACCEPTED
ERIC M. SOROKA
CITY MANAGER
CITY OF AVENTURA
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AIC
Planning Director
TO: City Commission
FROM: Eric M. Soroka, ICM
City Manager
DATE: October 30,2020
SUBJECT: Amendment to Section 31-143, Section 31-144 and Section 31-145 of the
City's land Development Regulations to delete Community Facility uses as
permitted uses and add Community Facility uses as conditional uses in all
zoning districts with a residential or business and office land use designation
(01-lDR-03)
November 12, 2002 local Planning Agency Agenda Item ~
November 12, 2002 City Commission Meeting Agenda Item 1
January 7,2003 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the amendments to Section 31-143,
Section 31-144 and Section 31-145 of the City's land Development Regulations to delete
Community Facility uses as permitted uses in the RS1, RS2, RMF3, RMF3A, RMF3B,
RMF4, B1, B2, B3, OP, MO, TC1 and TC2 zoning districts and to add Community Facility
uses as conditional uses in those zones to provide consistency with the City's
Comprehensive Plan.
THE REQUEST
City staff is requesting amendments to Section 31-143, Section 31-144 and Section 31-
145 of the City's land Development Regulations to delete Community Facility uses as
permitted uses in all zoning districts with a residential or business and office land use
designation and to add the Community Facility uses as conditional uses in those zoning
districts, in order to provide consistency with Policy 1.3 of the City's Comprehensive Plan.
(See Exhibit #1 for Comprehensive Plan, Future Land Use Element Policy 1.3)
ANALYSIS
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with the City's Comprehensive
Plan.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LDR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with the City's Comprehensive
Plan.
Description/Background of Proposed Amendments 1:
1. Section 31-143, "Residential Zoning Districts" of the City's Land Development
Regulations is hereby amended as follows:
Sec. 31-143. Residential Zoning Districts...
(b) Residential Single-Family Districts (RS 1). The following shall apply to all RS 1
1 Underlined provisions constitute proposed additions to existing text; strisksR tRrsw!jR provisions indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
2
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
G. All \,lses J3erR'litted in the CF District.
G f. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followinq uses mav be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
(c) Residential Single-Family Districts (RS2). The following shall apply to all RS2
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. /\11 uses permitted in the CF District.
SQ. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
G f. Uses accessory to any of the above uses when located on the same plot.
e.g. Zero lot line dwelling units.
(2a.) Conditional Uses. The followinq uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
(d) Multifamily Medium Density Residential Districts (RMF3). The following shall
apply to all RMF3 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
3
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. All uses permittod in the CF Distrist.
9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
R g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses mav be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following shall
apply to all RMF3A Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. .'\lIuEles flermitted in the CF District.
9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
R g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses mav be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
(f) Multifamily High Density Residential Districts (RMF4). The following shall apply
to all RMF4 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
4
a. All uses permitted in the RMF3 District.
b. High rise apartments.
6. .'\IIl,Jses l'JerFRittea iA tl:1e CF District.
e f<. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
e g. ALF
to g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses may be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
(g) Multifamily Medium Density Residential Districts (RMF3B). The following shall
apply to all RMF3B Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Single family dwellings.
b. Zero lot line dwelling units.
c. Two family dwellings
d. Triplexes and quadruplexes.
e. Townhouses.
f. Low-rise apartments.
g. /\IIl,Jses l'JerFRittea iA the CF Distriet.
I=l g. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
h h. Uses accessory to any of the above uses when located On the same plot.
(3) Conditional Uses. The followina uses may be established if first approved as a
conditional use:
a. Uses that exceed the height limitations, but in no event shall uses exceed
seven stories or 90 feet in height.
b. All uses permitted in the CF District.
2. Section 31-144, "Business Zoning Districts", of the City's Land Development
Regulations is hereby amended as follows:
Sec. 31-144. Business Zoning Districts...
(b) Neighborhood Business (B 1) District. The following shall apply to all B 1
5
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:
k. No sign of any type or character shall be exhibited or displayed outside denoting
that alcoholic beverages are obtainable within. Uses accessory to any of the above
uses when located on the same plot. 1\11 uses pormitteEl iR the CF District.
(2) Conditional Uses. The following uses may be established if first approved as a
conditional use:
e. All uses permitted in the CF District.
(c) Community Business (B2) District. The following shall apply to all B2
Districts:
(2) Conditional Uses. The following uses may be established if first approved as a
conditional use:
k. All uses permitted in the CF District.
(d) Heavy Business (B3) District. The following shall apply to all B3 Districts:
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
f. All uses permitted in the CF District.
(e) Office Park (OP) District. The following shall apply to all OP 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:
g. AIIl,lses [ilermitteEl in tt-le CF District.
6
g. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres
2. Any outdoor recreation areas including swimming pools shall be located at least
25 feet from the plot line of any adjacent residentially zoned property and screened
from any such adjacent properties in accordance with the landscape code.
3. The minimum floor area of a rental sleeping room in a motel or hotel, which
includes all areas to be individually rented by a customer, shall be 300 square feet.
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
Q. All uses permitted in the CF District.
(f) Medical Office (MO) District. The following shall apply to all MO 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:
k. .'\11 Hses I3SrFRitted in the CF District.
K Uses generally accessory to the above principal uses...
[. ALF
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
h. All uses permitted in the CF District.
3. Section 31-145, "Business Zoning Districts", of the City's Land Development
Regulations is hereby amended as follows:
Sec. 31-145. Town Center Districts...
(b) Town Center District (TC1). The following 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:
b. /\11 uses porFRitted in the CF District.
7
(2) Accessory Uses. Permitted incidental and accessory uses shall include:
b. /\11 uses l3ermitteEl as assessory uses in the Cr, Community rasilities Distrist.
6.12. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional Uses. The following uses may be established if first approved as a
conditional use:
I. All uses permitted in the CF District.
m. All uses permitted as accessory uses in the CF. Community Facilities District.
(b) Town Center Marine District (TC2). The following shall apply to all TC2
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:
e. /\11 Ilses permittod in the Cr District.
(4) Conditional Uses. The following uses may be established if first approved as a
conditional use:
o. All uses permitted in the CF District.
8
>-4
...:r
o.
...
..0
.-
.....
'<
00
.....
n
.>
lie
Ir.
. :lI
.. ..
- c:
... ..
....
:0
o
3
~
..
.
:r
.
:lI
.
e
.
"1l
.
:lI
In
..
.,
.,,~
.-
....
.:2
n
....
N .
"'g~e.....
lio
~ s-~ ~ ~
s:lll~ N
S.!,!IJ ~
lI!.lIL>2
~~i!
_ e:
.. Ole.
!s!!-I
:I aGJ .
s- I .. "<
[ili
~9'lI!.l5'
!It !ii '< DI
~~l~
~!..~
-< 9- II) c=
~jpi 51
So= =- 0
1Z:::r!!.-
II iif~ ~
'\2,;: 0
!!ll!-
:0..51
S-s-2
~CClcn
~~!~~Q.i
Ji~ilji
Q.Dll~~a
9' !1t. !.~ llI.
"!S~~llll\
!B.~II!.:ls.
~i ;s-l!
iil"" g, if i! II!.
=s~~~!
!ll'< llI.!Il'<'01
CQ)clI~
il.iil..
- -1!!..9'
=-1- Q,CltG
~ !~ ~ II
i- II!. CD c:
. !!llSlll,8'g
!"'i'g):!'llI.
~!il;i
li!.'=--
.a: 0.12.
is'~~g:~
iCD~~gO
~i~aii!
i-:?!:~:I!l!
c=m!!c
!!l !!l! 9'a. ",0
Q."C CD lie. CD =
.
....
::r
.
o
-
..
"'=
o
...
~~i"i ~~ @l,~~~ ~~i~
ili~!."'''8,'O~!.:!!'''-t::'
~l~ii;: t3:~ :i~ il
....~~..... i'.3'O ~ !!ElIf:....!S
.... llI. ~ ~ ~"" g, ~ .. lD i'
i'_I2._!"e:....'[g.?,1ll Jl
~'< 5,.8:0:.. III - ;j.g.~!!
! II ~~} ~ i ~ ! ~!;~
! 8 [" iI !~.!l ! if i ~ ~!
1111ll12.;!!Il3!.!o!!-~g;;l'
Q,S!'S'...'Oi:r.@lS- "<~lll^~
~'lllli~!!l' !ll.~S:>""-~
g...,'5loclll.......^..l!j:of5:=
,",,~::::II :::r-...~g,Gi~;;
'& =- ill ! S!. f :. if-g la. i' ~ .. j[
~",,!i ~ifl!l,.Blitg! s-:g~
! g.~iY~~ !1:t ~ Iii
..~~i:r8'!':le:l!l.'!i"'!.!.'il..
~iig.!S'~llli"'~l5'o=-&.
! [.5 ::11'8 ~ ~{! ! i' i' a' 8
~l5.tD ~ !:ifi-~r~.~ III
i'!.g..3:1iil ~:O_"iil=
!. i. :I g ~ ~ -g !:I 1!.1 a 51
;;;~!!lliiiiCiit~3,"~ 3::1
n=ii.CD,,<3!,,<,,<~~- >>:
g;".g' !':lll...i'lI!.~!':l~go
gi-!!!'~"'!!li llI.<g lI!.'< ~if~
. =~~~lil~51i'~tl,...~
:~i!!ll!l,a.!i~3.g~a
CD c.ID'CJiig 5"~ ~ 5'9' a_
....
o
....
o
o~
"<Ill
~s;
r-..
C:"
-.:I
3$'
-l!lKL
lil~
i~
.i
g
i
f
...
!II.
or
:0
...
e:
III
~
lI!.
=
li
i.
S'
s-
9'
..
5"Q5"
if "<'\2,
.!;-! '"'
C:!II.a. '<
i 5:.s Nt
ol~
m...~
<g "< III
!!lli
i..~
....
. ~:o
'2.i
i~
112.
at
.
N
-
S'..
..&,
""-
~!.
11,"
:oil
li~
i~
[if
"l:I
..
..
...
...
[i.liJifi
~l!"tllie
llS~i..g~
~iis1:a~
i~lif!~
.:c~~~~~!
~~~l~l5'~
l~ ~!il~
.5 ~...llI."'il:li
e:_2''B...e:
::JSI.~~Ut6'
ilf. _....Ill..
i".s gS'i.~
fa 3 5 CD-Cfi,
~~iif~.il.!~
III ~ 1-1!i1
Ciliii"l!l!.q.~
!!loQ- S' ~...
!!!.1!l~!!lS!.!I.5
i'1Il1l" i;l:g
llI. -.. e::g :0 !i1 ...
-=lIlo"'Ci'"
iOCD!:La.C6:
~Q,~~~~~
fIo)BLii.GL. Clt
o~,<.a!':l!ll.
!!l -!.'< III
:~~~!~
..
::0
a.
'"
..
,.,
...
..
..
..
o
:lI
oc:a.:;~
;::s-ir
6~!!.=
::r::ro-;r
&~l ~~
.. -::II =-
....::1_0
.4Do::llr
:Q'- !I
.'illEs,...
'<lI.!: c:
ta-_a.a..
~&.:=.
8... c; lL-.:I
~gz.i!
",ng".
::::c. ::s::r
""'_"!S-I!.
_<:3 _
-_3..
:;lca:l
.2.C'O
- C:::II::r
.. a..
::s- !!.
.nnll
lIEg.
lL&r"n
.-8'0
::I 2.;J ::II
..." n
'" .
i.2.8-
_c -
5!:".~
=::1n:o
&;'.=
cz.q~.
OoQ'::lI
:::a __ a.
o
ClIO
.....
m
n
....
-
<
m
N
EXHIBIT #1
01-LDR-03
~ 0" i ~
s.!:r at
m.i'~ Si-
lil" ..~.lj.
.., ill il :0
a.< Ill..
~!Q.i5.'"
.. !1g
! ifl:g ~
gi!:Ill9.!l
""s:
!1l ~I!l~i;l
~.l! ~ ..
<iii1lll
9' ~ !~ :
~ii~~
iiZ!~~
&.q~n~
glll*'ig:
at3';:&f
i~ii~
~ i&!IL.g
!ilil
i lo-~-
. oS!.
if~~
- .... it!!J
if~.5li
~ t[~]:t~ ~
:! 3i'l!a.~ n
[i~igg~ '<
li g! 3 9'! - .
!llll.~ll~ i ...
CLm i=- CoO ...
~&.iiif~~ ~
[g,~g~..~
~~!l!"g.iil.s
!"~~!i~~
~iif!!-e:=a
i ;;llB:~
~ a;l!l ~...
lll[(iil
ig.!l g"~~
1I~!.~~~
~ i!i~~
;.-fO~1l
~i.S!~e:-
_ S'5..-111i'
ORDINANCE NO. 2002-_
,
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT,
PARAGRAPH (e) OF SECTION 31-143 "RS2" DISTRICT,
PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT,
PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT,
PARAGRAPH (f) OF SECTION 143 "RMF4" DISTRICT, PARAGRAPH
(g) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b) OF
SECTION 31-144 "81" DISTRICT, PARAGRAPH (e) OF SECTION 31-
144 "82" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "83"
DISTRICT, PARAGRAPH (e) OF SECTION 31-144 "OP" DISTRICT,
PARAGRAPH (f) OF SECTION 31-144 "MO" DISTRICT,
PARAGRAPH (b) OF SECTION 31-145 "TC1" DISTRICT,
PARAGRAPH (e) OF SECTION 31-145 "TC2" DISTRICT IN ALL
CASES TO DELETE COMMUNITY FACILITY (CF) USES AS
PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS
CONDITIONAL USES; 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 consistency with Policy 1.3 of the City's
Comprehensive Plan; 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, THAT:
Section 1. Section 31-143, "Residential Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows1:
Sec. 31-143. Residential Zoning Districts...
(b) Residential Single-Family Districts (RS1). The following shall apply to all RS1
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
c. All uses permittee iR tt-le CF OistFist.
€I f. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses mav be established if first aooroved
as a conditional use:
a. All uses oermitted in the CF District.
(c) Residential Single-Family Districts (RS2). The following shall apply to all RS2
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. /\11 uses permitted in the CF District.
I Underlined provisions constitute proposed additions to existing text; striGkElA UIFa~!l1l provisions indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
G Q. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
a!!. Uses accessory to any of the above uses when located on the same plot.
e.g,. Zero lot line dwelling units.
(2a.) Conditional Uses. The followina uses mav be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(d) Multifamily Medium Density Residential Districts (RMF3). The following shall
apply to all RMF3 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. AIIIlSSS IlsrmitteEl iA tl=ts CF District.
9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
R g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses mav be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following
shall apply to all RMF3A Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. /\1I11ses permittee in the CF District.
!it f. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
R g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(f) Multifamily High Density Residential Districts (RMF4). The following shall
apply to all RMF4 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. All uses permitted in the RMF3 District.
b. High rise apartments.
s. .^.II11ses permittee iR tl:1e CF District.
a s;. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
e g. ALF
f,~. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(g) Multifamily Medium Density Residential Districts (RMF3B). The following
shall apply to all RMF3B Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Single family dwellings.
b. Zero lot line dwelling units.
c. Two family dwellings
d. Triplexes and quadruplexes.
e. Townhouses.
f. Low-rise apartments.
g. /\11 uses permitted in the CF District.
R g. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
h- h. Uses accessory to any of the above uses when located on the same plot.
(3) Conditional Uses. The followina uses mav be established if first aooroved as
a conditional use:
a. Uses that exceed the height limitations, but in no event shall uses
exceed seven stories or 90 feet in height.
b. All uses oermitted in the CF District.
Section 2. Section 31-144 "Business Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows:
Sec. 31-144. Business Zoning Districts...
(b) Neighborhood Business (B 1) District. The following shall apply to all B 1
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:
k. No sign of any type or character shall be exhibited or displayed outside
denoting that alcoholic beverages are obtainable within. Uses accessory to any
of the above uses when located on the same plot. 1\11 usos pormitted in the CF
DistriGt.
(2) Conditional Uses. The following uses may be established if first approved as
a conditional use:
e. All uses oermitted in the CF District.
(c) Community Business (B2) District. The following shall apply to all B2
Districts:
(2) Conditional Uses. The following uses may be established if first approved as
a conditional use:
k. All uses permitted in the CF District.
(d) Heavy Business (B3) District. The following shall apply to all B3 Districts:
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
f. All uses permitted in the CF District.
(e) Office Park (OP) District. The following shall apply to all OP 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:
g. ,I'.III:1&e& permitteE! iR t!:le CF Oi&trist.
g. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres
2. Any outdoor recreation areas including swimming pools shall be located at
least 25 feet from the plot line of any adjacent residentially zoned property and
screened from any such adjacent properties in accordance with the landscape
code.
3. The minimum floor area of a rental sleeping room in a motel or hotel, which
includes all areas to be individually rented by a customer, shall be 300 square
feet.
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
Q. All uses permitted in the CF District.
(f) Medical Office (MO) District. The following shall apply to all MO 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:
k. 1\II11SeS l3er-mitteel in the CF District.
K Uses generally accessory to the above principal uses...
!. ALF
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
h. All uses permitted in the CF District.
Section 3. Section 31-145 "Business Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows:
Sec. 31-145. Town Center Districts...
(b) Town Center District (TC1). The following shall apply to all TC1Districts:
(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:
b. /\11 uses permittee in the CF District.
(2) Accessoty Uses. Permitted incidental and accessory uses shall include:
B. AIII;Is8& p8r=mitte(.;j at aeeec&c.uy 1;180& iA tAG CF, Comml:.lRity Faeilitie& DictriGt.
G.12. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional Uses. The following uses may be established if first approved as
a conditional use:
I. All uses permitted in the CF District.
m. All uses permitted as accessory uses in the CF. Community Facilities District.
(b) Town Center Marine District (TC2). The following shall apply to all TC2
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:
o. 1\lIusos pormittod iR tl:1o CF Oistriet.
(4) Conditional Uses. The following uses may be established if first approved as
a conditional use:
o. All uses permitted in the CF District.
Section 4. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 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 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 6. 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 Patricia Rogers-Libert
Vice Mayor Harry Holzberg
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 Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED on first reading this 12th day of November. 2002.
PASSED AND ADOPTED on second reading this 7th day of January, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka. City
TO: City Commission
DATE: September 10, 200
SUBJECT: Proposed Ordinance to Extend Community Cable Television
d/b/a Comcast Cable Television Agreement
1st Reading October 1, 2002 City Commission Meeting Agenda Item ~ A
2nd Reading November 12, 2002City Commission Meeting Agenda Item ~A
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance extending
the Community Cable Television Agreement from April 22, 2008 to April 23, 2009.
BACKGROUND
The subject extension was agreed to by the City and the Franchisee / AT&T Comcast in
the Resolution of the City consenting the change of control of the Comcast Franchise
from AT&T Corp./Comcast Corporation to AT&T Comcast Corporation.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0111 O~02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE FRANCHISE AGREEMENT BETWEEN THE
CITY AND COMMUNITY CABLE TELEVISION BY
EXTENDING THE EXPIRATION DATE OF THE FRANCHISE
AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Community Cable Television d/b/a Comcast Cablevision, a Wyoming
general partnership ("franchisee"), has a non-exclusive cable television franchise
agreement with the City;
WHEREAS, the subject franchise agreement with the City is scheduled to expire on
April 22, 2008;
WHEREAS, the City and the Franchisee have agreed to extend the term of the
Community franchise so that it expires on the same date as the "TCI" franchise as both
franchises are ultimately controlled by AT&T Comcast Corporation; and
WHEREAS, an extension of a cable television franchise requires adoption of an
ordinance by the City Commission;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Expiration Date.
The expiration date of the franchise described above is hereby extended from April
22, 2008 until April 23, 2009.
Section 2. Severabilitv.
If any part, section, subsection, or other portion of this Ordinance or any application
thereof to any person or circumstance is declared void, unconstitutional or invalid for any
reason, such part, section, subsection, or other portion, or the prescribed application
Ordinance No. 2002-_
Page 2
thereof, shall be severable, and the remaining provisions of this Ordinance, and all
applications thereof not having been declared void, unconstitutional or invalid, shall remain
in full force and effect. The City declares that no invalid or prescribed provision or
application was an inducement to the enactment of this Ordinance, and that it would have
enacted this Ordinance regardless of the invalid or prescribed provision or application.
Section 3. Effective Date.
This Ordinance shall take effect and be in force immediately upon its passage and
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Commissioner Berger, 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 Harry Holzberg yes
Commissioner Manny Grossman yes
Commissioner Patricia Rogers-Libert yes
Mayor Jeffrey M. Perlow yes
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on second reading. This
motion was seconded by Commissioner and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
2
Ordinance No. 2002-_
Page 3
PASSED AND ADOPTED on first reading this 1st day of October, 2002.
PASSED AND ADOPTED on second reading this 12th day of November, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, City
inance Relating to Quasi-Judicial
DATE:
September 25, 20
SUBJECT: Proposed Cone of Silence
Matters
1 st Reading October 1, 2002 City Commission Meeting Agenda Item g 13 IL
2nd Reading November 12, 2002 City Commission Meeting Agenda Item <l ~
Attached is a draft Ordinance prepared by the City Attorney that was approved by the
City Commission at the September Workshop to address concerns expressed by the
City Commission relating to establishing a "Cone of Silence" for Quasi-Judicial matters.
The main points of the Ordinance are as follows:
1. Allows City Commissioners to discuss the merits of a proposed project or
development with anyone. However, as to the specific issue, which is the
subject of a pending quasi-judicial matter, Commissioners would be
prohibited from discussing the merits of the issue outside of the public
hearing with any person other than City staff.
2. The prohibition would not apply to applicant conferences with the City
Manager that are attended by individual Commissioners, provided that the
City Manager first finds that the application concerns a project of significant
impact and schedules such conferences. This would be similar to the
meetings held on the Town Center project.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01121-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS"
ARTICLE V "DEVELOPMENT REVIEW PROCEDURES",
AT PARAGRAPH (D) "FILING OF APPLICATIONS" OF
SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHIBIT ANY APPLICANT OR
APPLICANT REPRESENTATIVE FROM CONTACTING
THE CITY'S PROFESSIONAL STAFF (OTHER THAN THE
CITY MANAGER) CONCERNING A PENDING QUASI.
JUDICIAL APPLICATION FOR A DEVELOPMENT
PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE PREPARATION
AND DISTRIBUTION OF THE CITY MANAGER'S
WRITTEN RECOMMENDATION; AND AMENDING
CHAPTER 34 "PLANNING AND ZONING", ARTICLE II
"QUASI-JUDICIAL MATTERS", AT SECTION 34-34 "EX-
PARTE COMMUNICATIONS", TO GENERALLY PROHIBIT
CITY COMMISSIONERS FROM DISCUSSING THE
MERITS OF ANY SPECIFIC ISSUE WHICH IS THE
SUBJECT OF A PENDING QUASI-JUDICIAL
APPLICATION, OUTSIDE OF THE PUBLIC HEARING
PROCESS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:1
Section 1. Land Development Regulations Amended. That paragraph (d)
"Filing of Applications" of Section 31-71 "Procedures of General Applicability" of Article
V "Development Review Procedures" of Chapter 31 "Land Development Regulations" of
the City Code is hereby amended, to read as follows:
31-71. Procedures of General Applicability.
1 / Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing
City Code text are indicated by slrik. liIfallgli.
Ordinance No. 2002-_
Page 2
(d) Filing of applications. The Community Development Director
shall establish application filing deadlines and a review schedule for all
applications. All applications for a development permit filed with the
Community Development Department shall be reviewed to determine
whether the application is complete.
If an application is incomplete the Community Development
Department shall notify the applicant in writing of the deficiencies. An
application for development approval may not be scheduled for public
hearing until all required information has been submitted and the required
review agencies have completed their review.
Once an aoolication is filed. from the time of filina of the aoolication
until the time of oreoaration and distribution to the Commissioners of the
Citv Manaaer's written recommendation as Dart of the Commission
Aaenda item. oursuant to oaraaraoh (e) of this section. no aoolicant or
aoolicant reoresentative shall contact the Citv's orofessional staff (other
than the City Manaaerl concemina the aoolication exceot in writina or
exceot to resoond to soecific reauests from the Citv's orofessional staff.
Section 2. City Code Amended. That Section 34-34 "Ex-Parte
Communications. of Article II "Quasi-Judicial Matters" of Chapter 34 "Planning
and Zoning" of the City Code is hereby amended, to read as follows:
Sec. 34-34. Ex-parte communications.
(a) Exceot as otherwise soecified herein. this section is adopted to
follow the disclosure processes of F.S. ~ 286.0115(1), and shall be
construed so as to be consistent therewith.
(b) Exceot for the soecific issue which is the subiect of a oendina
auasi-iudicial matter for which an aoolication has been filed with the Citv
oursuant to section 34-32 of this Code. any Commissioner may choose to
discuss the merits of any matter Elf orooosed oroiect or develooment on
which action may be taken by the Commission with any person not
2
Ordinance No. 2002-_
Page 3
otherwise prohibited by statute, charter provision, section 34-40 or other
ordinance, if the Commissioner complies with the aoolicable procedures of
oaraaraoh Ie) and (d) of this section 34-34. As to any soecific issue which
is the subject of a oendina auasi-judicial matter for which an aoolication
has been filed with the Citv oursuant to section 34-32. outside of the oublic
hearina Commissioners are orohibited from discussina the merits of the
soecific issue for which aooroval is souaht by the oendina aoolication with
any oerson other than the City staff. The term "soecific issue". as used in
this oaraaraoh. refers to the soecific variance. conditional use. rezonina.
site olan. olat aooroval or like item for which aooroval is souaht. rather
than referrina to the aeneral matter. as oooosed to the merits. of the
orooosed oroject or develooment itself. Notwithstandina any contrary
orovision of this oaraaraoh Ib). the orohibitions of this oaraaraoh (b) shall
not aoolv to aoolicant conferences with the Citv Manaaer which are
attended bv individual Commissioners (no more than one Commissioner
at each conference) orovided that the City Manaaer first finds and certifies
in writina that the aoolication concerns a oroject of sianificant imoact. and
schedules such conferences. The term "oroiect of sianificant imoact." as
used in this oaraaraoh. means a oroiect which has the ootential to
substantially enhance or substantially imoair the oublic health. safety or
welfare.
(c) Compliance with the procedures of this section 34-34 shall
remove tAe anv presumption of prejudice arising from ex-parte
communication with any Commissioner.
(1) Oral communications. The subject of the communication and
the' identity of the person, group, or entity with whom the
communication took place shall be disclosed and made a part
of the record before final action on the application. At the
quasi-judicial hearing the person or persons responsible for
the ex-parte communication, any party to the hearing and any
participant shall have the opportunity to contest the accuracy
of the matters disclosed.
(2) Written communications. Any written communication related
to an application pending before the Commission shall be
forwarded to the appropriate staff for inclusion in the official file
for the application, and shall be disclosed on the record before
final action on the matter. It shall be the responsibility of the
applicant to review the official file periodically to determine
3
Ordinance No. 2002-_
Page 4
whether written ex-parte communications have been placed in
the official file.
(3) Investigations and site visits. Exceot as orovided in oaraaraoh
(b) above, Commissioners may conduct investigations and site
visits and may receive expert opinions regarding a quasi-
judicial action pending before them. However, in any event,
such activities shall not be presumed prejudicial to the action if
the existence and subject matter of the investigations, site
visits, or expert opinions is made a part of the record before
final action on the matter and an opportunity for the parties
and participants to respond is provided prior to or at the
hearing.
(d) Commissioners must make disclosures of their ex-parte
communications (reaardless of whether or not such ex-oarte
communications are orohibited bv oaraaraoh (b) above) before or during
the public meeting at which a vote is taken on the application to afford
persons a reasonable opportunity to refute or respond to the
communication.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion In the Code.
It is the intention of the City Commission,
and 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 re-
numbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word.
4
Ordinance No. 2002-_
Page 5
Section 5. Effective Date.
This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on first reading. The motion was seconded by Commissioner Rogers-Libert
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
Commissioner Patricia Rogers-Libert yes
Mayor Jeffrey M. Perlow 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:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 1st day of October, 2002.
PASSED AND ADOPTED on second reading this 12th day of November, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
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
SOOKIE WilLIAMS, who on oath says that he or she is the
VICE PRESIDENT, 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
NOTICE OF PROPOSED ORDINANCE
in the XXXX Court,
was published in said newspaper in the issues of
10/07/2002
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 he or
she neither paid nor promised any person, firm or corporation
an dis unt, rebate, commission or refund for the purpose
u sa ring this adverllselT1ent for publication in the said
n '.' apar.
OFFICIAL A S
lANETI LLERENA
OOKIE WilLIAMS per fIl:IlIUllgfATE OF FLORIDA
COMMl55ION NO. CC 912958
MY COMMISSION EXP. NE 23,2004
:"~f~l~~
. Tl!!'~~ *
.-;. , ',"""
~, p"",
~ofB~'
i I CI'I'Y QF A........... . \
:, ..uBLICIICmCIIOFPR~OIIDIiIAIIcIi
, NOTICE IS HEflEIiIY GIVEN that on TUIIday,1IIe 12111 cIlIy of Novem-
ber,'2C02. aI a1!lOelli\goftheClly c..,"~Lllati<<the CftyolAvenlura, to;
'be he1tt at lSj)Op.m.1n1t'e-CQrIl,,';.!diORGIW;.J~ ...AveAIuJa ~~
mem Oenter, 19200_ COUntryCl~; A_, -._City;
'Commission wm """_, the ac!OI>tlon.of the fdlcMIng Oldinances on:,
second reading, io1tttIed:" . ' ,
AN ORDIIWICE OF TIlE CITY OF "V_URA, FLORIDA,
AMEJIQIIIG JHI! i'lWlCH_ AGREfiIIEJIT IIETWJEN TIlE
CITY AND CCllllUNnY eMLE ,~El.~ BY EXTIlHll-
ING THE EXPIRATION D.\U OF THEfl'lAtlPlISE AGREE-
MENT fflOIIAPRIL llI, 2OOI~O A"AIL~lIQlI8; PROVIDING
FOR Ef!FE;CTlYE DATE. I ,.
.
AN ORDINANCE OI',THECITY oF AV
AIIENIIING 'TIIE.CITY CODf;;lJV All
'LAND DEVELOPMENT IIEGULA
'DEVELOPMENT III;YIEW PROCE
GRAPtlLFlUNGQf N'I!,' UCATlONS'
,~ 'oF'-l- APPL
Hl8It ~ AP~O"APPUCAHT
FROM COtlTACTlIlQ TIlE f;:1TV'S
(OTHER TIIAN THill t:rrY MANAGER)
PENDING QlIAShII!D\CW. AP~.
OPMENT PEllIIIT FIIClIt tHE TIllE OF,
APPUCATlON UNT1L 1JlE. TIME OF TH
AND DISTRIBUTION ,OF "I'HE ClJVIWI
RECOMMENDATiOl(' . AND .......'
'PLANNING AND ~', ARTICLI;H.
MATTERS', AT seCT1ON34-U.'EJ(.fI
TlOI$', TO GENERAllY PROHIBIT OIlY
FROM Dl$CUSSlNG THE IIERITSOF
WHICH,./SlitESII1IoI!l, ,qrql'2!,A PEIIIQIIIG,' - .
APPUCATlON ,out$itI! ur litE
CESS;PROmNG FOIl SEVERABlUTV;.
INl;1.U5ION IN CODE; ~FOR
The proposed O~ II1llYbII inIpeI:t8d
of the CIIy,CIm1<, 19200 We8I.Co\U'llry CiIIb ,Aventull, Fi!lJida.1",
I~PAAIoS~~rilI'~~~~ OH"
spec! to the nances. "'Y'penlOfl
City ConvnissiOn on any iI!ltn aI this PullIIc
, Mayor opens the public hearing.
, FLOIl!DA.
CIlAl'TEIl31
,~V
~,;-AT. ft~-
!lI<mC* 3J'71
.,TO,'~
:AJlVE
STjIFF
RIIlN6 A
FOR A ~-
FlUNG OF TIlE 11
""",WTION' 1
EI1'S WRITTEN
,~'34
. CIAL
.~
ER5
CIFlC ISSUE
DICIAL
PRO-
DING FOR
DATE. ,
1017
In accoldam;e with the Amertcans with
sons who are disabled and who i1eed special
pate III this proce8ding bec:auSIl of thet dlsebility
of the City C1e11<, ,305-466-8901, nollater than
suCh proceedings.
If a person decides to appeal any _(Ill
sian with respect to any matter considered al a
penlOfl wIU need a I'IlCOId of the.proceedIngs
need to ensulll that a ve_1'IlCOId of the
I'IlCOId Includes th8 _many and evidence u
be baSed.
by the City ConvnIs- .
Ilno 01' hearing, thet
suChpu_.mey
Is made, whiCh
the appeal Is to :
.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
legal Holidays
Miami, Miamj.Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays),nGwspaper, 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 11/12/2002
CLEAR CHANNEL OUTDOOR, INC.
in the XXXX Court,
was published in said newspaper in the issues of
11/01/2002
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 he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing thi ve' for publication in the said
newspaper.
O.V. FERBEYRE
o OAt N
JANFTT LLERENA
.i'UBUC STATE OF FLORIDA
elJ? COMM=~Xp' CC 9]2958
. 23.2004
~ '\, \,\ .~:
~,~~
i :::(~'~,fr~/ \
! - ~/~."'S1-.-:li"'~'. ".,,-, \
\" (ifr ,{' ,:;::~I /
~ ....J.!!.,' .
,~.. ... ,... /::J'I~
) .-/,~
: ,.,.,'. "
~.
~qf
CITY OF AYENTU~..
Oat8f11... of I I
PublIc~ng: Tuesday, Novembert9F6P.m.
AppIIc8nt Nome: Q1ear Channel Outdoo . Inc.
Appll..nt'a Requeat: A Rlquest lor V.ri lrom Section 31-
193(e)(1) of the City's Delieiopmet It Reg-
ulations to aItow the 'no commen:IaI ad-
yertislng sign located the east side of the
Florida East Coast R .y tracks south of Ivea
!laity Road to be ied and elevated 10 a
heIgI1t 01651eel he Cfty Code provides
th.at no legally rming commercial ad-
vertising sign' may moved, aftered or re.-
placed.
AppIIcaUon Number: 01-VAR-03
I.oc8IIon 01
Sub/ecl ~
; .
East side of FEC 'r , south of Ivas Dairy
Road,
Plans are on Ilk! and may beexamined dilring
the City 01 Avent~ra Government Center, 1
Drive. Avenlura, Florida 33180, P1.ns may be
Public Hearing. The .ppllcatlon may c:hang8 duri
The Public Hearing wili be held .t C~y of Aven Government Center,
19200 Wast Country Club Drive, Avenlura, F 33180, Your com.
~s may be made in person .t the hearino or In -no prior to the
hearing date. Refer to appIicanUpropeny 00 nee .nd mali
same to City of AventuraGovemmenl Center, mrnunfty Development
Department eI the .bove .dd..... For further I
(305) -.&940.
In accordai>ce with the Americans with DIsa
sons who ara disabled .nd who need special
pale In this proceeding because of thet disability
01 the City Clerk. 466-8901, not later than two bu
proceedings.
s Act of 1990, ail per-
mmodations to particl-
ould contact the Office
days prlorto ouch
If . person _ to appeai any decision e by the Cfty Commls.
sion with f8SIlOCI to .ny matter considered .t . Ung .or hearing, thet
pelSOn wilIneed a record of the proceedIngs.n ,for such purpose, may
need to 8OSUr'8 that averbattm record of the p s iSlT8de. which
record includes the tealimony and evidence wI1Ich the appeal is to
be~. .
, CMC, City CIeri<
02-3-511310940M
t1/1
--l-
.,
---
~ht _iami Htrat~ ImBII
published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNrY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade
county, Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of: Miami Herald, local section Thursday, October 31st,
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.
~ ~-
')70';~/h0<2~
FRANK TO SINO
Sworn to and subscribed before me
This 5" day of ,IV' ~k/f- A.D. 2001
/~
J ~
t::7"~L ~~ Ck-~~/ - "
Lisa Ann Hernandez
GlA'~',:"I" Lisa Ann Rernand ez
I'~ ~Commf8sb1fDD000617
. ..,: Exp1res Fab. 11,2005
.. ~~ BoadBt !hru
Y:r.~" Atlantic BODdIog Oo~ IDe:..
900 West 49th Street, Suite 500, Hialeah, Florida 33012
] ~lI~I["':III1~-4IJ]J] ::I~"
1
f."
.
~
.
.
.
It
.
.
1 .
'.
Public Notice is hereby given that the Aventura City Commission, sitting as the City of \ ~
Aventura Local Planning Agency, will meet in a public hearing on Tuesday, November 12, :
2002 at 6:00 pm to consider adoption of the following Ordinance: :
, I
Ii
. j
, .
I
.
~
.,
.
h
.
,
.
,It
.
.
'Ill
-.
.iI
...
-iI
oil
it
I1Ii
1i
Ili
.Jl
oii
..~
,-I
..
-~
1I,a!
di
iI
\Iii
.11
...
'll.
,
''110
l~
.,u:
.~
J"
~
f.
.'- .
'~
,
,
"
"
j
.
. <<
*
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 to be considered at these . :
meetings, that person shall insure that a verbatim record of the proceedings is made :
including all testimony and evidence upon which the appeal is to be based. :
.
, .
. , .
"
~
~
CITY OF AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY AND
NOTICE OF AMENDMENT OF
CITY'S LAND DEVELOPMENT REGULATIONS
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b)
OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH (c) OF SECTION 31-143 "RS2"
DISTRICT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e)
OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 143 "RMF4"
DISTRICT, PARAGRAPH (9) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b) OF
SECTION 31-144 "B1" DISTRICT, PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT,
PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION
31-144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-144 "MO" DISTRICT,
PARAGRAPH (b) OF SECTION 31-145 "TC1" DISTRICT, PARAGRAPH (c) OF SECTION
31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES
AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL
USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
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 above-
described Ordinance.
The above-described Public Hearings will be held at City of Aventura Government Center,
19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may
be inspected by the public at the Office of the City Clerk at Government Center. Interested
parties may appear at the Public Hearings and be heard with respect to the proposed
Ordinance.
In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in these proceedings
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. .
'1
Teresa M. Soroka, CMC, City Clerk
l'