11-05-1996 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
NOVEMBER 5, 1996 - 6 P.M.
CITY COUNCIL
Arthur I. Snyder, Mayor
Arthur Berger, Councilmember
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey M. Perlow, Councilmember
Patricia Rogem-Libert, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
CITY OF AVENTURA
The City of Excellence
City Council
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
COUNCIL MEETING
NOVEMBER 5, 1996 - 6 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please
indicate the item number you would like to address when the announcement regarding the quasi-judicial
item is made. You must be sworn before addressing the Council, and if you wish to address the Council,
you may be subject to cross-examination. If you refuse to submit to cress-examination, the Council wirl not
consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09.
MOTION TO APPROVE LANDSCAPE PLAN FOR
AVENTURA ACQUISITION CORP. AS A CONDITION OF
ZONING APPROVAL FOR HEARING NUMBER 96-4-35
(95-336)
MOTION TO APPROVE LANDSCAPE PLAN FOR TOWN
TAVERN OF AVENTURA, INC. AND HOOTERS OF
AVENTURA, INC. AS A CONDITION OF ZONING
APPROVAL FOR HEARING NUMBER 96-6-ACC-1 (95-
541)
NOVEMBER 5, 1996
HEARING NUMBER:
APPLICANT:
LOCATION:
REQUEST:
HEARING NUMBER:
APPLICANT:
LOCATION:
REQUEST:
96-7-ACC-1 (95-660)
TURNBERRY COUNTRY CLUB
19999 WEST COUNTRY CLUB DRIVE
AVENTURA, FLORIDA
(1) MODIFICATION OF PREVIOUSLY
APPROVED PLANS SHOWING
REVISIONS TO THE EXISTING COUNTRY
CLUB WITH AN INCREASE OF 128
UNITS IN THE PROPOSED HOTEL
(2) NON-USE VARIANCE OF PARKING
REQUIREMENTS TO PERMIT 800
PARKING SPACES (1,085 PARKING
SPACES REQUIRED)
(3) UNUSUAL USE TO PERMIT OUTDOOR
DINING
(4) MODIFICATION OF THE AVENTURA
CRITERIA BOOK
(5) NON-USE VARIANCE OF PARKING
REGULATIONS REQUIRING PARKING
SPACES TO BE 8.5' WIDE BY 18' LONG;
TO VARY SAME TO PERMIT CERTAIN
SPACES TO BE 7.5' WIDE BY 15' LONG
96-10-ACC-2 (96-281)
CHABAD HOUSE OF NORTH DADE, INC.
21001 BISCAYNE BOULEVARD
AVENTURA, FLORIDA
(1) MODIFICATION OF RESOLUTION 5-
ZAB-470-95 TO ALLOW FOR
SUBMITTAL OF A REVISED PLAN
SHOWING THE EXPANSION OF THE
PREVIOUSLY-APPROVED RELIGIOUS
FACILITY
(2) SPECIAL EXCEPTION TO PERMIT THE
EXPANSION OF THE PREVIOUSLY
2
NOVEMBER 5, 1996
APPROVED RELIGIOUS FACILITY ONTO
ADJACENT PROPERTY
(3) NON-USE VARIANCE OF BUILDING
HEIGHT REQUIREMENTS TO PERMIT
THE PROPOSED RELIGIOUS FACILITY
WITH A BUILDING HEIGHT OF 36' (35'
MAXIMUM PERMITTED)
(4) NON-USE VARIANCE OF LOT AREA
AND LOT FRONTAGE REQUIREMENTS
TO PERMIT THE PROPOSED RELIGIOUS
FACILITY ON A PARCEL OF LAND WITH
AN AREA OF 1.14 ACRES (2.5 ACRES
MINIMUM REQUIRED) (.52 ACRE
PREVIOUSLY APPROVED) AND A LOT
FRONTAGE OF 80.85' (150' MINIMUM
REQUIRED)
(5) NON-USE VARIANCE OF PARKING
REGULATIONS TO PERMIT PARKING
AREAS WITHIN 25' OF THE OFFICIAL
RIGHT-OF-WAY OF NE 30TM AVENUE
(NOT PERMITTED)
(6) NON-USE VARIANCE OF PARKING
REQUIREMENTS TO PERMIT A TOTAL
OF 66 PARKING SPACES (82
REQUIRED)
(7) NON-USE VARIANCE OF SETBACK
REQUIREMENTS TO PERMIT THE
PROPOSED RELIGIOUS FACILITY TO
SETBACK 1' (50' REQUIRED) FROM THE
INTERIOR SIDE (NORTH) PROPERTY
LINE AND SETBACK VARYING FROM 5'
TO 5'2" (25' REQUIRED) FROM THE
SIDE STREET (SOUTH) PROPERTY LINE
(NE 210 STREET)
(8) NON-USE VARIANCE OF ZONING
REGULATIONS REQUIRING A HALF
SECTION LINE RIGHT-OF-WAY TO BE
70'; TO WAIVE SAME TO PERMIT 30'
(35' REQUIRED) ALONG THE WEST
SIDE OF NE 30 AVE OF THE SUBJECT
PROPERTY.
3
HEARING NUMBER:
APPLICANT:
LOCATION:
REQUEST:
HEARING NUMBER:
APPLICANT:
NOVEMBER 5, 1996
96-11-ACC-1 (96-203)
P.C.T. BISCAYNE BOULEVARD
PARTNERSHIP
EAST OF BISCAYNE BLVD.
BETWEEN NE 187 ST. AND NE 191 ST.
AVENTURA, FLORIDA
(1) MODIFICATION OF PREVIOUSLY-
MODIFIED COVENANT
(2) MODIFICATION OF RESOLUTION 4-ZAB-
71-91, MODIFIED BY RESOLUTION 4-
ZAB-156-92 AND LAST MODIFIED BY
RESOLUTION 4-ZAB-325-93 TO ALLOW
THE APPLICANT TO SUBMIT NEW
PLANS SHOWING THE PROPOSED
EXPANSION
(3) NON-USE VARIANCE OF LANDSCAPED
OPEN SPACE REQUIREMENTS TO
PERMIT THE PROPOSED LANDSCAPED
OPEN SPACE AREA OF 12.02% (13.5%
REQUIRED)
(4) NON-USE VARIANCE OF PARKING
REQUIREMENTS TO PERMIT 1,909
PARKING SPACES (1,930 PARKING
SPACES REQUIRED) PREVIOUSLY
APPROVED 1,398 PARKING SPACES
(1,567 PARKING SPACES REQUIRED)
(5) SPECIAL EXCEPTION OF SPACING
REQUIREMENTS AS APPLIED TO
ALCOHOLIC BEVERAGE USES TO
PERMIT A WINE BAR & CIGAR STORE
TO BE SPACED LESS THAN THE
REQUIRED 1,500' FROM OTHER
EXISTING ALCOHOLIC BEVERAGE
USES AND SPACED LESS THAN 2,500'
FROM A SCHOOL AND RELIGIOUS
FACILITY.
96-11 -ACC-2 (96-383)
AVENTURA COMMONS ASSOCIATES LTD.
4
NOVEMBER 5, 1996
LOCATION:
SOUTHEAST CORNER OF NE 213 ST.
AND BISCAYNE BOULEVARD (S.R.5)
AVENTURA, FLORIDA
REQUEST:
SPECIAL EXCEPTION OF SPACING
REQUIREMENTS AS APPLIED TO
ALCOHOLIC BEVERAGE USES TO PERMIT
A PROPOSED PACKAGE LIQUOR STORE
IN A SHOPPING CENTER SPACED LESS
THAN THE REQUIRED 1,500' FROM
ANOTHER EXISTING LIQUOR
ESTABLISHMENT AND SPACED LESS
THAN THE REQUIRED 2,500' FROM AN
EXISTING RELIGIOUS FACILITY.
MOTION TO APPOINT VICE MAYOR
APPROVAL OF MINUTES:
MOTION TO APPROVE MINUTES OF:
WORKSHOP MEETING OCTOBER 14, 1996
COUNCIL MEETING OCTOBER 16, 1996
AGENDA:
REQUESTFOR DELETIONS/EMERGENCY
ADDITIONS
SPECIAL PRESENTATIONS:
APPROVAL OF APPOINTMENTS AND RECOGNITION OF
MEMBERS OF THE BEAUTIFICATION ADVISORY
BOARD AND RECREATION AND CULTURAL ARTS
ADVISORY BOARD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA BEAUTIFICATION ADVISORY BOARD; AND
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA RECREATION AND CULTURAL ARTS
5
NOVEMBER 5, 1996
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE
DATE.
CONSENT AGENDA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.13 STORMWATER
MANAGEMENT UTILITY AND WORK AUTHORIZATION
NO. 15414.08 PHASE 1 PRIMARY GIS DATA BASE FOR
PROFESSIONAL ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Engineers to prepare study establishing a
Stormwater Utility Program and design a computer mapping
system for the City)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
SUBORDINATION OF CITY UTILITY INTERESTS FOR
PARCEL NO. 103.$R AND SUBORDINATION OF CITY
UTILITY INTERESTS FOR PARCEL NO. 103.4R BY AND
BETWEEN THE CITY OF AVENTURA AND THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION;
AND PROVIDING AN EFFECTIVE DATE.
(Releases the City's utility interests on parcels to be utilized
by FDOT for Biscayne Boulevard widening project)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ADOPTING "THE CITY OF
EXCELLENCE" AS THE CITY OF AVENTURA'S
SLOGAN; AND PROVIDING FOR AN EFFECTIVE DATE.
(Adopts official City slogan)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED CONTRACT
FOR PROFESSIONAL LEGISLATIVE RELATIONS AND
LOBBYING SERVICES BETWEEN THE CITY OF
6
NOVEMBER 5, 1996
AVENTURA AND RONALD L. BOOK, ESQ. AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes execution of Agreement to assist the City in
lobbying efforts with the State Legislature and governmental
agencies)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ADJUSTING THE 1995/96
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Final budget adjustment F/Y 1995/96 in the amount of
$21,000)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF
NABORS, GIBLIN & NICKERSON, P.A. TO SERVE AS
BOND COUNSEL; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT; AGREEING TO
THE SCOPE OF SERVICES AND FEES CONTAINED IN
SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes execution of agreement for bond counsel services
required for City financing projects)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED CONTRACT
FOR PURCHASE AND SALE OF REAL PROPERTY BY AND
BETWEEN THE CITY OF AVENTURA AND LOLA THOMAS,
TRUSTEE; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Contract for purchase of
3.5 acres on the S. W. corner of Country Club Drive and
William Lehman Causeway for $2.9 million)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
DESIGNATING THE CITY COUNCIL AS THE LOCAL
7
NOVEMBER 5, 1996
PLANNING AGENCY FOR THE CITY OF AVENTURA;
PROVIDING FOR TRANSMITTAL; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING A REQUIREMENT FOR ALL BUILDING
CONTRACTORS CONDUCTING BUSINESS WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA
TO REGISTER WITH THE CITY; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
Em
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE
FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR
IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT
FEE COMPUTATION FORMULA; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPACT FEE
EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF
IMPACT FEE FUND; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
MOTION TO APPROVE LEASE PROPOSAL FOR POLICE
DEPARTMENT AT AVENTURA SHOPPING CENTER 2960
AVENTURA BOULEVARD IN ACCORDANCE WITH CITY
MANAGER'S RECOMENDATION.
PUBLIC HEARINGS: ORDINANCE - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
8
10.
11.
12.
13.
14.
NOVEMBER 5, 1996
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
RESOLUTIONS: NONE
OTHER BUSINESS:
DISCUSSION AND POSSIBLE
PROCEDURES FOR ISSUANCE
(CouncilmemberCohen)
MOTION TO DEVELOP
OF PROCLAMATIONS
REPORTS:
· MAYORAND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
PUBLIC COMMENTS
ADJOURNMENT
9
NOVEMBER 5, 1996
SCHEDULE OF FUTURE MEETINGS/EVENTS:
MONDAY, NOVEMBER 18, 1996 9AM
TUESDAY, NOVEMBER 19, 1996 7 PM
WORKSHOP MEETING*
COUNCIL MEETING
*Government Center, 2999 NE 191 st Street Suite 500, Aventura, Florida
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,
466-8901, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council 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, 2999 NE 191 st
Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the
City Clerk at 466-8901.
10
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, City~.aT~r
Jaye M. Epstein, AICP,'D~or of Community Development
October 21, 1996
Request of Aventura Acquisition Corp. for Council Approval of
a Landscape Plan Required as an Element of a Previously
Approved Non-Use Variance Petition
November 5, 1996 City Council Meeting Agenda Item
Recommendation
Staff recommends that the Council approve the submitted landscape plan as in
compliance with the previously granted approvals.
Description / BackRround
At the City Council meeting of April 30, 1996, the Council granted approval to
certain non-use variance regarding signage for the Aventura Corporate Center.
As a condition of this approval, the Council required that a landscape plan be
submitted for their acceptance. In order to satisfy this requirement, the attached
landscape plan has been submitted. The attached plan indicates the addition of
316 shrubs (variegated ginger and wax jasmine) and 458 ground cover plants
(purple queen). Also, included are three (3) triple head Pigmy Date Palms.
The proposed landscaping is consistent with that which is currently on the site.
Additionally, the proposed package should provide adequate foliage around the
bases of the previously approved signs.
Attachment: Landscape Plan
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Council
Eric M. Soroka, City,/~//j~na~er
Joa(:Yt ~1:~ i ~ it~i~'6ArO~tOr of COmmunity DevelOpment
Request of Town Tavern of Aventura, Inc. and Hooters of
Aventura Inc. for Council Approval of a Landscape Plan
Required as an Element of a Previously Approved Unusual Use
(Outdoor Dining) Petition
November 5, 1996 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council approve the submitted landscape plan to
be in compliance with the previously granted approvals.
Description / Back.qround
At the present time, renovations are underway to convert the former Soup
Exchange to a Hooter's/Marino's. The property is generally located at the
intersection of Ives Dairy Road and Biscayne Boulevard, within the existing
shopping center. On June 18, 1996 the City Council approved three (3)
development actions relative to the aforementioned. The Council approved two
(2) Special Exceptions and an Unusual Use. In granting approval, the Council
placed a condition upon these actions that a landscape plan for the restaurant
be brought back to the Council for approval. To that end, the staff has been
working with the developer to bring such a plan back for Council action.
The landscape plan contains the following components:
1. Relocation of 11 existing Black Olive trees to within the same shopping
center.
2. Relocation of 11 existing Queen Palms to locations around this restaurant.
3. Provision of a continuous Cocoplum hedge adjacent to the vehicular use
areas fronting to Ives Dairy Road and Biscayne Boulevard.
4. An overall augmentation of the existing landscaping package provided at this
site.
The landscape plan as submitted provides for increased visibility into the center
to better view the restaurant, additionally the landscaping around the building
footprint is being enhanced to provide a more pleasing environment for the
public, as well as, their customers. The challenges presented by the pending
grade separated intersection at the location should be considered in approving
this plan. This highway improvement was kept in mind, in terms of the staffs
support for the relocation of the Black Olive trees. The relocation of these
perimeter trees will offer improved visibility into the center. However, the
additional landscaping around the building will offer a more pleasing view at this
prominent corner.
JME/pr
Attach me nts
B. TURNBERRY COUNTRY CLUB 96-7-ACC-1
(Applicant)
Property Owner (if different from applicant) Same.
Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning request? Yes
[] No []
Disclosure of interest form attached? Yes [] No []
Previous Zonin~ Hearings on the Property:
Year Applicant Request Board Decision
1968 Phelan Appeal of an Admin. Dec. ZAB Approved
1969 Donarl Various Z/C CC Approved
1970 Donarl' RU4A to BU-2 CC Approved
1970 Donarl S.E. for residential use in BU zone. ZAB Approved
1971 Donarl Modify previous resolution. ZAB Approved
1972 Donarl Modify prewous resolution. ZAB Approved
1973 Donarl Modify prewous resolution. ZAB Approved
1974 Donarl Modify previous resolution. ZAB Approved
1977 Aventura' Modify prewous resolution. ZAB Approved
1987 Turnberry Country Club Modify prexaous resolution. ZAB Approved
1989 Turnberry Country Club Modify prewous resolution. CC Approved
Action taken today does not constitute a final development order, and one or more concurrency determinations will
subsequently be required. Provisional determinations or listings of needed facilities made in association with this
Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or
Final Development Order on any grounds.
BACKGROUND INFORMATION
ENFORCEMENT HISTORY
Tumberry Country Club
19999 West Country Club Dr.
Dade County, Florida
APPLICANT
ADDRESS
November 5, 1996
95-660
DATE
CURRENT ENFORCEMENT:
NO CURRENT ENFORCEMENT ACTION.
HEARING NO.
THE FOLLOWING HEARING WAS DEFERRED & REVISED FROM 7/16/96 TO THIS DATE:
HEARING NO. 96-7-ACC-1 (95-660)
34-51-42
APPLICANT: TURNBERRY COUNTRY CLUB
(l)
MODIFICATION of plans approved pursuant to Resolution 4-ZAB-253-77, passed and adopted by
the Zoning Appeals Board on the I lth day of July, 1977 and last modified bv Resolution Z-5-8~.
passed and adopted by the Board of Cotmty Commissioners on the 13th day of bebruarv. 1989, said
plan identified as follows: '
FROM: "'Renovations to Tumberry Isle Country. Club,' as prepared by Nichols Partnership.
consisting of 4 sheets and dated received 12-13-88 and 'Survey,' as prepared by Manuel
G.Vera and Assoc., Inc., dated received 12-13-88, consisting of 2 sheets."
TO: "'Turnberry Isle Resort & Country Club - Site Developmem Plan," dated received Max, 24.
1996, consisting of 2 sheets and a plan entitled 'Tumberry Isle_Resort & Country Club.;
dated received _Dec. 7, 1995, consisting of 6 sheets; all prepared by Brosch-Sandoval g-
Assoc., Inc."
The purpose of this request is to permit the submittal of new plans showing revisions to the exis~
country club with an increase of 128 units in the proposed hotel.
(2) NON-USE VAR/ANCE OF PARKING REQUIREMENTS to permit 800 parking spaces (1,085
parking spaces reequired).
(3) UNUSUAL USE to permit outdoor dining.
(4) MODIFICATION of a portion of Condition #2 of Resolution Z-50-69, passed and adopted by the
Board of County Commissioners on the 20th day of February, 1969 and last modified by Resolution
Z-5-89, passed and adopted by the Board of Count5' Cormmssioners on the 13th day of February.
1989 only as it applies to the subject property: ' '
FROM: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
Permitted Uses:
Principal: Clubs and Hotel
Minimum Lot Asea:
Minimum Lot Frontage:
Minimum Setbacks:
Accessory: BU-2
100,000 sq. ff.
200 ft.
Front~
Side:
Rear:
Interior:
Adjoining RU use:
25 fi.
20 f.
Oft.
Oft.
None
CONTINUED ON PAGE TWO
HEARING NO. 96-7-ACC-I (95-660)
34-51-42
APPLICANT: TURNBERRY COUNTRY CLUB
Minimum Distance
bchveen buildings:
Maximum Height of Buildings:
PAGE TWO
Oft,
7 Stories or 92.33 ft.
(Sec. 33-57 and 33758 do not apply)
MaXtmum Floor Area Ratio:
5to I
Parking Requirements:
Sec. 33-124 shall apply.
TO: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
Permitted Uses:
Minimum Lot Area:
Minimum Lot Frontage:
Principal: Clubs and Hotel
Accessory: BU-2
100,000 sq. ff.
200 ff.
Minimum Setbacks:
Front:
Side: 1~0 ffLj
Interior: 0 ft.
Adjoining RU use: None
Minimum Distance
between buildings:
Maximum Height of Buildings:
Maximum FloorAreaRatio:
Oft.
/'(Sec. 33-57 and 33-58 do not al~ply)
5tol
Parking Requirements: Sec. 33-124 shall apply.
The purpose of the above request is to permit the proposed hotel with a greater height and a reduced
setback than allowed by the criteria book.
REQUESTS # 1-4 ON EXHIBIT "A".
CONTINUED ON PAGE THREE
HEARING NO. 96-7-ACC-1 (95-660)
APPLICANT: TURNBERRY COUNTRY CLUB
(5) NON-USE VARIANCE OF PARKING REGULATIONS reqmring
by 18' long; to vary same to permit certain spaces to be 7.5' wide by 15' long.
REQUEST//5 ON EXHIBIT "B".
The aforementioned plans are on file and may be examined in the Zoning Department.
modified at public hearing.
SUBJECT PROPERTY: EXHIBIT "A": AVENTURA, t0th ADDITION, Plat book 136, Page 92.
AND:
EXHIBIT "B": A portion of Tract "E", AVENTURA SECOND ADDITION, Plat book 99, Page 21,
being more particularly described as follows:
Begin at the Southwest comer of said Tract "E"; thence along the S/ly & E/ly boundary of said Tract "E"
for the next two courses; thence N87°19'28"E for 266'; thence N2°40'32"W for 645.01'; thence
S87°19'28"W for 266' to a point on the W/ly boundary of said Tract "E"; thence S2°40'32"E along the
W/ly boundary of said Tract "E" for 645.01' to the Point of begh'ming.
LOCATION: 19999 W. Country Club Drive, Aventura, Florida.
SIZE OF PROPERTY: 19 Acres
PRESENT ZONING: BU-2 (Business - Special)
34-51-42
PAGE THREE
parking spaces to be 8.5' x~sde
Plans may be
AGENDA ITEM B
HEARING NO.: 96-7-ACC-1
HEARING DATE: 11/5/96
PH #: Z95000660
O
O
CITY OF AVENTURA
ZONING SUMMARY
EXISTING ZONING AND LAND USE:
Subject property_: BU-2; Turnberry Resort and Country Club
Surrounding property:
North:
East:
South:
West:
GU; golf course
GU; golf course
GU; golf course
BU-2; parking lot
Size of property: 15 Acres.
SUMMARY:
This application was deferred from the July 16, 1996 meeting of the Aventura City
Council at the request of the applicant in order to meet with neighbors and was deferred
again from the August 20, 1996 and October 2, 1996 meetings in order afford the
applicant an opportunity to meet with neighbors and- subm/t- revised ptans: The applicant
has met with neighbors and have submitted revised plans reflecting a 93.84' high, seven
story hotel building setback between 25' to 40' from the interior side (north) property line
in lieu of the previously requested 11 story hotel setback 10' from the property line. The
revised plans also reflect a proposed second story to an existing accessory building (pro
shop). The requested amount of hotel rooms (128) and the balance of the application
remains unchanged.
The subject property is zoned BU-2; Special Business District and is located at 19999
West Country Club Drive. The applicant is seeking modification of a portion of a
condition and modification of plans previously approved at public hearing in order to
expand the existing country club by replacing 70 previously proposed two-story villas with
a 128 unit 7 story hotel and to add a second story to the existing pro shop. Also
requested are companion non-use variances of parking to permit 285 less parking spaces
than is required, to permit certain parking spaces to be smaller in size than required and an
unusual use to permit outdoor dining. The total number of units approved by previous
resolutions is 342, and the proposed modifications will result in a total of 400 units
ZONING EVALUATION
AGENDA ITEM B
HEARING NO.: 96-7-ACC- 1
HEARING DATE: 11/5/96
PAGE TWO
(272 existing and 128 proposed), for a net increase of 58 units over the number previously
approved.
Staff supports, this application, as modified, subject to additional conditions. The
proposed modifications include a revision of approved plans to replace 70 previously
proposed two-story villas with a 128 unit 7 story hotel located on the northeasterly
portion of the site. Said expansion results in an increase of 128 units, 58 more units than
previously approved. The revised site plan for the proposed hotel now meets the side
setback requirements permitted by the Criteria Book and the seven story, 93.84' high hotel
only slightly exceeds the seven story, 93.33' height permitted by the Criteria Book. Saff
offers no objection to the requested modifications to replace the previously requested
villas with the hotel as the style of the hotel is compatible with the two existing hotels on
the site. Staff also supports the proposed second story to the existing pro shop as the
building is located internally to the country club site and will therefore not impact the
surrounding area.
Although the Public Works Department objects to the application as it pertains to the
parking variances to permit 285 fewer than permitted parking spaces and the continued
use of compact parking spaces, staff feels that special circumstances exist with this
application that merit special consideration of this request. The uses at the country club,
including the golf course are private and for the most part are not open to the public. The
overall required parking is computed based upon each individual use in the hotel and
country club, however, staff has taken into consideration that the use of the facilities often
involves duplication of use by the same people. Also, events at the club with outside
guests often occur during evening hours when the golf course is closed, thereby freeing up
additional parking for these events. Further, the applicants indicate that parking will not
pose any parking problems since many of the hotel guests arrive by limo, taxi or other
forms of public transportation and the dining facility in the tower will not attract outside
business since it is available only to members of the club. However, to minimize any
impact on the surrounding area, staff recommends that in the event that these variances
are approved, certain conditions shall be imposed, namely that the Certificate of Use and
Occupancy for the proposed hotel be renewable annually so that the Department can
monitor the parking situation, and that in the event that the Department determines that
the lack of required parking becomes detrimental to the surrounding area, the site shall be
required to comply with minimum parking standards. In this event, parking remedies
available to the applicant include increasing the size or the or number of levels of the
parking garage or providing parking within 300' of the subject property with a cross
parking agreement in accordance with Section 33-128 of the Zoning Code. Staff has no
ZONING EVALUATION
AGENDA ITEM B
HEARING NO.: 96-7-ACC- 1
HEARING DATE: 11/5/96
PAGE THREE
objection to approval of request #5 to permit the continued use of compact parking spaces
and feels that it will not be particularly detrimental to the area since the existing 45
compact parking spaces are located in the lot across West Country Club Drive, which is
used primarily for overflow parking.
Staff feels that request #3 for an unusual use to permit outdoor dining is acceptable,
subject to certain conditions, as the site plan submitted as part of this hearing reflects an
outdoor dining area which is located internally within the site and oriented towards the
Turnberry golf course which will not be impacted by the reduced setback. It will also
allow patrons to enjoy the outdoors in an environment which is compatible with the design
of the hotel building. Additionally, the proposed development meets the LOS standards
set forth in the CDMP for potable water supply, wastewater disposal and flood protection,
subject to compliance with the conditions stipulated by DERM. Overall, when
considering the necessity for and reasonableness of the variance requests in relation to the
present and future development of the area concerned and the compatibility of the applied
for variance requests with such area and its development, staff feels that the approval of
this application, subject to the modification and additional conditions enumerated herein,
will not have an unfavorable effect on the surrounding community.
RECOMMENDATION:
Modified approval of request #1 to accept the revised plans entitled "Turnberry Isle
~ Resort and Club, dated October 10, 1996, consisting of five (5) sheets, modified approval
of request #4 to permit a seven story hotel with a maximum height of 93.84', and approval
1.~frequests #2, 3 and 5, subject to additional conditions. ONDITIONS:
Tha~the ~nts obtain a Certificate of Use and Occupancy from, and promptly renew
the same annually with the Department, upon compliance with all terms and conditions,
the same subject to cancellation upon violation of any of the condition.s. ' ~ ~. ~
2. In the event that the Directorfdelermines that lack of required parking-'l~ecomes
detrimental to the surrounding area, the site shall be required to comply with minimum
parking standards. ~
ZON/NG EVALUATION
AGENDA ITEM B
HEARING NO.: 96-7-ACC-1
HEARING DATE: 11/5/96
PAGE FOUR
That the outdoor patio dining use be operated solely as an accessory use to the restaurant,
and if the restaurant use is ter,~nated., the outdoor' patio dining use will au~tomatically
That the operating hours for the outdoor patio dining use not extend beyond those for the
restaurant.
That the use of outdoor loudspeakers shall be prohibited on the outdoor patio dining area.
DATE INSPECTED: 5/10/96
DATE TYPED: 8/9/96
DATE REVISED: 10/25/96
DATE FINALIZED: 11/1/96
RGV:DO'QW:AJT:NEH
Reinaldo G. Villar, Acting Assistant Director
Zoning and Permitting Division
Metropolitan Dade County Department of
Planning, Development and Regulation
This item has been reviewed and approved for consistency with the standards of Ordinance
#89-66, adopted on July H, 1989, which established Dade County's Concurrency Management
Program.
Action taken today does not constitute a final development order, and one or more concurrency
determinations will subsequently be required. Provisional determinations or listings of needed
facilities made in association with this Initial Development Order shall not be binding with regard
to future decisions to approve or deny an Intermediate or Final Development Order on any
grounds.
PH:95-660
~4~rmOPOLITAN DADE COUNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION
RECOMMENDATION TO 'J_'.ff~; AVEN'~'u~A CITY COUNCIL
APPLICANT Turnberry Country Club
SECTION 34-51-42
COmmISSION DISTRICT 4
DATR: July 16, 1996
ZAB~tEARING IT]~4NO.96-7-ACC-1
GENERAL INFORMATION
REQUEST
1.
PURPOSE
Modification of a previously approved site plan.
Non-Use Variance of Parking Requirements to permit 800 parking
spaces (1085 parking spaces required).
Unusual Use to permit outdoor dining.
Modification of the Aventura Criteria Book.
Non-Use Variance of Parking Regulations requiring parking spaces
to be 8.5' wide by 18' long; to vary same to permit certain
spaces to be 7.5' wide by 15' lone.
To permit an additional 128 quest rooms in conjunction with an
existing 272 guest room hotel for a total of 400 rooms.
LOCATION 19999 West Country Club Drive
EXISTING ZONING ~-ND ~ USE
SUBJECT PROPERTS[ BU-2, Turnberry Country Club .
SURROUNDING PROPERTY
NORTH
SOUTH
EAST
WEST
BU-2, Tur~-berry Country Club
BU-2, Turnberry Country Club
BU-2, Turnberry Cou/%try Club
BU-2, Turnberry Country Club.
SIZE 19 acres
COMPRKHK~SI~]~ DEVELOPMENT MAS'r~K PLAN and/or SPECIAL
The Adopted 2000 and 2010 Land Use Plan designates the
for parks and recreation.
subject property
Pd~CO~4ENDATION
APPROVAL WITH ONE CONDITION
Turnberry Country Club -2- PH: 95-660
SECTION 34-51-42 ' %~¢~ July 16, 1996
ZAB HEARING ITEM NO. 96-7-ACC-1 ~ ~
NDITIONS/ ~ ~
~ That /he applicants submit to the P~vision for its review and
~ appr/val a landscaping plan which indicates the type and size of plant
~ ma/~.erial prior to the issuance of a building permit and to be installed
~prior to
issuance of any certificate of occupancy.
ANALYSIS
The subject application would permit an increase of 128 additional hotel
rooms in conjunction with the existing hotel located within the 19-acre
Turnberry Co%~ntry Club. This is an all inclusive hotel resort which has
multiple amenities such as a tennis club, golf course, country club,
restaurant, pool and the like. The site is zoned commercial (BU-2) and is
designated for Parks and Recreation on the 2000 and 2010 Land Use Plan
map. The request is consistent with Dade County's Master Plan.
The additional 128 rooms will bring the total number of rooms provided on
this site for hotel use to 400. The proposed hotel will be 10-stories in
height and will be located on the west side of the property, adjacent to
the existing club and to the tennis courts. There is a 26-story
condominium tower located to the north, with a golf course and a proposed
26-story condominium to the south. The hotel will be located interior to
the property. The additional units triggers a parking variance of
200-plus parking spaces. There are currently 800 parking spaces which
conform to the original parking requirements. The current off-street
parking requirements are more stringent and do not allow for compact
parking spaces (7.5' wide by 15' deep). Request #5 of this application
would permit the continued use of the aforementioned compact parking
spaces. Staff recommends approval of the required parking variance.
Although this variance might appear somewhat excessive, the variance is
off-set by the use of the site. One who visits this resort will stay at
the hotel, utilize the golf course and tennis complex and eat at the
restaurant, all of which parking is calculated on an individual use basis.
As a result, you have one party (car) utilizing four uses. The applicant
intends on abating the west parking lot located on the west side of West
Country Club Drive and construct a 3-level parking garage on the east lot.
Nevertheless, there is currently sufficient on-site parking to accommodate
this use. The requested unusual use to permit outdoor dining should
likewise be approved. This ubiquitous request is commonly requested in
conjunction with restaurants throughout Dade County, especially when
associated with resorts of this nature. Accordingly, the Planning
Division recommends approval of this application.
GEO:EES
DATE ~ED:6/14/96
DATE P~VISED:7/8/96
MEMORANDUM
FROM:
Re~naldo Villar DATE:
Assistant Director
Department of Planning, SUBJECT:
Development and Regulation
Alyce M. Robertson ~L~-
Assistant Director
Environmental Resources Management
20-MAR-1996
ZAB #Z95000660
TURNBERRY COUNTRY CLUB
19999 W. COUNTRY CLUB DR
Mod. of Resolution to increase the
proposed hotel (BU-2) (15 Ac)
34-51-42
DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of
Metropolitan Dade County, Florida. Accordingly, the application may
be scheduled for public hearing. DERM has also evaluated the request
insofar as the general environmental impact that may derive from it
and based upon the available information offers no objection to its
approval.
POTABLE WATER SUPPLY & WASTEWATER DISPOSAL
Public water and public sanitary sewers can be made available to this
property. Therefore, DERM will require connection to the public
water supply and public sanitary sewer systems.
Existing public water and sewer facilities and services meet the
Level of Service (LOS) standards set forth in the Comprehensive
Development Master Plan (CDMP). Furthermore, the proposed
development order, if approved, will not result in a reduction in the
LOS standards subject to compliance with the conditions required by
DERM for this proposed development order.
Notwithstanding the foregoing, in light of the fact that the County's
sanitary sewer system has limited sewer collection/transmission and
treatment capacity, no new sewer service connections can be permitted
.until adequate capacity becomes available. Consequently, final
development orders for this sitemay not be granted unless adequate
capacity in the sanitary sewer collection/transmission and treatment
system is available at the point in time when the project will be
contributing sewage to the system or if approval for alternative
means of sewage disposal can be obtained. Use of an alternative
means of sewage disposal shall be an interim measure, with connection
to the public sanitary sewer system required upon availability of
adequate collection/transmission and treatment capacity.
WATER MANAGEMENT
Ail stormwater runoff must be retained on-site utilizing properly
designed seepage or infiltration drainage structures. Oil and grease
separator~ shall be required on all drainage inlet structures. If
the project has greater than 40% impervious area, it will be required
that the first half inch of runoff be treated before excess runoff is
discharged into the aquifer.
Any proposed development shall comply With County a~d'Federal flood
criteria requirements. The p~oposed development order, if approved,
will not result in a reduction in the Leva! of Service standards for
flood protection set forth in the.Comprehensive Development Master
Plan subject to co~ ance with the conditions ~uired by DEFJ< for
this proposed development order.
TREE PRESERVATION
Section 24-60 of the Code requires the preservation of 5tee
resources. A Dade County tree removal permit is required pricr to
the removal or relocation of any trees. The applicant is advised
to contact DERM staff for permitting procedures and requir~:ents
prior to development of site and landscaping plans.
SOLID WASTE
The subject site does not appear to be within the boundaries of any
known former disposal site. However, this general area has been in
the past subject to unauthorized landfill. Accordingly,, the
development of this property will require conditional approval .from
the Hazardous Waste SectiQn, Solid Waste Disposal Program of DEkM at
the time of building permit. Said conditional approval permit ~ill
provide that the developer shall cease construction activities and
immediately notify DERM upon encountering areas of former solid waste
disposal.
COASTAL
A Class I permit for work in tidal waters will be required for any
proposed work on, over or upon tidal waters including but not li~Jued
to seawalls, mangrove trimming or removals, etc.
Furthermore, the following comments are also offered as they contain
Code requirements which are applicable to certain land uses permitted
in the underlying zoning classification.
FUEL STORAGE FACILITIES
Section 24-12.2 of the Code outlines regulations for'all proposed and
existing underground storage facilities. The regulations provide
design, permitting, installation, modification, repair, replacenm_nt
and continuing operation requirements and criteria. In addition,
monitoring devices, inventory control practices and pressure testing
of fuel storage tanks is required. The Storage Tank Section of PERM
should be contacted for permitting requirements in this regard if ~ny
fuel storage facilities are proposed.
HAZARDOUS MATERIALS MANAGEMENT
Due to the nature of uses allowed in the existing zoning
classification, the applicant may be required to obtain DERM approval
for management practices to control the potential discharge ~nd
spillage of pollutants associated with some land uses. The Hazardous
Facilities Section of DERM should be contacted for further
information on required management practices for certain land uses
permitted under the existing zoning classification.
OPERATING PERM. ITS
Section 2'4-35.1 of the Code authorizes DERM to require operating
permits for facilities that could be a source of pollution. The
applicant should be advised that the requested use of the subject
property may require an operating permit from.DERM. It is ther~fcre
Suggested that the applicant contact DERM concerning OPerating per---if
requirements.
CONCURRENCY REVIEW SUMMARY
The Department has ~onducted a concurren¢ review for this
· application and has ~termined that the same .... ets all applicable
Levels of Service standards for an initial development order, as
specified in the adopted Comprehensive Development Master Plan for'
potable water supply, wastewater disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the cor~ments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally,. this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In 'summary, the application meets the minimum requirements of .Chapter
24 of the Code and therefore, it may be scheduled for public hearing;
furthermore, this memorandum Shall constitute DERM's written consent
to that effect 'as required by the Code. Additionally, DERM has also
evaluated the application so as to determine its general
environmental impact and after reviewing the available information
offers no objections to the approval of the request.
cc: A1 Torres, Zoning Evaluation - PDR
Skip Scofield, Zoning Review - PDR
PUBLIC WORKS DEPARTMENT COMMEN~S
PH# 95- 6 6 0
Rev.
Aventura
City Council
Applicant's Name: Turnberry Country Club
This Department objects to the parking variance to reduce the ~,,m~er of parking stalls
to 800, 1085 required.
Denial of parking variance to per, it parking spaces to be 7.5' wide and 15' long.
Standard parking stalls are 8 1/2 feet by 18 feet.
Ramp slopes to parking garage ma~ not exceed 15%.
This application does meet the traffic concurrency criteria for an Initial Develo.u=Uent
Order. It will generate 97 P~dailypeakhour vehicle trips. The traffic distribuuhon
of these trips to the adjacent roadways reveal that the addition of these new ur!ps
does not exceed the acceptable level of service of the following roadways:
Existing Traffic
ATE 192nd St. e/o Hiscayne Blvd. has a maximum capacity of LO~ 'E' of 3110 vehicles
during the P.M. Peak Hour. It has a CUrrent Peak Hour Period (PHP) of 1649 vehicles
and 131~ vehicles have been assigned to this section of road from previously approved
Development Orders. NE 192nd St. ~w~i~h.its 2964 PHP and assigned vehicles is at I~DS
"H". The 85 vehicles generated byunls aevelopment when combinedwith the 2964 e_c-uais
3049 and LOS "B" where the range of "B# is 2211 to 3060 vehicles.
Collins Ave. n/eL ehman C~. has a maximum capacity of LOS 'E- ef 3190 vehicles during
the P.M. Peak Hour. It has a current Peak Hour Period (PHP} of 2638 vehicles and 174
vehicles have been
assigned to this section of road frc~ previously approved
Development Orders. Collins Ave. with its 2812 PHP and assigned vehicles is at LOS
~E'.. The 2 vehicles generated by this development when combined with the 2812 e~als
2B14 and LOS #E# where the range of LOS "E# is 1631 to 3190 vehicles. -
Collins Ave. n/e 172 St. has a maximum capacity of LOS #E' of &4~O vehicles during nhe
P.M. Peak Hour. It has a CUrren~ Peak Hour Period (PHP) of 3433 vehicles and 175
vehicles have been assigned to this section of road frDm previously approved
Development Orders. Collins Ave. with its 3608 PHP and assigned vehicles is at LOS
"B". The l0 vehicles generated by this development when combined with the 3608 equals
3618 and LOS #B" where the range of LOS #B" is ll01 to 6340 vehicles.
This application meets traffic concurrency criteria.
The request herein, constitutes an Initial Development Order only, and one or m~re
traffic concurrency determinations will subsequently be required before development
will be permitted.
There are 5 locations in Commissioner District $4 that are operating at 90% of capacity
or greater. Three locations as following: Biscayne Blvd. s/oNE 192 St., NE 186 St.,
e/o Wes= Dixie Hwy., and NE 192 St. e/o Biscayne Blvd. are Operating at 91.2%, 117 1%,
and 100.5% respectively. .
sell C. Kelly
JUN 0 3 1996
Date
If the property which is the subject of the application is owned cr lease
by a PARTNERSHIP or LIMITED PARTNERSHIp, list the principals of
partnership, including general and limited partners. [Note: where
partner(s) consist of another partnership(s), corporation(s) trust(s)
other similar entities, fur%her disclos%Lre shall be re_cuired whiz
discloses the identity of the individual(s) (natural persons) havino
ultima~e ownership interest in the aforementioned entity]. -
Turnberry Country Club, a Genera] Par~nnrship
PARTNERSHIP OR LIMITED PARTNERSHIP NAF~
NAM. E AND ADDRE~,~
Percentace of Owner~hi~
(see attached)
(see attached)
If there is a CONTRACT FOR P~RCHASE, whether contingent on this applicatic
or not, and whether a Corporation, Trustee, or Partnership, list th
names of the contract purchasers below, including the principal officer~
stockholders, beneficiaries, or pazT-ners. [~ote: where the principa
officers, stockholders, beneficiaries, or pal-~ners consist of anoth~
corporation, trust, partnership, or other similar en~ities, ~urth~
disclosure shall be required which discloses the identity of th
individual(s)' (natural persons) having the ultimate ownership interest ~
the aforementioned entity]. ~ -
NAME
NA-~-E, ADDRESS.AND OFFICE (if applicable)
Percentace of Interg~r
Date of con=ract~__
I£ any
list all
contingency clause or contract terms involve additional
individuals or officers, if a corporation, Partnership, or
For any changes of ownership or changes in contra6ts for purcha
subse.~uent to the date of the application, but prior to the date of fir
public hearing, a supplemental disclosUre of interest shall be filed.
The above is a full disclosure of al/ parties of interest in t!
application to the best of my knowledge and belief.
Signature: _~9' _e~_~
(APplicant_~ Jen~r~fv-
(SEAL)
* Disclosure shall not be required
Which are regularly traded on an
United States or other countr/;;
which are held in a licit'ed
separate interests
of a~y entity, the. eq,lity interest_=
established securities market in t
or of any entity, the OWnerhip interest_=
partnership consisting of more than 5 Of
and where, no one person or en~ity holds more than
_._=
TUrnl~erry I~le Re~ort & C~u~ ~-~ ~
Ownersl~lo Struc:urs
TurnDerry ISle Resorts& Clul~
TurnDerry Country Club,
General Partnership
IRa. fae/ Resor{ investors LP.
La FtorJda Umted Pannership
50%
Macro Capit~:;orporation,
a Rorida Corp.?.r~ion
25% General Partner
L a Rescrt Investora Limited
British Virgin Islands Corporation~
25% General Partner L
Macro Turnherry COrporation,
a Delaware Comp~aany_ ..~j
12.1044% Limited Partner
BIB Holdings (USA) II, Inc.,
a Delaware Company~
27.B188% Limited Partner
Macro Turnberry Corporation,.
a Delaware Company__
0.0768% Limited Partner
Resort Investors Limited
a British. Virgin Islands Corpora/ion
/ / t
BUILDING
~ I R U--4A
AVENTURA ~LVD-
~T G ~
FRACT
TRACT
U
OU
TR U
L'E~END
METROPOLITAN DADE COUNTY
A. CI][ABAD HOUSE OF NORTH DADE, INC. 96-10-ACC-2
(Applicant) District 4
Property_ Owner (if different from applicant) Same.
Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning request'?
[] No []
Disclosure of interest form attached? Yes [] No []
Previous Zoning Hearings on the Property:
Year Applicant
1990 Congregation Ahavas Yisroel Chabad
Request Board Decision
S.E. for a house of worship; ZAB
NUV for a temp. trailer, setbacks
parking, lot area, & bldg. height.
1995 Congregation Ahavas Yisroel Chabad
S.E. for a religious facility;
NUV for lot area, parking,
setbacks, lot coverage &
height requirements.
Appr. honse of
worship, temp.
trailer; setbacks
parking & lot area.
Action taken today does not constitute a final development order, and one or more concurrency determinations will
subsequently be required. Provisional determinations or listings of needed facilities made in association with this
Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or
Final Development Order on any grounds.
Yes
ZAB Approved
TEAM METRO
NORTHEAST OFFICE
ENFORCEMENT HISTORY
Chabad House of No. Dade lng,
APPLICANT
21001 Biscayne Boulevard,
Dade Coun _ty. Flori~i~
LOCATION
November 5, 1996
DATE
96-281
HEARING NUMBER
CURRENTENFORCEMENT;
NO ENFORCEMENT HISTORY
HEARING NO. 96-10-ACC-2 (96-281)
APPLICANT: CHABAD HOUSE OF NORTH DADE,/Nc.
(1)
34-51-42
District 4
MODIFICATION of Condition #2 of Resolution 5-ZAB-470-95, passed and adopted by the Zoning
Appea/s Board on the 6th day of December, 1995, reading as follows:
FROM: "2. That in the approval of the plan, the same be substantially in accordance with that
submitted for the hearing ~utlded 'Chabad House of North Dade,' as prepared by
Arkidesign, Inc., comisting of 3 she~s, Sheet #1 d~*~ 11-7-94, Sheets #2 & 3, dated
11-8-94, 'Land Survey,' as prepared by Boggs, Htm:hison & Assoc., Inc., dated
11-1-94."
TO: "2. That in the approval of the plan, the same be substantially in accordance with that
submitted for the hearing eutliled 'Land Surve~y~' as prepared~bby_.Bog~s-Hutchison &
Assoc. Inc.~ dated ~ 12.6.9~,, 'C~-~ House of North Dade,' as prepared by
Ark/design, Inc., consisting of four sheets, dated 11-7-94, 'Site Plan ' ' as rared b
Witkin Desi Grou -- -~two sheets and dated 4-10-96."
The purpose of the request is to allow the applicant to submit a plan showing thc expansion of the
previously approved religious facility.
(2) SPECIAL EXCEPTION to permit the expansion of the previously approved rehgious facility omo
adjacem property.
(3) NON-USE VARIANCE OF BUILDENG HEIGHT REQUIREMENTS to permit the proposed
religious facility with a buff ' h ' o ' ' ·
ding eight f36 (35 mammumpermittod).
(4) NON-USE VARIANCE OF LOT AREA AND LOT FRONTAGE REQUIREMENTS to permit the
proposed religious facility on a parcel of land with an area of 1.14 (2.5 acres minirntan reqmred)
(.52 acre previously approved) and a lot frontage of 80.85' acres
(150' ml-/mum required).
(5) NON-USE VARIANCE OF PARKING REGULATIONS to permit park/nE areas wighin 25' of the
official r/ght-of-way of N.E. 30 Avenue (not pemilled).
(6) NON-USE VARIANCE OF PARKING REQUIREMENTS to perrn/t a total of 66 parking spaces
(82 reqmred).
(7) NON-USE VARIANCE OF SEIBACK REQUIREMENTS to permit the proposed rehgious facil/ty
to setback 1' !50' requ~ed) f~om the imerior side (north) property Line and setback varying fxom 5' to
5'2" (25' reqmred) from the s~de slxeet (south) property line (N.E. 210 Street).
(8) NON-USE VARIANCE OF
be 0, to ~mve same to permit 30' (35' required) along the west side of N.E 30 Avenue of the subject
7 '- ' ZONING REGULATIONS reqmring a half section line right-of-way to
property.
CONT~rI~ED ON PAGE TWO
HEARING NO. 96-10-ACC-2 (96-281)
APPLICANT: CHABAD HOUSE OF NORTH DADE, INC.
The aforementioned plans are on file and may be examined m the Zoning Department.
modified at public heanng.
34-51-42
District 4
PAGE TWO
Plans may be
SUBJECT PROPERTY: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11, Block I of HALLANDALE PARK NO.
11, Plat book 27, Page 39 together with a 25 strip of land being a portion of Tract "A" of DONN ACRES,
Plat book 76, Page 30, being more particularly bounded as follows:
Bounded on the south by the north line of Block I of said HALLANDALE PARK NO. 11 and its W/lv
extension; bounded on ~ north by a line 25' north of and para/lei with the north line of said Block l';
bounded on the east by the N/ly extension of the east line of Lot I of said Block 1; and bounded on the west
by the N/ly extension of a line 25' west of and parallel with the WHy line of Lot 11 of said Block 1.
LOCATION: 21001 Biscayne Boulevard, Dade County, Florida.
SIZE OF PROPERTY: 1.14 Acres
PRESENT ZONING: RU-3 (Four Unit Apartmem)
RU-2 (Two Family Residential)
AGENDA ITEM A
HEARING NO.: 96- t O-AC C-2
HEARING DATE: 11/5/96
PH #: Z96000281
CITY OF AVENTURA
ZONING SUMMARY
EXISTING ZONING AND LAND USE:
Subject property: RU-2 & RU-3; house of worship & vacant
Surrounding property:
North: BU-1A; undeveloped
East: RU-2; undeveloped
South: BU-1A & RU-2; funeral home & vacant
West: BU-1A; Biscayne Boulevard & medical office building
Size of property: 1.14 acres
SUMMARY:
This application was deferred from the October 2, 1996 meeting of the Aventura City
Council. The subject property is a i. 14 acre parcel in the RU-2, Two-Family Residential
District and the RU-3, Four Unit Apartment House District in Northeast Dade County
and is partially developed with a house of worship and is partially vacant. The 2000-2010
Comprehensive Development Master Plan (CDMP) designates the subject property for
Business and Office uses on the Land Use Plan (LUP) map. This application seeks to
modify a condition of a previously approved Resolution for the purpose of allowing the
applicant to submit new plans indicating the expansion of the previously approved
religious facility. A special exception is sought to permit the aforementioned expansion
of this facility onto adjacent property and non-use variances seek to permit a building
height of 36' (35' permitted), a land area of 1.14 acres (2.5 acres required) ( 0.52 acre
previously approved) and a lot frontage of 80.85' (150' required). Additional non-use
variances are requested to permit parking areas within 25' of the official right-of-way of
N.E. 30 Avenue (not permitted), a total of 66 parking spaces (82 required), a setback of 1'
(50' required) from the interior side (north) property line, a setback varying from 5' to 5'2"
(25' required) from the side street (south) property line (N.E. 210 Street), and to permit a
right-of-way of 30' (35' required) for the west side of a half section line road (N.E. 30
Avenue).
ZONING EVALUATION
AGENDA ITEM A
HEARING NO.: 96-10-ACC-2
HEARING DATE: 11/5/96
PAGE TWO
On December 6, ! 996 the Zoning Appeals Board approved variances to permit a religious
facility with a lot area of 0.52 acres (2.5 acres required) and a total of 27 parking spaces.
(132 required). Additional variances were approved to permit 0' setbacks from the front
(south) and rear (north) property lines and a 46'7" (50' required) setback from the interior
side (west) property line, a lot coverage of 45% (30% permitted, and a height of 40' (35'
permitted). The applicants have since purchased the 4 abutting lots to the east and a
narrow strip of land to the north, increasing the size of the subject property from 0.52 acre
to 1.14 acres. The submitted plans indicate a one story temple and chapel with a gross
building lot coverage of 10,348.14 square feet. The additionally purchased easterly lots
will be utilized as a parking lot. The variance to permit a height for the proposed temple
building which will be only 1 foot above the permitted height is minor and should have
no adverse impact on the surrounding area. The proposed 80.85' of frontage is
necessitated because of the narrow, east/west triangular shape of the subject property,
which would be unusable without this variance. The variance of lot area is supportable,
noting that the size of the subject property has more than doubled since the previous
approval to permit a religious facility on this site. Staff has no objection to parking within
25' of the official right-of-way of N.E. 30 Avenue and the provision of 80% of the
required number of parking spaces is substantial increase over the previously approved
provision of 20% of the required number of parking spaces. This religious facility can
easily function with fewer than the required number of parking spaces since it is
traditional for its members to walk to services. The setback variances are supportable,
noting that setbacks from the north and south property lines are greater than the 0'
setbacks from same which were previously approved. An undeveloped BU-1A, Limited
Business District parcel is to the north and a funeral home is to the south. The Public
Works Department is requiring a turnaround for the northerly parking stalls and an
improvement agreement for the furore construction of N.E. 210 Street. Said Department
does not object to the request to provide 30' along the west side of N.E. 30 Avenue and
staff, therefore, supports this variance. The trailer approval for this property expired on
October 23, 1993 and trailers are still on the property, even though condition #5 of
Resolution 5-ZAB-470-95 stated, "That no trailers, tents or similar structures and no
temporary use of any type shall be permitted on the premises". The continued use of
trailers cannot be considered since a request for same is not included in this application.
Staff notes that all conditions of Resolution 5-ZAB-470-95 will remain in full force and
effect as herein modified.
o RECOMMENDATION: Approval with conditions.
ZONING EVALUATION
AGENDA ITEM A
HEARING NO.: 96-10-ACC-2
HEARING DATE: 11/5/96
PAGE THREE
o C~-Q-NDITIONS..
That in the approval of the plan, the same be substantially in accordance with that
submitted for the hearing entitled "Land Survey," as prepared by Boggs-Hutchison &
Assoc., Inc., dated revised 12-6-95, "Chabad House of North Dade," as prepared by
Arkidesign, Inc., consisting of four sheets, dated 11-7~94, "Site Planting," as prepared
by Witkin Design Group, consisting of two sheets and dated 4-10-96, except as herein
modified to provide turnaronnd areas for the northerly parking spaces and to remove
all trailers from the property.
DATE INSPECTED:
DATE TYPED:
DATE REVISED:
DATE FINALIZED:
RGV:DO'QW:AJT:DBM
2 That the applicant submit to the Public Works Department an improvement
agreement for the future construction of N.E. 210 Street.
3. That all trailers be immediately removed from the property.
9/24/96
9/24/96; l 0/17/96
10/17/96
l~e~naldo G. ViIlar, Acting Assistan~-D~-rector
Zoning and Permitting Division
Metropolitan Dade County Department of
Planning, Development and Regulation
This item has been reviewed and approved for consistency with the standards of Ordinance
#89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management
Program.
Action taken today does not constitute a final development order, and one or more concurrency
determinations will subsequently be required. Provisional determinations or listings of needed
facilities made in association with this Initial Development Order shall not be binding with
regard to future decisions to approve or deny an Intermediate or Final Development Order on any
grounds.
PH:96-281
METROPOLITAN DADE COUNTY DEPANTMENT OF PLANNING, DEVELOPMENT AND R~U~ATION
P~ECO~9~qDATION TO 'r~u~ AVENTURA CITY COUNCIL
APPLICANT Chabad House of North Dade, Inc.
SECTION 34-51-42
COmmISSION DISTRICT 4
DATE: October 2, 1996
ACC HEARING ITEM NO.96-10-ACC-2
GENERAL INFORMATION
REQUEST
Modification of Condition #2 of Resolution #5-ZAB-470-95, passed
and adopted by the Zoning Appeals Board on the 6th Day of
December 1995.
Special Exception to permit the expansion of the previously
approved religious facility onto adjacent property.
Non-Use Variance of Building Height Requirements to permit the
proposed religious facility with a building height of 36' (35'
maximum permitted).
Non-Use Variance of Lot Area and Lot Frontage Requirements to
permit the proposed religious facility on a parcel of land with
an area of 1.14 acres (2.5 acres minimum required) (.52 acre
previously approved) and a lot frontage of 80.85' (150' minimum
required).
Non-Use Variance of Parking Regulations to permit parking areas
within 25' of the official right-of-way of N.E. 30 Avenue (not
permitted).
Non-Use Variance of Parking Requirements to permit a total of 66
parking spaces (82 required).
Non-Use Variance of Setback Requirements to permit the proposed
religious facility to setback 1' (50' required) from the
interior side (north) property line and setback varying from 5'
to 5'2" (25' required) from the side street (south) property
line (N.E. 210 Street).
Non-Use Variance of Zoning Regulations requiring a half section
line right-of-way to be 70'; to waive same to permit 30' (35'
required} along the west side of N.E. 30 Avenue to the subject
property.
PURPOSE To allow the applicants to submit a revised plan showing the
expansion of the previously approved religious facility.
2. P.C.T. BISCAYNE BLVD. PARTNERSHIP 96-I 1-ACC-2
(Applicant)
Property Owner (if different fi'om applicant) Same.
Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning
request? Yes [] No []
Disclosure of interest form attached? Yes [] No []
Previous Zonin~ Hearings on the Property:
Year
1984
1985
1990
Applicant
City National Bank of Mianfi
Big Splash of North Miami Beach
Apache Landing Restaurant
1991 PCT Biscayne Blvd. Parmership
Request Board
NUV for signs. ZAB
S.E. for spacing. ZAB
S.E. for a night club; U.U. for ZAB
outdoor patio service & bar;
S.E. for spacing for alcoholic
beverages; NUV for zon. regs.
Modif. of a prev. appr.
restriction of an agreement &
covenant.
ZAB
Decision
Approved
Approved
Denied NUV for
alcoholic bvgs.
in nightclubs on
Sundays;
Approved hal,
Approved
1992 PCT Biscayne Blvd. Partnership
S.E. for spacing for 3 restaurants ZAB
with a cocktail lounge;NUV of
zon. regs.
Approved
1992 PCTBiscayneBlvd. Partnership
Modif. ofprev, appr. plan; NUV ZAB
for signs & banners.
Appr. banners;
1993 PCT Biscayne Blvd. Partnership
Modif. ofprev, appr. restriction ZAB
of an Agreement & Covenant;
Modif. of a cond. ofa prev. appr.
resolution; NUV for parking &
zon. regs., U.U. for outdoor dining;
S.E for spacing.
Appr/conds.
Action taken today does not constitute a final development order, and one or more concUrrency determinations will
subsequently be required. Provisional determinations or listings of needed facilities made in association with this
Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or
Final Development Order on any grounds.
BACKGROUND INFORMATION
ENFORCEMENT HISTORY
PCT Biscayne Blvd., Ptnshp.
East side of Biscayne Blvd.,
between N.E. 1 St. & N.E.
191 Street
Dade County, Florida
APPLICANT
ADDRESS
November 5, 1996
96-203
DATE
CURRENT ENFORCEMENT:
NO CURRENT ENFORCEMENT ACTION.
HEARING NO.
HEARING NO. 96-11-ACC-I (96-203)
APPLICANT: P.C.T. BISCAYNE BOULEVARD PARTNERSHIp
3-52-42
(1)
MODIFICATION of Paragraph #2 of a modification of a covenant recorded in Official Record Book
12160, Pages 1508 - 1510, dated April 4, 1984, only as it applies to the subject property, reading as
follows:
FROM: "2. The property as described on the attached Exhibit "A" shall be developed in substantial
accordance with the site plan as prepared by Johnson Associates Architects, Inc. which
site plan is dated September 1, 1983, with revisions dated March 5, 1984."
TO: "2. The property as described on the attached Exhibit "A" shall be developed in substantial
accordance with the site plan as prepared by John R. Debello, Architect, which site pl.n is
dated 4-3-96~.'
(2)
MODIFICATION of Condition #2 of Resolution 4-ZAB-71-91, passed and adopted by the Zoning
Appeals Board on the 27th day of March, 1991, and further modified by Resolution 4-ZAB-156-92,
passed and adopted by the Zoning Appeals Board on the 29th day of April, 1992, and last modified by
4-ZAB-325-93, passed and adopted by the Zoning Appeals Board on the 29th day of September,
1993, reading as follows:
FROM: "2. That in the approval of the plan, the same be substantially in accordance with that
submitted for the hearing entitled 'Loehmann's Fashion Island,' as prepared by R.T.K.L.
Associates, Inc., dated last revised 4-6-93; and 'Liquor Survey for Loehmann's Fashion
Island,' as prepared by James Beadman & Assoc., Inc., dated June 16, 1993."
TO: "2. That in the approval of the plan, the same be substantially in accordance with that
submitted for the hearing entitled 'Loehmann's Fashion Island,' as prepared by John R~
Debel~ Archit~ect, dated last revise~d 4-3-96. Landscaping Plans consistin of 3 shceL,s
'Loehmann's Fashion Isl~ared by John R Debello Architec dated
,mr,. ocoetlo Arcmtect 7-11-96~
an~d 'Liquor Survey for 18829 Biscayne Blvd.,' as~p~re_pared b~J~es Beadman ~ssoc.~
~ Inc. dated 6/21/96."
~ , The purpose of this request is to allow the applicant to submit new plans showing the proposed expansion.
~g)-__~_NON-USE VARIANCE OF LANDSCAPED OPEN SPACE requirements to permit the proposed
~ l~dscaped open space area of 12.02% (13.5% required).
~'~ ~(-4) ~ NON-USE VARIANCE OF PARKING REQUIREMENTS to permit 1,909 parking spaces (1,930
:,,~ parking spaces required) previously approved 1,398 parking spaces (1,567 parldng spaces required).
(5) SPECIAL EXCEPTION of spacing requirements as applied to alcoholic beverage uses to permit a
wine bar & cigar store to be spaced less than the required 1,500' from other existing alcoholic
beverage uses and spaced less than 2,500' from a school and religious facility.
The aforementioned plans are on file and may be examined in the Zoning Department. Plans may be
modified at public hearing.
CONTINUED ON PAGE TWO
HEARING NO. 96-11-ACC-1 (96-203) 3-52-42
APPLICANT: P.C.T. BISCAYNE BOULEVARD PARTNERSHIP
PAGE TWO
SUBJECT PROPERTY: Tracts "A", "B", & "C", REGINA SQUARE SUBDMSION, Plat book 113,
Page 27, less that portion of Tract "A" shown as Waiver of Plat D-14317, being more particularly
described as follows:
A portion of Tract "A", REGINA SQUARE SUBDMSION, Plat book 1 !3, Page 27, being more
particularly described as follows: Be~n at the Northwest comer of said Tract A; thence mn S89°49'44"E,
along the north line of said Tract A, for a distance of 223.65' to a point; thence run S0°45'38"E for a
distance of 348.36' to a point on the south line of said Tract A; thence nm N89°56'45"W, along the south
line of said Tract A, for a distance of 73.5' to a point; thence nm N0°45'38"W, along the west line of said
Tract A, for a distance of 133.51' to a point; thence nm N89°49'44"W, along a south line of said Tract A,
for a distance of 75.14' to a point; thence run N0°45'38"W, along a ~vest line of said Tract A, for a distance
of 50' to a point; thence nm N89°49'44"W, along a south line of said Tract A, for a distance of 75' to a
point; thence mn N89°49'44"W, along a south line of said Tract A, for a distance of 75' to a point; thence
nm N0°45'38"W, along a west line of said Tract A, for a distance of 165' to the Point of beginning.
A portion of Tract "A", REGINA SQUARE SUBDMSION, Plat book 113, Page 27, being more
particularly described as follows: Begin at the Southeast comer of said Tract A; thence mn N89°56'45"W,
along the south line of said Tract A, for a distance of 361.66' to a point; thence nm N0°3'15"E for a
distance of 149.5' to a point; thence nm N89°56'45"W for a distance of 283.39' to a point; thence nm
N0°45'38"W for a distance of 198.74' to a point onthe north line of said Tract A; thence nm S89°49'44"E,
along the no~h line of said Tract A, for a distance of 619.04' to the Point of curvature of a circular curve to
the right having a radius of 25';'thence mn SE/Iy, along the Northeast line of said Tract A and along the arc
of said curve, for a distance of 38.92', through a central angle of 89°11'34" to the Point of tangency; thence
mn S0°38'10"E, along the east line of said Tract A, for a distance of 322.28' to the Point of beginning.
LOCATION: East of Biscayne Boulevard, between N.E. 187 Street & N.E. 191 Street, Dade Cotmty,
Florida.
SIZE OF PROPERTY: 27.46 Acres
PRESENT ZONING: BU-2 (Business - Special)
AGENDA ITEM NO.: 2
HEARING NO.: 96-11-ACC-2
HEARING DATE: 11/5/96
PH #: Z96000203
CITY OF AVENTURA
ZONING_$_UMMARY
EXISTING ZONING AND LAND USE;
Sub_iect property: BU-2, BU-3; shopping center (Loehmann's Fashion Island)
Surrounding property.:
North: IU-1, BU-2; offices and commercial
East: IU- 1, IU-2, RU-4M; residential, commercial and offices
South: IU-1; offices and commercial
West: GU; Biscayne Boulevard
Size of property_: 27.46 acres
ANALYSIS:
The application seeks a modification of Paragraph #2 of a modification of a Covenant
recorded in the Official Record Book 12160, pages 1508 through 1510, dated April 4,
1984, only as it applies to the subject property. In addition, the application seeks a
modification of Condition #2 of Resolution 4-ZAB-71-91, passed and adopted by the
Zoning Appeals Board on March 27, 1991, and further modified by Resolution
4-ZAB-156-92, passed and adopted by the Zoning Appeals Board on April 29, 1992, and
last modified by 4-ZAB-325-93, passed and adopted by the Zoning Appeals Board on
September 29, 1993. The aforementioned modifications would permit the applicant to
submit revised plans showing a proposed expansion. A special exception of spacing
requirements and non-use variances of landscaped open space and spacing requirements
accompany this application. Said variances would permit 12.02% landscaped open space
(13.5% required); would permit 1,909 parking spaces where 1,930 are required (1,398
previously approved where 1,567 were required); and would permit a wine bar and cigar
store to be spaced less than the required 1,500' from other existing alcoholic beverage
uses and spaced less than 2,500' from a school and a church. The subject property is
located East of Biscayne Boulevard between NE 187 Street and NE 191 Street, and is
zoned BU-2, Special Business District, and BU-3, Liberal Business District. The
2000-2010 Comprehensive Development Master Plan (CDMP) designates the subject
property for Business and Office use on the Land Use Plan (LUP) map.
ZONING EVALUATION
AGENDA ITEM NO.: 2
HEARING NO.: 96-11-ACC-2
HEARING DATE: 11/5/96
PAGE TWO
Staff recommends modified approval of requests /ti and 2 such that the proposed
expansion complies with previously approved parking variances. Said requests would'
permit the applicant to submit revised plans showing a proposed expansion to the
commercial use on the property which conforms to the goals, objectives and policies of
the CDMP. The applicant has indicated that the proposed site plan will be revised in
order to conform to previously approved parking variances, and has indicated that the
request to permit a variance of parking requirements (request #4) will be withdrawn at the
hearing. Request #5 to permit a special exception of spacing requirements as applied to
alcoholic beverage uses is supported by staff. Several similar special exceptions have
been granted on adjacent properties and on the subject property, and the request is
compatible with the surrounding area uses which are highly commercial in character.
Staff does not support request #3 permitting less landscaped open space than required. In
staffs opinion, the site has adequate space to comply with the aforementioned
requirement. Noting that all conditions of Resolutions 4-ZAB-71-91,4-ZAB-156-92, and
4-ZAB-325-93, and all the Restrictions contained in the Covenant recorded in the Official
Record Book 12160, pages 1508 through 1510, will remain in full force and effect,
except as modified herein; staff recommends modified approval of requests # 1 and 2 such
that the proposed expansion complies with previously approved parking variances; denial
without prejudice of request #3; and denial without prejudice of request #4, unless
withdrawn by the applicant.
o RECOMMENDATION;
Modified approval of requests #1 and 2 such that the proposed expansion complies with
previously approved parking variances; denial without prejudice of request #3; and denial
without prejudice of request #4, unless withdrawn by the applicant.
o CONDITION: None.
DATE INSPECTED: 10/8/96
DATE TYPED: 10/17/96
DATE REVISED: 10/31/96
DATE FINALIZED: 10/31/96
RGV:DO'QW:AJT:MTF
Rem~atdo G. Villar, Acting Assistant Director
Zoning and Permitting Division
Metropolitan Dade County Department of
Planning, Development and Regulation
ZONING EVALUATION
AGENDA ITEM NO.: 2
HEARING NO.: 96-11-ACC-2
HEARING DATE: 11/5/96
PAGE THREE
This item has been reviewed and approved for consistency with the standards of Ordinance
#89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management
Program.
Action taken today does not constitute a final development order, and one or more concurrency
determinations will subsequently be required. Provisional determinations or listings of needed
facilities made in association with this Initial Development Order shall not be binding with
regard to future decisions to approve or deny an Intermediate or Final Development Order on any
grounds.
PH: 96-203
METROPOLITAN DADE CODNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND R~U~ATION
RECO~WENDATION TO -rk~ A~Elvro~A CITY COUNCIL
APPLICANT P.C.T. Biscayne Boulevard
Partnership
SECTION 3-56-42
C(I~IS S ION DISTRICT 4
DATE: November 5, 1996
ACC HEARING l'r~M NO.96-11-ACC-2
GENERAL INFORMATION
1. Modification of a covenant as it applies to the
approved site plan
previously
2. Modification of a previously approved site plan.
Non-Use Variance of Landscaped Open Space requirements to permit
the proposed landscaped open space area of 12.02% (13.5%
required).
Non-Use Variance of Parking Requirements to permit 1,909 parking
spaces (1,930 required) previously approved 1,398
parking spaces (1,567 parking spaces required).
Special Exception of Spacing Requirements as applied to alcoholic
beverage uses to permit a wine bar & cigar store to be spaced
less than the required 1,500 from other existing alcoholic
beverage uses and spaced less than 2,500 from a school and
religious facility.
PURPOSE
LOCATION
To permit the expansion of an existing shopping center (Loehmann's
Fashion Island)
East of Biscayne Boulevard,
between NE 187 Street and
NE 191 Street.
SIZE 27.46 acres
EXISTING ZONING AND LAND USE
SUBJECT PROPERTY BU-2, Loehmann's Plaza
SURROUNDING PROPERTY
NORTH BU-2, Loehmann's Plaza
BU-2, Loehmann's Plaza
~T
WEST
BU-2, Loehmann's Plaza
BU-2, Loehmann's Plaza
P.C.T. Biscayne Boulevard Partnership
SECTION 3 - 56 - 42
ACC HEARING ITEM NO. 96-11-ACC-2
CO~9~ISS ION DISTRICT 4
-2-
PH: 96-203
November 5, 1996
COMPPd~n~SIVE DEVELOPMENT MAMT~K PLAN and/or SPECIAL S'ruuTR.~
The Adopted 2000 and 2010 Land Use Plan designates the subject property as
being within the Urban Development Boundary for business and office.
RECOMMENDATION
APPROVAL WITH CONDITION
CONDITIONS
The applicants submitting to the Planning Division for its review and
approval a landscaping plan which indicates the type and size of plant
material prior to the issuance of a building permit and to be installed
prior to issuance of any certificate of occupancy.
ANALYSIS
The subject application would permit the applicant to modify a previously
approved site plan as well as a restrictive declaration of covenant in
order to permit the construction of a 2,980 square foot addition on the
existing mall. Said addition will be located on the east side of the main
building and will require ancillary variances of parking and landscaping.
The property is located on the east side of Biscayne Boulevard, between NE
187 Street and NE 191 Street, is zoned commercial and designated same on
the 2,000 and 2010 Land Use Plan map. Staff recommends approval of the
subject application. The requested addition will be interior oriented to
the mall and will only have a delivery door at- the rear. Although the
existing theater complex requires a substantial number of parking spaces,
the impact is only apparent during the evenings when theater activity is
high. Day to day patrons will not be affected during regular shopping
hours which occur mostly during the daytime; therefore, the parking
variance is justified. The landscape variance will have a negligible
effect on the overall site due to the excellent landscaping already in
place. The special exception of spacing requirements will permit the
establishment of a cigar store in conjunction with a bar provides an
upscale environment to the mall. Accordingly, the Planning Division
recommends approval of this application as requested.
GEO:EES
DATE TYPED:10/31/96
DATE REVISED:
Guillerm~ E. Olmedillo, Director
Department of Planning, Development
and Regulation
MEMORANDUM
TO:
Reinaldo Villar
Assistant Director
Department of Planning,
Development and Regulation
DATE:
SUBJECT:
FROM: Alyce M. Robertson
Assistant Director
Environmental Resources Management
23-SEP-1996
ZAB #Z96000203
PCT BISCAYNE BLVD PARTNERSHIP
NE 187 ST & BISCAYNE BLVD
Modification of Resolution to permit
proposed expansion (BU-2) (27.46 Ac)
03-52-42
DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of
Metropolitan Dade County, Florida. Accordingly, the application may
be scheduled for public hearing. Additionally, DERM has also
evaluated the request insofar as the general environmental impact
that may derive from it and after reviewing the available information
offers no objection to its approval.
POTABLE WATER SUPPLY & WASTEWATER DISPOSAL
Public water and public sanitary sewers can be made available to this
property. Therefore, DERM will require connection to the public
water supply and public sanitary sewer systems.
Existing public water and sewer facilities and services meet the
Level of Service (LOS) standards set forth in the Comprehensive
Development Master Plan (CDMP). Furthermore, the proposed
development order, if approved, will not result in a reduction in the
LOS standards subject to compliance with the conditions required by
DERM for this proposed development order.
Notwithstanding the foregoing, in light of the fact that the County's
sanitary sewer system has limited sewer collection/transmission and
treatment capacity, no new sewer service connections can be permitted
until adequate capacity becomes available. Consequently, final
development orders for this site may not be granted unless adequate
capacity in the Sanitary sewer collection/transmission and treatment
system is available at the point in time when the project will be
contributing sewage to the system or if approval for alternative
means of sewage disposal can be obtained. Use of an alternative
means of sewage disposal shall be an interim measure, with connection
to the public sanitary sewer system required upon availability of
adequate collection/transmission and treatment capacity.
WATER MANAGEMENT
Ail stormwater runoff must be retained on-site utilizing a properly
designed seepage or infiltration drainage structures. Drainage plans
shall provide for full on-site rentention of the stormwater runoff of
a 5 years storm event. Pollutants removal devices shall be required
at all drainage inlet structures.
A General Environmental Resource Permit from DERM will be required
for the surface water management system.
Any proposed development shall comply with County and Federal flood
criteria requirements. The proposed development order, if approved,
will not result in a reduction in the Level of Service (LOS)
standards for flood protection set forth in the Comprehensive
Development Master Plan (CDMP) subject to compliance with the
conditions required by DERM the for proposed development order.
OPERATING PERMITS
Section 24-35.1 of the Code authorizes PERM to require operating
permits for facilities that could be a source of pollution. The
applicant should be advised that the requested use of the subject
property will require an operating permit from DERM. It is therefore
suggested that the applicant contact DERM concerning operating permit
requirements.
HAZARDOUS MATERIALS MANAGEMENT
Due to the nature of uses allowed in the existing zoning
classification, the applicant may be required to obtain DERM approval
for management practices to control the potential discharge and
spillage of pollutants associated with some land uses. The
Industrial Facilities Section of DERM should be contacted for further
information on required management practices for certain land uses
permitted under the existing zoning classifications.
TREE PRESERVATION
Section 24-60 of the Code requires the preservation of tree
resources. Consequently, DERM will require the preservation of all
the specimen-sized trees, as defined in the Code, which are on the
site. A Dade County tree removal permit is required prior to the
removal or relocation of any trees. The applicant is advised to
contact DERM staff for permitting procedures and requirements prior
to development of site and landscaping plans.
CONCURRENCY REVIEW SUMMARY
The Department has conducted a concurrency review for this
application and has determined that the same meets all applicable
Levels of Service standards for an initial development order, as
specified in the adopted Comprehensive Development Master Plan for
potable water supply, wastewater disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the comments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally, this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In summary, the application meets the minimum requirements of Chapter
24 of the Code and therefore, it may be scheduled for public hearing;
furthermore, this memorandum shall constitute DERM's written consent
to that effect as required by the Code. Additionally, DERM has also
evaluated the application so as to determine its general
environmental impact and after reviewing the available information
offers no objections to the approval of the request.
PUBLIC WORKS DEPARTMENT COMMENTS
PH~96-203
Aventura
City
Council
Applicant's Name: P.C.T. Biscayne Blvd. Partnership
This Department objects to the parking variance to reduce the number of
parking stalls to 1909, 1930 required.
Since this development abuts a State maintained road Biscayne Blvd.(US-
1), the applicant must contact the district office at 470-5367, certain
restrictions may apply.
This application does not generate any new additional daily peak hour
trips, therefore no vehicle trips have been assigned. This meets the
traffic concurrency criteria set for an Initial Development Order.
Date
.,, PeT ~lscB~ne Centor, Znc., i Os~:~' -- --
s.~ co ~ ~,~.:~b.e ~.~or..., President and ~ief Executive Officer
~,, _ 3rd d,~ ~ . ~ , ~_~
Co~onwealth of Massachusetts
~ Co~.~.~ ~zp~..~ 8/5/1999
~EVI$~D !/11/90
TRACT A
BU-3
BU~2
A 186 ~
~__ P,U-41~
NE
D
IU-2:'
LECEND
I~ D E~
coufrY
NE 187 ST.
MEMORANDUM
TO:
FROM:
Reinaldo Villar
Assistant Director
Department of Planning,
Development and Regulation
DATE: 9-SEP-1996
SUBJECT: ZAB #Z96000281
CHABAD HOUSE OF NORTH DADE, INC.
21001 BISCAYNE BLYD
Mod. of Resol. to permit expansion of
Religious Fac. (RU-2/RU-3) (1.14 Ac)
' ~. 34-51-42
Alyce M. Robertson
Assistant Director "-' /
Environmental Resources Management
DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of
Metropolitan Dade County, Florida. Accordingly, the application may
be scheduled for public hearing. Additionally, DERM has also
evaluated the request insofar as the general environmental impact
that may derive from it and after reviewing the available information
offers no objection to its approval.
POTABLE WATER SUPPLY
Public water can be made available to this site, therefore,
connection will be required.
Existing public water facilities and services meet the Level of
Service (LOS) standards set forth in the Comprehensive Development
Master Plan (CDMP). Furthermore, the proposed development order, if
approved, will not result in a reduction in the LOS standards subject
to compliance with the conditions required by DERM for this proposed
development order.
WASTEWATER DISPOSAL
The closest public sanitary sewer is located approximately 760 feet
from the site. Based on the proposed request, the subject property
is within a feasible distance for connection to public sewers;
therefore, DERM shall require that any development on the site be
connected to the public sanitary sewer system.
Existing public sanitary sewer facilities and services meet the Level
of Service (LOS) standards set forth in the CDMP. Furthermore, the
proposed development order, if approved, will not result in a
reduction in the LOS standards subject to compliance with the
conditions required by DERM for this proposed development order.
Additionally, in light of the fact that the County's public sanitary
sewer system has limited collection/transmission and treatment
capacity, no new sewer service connections can be permitted until
adequate capacity becomes available. Consequently, final development
orders for this site may not be granted unless adequate capacity in
the sanitary sewer collection/transmission system becomes available
or if approval for alternative means of sewage disposal can be
obtained. Use of an alternative means of sewage disposal shall be an
interim measure, with connection to the public sanitary sewer system
required upon availability of adequate collection/transmission and
treatment capacity.
WATER MANAGEMENT
Ail stormwater runof~ must be retained on-site utilizing properly
designed seepage or infiltration drainage structures. Drainage plans
shall provide for full on site retention of the stormwater runoff of
a 5 year storm event. Pollution control devices shall be required at
all drainage inlet structures.
If the proposed project has more than two acres of total impervious
area, an Environmental Resource Permit issued by DERM must be
obtained for the construction of the required surface water
management system.
Any proposed development shall comply with County and Federal flood
criteria requirements. The proposed development order, if approved,
will not result in a reduction in the Level of Service standards for
flood protection set forth in the CDMP subject to compliance with the
conditions required by DERM for the proposed development order.
TREE PRESERVATION
Section 24-60 of the Code requires the preservation of tree
resources. A Dade County tree removal permit is required prior to
the removal or relocation of any trees. The applicant is advised to
contact DERM staff for permitting procedures and requirements prior
to development of site and landscaping plans.
CONCURRENCY REVIEW SUMMARY
The Department has conducted a concurrency review for this
application and has determined that the same meets all applicable
Levels of Service standards for an initial development order, as
specified in the adopted Comprehensive Development Master Plan for
potable water supply, wastewater disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the comments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally, this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In summary, the application meets the minimum requirements of Chapter
24 of the Code and therefore, it may be scheduled for public hearing;
furthermore, this memorandum shall constitute DERM's written consent
to that effect as required by the Code. Additionally, DERM has also
evaluated the application so as to determine its general
environmental impact and after reviewing the available information
offers no objections to the approval of the request.
cc: A1 Torres, Zoning Evaluation - PDR
Skip Scofield, Zoning Review - PDR
Chabad House of North Dade, Inc.
SECTION 34-51-42
ACC ~%RING ITEM NO. 96-10-ACC-2
COb~4ISSION DISTRICT 4
LOCATION 21001 Biscayne Blvd.
EXISTING ZONING AND LAND USE
-2-
PH: 96-281
October 2, 1996
SUBJECT PROPERTY RU-2, Vacant land with 2 Office Trailers
SURROUNDING PROPERTY
NORTH RU-3, Vacant
SOu'I~ RU-2, Memorial Gardens and Funeral Chapels
EAST PAD, Vacant
WEST BU-1A, Columbia Aventura Hospital and Medical Center
COMPR/~I~NS/VE DEVELOPMENT MASTER pLAN and/or SPECIAL STUDIES
The Adopted 2000 and 2010 Land Use Plan designates the subject property as
being within the Urban Development Boundary for low-medium density
residential, up to 13 dwelling units per gross acre.
SIZE .52 Acre
Chabad House of North Dade, Inc.
SECTION 34-51-42
ACC HEARING ITEM NO. 96-10-ACC-2
CO~ISSION DISTRICT 4
-3-
PH: 96-281
October 2, 1996
P~ECO~9~ENDATION
APPROVAL WITH ONE CONDITION
CONDITIONS
That applicant shall submit to the Plannin9 Division for its review
and approval a landscaping plan which indicates the type and size of
plant material prior to the issuance of any certificate of occupancy.
ANALYSIS
This applicant is requesting permission to modify c~ndition #2 of a
resolution previously passed and adopted on the 6th day of December
1995. This request is to permit the applicants to construct a
previously approved religious facility on a 1.14 acre site enlarged
by adding adjacent property to what was formerly approved (2.5 acres
minimum required). The site is slightly smaller than that required
by code for a religious facility and the frontage is narrower than
the 150' minimum required. Also the height of the proposed facility
is only 1 foot greater than permitted by code. To the south of
subject site is Memorial Gardens and Funeral Chapels, the type of
uses compatible with what is proposed for this site. To the west is
the Columbia Aventura Hospital and Medical Center. The proposed use
of subject site will not have a negative effect on existing
surrounding land uses. For these reasons staff recommends approval.
GEO:EES:aj
DATE ~"fPED:9/23/96
DATE REVISED:
Gu~lermo E3 01~edillo, Director
Departmentm- of Planning, Development
and Regulation
PUBLIC WORKS DEPARTMENT COMMENTS
PH#96-281
Aventura
City
Council
Applicant's Name: Chabad House of North Dade, Inc.
This Department objects to the parking variance to reduce the number of
parking stalls to 66, 82 required.
Provide turnaround for the northerly parking stalls.
This Department has no objections to the variance to permit 30 feet
along the west side of NE 30th Avenue, adjacent to the subject property
35 feet required (1/2 R/W). No further widening of the street is
planned.
Waiver of plat may be required to comply with Chapter 28 of the
Subdivision Code, please notify applicant.
Improvement agreement for future construction of NE 210 St.
Since this development abuts a State maintained road (Biscayne Blvd.),
the applicant must contact the district office at 470-5367, certain
restrictions may apply.
This project meets traffic concurrency because it lies within the urban
infill area where traffic concurrency does not apply.
ussell C. Kelly'
SEP 1 0
Date
o$. 06, 96
DISCLOSURE OF LNTEREST*
If the prcper~y which is the subject of the application ig owned or leased 1;y a CORPOP, ATICN,
list the principal stock, holders and the percentage of stock owned by each. [Note: Where the
principal officers or stockholders consist et' another corporation(s), trustee(s), pxrtnerahip(s) cr
other similar entitles, further disclosure s!mll be requked which discloses abe ,-'denti~' of the
individual(s) (natural persor~s) having the ultimate ownership interest in rue aforementioned
entity].
NAME. ADDRESS, AND OFFICE Percenta~Le of Stock
If the property which is the subject of the application is owned or leased by a TRUSTEE, list
the beneficiaries of the trust and the percentage of interest held by each [NoTe: where the
beneficiary/beneficiaries consist of corporation(s), :ninth. er trust(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses the identity of t.he individual(s)
(natural persons) having the ultimate ownership interest in the aforementioned entity].
TRUST NAME
NAME AND ADDRESS
Percema~*e of Interest
U5 IJ~'96 i~,:,5 ~305 373 ,~.933 ?
Page 3
If any contingency clause or contract tem:s invoh'e a~ditlonal ~.~:'tie~, llst all kxdividuals o:
oificers, if a corporation, parmership, or trust.
For an5, changes of ownersh;.p or changes in contracts for purchase subsequent to the date of the
application, but prior to the date of final public hearing, a supplemental disclosure of interes~
shall be filed.
The above is a full disclosure of all panics of interest in '.~s ;-pplication to the best of mx'
'knowledge and belief.
Signature:
(Applicant)
Sworn to and subscribed before me,
this _(~ da.',' of ~'~ ~ ~ ,19
Notary Public, State~f Fl~[ida at Large
My Commission Expires:
(SEAL)
" OFFICIAL NOTARY SEAL
MOISES GORIN
NOTARY PUBLIC STATE OF FLORIDA[
COMMISSION NO. CC365119
MY COMMISSION EXp. MAY 19,199~
*Disclosure shall not be required of a.ny entity, the equi£~- interests in wtfich arc regulaziy traded
on an established securities market in the Urdted Stares or any oaher countD,; or of any entiT,
the ownership Luterests of whJch are held in a lLmited p~mtershJp consJsfiag of more than 5,000
separate interests a~d where no person or entity holds more hhtm a total ob 5 % of the ownership
interest in the limited parmersh/p.
;!
~-- BU1 A
TRACT 1
TRACT
I /
=_-!//
~/ /
/ /
- / I
I I
/_ i
°AC D
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PAD
L£O
END
METROPOLITAN DADE
I-le~ing M~
CO~W
1. AVENTURA COMMONS ASSOCIATES LTD. 96-11-ACC-1
(Applicant)
Property Owner (if different from applicant) Same.
Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning
request? Yes [] No []
Disclosure of interest form attached? Yes l~ No []
Year
None
Previous Zoning Hearings on the Property:
Applicant Request Board Decision
Action taken today does not constitute a final development order, and one or more concurrency
determinations will subsequently be required. Provisional determinations or listings of needed facilities
made in association with this Initial Development Order shall not be binding with regard to future decisions
to approve or deny an Intermediate or Final Development Order on any grounds.
HEARING NO. 96-11-ACC-2 (96-383) 34-51-42
APPLICANT: AVENTURA COMMONS ASSOCIATES LTD.
SPECIAL EXCEPTION of spacmg requirements as applied to alcoholic beverage uses to permit a
proposed package liquor store in a shoppmg center spaced less than the required 1,500' from another
existing liquor establishment and spaced less than the required 2,500' from an existing religious
facility.
Plans are on file and inay be examined in the Zoning Department entitled "Specific Purpose Survey -
Liquor Survey," as prepared by CCL Consultants, Inc. and last dated 8/8/96. Plans may be modified at
public hearing.
SUBJECT PROPERTY: A portion of DONN ACRES, Plat book 76, Page 30, being more particularly
described as follows:
Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; thence mn
S 1°59'3"E, along the E/ly line of said Section 34, for 709.14'; thence nm S88°0'57"W for 40'; thence mn
S88°26'3"W for 1,729.66' to the Point of beginning, said Point of beginning bearing S73°32'1 I"E from the
center of the next mentioned circular curve; thence mn SW/Iy, along a circular curve to the right having for
its elements a central angle of 6°15'29'' and a radius of 4,964.09', for an arc distance of 542.2' to a Point of
tangency; thence mn S22°43'18"W for 481.87'; thence mn S88°12'28"W for 498.74'; thence mn
N2°55'32"W for 25'; thence mn S88°12'28"W for 634.57'; thence nm N2°37'40"W for 28.69'; thence mn
N22°43'18"E for 899.98' to a Point of curvature; thence mn NE/Iy, along a circular curve to the left having
for its elements a central angle of 0°57'39" and a radius of 3,909.83', for an arc distance of 65.57' to a
Point of reverse curvature; thence mn NE/ly, along a circular curve to the right having for its elements a
central angle of 66040'24'' and a radius of 25', for an arc distance of 29.09' to a Point of tangency; thence
mn N88°26'3"E for 1,108.64' to the Point of beginning.
LOCATION: The Southeast comer of N.E. 213 Street & Biscayne Boulevard (State Road No. 5), Dade
County, Florida.
SIZE OF PROPERTY: 24.64 Acres
PRESENT ZONING: BU-2 (Business - Special)
BACKGROUND INFORMATION
Aventura Commons Assoc. Ltd.
ENFORCEMENT HISTORY
The southeast comer of N.E.
213 St. & Biscayne Blvd.
Dade County, Florida
APPLICANT
ADDRESS
November 5, 1996
96-383
DATE
CURRENT ENFORCEMENT:
NO CURRENT ENFORCEMENT ACTION.
HEARING NO.
AGENDA ITEM 1
HEARING NO.: 96-1 I-ACC-I
HEARING DATE: 11/5/96
PH #: Z96000383
CITY OF AVENTURA
ZONING SUMMARY
EXISTING ZONING AND LAND USE:
Subject property: BU-2; shopping center (under construction)
Surrounding property:
North:
East:
South:
West:
RU-2; residential
PAD; residential
RU-3 & PAD; Chabad House of North Dade Synagogue
and & residential
BU~ 1 & BU- 1 A; commercial
Size of property: 24.64 Acres
SUMMARY:
The subject property is zoned BU-2, Special Business District and is located at the
Southeast comer of N.E 213 Street and Biscayne Boulevard. The 2000-2010
Comprehensive Development Master Plan (CDMP) designates the subject property for
Business and Office land use on the Land Use Plan (LUP) map. The applicant is seeking a
special exception of spacing requirements to permit a proposed package liquor store in a
shopping center to be spaced less that the required 1,500' from another existing liquor
establishment and spaced less than the required 2,500' from an existing religious facility.
The proposed liquor store will be located within a 200,000 square foot 24+ acre shopping
center complex.
When considering the necessity for and the reasonableness of the applied for special
exception in relation to the present and future development of the area, and the
compatibility of the exception with the area and its development, staff offers no objections
to this application, subject to conditions. The proposed liquor store will be internally
located within an approved 200,000 square foot shopping center in a commercial area of
Aventura fronting Biscayne Boulevard. The establishment of a liquor package store is
also acceptable as the property is zoned BU-2 and liquor package stores are allowed in the
BU-2 zoning district as a matter of right. Although the proposed use will be located 320'
from the Chabad House of North Dade Synagogue, staff feels that the spacing variance is
not objectionable since the liquor package store will sell for off-premises consumption
ZONING EVALUATION
AGENDA ITEM 1
HEARING NO.: 96-11-ACC-1
HEARING DATE: 1 I/5/96
PAGE TWO
only. The only other alcohol uses within 3,000 feet of the subject property is the
Gulfstream Race Track 765' to the north and an Amoco service station located 1,740' to
the southwest whose alcoholic beverage sales are limited only to 'beer and wine. There are
no schools located within 2,500 feet of this proposed liquor package store. Accordingly;
staffrecommends that this special exception be approved, subject to conditions.
o RECOMMENDATION:
o CONDITIONS:
Approval with conditions.
That a site plan be submitted to and meet with the approval of the Director upon the
submittal of an application for a building permit and/or Certificate of Use and Occupancy;
said plan to include among other things but not be limited thereto, location of structure or
structures, types, sizes and location of signs, light standards, off-street parking areas, exits
and entrances, drainage, walls, fences, landscaping, etc.
That in the approval of the plan, the same be substantially in accordance with that
submitted for the heating entitled "Specific Purpose Survey - Liquor Survey," as prepared
by CCL Consultants, Inc. and last dated 8/8/96.
3. That the use be established and maintained in accordance with the approved plan.
DATE INSPECTED:
DATE TYPED:
DATE REVISED:
DATE FINALIZED:
RGV:DO'QW:AJT:NEH
That the applicant obtain a Certificate of Use and Occupancy from, and promptly renew
the same annually with the Department, upon compliance with all terms and conditions,
the same subject to cancellation upon violation of any of the conditions.
10/21/9610/29/96
10/31/96
P&ir~ do G. Villar, Acting Assistant Director
Zoning and Permitting Division
Metropolitan Dade County Department of
Planning, Development and Regulation
ZONING EVALUATION
AGENDA ITEM 1
HEARING NO.: 96-11-ACC~1
HEARING DATE: 11/5/96
PAGE THREE
This item has been reviewed and approved for consistency with the standards of Ordinance
#89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management
Program.
Action taken today does not constitute a final development order, and one or more concurrency
determinations will subsequently be required. Provisional determinations or listings of needed
facilities made in association with this Initial Development Order shall not be binding with regard
to future decisions to approve or deny an Intermediate or Final Development Order on any
grounds.
PH: 96-383
METROPOLITAN DADE COUNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND REG~]LATION
RECOMMENDATION TO 'r~ AVE~'ruRA CITY COUNCIL
APPLICANT Aventura Commons Associates Ltd.
SECTION 34-51-42
COmmISSION DISTRICT 4
DATE: November 5, 1996
ACC H~RING IT]~4NO.96-11-ACC-2
GENERAL INFORMATION
REQUEST
Special Exception of spacing requirements as applied to alcoholic
beverage uses to permit a proposed package liquor store in a shopping
center spaced less than the required 1,500 from another existing
liquor establishment and spaced less than the required 2,500 from an
existing religious facility.
PURPOSE
LOCATION Southeast corner of NE 213 Street
and Biscayne Boulevard.
EXISTING ZONING AND LAND U~R
SUBJECT PROPERTY BU-2, unimproved
SUP~ROUNDING PROPERTY
To permit the establishment of a liquor package store.
SIZE 24.64 acres
NORTH RU-2, unimproved
SOu'l~ RU-3, Chabad House of North Dade and unimproved
EAST BU-iA, hospital
WEST PAD, unimproved
COMPR~J~NSIVE DEVELOPMENT MA~'i'~ PLAN and/or SPECIAL STuvrR~
The Adopted 2000 and 2010 Land Use Plan designates the subject property as
being within the Urban Development Boundary for business and office.
Aventura Commons Associates, Ltd.
SECTION 34-51-42
ACC HEARING ITEM NO. 96-11-ACC-1
CO~4ISSION DISTRICT 4
-2-
PH: 96-383
November 5, 1996
RECO~9~ENDATION
APPROVAL
CONDITIONS
None
ANALYSIS
The applicant is requesting a special exception of spacing requirements as
applied to alcoholic beverage uses to permit the establishment of a
liquor package store on a 24.64-acre commercial{BU-2) parcel. The
unimproved site is located on the southwest corner of NE 213 Street &
Biscayne Boulevard, and has been designated for business and office by the
2000 and 2010 Land Use Plan map. The proposed package store lies within
the required spacing distance from Gulfstream Park track, an Amoco service
station/convenience store and a synagogue. Additionally, the package
store will not negatively impact adjoining neighbors since the relatively
large shopping center buffers adjoining neighbors from said use.
Accordingly, the Planning Division recommends approval of the subject
application.
GEO:EES
DATE TY~ED:10/31/96
DATE REVISED:
and Regulation
MEMORANDUM
TO:
FROM:
Reinaldo Villar
Assistant Director
Department of Planning,
Development and Regulation
DATE:
SUBJECT:
Alyce M. Robertson~'-
Assistant Director '~
Environmental Resources Management
25-SEP-1996
ZAB #Z96000383
AVENTURA COMMONS ASSOC., LTD.
NE 213 ST & BISCAYNE BLVD
S.E. to permit a proposed package
storage (BU-2} (24.64 Ac)
34-51-42
DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of
Metropolitan bade County, Florida. Accordingly, the application may
be scheduled for public hearing. Additionally, DERM has also
evaluated the request insofar as the general environmental impact
that may derive from it and after reviewing the available information
offers no objection to its approval.
POTABLE WATER SUPPLY & WASTEWATER DISPOSAL
Public water and public sanitary sewers can be made available to this
property. Therefore, DERM will require connection to the public
water supply and public sanitary sewer systems.
Existing public water and sewer facilities and services meet the
Level of Service (LOS) standards set forth in the Comprehensive
Development Master Plan (CDMP). Furthermore, the proposed
development order, if approved, will not result in a reduction in the
LOS standards subject to compliance with the conditions required by
DERM for this proposed development order.
Notwithstanding the foregoing, in light of the fact that the County's
sanitary sewer system has limited sewer collection/transmission and
treatment capacity, no new sewer service connections can be permitted
until adequate capacity becomes available. Consequently, final
development orders for this site may not be granted unless adequate
capacity in the sanitary sewer collection/transmission and treatment
system is available at the point in time when the project will be
contributing sewage to the system or if approval for alternative
means of sewage disposal can be obtained. Use of an alternative
means of sewage disposal shall be an interim measure, with connection
to the public sanitary sewer system required upon availability of
adequate collection/transmission and treatment capacity.
WATER MANAGEMENT
Ail stormwater runoff must be retained on-site utilizing a properly
designed seepage or infiltration drainage structures. Drainage plans
shall provide for full on-site rentention of the stormwater runoff of
a 5 years storm event. Pollutants removal devices shall be required
at all drainage inlet structures.
A Standard General Environmental Resource Permit from DBRM will be
required for the surface water management system.
Any proposed development shall comply with County and Federal flood
criteria requirements. The proposed development order, if approved,
will not result in a reduction in the Level of Service (LOS)
standards for flood protection set forth in the Comprehensive
Development Master Plan (CDMP) subject to compliance with the
conditions required by DERM the for proposed development order.
OPERATING PERMITS
Section 24-35.1 of the Code authorizes DERM to require operating
permits for facilities that could be a source of pollution. The
applicant should be advised that the requested use of the subject
property will require an operating permit from DERM. It is therefore
suggested that the applicant contact DERM concerning operating permit
requirements.
TREE PRESERVATION
Section 24-60 of the Code requires the preservation of tree
resources. Consequently, DERM will require the preservation of all
the specimen-sized trees, as defined in the Code, which are on the
site. A Dade County tree removal permit is required prior to the
removal or relocation of any trees. The applicant is advised to
contact DERM staff for permitting procedures and requirements prior
to development of site and landscaping plans.
Furthermore, the following comments are also offered as they contain
Code requirements which are applicable to certain land uses permitted
in the underlying zoning classification.
HAZARDOUS MATERIALS MANAGEMENT
Due to the nature of uses allowed in the existing zoning
classification, the applicant may be required to obtain PERM approval
for management practices to control the potential discharge and
spillage of pollutants associated with some land uses. The
Industrial Facilities Section of PERM should be contacted for further
information on required management practices for certain land uses
permitted under the existing zoning classifications.
CONCURRENCY REVIEW SUMNARY
The Department has conducted a concurrency review for this
application and has determined that the same meets all applicable
Levels of Service standards for an initial development order, as
specified in the adopted Comprehensive Development Master Plan for
potable water supply, wastewater disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the comments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally, this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In summary, the application meets the minimum requirements of Chapter
24 of the Code and therefore, it may be scheduled for public hearing;
furthermore, this memorandum shall constitute DERM's written consent
to that effect as required by the Code. Additionally, DERM has also
evaluated the application so as to determine its general
environmental impact and after reviewing the available information
offers no objections to the approval of the request.
PH# 96-383
Aventura City Council
PUBLIC WORKS DEPi%RTMENT COMMENTS
Applicant's Name: Aventura Commons Associates, Ltd°
This Department has no objections to this application.
This project meets traffic concurrency because it lies within the urban
infill area where traffic concurrency does not apply.
Russell C. Kelly
Date
TRACT 1
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TRAC,~ E o8
RU-2
METROPOLITAN-DADE COUNTY
~t To~,~,~; 51 Rm~ 42
AVENTURA C~W~S ~OC~ LTD.
~t400
COUNCIL WORKSHOP MEETING
OCTOBER 14, 1996 - 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur I. Snyder at 9 a.m. Present
were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg,
Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City
Manager Eric M. Soroka, City Attorney Richard Jay Weiss and City Clerk Teresa M.
Smith. As a quorum was determined to be present, the meeting commenced and the
following items were discussed:
1. Selection of Slogan. Consensus of Council that the City's slogan be "The City of
Excellence."
2. GIS Mapping. Presentation by Regina Hagar of Keith & Schnars.
3. Stormwater Utility Program.
Perez and Steve Sedgwick
presentation to Council.
Pete Gallo, Keith & Schnars, introduced Armando I.
of Camp Dresser & McKee, Inc. who made a
Board Appointments. Mayor reminded Councilmembers to submit to him their
recommendations for appointments to the Beautification and Recreation and
Cultural Arts Advisory Boards.
5. Property Acquisition Update. Mr. Soroka provided an update on the potential
sites for purchase by the City.
6. Auditor Selection. Consensus of Council to enter into agreement with Rachlin
Cohen & Holtz for auditing services.
Founders Day Activities.
celebration were discussed,
for November 7, 1996.
Proposed activities for this year's Founders Day
Consensus of Council to cancel the dinner scheduled
Billboard Policy Discussion. Mr. Soroka provided Council with a list of billboard
locations in the City and noted that this matter would be discussed further at the
November workshop pending receipt of all pertinent information.
9. Vice Mayor Discussion. Concensus of Council to appoint Councilmember Berger
as next Vice Mayor.
10. Legislative Priorities. Mr. Soroka provided an overview of the need for the
services of a professional lobbyist. Concensus of Council to enter into agreement
with Ronald Book for legislative relations and lobbying services.
11. Reports. Mayor Snyder congratulated the City Manager and City Attorney for the
successful negotiation of the Interlocal Agreement with Dade County. Consensus of
Council to request City's landscape architect to make a recommendation regarding
the placement of plants on light poles along Biscayne Boulevard. Other discussion
included computer classes for Council, police uniforms, preparation of a resolution
objecting to the revenue sharing question to be placed on the November 5, 1996
ballot, ethics legislation, and the use of the name "Aventura Beach" in the Sunny
Isles incorporation process.
There being no further discussion, the meeting adjourned.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
WEDNESDAY, OCTOBER 16, 1996 - 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE '101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Snyder at 7 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken
Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers~Libert,
Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney David M.
Wolpin and City Clerk Teresa M. Smith. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Paul Libert led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert
and seconded by Councilmember Perlow to approve the minutes of the October 2,
1996 Council meeting. The motion passed unanimously and the minutes were
approved as submitted.
4. AGENDA: Jerry Budney, Esq., counsel for the Miami Herald, requested
continuation of Agenda Item 7.D. A motion to continue the public hearing for
Agenda Item 7.D. until November 5, 1996 was offered by Vice Mayor Rogers-
Libert, seconded by Councilmember Holzberg and unanimously passed. A motion
to add to the Consent Agenda as Item 7.E. a resolution opposing the revenue
sharing question to be placed on the November 5, 1996 ballot was offered by Vice
Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously
passed.
5. SPECIAL PRESENTATIONS: NONE.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Rogers-Libert, seconded by Councilmember Berger and unanimously
passed. Thus, the following action was taken:
Resolution No. 96-43 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN
METROPOLITAN DADE COUNTY AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Resolution No. 96-44 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, URGING ALL CABLE
COMPANIES PROVIDING CABLE SERVICE IN THE CITY
OF AVENTURA TO INCLUDE SPORTSCHANNEL AS A
BASIC CABLE PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
The following motion was approved:
MOTION TO RATIFY CITY MANAGER'S APPOINTMENTS
OF ALFRED (FRED) NESBITT AND HERBERT L. KLIGER,
J. D. AS SPECIAL MASTERS PURSUANT TO ORDINANCE
NO. 96-14 WHICH DID ESTABLISH THE CODE
ENFORCEMENT PROCESS.
Resolution No. 96-45 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
RACHLIN COHEN & HOLTZ TO PERFORM AUDITING
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED ENGAGEMENT LETTER;
AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 96-46 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, OBJECTING TO THE NON-
BINDING QUESTION RELATING TO MUNICIPAL
REVENUE SHARING THAT WILL APPEAR ON THE
NOVEMBER 5, 1996 BALLOT; URGING ALL CITIZENS
TO VOTE NO BASED ON THE UNFAIR BURDEN IT
WOULD PLACE ON TAXPAYERS OF THE CITY OF
AVENTURA; AND, PROVIDING AN EFFECTIVE DATE.
7. PUBLIC HEARINGS: ORDINANCES - SECOND READING
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH
DID CREATE THE CITY OF AVENTURA
BEAUTIFICATION, RECREATION AND CULTURAL ARTS
ADVISORY BOARD, TO DELETE THE BEAUTIFICATION
RESPONSIBILITIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public hearing
was closed. A motion to approve the ordinance was offered by Councilmember
Cohen, seconded by Vice Mayor Rogers-Libert, unanimously passed by roll call vote
and Ordinance No. 96-23 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF AVENTURA BEAUTIFICATION ADVISORY
BOARD; PROVIDING FOR CREATION; COMPOSITION
AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Joseph Platnick, 18071 Biscayne
Boulevard, addressed Council. There being no further speakers, the public hearing
was closed. A motion to approve the ordinance was offered by Vice Mayor Rogers-
Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote and
Ordinance No. 96-24 was enacted.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW;
REPLACING METROPOLITAN DADE COUNTY FEE
SCHEDULE; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Joseph Platnick, and Mr. George Berlin,
1940 NE 194th Drive, addressed Council. There being no additional speakers, the public
hearing was closed. A motion to approve the ordinance was offered by Vice Mayor
Rogers-Libert, seconded by Councilmember Cohen, unanimously passed by roll call
vote and Ordinance No. 96-25 was enacted.
E. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING,
MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Mr. Tee Holloway, representative of BellSouth Communications; Mr. George
Feffer, 2851 NE 183RD Street; and Mr. Joseph Platnick. There being no further
speakers, the public hearing was closed. A motion to amend Section 2 of the
ordinance to change the term of the franchise from 15 years to 5 years and to amend
Section 3 to delete the provision of an increase in franchise fee payments was offered
by Councilmember Perlow, seconded by Councilmember Cohen and unanimously
passed. A motion was offered by Vice Mayor Rogers-Libert, seconded by
Councilmember Cohen and unanimously passed to amend Section 16 to read as
follows: "Except as otherwise specified herein, the City reserves any and all rights not
otherwise expressly prohibited by applicable law." A motion to approve the ordinance
as amended was offered by Vice Mayor Rogers-Libert, seconded by Councilmember
Cohen, unanimously passed by roll call vote and Ordinance No. 96-26 was enacted.
8. RESOLUTIONS: NONE
9. REPORTS: Mayor Snyder announced the slogan for the City of Aventura is "The
City of Excellence." He then congratulated the City Manager and City Attorney on
their successful negotiations of the Interlocal Agreement with Metro-Dade County.
Mr. Beskin discussed the issue of televising Council meetings. Councilmember
Cohen reiterated the Mayor's comments regarding the efforts of the City Manager,
City Attorney and staff in negotiating the Interlocal Agreement with Metro-Dade
County.
10. OTHER BUSINESS: NONE
11. PUBLIC COMMENTS: The following individuals addressed Council: Joseph
Platnick; Tony Galan, Del Prado; and Mr. Richard Brooks, 17970 NE 34th Court.
12. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting was adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision made by the City Council with respect to any mat~er 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.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA BEAUTIFICATION ADVISORY BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 96-24, the City Council of the City of Aventura
provided for the creation of the Beautification Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
of the City of Aventura, the City Council wishes to provide for approval of members to
the Beautification Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council hereby approves the appointment by the Mayor of
the following individuals to the Beautification Advisory Board:
Janice Albin
Richard Brooks
Bob Diamond
Dr. Henry Diamond
Pat Richardson
Fanny-Fraynd Singer
Ruby Steiner
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
., who
moved its adoption. The motion was seconded by Councilmember
, and
upon being put to a vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ClTY ATTORNEY
/tm$
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA RECREATION AND CULTURAL ARTS
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, by Ordinance No. 96-23, the City Council of the City of Aventura
provided for the creation of the Recreation and Cultural Arts Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
of the City of Aventura, the City Council wishes to provide for approval of members to
the Recreation and Cultural Arts Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section '1. The City Council hereby approves the appointment by the Mayor of
the following individuals to the Recreation and Cultural Arts Advisory Board:
Ruth Demming
Dr. Joseph Hardy
William W. Heiberger
Irving Kanowitz
Janet Laine
Carol Landa
Donna Miller
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
, who
moved its adoption. The motion was seconded by Councilmember
, and
upon being put to a vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ClTY ATTORNEY
/tms
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, City
October 21, 1996
Resolution to Authorize Execution of GIS Base Mapping System and
Stormwater Utility Fund
November 5, 1996 City Council Agenda Item ~-~
Recommendation
It is recommended that the City Council authorize the execution of the attached work
authorizations with the City Engineer for GIS Base Mapping System and the
Stormwater Utility Fund. Both of these matters were discussed and reviewed at the
Council workshop meeting,
Backqround
A. Stormwater Utility Fund
One of the priorities included in the 1996/97 Budget was to review the possibility of
establishing a Stormwater Utility Fund to address drainage problems throughout the
City. Dade County has established a Stormwater Utility Fund for the unincorporated
areas. The City is currently included in the County's program. Due to the lack of
attention to the City's drainage needs in the past and the ability to establish a
replacement revenue source to fund improvements, it is recommended that the City
study this option. In addition, the Interlocal Agreement allows the City to adopt its own
program.
This study will identify the available resoumes to establish a Stormwater Utility Fund
within the City. This consists of identifying the number and type of improvements that
have been developed by Dade County, the type and scope of the program that is
already in place, the schedule of these improvements and their associated costs;
identification of problem areas, an inventory of existing stormwater management
structures (also identifying their condition); the number of dollars allocated to Aventura
by Dade County; identifying the costs, permits, and other resources necessary in
October 21, 1996
Page 2
transitioning the fund to the City, preparing a document summarizing the projected
revenues; and establishing a timetable for transition. The cost of the study is $67,000
which can be charged to the fund once it is established.
B. GIS Base Mapping System
We, as a City government organization, have established as a priority and goal, the
utilization of the latest state-of-the-art technology in providing services to our residents.
One of the objectives included in the 1996/97 Budget for the Community Development
Department and Community Services Department is the creation of a computerized City
base map with the assistance of our Engineers.
A GIS Base Mapping System will include assembling data that will deliver a database
consisting of municipal boundaries, land parcels, zoning, streets, land uses and the
underground utility system. The database will be expanded to address future
applications for the Police Department to perform crime analysis. The database will be
user-friendly for residents, staff, businesses, builders and developers.
The preparation of the system is very labor-intensive as far as inputting data and field
surveying work.
We have received a proposal from Keith and Schnars, the City Engineers, to perform
the required work as follows:
Labor and Expenses:
Software Expenses:
Total Cost
$ 53,249
9,600
$ 61,849
Funding is included in the 1996/97 budget for this project.
This figure is consistent with my experience with establishing similar systems in other
cities.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0138-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.13 STORMWATER
MANAGEMENT UTILITY AND WORK AUTHORIZATION
NO. 15414.08 PHASE 1 PRIMARY GIS DATA BASE FOR
PROFESSIONAL ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 15414.13 ($67,000) for the stormwater utility management
project and Work Authorization No. 15414.08 ($61,849) for the Phase 1 Primary GIS
Data Base project for professional engineering services by and between the City and
Keith and Schnars, P.A.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
WORK AUTHORIZATION NO. 15414.13
The City of Aventura has requested Work Authorization No. 15414.13, as provided for in
the agreement between the City of Aventura and Keith and Schnars, P.A. and approved
by the City Commission on August 20, 1996.
This Work Authorization No. 15414.13 provides for technical services in accordance with
Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor and reimbursable expenses are $67,000.00
The time period for this work authorization will be 90 days.
ATTEST
BY
City Clerk
Teresa M. Smith
APPROVED AS TO FORM
BY
City Attorney
Weiss~Serota-Helfm an. P.A.
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M. Sorok~
day of
,19
Notice to Proceed Yes __ No
Project Initiation Date.
RECOMMENDED through its
Director of Community Service
BY
Director of Community Service
Robert M. Sherman
day of ., 19
Exhibit A
Work Authorization No. 15414.13
Stormwater Management Utility
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
October 15, 1996
Exhibit A
WORK AUTHORIZATION NO. 15414.13
Stormwater Management Utility
SCOPE OF CONSULTING SERVICES
PREAMBLE
The following scope of services identifies the specific tasks that need to be performed to
transfer the responsibility of the stormwater management program from Dade County to
Aventura and will clearly document the resources needed to implement this transition. The
necessary stormwater management program components will be clarified to allow the City
to move forward in a positive effort to solve problems that exist or will be created as
development/redevelopment occurs.
TASK 1 - DATA COLLECTION AND EVALUATION
CDM will obtain the following information from Dade County that describes the specific
components of the existing stormwater management program:
As part of the preliminary evaluation study, the number of Equivalent Residential
Units (ERUs) within the geographic boundary of Aventura will be determined.
The number and type of stormwater improvements that have been developed or
planned by Dade County within the Aventura City limits will be identified.
The type and scope of the capital improvement program that has been identified by
Dade County in the Aventura City limits will be determined.
The schedule for the activities and associated costs to implement various
stormwater projects in Aventura will be prepared.
The identification of specific problem areas reported by the citizens of Aventura to
the Dade County stormwater management utility will be identified and a status
report will be prepared for the existing problems and resolution of any past
problems.
The identified inventory of existing stormwater management facilities within
Aventura will be identified by type and location of structure based on County
NPDES maps and other sources. (Note: Condition of existing structures and
projected life span will be evaluated by Keith & Schnars.)
The specific dollars allocated to Aventura by Dade County to perform necessary
stormwater management maintenance functions on an annual basis will be
determined.
Exhibit A
Work Authorization No. 15414.13
Page 2
The expenditure requirements for Miami-Dade Water & Sewer Department (WASD)
to bill the stormwater management utility fees for Aventura will be determined.
The existing dollars allocated for administering the maintenance of the stormwater
management utility system for the City of Aventura by Dade County will be
determined.
The preliminary study will identify the requirements necessary to transition the
stormwater management utility from Dade county to the City of Aventura; with
particular emphases upon the time required to accomplish this transition and the
costs associated therewith.
As a result of the information collected from Dade County and discussions with Aventura
personnel, CDM will develop a summary of the existing status of stormwater management
utility fees for the City. This summary will also document the present expenditures that
Dade County makes for services within the Aventura area. The type of services will
include: operation and maintenance, stormwater utility maintenance, capital improvement
projects, and miscellaneous expenditures.
As a result of the information obtained and evaluated, CDM will develop an assessment
of the City of Aventura's needs for transitioning the stormwater management utility to the
City's operation. This assessment will include:
Preliminary evaluation of stormwater management program will be prepared, based
on program to be developed by Keith and Schnars.
· Preliminary identification of stormwater management utility needs.
· Preliminary identification of stormwater management utility billing resources.
· Preliminary identification of stormwater management program permitting needs.
· Preliminary identification of other resource needs for stormwater management.
Deliverable
Letter report summarizing existing system and documenting program needs.
Exhibit A
Work Authorization No. 15414.13
Page 3
Data files that will be transitioned to the City of Aventura for their stormwater management
utility.
Schedule
November 5 - December 16, 1996.
TASK 2 - STORMWATER MANAGEMENT IMPLEMENTATION
CDM will assist the City in developing the necessary program and identifying the
necessary resources associated with transitioning the stormwater management utility
system from Dade County to the City. Included in this evaluation will be:
Activities necessary to accomplish this transition will be determined and a timetable
for the transition will be provided.
Resources necessary to establish the stormwater utility will be determined and the
costs associated with those resources will be identified.
· Specific NPDES permit requirements and the associated resources.
Necessary administrative reporting requirements for the stormwater management
utility.
CDM will assist the City in identifying the specific activities and costs associated with
implementing the stormwater management utility transition from Dade County to the City.
Each of the activities specified will be quantified and resOurces necessary for this activity
identified. As this evaluation is concluded, CDM will specify the necessary time for
accomplishing this transition from the Dade County stormwater management utility to the
City of Aventura stormwater management utility.
Technical memorandum outlining program, resources, and schedule.
Schedule
November 18 - December 16, 1996.
Exhibit A
Work Authorization No. 15414.13
Page 4
TASK 3 - STORMWATER MANAGEMENT UTILITY IMPLEMENTATION REPORT
In accordance with the program requirements identified by the City, CDM will produce a
report document summarizing the projected revenues and the recommended activities
necessary for the stormwater management utility transition from Dade County to the City
of Aventura. Included in this document will be the following:
· Executive Summary
· Introduction
· Data Collection/Evaluation
· Program Requirements
· Projected Expenditures and Recommended User Charge
· Programmatic Implementation Schedule/Budget
The draft document will be prepared and five (5) copies will be provided for review by the
City of Aventura. Following receipt of review comments, ten (10) copies of the final
document will be prepared and delivered to the City within 14 calendar days following
receipt of these comments.
Deliverable
Draft and Final Summary Report.
Schedule
December 16 - January 20, 1997 (Draft)
January 24 - February 17, 1997 (Final)
WORK AUTHORIZATION NO. 15414.08
The City of Aventura has requested Work Authorization No. 15414.08, as provided for in
the agreement between the City of Aventura and Keith and Schnars, P.A. and approved
by the City Commission on August 20, 1996.
This Work Authorization No. 15414.08 provides for technical services in accordance with
Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are $48,960.00
Total estimated reimbursables are $3,319.00
Total estimated software expenses are $9.600.00
Total $61,849.00
The time period for this work authorization will be 90 days.
ATTEST
BY
City Clerk
Teresa M. Smith
APPROVED AS TO FORM
BY
City Attorney
Weiss-Serota~ Helfman. P.A.
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M. Soroka
day of ,19
Notice to Proceed Yes __ No
Project Initiation Date.
RECOMMENDED through its
Director of Community Service
BY
Director of Community Service
Robert M. Sherman
day of ,19
Exhibit A
Work Authorization No. 15414.08
Phase I - Primary GIS Data Base
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
October 7, 1996
Exhibit A
WORK AUTHORIZATION NO. 15414.08
Phase I - Primary GIS Data Base
SCOPE OF CONSULTING SERVICES
PREAMBLE
CONSULTANT will develop a Geographic Information System (GIS) digital database for
the City of Aventura. The area to be mapped covers 3.6 square miles. As this database
is one of the primary geographical databases used by the City of Aventura to fulfill its goals
and mission, Keith and Schnars understands the importance of this project. The
CONSULTANT team will make every effort to accelerate the production of the database
and deliver a finished product in as short a time frame as possible. As is outlined in the
following sections, the CONSULTANT will provide data collection, data input and
manipulation, database creation and attribute entry. The final product will be clean,
attributed ARC/INFO GIS coverages.
1.0 Planning Services:
Two phases will be used in the development of the GIS data base. Phase I will be
the Primary Data layers. Phase II will be the Secondary Data layers and continued
development of the GIS database as determined by the City of Aventura. The
deliverables described in Work Authorization No. 15414.08 pertain only to Phase
I - Primary Data layers.
CONSULTANT will provide a digital database using the most current released
version of the ARC/INFO data model. No label errors, dangling arcs, or un-
necessary pseudo-nodes will exist. Each polygon will have only one label point.
Coverages will have consistent topological relationships. All coverages will be
"built" by the ARC/INFO routine. One Polygon Attribute Table (PAT) will be
developed for each coverage.
The following products will be produced as deliverables by Keith and Schnars:
Phs8e I Products
A. Aventura Municipal Boundary - Based on legal description contained in the
City Charter.
B. Parcels - Location based on underlying plats.
C. Zoning - Designations and boundaries based on Dade County Zoning Map.
D. Land Use - Designations and boundaries based on Dade County Future
Land Use Map.
E. Streets - Dimensions based on underlying plats. Major streets will be
labeled.
F. Drainage Systems - Initial location based on NPDES/VVASA.
Software
The GIS Database will be on Arcview software version 3.0 by Environmental
Systems Reseamh Institute, Inc. (E.S.R.I.). The cost of each unit of software is $-
1,200.00. The City of Aventura will be purchasing eight (8) copies.
Hardware
The City of Aventura currently has the most up-to-date hardware available. Since
it will not be necessary to purchase additional hardware at this time, there is a zero
(0) cost in this area.
Map Pro!ections and Coordinates
The coverages will be georeferenced to the Florida State Plane Coordinate System,
East Zone 3601, North American Datum 1983.
Data Dictionary
A complete data dictionary for all geographic databases will be delivered. This data
dictionary will contain the following: data description, name and date of source
documents, code definitions, attribute definitions and coordinate system. Both
hardcopy and digital formats will be provided.
Control of Deliverables
CONSULTANT understands that all deliverables and programs created as part of
this contract will be the exclusive property of the City of Aventura. No information
will be sold or made available to any person, agency or group without the written
authorization of the City of Aventura.
2.0 Engineering Services
The CONSULTANT will coordinate the input of the drainage system data into the
GIS format and review same for accuracy. CONSULTANT will provide quality
assurance/quality control relative to the drainage information utilized in the GIS
database.
3.0 Surveying Services
The CONSULTANT will obtain the underlying approved and recorded plats within
the municipal limits of The City of Aventura and the right of way maps for the
FECRR. The CONSULTANT will coordinate entering this information into the
Primary GIS database. In conjunction with this activity and utilizing the legal
description incorporated in the City Chamber, the CONSULTANT will establish and
input this information into the Primary GIS database in order to establish the City
boundaries.
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.08
TASK NAME:PHASE I-GIS DATABASE
TASK ~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLLARS
Proposal PraparalJon ~
02 Admin. Asst. $35.00
04 Community Ualson 16~ $60.00 $560.0(3
06 CADD OperatorE $65.00
07 Scientist II $75.00
08 Economic/Financial Analyst $75.00
09 Scientist I ~ $60.0O
11 Graphic Designer ~ $60.00
12 Landscape Architect (RLA) ~ $85.00
13 Field RapresentatJve~ $65.00
14 Landscape Designer ~ $65.00
15 Planner (AICP) ~ $75.00
16 Associate Planner ~ $60.00
17 Project Engineer/Designer~ $65.00
18 Project Manager I 442~ $85.00 $37,570.00
19 Professional Engineer (P.E.) ~ $85.00
20 Prof. Land Surveyor (P.LS. & Mapper) ~ $75.00
21 Sanier Project Manager 16 ~J $120~00 $1,920.00
22 Senior Member ~ $175.00
23 Senior Project Engineer ~ $75.00
24 Project Manager II ~ $95.00
25 Technician II ~ $60.00
26 Project Manager III ~ $105.00
29 Technician I ~ $55.00
30 Transportation Planner $65.00
4232 Seni°r Field RapresentatJve Survey Party ~ $60'0~'$65.0C
43 Spec. Survey Party Quote
474 ~
TOTAL HOURS
TOTAL DOLLARS ~
$40,050.00
PROJECT
MANAGER: Peter R Gallo
DEPT. CODE: 17
: KEITH and SCHI~AR$~ P.A.
EN~I~EER~PLANN~RS.suRvEYORs
: ~RO3E~T SUMM~Ry §REE+
PAGE 1 OF 3
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$ $
$1,000.00
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
ARCVIEW 3.0 SOFTWARE
DIGITAL FILES
B. TOTAL DIRECTEXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY:PRG
APPROVED BY: PRG
(Dept. Director)
$1,000.00
$9,600.00
$2,169.00
$11,769.00
$40,050.00 T&M
$52,819.00
DATE: 10/15/96
DATE: 10/15/96
iPROJECT
INUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.08
TASK NAME: MEETINGS - ENGINEERING
TASK ~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLLARS
P~oposal Preparation ~
02 Admin. Asst. $35.0(;
04 Community Liaison ~ $60.0(;
06 CADD Operator ~ $65.0(;
07 Scientist ]1~ $75.0(;
08 Economic/Financial Analyst ~ $75.0(;
09 Scientist I ~ $60.0(;
11 Graphic Designer ~ $6o.o(~
12 Landscape Architect (RLA)~ $85.0(;
13 Field Re~esentative ~ $55.0(;
14 Landscape Designer ~ $65.0C
15 Planner (AICP)~ $75.0C
16 Associate Planner $60.0C
17 Project Engineer/Designer ~ $65.0C
18 Project Manager I 24~ $85.0C $2,040.0(;
19 Professional Engineer (P.E.) ~ $85.0C
20 Prof. Land Surveyor (P.LS. & Mapper) ~ $75.0C
21 Senior Project Manager 24 ~ $120.0C $2,880.0(;
22 Sanior Memper ~ $175.0(;
23 Senior Project Engineer ~ $75.0(;
24 Project Manager Il ~ $95.0(;
25 Technician II ~ $60.00
26 Project Manager III ~ $105.00
29 Technician I ~ $55.00
30 Transportation Planner ~ $65.00
32 Senior Field Representative ~ $60.00
42 Survey Party ~ $85.00
43 Spec. Survey Party Quote
i! HOURS
ITOTAL ~
TOTAL DOLLARS ;~ ~ $4,920.00
PROJECT
MANAGER: Peter R. Gallo
DEPT. CODE: 05
KEITH and SCHI~ARS, P.A.
ENGINEE R.PLAN N E~R$;suRvEYORS
PRoj ~:c-r SUMM~,R~ SHEE~
PAGE 2 OF 3
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
RELATED
EST. COST PRINT NO.
$ $
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: PRG
APPROVED BY: PRG
(Dept. Director)
$4,920.00 T&M
$4,920.00
DATE:10/15~6
DATE: 10/15~6
IPROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.08
TASK NAME: DRAINAGE EVALUATION - ENGINEERING
TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATE DOLLARS
Proposal Prepara~on
92 Admin. Asst. $35.00
~. Community Uaison ~ $60.00
06 CADD Operator ~ $65.00
97 Scientist II~ $75.00
98 Economic/Financial Analyst ~ $75,00
99 Scientist I~ $60.00
11 Graphic Designer ~ $60.00
12 Landscape Architect (RLA) ~ $85.00
13 Field Representative ~ $55.00
14 Landscape Designer ~ $65.00
15 Planner (AICP) ~ $75.00
16 Asseciate Planner ~ $60.00
17 Project Engineer/Designer~ $65.00
18 Project Manager I ~ $85.00
19 Professional Engineer (P.E.) ~ $85.00
20 Prof. Land Surveyor (P.L.S. & Mapper) 40~ $75.00 $3,000.00
~1 Sen/er Project Manager 8~ $120.00 $960.00
->2 Senior Member ~ $175.00
_~3 Senior Project Engineer~ $75.00
24 Project Manager II ~ $95.00
25 Technician II~ $60.00
26 Project Manager II1 $105.00
29 Technician I ~ $55,0C
30 Transportation Planner ~ $65.0¢
32 Senior Field Representative
42 Survey Party $85.0C
43 Spec. Survey Party, .~ Quote
ITOTAL HOURS
!TOTAL DOLLARS $3,960.00
PROJECT
MANAGER: Peter R. Gallo
DEPT. CODE: 05
KEITH and SOHI~ARS, P.A.
ENGINEER~ PLAN NE~RS:Su RVEyoRS
PAGE 3 OF 3
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
DADE CTY. TOWNSHIP MAP
RELATED
EST. COST PRINT NO.
$ $
$150.OO
A. TOTAL REIMBURSABLE EXP
DIRECT EXPENSES:
SU BCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
$150.00
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: PRG
APPROVED BY: PRG
(Dept. Direcfor)
$3,960.00 T&M
$4,110.00
DATE: 10115/96
DATE: 10115/96
04/01/96
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council y~a(~ r
Eric M. Cit
Soroka,
Jaye M Epstein, AICP~Dire~ctor of Community Development
October 21, 1996
Request of Donald Softer, Eugene Kessler, Rita Soffer
Schwartz, Ida Soffer and Bernard Redlich as trustees for Land
Trust SR1 for the City of Aventura to Subordinate Certain
Public Utility Easements to the Florida Department of
Transportation.
November 5, 1996 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council approve the Subordination of City Utility
Interest Agreement, and authorize the appropriate City Officials to execute
same.
DESCRIPTION / BACKGROUND
As the Council is aware, the Florida Department of Transportation (FDOT) is in
the process of acquiring the right-of-way necessary to accommodate the
expansion of Biscayne Boulevard. At the present time, the FDOT is attempting
to acquire right-of-way at the southeast corner of the intersection of Biscayne
Boulevard and NE 191st Street. However, within said right-of-way lies a filet of
land (2,796 sq. ft.) which is encumbered with a public utility easement granted in
favor of the City of Aventura, as a successor in interest to Dade County. The
public utility easement contains a traffic signal appurtenance, which will likely
require relocation as part of this roadway project. The submitted agreements
subordinate the City's interest in the subject property to FDOT. In return, the
FDOT assumes all relocation costs for this traffic control device.
Attachments: Subordination of City Utility Interest Agreements (2)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
SUBORDINATION OF CITY UTILITY INTERESTS FOR
PARCEL NO. 103.5R AND SUBORDINATION OF CITY
UTILITY INTERESTS FOR PARCEL NO. 103.4R BY AND
BETWEEN THE CITY OF AVENTURA AND THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Subordination of City Utility Interests for Parcel No. 103.5R and Subordination of City
Utility Interests for Parcel No. 103.4R by and between the City of Aventura and the
State of Florida Department of Transportation.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3~ This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
10/23/96 10:39 WEIS SEROTA EELF ~002
WEISS SEROTA ~c HELF)4^N, P. Jx.
ATTORNEYS AT rAW
October 17, 1996
Mr. Ralph P. Maxon
District Right of Way Manager
State Departmen~ of Transportation
1000 N.W. 111 Avenue, Room 6116
Miami, FL 33172
Subordination of City of Aventura
Utility Easement Interests for Parcel
of Project 87030-2570
103
Dear Mr. Maxon:
We are in receip= of the proposed Subordination of City
Utility Interests (the "Documents,.) as prepared by the F.D.O.T.
The City of Aventura (the "City") has no objection to subordinating
the interests described in such Documents, However, because of
time constraints, the City is unable to execute the Documents prior
to the anticipated closing date of October 21, 1996. We expect
that the Documents will be executed immediately following the City
Council meeting of November 5, 1996.
Please advise if anything further is required at this time.
DMW\bk\328001
cc:
Yours very truly,
David M. Wotpzn
Eric Soroka, City Manager
Jaye Epstein, Director of Building & Zoning
Turnberry Associates
$.R. 5 FD. CAS P.C.P. NAIL
I~ STA, 507+00,489 = +00.404
N,E, 19Is± STREET ~ 16,444m(53,95') LT,~
I~ STA. 30+00.000 ____~ __
FD. O.025md') I.P. ~ 7 ........ .' -. ~
LS 2262 . . .
+~ ,~= ,~. A=89 42 16 ~-- SET PK NA~ o
~o'~J~ ~ L=II.93.0m(39.1~'-C) /BRS. WASH. ~
M95m(%92')RT. CB=N42'43'47'E (C) LB~696~
N02°O 7'21"W i--i-..~_
) 45.760m(150.13'-C)
NO2'OT'21'W
45.382m(148.89'-C)
S02'07'21'E
P(WED PARKINO
R/W LINE
4.725m
(15.50'-C)
1.219m
(4.00'~C)
LL]
g
SHEET
6
R/W
(19.50'-C)RT.
R=8.000m(2B.25'-C)
A=89'42'16" (C)
L=I2J
X (I.524m(5')
TRAFFIC SIGNAL ESMT
ORB. ;, PG.7.20
5.944m
(19.50'-C)RT,
SUBDIVIDED
~89.893(C)
13,903m
(45.61'-C)RT.
FD. CUT NAIL
:30+29.063
ON LINE('!
SEE
SHEET 6
iI
D. NAIL/P.C,
LS"2262
30+91.440 (F)
10.659m(34.97')RT.
N.E. COR., S.W. I/4,
SEC. 03-52-42
NOT FOUND
NOTE-' FD, 0,102m(4') SO, P.R,M.
W/DISK#2094
N; (+)0,128m(0,42')
E; (+)0.058m(0,19')
18.288n
(60'-P)'
ONE STORY
STEEL/ALUMINUM
BUSINESS
PAVED PARKING
THIS IS NOT A --Y
BISCAYNE BOULEVARD
S
3JUS. FLORIDA
19. PG. 24
FLOR[DA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SURVEYING AND MAPPING
RIGHT OF WAY MAP
TRACED
CHECKED
STATE ROAD
BY DATE
ORAWN CAOD JULY 94
D,WICHSER JULY 94
J.EDGAR JULY 94
PREPARED BY
NO.5(U.S. NO. I ) DADE COUNTY
APPROVED BY DATE
~)'[STR]CT RIGHT OF WAY SURVEYOR
FIELD BOOK NO. '$
23-UTL. 04-06/93
This instrument prepared by,
or under the direction of,
D. Michael Schlose, Esq.
District General Counsel
State of Florida
Department of Transportation
September 20, 1995 - NE
Parcel No. :103.4R(10-10-96)
Project No.:87030-2570
W.P.I. No. :6113372
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREE~4E~T, entered into this day of ,
199 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, and CITY OF AVENTURA,
hereinafter called City.
w I T N E S S E T Ht
WHEREAS, the City presently has an interest in certain lands
that have been determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes
will require subordination of the interest claimed in such lands by
City to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the City's
facilities relocated if necessary to prevent conflict between the
facilities So that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and
promises of the parties hereto, City and FDOT agree as follows:
City hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands as
follows, viz:
PARCEL 103 SECTION 87030-2570
A portion of the NW% of the SW¼ of Section 3, Township 52 South,
Range 42 East, Dade County, Florida, being more particularly
described as follows:
COM]4ENCE at the Northwest corner of the Westerly 138.943 meters
(455.85 feet) of Tract "B", R~GINA SQUARE SUBDIVISION, according to
the plat thereof as recorded in Plat Book 113, at Page 27, of the
P~blic Records of Dade County, Florida, this point lying on the
Easterly Right of Way line of State Road No.5 (U.S. No.1/Biscayne
Boulevard), as shown on said plat and on the State of Florida State
Road Department R/W Map Project No. 41, now known as Section 87030-
2201, as reoorded in Plat Book 34, at Page 53, of said Public
Records of Dade County, Florida; thence run N02°OT,21,,W, along said
Easterly Right Of Way line of State Road No. 5, for a distance of
76.721 meters (251.71 feet), to the point of intersection with a
line 64.008 meters (210.00 feet) Southerly of and parallel with the
North line of the NW¼ of the SW¼ of said Section 3, said point of
intersection being the POINT OF BEGINNING of the parcel of land
hereinafter to be described; thence continue N02°07,21,,W, along
said Easterly Right of Way Line of State Road No. 5, for a
distance of 45.760 meters (150.13 feet), to the point of curvature
of a circular curve concave to the Southeast; thence run
Northwesterly, Northerly and Northeasterly, along the arc of said
circular curve to the right having a radius of 7.620 meters (25.00
feet), through a central angle of 89'42'16", for an arc length of
11.930 meters (39.14 feet), to the point of tangency with a line
10.668 meters (35.00 feet) Southerly of and parallel with the North
line of the NW¼ of the SW¼ of said Section 3, said line being the
Southerly Right of Way line of N.E. 191st Street, as described in
1of 4
Right of Way deed to Dads County recorded in Official Record Book
12775, at ~age 987 of said Public Records of Dads County, Florida;
thence run N87°34~55"E, along last described line for a distance of
5.224 meters (17.14 feet) to a point of cusp and the point of
curvature of a cirCUlar curve concave to the Southeast~ thence run
Southwesterly, Southerly and Southeasterly, along the arc of said
circular curve to the left, having a radius of 8.000 meters (26.25
feet) through a central angle of 89°42~16", for an arc distance of
12.525 meters (41.09 feet), to the point of tangency with a line
lying 4.846 meters (15.90 feet) Easterly of and parallel with said
Easterly Right of Way line of State Road No. 5; thence run
S02~07~21"E, along last described parallel line for a distance of
45.382 meters (148.89 feet) to the point of intersection with the
above mentioned line being 64.008 meters (210.00 feet) Southerly of
and parallel with the North line of the NW¼ of the SW¼ of said
Section 3; thence run S87°34~55t~W along last described parallel
line, for a distance of 4.846 meters (15.90 feet), to the POINT OF
BEGINNING.
Containing 259.8 square meters (2,796 square feet), more or less.
~/OH/12/13/94
MR/OH/09/08/95/R
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
TRAFFIC 10-06-86 DONALD SOFFER DADE COUNTY 13563-720
SIGNAL as to an
EASEMENT undivided
70.155%, EUGENE
KESSLER, as to
an undivided
14.05%, RITA
SOFFER SCHWARTZ
as to an
undivided 15%,
and IDA SOFFER
REIS, as to an
undivided .795%
PROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain,
improve, add to, upgrade, remove, and relocate facilities on,
within, and upon the lands described herein in accordance with
the FDOT's current minimum standards for such facilities as
required by the FDOT, Utility Accommodation Manual in effect
at the time the agreement is executed. Any new construction
or relocation of facilities within the lands will be subject
to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by
the City or require the City to alter, adjust, or relocate its
facilities located within said lands, the FDOT hereby agrees
to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring
appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of
the utility permits shall supersede any contrary provisions,
with the exception of the provision herein with reimbursement
rights.
2 of 4
The city shall have a reasonable right to enter upon the lands
described herein for the purposes outlined in Paragraph 1
above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities,
provided that such rights do not interfere with the operation
and safety of the FDOT~s facilities.
The City agrees to repair any damage to FDOT facilities and to
indemnify the FDOT against any loss or damage resulting from
the City exercising its rights outlined in Paragraphs i and 3
above.
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered
in the presence of witnesses:
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
(Signature)
(Prin~/Type)
(Signature)
(print/Type)
By:
(Signature}
JOSE ABREU
District Secretary
for District VI
1000 N.W. 111th Avenue
Miami, Florida 33172
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
Secretary for District VI, who is 199 , by JOSE ABREU, District
personally known to me or who has
produced as identification, and who did
(did not) take an oath.
(Signature)
(Print/Type)
Notary Public in and for the
County and State last aforesaid
My Commission Expires:
3 of 4
IN WITNESS WH~EOF, the City has caused these presents to be
executed in its name by its Board of City Commissioners acting by
the Chairperson or Vice-Chairperson of said Board, the day and year
aforesaid.
ATTEST=
Clerk (or Deputy Clerk)
CITY OP AVENTUI~,
By Its Board of City
Commissioners
By:
{Signature)
(Print/Type}
(Address)
(Address)
Its Chairperson
(or Vice-Chairperson)
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this __
day o~ ., 199 , by
Chairperson (or vice-chairperson) board of City Commissioners, wh~
is personally known to me or who has produced
aa identification, and who did (did not) take an oath.
( Signature )
(Print/Type)
Notary Public in and for the
county and State last aforesaid.
My Commission Expires:
4 of 4
'a~.WW OF DA~ :
,,. 13563,o 720
~115 ~I~T, n~ this ~, I~' clay of ? ~, I r ~, f ~. , 1986,
~divi~ 14.05%; R~A ~ SG~, as to an ~divi~ 15.0%1 a~
~ ~IS, ~ to an ~ivi~ .795{, as t~ first ~ty, ~d t~
~t ~ fit~ ~q, ~ ~i~ratl~ of t~ s~ of ~ ~
ledg~, he%e~ g~ant~ unto t~ second ~rty an eas~ent, liceflse and
p~iv~l~e ko enter ~n, and to ~rfo~ a~ acts =~uired for the
~*~]a~ ~~ of ~ ~r~fffq con~oI ~1onal eoul~nt box
for th~ p~ O~ mtnt~nanc~ of thc trsffic
upon th~ roll.lng ~i~d land In the ~ty of ~de and S~te ot
8~ ~9~ 44w ~ 5.00 f~%
~s patt~ ot tam first pazt rill de£ead ~ title tl~reto ~alr~t ~11
first above wrl~.:.~,..~ S~mps ~ { 0 ' --...
c~ ~ Im~lb~ Tax ~ $ -- ,
2R75 N.Z. 191 Streac
.~3r~t~ to me m~ll kr~ and he ackno~le~ge~ before me trot ~e e
[ore~o].~ instrument for the purposes therein exp~en~ed.
M~ ~ssto~ e~l~es~
WITNESS my lmnd a~d seal in the County ,and State last aforesaid this
/ ~,l,~:~, ~' ~ '
/ .
~ to me ~ knmm and he a ~ before me ~t ~e e~mCuted
the ~ore<jo~mg instrment ~ot the ~ ~e~ ~.
,~ 13563~
CROWDgR~ MAHONEY~ MAKOWSKI~ RIG~', IN(::.
23-UTL.04-06/93
This instrument prepared by,
or under the direction of,
D. Michael Schloss, Esq.
District General Counsel
State of Florida
Department of Transportation
September 20, 1995 - NE
Parcel No. :103.5R(10-10-96)
Project No.:87030-2570
W.P.I. NO. :6113372
EUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of .,
199 ., by and between the STAT~' OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, and CITY OF AVENTURA,
hereinafter called City.
WI TNE S SETH:
WHEREAS, the City presently has an interest in certain lands
that have been determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes
will require subordination of the interest claimed in such lands by
City to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the City*s
facilities relocated if necessary to prevent conflict between the
facilities so that the benefits of each may be retained.
NOW, THEREFORE, in COnSideration of the mutual covenants and
promises of the parties hereto, City and FDOT agree as follows:
City hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands as
follows, viz:
PARCEL 103 SECTION 87030-2570
A portion of the NW~ of the SW¼ of Section 3, Township 52 South,
Range 42 East, Dade County, Florida, being more particularly
described as follows:
COM}{ENCE at the Northwest corner of the Westerly 138.943 meters
(455.85 feet) of Tract "B", REGINA SQUARE SUBDIVISION, according to
the plat thereof as recorded in Plat Rook 113, at Page 27, of the
Public Records of Dade County, Florida, this point lying on the
Easterly Right of Way line of State Road No.5 (U.S. Nc.i/Biscayne
Boulevard), as shown on said plat and On the State of Florida State
Road Department R/W Map Project No. 41, now known as Section 87030-
2201, as recorded in Plat Book 34, at Page 53, of said Public
Records of Dade County, Florida; thence run N02°07~21.W, along said
Easterly Right of Way line of State Road No. 5, for a distance of
76.721 meters (251.71 feet), to the point of intersection with a
line 64.008 meters (210.00 feet) Southerly of and parallel with the
North line of the NW¼ of the SW¼ of said Section 3, said point of
intersection being the POINT OF BEGINNING of the parcel of land
hereinafter to be described; thence continue N02°07,21.W, along
said Easterly Right of Way Line of State Road No. 5, for a
distance of 45.760 meters (150.13 feet), to the point of curvature
of a circular curve concave to the Southeast; thence run
Northwesterly, Northerly and Northeasterly, along the arc of said
Circular curve to the right having a radius of ?.620 meters (25.00
feet), through a central angle of 89°42~16., for an arc length of
11.930 meters (39.14 feet), to the point of tangency with a line
10.668 meters (35.00 feet) Southerly of and parallel with the North
line of the NW¼ of the SW¼ of said Section 3, said line being the
Southerly Right of Way line of N.E. 1918t Street, as described in
Right of Way deed to Dade County recorded in Official Record Book
i of 4
12775, at Page 98? Of said Public Records of Dade County, Florida;
thence r~n N87°34~55.E, along last described line for a distance of
5.224 meters (17.14 feet) to a point of cusp and the point of
curvature of a circular curve concave to the Southeast; thence run
Southwesterly, Southerly and Southeasterly, along the arc of said
circular curve to the left, having a radius of 8.000 meters (26.25
feet) through a central angle of 89°42~16., for an arc distance of
12.525 meters (41.09 feet), to the point of tangency with a line
lying 4.846 meters (15.90 feet) Easterly of and parallel with said
Easterly Right of Way line of State Road No. 5; thence run
S02°07~21"E, along last described parallel line for a distance of
45.382 meters (148.89 feet) to the point of intersection with the
above mentioned line being 64.008 meters (210.00 feet) Southerly of
and parallel with the North line of the NW¼ of the SW¼ of said
Section 3; thence run S87°34~55.W along last described parallel
line, for a distance of 4.846 meters (15.90 feet), to the POINT OF
BEGINNING.
Containing 259.8 square meters (2,796 square feet), more or less.
AP/OH/12/13/94
mVO~lO~/OS/95/a
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
TRAFFIC 10-06-87 DONA~LD SOFFER DADE COUNTY 13563-718
SIGNAL AND BERNARD
EASEMENT REDLICH, as
iTrustees for
LAND TRUST SR-1
PROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain,
improve, add to, upgrade, remove, and relocate facilities on,
within, and upon the lands described herein in accordance with
the FDOT's current minimum standards for such facilities as
required by the FDOT, Utility Accommodation Manual in effect
at the time the agreement is executed. Any new construction
or relocation of facilities within the lands will be subject
to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by
the City or require the City to alter, adjust, or relocate its
facilities located within said lands, the FDOT hereby agrees
to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring
appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of
the utility permits shall supersede any contrary provisions,
with the exception of the provision herein with reimbursement
rights.
3. The City shall have a reasonable right to enter upon the lands
described herein for the purposes outlined in Paragraph 1
above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities,
provided that such rights do not interfere with the operation
and safety of the FDOT's facilities.
4. The City agrees to repair any damage to FDOT facilities and to
2 of 4
indemnify the FDOT against any loss or damage resulting from
the City exercising its rights outlined in Paragraphs i and 3
above.
IN WITNESS WHEREOF, the Department hereto has executed this
agreement on the day and year firet above written.
Signed, sealed and delivered
in the presence of witnesses:
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
(Signature)
(signature)
(Print/Type)
By:
(Signature)
JOSE ABREU
District Secretary
for District VI
1000 N.W. 111th Avenue
Miami, Florida 33172
STATE OF FLORIDA
COUNTy OF
The foregoing instrument was acknowledged before me this
day of , 199 , by JOSE ABREU, District
Secretary for District VI, who is personally known to me or who has
produced as identification, and who did
(did not) take an oath.
(Signature)
(Print/~ype)
Notary Public in and for the
County and State last aforesaid
My Commission Expires:
3 of 4
IN WITNESS WHEREOF, the City has caused these presents to be
executed in its name by its Board of City Commissioners acting by
the Chairperson or Vice-Chairperson of said Board, the day and year
aforesaid.
ATTEST:
(Signature)
(Print/Tyf~)
Clerk (or Deputy Clerk)
CITY OF AVENTURA,
By Its Board of City
Commissioners
By:..
(Signature)
(Print/Type)
(Address)
(Address)
Its Chairperson
(or Vice-Chairperson)
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of.. , 199. , by
Chairperson (or Vice-chairperson) board of City Commissioners, wh~
is personally known to me or who has produced
as identification, and who did (did not) take an oath.
(Signature)
(Print/Type)
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:..
4 of 4
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ADOPTING "THE CITY OF
EXCELLENCE" AS THE CITY OF AVENTURA'S
SLOGAN; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council hereby adopts "The City of Excellence" as the
official slogan of the City.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
, who
, and
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICEOFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City/~r~
October 30, 1996
Agreement for Professional
Services
Legislative Relations and
Lobbying
November 5, 1996 City Council Agenda Item
Recommendation
As previously discussed at the October Workshop Meeting, it is recommended that the
City Council obtain Legislative Relations and Lobbying Services to assist the City in
securing Federal and State grant funds, promoting intergovernmental cooperation and
representing the City before the State Legislature on issues relative to Aventura
residents. The attached agreement is with Ronald Book, who represents various cities
in Dade and Broward County.
Backqround
The major points of the Agreement are as follows:
· A start-up annual fee of $30,000 for the first year.
· The Agreement can be cancelled with thirty day's notice.
A workshop will be scheduled in the near future to establish Legislative Programs and
Priorities for 1997, that will be assigned to Mr. Book.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0143-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED CONTRACT
FOR PROFESSIONAL LEGISLATIVE RELATIONS AND
LOBBYING SERVICES BETWEEN THE CITY OF
AVENTURA AND RONALD L. BOOK, ESQ. AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
contract for professional legislative relations and lobbying services between the City of
Aventura and Ronald L. Book, Esq.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember ., who
moved its adoption. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Resolution No.
Page 2
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of , 1996, by and
between the City of Aventura, a Florida Municipal corporation ("CITY") and Ronald L. Book, Esq.
("BOOK"), an attorney and member of the Florida Bar, doing business as Ronald L. Book, P.A.
THE PARTIES HERETO DO COVENANT AND AGREE, AS FOLLOWS:
I. PURPOSE
The purpose of this Agreement is to provide for the CITY to retain the professional
services of BOOK for coordination of the CITY'S legislative relations and for lobbying
requirements, as described in paragraph II herein below.
II. SERVICES
A. BOOK shall provide all necessary legislative relations and lobbying services
to the City of Aventura. Such services shall include work for the purpose of securing funds and
grants for various purposes from State, Federal and other sources, promoting intergovernmental
cooperation in achieving the CITY'S objectives, and securing funds and grants for parks and
recreation purposes, crime prevention, economic development, and other purposes. BOOK shall
regularly report the status of his efforts to the City Manager and/or the City Attorney.
III. COMPENSATION
A. For all professional services provided by BOOK hereunder as described in
paragraph II, the CITY shall pay BOOK annual compensation of Thirty Thousand ($30,000.00)
Dollars, payable in equal monthly installments on or before the 20th day of each month of the term
hereof.
B. In the event that an extraordinary matter arises hereunder which itself
substantially consumes the time, effort and resources otherwise available, the CITY may, at the City
Council's discretion, provide additional reasonable compensation to BOOK.
IV. EFFECTIVE DATE, DURATION
This Agreement shall be effective immediately from and after October 1, 1996 and
shall be for an initial term of two (2) years and shall be subject to renewal upon such terms as the
parties mutually agree.
V. TERMINATION
Either party hereto, at its discretion, may terminate this contract at any time, upon
thirty (30) days advance written notice to the other. In the event of such termination, reimbursement
for costs previously incurred shall be provided under paragraph VIII below.
VI. PRIORITY
BOOK shall not be prohibited from representing or providing the like services to
other persons and entities beside CITY, so long as BOOK shall avoid any representation or relation
which would create an adversarial (litigation against the City) conflict of interest, as determined by
the City Attorney. Further, BOOK shall not take on any client or matter which would jeopardize
BOOK'S ability to devote the time, resources and effort necessary to fulfill his obligations to CITY
hereunder.
VII. MALPRACTICE INSURANCE
BOOK shall carry lawyer's professional malpractice insurance or other form of
insurance, which shall provide coverage of not less than $500,000.
VIII. PROCESSING OF COSTS
BOOK shall be reimbursed by CITY for reasonable costs, including travel expenses,
telephone, copying fees, federal express and postage, unless paid in advance by the CITY. Such
costs shall not exceed Ten Thousand ($10,000.00) Dollars on an annual basis, unless approved by
the City Manager.
IX. NOT ASSIGNABLE
This Agreement shall not be subject to assignment by either party hereto.
IN WITNESS WHEREOF the undersigned parties have executed this Agreement
on the date indicated above.
WITNESSED:
BY:
RONALD L. BOOK, P.A.
RonaldlT. Book, Esq.
CITY OF AVENTURA
BY:
City Manager
ATTEST:
Deputy City Clerk
APPROVED:
City Attorney
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
October 25, 1996 '-' ~
1995/96 Fiscal Year Budget Amendment
November 5, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached budget amendment in the
amount of $21,000 to finalize the 1995/96 fiscal year budget.
BackRround
The Ordinance that adopted the 1995/96 fiscal year budget established budgetary
control by department. If a specific department exceeded its original appropriations or
estimate, a budget amendment resolution is required to be presented to the City
Council. As you are aware, the original budget that was developed in June for fiscal
year 1995/96 was a best guess estimate. Under the cimumstances that this was the
City's first budget and budgetary history was not available, an estimated budget
document was adopted.
As outlined in the Budgetary Report for September, 1996, while total expenditures were
significantly less than budgeted, there were a couple of departments where the total
actual expenditures exceeded the total appropriations for the department. These
departments are City Council and City Attorney. The City Council Budget requires a
$9,000 amendment due to under estimates associated with salaries, office supplies and
seminars. The City Attorney's budget requires a $12,000 amendment to reflect
additional legal requirements beyond what was originally estimated.
The total amendment is for $21,000 and is being transferred from the Capital Reserve.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ADJUSTING THE 1995196
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1995/96 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section I. The recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. The City Council authorizes the revisions to the current budget as
are set forth on the attached Exhibit "A" which are deemed incorporated by reference
as though set forth in full herein.
Section 3. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section4. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 2
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
, who
, and
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL
SUFFICIENCY:
CITY ATTORNEY
EMS~ms
EXHIBIT "A"
GENERAL FUND- 01
SOURCE OF FUNDS
DEPARTMENT
ACCOUNT
DESCRIPTION
BUDGET
CODENO.
AMOUNT
CAPITAL OUTLAY
CAPITAL REVENUE
6999
$21,000
"FROM TOTAL"
$21,000
$21,000
TOTAL SOURCE OF FUNDS
USE OF FUNDS
CITY COUNCIL
COUNCIL SALARIES 1200
OFFICE SUPPLIES 5100
CONFERENCES/SEMINARS 5420
$ 3,000
2,000
4,000
LEGAL
SUBTOTAL
PROFESSIONAL SERVICES
LEGAL
3120
$ 9,000
$12,000
$21,000
$21,000
TOTAL USE OF FUNDS
"TO TOTAL"
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit
Harry M. Kilgore, Fi"nanc'c~,'
~rt Services Director
October 29, 1996
Agreement for Bond Counsel
November 5th, 1996 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution which authorizes
the City Manager to execute the Agreement specifying scope of services and fees for
Nabors, Giblin & Nickerson to serve as the City's Bond Counsel for future financing
programs.
Back_~round
In order to complete the City's team of consultants for future financing programs, the
City has gone through a Request for Proposals for a firm to serve as Bond Counsel.
The RFP was advertised in the October 12th and 13th editions of The Miami Herald. We
sent notices by fax to all firms who had requested to be included on our RFP list and all
firms included in the "Red Book" as Bond Counsels with offices in Miami and Fort
Lauderdale. A total of twenty-nine (29) firms were faxed notice of the availability of the
RFP and twelve (12) firms were faxed or picked up copies of the RFP (Attachment 1).
We received sealed proposal packets from nine (9) firms on October 18th (Attachment
2). The written proposals were critiqued by a Review Committee consisting of the City
Manager and Finance Support Services Director. Based on that review, we evaluated
each firm and developed a ranking of firms (Attachment 3). A short list of four (4) firms
was established and each made presentations to the expanded Review Committee
including Debbie Zomermaand from Rauscher Pierce Refsnes (our Financial Advisor
firm).
Page (2)
Agreement for Financial Advisory Services
Based on the presentation and written proposals, the expanded Review Committee
again evaluated the four short listed firms. The final rankings were:
1. Nabors, Giblin & Nickerson
2. Ruden McCIosky Smith Schuster & Russell
3. Squire Sanders & Dempsey
4. Greenberg Traurig Hoffman Lipoff Rosen & Quentel
A summary of the evaluation results is attached (Attachment 4). Similar to the Financial
Advisor, there was no clear winner. All three members of the expanded Review
Committee believe that each of these firms is capable of serving as our Bond Counsel
and there was strong support for the three top rated firms. Therefore, the rankings of
the firms was very close among the number 1, 2 & $ rated firms. However, by a narrow
margin, the above rankings were established. Nabors, Giblin and Nickerson (the top
ranked firm) was ranked #1 by one committee member, tied for #1 by another and #3
by the third member.
We also reviewed the contracts and fee structure proposed by all the firms. The fees
proposed by Nabors, Giblin & Nickerson was comparable to (in fact lower than) those
proposed by the other firms. Their contract was generally acceptable but we wanted to
further negotiate fees and reduce any possibility of additional costs because their firm is
located in Tampa. They agreed to further reduce their fees and to specifically state that
they will not be reimbursed for any travel within the State of Florida. Therefore, we
believe that the contract is very favorable to the City. Accordingly their contract is
included as part of the agenda packet. As an example, fees for a $10,000,000 revenue
bond issue would be $15,000.
Based on the information in the previous paragraphs, the expanded Review Committee
recommends adoption of the resolution authorizing execution of the contract with
Nabors, Giblin & Nickerson to serve as Bond Counsel for the City's upcoming financing
programs.
A copy of the Request for Proposal, all written proposals and evaluation forms are
available for inspection in the Finance Support Services Department.
Should you have any questions, please feel free to contact me.
HMK/mn
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF
NABORS, GIBLIN & NICKERSON, P.A. TO SERVE AS
BOND COUNSEL; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT; AGREEING TO
THE SCOPE OF SERVICES AND FEES CONTAINED IN
SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura has requested proposals from firms to serve as
bond counsel for prospective financing programs; and
WHEREAS, said proposals were evaluated by a Review Team consisting of the
Director of Finance Support Services and the City Manager, with assistance from the City's
financial advisory firm, Rauscher Pierce Refsnes, Inc; and
WHEREAS, said Review Team recommends that the top three ranked firms, based
on the firms' experience and qualifications, be: 1) Nabors, Giblin & Nickerson, P.A.; 2)
Ruden, McCIosky, Smith, Schuster & Russell, P.A.; and 3) Squire, Sanders & Dempsey,
L.L.P.; and
WHEREAS, City staff recommends that a contract be entered into with Nabors,
Giblin & Nickerson, P.A. providing for said firm to serve as bond counsel, and the City
Council concurs with said recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Nabors, Giblin & Nickerson, P.A. be and the same is
hereby selected to serve as bond counsel for the City.
Section 2. This firm has been selected on the basis of their experience and
qualifications. However, as part of their proposal, they included a proposed contract and
basis of fee.
Section 3. The City Manager is hereby authorized to execute the attached
agreement for bond counsel between the City and Nabors, Giblin & Nickerson, P.A. and
whereby the City Council agrees to the scope of services and fees.
Section 4. This Resolution shall become effective immediately upon its adoption.
Resolution No.96-__
Page 2
The foregoing Resolution was offered by Councilmember
its adoption. The motion was seconded by Councilmember
to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
, who moved
and upon being put
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
H K/tms
AGREEMENT BETWEEN
CITY OF AVENTURA, FLORIDA
AND
NABORS, GIBLIN & NICKERSON, P.A.
THIS AGREEMENT is entered into as of the day of November, 1996, between
the CITY OF AVENTURA, FLORIDA (the "City"), a municipal corporation established
pursuant to the laws of the State of Florida, and NABORS, GIBLIN & NICKERSON, P.A.
CNabors, G-iblin & Nickerson"), a Florida professional service corporation.
PURPOSE:
The City plans to develop and facilitate transactions wherein it shall from time to time
issue bonds (the "Bonds").
The City desires to engage Nabors, Giblin & Nickerson as bond counsel in connection
with the issuance and sale of the Bonds on the terms and conditions hereinafter set forth.
Nabors, Giblin & Nickerson desires to accept engagement as bond counsel for the
City in connection with the issuance and sale of the Bonds on the terms and conditions
hereinafter set fol~h.
THEREFORE, in consideration of the premises, which shall be deemed an integral
part of this Agreement, and of the covenants and agreements herein contained, the City and
Nabors, Giblin & Nickerson, intending to be legally bound thereby, agree as follows:
1. BOND COUNSEL - SCOPE OF WORK, Nabors, Giblin & Nickerson shall
serve as bond counsel to the City in connection with the issuance of Bonds. The duties of
Nabors, Giblin & Nickerson as bond counsel shall include the following:
1.1
Consultation with City officials and staff concerning all legal questions
relating to the issuance of the Bonds, including review of proposed financing
programs as to feasibility, compliance with applicable law and pending or
proposed revisions of the law, including U.S. Treasury regulations;
1.2
Attendance, upon request, at any meeting of the City Council or any meeting
of staff, the City's fmancial advisor, nnderwriters, rating agencies and others
as appropriate relating to the issuance of the Bonds or dissemination of
information in connection therewith;
1.3
Advise as to structuring procedures, required approvals and filings, schedule
of events for timely issuance, potential cost-saving techniques and other legal
matters relative to issuance of the Bonds;
1.4
Preparation of all ordinances or resolutions, including any amendments
thereto, relating to the Bonds, in cooperation with the City staff, the City's
financial advisor and the City Attorney;
1.5
Preparation of any mast indenture; escrow deposit agreement, registrar or
paying agent agreement; and any other agreements or similar documents
necessary, related or incidental to the Bonds;
1.6
Preparation of all pleadings and other documentation required in connection
with validation of the Bonds, and appearance as attorneys of record with the
City Attorney, if requested, at the validation hearing;
1.7
Review the transcript of all proceedings in connection with the foregoing and
indicate any necessary corrective action;
1.8
Review of all disclosure documents prepared or authorized by the City, insofar
as such documents describe the Bonds and summarize the documents securing
the Bonds;
1.9
If the sale of the Bonds is by competitive bid, assist in the preparation of the
bid documents, notice of sale, evaluation of bids and other documentation or
action necessary to conduct a sale of the Bonds in that manner;
1.10 Prepare, obtain, deliver and file all closing papers necessary in connection
with the sale and issuance of the Bonds;
1.11 Supervision of the printing of the Bonds (if printed Bonds are utilized);
1.12 Review all underwriting proposals;
1.13
Provision of an opinion in written form at the time the Bonds are delivered,
which opinion shall cover (i) the legality of the Bonds and the proceedings by
which they are issued, (ii) if applicable, the exclusion from gross income for
federal income tax purposes of interest paid on the Bonds, and (iii) such other
issues that are customarily required of bond counsel; and
2
I. 14 Consultation with City officials and City staff concerning questions that may
arise with regard to the Bonds.
2. FEES AND EXPENSES. The City shall pay to Nabors, Giblin & Nickerson,
compensation for services rendered as bond counsel fees based on the following schedule:
General Obligation Bonds
Minimum fee: $12,500
$1.25 per bond for the first $10,000,000;
$1.00 per bond thereafter
Revenue Bonds
Minimum fee: $15,000
$1.50 per bond for the first $10,000,000;
$1.00 per bond thereafter
Line of Credit transactions
$7,500 initial fee
$1,000 per draw thereafter
Circuit Court validation
$5,000
In the context of above-referenced schedule, a Bond is a $1,000 increment of the principal
amount of Bonds issued. Payment of the fee described in this Section 2 shall be contingent
upon successful issuance of the Bonds. Depending on the complexity, or lack thereof, of the
legal work associated with the issuance of Bonds, the above fee schedule can be adjusted up
or down upon the written consent of both patties.
3. OTHER LEGAL WORK, Nabors, Giblin & Nickerson may be requested by
the City to provide the City legal work which is outside of the normal scope of bond counsel
services. Such services shall be provided by Nabors, Giblin & Nickerson only upon the
request of the City. The City agrees to compensate Nabors, G-iblin & Nickerson for the legal
work described in this Section 3 which is authorized by the City at the rate of $140 per hour.
4. PAYMENT FOR EXPENSES AND COSTS. Nabors, Giblin & Nickerson
shall not be reimbursed for airfare or hotel charges incurred within the State of Florida as
bond counsel to the City; all other travel expenses shall be reimbursed to Nabors, Giblin &
Nickerson in accordance with Chapter 112, Florida Statutes. Nabors, Giblin & Niekerson
shall complete expense account forms and attach out-of-pocket expenses. Nabors, Giblin
& Nickerson shall be reimbursed for all telephone calls made in relation to the issuance of
any Bonds. Nabors, Giblin & Nickerson shall be reimbursed for actual out-of-pocket
expenses, including but not limited to: stenographic recording and transcription services,
copying, recording, filing and certification fees, postage, courier service, overnight mail,
3
telegrams, etc. Nabors, Giblin & Nickerson shall be reimbursed at $.20 per copy for
photocopies. Payment for expenses listed in this Section 4 shall not be contingent upon
whether the Bonds are sold.
5. TERM OF AGREEMENT. This Agreement is terminable by either party
upon 60 days written notice to the other party.
6. CONFLICT OF INTEREST. It is understood by the City and Nabors, Giblin
& Nickerson that Nabors, Giblin & Nickerson represents no other clients that currently
present conflicts between the interests of the City and other clients of Nabors, Giblin &
Nickerson. If any conflict of interest arises during the time Nabors, Giblin & Nickerson
is representing the City as bond counsel on a Bond issue, Nabors, Giblin & Nickerson
will notify the City and, if the conflict cannot be avoided to the satisfaction of the City,
Nabors, Giblin & Nickerson must immediately cease fmrther representation of the other
client regarding the particular matter which gave rise to the conflict. It is the further
intent of the parties that this Agreement shall not serve as a limitation or restriction on
Nabors, Giblin & Nickerson in representing other clients except to the extent that such
other representations are limited or restricted by law or the ethical rules pertaining to
attorneys.
7. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by, and construed in accordance with, the laws of the State of Florida. This
Agreement may be amended only in writing duly entered into by the City and Nabors,
Giblin & Nickerson.
IN WITNESS WHEREOF, the City and Nabors, Giblin & Nickerson have
executed this Agreement on the date first written above.
ATTEST:
CITY OF AVENTURA, FLORIDA
By:
Teresa M. Smith, CMC
City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
Eric M. Soroka
City Manager
NABORS, GIBLIN & NICKERSON, P.A.
By:
Shareholder
NABORS, GJBLIN & NICKERSON, ~. A.
ATTORNEYS AT LAW
~$O~ ROCKY F~OINT [:)RIVE
TAMPA~ FLORIDA 33607
Nabors, Giblin & Nickerson, P.A. is a Florida based firm with offices in Tampa, Orlando
and Tallahassee. The Firm was established in August 1984. The Firm specializes in public
finance and general governmental and administrative law.
The Finn has represented numerous municipalities, counties and special districts in Florida
in its local government finance practice, as both bond counsel and underwriter's counsel.
Representative bond counsel clients of the Firm are: Alachua County, Bay County, Charlotte
County, Clay County, Collier County, Dixie County, Hamilton County, Hendry County,
Hillsborough County, Lafayette County, Lake County, Lee County, Levy County, Madison
County, Marion County, Nassau County, Okaloosa County, Okeechobee County, Orange County,
Oseeola County, Palm Beach County, St. Lueie County, Seminole County, Volusia County, City
of Cape Coral, Town of Juno Beach, City of Layton, City of Miramar, City of North Port, City
of Palm Bay, City of Perry, City of Rockledge, City of Sebastian, City of Titusville, City of West
Melbourne, School District of Brevard County, School District of Charlotte County, School
District of Collier County, School District of Hemando County, School District of Hillsborough
County, School District of Manatee County, Scbool District of St. Lueie County, Alachua County
Library District, Brevard County Housing Finance Authority, Cape Canaveral Hospital District,
Cape Canaveral Port Authority, Cedar Key Water Control District, Charlotte County
Development Authority, Collier County Industrial Development Authority, Englewood Water
Disttiet, Florida Housing Finance Agency, Highlands County Industrial Development Authority,
Lee County Industrial Development Authority, Merritt Island Redevelopment Agency, North Palm
Beach Heights Water Control District, Northwest Florida Water Management District, St. Johns
Water Control District, St. Johns River Water Management District, Suwannee River Water
Management District, Suwannee Valley Solid Waste Management Administration, Tallahassee
Memorial Regional Medical Center and Volusia County Health Facilities Authority.
The Firm serves as sole bond counsel to the State of Florida on the issuance of state bonds
for transportation purposes under Article VII, Section 17, Florida Constitution, which amendment
was approved by the electors on November 8, 1988.
ADDITIONAL INFORMATION
Nabors, Giblin & Nickerson, P.A. is organized as a professional association under the
laws of the State of Florida. The Firm was formed in 1984 by threc partners in one office.
Since that time it hs~ grown to 18 attorneys (eleven partners and seven associates) in three
offices. The members of the Firm have extensive backgrounds and experience in municipal
and local government finance and the Firm has provided bond coun.sel services to its clients
since its inception. The number of clients represented by the Firm continues to grow
exponentially. As our client list grows, we continue to expand our staff and capabilities to
meet their needs.
The Firm is organiTed in two areas of practice: local government finance, and
governmental and administrative law. The Firm's public finance practice is operated out of
aH three offices, with Tampa being the primary office. Thc attorneys available for the local
government financing practice are: L. Thomas Giblin, John R. Stokes, Mark T. Mustian,
William D. Tyler, $6an E. Wilson, Warren S. Bloom, Steven E. Miller and Joseph B.
Stanton.
The Firm's governmental and administrative law practice is operated out of the
Tallahassee office. The attorneys available for the governmental and administrative law
practice are: Robert L. Nabors, George H. Nickerson, Jr., Gregory T. Stewart, Mark G.
Lawson, Sarah M. Bleakley, Hany F. Chiles, Virginia Saunders Delegal, Maureen McCarthy
Daughton, Michael L. Watkins and Sten T. Sliger.
As noted in our transmittal letter and as represented by the growth of the Firm and its
list of representative clients, we believe that we are highly qualified to serve as Bond
Counsel to the City primarily because of our nnlque approach to our clients needs. In
addition to our extensive expertise in municipal finance, securities and tax law, we believe
that the Firm also represents the very best in local government representation in the areas on
which the members of the Firm have focused their practice. The cross-pollini?ation which
occurs between the attorneys working on finance and those focnsing on other local
government issues enables us to approach questions which might arise either directly or
indirectly in the context ora financing in a manner which we believe is different from the
approach other firms lacking a practice in general representation of governmental entities.
We believe that the Firm's experience with bond financings and our ingenuity in
structuring such financings would be advantageous to the City. One example of our
innovative approach to mnnlcipal finance is the leading role it has undertaken in lease-
purchase financings. Prior to 1989, lease-purchase arrangements entered into by local
governments presented difficult legal and credit questions. AS a result of these concerns, the
Finn decided to put together a creditworthy slructure which could be submitted to the Florida
Supreme Court to settle the legal issues inherent in such a financing method. On March 2,
1989, the Florida Supreme Court issued an opinion (State of Florida v. Brevard Coun _ty)
which validated a lease-purchase transaction which Brevard County proposed to enter into.
This lease-purchase transaction was structured by and taken before the Supreme Court by
the Finn in order to create a new legal financing technique for Brevard County and other
public bodies in the State which would be acceptable to the rating agencies and providers of
municipal bond insurance. In April 1990, we were pleased to receive the decision of the
Florida Supreme Court in State of Florida v. School Board of Sarasota County,
which significantly expanded the decision of the Court in Brevarc~ We. played a primaiy role
in preparing the arguments and briefs for figs case. In addition, we ha~e been the forerunner
in establishing ms~ter lease-purchase programs for local governments in the State of Florida.
Another example of our innovation which has impacted local governments is the
formation cfa pooled commercial paper loan progranz As a result of a number of our clients
indicating to us that they felt short-term financing they typically received from local banks
was available only at high interest rates, we the established a joint power commission
pursuant to Chapter 163, Florida Statutes. Such entity was able to establish a program in
which it loaned the proceeds from commercial paper notes to local governments in the State
of Florida at interest rates which are typically two to three percent lower than conventional
borrowings.
Tax Experience
In our role as Bond Counsel, we perform our own tax work. The Firm has functioned
as bond counsel in numerous financings involving complex tax issues. The Firm's position
with respect to arbitrage rebate regulations is in line with the majority of nationally
recognized bond counsel fa'ms within the United States. With respect to arbitrage rebate
requirements, we have provided continuing support to our clients in analyzing and attempting
to comply with their rebate obligations.
Mr. Tyler will be the lead attorney to the City for any tax-related matters. Danny
Tyler, who supervises tax-related work for the Firm, has over 15 years experience in dealing
with tax-related issues, the last eight of which he has specialiTed in figs area. Mr. Tyler has
worked with vLn'ually evea3, national mtmicipal bond underwriter in helping solve tax issues,
as well as creating innovative techniques to avoid adverse tax consequences.
The Firm ha~ functioned as Bond Counsel in numerous financings involving complex
tax issues. We believe our clients are well satisfied with the Finn's experience and
responsiveness in tax matters relating to oomplianee with the Internal Revenue Code
regulations and rnlings regarding arbitrage considerations in tax-exempt financings. We
2
answer our clients' tax questions on a timely basis and deal regularly with intricacies of
compliance with thc arbilrage rebate regulations.
Assessment Transactions
The Firm also hA~ extensive experience in the structure and implementation of special
assessments and the statutory requirements for u~liT~tion of the ad valorem tax bill collection
process authorized by Section 197.3632, Florida Statutes. The Firm has served as special
counsel to numerous Florida local governments on the use of nOn-ad valorem special
assessments to fund the following: water and sewer facilities; solid waste disposal and
collection; road resurfacing and construction; road maintenance; drainage improvements; and
surface and stormwater management systems. We have served or currently are serving as
special counsel in the imposition of non-ad valorem assessments for collection on the ad
valorem tax statement to over 20 local governments.
We have also been the lender in the State of Florida for developing special assessment
programs. We have structured special assessment transactions throughout the State pursuant
to which we have drafted all documents relating to the levy and collection of special
assessments. As an example of our expertise in this area, the Firm has served as Bond
Counsel for approximately $250,000,000 in special assessment bonds issued by the City of
Cape Coral. As another example, we have successfully completed a comprehensive road and
drainage reassessment project for Charlotte County to cure deficiencies identified in a State
.audit in the original assessment project implemented by others. Such reassessment program
revolved in excess of 90,000 parcels and l0 different municipal service benefit units, with
one benefit unit containing over 50 benefit categories.
Until recently, the authority ora municipality to impose special assessments under its
home rule powers was in doubt The Firm served as special counsel to and filed an Amicus
Brief on behalf of the Florida League of Cities in City of Boca Raton, Florida v. State of
Florida, 595 So. 2d 25 (Fla. 1992). The analysis inthe opinion of the distinction between
special assessments and taxes is virtually identical to the arguments set forth in our Amicus
Brief. The Supreme Court's adoption of our analysis clearly demonstrates the depth of our
understanding of municipal home nde powers.
Attachment 1
B N C EL
FIRMS NOTIFIED OF RFP AVAILABILITY
Atlas, Pearlman, Trop &
Borkson, P.A.
200 East Las Olas Blvd.,
Suite 1900
Ft. Lauderdale, Fi. 33301
Tel: (954) 763-1200
Fax: (954) 766-7800
Attn: Mr. Charles B. Pearlman, Atty
(Picked up 10/17/96 via messenger)
English, McCaughan & O'Bryan, P.A.
100 N.E. 3~ Avenue
Suite 1100
P.O. Box 14098
Ft. Lauderdale, FI. 33302-4098
Tel: (954) 462-3300
Fax: (954) 763-2439
Attn: Mr. Gerald W. Gritter
Tillinghast Collins & Graham
One East Broward Blvd.
Ft. Lauderdale, FI. 33301
Tel: (954) 467-5700
Fax: (954) 767-0109
Tripp, Scott, Conklin & Smith
110 Tower 110 S.E. 6"~ St., 28th Floor
P.O. Box 142445 (33302)
Ft Lauderdale, Fl. 33301
Tel: (954) 525-7500
Fax: (954) 761-8475
Adorno & Zeder, P.A.
2601 S. Bayshore Drive
Suite 1600
Miami, FI. 33133
Tel: (305) 858-5555
Fax: (305) 858-4777
(Faxed RFP per request)
Mr. David Kaplan
Ackerman, Senterfitt &
Eidson, P.A.
Suntrust International Ctr., 28~ Fir
One Southeast Third Avenue
Miami, FI. 33131-1704
Tel: (305) 374-5600
Fax: (305) 374-5095
Becker & Poliakoff, P.A.
5201 Blue Lagoon Dr., Suite 100
Miami, FI 33126
Tel: (800) 533-4874
Fax: (305) 262-4504
Attn: Mr. Dennis A. Haas
Picked up fax 10/15/96
3111 Sterling Road
Ft. Lauderdale, Florida
(954) 987-7550
Broad And Cassell
Attorneys at Law
201 S. Biscayne Blvd.,
Suite 3000
Miami, FI. 33131
Tel: (305) 373-9400
Fax: (305) 373-9443
Law Offices of Steve E. Bulock
6800 Bird Road, Suite 200
Miami, FI. 33155
Tel: (305) 829-0084
Fax: (305) 829-6324
Eckert, Seamans, Cherin & Mellott
Barnett Tower, 18~ Fir.
701 Brickell Avenue
Miami, FI. 33131
Tel: (305) 373-9100
Fax: (3050 372-9400
(Requested we send via fax 10/14)
Attn: Ma. Janet L. O'Brien
Fieldstone Lester & Shear
Attorneys and Counselors at Law
Formerly: Fieldstone & Lester
200 S. Biscayne Blvd.
Suite 2100
Miami, FI. 33131
Tet: (305) 982-1555
Fax: (305)982-1550
Attn: Mr. Paul A. Lester, P.A.
(Picked up RFP via Courier)
Greenberg Traurig
Hoffman Lipoff Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, FI. 3131
Tel: (305) 579-0500
Fax: (305) 579-0717
Attn: Mr. Robert C. Gang
Haley, Sinagra & Perez, P.A.
100 S. Biscayne Blvd., Suite 800
Miami, Fi. 33131
Tel: (305) 374-1300
Fax: (305) 358-8305
(Faxed RFP per request)
Hanzman, Criden, Korge, Hertzberg & Chaykin, P.A.
2100 First Union Financial Center
200 South Biscayne Blvd.
Miami, FI. 33131
Tel: (305) 579-1222
Fax: (305) 579-1229
Holland & Knight
701 Brickell Avenue
P.O. Box 015441 (33101)
Miami, FI. 33131
Tel: (305) 374-8500
Fax: (305) 789-7999
(Faxed RFP per request 10/14)
Attn: Ms. Chris Oliver- for Mr. Robert Friedman
Hughes Hubbard & Reed
801 Brickell Avenue
Miami, FI. 3313-2900
Tel: (305) 358-1666
Fax: (305) 371-8759
McCrary & Mosley
2800 Biscayne Blvd.
80` Floor
Miami, FI. 33137
Tel: (305) 576-1505
Fax: (305) 576-3550
(Faxed RFP per request)
Mr. Jesse J. McCrary
McDermott, Will & Emery
201 S. Biscayne Blvd.
Miami, FI. 33131~4336
Tel: (305) 358-3500
Fax: (305) 347-6500
Attn: Mr. Norman J. Silber
McKenzie, McGhee & Harper
Attorneys at Law
10800 Biscayne Blvd
Suite 320
Miami, FI. 33161
Tel: (305) 892-4535
Fax: (305) 893-7499
(Faxed RFP 10/14 to: Mr. Patrick Symonie - N. Y,
Mr. Rayfield McGhee - Miami
Mitrani, Rynor & Gallegos, P.a.
2200 Sun Bank International Ctr.
One S.E. Third Avenue
Miami, FI. 33131
Tel: (305) 358-0050
Fax: (305) 358-0550
Morgan, Lewis & Bockius
5300 Southeast Financial Ctr.
200 S Biscayne Blvd.
Miami, FI. 33131-2339
Tel: (305) 579-0300
Fax: (305) 579-0321
Nixon, Hargrave, Devans & Doyle LLP
2200 Sunbank International Center
One S.E. 3~d Avenue
Miami, FI. 33131
Tel: (305) 358-5447
Fax: (305) 358-0550
Ruden, McClosky, Smith, Schuster & Russell, P.A.
701 Brickell Avenue
Suite 1900
Miami, FI. 33131
Tel: (305) 789-2700
Fax: (305) 789-2793 / (954) 764-4996
Attn: Denise Ganz
(Faxed RFP per request)
Shutts & Bowen
201 S. Biscayne BIvd
Miami, FI. 33131
Tel: (305) 358-6300
Fax: (305) 381-9982
Squire, Sanders & Dempsey
Miami Center, 29th Floor
201 S. Biscayne Blvd.
Miami, FI. 33131-4330
Tel: (305) 577-8700
Fax: (305) 358-1425
Attn: Mr. Kenneth M Myers
Stearns Weaver Miller
Weissler Alhadeff & Sitterson, P.A.
Museum Tower
150 W. Flagler Street
Miami, FI. 33130
Tel: (305) 789-3200
Fax: (305) 789-3395
Steel Hector & Davis
200 S. Biscayne Blvd.
Miami, FI. 3131-2398
Tel: (305) 577-2800
Fax: (305) 577-7001
(Faxed RFP per request)
White & Case
First Union Financial Ctr.
200 S. Biscayne Blvd.
Miami, FI. 33131-2352
Tel: (305) 371-2700
Fax: (305) 358-5744
Nabors, Giblin & Nickerson, P.A.
2502 Rocky Point Drive
Suite 1060
Tampa, Florida 33607
Tel: (813) 281-222
Fax: (813) 281-0129
Attn: Mr. George Nickerson
(Faxed RFP per request)
Attachment 2
REQUEST FOR PROPOSAL
BOND COUNSEL
RFP#: 96-10-18-2
PROPOSALS RECEIVED
AS OF October 18th, 1996 - 2:00 p.m.
ADORNO & ZEDER, P.A.
2601 SOUTH BAYSHORE DRIVE
SUITE 1600
MIAMI, FLORIDA 33133
HENRY N. ADORNO
TEL: (305) 858-5555
FAX: (305) 858-4777
ATLAS, PEARLMAN, TROP & BORKSON
200 EAST LAS OLAS BOULEVARD
SUITE 1900
FT. LAUDERDALE, FLORIDA 33301
CHARLES B. PEARLMAN
TEL: (954) 763-1200
FAX: (954) 766-7800
ECKERT SEAMANS CHERIN & MELLOTT
701 BRICKELLAVENUE, 18TM FLOOR
MIAMI, FLORIDA 33131
JANET L. O'BRIEN
TEL: (305) 373-9100
FAX: (305) 372-9400
GREENBERG TRAURIG HOFFMAN
LIPOFF ROSEN & QUENTEL, P.A.
1221 BRICKELL AVENUE
MIAMI, FLORIDA 33131
ROBERT C. GANG, ESQ.
TEL: (305) 579-0886
FAX: (305) 579-0717
BECKER & POLIAKOFF, P.A.
3111 STIRLING ROAD
FT. LAUDERDALE, FLORIDA 33312-6525
ALAN S. BECKER
TEL: (954) 987-7550
FAX: (954) 985-4176
Page (2) of (2)
RFP FOR BOND COUNSEL RECV'D
SQUIRE, SANDERS & DEMPSEY, L.L.P.
2900 MIAMI CENTER
201 SOUTH BISCAYNE BOULEVARD
MIAMi, FLORIDA 33131
KENNETH M. MYERS
TEL: (305) 577-8700
FAX: (305) 358-1425
HOLLAND & KNIGHT
701 BRICKELL AVENUE
MIAMI, FLORIDA 33131
ROBERT J. FRIEDMAN
TEL: (305) 374-8500
FAX: (305) 789-7799
RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, P.A.
200 EAST BROWARD BOULEVARD
FT. LAUDERDALE, FLORIDA 33301
DENISE J. GANZ
TEL: (954) 764-6660
FAX: (954) 764-4996
NABORS, GIBLIN & NICKERSON, P.A.
2502 ROCKY POINT DRIVE, SUITE 1060
TAMPA, FLORIDA 33607
JOHN R. STOKES
TEL: (813) 281-2222
FAX: (813) 281-0129
CITY OF AVENTURA
TABULATION OF BOND COUNSEL PROPOSAL EVALUATION S
21-Oct-96
Attachn~nt 3
NAME OF FIRM
ADORNO & ZEDER
ATLAS, PEARLMAN,
TROP & BORKSON
ECKERT SEAMANS
CHERIN & MELLOTT
GREENBERG TRAURIG
HOFFMAN LIPOFF
ROSEN & QUENTEL
KILGORE SOROKA OVERALL
TO BE
TOTAL TOTAL OVERALL INTER-
SCORE SCORE AVERAGE RANKING VIEWED
77 64 7t 6 NO
68 64 66 9 NO
73 68 71 6 NO
84 86 85 3 YES
INTERVIEW
DATE TIME
10/24196 1:00 PM
BECKER & POLIAKOFF 68 67 68 8 NO
SQUIRE SANDERS &
DEMPSEY 90 85 88 1 YES
HOLLAND & KNIGHT 76 69 73 5 NO
RUDEN MCCLOSKY
SMITH SCHUSTER &
RUSSELL 82 85 84 4 YES
NABORS GIBLIN &
NICKERSON 84 91 88 I YES
AVERAGE 78 75 77
10/24/96 10:00 AM
10/24/96 2:00 PM
10/23/96 10;00 AM
Attachnmnt 4
CITY OF AVENTURA
TABULATION OF BOND COUNSEL PROPOSAL EVALUATIONS
AFTER WRITTEN PROPOSALS AND ORAL PRESENTATIONS
28-Oct-96
INTERVIEW
NAME OF FIRM DATE TIME
ZOMER-
KILGORE SOROKA MAAND AVERARE
TOTAL TOTAL TOTAL TOTAL
SCORE SCORE SCORE SCORE
OVERALL
RANKING
NABORS GIBLIN &
NICKERSON
10/23/96 10:00 AM
88 80 90 86.00 I
SQUIRE SANDERS &
DEMPSEY
10/24/96 11:00 AM
85 76 95 85.33 3
GREENBERG TRAURIG
HOFFMANLIPOFF
ROSEN & QUENTEL
10/24/96 1:00 PM
79 70 79 76.00 4
RUDEN MCCLOSKY
SMITH SCHUSTER&
RUSSELL
10/24/96 2:00PM
88 78 91 85.67 2
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Contract to Purchase Parcel "P" located on the southwest corner of
West Country Club Drive and the William Lehman Causeway
November 5, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council approve the attached Resolution authorizing
execution of the subject Contract for Pumhase and Sale of Real Property in the amount
of $2,900,000. The draft contract would be subject to final review by both parties and
any comments of City Councilmembers.
Background
At previous workshop meetings, it was the consensus of the City Council to pursue the
purchase of the subject property for the site of the future government center. With the
addition of this site to the Winn Dixie park site, the City now has the opportunity to
create an overall theme and presence along this area of Country Club Drive. The site is
currently zoned for BU-2/Hotel and is approximately 3.5 acres.
The closing is subject to the following:
a. Review of title by our attorneys;
b. Acceptance of environmental report by our engineers; and
c. North and South vehicular ingress and egress to West Country Club Drive.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0145-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED CONTRACT
FOR PURCHASE AND SALE OF REAL PROPERTY BY AND
BETWEEN THE CITY OF AVENTURA AND LOLA THOMAS,
TRUSTEE; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into the Contract for Purchase and Sale of Real
Property by and between the City of Aventura and Lola Thomas, Trustee attached hereto
and incorporated herein as specifically as if set forth at length hereat. Said Contract is
subject to final review by the City Attorney.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and 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 Councilmember
., who moved its
adoption. The motion was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Resolution No.
Page 2
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of November, 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
WEISS SE ROTA
ATTO~N£y~. AT LAW
2ses SOUTH SAYSHORE DRIVE
SUITE ~04
October 31, 1996
~ZA FACSZMILE AND U.S. MAIr,
Eric M. Soroka, City Manager
City of Aventura
2999 N.E. 191 Street, Ste. 500
Aventura, Florida 33180
Proposed Con,taut for Purchase and S&le o~ Ro&i Property
between Lola Thomas, Trustee, as Seller, and the C~ty of
Aventura, as Buyer (the "Contract')
Dear Eric:
As requested, enclosed please find an initial draft of the
Contract. The Contract has been prepared in accordance with the
Letter of Intent dated October 21, 1996 and our previous
discussions. In this regard, there is a provision regarding review
of title by this office. Title is required to evidence access to
West Country Club Drive (north and South vehicular access). Also
there is a forty-five (45) day period within which to investigate
the environmental and overall condition of the property and
terminate the Contract if unacceptable.
Please attach a legal description of the property to the
Contract as the copies in our file are f poor quality.
Please call me with any questions or comments you may have
regarding the foregoing.
SWZ/mas
328.005
Enclosure
cc: David M. Wolpin,
Esq.
Steven W. Zelkowitz
CONTRACT FOR pURCHASE AND S&T.~ OF ~aT, PROPERTY
TNIS CONTRACT FOR SALE ~ PURCHASE OF P. EA~ PROPERTY (the
"Contract")is made and entered into as of the day of
November, 1996, by and between LOLA THOMAS, TRUSTEE, (the
"Seller"), and the CITY OF AVEI~TURA, a Florida municipal
corporation (the "Buyer,).
In consideration of the mutual'agreements herein set forth,
the parties hereto agree as follows:
1. ~. The following terms when used in this
Contract for Purchase and Sale shall have the following meanings:
1.1. A tan e a . November
. , 1996.
1.2. A r e s' es. Ail reasonable fees charged by
an attorney for his services and the services of any paralegals,
legal assistants or law clerks, including (but not limited to) fees
charged for representation at the trial level and in all appeals.
1.3. ~. Any day that the banks in Dads
County, Florida are open for business.
1~4. Buyer. City of Aventura, a Florida municipal
corporation, Attention: Eric M. Soroka, City Manager. Buyer's
mailing address is Government Center, 2999 N.E. 191st Street,
Suite 500, Aventura, Florida 33180, Telephone : (305) 466-8910,
Telecopy: (305) 466-8919. Buyer's taxpayer identification number
is
1.5. B e ' At orn . Weiss Serota& Helfman, P.A,,
Attention: Steven W. Zelkowitz, Esq. Buyer's AttOrney's mailing
address and telephone number are 2665 South Bayshore Drive, Suite
204, Miami, Florida 33133. Telephone: (305) 854-0800; Telecopy:
(305) 854-2323.
1.6. B_~yer's ~_q~. All costs incurred by Buyer with
regard to this transaction, including without limitation its costs
incurred in conducting its "due diligence- studies, audit
examinations, surveys, environmental, structural and other exams of
the Property, engineering costs, attorneys' fees, refinancing
costs, and any and all other expenses incurred by Buyer in the
event this Contract is terminated.
1.7. ~. The Purchase Price plus all of
Buyer's closing costs specified herein, s~bject to adjustment as
set forth in this Contract, less the Deposit.
0
1.8. ~. The delivery of the Deed to Buyer
concurrently with the delivery of the Purchase Price to Seller.
1.9. /~Q~Lq-~. Buyer's Attorney as agent for the
Title Company shall be the Closing Agent.
· 1.10. ~. Sixty (60) days from and after the
Effective Date, unless extended in accordance with the provisions
herein contained.
1.11. C nt~. This Contract for Purchase and Sale of
Real Property.
1.12. Deed. The Statutory Warranty ~eed which conveys
the Land from Seller to Buyer.
1.13. D_~9~_9_~. The sum of One
Thousand and 00/100 Dollars ($145,000.00)
interest earned on said sum while it is held
Agent in accordance with this Contract.
Hundred Forty Five
together with all
in escrow by Escrow
1.14. t~[~__~. The date this Contract is
executed by the last party to sign it.
1.15. -Escrow Aaent. Buyer's attorney shall be the
Escrow Agent.
1.16. Governmental Authority. Any federal, state,
county, municipal or other governmental department, entity,
authority, commission, board, bureau, court, agency or any
instrumentality of any of them.
1.17. Governmental Requirement. Any law, enactment,
statute, code ordinance, rule, regulation, judgment, decree, writ,
injunction, franchise, permit, certificate, license, authorization,
agreement, or other direction or requirement of any Governmental
Authority now existing or hereafter enacted, adopted, promulgated,
entered, or issued.
1.18. Intangible Personal Property. Ail intangible
personal property owned by Seller and used in the ownership,
operation, development, improvement, and maintenance of the Land,
if any, including, without limitation, all contracts and contract
rights, instruments, documents of title, general intangibles, and
transferable licenses, certificates, warranties, permits,
guarantees and approvals of governmental entities or other third
parties, if any~
1.19. band. That certain real property located in Dads
County, Florida more particularly described in Exhibit A attached
hereto and made a part hereof, together with all property rights,
easements, rights-of-way, privileges and appurtenances thereto; all
leases, rents, and profits derived therefrom; all right, title and
interest of Seller in and to any land lying in the bed of any
street, road, highway or avenue, open or proposed, public or
private, in front of or adjoining all or any part of the Land to
the center llne thereof; and all right, title and interest of
Seller in and to any unpaid award for damage to the Property or any
part thereof by reason of change of grade of any street, road,
highway or avenue adjacent to the Property; all strips and gores
adjoining and adjacent to the Land; and all oil, gas and mineral
rights.
1.20. Permitted Exceptions.
forth in Exhibit B attached hereto.
The title exceptions set
1.21. ProDerty. The Land and Intangible Personal
Property.
1.22. Pr err Re ds. Copies of all the following
documents relatin9 to the Property: Any and all Permits,
appraisals, paid tax bill for the years 1995 and 1996, tax
assessment notices, title insurance policies, surveys, site plans,
as-built plans and specifications, plats, soil tests, reports,
environmental audits, the applicable trust agreement, engineering
reports and similar technical data and information, and material
correspondence (which shall mean correspondence, other than
attorney/client privileged correspondence, whichdiscloses claims,
allegations or adverse information regarding the Property or
claims, allegations or adverse information that the Property
violates any Governmental Requirements, that there is Hazardous
Material on or about the Property, or that there are defects,
deficiencies or hazardous conditions in or on the Property).
1.23. P r hase ric . Subject to the adjustments and
prorations provided in this Contract, the sum of Two Million Nine
Hundred Thousand and 00/100 Dollars ($2,900,000.00).
1.24. ~. Ix)la Thomas, Trustee. Seller's mailing
address is Seller's taxpayer
identification number is
1.25. Seller's AttorDey.
Attention:
mailing address is
taxpayer identification number is
, Esq.
Seller's Attorney's
Seller's
1.26. Titl om 'tm · An title insurance commitment
from the Title Company, agreeing to issue the Title Policy to Buyer
upOn satisfaction of the Buyer's obligations pursuant to this
Contract.
1.27. ~. An owner's title insurance policy
in the amount of the Purchase Price, insuring Buyer's title to the
Land, subject only to the Permitted Exceptions.
or such
licensed
by Buyer.
1.28. Title Company. First American Insurance Company,
other nationally recognized title insurance company
to write title insurance in the State of Florida selected
Property
Property
forth.
Purchase d Sle. Seller agrees to sell and convey the
to Buyer and Euyer agrees to purchase and acquire the
from Seller on the terms .and conditions hereinafter set
follows
The Purchase Price shall be paid as
3.1. ~_9_~. Within five (5) days after the Effective
Date, Buyer shall deliver to Escrow Agent the Deposit. The Deposit
shall be placed by Escrow Agent in an interest bearing escrow
account with a commercial or savings bank doing business in Dads
County, Florida.
3.2. ~%~1~. The Cash to Close and the Deposit
shall be paid to Seller in accordance with the closing procedure
hereinafter set forth. Buyer shall receive a Credit at closing for
the interest earned on the Deposit.
4. Buyer's Inspection of the ProDe~ty.
4.1. Seller's Delivery of Property Records. Within
five (5) days after the Effective Date, Seller shall deliver to
Buyer the Property Records. Seller shall have a continuing
obligation to deliver to Buyer copies of all Property Records and,
if Seller obtains or becomes aware of any additional Property
Records, Seller represents and warrants that it shall immediately
deliver such additional Property Records to Buyer.
4.2. Buyer's Inspection of the Pronerty. At any time
from and after the Effective Date through the Closing Date, Buyer
or its authorized agents, personnel, employees, or independent
contractors shall be entitled to enter upon the Land during
reasonable business hours and to make all inspections and
investigations of the Property which it may deem necessary,
including but not limited to soil borings, percolation tests,
engineering, environmental, and topographical studies, zoning and
availability of utilities. All inspections shall be made at
Buyer's expense. After completing its inspection of the Property,
if Buyer elects to terminate this Contract in accordance with this
Section, Buyer shall leave the Land in the condition existing on
the Effective Date.
4.3. ~. If Buyer is not satisfied as to the
results of its inspections with regard to any matter whatsoever,
then in such event Buyer may, in Buyer's sole discretion, elect to
terminate this Contract by furnishing written notice to Seller and
Escrow Agent on or prior to the date which is forty-five (45) days
after the Effective Date and in such event Escrow Agent shall
promptly return to Buyer the Deposit paid by Buyer and both parties
shall be releasedof all obligations ~nder this Contract except for
those obligations which expressly survive termination of this
Contract.
4.4. Inde ific ' n. Buyer hereby agrees to indemnify
Seller and hold Seller harmless against all claims, demands and
liability, including Attorneys' Fees, for nonpayment for services
rendered to Buyer, for mechanics' liens, or for damage to persons
or property arising out of Buyer's investigation of the Property.
This indemnification and agreement to hold harmless shall survive
the termination of this Contract or the Closing.
5. v'd nce f T'tle.
5.1. Delivery of Prior Owner's Policy. Within five (5)
days following the Effective Date Seller shall deliver to Buyer its
prior owner's policy covering the Property, together with any
existing abstract of title.
5.2. rketable T'tl . At closing, Seller shall convey
to Buyer marketable fee simple title to the Land, subject only to
the Permitted Exceptions.
5.3. itle Commitm · Buyer shall have thirty (30)
days from the date of receiving the prior owner's policy to obtain
a Title Commitment and to examine same. The policy to be issued
pursuant to the Title Commitment shall affirmatively insure that
any and all restrictions and conditions have not been violated and
that any future violation will not result in a forfeiture or
reversion of title; shall contain no survey exception; shall
contain no printed exceptions and shall affirmatively insure access
to the Property from West Country Club Drive (north and south
vehicular access).
5.4. Additional Exceptions. If the Title Commitment
reflects that title to the Land is subject to any exceptions
("Additional Exceptions,,) other than the Permitted Exceptions,
Buyer shall notify Seller in writing of the Additional Exceptions
to which Buyer objects within ten (10) days after Buyer's receipt
of the Title Commitment. If Buyer receives notice of or otherwise
discovers any Additional Exceptions after delivery of the Title
Commitment and prior to the Closing Date, Buyer shall notify Seller
in writing of the Additional Exceptions to which Buyer objects
within ten (10) days after Buyer receives notice of such Additional
Exceptions.
5.5. Additional Excentions Curable by the Payment o£
Money. Seller shall be required to cure or remove all Additional
Exceptions which can be cured or removed by the payment of money
prior to the schedule Closing Date.
5.6. Additional Exceptions Not Curable by ~he Pavmen~
of Money. Seller shall have a period of sixty (60) days after
notice from Buyer to cure any Additional Exceptions which are not
curable by the payment of money, and the Closing Date shall be
postponed, if necessary, to afford Seller the full sixty (60) days
to cure Additional Exceptions. Seller shall exercise due diligence
and good faith in curing the Additional Exceptions, which shall
include the institution of any necessary lawsuit. If Seller is
unable to cure any Additional Exceptions within the time period
provided, Buyer shall have the following options:
5.6.1.
to an additional sixty
Additional Exceptions;
Buyer may postpone the Closing
(60) days to afford Seller time
Date for up
to cure the
5.6.2. Buyer may waive the uncured Additional
Exceptions and accept title in its existing condition; or
5.6.3. Buyer may terminate the Contract by sending
written notice to Seller; Escrow Agent shall return the Deposit to
Buyer; Seller shall pay to Buyer Buyer's Costs' and, except as
specifically set forth in this Contract neither Buyer nor Seller
shall have any further rights or obligations hereunder.
5.7. Postponement of Ctosin~ Date. If the Closing Date
has been postponed to afford Seller additional time to cure the
Additional Exceptions, the Closing shall take place twenty (20)
days after Seller sends Buyer written notice that all Additional
Exceptions have been eliminated.
5.8. Deliverv of Certificate of Filina Officer. Within
the (10) days following the Effective Date, Seller, at its cost,
shall deliver to Buyer from the filing officer, as described in
Florida Statutes, Section 679.401 (1995), a certified copy of any
filed instrument naming the Seller as debtor under the Uniform
Commercial Code-Secured Transactions.
5.9. ~. Within ten (10) days after the
Effective Date, Seller shall deliver to Buyer from the tax
collector for the county in which the Property is located a
statement of the ad valorem real and personal property taxes for
the property for the year of closing (if then known and if not then
known, for the prior two years) and whether there are any unpaid
taxes then due.
6. SurveM.
6.1. Delivery of Survey. Within thirty (30) days after
the Effective Date Seller may cause to be prepared at its expense
- 6 -
a current survey (the "Survey,,) of the Land prepared by a land
surveyor or engineer registered and licensed in the State of
Florida approved by Buyer. The Survey shall be prepared in
accordance with the Minimum Technical Standards for Surveys in the
State of Florida (Chapter 61917-6, Florida Administrative Code) and
otherwise acceptable to the Title Company to delete the standard
survey exceptfon. The Survey shall be certified to Buyer, Closing
Agent and lender, if any.
6.2. u~_~~. Buyer shall have ten (10) days
from the date of receiving the Survey to examine same. If the
Survey shows any encroachment on the Land, or if the Survey shows
a/~y other defect which would affect the marketability of title to
the Property, Buyer shall notify Seller of such defect within ten
(10) days after receipt of the Survey and such encroachment or
defect shall be treated in the same manner as title defects are
treated under this Contract.
7. Seller's Representatlg~.
7.1. Representations and Warranties.
represents and warrants to Buyer as follows:
Seller hereby
7.1.1. Seller's Existegcg. Seller has full power
and authority to own and sell the Property and to comply with the
terms of this Contract.
7.1.2. uth~. The execution and delivery of
this Contract by Seller and the consummation by Seller of the
transaction contemplated by this Contract are within Seller's
capacity and all r~quisite action has been taken to make this
Contract valid and binding on Seller in accordance with its terms.
7.1.3. N e~. The execution by Seller of
this Contract and the consummation by Seller of the transaction
hereby contemplated does not, and on the Closing Date will not (a)
result in a breach of or default under any indenture agreement,
instrument or obligation to which Seller is a party and which
affects all or any portion of the Property, or (b) to Seller's
knowledgel constitute a violation of any Governmental Requirement.
The Property and the current use, occupation and condition thereof
do not violate any of the Permitted Exceptions, zoning or
subdivision regulation or other Governmental Requirement
application to the Property.
7.1.4. Title. Seller is the owner of marketable
fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted
Exceptions.
.1.5. ~. .There are no actions, s~its,
proceedings or investigations (including condemnation proceedings)
pending or, to the knowledge of Seller, threatened against Seller
or the property and Seller is not aware of any facts which might
result in any such action, suite or proceeding. If Seller is
served with process or receives notice that litigation may be
commenced against it, Seller shall promptly notify Buyer.
7.1.6. No SDecial Assessments ~n~ ImPact Fern. No
portion of the Property is affected by any outstanding special
assessments or impact fees imposed by any Governmental Authority.
7.1.7. Access to Hiahwavs and Roa~. The Land has
full, free and adequate vehicular and pedestrian access to and from
public highways and roads and Seller has no knowledge of any fact
or condition which would result in the termination of such access.
7.1.8. Parties in Possession. There are no
parties other than Seller in possession of any portion of the Land
as lessees, tenants at sufferance or trespassers. There is no
merchant's association in existence affecting the Property.
7.1.9. Commitment~ to Governmental Authorities. No
commitments relating to the Property have been made to any
Governmental Authority, utility company, school board, church or
other religious body or any homeowner or homeowners association,
merchant's association or any other organization, group or
individual which would impose an obligation upon Buyer or its
successors or assigns to make any contribution or dedication of
money or land or to construct, install or maintain any improvements
of a public or private nature on or off the Land; and no
Governmental Authorityhas imposed any requirement that any owner
of the Land pay directly or indirectly any special fees or
contributions or incur any expenses or obligations in connection
with the Land.
7.1.10. Adverse Information. Seller has no
information or knowledge of (a) any change contemplated in any
Governmental Requirement, (b) any judicial or administrative
action, (c) any action by adjacent landowners, or (d) any other
fact or condition of any kind or character which could materially
adversely affect'the current use or operation of'the property.
7.1.11. ComPliance with Laws. The Property and the
present uses thereof are in compliance with all applicable
Governmental Requirements and the requirements of any Insurance
Policy, board of fire underwriters or any board exercising similar
functions. Seller has fully complied with all Governmental
Requirements in its operation, use and management of the Property.
7.1.12. ~. No portion of the Land is
classified as wetlands, including, but not limited to, mangrove
wetlands or vegetation wetlands, by any Governmental Authority.
- 8 -
7.1.13. N__q~_q~. Seller has received no written
notice from any Governmental Authority or any other party (a) that
either the Property or the use or operation thereof is currently in
violation of any zoning, environmental or other land use
regulations, and to Seller's knowledge no such notice has been
issued; (b) that Seller is currently in violation, or with the
passage of time will be in violation of the requirements of any
ordinance, law, or regulation or order of .any ~overnmental
Authority, or (c) asserting that Seller is required to perform work
at the Property and to Seller's knowledge no such notices have been
issued. If Seller receives such a notice or a violation is issued
or filed prior to Closing, Seller shall promptly notify Buyer and
shall be responsible to cure any such violation so long as the
aggregate cost thereof does not exceed $200,000.00, in which event,
the Closing shall be consummated as provided for herein and Seller
shall (a) cure said violation exercising due diligence before the
Closing Date; or (b) if such cure cannot be completed by the
Closing Date, then Buyer shall receive a credit against the
Purchase Price in the amount of such cost to cure such violation as
agreed to by the parties, and Seller shall have no further
obligation with respect to curing such violations. If the cost to
cure such violation exceeds $200,000.00 and Seller does not agree
to cure such violation or credit Buyer such amount, then Buyer
shall have the right to be exercised within ten (10) days of
receipt of Seller's election to either: (a) close the within
transaction and receive a credit in the amount of $200,000.00
against the Purchase Price and assume all obligations to cure the
violation at its expense; or (b) terminate this Contract, in which
event Seller shall pay to Buyer Buyer's Costs and thereafter,
except as otherwise Specifically set forth in this Contract,
neither Buyer nor Seller shall have any f~rther rights or
obligations hereunder.
7.1.14. Survival of ReDresentationM. Ail of the
representations of the Seller set forth in this Contact shall be
true upon the execution of this Contract, shall be deemed to be
repeated at and as of the Closing Date, and shall be true as of the
Closing Date. All of the representations, warranties and
agreements of the Seller set forth in this Contract shall survive
the Closing.
Environmental Condition of Prooertv: Indemnification;
Re r se t t'ons
For the purposes of this Agreement, the term
"Environmental Laws" shall mean all federal, state and local laws,
including statutes, regulations, ordinances, codes, rules and other
governmental restrictions and requirements relating to the
environment, hazardous substances, hazardous wastes, pollutants or
contaminants nclud~ng, but not limited to, the Federal Solid Waste
i '
Disposal Act, the Federal Clean Air Act, the Federal Clean Water
Act, the Federal Resource Conservation and Recovery Act of 1976,
the Federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980, the Federal Superfund Amendments and
Reauthorization Act of 1986, Chapters 161, 253, 373, 376 and 403,
Florida Statutes, and the rules and regulations of Florida
Department of Environmental Protection.
8.1 Re re ta ' ns. Seller hereby represents, warrants
and covenants to Buyer the following statements are true and
current, and Buyer's obligation to close shall be conditioned on
the same being true as of the Closing Date:
8.1.1 The Property is free from contamination, that
there has not been thereon a release, discharge or emission, or
threat of release, discharge or emission, of any hazardous
substance, hazardous waste, pollutant, or contaminant as defined by
Environmental Laws, and that the Property does not contain, and is
not affected by: asbestos, urea formaldehyde; polychlorinated
biphenyls; underground oil, gasoline or storage tanks; or
landfills, land disposals or dumps~
8.1.2 Seller has not given, nor should give, nor
has received, any notice, letter, citation, order, warning,
complaint, inquiry, claim or demand that the Seller has violated,
or is about to violate, or that the Property does not comply with
any Environmental Laws; there has been a release, or there is a
threat of release, of hazardous substances, hazardous wastes,
pollutants or contaminants as defined in Environmental Laws on the
Property; the Seller may be or is liable, in whole or in part, for
the costs of cleaning up, remediating, removing or responding to a
release of hazardous substances, hazardous wastes, pollutants or
contaminants; the Property is subject to a lien in favor of any
governmental entity for any liability, costs or damages, under
Environmental Laws.
8.1.3 There is no litigation or governmental
proceeding pending, or to the knowledge of the Seller threatened
against the Seller which if adversely determined would result in
any material adverse change in the Property including, without
limitation, any actual or threatened civil or criminal action
brought under any Environmental Laws.
8.1.4 Seller has never caused or permitted any
hazardous materials, hazardous wastes, pollutants or contaminants
to be placed, held, located or disposed of on, under or at the
Property or any part thereof, and neither the Property nor any part
thereof has ever contained an underground oil, gasoline or storage
tank, or been used as a dump site or storage (whether permanent or
temporary) site for any hazardous material, hazardous waste,
pollutant or contaminant.
8.2 d~j~. Seller covenants and agrees that
it will indemnify, defend and hold harmless Buyer from any and all
claims, judgments, liabilities, losses, damages, actions, causes of
actions, suits, response costs, remediation costs, fines,
penalties, fees, and expenses arising out of or in any way relating
to the existence, use, or misuse, handling or mishandling, storage,
spillage, discharge or seepage into the ground, in water bodies or
the ground water (including aquifers) at any time prior to Closing
of any hazardous materials, hazardous wastes, pollutants or
contaminants in, on, under, at or used upon the Property including,
without limitation: (i) claims of third parties (including,
without limitation, individuals, companies and governmental
agencies) for damages, penalties, response costs, clean-up costs
and injunctive or other relief; (ii) costs to bring the Property
into compliance with Environmental Laws, including all costs of
remediation, removal and restoration, including fees of attorneys
and experts, and costs of reporting the existence of hazardous
materials, hazardous wastes, pollutants or contaminants to any
governmental agency; and (iii) any and all expenses or obligations
including reasonable attorneys, fees, incurred at, before and after
any trial or therefrom whether or not taxable as costs, including,
without limitation, attorneys' fees, witness fees, deposition
costs, copying and telephone charges and other expenses all of
which shall be paid by Seller to Buyer on demand.
8.3 Survivability of ReoresentatiQns ~gd
~. Ail of the representations of the Seller set
forth in this Contract shall be true upon the execution of this
Contract, shall be deemed to be repeated at and as of the Closing
Date, and shall be true as of the Closing Date. All of the
representations, warranties and agreements of the Seller set forth
in this Contract including, but not limited to the indemnification
set forth herein shall survive the Closing.
9, Seller's Affirmative Covenants.
9.1. ACtS Affectin~ Property. From and after the
Effective Date, Seller will refrain from (a) performing any
grading, excavation, construction, or making any other change or
improvement upon or about the Property; (b) creating or incurring,
or suffering to exist, any mortgage, lien, pledge, or other
encumbrances in any way affecting the Property other than the
Permitted Exceptions; and (c) committing any waste or nuisance upon
the Property.
9.2. Maintenance of ProDerty. From the Effective Date
until the Closing, the Property will be kept in good order and
condition. Seller will observe all Governmental Requirements
affecting the Property and its use, until the Closing Date.
9.3. Notices of Chanaes ~n Law.~. Seller will advise
Buyer promptly of any change in any applicable Governmental
Requirement which might affect the value or use of the Property to
Buyer of which Seller obtains knowledge.
- 11
9.4. FurDher A~urance~. In addition to the
obligations required to be performed hereunder by Seller at the
Closing, Seller agrees to perform such other acts, and to execute,
acknowledge, and deliver subsequent to the Closing such other
instruments, documents, and other materials as Buyer may reasonably
request in order to effectuate the consummation of the transactions
contemplated herein and to vest title to the Property in Buyer.
10. Buyer's ReDresentatioDs. Buyer hereby represents and
warrants to the Seller as of the Effective Date and as of the
Closing Date as follows:
10.1. e ' Ex's en e. Buyer is a Florida municipal
corporation duly organized, existing, in good standing and
qualified to do business under the law of the State of Florida, and
Buyer has full power and authority to purchase the Property and to
comply with the terms of this Contract.
10.2. Authority. The execution and delivery of this
Contract by Buyer and the consummation by Buyer of the transaction
hereby contemplated are within Buyer's capacity and all requisite
action has been taken to make this Contract valid and binding on
Buyer in accordance with its terms.
11. Conditions ~o Buyer's Obliaation to Cl.ose. Buyer shall
not be obligated to close under this Contract unless and until each
of the following conditions are either fulfilled or waived, in
writing, by Buyer:
11.1. Compliance with Cov~nantg. Seller shall have
performed all covenants, agreements and obligations and complied
with all conditions required by this Contract to be performed or
complied with by Seller prior to the Closing Date.
11.2. Delivery of Documents. Seller shall be prepared
to deliver to Buyer all instruments a~d documents to be delivered
to Buyer at the Closing pursuant to this Contract.
11.3. No Prior Termination. This Contract shall not
have been previously terminated pursuant to any other provision
hereof.
11.4. ~tisfaction of Other Conditions. Ail conditions
to Closing otherwise contained in this Contract shall have been
satisfied.
11.5. RePresentations and Warranties. Ail of Seller's
representations and warranties shall be true and correct.
11.6. St tu of i 1 . The status of title to the Land
shall be as required by this Contract.
- 12 -
12. Closing. Subject to all of the provisions of this
Contract, Buyer and Seller shall close this transaction on the
Closing Date commencing at 10:00 a.m. The Closing shall take place
at the office of Buyer's Attorney; or, if the Buyer is financing
all or a portion of the Purchase Price by an institutional loan, at
the office of such lender or its attorney.
13. Seller's Closinq Documenrm~
13.1. Documents. At Closing, Seller shall deliver the
following documents ("Seller's Closing Documents,,) to Buyer:
13.1.1. Statutory Warranty Deed. A Statutory
Warranty Deed which shall be duly executed and acknowledged by
Seller so as to convey to Buyer good and marketable fee simple
title to the Land free and clear of all liens, encumbrances and
other conditions of title other than the Permitted Exceptions.
13.1.2. Seller's No Lien, GaD and FIRPTAAffidav~t.
An affidavit from Seller attesting that (a) no individual, entity
or Governmental Authority has any claim against the Property under
the applicable contractor's lien law, (b) except for Seller, no
individual, entity or Governmental Authority is either in
possession of the Property or has a possessory interest or claim in
the Property, and (c) no improvements to the Property have been
made for which payment has not been made. The Seller's affidavit
shall include language sufficient to enable the Title Company to
insure the "gap", i.e., delete as an exception to the Title
Commitment any matters appearing between the effective date of the
title Commitment and the effective date of the Title Policy. The
affidavit shall also include the certification of non-foreign
status required under Section 1445 of the Internal Revenue Code to
avoid the withholding of income tax by the Buyer.
13.1.3. ~. An absolute bill of sale
with full warranty of title conveying any personal property to
Buyer free and clear of all liens, encumbrances and security
interests.
13.1.4. General Assignment. A General Assignment
conveying the Intangible Personal Property.
13.1.5. Closin~ Statement. A closing statement
setting forth the Purchase Price, Deposit and all credits,
adjustments and prorations between Buyer and Seller, and the net
Cash to Close due Seller.
13.1.6. Fo__~. Such federal income tax
reports respecting the sale of the Property as are required by the
Internal Revenue Code.
- 13 -
13.1.7. Authorizina Resolutions. Certificates or
such resolutions in form and content as Buyer may reasonably
request evidencing Seller's existence, power, and authority to
enter into and execute this Contract and to consummate the
transaction herein contemplated.
13.1.8. Additional Docum~nt~. Such additional
documents as Buyer or Title COmpany may reasonably request in order
to convey the Property to Buyer including, but not limited to,
affidavits regarding the trust.
13.1.9 Pre-Closina Delivery. Copies of Seller's
Closing Documents shall be delivered to Buyer's Attorney for review
not less than seven (7) days prior to the Closing Date.
13.1.10 Disclosure Affidavit. Seller shall also
deliver to Buyer at least ten (10) days prior to Closing, an
affidavit in recordable form in order to comply with the provisions
of § 286.23, Fla. Stat.
14. Closina Procedure. The Closing shall proceed in the
following manner:
14.1. -Transfer of F~DOs. Buyer shall pay the Cash to
Close and Escrow Agent shall deliver the Deposit to the Closing
Agent bywire transfer to a depository designated by Closing Agent.
14.2. Delivery of Documents. Seller shall deliver
Seller's Closing Documents to Closing Agent.
14.3. Disbursement of Funds and Document~. Once the
Title Company has "insured the gap," i.e., endorsed the Title
Commitment to delete the exception for matters appearing between
the effective date of the Title Commitment and the effective date
of the Title Policy, then Closing Agent shall disburse the Deposit
and Cash to Close to Seller, and the Seller's Closing Documents to
Buyer; provided, however, that Closing Agent shall record the Deed
in the Public Records of the county where the Land is located.
15. Prorations and Closin= Cost~.
15.1. Prorations. The following items shall be prorated
and adjusted between Seller and Buyer as of the midnight preceding
the Closing, except as otherwise specified:
15.1.1. Taxes. Seller acknowledges and agrees that
the Property is being purchased by an exempt governmental entity
and that Seller must comply with ~ 196.295, Fla. Stat. regarding
real estate taxes.
- 14
15.1.2. U il't De ' . Seller shall receive a
credit for any deposits with utility companies to the extent such
deposits are assignable and are assigned to Buyer.
15.1.3. Utilities. Water, sewer, electricity, gas
and other utility charges, if any, shall be prorated on the basis
of the fiscal period for which assessed, except that if there are
utility meters for the Property, apportionment at the Closing shall
be based on the last available reading.
15.1.4. License and Permit Fees. License and
permit fees shall be prorated only if the respective license or
permit is transferable to Buyer.
15.1.5. Oth~. Ail other income and expenses
of the Property shall be prorated or adjusted in accordance with
this Contract.
15.1.6. Pendinq and Certified Liens. Certified
governmental liens and pending governmental liens for which work
has been substantially completed shall be paid by the Seller and
other pending liens shall be assumed by the Buyer.
15.2. Seller's Closin~ Costs. Seller Shall pay for the
following items prior to or at the time of Closing:
Documentary stamps and surtax on the Deed
Cost of recording any corrective instruments
Certified and pending governmental special
assessment liens for which the work has been
substantially completed
15.3. Buyer's Closing Cogts. Buyer shall pay for the
following items prior to or at the time of Closing:
Recording of Deed
Title Commitment
Title Policy
Survey
Pending special assessment liens for
which the work has not been
substantially completed
Any costs and fees in connection
with the Existing Mortgage,
modifications and assumptions
15.4. Reprorations. At the Closing, the above
referenced items shall be prorated and adjusted as indicated. If
sUbsequent to the Closing taxes for the year of Closing are
determined to be higher or lower than as prorated, a reproration
and adjustment will be made at the request of Buyer or Seller upon
presentation of actual tax bills, and any payment required as a
15 -
result of the reproration shall be made within ten (10) days
following demand therefor. All other prorations and adjustment
shall be final. If any refund of real property taxes is made after
the Closing Date for a period prior to the Closing Date, the same
shall be applied first to the cost incurred in obtaining same and
second to the refunds due to tenants by reason of the provisions of
their respective Leases; the balance, if any, shall be paid to
Seller (for the period prior to the Closing Date} and to Buyer (for
the period commencing with the closing Date). The provisions of
this Section shall survive the delivery of the Deed.
16. ~. Buyer shall be granted full possession
of the Property at Closing subject to the Leases.
17. Condemnation and Damage bv CasualtV.
17.1. ~. In the event of the
institution of any proceedings by any Governmental Authority which
shall relate to the proposed taking of any portion of the Property
by eminent domain prior to Closing, or in the event of the taking
of any portion of the Property by eminent domain prior to Closing,
Seller shall promptly notify Buyer and Buyer shall thereafter have
the right and option to terminate this Contract by giving Seller
written notice of Buyer's election to terminate within thirty (30)
days after receipt by Buyer of the notice from Seller. Seller
hereby agrees to furnish Buyer with written notice of a proposed
condemnation within two (2) business days after Seller's receipt of
such notification. Should Buyer terminate this Contract, then,
except as otherwise provided for herein, the parties hereto shall
be released from their respective obligations and liabilities
hereunder. Should Buyer elect not to terminate, the parties hereto
shall proceed to Closing and Seller shall assign all of its right,
title and interest in all awards in connection with such taking to
Buyer.
17.2. Damaq~ by Casualty.
17.2.1. Damaqe Not in Excess of $200.000.0.0. if,
after the Effective Date but prior to the Closing Date, any damage
occurs from fire, windstorm or other casualty to the Property, and
the cost to repair such loss or damage does not exceed Two Hundred
Thousand Dollars ($200,000.00), then in such even the Closing shall
be consummated as provided for herein and Seller shall cause said
damage to be repaired and the Property to be restored to the
condition in which it existed immediately prior to such damage.
Seller shall effect such repair and restoration before the Closing
Date, and if such damage cannot be repaired by the Closing Date,
then at the Buyer's option (a) the Closing Date shall be postponed
until such repairs have been completed, or (b) the reasonable cost
of such repairs, as estimated by the Buyer, shall be withheld from
the Purchase Price and paid over to the Seller upon completion of
the repairs and delivery to the Buyer of satisfactory evidence that
all mechanics, labors and materialmen providing services or
materials in connection therewith have been paid in full and the
Seller's obligation to complete such repairs promptly shall survive
the Closing hereunder.
17.2.2. ~ama~e in Excess of $200,000.90. If the
cost to repair such damage or destruction exceeds $200,000.00, then
within thirty (30) days after written notice from Seller that such
costs exceed $200,000.00, Buyer shall have the option by written
notice to Seller, to terminate this Contract and except as
otherwise provided for herein, neither Buyer nor Seller shall have
any further rights or obligations hereunder. Unless Buyer timely
notifies Seller of its election to terminate this Contract, Buyer
shall be required to close this transaction in accordance with the
Contract and Seller shall assign unto Buyer any and ail insurance
proceeds. In such event, Seller shall have no additional
obligation if such insurance proceeds are insufficient or
unavailable to repair such damage.
18.1. Bu er's Defa it. In the event that this
transaction fails to close due to a refusal or default on the part
of Buyer, the sole right of the Seller shall be to recover, and the
sole liability of the Buyer shall be to pay to Seller the Deposit
as agreed upon liquidated damages and thereafter, except as
otherwise specifically set forth in this Contract, neither Buyer
nor Seller shall have any further obligation under this Contract.
Buyer and Seller acknowledge that if Buyer defaults, Seller will
suffer damages in an amount which cannot be ascertained with
reasonable certainty on the Effective Date and the amount of the
liquidated damages to be paid to Seller most closely approximates
the amount necessary to compensate Seller in the event of such
default. Buyer and Seller agree that this is a bona fide
liquidated damages provision and not a penalty or forfeiture
provision. The Seller shall not be entitled to any other remedy
against Buyer.
18.2. Se let' D . In the event that this
transaction fails to close due to a refusal or default on the part
of Seller, Buyer shall have the option to terminate the Contract in
which event Seller shall reimburse Buyer for Buyer's Costs, and
thereafter neither Buyer nor Seller shall have any further
obligation hereunder, or, in the alternative, Buyer shall have the
right to seek specific performance and/or damages against Seller.
19. Real Estate Commission. Seller represents and warrants
to Buyer and Buyer represents and warrants to Seller that there are
no brokers, salespersons or finders involved in this transaction.
Seller and Buyer agree to indemnify and hold each other harmless
from any and all claims for any brokerage fees. or similar
- 17
commissions asserted by brokers, salespersons or finders claiming
by, through or under the indemnifying party. The provisions of
this Section shall survive the Closing or termination of this
Contract.
20. ~otices. Any notice, request, demand, instruction or
other communication to be given to either party hereunder, except
where required to be delivered at the Closing, shall be in writing
and shall be hand-delivered or sent by Federal Express or a
comparable overnight mail service, or mailed by U.S. registered or
certified mail, return receipt requested, postage prepaid, to
Buyer, Seller, Buyer's Attorney, and Seller's Attorney, at their
respective addresses set forth in Section 1 of this Contract.
Notice shall be deemed to have been given upon receipt or refusal
of delivery of said notice. Notices may be given by telecopy
provided a hard copy of such notice is mailed in accordance with
this Section on the next business day following such telecopy
delivery. The addressees and addresses for the purpose of this
paragraph may be changed by giving notice. Unless and until such
written notice is received, the last addressee and address stated
herein shall be deemed to continue in effect for all purposes
hereunder.
21. Assignment. This Contract may be freely assigned by
Buyer without Seller's consent and thereafter Buyer shall be
relieved of all obligation hereunder provided that Buyer's assignee
shall be obligated to close under this Contract in the same manner
as Buyer. In the event of an assignment of this Contract by Buyer,
a duly executed Assignment of this Contract shall be delivered to
Seller on or before the Closing Date.
22. Miscellaneous.
22.1. Counterparts. This Contract may be executed in
any number of counterparts, any one and all of which shall
constitute the contract of the parties and each of which shall be
deemed an original.
22.2. Section and ParaqraDh Hearina~. The section and
paragraph headings herein contained are for the purposes of
identification only and shall not be considered in construing this
Contract.
22.3. Amendment. No modification or amendment of this
Contract shall be of any force or effect unless in writing executed
by both Seller and Buyer.
22.4. Attorneys~ F¢~s. If any party obtains a judgment
against any other party by reason of breach of this Contract,
Attorneys' Fees and costs shall be included in such judgment.
22.5. Confidentialit . Durin9 the term of this
Contract, neither Seller nor Buyer or their respective officers or
employees shall divulge or communicate any of the particular terms
of this Contract or the existence of this Contract or any matters
related to this transaction to any third party (except for
Counsel). Buyer may communicate with professional agents or
consultant which are necessary for advising Buyer regarding any
inspections or due diligence items set forth in this Contract.
Neither Seller nor Buyer shall divulge any information to third
parties without specific written consent of the other party. After
closing, Seller may disclose any information which is in the public
records, and Buyer may disclose any information which it desires to
disclose.
22.6. Govern'n Law. This Contract shall be interpreted
in accordance with the internal laws of the State of Florida, both
substantive and remedial.
22.7. Ent're Cont ct. This Contract sets forth the
entire agreement between Seller and Buyer relatinG to the ~roperty
and all subject matter herein and supersedes all prior and
contemporaneous negotiations, understandings and agreements,
written or oral, between the parties.
22.8. ~ime is of th~ Essence. Time is of the essence in
the performance of all obligations by Buyer and Seller under this
Contract.
22.9. Computation of Timm. Any reference herein to time
periods of less than six (6) days shall exclude Saturdays, Sundays,
and legal holidays in the computation thereof. Any time period
provided for in this Contract which ends on a Saturday, Sunday or
legal holiday shall extend to 5:00 p.m. on the next full business
day.
22.10. Successors and Assiqns. This Contract shall inure
to the benefit of and be binding upon the permitted successors and
assigns of the parties hereto.
22.11. Survival. Ail representations and warranties of
Seller set forth in this Contract shall survive the Closing.
22.12. Ac__q_qg~tance Date. This Contract shall be null and
void and of no further force and effect unless a copy of same
executed by Seller is delivered to Buyer by the close of business
on the Acceptance Date.
22.13. Co__nstruction of Contract. Ail of the parties to
this Contract have participated freely in the negotiation and
preparation hereof; accordingly, this Contract shall not be more
strictly constr%zed against any one of the parties hereto.
IN WITNESS WHEREOF~ the partie~
C~Lz'a~ as of ghe da~es mndicated b~low.
Print Name:
De. re: __
By:
Name: ~ric M,
TiLie: City
Date:
City ~H~ .......
20 -
Florida
more
- 21 -
Pe-~it t~E_~tions
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council City~e
Eric M. Soroka, r
October 17, 1996
Ordinance Designating the
Agency (LPA)
City Council as
the Local Planning
November 5, 1996 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council approve the attached Ordinance, which
designates the City Council as the local planning agency, as required by State Statute
Chapter 163. It is further recommended that the City Manager be authorized to
properly notify all appropriate parties of this action, as required by statute.
Back,qround
Chapter 163 of the Florida Statutes requires that newly formed municipalities "...within
1 year after incorporation, establish a local planning agency...." The state mandated
responsibilities of the LPA include:
1. The preparation of the comprehensive plan or plan amendments;
2. Review of proposed land development regulations; and,
3. Any other functions, duties, and responsibilities assigned by the governing body
(City Council).
The Statute also provides for the LPA to be either the governing body (City Council),
the local planning commission (Planning and Zoning Board), or the planning
department of the local government (Community Development Department).
While the Council has on several occasions discussed the roles and responsibilities
which they wish to delegate to the Planning and Zoning Board, a final decision has not
yet been made. However, at this time, the City finds itself in the position of needing to
comply with state statute, while discussions regarding the ultimate role of the Planning
and Zoning Board are still not fully crystallized. As result of this situation, I believe that
Memo to City Council
Page 2
would be prudent for the City Council to designate itself as the LPA. This designation
can be revisited by the Council at any time. Therefore, if the Council wishes to, in the
future, delegate these functions to the Planning and Zoning Board, or some other entity,
they retain their discretion to do so.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0139-96
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F.S. 1995
Such joint agreement shall be formally stated and
approved in appropriate official action by the governing
bodies involved.
(2) A county shall exercise authority under this act
for the total unincorporated area under its jurisdiction or
in such unincorporated areas as am not included in any
joint agreement with municipalities established under
the provisions of subsection (1). In the case of chartered
counties, the county may exercise such authority over
municipalities or districts within its boundaries as is pro-
vided for in its charter.
(3) Combinations of municipalities within a county,
or counties, or an incorporated municipality or munici-
palities and a county or counties, or an incorporated
municipality or municipalities and portions of a county or
counties may jointly exercise the powers granted under
the provisions of this act upon formal adoption of an offi-
cial agreement by the governing bodies involved pursu-
ant to law. No such official agreement shall be adopted
by the governing bodies involved until a public hearing
on the subject with public notice has been held by each
governing body involved. The general administration of
any joint agreement shall be governed by the provisions
of s. 163.01 except that when there is conflict with this
act the provisions of this act sha~l govern.
History.--s 5, ch 75-257: s. 4, ct~ 85-55; s 8, ch 95-310
163.3174 Local planning agency.--
(1) The governing body of each local government,
individually or in combination as provided in s. 163.3171,
s?all designate and by ordinance establish a "local plan-
ning agency," unless the agency is otherwise estab-
lished by law. The governing body may designate itself
as the local planning agency pursuant to this subsec-
tion. The governing body shall notify the state land plan-
ning agency of the establishment of its local planning
agency. All local planning agencies shall provide oppor-
tunities for involvement by district school boards and
applicable community college boards, which may be
accomplished by formal representation, membership on
technical advisory committees, or other appropriate
means. The local planning agency shall prepare the
comprehensive plan or plan amendment after hearings
to be held after public notice and shall make recommen-
dations to the governing body regarding the adoption or
amendment of the plan. The agency may be a local plan-
ning commission, the planning department of the local
government, or other instrumentality, including a
countywide planning entity established by special act or
a council of local government officials created pursuant
to s. 163.02, provided the composition of the council is
fairly representative of all the governing bodies in the
county or planning area; however:
(a) If a'joint planning entity is in existence on the
effective date of this act which authorizes the governing
bodies to adopt and enforce a land use plan effective
throughout the joint planning area, that entity shall be
the agency for those local governments until such time
as the authority of the joint planning entity is modified
by law.
(b) In the case of chartered counties, the planning
responsibility between the county and the several
municipalities therein shall be as stipulated in the char-
ter.
(2) Nothing in this act shall prevent the governing
body of a local government that participates in creating
a local planning agency serving two or more jurisdictions
from continuing or creating its own local planning
agency. Any such governing body which continues or
creates its own local planning agency may designate
which local planning agency functions, powers, and
duties will be performed by each such local planning
agency.
(3) The governing body or bodies shall appropriate
funds for salaries, fees, and expenses necessary in the
conduct of the work of the local planning agency and
shall also establish a schedule of fees to be charged by
the agency. To accomplish the purposes and activities
authorized by this act, the local planning agency, with
the approval of the governing body or bodies and in
accord with the fiscal practices thereof, may expend all
sums so appropriated and other sums made available
for use from fees, gifts, state or federal grants, state or
federal loans, and other sources; however, acceptance
of loans must be approved by the governing bodies
involved.
{4) The local planning agency shall have the general
responsibility for the conduct of the comprehensive
planning program. Specifically, the local planning
agency shall:
(a) Be the agency responsible for the preparation of
the comprehensive plan or plan amendment and shall
make recommendations to the governing body regard-
ing the adoption or amendment of such plan. During the
preparation of the plan or plan amendment and prior to
any recommendation to the governing body, the local
planning agency shall hold at least one public hearing,
with public notice, on the proposed plan or plan amend-
ment. The governing body in cooperation with the local
planning agency may designate any agency, commit-
tee, department, or person to prepare the comprehen-
sive plan or plan amendment, but final recommendation
of the adoption of such plan or plan amendment to the
governing body shall be the responsibility of the local
planning agency.
(b) Monitor and oversee the effectiveness and sta-
tus of the comprehensive plan and recommend to the
governing body such changes in the comprehensive
plan as may from time to time be required, including
preparation of the periodic reports required by s.
(c) Review proposed land development regulations,
land development codes, or amendments thereto, and
make recommendations to the governing body as to the
consistency of the proposal with the adopted compre-
hensive plan, or element or portion thereof, when the
local planning agency is serving as the land develop-
ment regulation commission or the local government
requires review by both the local planning agency and
the land development regulation commission.
(d) Perform any other functions, duties, and respon-
sibilities assigned to it by the governing body or by gen-
eral or special law.
(5) AIl meetings of the local planning agency shall be
public meetings, and agency records shall be public rec-
ords.
Hist~.--$ 6, ch. 7,~257: s 1, ch 77 223; s. 5, ch. 8555; s. 2, ch. 92-129; s.
1224
F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 16r~
adoption by the regional planning agency of a compre-
hensive plan, or element or portion thereof, pursuant to
this subsection, the regional planning agency shall
transmit a copy of the proposed comprehensive plan, or
element or portion thereof, to the local government and
the state land planning agency for written comment. The
state land planning agency shall review and comment
on such plan, or element or portion thereof, in accord-
ance with s. 163.3184(6). Subsections (6), (7), and (8) of
s. 163.3184 shall be applicable to the regional planning
agency as if it were a governing body. Existing compre-
hensive plans shall remain in effect until they are
amended pursuant to subsection (2), this subsection, s.
163.3187, or s. 163.3189.
(4) A municipality established after the effective
date of this act shall, within 1 year after incorporation,
establish a local planning agency, pursuant to s.
163.3174, and prepare and adopt a comprehensive plan
of the type and in the manner set out in this act within
3 years after the date of such incorporation. A county
comprehensive plan shall be deemed controlling until
the municipality adopts a comprehensive plan in accord
with the provisions of this act. If, upon the expiration of
the 3-year time limit, the municipality has not adopted
a comprehensive plan, the regional planning agency
shall prepare and adopt a comprehensive plan for such
municipality.
(5) Any comprehensive plan, or element or portion
thereof, adopted pursuant to the provisions of this act,
which but for its adoption after the deadlines estab-
lished pursuant to previous versions of this act would
have been valid, shall be valid.
(6) When a regional planning agency is required to
prepare or amend a comprehensive plan, or element or
portion thereof, pursuant to subsections (3) and (4), the
regional planning agency and the local government may
agree to a method of compensating the regional plan-
ning agency for any verifiable, direct costs incurred. If
an agreement is not reached within 6 months after the
date the regional planning agency assumes planning
responsibilities for the local government pursuant to
subsections (3) and (4) or by the time the plan or ele-
ment, or portion thereof, is completed, whichever is ear-
lier, the regional planning agency shall file invoices for
verifiable, direct costs involved with the governing body,
Upon the failure of the local government to pay such
invoices within 90 days, the regional planning agency
may, upon filing proper vouchers with the State Comp-
troller, request payment by the State Comptroller from
unencumbered revenue or other tax sharing funds due
such local government from the state for work actually
performed, and the State Comptroller shall pay such
vouchers; however, the amount of such payment shall
not exceed 50 percent of such funds due such local gov-
ernment in any one year.
(7) A local government that is being requested to
pay costs may seek an administrative hearing pursuant
to s, 120.57 to challenge the amount of costs and to
determine if the statutory prerequisites for payment
have been complied with. Final agency action shall be
taken by the state land planning agency. Payment shall
be withheld as to disputed amounts until proceedings
under this subsection have been completed.
(8) Nothing in this act shall limit or modify the rights
of any person to complete any development that has
been authorized as a development of regional impact
pursuant to chapter 380 or who has been issued a final
local development order and development has com-
menced and is continuing in good faith.
(9) The Reedy Creek Improvement District shall
exercise the authority of this part as it applies to munici-
palities, consistent with the legislative act under which
it was established, for the total area under its jurisdic-
tion.
(10) Nothing in this part shall supersede any provision
of ss. 341.321-341,386.
(11) Each local government is encouraged to articu-
late a vision of the future physical appearance and quali-
ties of its community as a component of its local compre-
hensive plan. The vision should be developed through
a collaborative planning process with meaningful public
participation and shall be adopted by the governing
body of the jurisdiction. Neighboring communities, espe-
cially those sharing natural resources or physical or eco-
nomic infrastructure, are encouraged to create collec-
tive visions for greater-than-local areas. Such collective
visions shall apply in each city or county only to the
extent that each local government chooses to make
them applicable. The state land planning agency shall
serve as a clearinghouse for creating a community vision
of the future and may utilize the Growth Management
Trust Fund, created by ~s. 186.911, to provide grants to
help pay the costs of local visioning programs. When a
local vision of the future has been created, a local gov-
ernment should review its comprehensive plan, land
development regulations, and capital improvement pro-
gram to ensure that these instruments will help to move
the community toward its vision in a manner consistent
with this act and with the state comprehensive plan. A
local or regional vision must be consistent with the state
vision, when adopted, and be internally consistent with
the local or regional plan of which it is a component. The
state land planning agency shall not adopt minimum
criteria for evaluating or judging the form or content of
a local or regional vision.
(12) An initiative or referendum process in regard to
any development order or in regard to any local compre-
hensive plan amendment or map amendment that
affects five or fewer parcels of land is prohibited.
163.3171 Areas of authority under this act.--
(1) A municipality shall exercise authority under this
act for the total area under its jurisdiction. Unincorpo-
rated areas adjacent to incorporated municipalities may
be included in the area of municipal jurisdiction for the
purposes of this act if the governing bodies of the
municipality and the county in which the area is located
agree on the boundaries of such additional areas, on
procedures for joint action in the preparation and adop-
tion of the comprehensive plan, on procedures for the
administration of land development regulations or the
land development code applicable thereto, and on the
manner of representation on any joint body or instru-
ment that may be created under the joint agreement.
1223
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
DESIGNATING THE CITY COUNCIL AS THE LOCAL
PLANNING AGENCY FOR THE CITY OF AVENTURA;
PROVIDING FOR TRANSMITTAL; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.3174 of the Florida Statutes provides that the governing
body of each local government shall designate by ordinance a local planning agency; and
WHEREAS, the City Council of the City of Aventura wishes to designate itself as
the Local Planning Agency for the City of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Aventura is hereby designated as
the Local Planning Agency for the City.
Section 2. That the City Clerk is hereby authorized to transmit a copy of this
Ordinance to the state land planning agency.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not 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. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember who moved
Ord. No. 96-
Page 2
its adoption on first reading. This motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur h Snyder
The foregoing Ordinance was offered by Councilmember
its adoption on second reading. This motion was seconded
, and upon being put to a vote, the vote was as follows:
, who moved
by Councilmember
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __ day of November, 1996.
PASSED AND ADOPTED on second reading this __ day of November, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
/tm$
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City~Vl~
-(
Jaye M. Epstein, AICP,'[
October 25, 1996
torof Community Development
Ordinance Requiring All Building Contractors to Register with
the City of Aventura
Ist Reading November 5, 1996 City Council Meeting Agenda Item ~
2nd Reading November 19, 1996 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council approve the attached Ordinance which
requires all building contractors that perform work within the City of Aventura to
register with the City. The subject Ordinance is being proposed in order to better
protect the residents of Aventura from unlicensed and/or uninsured contractors.
Background
The City requires contractors, whose primary place of business is within the
municipal limits, to obtain an occupational license from the City. However,
contractors whose primary place of business lies outside Aventura, or even Dade
County, should also be required to register with the City. By implementing this
type of registration, the City can better assure our residents that contractors with
which they choose to do business have current and proper certifications,
registrations, licenses, and insurance. There have already been instances
where residents have been victimized by unlicensed contractors working without
permits. This registration will not eliminate these situations, but it should reduce
their occurrences. Additionally, this type of registration creates a data base to
which our residents can avail themselves prior to entering into a contract for work
with a contractor.
The Ordinance, as drafted, requires an annual renewal of the registration and
includes an administrative processing fee of $35. The Ordinance is drafted in a
manner which will allow the Council to adjust the fee, in the future, by Resolution.
If you have any questions, please feel free to contact me.
JME/ne
Attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A REQUIREMENT FOR ALL
BUILDING CONTRACTORS CONDUCTING BUSINESS
WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF
AVENTURA TO REGISTER WITH THE CITY; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to reduce the vulnerability of its residents to
unlicensed, uninsured and uncertified contractors; and
WHEREAS, the City Council has held a public hearing to enact such regulation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS THAT:
Section I. Definition. In construing the provisions hereof and each and
every word, term, phrase or part hereof where the context will permit, the following
definition will apply:
Contractor. "Contractor" is any person, firm, joint venture or corporation that
engages in the business under express or implied contract, in any of the trades, or who
undertakes or offers to undertake or purports to have the capacity to undertake, or
submits a bid to, or does himself or by or through others, engage in the business of
doing a trade. An owner-builder or a person who only furnishes material, supplies or
equipment without fabricating them into or consuming them in performance of the work
of a Contractor, or any person who engages in the activities herein regulated as an
employee with wages as his sole compensation shall not be considered as a
Contractor.
Ordinance No.
Page 2
Section 2. Building Contractor's Registration Required. All Contractors
performing work within the municipal boundaries of the City of Aventura, or who have
made application for building permits from the City of Aventura shall be required to
register annually with the City of Aventura. All such Contractors shall register with the
City's Community Development Department at the time of the renewal of their
Occupational License or within seven (7) days thereof, or prior to the application for a
building permit, whichever applies. Requirements for registration shall be as follows:
A. Qualifier for the Contractor must appear in person and provide:
i. Current Certificate of Competency;
ii. Current Liability and Workers Compensation Certificate of Insurance,
addressed to the City of Aventura;
iii. Dade County registration (if Dade County licensed, a state registration
is required; if State licensed, a Dade County registration is required);
iv. Current Occupational License from the area of primary business. If
Dade County licensed, must also provide a municipal Occupational
License;
v. At the qualifier's option, he/she may, at the time of registration,
provide a list of employees who are authorized to pick up building
permits on their behalf.
B. All building permits must be signed and notarized by the qualifier.
Ordinance No.
Page 3
C. In the event that the Community Development Department deems necessary,
the qualifier must appear at all building inspections, sign for all building
permits and appear at any and all times required. Failure to appear will result
in all privileges to engage in contracting in the City of Aventura being subject
to revocation.
D. The fee for this registration shall be $35 per year, or as may be amended by
Resolution of the City Council of the City of Aventura. (The fee component of
registration shall not be applicable in those instances where preempted by
Section 205.065, Florida Statutes.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not 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. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember , who
moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
3
Ordinance No.
Page 4
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who moved
its adoption on second reading. This motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __ day of November, 1996.
PASSED AND ADOPTED on second reading this day of November, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City,/~1;~['~r
October 30, 1996
Ordinance Amending 1996197
Revenues and Appropriations
Budget to Recognize
Additional
Ist Reading November 5, 1996 City Council Agenda Item
2nd Reading November 19, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance amending the
1996/97 Budget to recognize $3,293,353 in additional revenue sources and allocate
same to specific budget line items.
Background
As you are aware, since the time the 1996/97 Budget was adopted, several
developments occurred that resulted in additional revenue sources becoming available
to the City. The following is a summary of the additional sources not originally included
in the budget:
Cigarette Tax
State Revenue Sharing
Half Cent Sales Tax
Carryover
Transfer from Street Maintenance Fund
Total Additional Revenues
$ 17,000
135,000
780,000
2,007,000
354,353
$3,293,353
The carryover figure was calculated as follows:
County Revenue from Interlocal Agreement
Excess Carryover from 1995/96 Fiscal Year
$1,507,000
500,000
$ 2,007,000
The Transfer from Street Maintenance Fund was calculated as follows:
State Revenue Sharing
Local Option Gas Tax
Interest Earnings
Carryover
$ 72,000
260,000
3,000
19,353
$354,353
It is recommended that the additional revenue be allocated to the following expenditure
line items:
1. Police Department - Capital Outlay: Increase line item by $200,000 to fund radio
equipment pumhase and other departmental needs.
2. Community Services - Capital Outlay:
$830,000 to fund and expedite
beautification projects.
Increase funding for beautification projects by
median improvement projects and other
3. Community Services - Capital Outlay: Increase funding by $125,000 for safety
improvements to fully fund barrier improvement project for the Country Club Drive
exemise path. A majority of this increase will be funded by gas tax proceeds.
Capital Reserve - Capital Outlay: Place remaining amount of $2,138,353 in capital
reserve account. This will establish a reserve account of $2,941,653 including the
previous amount budgeted. This can be used in future years to assist in the funding
of capital construction projects and other uses as determined by the City Council.
Once the actual police and park impact fee amounts are determined with the County,
another budget amendment will be presented to the City Council to establish the Impact
Fee Fund.
In addition to the budget amendments described above, the following position
classification revisions are proposed:
1. Police Department: The Police Chief has reviewed the original organization and
personnel structure included in the 1996/97 Budget, which was prepared prior to his
appointment. In order to provide proper patrol and traffic enforcement supervision,
he has recommended that four Police Officer positions be reclassified to Sergeant
positions. In addition, he has also recommended that one Lieutenant position be
reclassified to Commander which would be a non-sworn position in charge of
Support Services for the Depadment. The revisions result in no net increase in
personnel.
2. Office of the City Manaqer: In order to establish a job title that is more reflective of
the actual responsibilities of the position, it is recommended that the Customer
Service Assistant position be reclassified to Administrative Assistant to the City
Manager. The role of the position has expanded into other administrative
responsibilities than just customer service and citizen response.
Should you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0142-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Council hereby authorizes the amendment of Ordinance
No. 96-18, which Ordinance adopted a budget for the 1996/97 fiscal year, by revising
the 1996/97 budget as set forth on the attached Exhibit "A", which exhibit is deemed
incorporated by reference as though set forth in full herein.
Ordinance No. 96-
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
, who
moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who moved
its adoption on second reading. This motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry HoIzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 5th day of November, 1996.
2
Ordinance No. 96-
Page 3
PASSED AND ADOPTED on second reading this __ day of November, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
Exhibit "A"
Revenues
GENERAL FUND
Adopted
Budget
Amendment Revised
Amount Budget
335110
335120
335180
Interaovernmental Revenues 3-9
Cigarette Tax
State Revenue Sharing
Half Cent Sales Tax
SUBTOTAL
0 17,000 17,000
0 135,000 135,000
0 780,000 780,000
399900
381105
Non-Revenue 8-9
Carryover
Transfers From Street Maint. Fund
SUBTOTAL
Total General Fund
300,000 2,007,000 2,307,000
0 354,353 354,353
STREET MAINTENANCE FUND
Revenues
InterRovernmental Revenues 3-9
335120 State Revenue Sharing 0
335300 Local Option Capital Improvement Gas Tax
335301 Local Option Gas Tax 0
SUBTOTAL
72,000 72,000
80,000 80,000
180,000 t80,000
361000
Misc. Revenues 6-9
InterestEarnings
SUBTOTAL
0 3,000 3,000
399900
Non -Revenue 8-9
Carryover
SUBTOTAL
Grand Totals
Total Amendments-Revenues
0 19,353 19,353
Exhibit "A" Continued
6~60-6205
GENERAL FUND
Expenditures
Capital Outlay Adopted Amendment Revised
Budget Amount Budget
Public Safety - 52`1
Equipment $ '135,000 200,000 335,000
6-60-6601
6-60-6603
Community Services - 539
Beautification Projects 270,000 830,000 1,'100,000
Safety Improvements 85,000 125,000 2'10,000
6-60-6999
Non. Deoartmentsl - 590
Capital Reserve
Grand Totals
Total Amendments-Expenditures
803,300 2,138,353 2,94'1,653
Position - Revisions
Number Description
Action
Police Department
2006 Lieutenant
2006 Commander
2007-2010 Police Officer
2007-2010 Sergeants
delete
add
delete
add
Office of the City Manager
0503 Customer Service Asst. delete
0503 Administrative Assistant to Cty Mgr-add
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric~
Chief Thomas E.
October 28, 1996
Police Radio Equipment
More than a year ago the Metro Dade Police Department instituted a change over in
their police radio system and the bid was awarded to GE/Erickson. Dade County
Police, and all municipal police departments using the Dade County Police radio
frequency, have had to purchase new police radios that are compatible with this
system. Most municipalities have utilized the inter-local agreement, wherein Dade
County will fund the entire purchase of the radios for the participating municipality. That
municipality then pays them back, at no interest, over a period of ten years. The City of
Aventura did not incorporate until quite some time after the other municipalities had
already participated in the inter-local agreement.
We can seek approval to participate in the inter-local agreement, via the county
commission, but this may prove to be a time consuming process. We may also
purchase the radios through GE/Erickson by paying the full amount for the radios at the
time of purchase. This method would be the most expeditious and would ensure that
our police officers would have the radios for use prior to April 1, 1997.
The total cost is $278,947.80. I would like this amount to be considered for a budget
amendment. See attached sheet for list of items and their cost.
TER:ca
atttachment
Below
the Interlocal
Qty
5O
50
10
4
30
4
60
84
Aventura Police Department
2999 N.E. 191 Street
Suite 500
Aventura, FL 33180
Attachment "A"
is a list of G.E. Erickson 800 Mhz radio equipment to be purchased via
Agreement for use by the Aventura Police Department.
Model/Description
Cost each Total
PK3ZGE AEGIS MRK
Portable Scan + Encryption
$2,544.00
$127,200.00
D28MG1 Orion Front Mount
35WScan
$1,884.22 $94,211.00
DSDX01 Orion Desktop
Local Control/Encryption
$5,143.50 $5,143.50
PK1ZGE AEGIS MRK-1
Portable/Encryption
$2,252.00
$22,520.00
D28MG2 Orion Front Mount
35W System/Motorcycle
$2,677.40
$10,709.60
PKAE3C
Speaker/Mic/Antenna
$125.00 $3,750.00
CH6RK1 Gang Charger $448.50
$1,794.00
CH1RK1 Single Charger $74.75
$4,485.00
PKPA1Y Extra Hi-Capacity
Batteries
$89.00
$7,476.00
Cwptographic Key Loader
VGE (Rate 11)
$1,539.00
$1,539.00
MRK Interconnect Cable
(Rate 11 )
$119.70
$119.70
TOTAL COST $278,947.80
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
October 31, 1996 ~,~
Ordinance Establishing Interim Police Services Impact Fees
Ist Reading November 5, 1996 City Council Agenda Item
2"d Reading November 19, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which
establishes an impact fee for police services. The Ordinance adopts the existing Dade
County fee structure until such time that the City adopts its own Comprehensive Plan or
Impact Fee Study.
Back.clround
As a newly-incorporated City, we have the authority under Florida Statute Chapter 163
to adopt impact fees to ensure that new development bears a proportionate share of
the cost of capital expenditures to accommodate such development. Based on our
research and in accordance with State and County requirements, the City can adopt
impact fees for police services and parks and recreation. The County collects Fire and
Emergency Medical Services impact fees based on the fact that they provide Fire
Rescue Services in the City. The Dade County School Board collects impact fees for
schools. In addition, the Dade County Comprehensive Plan provides for the County to
collect road impact fees for regional roads and traffic-ways that appear on the
Countywide plan.
The attached Ordinance adopts the County's fee schedule for Police Services Impact
Fees as follows:
Residential $96.47/unit
Non-residential $0.140/square foot
October 31, 1996
Page 2
The fee is required to be paid at time of the application for a building permit. Impact
Fee amounts collected by the City will be placed in a separate fund and can only be
used for capital expenditures as defined in the Ordinance. The Ordinance will provide a
revenue source to assist in funding capital expenditures and building construction
relative to the provision of police services.
We are currently preparing an Impact Fee Ordinance for Parks and Recreation, which
will be presented to the Council in the near future.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0144-96
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE
FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR
IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT
FEE COMPUTATION FORMULA; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPACT FEE
EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF
IMPACT FEE FUND; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. Short Title. This Ord'inance shall be known and may be cited as
the Interim Police Services Impact Fee Ordinance.
Section 2. Legislative Findings. The City Council finds, determines and
declares that:
a) Until such time as the City of Aventura adopts its own Comprehensive
Plan or Impact Fee Study, the City hereby adopts the Impact Fee
amounts established by Dade County for Police Services.
b) The Florida Legislature, through enactment of Florida Statutes Chapter
163, has sought to encourage the City of Aventura to enact impact
fees.
c) The Florida Legislature, through enactment of Florida Statutes Chapter
163, has provided that until the City of Aventura prepare and adopts its
own Comprehensive Plan, but within three (3) years following
incorporation, the Dade County Master Development Plan shall be
deemed the effective Plan.
d) The Dade County Board of County Commissioners has adopted
impact fees which it has determined to be consistent with and in
furtherance of the goals, objectives and policies of its adopted
Comprehensive Plan.
e) The provision of adequate police protection is essential for the safety
of the public.
f) New development in the City will directly and adversely impact existing
police services. In order to maintain adequate police protection for the
existing population and to accommodate projected population due to
new development, additional capital resources are required.
Section 3. Definitions. In construing the provisions hereof and each and
every word, term, phrase or part hereof where the context will permit, the following
definitions will apply:
Applicant means the person who applies for a building permit or submits a plat or
waiver of plat.
ORDINANCE NO.
Page 2
Building means any structure having a roof entirely separated from any other
structure by space or by walls in which there are no communicating doors or windows
or any similar opening and erected for the purpose of providing support or shelter for
persons, animals, things or property of any kind.
Building Permit means an official document or certificate issued by the City of
Aventura Community Development Department authorizing the construction siting, or
change of use of any building. For purposes of this Ordinance, the term "Building
Permit shall also include tie-down permits for those structures or Buildings, such as
mobile homes, that do not require a Building Permit in order to be occupied.
City Manager shall mean the City Manager of the City of Aventura, Florida.
Comprehensive Development Master Plan (CDMP) means the comprehensive
plan of Dade County adopted and amended pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act, Section 163.316 et
seq., Florida Statutes (1987).
Credit means the present value of past provisions made by new developments
for the cost of existing or future capital improvements.
Development Activity, Development or Activity means any activity for which a
Building Permit is required pursuant to the South Florida Building Code or any
applicable City Ordinance.
Development of Regional Impact means any Development which because of its
character, magnitude or location would have a substantial impact on the health, safety
or welfare of the citizens of more than one county.
Encumbered means monies committed by contract or purchase order in a
manner that obligated the City of Aventura to expend the funded amount upon delivery
of goods, the rendering of services or the conveyance of real property provided by a
vendor, supplier, contractor or owner.
Existing Development means the lawful land use physically existing as of the
effective date of this Ordinance and any Development or additional Development for
which the landowner holds a valid Building Permit as of the effective date of this
Ordinance. Existing Development shall also include that maximum level of
Development Activity for which a previous impact fee was paid under the provisions of
this Ordinance.
Feepayer means a person intending to commence a proposed Development for
which an impact fee computation is required under this Ordinance, or a person who has
paid an impact fee, or provided a letter of credit pursuant to this Ordinance.
2
ORDINANCE NO.
Page 3
Impact Fee means the proportionate fair share charge required to be paid in
accordance with this Ordinance.
Improvement means any physical Improvement related to property, construction
costs or other facility, or acquisition of capital equipment with respect to the impact of
Development.
Nonresidential Development means Development not providing for any
residential units.
Person, for the purpose of this Ordinance, means individuals, partnerships,
trusts, corporations, and all other legal entities authorized by the law of Florida to own
and develop real property.
Residential Development means any building or buildings designed to be used
as dwelling units.
Unit or Unit of Development means a residential structure which is a quantifiable
increment of Development Activity, e.g., a single-family home, or a residential module,
e.g., each condominium or apartment Unit within a condominium complex or building.
Section 4. Impact Fees; In General. This section provides certain provisions
which supplement the provisions of the Police Services Impact Fees requirements
contained in this Ordinance.
a) Any application for Building Permit for Development Activity within the
corporate limits of the City of Aventura shall be subject to the
assessment of a Police Services Impact Fee in the manner and
amount set forth in this Ordinance. No Building Permit shall be issued
by the City until the Applicant has paid the assessed Impact Fees as
calculated pursuant to this Ordinance.
b) Notwithstanding payment of the Impact Fees pursuant to this
Ordinance, other state, county and city Development regulations may
limit the issuance of Building Permits for Development Activity.
c) In the event Impact Fees are paid prior to or concurrently with the
issuance of a Building Permit and subsequently, the Building Permit is
amended, the Applicant shall pay the Impact Fee in effect at the time
the amended Building Permit is issued with Credit being given for the
previous fees paid.
d) In the case of change of use, redevelopment, or expansion or
modification of an existing use on a site which requires the issuance of
a Building Permit, the Impact fee shall be based upon the net increase
in the Impact Fee for the new use as compared to the most intense
previous use.
e) If a Building Permit is canceled without Development commencing,
3
ORDINANCE NO.
Page 4
then the Impact Feepayer shall be entitled to a refund, without interest,
of the Impact Fee paid except that the City shall retain five percent
(5%) of the fee to offset a portion of the costs of collection and refund.
The Impact Feepayer shall submit an application for such a refund to
the City Manager or his designee within thirty (30) days of the
expiration of the order or permit, or thereafter be deemed to waive any
right to a refund.
f) Any funds not expended or Encumbered by the end of the calendar
quarter immediately following ten (10) years from the date of this
Ordinance shall, upon application of the then current landowner, be
returned to such landowner, without interest, provided that the
landowner submits an application for a refund to the City Manager or
designee within one hundred eighty (180) days of the expiration of the
ten (10) year period. However, this section shall not apply to
Development of Regional Impact with phased or long term buildout.
Any claim not so timely made shall be deemed waived.
g) Funds shall be deemed expended for the purposes of this Ordinance
when a contract or agreement encumbering all or a portion of the
payment of said funds shall be approved by final City action.
Section 5. Impact Fee Computation Formula.
(a) The Feepayer shall pay a Police Services Impact Fee amount based
on the formula set forth below. The fee shall be collected by the
Community Development Department for all structures for which a
Building Permit is issued. Such fee will be based on the capital costs
required to serve the increased demand for police services resulting
from the proposed new Development Activities, together with Impact
Fee administrative costs. The formula to be used to calculate the
Police Services Impact Fee shall be established as follows for each
property type:
The City of Aventura shall employ the following schedule to compute the amount of fee
to be paid.
Land Use/Occupancy Type
Cost per Unit or per Square Foot
Residential
Nonresidential
$96.47 per Unit
$0.140 per square foot
(b) The fee per residential Unit or fee per nonresidential square foot shall
be multiplied by the Feepayer's total number of Units for residential
property or total number of square feet for nonresidential property.
The total will then be multiplied by 1.05 to accommodate the general
administrative charge of five (5) percent. The resulting total is the
Police Services Impact Fee and administrative charge which shall be
4
ORDINANCE NO.
Page 5
paid by the Feepayer.
(c) In the case of Development Activity involving a change of use or
magnitude of use in which a Building Permit is required, the proposed
Development shall be required to pay an Impact Fee only for the
increase in the Development Activity. The Impact Fee shall be the
difference between the computed Impact Fee for the proposed
Development Activity and the computed Impact Fee for the Existing
Development Activity. Any Building Permit which expires or is revoked
after the effective date of this Ordinance and for which a fee has not
previously been paid under this Ordinance shall be required to comply
with the provisions herein. No refunds will be given for proposed
Development Activity resulting in a negative fee calculation.
(d) If the type of Activity within a proposed or current Development is not
specified, the City Manager or his designee shall use the Activity most
nearly comparable in computing the fee.
(e) In determining Existing Development Activity and the Units or square
feet of proposed or Existing Development, the Community
Development Department shall use the Building Permit and the
certificate of use information contained in the building or zoning
records of Dade County or the City.
Section 6. Exemptions.
(a) Alteration, expansion or replacement of an existing building or Unit
where the use is not changed and the number of Units or square
footage is not increased shall not be subject to the Impact Fees. The
burden of demonstrating the previous existence of a use or structure
or previous payment of Impact Fees shall be upon the Feepayer. In
cases where there is an existing use, any additional fees shall be
based upon the alteration to the existing use or structure.
(b) Governmental or public facilities are exempt from the Impact Fee,
including those parcels, grounds, building or structures owned by
Federal, State, County or the City, the Dade County School Board or
the South Florida Water Management District, and related to the
operation of those entities and used for governmental purposes
including, but not limited to, governmental offices, police and fire
stations, airports, seaports, parking facilities, equipment yards,
sanitation facilities, water control structures, schools, parks, and similar
facilities in or through which general government operations are
conducted. It is provided, however, that the following shall not be
considered governmental or public facilities and shall be subject to the
provisions of this Ordinance: (1) privately owned properties or
facilities leased for governmental operations or activities; and (2)
public properties or facilities used for private residential, commercial or
industrial activities.
(c) The construction of accessory buildings or structures where the use is
not changed, such that an additional impact does not result and the
ORDINANCE NO.
Page 6
number of Units or square footage is not materially increased, is
exempt.
(d) A building replacement meeting the requirements of section 104.3(D),
South Florida Building Code (replacement necessitated by partial
destruction) is exempt.
(e) Parking garages are exempt from Impact Fees when the structure is
accessory to a primary use structure.
(f) An exemption must be claimed by the Feepayer prior to paying the
Impact Fee. Any exemption not so claimed shall be deemed to have
been waived by Feepayer.
Section 7. Impact Fee Expenditures.
(a) Expenditures from the Impact Fee shall include, but not be limited to:
(1) Planning, design, and construction plan preparation;
(2) Permitting and fees;
(3) Land and materials acquisition, including any costs of
acquisition or condemnation;
(4) Relocation of utilities required by the construction of
Improvements and additions to police facilities;
(5) Design and construction of new drainage facilities required by
the construction of Improvements and additions to police
facilities;
(6) Landscaping and site preparation, including demucking, filling to
flood criteria and compaction;
(7) Construction management and inspection;
(8) Surveying, soils and materials testing and removal of hazardous
and solid waste materials;
(9) Acquisition of capital equipment for police services;
(10) Repayment of any monies transferred or borrowed from any
budgetary fund of the City subsequent to the effective date of
this Ordinance, which were used to fund any of the growth-
necessitated Improvements as herein provided. Any funds that
are borrowed shall be spent only to mitigate the impact of new
Development;
(11) Purchase of land for additional police stations and support
facilities needed to accommodate new growth;
(12) Design and construction of additional police stations and other
facilities or design and Improvement of existing police stations
and other facilities needed to accommodate new growth;
(13) Purchase of other capital equipment for stations affected by
new growth.
(b) The five (5) percent general administrative cost portion of the Impact
Fee shall be deposited into the General Fund and shall be used to
offset the costs of administering the Impact Fee.
6
ORDINANCE NO.
Page 7
Section 8. Establishment of Fund. Impact Fees collected pursuant to this
Ordinance shall be accounted for in a Capital Outlay Impact Fee Fund to be established
by the City.
Section 9. 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
rsason 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 10. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember ., and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
ORDINANCE NO.
Page 8
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this
day of November, 1996.
day of November, 1996.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
ARTHUR I. SNYDER, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City~~
November 1, 1996
Lease Proposal for Police Department at Aventura Shopping Center,
2960A Aventura Boulevard
As previously authorized, we have negotiated the major points of the Lease Proposal
for the City's Police Department to be temporarily located at the Aventura Shopping
Center.
The following represents the major points of the Lease Proposal:
Location:
Square Feet:
Term:
Construction:
Commencement:
Use:
Minimum Rent:
HVAC:
Unit 2960A
5,200 rentable square feet on the 1st floor at the south
end of the building
Twenty-seven (27) months.
Landlord will give Tenant thirty (30) days rent free.
November 3, 1996, but no later than December 1, 1996.
Police Department
Year 1:$16.00 per square foot
Year 2:$16.00 per square foot
Landlord warrants HVAC for ninety (90) days. Tenant is
responsible for maintenance of the HVAC unit.
Security Deposit: N/A
November 1, 1996
Page 2
Common Area
Maintenance, Real
Estate Taxes and
Insurance:
Tenant will be responsible for its pro rata share of the
Shopping Center's common area maintenance ("CAM"),
real estate taxes, and insurance. These charges are
currently estimated at $5.54 per square foot year and
subject to annual adjustment.
This location is recommended for the establishment of a temporary police station based
on the following:
1. The location has adequate parking to accommodate the Police Department
needs.
2. The Police Department could occupy the premises on a fast-track basis over
the next three to four weeks.
3. The location is close in proximity to the mall and other major commercial
establishments in the City.
4. The location would not be impacted by the construction activities associated
with the Biscayne Boulevard widening.
5. The premises are large enough to accommodate the needs of the Police
Department.
In order to expedite this matter, I am requesting the City Council approve the major
points of the lease by motion. Once the lease agreement is finalized, I will distribute to
the City Council for your comments.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0146-96
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
: r:: t ~ ::i°2k6a, ' 1C~t9Y6~
Proposed Newsrack Regulation Ordinance
Ist Reading October 2, 1996 City Council Agenda Item ~-__.j~_
2"d Reading October 15, 1996 City Council Agenda Iten~ ~-/q
Recommendation
Based on the concems expressed by Councilmembers regarding the uncontrolled
placement of newsracks in the City, it is recommended that the City Council adopt the
attached Ordinance regulating newsracks.
Backqround
The City Attorneys' Office and I have reviewed various ordinances regulating newsracks
adopted by other cities. As you are aware there are various constitutional issues
involved in establishing regulations regarding the placement of newsracks. Our goal
was to develop an ordinance that addresses safety issues and the unsightly placement
of newsracks throughout the City.
The following represents the major points of the Ordinance:
1. Requires all vendors to obtain a permit from the City, specifying the exact location of
each newsrack.
2. Requires all vendors to affix the permit number, name, address, and telephone
number to the newsrack.
3. Establishes specific standards for the maintenance and installation of newsracks.
4. Establishes the following criteria for the location, placement and number of
newsracks:
(a) No Newsrack shall be used or maintained which projects onto, into or over
any part of the roadway of any public street, or which rests, wholly or in part
upon, along or over any portion of the roadway of any public street.
(b) No Newsrack shall be chained, bolted, or otherwise attached to any fixture
located in the public right-of-way, except to other Newsracks.
(c) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feet along a
curb, and a space of not less than three (3) feet shall separate each group of
Newsracks.
(d) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked crosswalk.
(iii) Within ten (10) feet of any fire hydrant, fire call box, police call box or
other emergency facility.
(iv) Within ten (10) feet of any driveway.
(v) Within three (3) feet ahead or twenty-five (25) feet to the rear of any
sign marking a designated bus stop.
(vi) Within five (5) feet of the outer end of any bus bench.
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet.
(viii) Within three (3) feet of or on any public area improved with lawn,
flowers, shrubs, trees or other landscaping, or within three (3) feet of
any display window of any building abutting the sidewalk or parkway or
in such a manner as to impede or interfere with the reasonable use of
such window for display purposes.
(ix) Within one hundred (100) feet of any other Newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
(x) On any access ramp for disabled persons.
2
(e) No moro than eight (8) Newsracks shall be located on any public right-of-way
within a space of two hundrod (200) feet in any diroction within the same
block of the same stroet; provided, however, that no moro than sixteen (16)
Newsracks shall be allowed on any one block.
5. The following criteria shall be utilized to determine the priority of the placement of
the newsracks:
(a) As between newspapers included within any single category of priority above,
the City Manager shall also be guided by the following criteria of priorities
whenever moro than eight (8) newsracks aro proposed for any one location
(two hundrod [200] foot space) or more than sixteen (16) Newsracks aro
proposed for any one block:
(i) First priority shall be daily publications (published five [5] or moro days
per week).
(ii) Second priority shall be publications published two (2) to four (4) days
per week.
(iii) Third priority shall be publications published one (1) day per week.
(iv) Fourth priority shall be publications published less than one (1) day
per week.
Staff is in the process of roviewing all existing locations in the City to determine the
number and location of newsracks that would not be in compliance with the proposed
Ordinance.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0104-96
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way
presents an inconvenience and danger to the safety and welfare of persons using such
rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings,
and persons performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way
has resulted in concerns by the public and City officials with regard to the safety,
convenience and aesthetics thereof; and
WHEREAS, the City Council finds that there is a need to regulate and establish
procedures regarding installation, placement and maintenance of Newsracks within the
City; and
WHEREAS, the City Council finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety, cccthctics and welfare of the citizens
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose and Scope.
The purpose of this Ordinance is to promote the public health, safety and welfare
through the regulation of placement, type, appearance and servicing of Newsracks on
public rights-of-way so as to:
A. Provide for pedestrian and driving safety and convenience.
B. Restrict unreasonable interference with the flow of pedestrian or vehicular
traffic including ingress into or egress from any residence or place of business,
or from the street to the sidewalk by persons exiting or entering parked or
standing vehicles.
C. Provide reasonable access for the use and maintenance of poles, posts, traffic
signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
D. Relocate and/or replace Newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably
detract from the aesthetics of store window displays, adjacent landscaping or
other improvements, as well as to have abandoned Newsracks removed.
E. Maintain and protect the values of surrounding properties and prevent damage
to grass ~i~a ~ right-of-way areas.
F. Reduce unnecessary exposure of the public to personal injury or property
damage.
G. Maintain and preserve freedom of the press.
Section 2. Definitions.
As used in this ordinance, unless the context otherwise clearly indicates:
A. Block means on (1) side of a street between two (2) consecutive interacting
streets.
B. Distributor means the person responsible for placing and maintaining a
newsrack in a public right-of-way.
C. Newsrack means any self-service or coin-operated box, container, storage unit
or other dispenser installed, used, or maintained for the display and sale of
newspapers or other news periodicals.
D. Parkway means the area between the sidewalk and the curb of any street, and
where there is no s dewalk ~i~1~ the area between the edge of the roadway
and the i~ property line adjacent thereto. Parkway shall also include any
area within a roadway that is not open to vehicular travel.
E. Person means any person or persons, or entity including, but not limited to, a
corporation.
F. City Manager refers to the City Manager of the City of Aventura or the designee
of the City Manager.
3
G. Roadway means that portion of a street improved, designed, or ordinarily used
for vehicular travel.
H. Sidewalk means any surface provided for the exclusive use of pedestrians.
I. Street means all the area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Section 3. Newsracks Prohibited.
A. No person shall install, use, or maintain any Newsrack which projects onto,
into, or which rests, wholly or in part, upon the roadway of any public street.
B. No person shall install, use, or maintain any Newsrack which in whole or in part
rests upon, in or over any public sidewalk, ~j ~; ~ or parkwa
(1) when such installation, use, or maintenance endangers the safety of
persons or property;
(2) when such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
(3) when such Newsrack unreasonably interferes with or impedes the flow
of pedestrian or vehicular traffic, including parked or stopped vehicles;
the ingress in or egress from any residence or place of business; the
use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other
objects permitted at or near said location;
(4) when such Newsrack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
(5) in any manner inconsistent with or in violation of the provisions of this
Ordinance.
Section 4. Permit Required.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or
operate, on any public street or sidewalk, or in any other public way or place in the City
any Newsrack without first having obtained a permit from the City Manager specifying the
exact location of such Newsrack. One permit may be issued to include any number of
Newsracks, and shall be signed by the applicant.
Section 5. Application for Permit.
A. Application for such permit shall be made, in writing, to the City Manager upon
such form as shall be provided by him, and shall contain the name, address,
and phone number of the applicant, the proposed specific location of said
Newsrack, and shall be signed by the applicant.
B. From the above application information, the City Manager shall approve the
locations. He shall be guided therein solely by the standards and criteria set
forth in this Ordinance. In any case where the City Manager disapproves of a
particular location, such disapproval shall be without prejudice to the applicant
designating a different location or locations.
Section 6. Conditions for Permit.
Permits shall be issued for the installation of a Newsrack or Newsracks without
prior inspection of the location, but such Newsrack or Newsracks and the installation, use
or maintenance thereof shall be conditioned upon observance of the provisions of this
Ordinance. Permits shall be issued within five (5) days (excluding Saturdays, Sunday
and legal holidays) after the application has been filed. An annual permit fee of $25.00
shall be required for each newspaper publisher plus $10.00 per Newsrack. The above
fees will be used to defray administrative expenses with relation to this Ordinance.
Section 7. Hold Harmless.
Every owner of a Newsrack who places or maintains a Newsrack on a public
sidewalk or parkway in the City of Aventura shall file a written statement with the City
Manager in a form satisfactory to the City Attorney, whereby such owner agrees to
indemnify and hold harmless the City, its officers, and employees, from any loss, liability,
or damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use and/or maintenance
of a Newsrack within the City. This paragraph shall only be applicable to the same extent
required by City for other public right-of-way permittees.
Section 8. Newsrack Identification Required.
Every person who places or maintains a Newsrack on the streets of the City of
Aventura shall have his permit number, name, address, and telephone number affixed to
the Newsrack in a place where such information may be easily seen. Prior to the
designation of location by the City under Section 9 herein, the Distributor shall present
evidence of compliance with this Section.
Section 9. Location, Placement and Number of Newsracks.
A. Any Newsrack which rests in whole or in part upon, or on any portion of a
public right-of-way or which projects onto, into, or over any part of a public
right-of-way shall be located in accordance with the following provisions of this
Section:
(1) No Newsrack shall be used or maintained which projects onto, into or
over any part of the roadway of any public street, or which rests, wholly
or in part upon, along or over any portion of the roadway of any public
street.
(2) No Newsrack shall be chained, bolted, or otherwise attached to any
fixture located in the public right-of-way, except to other Newsracks.
(3) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feet along
a curb, and a space of not less than three (3) feet shall separate each
group of Newsracks.
(4) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked
crosswalk.
(iii) Within ten (10) feet of any fire hydrant, fire call box, police call
box or other emergency facility.
(iv) Within ten (10) feet of any driveway.
(v) Within three (3) feet ahead or twenty-five (25) feet to the rear of
any sign marking a designated bus stop.
(vi) Within five (5) feet of the outer end of any bus bench.
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet.
(viii) Within three (3) feet of or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping, or within three
(3) feet of any display window of any building abutting the
sidewalk or parkway or in such a manner as to impede or
interfere with the reasonable use of such window for display
purposes.
(ix)Within one hundred (100) feet of any other Newsrack on the
same side of the street in the same block containing the same
issue or edition of the same publication.
(x) On any access ramp for disabled persons.
(5) No more than eight (8) Newsracks shall be located on any public right-
of-way within a space of two hundred (200) feet in any direction within
the same block of the same street; provided, however, that no more
than sixteen (16) Newsracks shall be allowed on any one block.
B. As between newspapers included within any single category of priority above,
the City Manager shall also be guided by the following criteria of priorities
whenever more than eight (8) newsracks are proposed for any one location
(two-hundred [200] foot space) or more than sixteen (16) Newsracks are
proposed for any one block:
(1) First priority shall be daily publications (published five [5] or more days
per week).
(2) Second priority shall be publications published two (2) to four (4) days
per week.
(3) Third priority shall be publications published one (1) day per week.
(4) Fourth priority shall be publications published less than one (1) day per
week.
Section 10. Standards for Maintenance and Installation.
Any Newsrack which in whole or in part rests upon, in or over any public sidewalk
or parkway, shall comply with the following standards:
A. No Newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or
two (2) feet in thickness.
B. No Newsrack shall be used for advertising signs or publicity purposes other
than that dealing with the display, sale, or purchase of the newspaper or news
periodical sold therein.
C. Each coin-operated Newsrack shall be equipped with a coin-return mechanism
to permit a person using the machine to secure an immediate refund in the
event the person is unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
D. Each Newsrack shall have affixed to it in a readily visible place so as to be
seen by anyone using the Newsrack, a notice setting forth the name and
address of the distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in the event of a
malfunction, or to secure a refund in the event of a malfunction of the coin-
return mechanism or to give the notices provided for in this Ordinance.
E. Each Newsrack shall be maintained by the Distributor in a neat and clean
condition and in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each Newsrack shall be serviced and maintained so
that:
(1) It is reasonably free of dirt and grease;
(2) It is reasonably free of chipped, faded, peeling and cracked paint in the
visible painted areas thereof.
(3) It is reasonably free of rust and corrosion in the visible unpainted metal
areas thereon;
(4) The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration;
(5) The paper or cardboard parts or inserts thereof are reasonably free of
tears, peeling or fading; and
(6) The structural parts thereof are not broken or unduly misshapen.
Section 11. Violations.
Upon determination by the City Manager that a Newsrack has been installed, used
or maintained in violation of the provisions of this Ordinance, an order to correct the
offending condition shall be issued to the Distributor of the Newsrack. Such order shall
l0
be telephoned to the Distributor and confirmed by mailing a copy of the order by certified
mail return receipt requested. The order shall specifically describe the offending
condition, suggest actions necessary to correct the condition, and inform the Newsrack
Distributor of the right to appeal. Failure to properly correct the offending condition within
five (5) days (excluding Saturdays, Sundays, and legal holidays) after the mailing date of
the order or to appeal the order within three (3) days after its receipt shall result in the
offending Newsrack being summarily removed and processed as unclaimed property. If
the offending Newsrack is not properly identified as to owner under the provisions of
Section 8 hereof, it shall be removed immediately and processed as unclaimed property.
An impound fee, which shall be measured by the City's cost and expense of impounding,
shall be assessed against each Newsrack summarily removed. The City Manger shall
cause inspection to be made of the corrected condition or of a Newsrack reinstalled after
removal under this Section. The distributor of said Newsrack shall be charged a $10.00
inspection fee for each Newsrack so inspected. This charge shall be in addition to all
other fees and charges required under this Ordinance.
Section 12. Appeals.
Any person or entity aggrieved by a finding, determination, notice, order or action
taken under the provisions of this Ordinance may appeal and shall be apprised of his right
to appeal to the City's Special Master established pursuant to Ordinance No. 96-14. An
appeal must be perfected within ten (10) days after receipt of notice of any protested
decision or action by filing with the City Manger a letter of appeal briefly stating therein the
basis for such appeal. Prompt judicial review of the Special Master's decision shall be
provided pursuant to Sec. 15 of Ordinance No. 96-14.
Section 13. Abandonment.
In the event that a Newsrack remains empty for a period of thirty (30) continuous
days, the same shall be deemed abandoned, and may be treated in the manner as
provided in Section 11 for Newsracks in violation of the provisions of this Ordinance.
Section 14. 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 15. Conflicts.
All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions
in conflict herewith are repealed to the extent of such conflict.
Section 16. Effective Date.
This Ordinance shall be effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its
adoption on first reading. The motion was seconded by Councilmember Holzberg, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
The foregoing Ordinance was offered by Councilmember , who moved its
adoption on second reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 2nd day of October, 1996.
PASSED AND ADOPTED on second reading this day of ,1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
Eric M. Soroka, City Manager
Ken Cohen, Councilmember
October 30, 1996
SUBJECT: Development of Procedure For Issuance of Proclamations
I am advised that many cities have adopted procedures relative to the issuance of
proclamations by the Mayor and City.
I feel the City should consider adopting the following policy:
1. Any member of the City Council can request that a proclamation be issued so long
as it is with the knowledge and consent of the City Council.
2. If the proclamation is to be issued other than at a Council meeting, the members of
the City Council should be given at least 24 hours' advance notice of the time and
location of the issuance of the proclamation.
Please place this matter on the next City Council agenda for discussion and input by
Council.
KC/tins
FORM "C"
CITY OF AVENTURA
Ordinance 96- 0 ~
Disclosure of Site Visit, Investiqation. Expert OPinion
~ ~ 199E. agend~
Agenda Item: Item No. ~ of ~'~ ~c~,~z~ / g , _
body
Date of~QVisit~' Investigation or, Receipt of Expert
Nature of Contact:
(~) Site visit
( ) Investigation
( ) Expert Opinion
Substance of Contact:
(check as applicable)
Identity of Any Person Participating in Contact:
Filed this
Respectfully,
Board Member
,~/ ~/~ ~--<L.__
Clerk/Secretary
Receivin
FORM "C"
CItY OF AVENTURA
Ordinance 96- ~
Disclosure of Site Visit,
Agenda Item: Item No. 3
body
Date of Visit, I~vestigation or Receipt of Expert
Opinion: ~,,.J~ /~ /fg[
InvestiGation, Expert Opinion
of Itl, Jla~6. / ~ , 199_~ agendl
Nature of Contact:
(~) Site Visit
( ) Investigation
( ) Expert Opinion
(check as applicable)
Substance of Contact:
Identity of Any Person Participating in Contact:
Filed this
Respectfully,
Council or Board
Communication:
Name~
Clerk/Secretary
Member
Receivin
FORM "C"
CITY OF AVENTURA
Ordinance 96- 0~
Disclosure of Site Visit, Investiqation, Expert Opinion
Agenda Item: Item No. ~
Date of Visit,
Opinion:
of lq
Investigation or Receipt of Expert
199~ agend~
Nature of Contact:
Site Visit
Investigation
Expert Opinion
(check as applicable)
Substance of Contact:
Identity of Any Person Participating in Contact:
Respectfully,
Council or Board Member
Communication:
Receivin
Filed this day of , 19__.
Clerk/Secretary
FORM "~"
CITY OF AVEB~/RA
ordinance 96- 0~
Disclosure of Verbal Contact
Agenda Item: Item No. J of ~,
body
Date of Verbal Communication: ,3= /7, /~S$
Identity Of Person or Entity Making Communciation:
Subject and Substance of Communication:
Filed this
Respectfully,
Council or Board
Communication:
Clerk/Sec'ret r~ '
Member
Receivin~
FORM "A"
CITY OF AVENTURA
Ordinance 96- 0~
Disclosure of Verbal Contact
Agenda Item:
of
Date of Verbal
body
Communication:
i.Ltt il, /'/~ ~.
· 199~ agenda
Identit~/~,. ~°f Pers~n~-~1/~ or Entity Making Communciation:
Subject and Substance of Communication:
Filed this
Respectfully·
Council or Board
Communication:
..;.'~"/ ~ ~
Name
Clerk/Se6~et~ '
Member Receivin~
FORM "A"
CITY OF AVENTURA
ordinance 96- ~ ~
Dlsclosure of Verbal Contact
Agenda Item: Item No. 3l
body
of
Date of Verbal Communication:
Identity of Person or En_t. ity Making Communciation:
Subject and Substance of Communication:
Respectfully,
Council or Board
Communication:
Name
Member
Receivin~
Signature
Filed this
Clerk/Sedretary
ITZHAK BACHAR, P.A.
Attorney At Law
1st Natlonwlcle Bank Building
633 N.E. l$?th Street, Suite 11112
NOrtll Miami Beach, FlOrida 33162
Phone: I305] 652-1113
Fax: [305] 652-1183
November 1, 1996
Ms. Diane Williams
Zoning Control Division Chi~f
Metropolitan Dade County
Department ofPlnnnin& Dev~opment
and Regulation
Stephen P. Clark Center
I ! ! N.W, First Street, 1 lth Floor
}~iami, FL 33128
RE: APPLICATION FOR SPECIAl. EXCEPTION. PH ~?..-~'~
Dear Ms. Williams:
I am the legal representative for the Chabad House. Please be advised that I am wdtlng
to you on behalf of Chabad House of North Dade. Inc.
The Chabad House of North Dade, Inc., adjoins the shopping center which is the subject
of the captioned application. I, as well as other representatives of the Chabad House of'North
Dade, Inc., have discussed the application with the applicant and find that the proposed package
store will not have an unfavorable effect on the surrounding area. Accordingly, the Chabad
House of North Dade, Inc. finds the captioned application unobjectionable and supportable.
Smcerely,
MIAMI DAILY BUSINESS REVIEW - WEDNESDAY, OCTOBER 16, 1996 - B25
PUBLIC NOTICES
Nonel~' IEIZUIE available lor public Inspection al n. thai a ~rfenl/lll acliOif1lls ~
principalofflce4376 North Bay Rd. riled against the above-<lescribecl
MIamlBeach.Fl331<10305--e13-propllrty'oylhe~Po\\ce
1444 10, In8p8CIion during regula, Depal1ment. An Order AOOIllll
bu_i""". hoUnI by IInY dtinn UpOn Pn>bable Cause And Directing
req",,"'.wilhin'80d~._1he Claimant To FlelOpOO"ldhlost>een
dale of lhls publK:allon. issued by lhe Court. You are
JACQUIN O. BIERMAN requintd 10 file a copy 01 your
Pmcipll Manager written delenMS with the Clerk of
Publication of this nolice on Oct lhe Colllt and to seMI s copy of
18,1996. Ihose dBfonses on orbelore \he
10116 96--4.101661M 15ttldlyolNov..1996,onJUDlTH
.. AUBENSTEW, ESQ., CoIIlMl Iol"
CONSTRlICnVE SERVICE ~\iQno" -..I1oM..xlress il 25 W.
IN THE CIRCUIT COURT OF THE Fl.gter 51.. Suite 750. Milml, Fl.
11TH JUDICIAL CIRCUIT IN 33130.Failurelofile~rdelen8es
AND FOR DADE COUNTY, willr1llU~Inadelaultbeingantered
FLORIDA against you.
GENERAL JURISDICTION WITNESS my Iland and the Seal
DIVISION of this Court OIl Ihis 11 dilly of
CASE NO: 96-6698 CA 23 OCT, 1996.
MARTIN D. GANNON. HARVEY RUVIN
Plaintil!. asCleIk,CircuitCourt
IS. OadaCounty,F\oridlI
SHERRY L. JACKSON, and (Clreu~ Court Seal)
BILLY W. JACKSON, her hus- By: BARBARA RODRIGUEZ
band,lndividually..naTHECITY AaOeputyClerk
OF HOMESTEAO, a municipal 10118-23-30 1118 98--4-101610llM
corporation, IInd SAnCO, INC" NOTICE Of' ACnD"
Dafendanta. BEFORE THE BOARD OF .'Ie-
NOTICE BY PUBLICATION COUNT ANCY
To: SADCO, INC. IN RE: The license 10 pracliOl!l
8941 S.w. 6S1h Coull aocountingal
Miami. FL 33158 Zeev A. Moran
Atln: Irv Zimmarman, l!l9O Nol1~stl63 Street
R...gisteredAgent No.1h Miami Beam,Fl 33162
YOU ARE HEREBY NOTIFIED CASE NO.: 96..03657
$23,980.00 IN U.S. CURRENCY that a complaint has been filed and LICENSE: AC 0026249
commanced In thIs coull .nd you The Oepamnenl of BuaIn...u and
are required to sel'V9 a copy 01 ProfesaionstRegulllionhufiled
YOU' written delenses, ~ My, to rt an Adminlatrat<ve Compl.int age-
on MICHELLE ROTH, ESQ., mst you, . copy of which msy be
ROTH, MILNE&. ROUSSO, Attar. obtained by contaellng, Attorney
I'IIIy$ 10, Pleintiff, whose adI:lress i. CHARLES TUNNlCUFF, Depan.
9350 S. Dixie Highwly, PH2, Mi. men! of Businesa and Proleuion.1
ami, florida 33156, and file tha ReguIIIion,1940N.Mon1OllSlreet,
orl9inel with tile clerk 01 tlleabow Tellah_,Flclrida.32399-0782,
Slyled court on Ofbelore Oct. 29, (9G4)488..Q062.
1996: otherwIlIlla dBlau~ will be llnocontacth.sbeenmadeby
entered egainst you 10, the relief you llOflOl!lmlng the eb<:rve by No-
P'lyedlo'inthecompl'intorvernber20,1996.the~ofthe
petitiOn. Administrellw Complaint will be
This notice stlallbe pubr>Shet:\ presented.tanensuingnlMlingof
oneaeach week lor fourc:onsecu. the Eloan;I of Accountancy in an
tlve weeks irl MIAMI DAilY BUSI. informal proceeding.
NESS REVIEW. In aa:ordanca with the Amen.
WITNESS my tllnd and the _I can. with Disabllilles Act, p&I'SIOfl.
01 said court aI Miami, FloridIl, an needing. iJP8Clal accommodation
ttlis24dlyofSEP,t99t\. to palticipate in this pnx:eeding
HARVEY RUVtN should QOn\act the indMdual Of
asClelk,Cireuneoun agency undIng ncIice not 1.1ef
Dade County, Florida than HVBn dIlIyI prior 10 the pIO-
(CiI'CU~Court Seal) eaedlng at the address given OIl
By: J. BYRON notice. Telephone: (904) 25HI097;
As OepulyCI...rk l.a00-95S-8771 (TOO) Of 1-800-
MICHEUE ROTH, ESQ. 955-8770 lVl, vi. Florid. Ratay
FBN:0065617 Service.
A!tomeylol"Pleintiff 10t'16-23-301116 96-4-1016llOM
ROTH, MILNE &. ROUSSO ....IV.n FOUIID.TIOIIIS
lI350 S. Dlxi... Highway, F'H2 AIINU.L 1lETU."
Miaml.FL33156 The annual retum ot the private
Ptlone: (305) 670.'3994 Ioul'ldallon
Fu: (305) 670-0948 HENRY &. KATHRYN MIlLS
1lI251012-9-18 9(i.6..092552M CHARITABLE FOUNDAOON
NOTICE 01' ACTIOfI' 11)158.247411I4
IN THE CIRCUIT COURT Of THE required to be IiIed under HdIon
ELEVENTH JUDICIAL CIRCUIT 61133 Inl...mal Rewnue Code, il
OF FLORIDA. IN AND FOR lIV8ileble Iol" pubtlc inspection at ils
DADE COUN1'Y principal office GERSON, PRES-
GEtERALJlJRISOlCll()N TON &. COMPANY, P.A., 666 7181
DIVISION Street, Mi.ml. FL 33141 to' in.
CASE NUMBER96-16627(CA-15) spectiQn during regula' busiflB$l;
IN RE: FORFErTUAE OF tloUI'8 by any ei!:iz...n lJllOfl request,
ONE (1) 1986 POASCHE. wittlin 180 days she, th... dlte of
GA. TAG CAR788 BEARING,6.l. this publication.
TERED VIN: 9110134017 TRUE Debre MibGrimm
VIN UNKNOWN PrincipII Manager
TO: UNKNOWN PERSON Publication 01 this nQlice on
RESIDENCE UNKNOWN October 16 19f16
YOU ARE HEREBY NOTIFIED 10116
NOTICE OF HTTLEIIENT
NOTICE Is hefeby given that
pursuant 10 Section 932.703. Fla.
Sl".(l99S).lhepropertyde"">ibe<l
below was .i;oed by ....P<ou<>la.
tives ollhe South FIonda tmpact
TeskRlrea on the date and Itlhe
place detM::ribad below. The prop-
...rtyl. belng held by thebelow-
Ilstedegeney.A forfenurtteclionis
o,will!:>efiledendallp8f8Ofl.wllo
h.w.Ieg.lint".-inth....ubject
propertymeyrequesl.nadvefSllr.
III prellminaryheeringwithln ~fteen
(15\ dayll of leCllipl ollhia NoIiee.
In ardarta request aueh a haering,
you or your attomey mu.t contact
ou' .nameys.t lhe eddrua below.
Pursuant to Sec!ian 932.703(2)(a).
tl'lisreqUlllll mu.t be in writing and
sent by cerllfledmall,retumreceipt
requeated,lOthe underlligned.t.
IOmey,.ttheadclrenllstedbelow,
within fifteen (15) days of reoelpl ot
thll nollea. If you do nollollowthi&
prooedure,lhenyourrighilaan
lldverHrlal preliminary hearing will
be walved.nd lh... caN will pro-
oeedtatrl.l.ltlsantk:fpaledthat.
Complaint, pursu.nl to Section
932.701,e1seq"FlorldeSlatutBs,
will be filodin the Circuit Court of
lheElewnthJudicialC1rcuit in end
fo,Dade County. Florida an 0' be-
IoreNawmber15,19116.
Thia property was seized on
0cl0bert,1996,inth...vicinityol
1584WtI8t 78th TelT\lce, Hial...eh,
Florida, and la being h...1d by the
Corel Glbles Palic... Dejlartment.
2801 SalzedoSlreet,Co,eIGlbI...s,
Flond..
AKERMAN, SENTERFlTT &.
'EIOSON,P.A.
Attorneys for City 01 Cof.1 G.bIes
26lhFloor
One SoulheISl Tllird Awnue
Mlaml,AorIdI33131-1704
(305)374-5600
FuNo.:(305)374.5095
By: JONATHAN GOODMAN,
ESQ.
1019-16 96-4:100951M
MaTIC. OF HIZU.E
NOTICE Is hareby giwn th.t
purllUantto$ecllon932.703,FI..
Stlt (H1951,the propertydnclibed
below was MIzell by repreHnla-
IlwI 01 the Sauth FIorld.lmpacl
Tuk Foreaon the date and at lhe
pl.ce dHcribed below. The prop-
...rty I.belng held bYlhe below.
listed agency. A Iorfe~ur... aclion is
OfwlllbefiledandaflpettOllawho
Ilave.legalinteralftlntll...aubleC1
propertym.y request an edveraar.
1.lprellmln.ryllelrlngwilhinMte...n
(15} days of raeelp! oIlhil NotIOl!l.
Inon:!e,torequest.lIChlheating,
you o'your .1I0mey must contact
ouraltomeys 11th... addl'9lll below.
F'ursuant to Section 932.703(2)(a},
tllil requeat muat be in writing and
sent bycertilied m.lI. r91um receipt
requaated.laths~et.
tomey, .t the addren listed below,
wilhinfifleen(15)daysolnooeiptof
tllisnolice. Uyoudonollollowlhis
procedurtt,'thenyou,rlghitoan
edversari.1 preliminary he.ring will
be waived and lhe case will
prooeed 10 !rial. It is anllcipaled
th.t a Complaint, pursu.nt to
Section 1132.701,el. DIIq.,F\Ofk18
Statute., will be filed in IheClrcuil
Coun 01 the Elevanth Judldal
Circuit In and 10, Dade County.
Florldl on or belol"... Novambe'15,
1996.
",000.00 IN U.S. CURRENCY
Thi. property was Miud an
Odaber 1. t996, in tha vicinity of
7184 S.W. 152nd Coull, Mie..,;,
Florid.. and is being hetd by the
Coral Gables PoHc... Dep.rtment,
2801 Sllzedo Street, Corel Gablas.
FIorido .
AKERMAN, SENTERFlTT &.
EIDSON, P.A.
Attam...yslo,Cllyol
CoralG.bln
26thFloar
On... Southeast Third Avanue
Miami,Aorlda33131.1704
(305}374-5600
F.x No,: (305} 374.5095
By: JONATHAN GOODMAN,
ESQ.
1019-16 ll6-4-100!152M
",IVAn FOUND.TION.
.NNUAL .ETU_
Thaanrtualretumoftlleprivele
"'"""''''
TllE JACQUIN O. BtERMAN
FOUNDATIONS
requlntd 10 be flied under secllon
llO33 Intarnal Revenue Code, Is
96-4-101662M
Joe.quinPa!acio\lS
Cily'
County:
Ca""':
Miami
-
,..,,'"
w.
OepartmentofTransPlll1.tion
Notice is hereby given that the abova re!erenced parties haw en.
I...red into elenl...menl at deimanfslofl d.im{s} (601,9&-062) against
theinaured,lol"th...totll amount 01 S40,OOO.OO to be paid by St.t... of
Florida 10 th... claim.nt.
KellyA.Hagsnbeck
Rial\Men.gementProgrem$pecialisl
Bureau a1Stat... Uebility
Division 01 Risk Management
Aef,JGQl-98..Q52IKAH
2OOE.G.inesSI.
Tallaha_,FL32399'()338
10/15 96-4.tOl683M
DECUTIVE-OIRIECTOR
The Hielesh HouiJingAufl'K!rity. Isseekillg an individual to sdminist...,
1,003 un<ts of Public Houslng, 100 unit. of Sectlon 6 New Construe-
tion, 8119 unlll 01 AfIord8ble Housing, 1,914 units Sedlon8 Certifiallos
and Vouchers. 136 unilS managed propertiBll, Drug Grants, Compra-
heflsiw Grlnts, Non.prol~ AdultlCMd Day C<<le, ResIdllnt In~laliwa
Programs, and Hot Lunch Programs, with 13!1 employees. The """,.
OI!I8Slulcandidatemusldllmons'tratelhea~li'ytooontinuetooperate
th...Aulhority...SustainedPerlormar.
Api:J1lcanl muat be able to spellk end write EngIi.stl and Spanisll Au.
entty. Includa salary requifements. ROS\Imes with references sI10uld
be sent to Julio Ponce, Jr. Chairman, Hialea/l Housing Alrthorily, 70
EISl 7lh Street, Hlaleah,Fl 33010by5:00P.Mo,Qctober31,1998.
10/15 96-4-1018105M
PUBLIC HEARINGS
I
LEIAI. NOTICE ZONING HURING DADE COUNTY, fLORIDA
m AVEN'l'UlA em eoUNCn. win ho\~ a Pub\ie Reuins on the fo\\owing items Cln
Tueaday, the ~ day ofNClVP.lTlIw.r 19<)6 at 6:00 p,rn.. in the Avemurs Hospital Medial Arts
Buildiaa,21110BiaQ}'DlCBoulevanl.SuittlIOI,AventuTl.Florida. SsidheariDga:,"",i=:nllheld
10 conaideJ tbe app1icaliona hBfeinaft",.1i:oted fur Dielrict Boundary ChaJ:lscs, U.., VarillDCeS and
Spedal~,New_U~Uses, Vlriallccsfromlllbrz1baDAirport~,m:lVan-:es
from t!w SubdlvWon RllgaIaicm. The City CollllCil RESERVES mE RJGHT 10 modifY the
spplieatiolll, to impose desinble, reIlI01IIIllle conditiollS, aDd to ebange the miDimum cubic
ccmtem: requiremems. aU fOl" the best inrereIt of the ovmd/ comprebeasive mains pjan aud
.-
THE FOLLOWING HEARING WAS DEFERRED /.; REVlSED FROM 711f\19(, TO THIS DATE
HEARING NO %.7.ACC.119S-MIll
APPLICANT: TURNBERRY COUNTRY CLUB
(I) MODIFICATION ofplans approved. ptIrsu:>lnl to ~11ltion 4-ZAB.23J-77, passed .....:I ~ b,
theZaninc~Bo.nlGllthelhhdayofJ"Jy.1971andlas1modifiodbyResolutiOClZ.S.&9
pa$Mdaadadoplalbylhe&.nl.ofCOl1llly~0Cltt.e13tlld;a.yofftbnarv,I"9, Rid
plan iQemifiecI as foUGws: .
FROM: -'RaIovaIioDs 10 Twubcrry IaIe Country Club,' D pnpIUCd by Nichols ~,
~of4Ibe1:uaaddMed~I2.13-1Baad'S1II'VIlY:uprepual;byMaasd
G.v.......... "-'<:., lee., da1ed m:x:i..m 12-13",", CIll'ISistia& of2!1boeu."
TO: "7urabcny Isk.B.cml:1.LComIIry Cub _ Sit&; DeveIaornoIlI PbtL" dar..d.-.iw04 Mr.. 24
.l226.CCIllSistiIlIof2 sbeets......planeoUded7urnbmylsle~ CoaalryClub:
doIta:Im:eivedDec 1 IWS ...-;":'-nf61"""""allnnnsrod""A~IA:
............,
TheplUpOlecfthis ~islOpamittbembmil:lal afne1l.'plans ohcrwina ~lOtbeeWtmg
coamryclubwithminc::reucafl28l1l1ill;inlhep.-oposedhocel.
(2) NON-USE VARIANCE OF PARKING REQUIREMENTS t" penait 800 perl<iajj ~ 0,085
perking$paa;es~
(3) UNUSUAL USE to pamiloutdoor <lilIq;.
(4) MODIFICATION af. porIillll of ConOnioa K2 af RaoluIioD Z-$O-69, puscd Illd aDopled by ~
Boudofeoomyr"-'o' _OIIthe2OthdayofFebnwy,I969.....iullIlDdifiocIbyP.eaolutiClll
Z.5-19...sed.....adoptedby1llehniofCoulllyConllniDiooen OClthe ]3tl\dayofFtbnwy,
19l9m1ylSiteppliatolhesabjecl:~
FROM: ZONING REGULATIONS FOA COMMERCIAL PARCEL'S"
Pezmia'edUaes:
Principal Clab.aDdli<lel
Accessory: elJ.2
IOO.OOO~.ft.
,,'^
MmirrelmLolA1ea:
Minia..mlolFroaIIgIC
MinilnumS<<badc<
F_'
Sid~:
"'"
~
Adj~RUus.
MWmwn~
bc:I-.:nbuildibp:
Maximum HeiJtd of Buildmp
~~
,,~
"
"
N=
Oft
7Storiesor92.33ft.
(Sl:C. n-S7 and 33-St 1Io not apply)
MaxDaam Fb:lr An:a Rati<I:
'm'
I'aricq.~
Sec.)].1241i111Iew~.
m ZONING Rl!GULATIONS POR COMMERCIAl. PARCEl.. "S.
~Uaea:
Prioc:ipIl: OabsandHlOlel
AccaIal:y: BU-2
lOO.OOOWj.ft
,,'^
MiDinNln.LotAn:a
Mtnimgm LaI FI'llIIDp:
MiIIiraum Semda'
,-
Side'
"""
~
Adjoining llU use:
,,.
lO.'
O~
O~
N_
MinimIIIIIDiscmce
belweellbuildiBgs:
M&Qmwn&amofBuildiD&<:
Oft
JlStoricsorill.:
(Soo. 33-57 lIIlll B-5B do DOl apply)
MaxirmDnFloorAnaRmo
,.,
ParldDgR.eq1rin:rm:als
Sec33-12hblllappl}
Th<: pIII'IlaSeoffiio &bow request is,., pcnnitm. pI"OpMOd bolel wiIll. ~ heigh! and a ~r.m
~lhaaallowedbytbeailcriaboak.
REQUESTS 1t'1-4 ON EXHIBIT-A"
I (5) NON-USE VARIANCE OF PARKING REGULATIONS requiring parkiag spa<= 10 be I $' ,,,de
~.11!'\ong;tovary_toponnitecrt:t.in8'pilCOStobo1SwidebyIS'1on@
I REQUEST'S ON EXHIBIT "B'_
1lIe~plansar.lJIlfi~andmaybccxaminedintheZonin!lOep-t PlilllSma~'bc
modifiadatpublielu:ariilr:
SUB1ECT PROPERlY: ~: AVE'NTURA. lOCh ADDITlON, Plat book ]36, Pag~ 92
AND,
~rr -B": A portion ofTrad: wE", AVEmUllA SECOND ADDmON, Plat book 99, Pap 2],
bcinimllmpMticularlydcscribodufolkn>rl:
B26 . WEDNESDAY, OCTOBER 16, 1996 . MIAMI DAILY BUSINESS REVIEW
PUBLIC HEARINGS
Bqpnat1be Scvlbwcsr.oonx:rofJlid TfICl .E'; them: a1q ~ 511y Ii. EJ1y boundary of5lid Trac:t 'E'
fer ~ 1l!l!t m.oo eourses; i-ce Nf1lI~t~ tor :1"': theMe N26.tM:1"W tor l>4BI'; t\e,,,,,
S11"19'21"W fOr 266' to. poiIII: 011 die Wily boImduy of said TI'aI:t 'F';!bcace S2"4O'J2.E ala:Ir:!he
WllybamxtaryofsaidTract"E"for64S.01'totbePoiDtofbegillaillg
LOCATION: 19999W.CcnmlryClabDriw;Avaltan,F1orida
HEAIUNG NO. 9fi-I<l-ACC.2 (96-281)
APPLICANT: CHABAD HOUSE OF NORTH DADE, lNC
(I) MOD[FlCATIONofea..litic.nor,......,S-ZAB...7Q-9S,puaodandadopledb).tlIi=z.onu..
App8aiI: BoaudOl1tl1i=6QIdayfllO'O"'. 1995.--._fi>lI<MI
FIlOM: '2. 'I1lIlialheawnnlfl......lR_ba~.acalfItaa<:e""-1llaI
...... b ... .... .w '(w.I .... tJI Nadb DIck.' II JIIIIlINd ~
~ --.......flJ ........1....11.7-94. ....2 .J.1IIed
II....... 'La-' s..n.,-.' . ....... bJ ... ..... a haDe., blc., ~
11.1-94..
TO: "2. ,.....appnMlfI.... __IIe~.-"-M6.dad
......."tbt..............-Ie-'.. .hv....... It
"- r." "-' -'-l 11.5.O'i 'CW.d J-. III Nmar. 1Mdc.' . ~ by
AnidMp,1lIc-..~fI_.........11.7-94.'Sa- . '",,_-oM.-
WIllrian..n-o.- .. DI-'___.dmrl4.IO..INi..
n., purpo:.e at_.... is:tDan-...,.,..""......plal-.....qtloe ~ oltb8
)IN'l'iGady1lllPR'-'.......1ooiiIy.
(2') SPIlClALEXCEPTION1O~..t:llpIIIIiIlIIaftb8-pmilIaIIy~I"CIti&ioas&cililymlr:>
~Jl"II*t1.
(3) NON.USE VARIANCE. OF BUILDING HEIOHT RBQUIJlIlMENTS tD penail tile praposed
RIiPcalsfac:iilyV<ilh.~.......1Ii'(3S'____~.
(4) NON.USE VAIUANCB OF LOT AUAAND LOT FRONTAGE UQlJIRSf.ENTS to pIlIIIlir;.
~nlili-IdIty...,..........wida__1lf1.14_(2..S_IIIiIIiIDumreqain:d)
(.S2_~...-.n_Ikl......IIl.G.lS'(uO'~""-O.
(S) HON..usE VAIUANCE OF'ARkING RfOULAT1ON'S tD...-.-a. _1I'idlia 25' oftb8-
~tWa..af--,.orN.E.30A_(IlltJlCllllilllld)
(6) NOM-USI! VAJUAHC;E OF,AlUaNo UQUDUlMENTS fD penIlit.'-I of 66 JIUbnI .-.
~2nquinloJ).
(7) NON+USEVAlUANCliOF SE1BAcx.~topen:llittlli=~rdiIicw&cilit}.
tolelbaclr. I' (SO' nquind) traa_illeriar__(ID11o)pnIpIfty _..-I.ct.ck wryin& 6-_ 5'10
S'2.~'RqIIinoI)framlloe__<-*)prapIItJ_(N.E.110Stnll:l).
(I) NON-lISEVAJUANCE OF ZONINO RIlOUl.A11ONS nqairiaa.bIlIf--.,1iae ript-of-owylO
be 70'; 10 -.aM _10 pmllIit 30' (3S' raqUnIlI).a,: em. _Iide mN,E. 30 A_ of doe sut>iea
'''''''''
n.~plansare(JllfikaPd_ybeeumincdinthc:Zonin&~. Plaftsma~bo
rlllIdi&d&lpablic.....
IUldECTPROI'IlI:IY; L.ctII.2.3...'.6, 7.1.9. lOa: 11,Bloct I oCHAU.ANDALE PAJUCNO
II...... bed: 21,... J9..... wiIll..;U'... 01"-1.... .pmtiIlII.ofTnld .A. oIDONN ACRES.
........ 'Ui....JO...._.........,.......ftIIIgwJ;
..-... ........,......... otaact I claid tlALJ..\NDALE'ARK NO. II aad ita Wily
~......-.....by._1r__ot_,..n.lwldatM~liDaor_ Block I;
..........-"**'almliaaof___orlot I ofAidBlDck-I;lIlId"-llil:dc.dlll_
by"'NIlyCllllllliaGd...:25'..-.ofandparalJelWh..Wftylimof1A; 11 of Aid B&ack I.
LOCATION: 21001 Bay. BaaInad, Dadec-y, Flaridll.
HEARING NO, 96-11-ACC-l (96+203)
APPLICAKt: '.C,T, BISCAYNE BOULEVARD PARTNBRSHIP
(I) MODIP1CATIONof.......if2.of.lIIOdiIkIaIiaD.of.~RlIllJI'daIiD.Of6cia1RcalrdBoak
12I60.,....ISOl.l.SlO.dDdApril4.19I4,Il8Ir_itIpllliel1ll.lIIb;e<<pmpcrty,~u
.......
PROM.: "2. ~pI'llpIIltyudeailedClll.--.aE:dDbil'A" -.nbedndqlediD~
___Mh..aplaaupn:panolllyw.-"""",-AIdlilltc:b,IDC,-..bidI
_p\Mli....~ 1.19I3.wilhr..-..dDdMan:kS. 1914..
TO "2.na.,~.dtlcritlalCIll.aa.:hedEdlibil."A.tball.bc:~m~
KCIllldaacc:wilblbll.pIaa..~byJ""R""""'Ardlitodu.i<ll...tJhm..
-..... "
(2) MODlPICAllONofc-titionI2O(RaokIliCIll~71_91..-d_a:klpIaIby1lle~
AIIJl'Ib lbrdClllIbe 27t1l.,afMan:b, 1991...!fIIrlbIrllllllii&:d byRatalaliGG 4-ZAB-lS6-92.
.....mi......bylltl2atas~Board(ll1lle2lldr.dayutApril, l!192.adlastlnDllifiedby
4-ZAB-32S-93, ~-a&taptadby1lleZeeiaJAppU Boadll>.lltl29lb.dayofSqJllmbcr.
1993.'-"".&:iIIlIIo:t:
PROM '2.1lIalmlbcapprovalof1llep1u.1lle_belllilltaalially..~willr.tlm
IIIbImW fiIr liIolari8,a cnliOed 'l.oelmmn'. FabiaD 1tIm:I.'. pnpamI by R. T.U.
"-'ciaMt.I&w:.,dmd laItre.iM:d 404.93; ...s-u.-Sarocyfix' ~'s fuIIiaD.
ltIInd.'.pnpndby'-BeMra.a:A-.c..I:at~ dteodJ.me 16, 1993..
TO "2.Thal.in.lIJIPftMllorbpla."_bc:~iD~widltIsat
nbmial:ld for Ihe --..-.w ~'I F'" bW:. JlRtlCI!l! hy.!llllL&.
TWo.IL.... ~iHl....w.:lA.-1-Qfi1 . . PJa.--.;""'-trf311leeb
'J' . ,.......w-..t... ....laImR ......n.. ... d-'7.11-96
and '1......l:u....filrIllI29h' 1Dvd '_-...d""......~. It.A.....,
""'~#J211Ol..
1lreP"'1"*mlbitfllql*t..Ul.u-.lIIppIic.aItolllllait_pl-.......tllepnlp<lled~
(3) NON.USE VARIANCE OF l..ANDSCAPED OPEN SPACE ~ 10 pamit lb;: pt<:1p*d.
IamkcapedGpCrltpllClC_cIf12,01%(13..s%nqaind).
(4) NON..usE VARIANCE OF PARKlNO RlIQUIIlEMENTS to paDll.909 ~ IIPM"" (1,930
pulcq,.,...rapn.:I)~~I.391fl111kiD1.,....(1.s67parki1tg~RqIlirW.).
(S) SPEaALPXCEP110Naf~~.lICIJltird.toaleabatic'--F_lOpctIDil:.
........ Ii.... _tobe IPA"'ld _m.lknqairoJd 1.s0ll' from.....aRIlc aJcobuIic:
bc:YlQp__1I**I_1I-.2,SOll' ftun...:a..d.,..... fIo:ility.
~..L ',...an=CIllIile_maybe..m..liDlkZo.inr;~. Plaalmaybe
r.-5ed . pab!ic......
SUBJECT PROPIIKlY TIldl'A', "B', & "C', REGiNA SQUARE SUBDMSION. P1at boo!< lll,
Page27,lotstbmponianafTRl:l"A"slmwnasWaim:ofPlatD-I.317.bciDgllll:npartio;ularly
-.... - ""'""
A pcKtiw m TnICt .A.. REGINA SQUARE Sl.lBDlVISJON, Plat book 113. PIIII" 27, b.!ia@: _
particaIarIyde8cribod....~: &p,.od1hc>NonIIwesICDfIOCrofsaidT_A;Ihmce.....STJ9".9'44"E.
....tb8-IlOrIb_oftaidTnldA.for.dilcaacc:af223.65'to.poiat;~l\IIlSO'CS'3l"Efor.
c!iIlIDceof341.36'to lpailJt OIIl1lclDlllll1ib= olllid Tftd:A; lhcDct1\lll NWS6'45"W, IlIaaalbc soarb
.or.- TractA, fbr.diIlan(:eof73.S'te.pninl:; lhenee..... NIl"45'31"W. akqr..-_liDIllfaid
Tmct A. fbr.lIitcaaoo ofI33.~1' to. paiat; lbeno:e nm NlI9'49'44"W. abI&....m. _ of_ TIa<:l A.
fbr.~ef7~.14'Ul.point;thI:nl:e"",N0'4~'3I"W.u..._Iine..h.id TnldA. fur. ~
ofSO'ID.paiDt;~.....NW49'44"W, ......smdh_afaaidT_ A, far.~at7S'1n.
paillr;bllceItll.NI9"49'44"W.llioaellllllllh_ofsaidTDCtA.for.~of75'Io.poim;t!lco:a:
nmNlr4S'31"W, a1qa waclileofSlid TnctA, far ldistlDceof 165' to~ Pomtof'bePmi:Da.
AND
A portim!. of Trat 'A",lUlGfNA SQUAJtE SUBDIVISION, Plat bCIak 113. Pap 27. beibs _
partic'IIiarlydotcribcd.. &:.n....s: Bqpaalbc:SoudKut<l<JDllllofoaid TPIoC.1A; lbeIIIoeI"lllllNW'S6'4S"W,
akqlbc tIUlIlb line afoaid T-" A, far. dislaIIce of]6!.66' lO.poiar; 1bIlDce..... N0'3'ts"E for.
distaD::e of 149.5'1n.paint; ~ 11m NS9"S6'CS"W lOr.dittaracc af213.39'IO.paiat; tI:aa rem
NO'45'31"W far. dittaraccof 191.74' 10. p:i:at c.lbcDOrth _ aftllid. Tra1 A:, tllalue nm 819"49'44.E,
aIoaa:1IIe1lll!lh_aftaidTra1A,for.diJlIIll;cof619.04'IOtlll!Poimof\'lll:l'\lltDrCm.dtwlar........,Ul
tbc:.hnina:.1IlItiu:IIaf2!!':~I'VIlSE'JIy,alan&1hc~tineofsaidTIKtA_alaactbl:1II:r
<<said CUI'I'I:, b.disI:aBee CJf31.9::!'.1hrorq;Il. amnl aqleofl9'1 1'34" 101Ilo PDinlCJf1llllplJey. tlaIcc:
nmS0'3I'I6"E,akualhc_tmcofMidTnu:tA,fur.lIiIlanDeof32221'101Ilo'llintllfbegiaaiac.
LOCATION: EaKlafBiacayDelklullward.~N.E 117Stro!l.tN.E,19ISlnl11l,DadeColmty,
~-
HEARING NO. 96-11-ACC_2 (96-313)
APPUCANT: AVENTllRA COMMONS ASSOCIATES LTO
SPBClALJ!XCEPTION lIfTlJW:illg~.. appIiedlOalecbotic: bc:wrare.......""pmDlit.
~l*bFliqlwrRan:ia"lboppiBccaDl:rtpKllldilllsu.o1lloNqllired 1,500'framlllCllbolr
Cl<isIinc bIpoor estab1itIauIDaad 1J*Ild_ tMa ~ RqIIired 2.S00' fmm.. exiaias n::tiP>as
--
PI-. ~anfilc --rlie c:KMlliDld....2".ocIiD8 ~Midcoil.Specim Pvrpcre Sum:y_
~~,'-pnlpaI'edhyCCL~,k.miudmdl!lJ96. PIaaomaybo:"""'li&da
--
SUBJBCT PROPBRlY: A portiCIll at OONN ACRES, Plat book 76, ... 30, ~ ...... ~
detcdlaIlI~:
ec-e .1bcNcTdbaaslcara<<r1lScdiClll34. T.........,.'I SlI<llh, Raaac 42l!ut;.......NIl
SI"59'3"[, abJ&1lIe EIly_ of_ SIllCtioll34. for 709.14': ~"'" SlIl"O'S7"W fur 40'; Ibau:e NIl
SW26'3"W for 1,719.66' JIg. Paiar. ofbcPmiD& ml PaiDl: aflqiDllirlc t.riD& S7J-3Xll"E fraIq &
\llIIWIc:r o(..__13IItilaIIcin::ll'-~ t.a nm SWIl}'. abII_ein:ularcane lOb_ ilPiDs fUr
ib........caIlnI.pof6"15'29.ad.radiatof4,%4.09'. ....._~ofS422'tD."*of
~; dBlce II1II Sl2"43'1I"W for 411.17'; ..., l11li SU'I2'2I"'W b: 491.74': tbDoce nm
N2"SS'32"W tar 2!!'. u-ce nm SU"12'2I"W for 634.57';...... nm N2"37'4O"W for 21.69'; ~ nlIl
N22".3'1'"Efilrl99.91'to.Poilaof~;~nlll.NEIIy,akq;.c:in:u1arcum:totbelofthlMDa
for........~ qIe ofO"S7'39" and.....m. CJf3.909.U'. far..._ dil(-.ellf6SSr 10.
Poiatot~~1bIa:c:nmNE'ly......c:in:u1arcanelOlbcfisbl~for.ol_.
cmlol.qIe of66"C0'24. alIl. radiIIt of 2S'. fur lIIl aR dittaTxe 0(29.09' to. Poim.of~ tIlIlnt:e
nmNU"26'3"Efor 1,10I.64'101hohilltllfbcPmina-
LOCATION; The ~ ClIJIIa ofN,E, 213 Slmlt,,!litcayDr; BeulTlYan1 (Stale Road. No. S), Dade
Cuay,Flarida.
Apenan...mdcc:ilksIOappaa\""l' clcIoWoo.madeby1lloA"llITllln CilyCounciI witbT'eI!peCI to any
-~atmhmtia&.willneed..ftlCa'd..rlbcprt>llOlCdiQp. Slldlpertm...,..nmdlOllIISIlfe
1bIIl...:batim-.lof1bc~itJlllldeint:ludiDs....U:iJlim<my.md~upentrohicb.tbc:
lIpJICIIIistobet.c:d.
Maptmialh:rdmamnailablc:b-iDIpccIKIn.1IloM<<ropolitmn.deC-Y~ofP'ltalille.
~alIl~lldtfka.lIIN.W.Pints-.MimIi"Pbida. "-tatbauklbc:filed
INWRiT'D'(G lIIlrut1hm: IkyspriorlO!be.... oIlIlz. am. ........otlhe '-riD8
METROPOlJTAN DADE COUNTY DEPARTMENT OF
PlJ.NNlNG. DEVBLOPMEN'T '" RBOlJLA noN
Publication of this Notice on the 16th d~y of October, 1996,
10116 96--3.10161l7M
Stay ahead
of others in
your field by
marketing your
product or services
effectively- If you target
start-up companies. then
can help you reach every
new business in Dade,
Broward and Palm
Beach counties.
We sell listings of
occupational licenses on
pressure-sensitive labels,
~::~.' diskettes and
dii~~f~ computer pnntouts
"'rlP'
DuIl'~REmw
For more information call
(800)777-7300. exl. 6686.
In Dade.(305) 347-6686
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