07-01-1997 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
July 1, 1997-6:30 P.M.
City Council
Arthur I. Snyder, Mayor
Jeffrey M. Perlow, Vice Mayor
Arthur Berger, Councilmember
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Patdcia Rogers-Libert, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
City of Aventura
Arthur L Snyder, Mayor
Jeffrey M. Perlow, Vice Mayor
Councilmembers
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Patricia Rogers-Libert
Council Meeting
July 1, 1997 6:30 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
AGENDA
CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following item
on the Council's agenda is quasi-judicial m nature. If you wish to object or comment upon
this item, please indicate the item number you would like to address when the
announcement regarding the quasi-judicial item is made. You must be swom 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 cross-examination, the Council will not
consider what you have said in its final deliberations.
DISCLOS~ OF ~n~ ~X-PA~TE CO~C^~O~S e~SUA~T TO O~mA~C~ 96-09
A. APPLICANT: MIAMI BEACH HEALTHCARE GROUP, LTD.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA; GRANTING SITE
PLAN APPROVAL FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF NE 209 STREET
AND NE 27 COURT TO PERMIT A THREE STORY
July 1, 1997 Council Meeting
MEDICAL OFFICE BUILDING; AND GRANTING A
VARIANCE FROM THE MAXIMUM BUILDING
HEIGHT NOT TO EXCEED TWENTY-FOUR (24)
FEET WHERE FORTY (40) FEET IS PROPOSED;
AND GRANTING A VARIANCE FROM THE
MAXIMUM ALLOWED FLOOR AREA RATIO
(FAR) NOT TO EXCEED 0.60 FOR A TWO STORY
BUILDING WHERE A THREE STORY BUILDING
IS PROPOSED; AND GRANTING A VARIANCE
FROM THE REQUIRED FIVE (5) FOOT
DECORATIVE WALL WHERE NO WALL IS
PROPOSED; AND PROVIDING AN EFFECTIVE
DATE.
APPLICANT:
AVENTURA COMMONS ASSOCIATES, LTD.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING
SPECIAL EXCEPTION APPROVAL FOR
PROPERTY LOCATED ON THE EAST SIDE OF
BISCAYNE BOULEVARD BETWEEN NE 210
STREET AND NE 213 STREET TO PERMIT A
SECOND COCKTAIL LOUNGE IN A RESTAURANT
WITHIN A SHOPPING CENTER WHERE ONE (1)
COCKTAIL LOUNGE WITHIN A RESTAURANT IS
ALLOWED IN A SHOPPING CENTER AND, WHICH
SECOND RESTAURANT IS LOCATED WITHIN 500
FEET OF A PLACE OF WORSHIP; PROVIDING AN
EFFECTIVE DATE.
APPLICANT:
AVENTURA BAY TOWNHOMES CORP.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING A
VAR1ANCE FROM THE REQUIRED TWO (2) OFF-
STREET PARKING SPACES TO PERMIT
GARAGES TO APPLY TOWARDS ONE OF THE
TWO REQUIRED SPACES; VARIANCE FROM THE
MINIMUM REQUIRED TWENTY (20) FEET
SETBACK FROM GARAGE TO NEAREST EDGE
OF ROADWAY pAVEMENT; AND VARIANCE
FROM THE MINIMUM FIFTEEN (15) FEET
SETBACK FROM A GROUP OF TOWNHOUSES TO
A PUBLIC OR PRIVATE STREET TO PERMIT THE
July 1, 1997 Council Meeting
CONSTRUCTION OF SIXTY-FIVE (65)
TOWNHOUSE UNITS FOR THE PROPERTY
LOCATED ON THE SOUTHV~EST CORNER OF NE
185 STREET AND NE 31 AVENUE; AND
PROVIDING AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES: Council Meeting - June 3, 1997
Council Meeting - June 25, 1997
$. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS:
CERTIFICATES OF APPRECIATION:
MANNY GROSSMAN
BOARD OF DIRECTORS OF THE CORONADO CONDOMINIUM ASSOC.
DAVIDE M. CARBONE, CEO
COLUMBIA AVENTURA HOSPITAL AND MEDICAL CENTER
7. CONSENT AGENDA:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY RELATIVE TO
THE IMPLEMENTATION OF A PROGRAM TO
FOSTER COMPATIBLE BOUNDARIES BETWEEN
MUNICIPALITIES AND UNINCORPORATED
AREAS; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Provides for cooperation among the County and City
relative to landscaping, signage and code enforcement along
shared boundaries adjacem to unincorporated areas)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED QUIT CLAIM DEEDS TO TRANSFER
CERTAIN PUBLIC STREETS AND ALLEYS AND
July 1, 1997 Council Meeting
TWO PARCELS OF LAND TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE CONSTRUCTION OF
BISCAYNE BOULEVARD IMPROVEMENTS
PHASE 7; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Provides for the transfer of property to the Florida
Department of Transportation as a part of the Biscayne
Boulevard and Ives Dais/Road Improvements)
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CODE OF THE CITY
OF AVENTURA BY ADDING A NEW ORDINANCE
ENTITLED "FLOOD DAMAGE PREVENTION";
PROVIDING FOR STATUTORY AUTHORITY AND
LEGISLATIVE FINDINGS; PROVIDING AN
INTENT AND PURPOSE; PROVIDING
OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING
ADMINISTRATIVE PROCEDURES AND
STANDARDS; PROVIDING FOR FLOOD HAZARD
REDUCTION; PROVIDING FOR VARIANCES AND
APPEALS; PROVIDING FOR THE REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; INCLUSION IN THE CODE AND
AN EFFECTIVE DATE
(Establishes flood damage prevention requiremems as
required by State Statute)
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING- None
9. RESOLUTIONS: None
10. OTHER BUSINESS: None
~l 1. REPORTS
12. PUBLIC COMMENTS
~3. ADJOURNMENT
July 1, 1997 Council Meeting
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COUNCIL WORKSHOP
COUNCIL MEETING
JULY 7, 1997
AUGUST 5, 1997
*Government Centex-, 2999 NE 191~t Street Suite 500
To be annon~nced
6 P.M.
This meeting is open to the public. In accordance wi~ the Americans with D~sainlft~e~ Act of 1990, all persons who are disabled and who need special
accotmnodations to pafticlp ate in ~hl$ meeting because of that disaInbty should contact the Office of the City Clerk. 466 8901 nOt atex than two days
prior to such proceeding.
Anyone wishing to appeal ~xy decision made by the Avaitura City Council with respect to any martex considered at sara meeting or hearing will need
a record of the proceedings and, for such purpose, may need to ensure that a vexbatin~ record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be base&
Agenda items may be viewed at the Office of the City Cled~ City of Aventura Government Cage~, 2999 NE 191~ Street, Suite 500, Avaltura,
Florida, 33180. Anyone wishing to obtain a copy of any aga~da item should contact the City Clerk at 466-8901.
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council Ci~
Eric M. Soroka, er
Jaye M. Epstein, .~ctor of Community Development
June 25, 1997
Columbia Aventura Hospital Request for Non-use Variances
to construct a Three-story Medical Office Building in an RU-5A, Semi-
Professional Office District.
July 1, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council, following a Public Hearing, approve the
requested variances.
THE REQUEST
The applicant, Miami Beach Healthcare Group, Ltd, a Florida Limited Partnership d/b/a
Columbia Aventura Hospital and Medical Center, is requesting variances to construct a
three-story medical office building in an RU-5A, Semi-Professional Office District (see
Exhibit #1 for letter of intent and application).
The variances requested are as follows:
Variance from Article XlXB/Chapter 33 of the Dade County Code where the
maximum height of any structure shall be two-(2) stories but not to exceed twenty-
four (24) feet above finished grade. (Provision of a three-(3) story building is
proposed, that exceeds 24' above finished grade).
2. Variance from Article XlXB/Chapter 33 of the Dade County Code where the
maximum Floor Area Ratio (FAR) for a two (2) story structure shall be 0.60 FAR.
The Dade County Code only designates Floor Area Ratios to a maximum based
upon a two-story building and the applicant is requesting a three-story building
therefore a variance from the maximum allowed FAR is being requested because of
the additional story.
3. Variance from Article XlXB/Chapter 33 of the Dade County Code where a decorative
wall, 5' in height, is required along interior property lines. (No wall is proposed).
BACKGROUND
OWNER OFPROPERTY:
ADDRESS OFPROPERTY:
SIZE OF PROPERTY:
LEGAL DESCRIPTION:
EXISTING ZONING:
FUTURE LAND USE DESIGNATION:
Miami Beach Healthcare Group, Ltd.
south of NE 211 Street between East Dixie
Highway and NE 27 Court
Approximately 2.88 acres (125,453 SF)
Lots I through 40, inclusive, of Block K, of
"Amended Plat Hallandale Park No. 6", Plat
Book 17 at Page 56 of the Public Records of
Dade County, Florida
RU-5A, Semi-Professional Office District
Low Density Residential
Zoning - The subject property is zoned RU-5A, Semi-Professional Office District, as are
some properties to the south and east. The properties to the north and east are zoned
RU-3M, Minimum Apartment House District. The properties to the southeast are zoned
RU-2, Two-Family Residential District and the properties to the west are located within
unincorporated Dade County.
Existing Land Use - The northern portion of the subject property is currently a parking
lot serving the Columbia Aventura Hospital to the east and the southern portion is
vacant land. The properties to the south are office uses and the properties to the north
are multi-family and single family homes. The properties to the west are located within
unincorporated Dade County.
Future Land Use- The subject property is currently designated Low Density
Residential according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade
County, Florida, as are the properties to the north, south, east and west.
2
The Site - The subject site, located at the southwest corner of NE 211 Street and NE
27 Court, is a rectangular piece of land approximately 210 foot by 625 foot. (See Exhibit
#2 for a location map).
The Project- A parking lot was recently constructed on the northern portion of
the property to serve the existing hospital facility and the proposed medical treatment
facility.
The applicant proposes to construct a medical office building on the southernmost
portion of the property with abundant landscaping and ample parking. The height
variance and additional square footage will permit the use of the building for oncology
treatments requiring special structural needs.
The building is roughly square in shape, approximately 100' by 100' in size with two
canopies jutting from the building to service drop-off visitors. The architecture is
basically contemporary with stucco walls with gridlines and square windows.
ANALYSIS
Consistency with Comprehensive Master Plan - The proposed development is
consistent with the Dade County Comprehensive Master Plan.
Review by City Departments - All comments by other departments have been
addressed by the applicant and/or included as conditions of approval.
Community Development Department Analysis - The Community Development
Department is supportive of this project. The applicant has requested a height variance
to add an additional story to the structure in order to permit the use of the building for
oncology treatments requiring special structural needs. According to Section 33-
223.9(b) of the Dade County Code, the maximum height of any structure shall be two
(2) stories but not to exceed twenty-four (24) feet above finished grade.
According to Section 33-223.9(c), the floor area ratio shall not exceed the following...
Two (2) stories: 0.60 FAR. The request for a variance to allow a Floor Area Ratio
(FAR) to exceed the maximum allowable 0.60 is due to the additional story added to the
structure for this site only because the code does not specifically cite FARs for buildings
over two (2) stories. Technically, the FAR is .26, which is well below a developmental
FAR.
According to Section 33-223.10(e), a decorative wall five- (5) foot in height shall be
erected along interior lot lines. However, in this case the need for a wall is
questionable, as the use to the east is also a medical office. The required 10 feet of
landscaping is still being imposed between the parking lot and the street.
The guidelines for approval of non-use variances as required by Dade County Code
Section 33-311(e)(2) requires:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
The requests are compatible with the surrounding land uses, and especially the
hospital complex, and would not be detrimental to the community.
2. No showing of unnecessary hardship to the land is required.
CONDITIONS
It is recommended that the request for variances be granted subject to the following
conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows: · Site Plan, sheet S-1, prepared by PPB Inc., revised dated 6/25/97;
· Tree Relocation Plan, Sheet T-l, Santiago & Associates, revised
dated 6/25/97;
· Landscape Plan, Sheet L-l, prepared by Santiago & Associates,
revised dated 6~25~97;
· Details and Specifications, Sheet L-2, prepared by Santiago &
Associates, revised dated 6/25/97;
· North Elevation and East Elevation, Sheet E-l, prepared by PPB Inc.,
revised dated 4~2~97;
Applicant shall obtain building permits within 12 months of the date of this
Resolution or the site plan approval granted shall be deemed null and void and the
applicant shall be required to reinstate the site plan review process unless the term
is extended by the City Council prior to its expiration.
3. Applicant shall commence utilization of the variance(s) granted within 12 months of
the date of this Resolution or the variance(s) granted shall be deemed null and void
unless the term is extended by the City Council prior to its expiration.
4. A complete paving and drainage plan showing proposed and existing grading,
drainage details and calculations must be submitted to and approved by the City
Engineer prior to the issuance of a building permit.
4
5. A complete fire and burglar alarm system, including panic alarms, must be installed
for all ground floor and common areas. The design, location and capability of said
systems must be submitted to and approved by the Police Chief prior to the
issuance of a Certificate of Occupancy for each structure.
6. Emergency contact information shall be on file with the Police Department prior to
issuance of a Certificate of Occupancy for each structure.
7. A qualified lighting professional shall submit a lighting plan for the entire property.
Said plan shall include the entire property as well as adjacent swale areas, and
should include decorative facade lighting in addition to that provided for safety and
security needs.
8. A dumpster enclosure consisting of a CBS structure with spring-loaded gates large
enough to encompass recycling racks and containers shall be provided. Water,
hose hook-up and drainage will be required. Dumpster enclosure pad shall be
extended a minimum of 6' in front of enclosure to prevent damage to asphalt during
service.
9. Roof screen shall be of sufficient height to adequately screen rooftop equipment and
related structures from ground view of surrounding and adjacent properties.
10. This project must connect to the sanitary sewer system in a manner and location to
be approved by the public utility responsible for connection and service.
11. Drop curbs shall be provided at all points where pedestrian walkways intersect with
vehicular use areas and shall be properly striped across driveways and drive aisles.
12. Provide "Stop" signs and stop bars at any exiting driveways at the property line.
13. All paved parking spaces shall be double striped and indicated as such on the site
plan.
14. Only Type D or Type F continuous curbing is allowed. Extruded curbing is not
permitted.
Proiect Specific Conditions
15. Provide evidence that Metro~Dade Department of Environmental
Management (DERM) finds no objection to the variances requested.
Resources
/staff reports/Columbia Aventura Hospital 050697
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA; GRANTING SITE PLAN
APPROVAL FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF NE 209 STREET AND NE 27
COURT TO PERMIT A THREE STORY MEDICAL OFFICE
BUILDING; AND GRANTING A VARIANCE FROM THE
MAXIMUM BUILDING HEIGHT NOT TO EXCEED
TVVENTY-FOUR (24) FEET WHERE FORTY (40) FEET IS
PROPOSED; AND GRANTING A VARIANCE FROM THE
MAXIMUM ALLOWED FLOOR AREA RATIO (FAR) NOT
TO EXCEED 0.60 FOR A TWO STORY BUILDING WHERE
A THREE STORY BUILDING IS PROPOSED; AND
GRANTING A VARIANCE FROM THE REQUIRED FIVE (5)
FOOT DECORATIVE WALL WHERE NO WALL IS
PROPOSED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura recognizes Resolution Z-96-8-ACC-1, passed
and adopted by the Board of County Commissioners on the 20th day of August 1996;
and
WHEREAS, the property described herein is zoned RU-5A, Semi-Professional
Office District; and
WHEREAS, the Applicant, Miami Beach Healthcare Group, Ltd., requested site
plan approval and non-use variances pursuant to Chapter 33 of the Code of Ordinances
of Metro-Dade County as applicable pursuant to City Charter Sec 8.03, and Ordinance
96-08, to permit a three story medical office building on the subject property; and
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, the City Council has held a public hearing as provided by law; and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, to the extent the Application is granted herein.
Ordinance No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-VAR-97 for Site Plan and non-use variances
approval to permit a three story medical office building on property legally described as:
LOTS 1 THROUGH 40, INCLUSIVE, OF BLOCK K, OF "AMENDED PLAT
HALLANDALE PARK NO. 6", PLAT BOOK 17 AT PAGE 56 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA
NK/A
NORTHWEST CORNER OF NE 209 STREET AND NE 27 COURT
AVENTURA, FLORIDA
Is hereby granted subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows: · Site Plan, sheet S-1, prepared by PPB Inc., revised dated 6/25/97;
· Tree Relocation Plan, Sheet T-l, Santiago & Associates, revised dated
6/25/97;
· Landscape Plan, Sheet L-l, prepared by Santiago & Associates,
revised dated 6/25/97;
· Details and Specifications, Sheet L-2, prepared by Santiago &
Associates, revised dated 6/25/97;
· North Elevation and East Elevation, Sheet E-l, prepared by PPB Inc.,
revised dated 4/2/97;
2. Applicant shall obtain building permits within 12 months of the date of this Resolution
or the site plan approval granted shall be deemed null and void and the applicant
shall be required to reinstate the site plan review process unless the term is
extended by the City Council prior to its expiration.
3. Applicant shall commence utilization of the variance(s) granted within 12 months of
the date of this Resolution or the variance(s) granted shall be deemed null and void
unless the term is extended by the City Council prior to its expiration.
Ordinance No.
Page 3
4. A complete paving and drainage plan showing proposed and existing grading,
drainage details and calculations must be submitted to and approved by the City
Engineer prior to the issuance of a building permit.
5. A complete fire and burglar alarm system, including panic alarms, must be installed
for all ground floor and common areas. The design, location and capability of said
systems must be submitted to and approved by the Police Chief prior to the
issuance of a Certificate of Occupancy for each structure.
6. Emergency contact information shall be on file with the Police Department prior to
issuance of a Certificate of Occupancy for each structure.
7. A qualified lighting professional shall submit a lighting plan for the entire property.
Said plan shall include the entire property as well as adjacent swale areas, and
should include decorative facade lighting in addition to that provided for safety and
security needs.
8. A dumpster enclosure consisting of a CBS structure with spring-loaded gates large
enough to encompass recycling racks and containers shall be provided. Water,
hose hook-up and drainage will be required. Dumpster enclosure pad shall be
extended a minimum of 6' in front of enclosure to prevent damage to asphalt during
service.
9. Roof screen shall be of sufficient height to adequately screen rooftop equipment and
related structures from ground view of surrounding and adjacent properties.
10. This project must connect to the sanitary sewer system in a manner and location to
be approved by the public utility responsible for connection and service.
11. Drop curbs shall be provided at all points where pedestrian walkways intersect with
vehicular use areas and shall be properly striped across driveways and drive aisles.
12. Provide "Stop" signs and stop bars at any exiting driveways at the property line.
13. All paved parking spaces shall be double striped and indicated as such on the site
plan.
14. Only Type D or Type F continuous curbing is allowed. Extruded curbing is not
permitted.
Ordinance No.
Page 4
PROJECT SPECIFIC CONDITIONS
15. Provide evidence that Metro-Dade Department of Environmental
Management (DERM) finds no objection to the variances requested.
Resources
Section 2. A variance from Chapter 33 of the Code of Ordinances of Metro-
Dade County, Florida to waive the maximum building height of twenty-four (24) feet
where forty (40) feet is proposed on the property legally described as aforesaid be and
the same is hereby granted subject to each of the aforementioned conditions.
Section 3. A variance from Chapter 33 of the Code of Ordinances of Metro-
Dade County, Florida to waive the maximum allowed floor area ratio (FAR) not to
exceed 0.60 for a two story building where a three story building is proposed on the
property legally described as aforesaid be and the same is hereby granted subject to
each of the aforementioned conditions.
Section 4. A variance from Chapter 33 of the Code of Ordinances of Metro-
Dade County, Florida to waive the required five (5) foot decorative wall where no wall is
proposed on the property legally described as aforesaid be and the same is hereby
granted subject to each of the aforementioned conditions.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section6. This Resolution shall become effective immediately upon its
adoption.
Ordinance No.
Page 5
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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this __ day of
, ~997
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
., 1997.
day of
CITY CLERK
EXHIBIT #1
VIA HAND DELIVERY
Mr. Jaye M. Epstein, AICP
Director
Community Development Department
2999 N.E. 191't Street
Suite 500
Aventura, Florida 33180
Febmat~ 7, 1997
RECEtVEO
Application by Miami Beach Healthcare Group, Ltd., a Florida Limited Partnership
d/b/a Columbia Aventura Hospital and Medical Center for Public Hearing before
~h¢ City of Aventura City Council / Letter of Intent
Dear Mr. Epstein:
This shall constitute the letter of intent accompanying the zoning hearing application by
Miami Beach Healthcare Group, Ltd., a Florida Limited Partnership d/b/a Columbia Aventura
Mr. Jaye M. Epstein, AICP
February 7, 1997
Page 2
Hospital and Medical Center ("Aventura Hospital" or the "Applicant"). As you are probably,
aware, Aventura Hospital's main facilities and medical office buildings are located on Biscayne
Boulevard and 209th Street, N.E. in the City of Avantura (the "City"). This application seeks a
variance from the requirements of the Dade County Zoning to permit a three story medical off'ce
building in an RU-5A, Semi-Professional Offce District, where the maximum permitted height is
two stories (Section 33-223.9.(b)) and with Floor Area Ratio exceeding 0.60 (permitted F.A.R.
for two stoq, buildings is 0.60, Section 33-223.9.(c)).
The subject property consists of a 2.88± acre parcel lying west of N.E 27t~ Court and
north of N.E 209th Street and south of N.E. 211th Street. The property is more specifically
described as
Lots I through 40, inclusive, of Block K, "Hallandale Park Number 6" as
recorded in Plat Book 17 at Page 56 of the Public Records of Dade County, (the
"ProperS").
The Property was the subject of a partial rezoning to RU-5A by the City Council on
August 20,. 1996 (ACC Hearing Item No. 96-8-ACC-1). That hearing approved the rezoning of
portions of the subject property fi~om RU-3M to RU-SA; an unusual use to permit parking to
serve the hospital in the northern portion of the subject property and the modification of a
previously approved plan.
This application concerns the proposed medical office building approved for development
on the southernmost portion of the Property. Aventura Hospital is proposing a three story high
medical office building with a Floor Area Ratio exceeding 0.60. The height variance and
additional square footage will permit the use of the building for oncology treatments requiring
special structural needs.
Furthermore, the building will be abundantly landscaped, exceeding the requirements of
the Dade County Landscape Ordinance. The recently approved parking facility on the northern
portion of the Property will also provide ample parking for this medical treatment facility.
GREENBERG TRAURIG
Mr. Jaye M. Epstein, A!CP
February 7, 1997
Page 3
Based on the foregoing, your favorable review is respectfully requested. Please do not
hesitate to comact the undersigned if you have any questions concerning this matter.
Very truly yours,
GREENBERG, TRAURIG, HOFFMAN,
LIPOFF, ROSEN & QUENTEL, P.A.
Mr. Davide Carbone
Mr. Michael Joseph
Norman Leopold, Esq.
Clifford A. Schulman, Esq.
By:
GREENBERG TRAURIG
PLEASE FURNISH
FOLIO NUMBER
Please refer to Exhibit 1
P. H. File No. Sec. 34 Twp. 52 Rge. 42
TO BE FILLED OUT BY APPLICANT: (Please Print)
i. Name of applicant (Property Owner or Lessee with
Swozm-to-Cog~enc).
Miami Beach Healthcare Group, Ltd., a Florida limited
partnership d/b/a Clumbia - Aventura Hospital & Medical Center
2.
scale).
NO. 6, as recorded in Plat Book 17 at Page 56 of the Public Records of
Dade County.
Address om locatiou of subject property:
West Dixie Highway and N.E. 27th Court
South of N.E. 211 Street between
Size of property: ft. X ft. Acres 2.88±
Date subject property acquired (x) or leased ( ) 1st . day of --
March , 19 96 Term of lea,e years/months.
Does property owner ow~ contiguous property co the subject property? If
so, give complete legal description of entire conti~uous property.
NO.
PLEASE FURNISH
FOLIO NUMBER
Please refer to Exhibit 1
Sec. 34 Twp. 51 Rge. 42
Date Received Stamp
1. Name of Applicant Miami Beach Healthcare Grou~, Ltd.
a. If applicamt Is owner, give name exactly aa recorded om deed.
b. if applicant is lessee, attach copy of lease and Owner's
c. if applicant is corporation, partnership, limited partnership, or
c/o Aventura Hospital and Medical Center
Mailing Address 20900 Biscayne Boulevard
City Aventura State Florida Zip 33180
Tel.~ (during working hours) 682-7000
2. Name of Property Owner
Same as Applicant.
City State Zip
Tel. t (during working
3. Contact Person Ines Marrero-Priegues, Esq./ Greenberg Traurig et al.
Mailing Address 1221 Brickell Avenue
City Miami State FL Zip 33131
Tel. ~ (during working hours) 579-0565
4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY T~E APPLICATION.
a. if subdivided, provide lot, block, complete name of subdivision, plat
book and page number.
b. if metes and bounda description, provide complete description, including
section, township and range.
c. submit six (6) copies of a survey, if property la odd-shaped (1" to 300'
scale).
d. if separate requests apply to differem: areas, provide the legal
description of each area covered by a separate request.
Lots 1 through 40, inclusive, of Block K, of "AMENDED PLAT HALLANDALE
pARK NO. 6", Plat Book 17 at Page 56 of the Public Records of Dads
County, Florida.
5. Address or location of subject property: South of N.E. 211 Street between
West Dixie Highway and N.E. 27th Court
6. Size of property: ft. X ft. Acres 2.88±
7. Date subject property acquired (xx) or leased ( ) 1st day of --
_ .Ma~c~n_ , 19 9~_ . Term of lease years/months.
8. Does property cwner own contigous property to the subject property? If so, giv~
complete legal description of entire contiguous property.
NO
IS there an option to purchase ( ) or lease ( ) the subject property or property
contiguous thereto? ( ) y~s or ~ no
If y~s, who are the potential purchasers or lessees? .
10. Present zoning classification(s): RU-5A
11. REQUEST COVERED UNDER THIS APPLICATION:
Please check the appropriate box end give a brief description of the nature of the
request in the space provided.
District Boundary Chang~ (s):
Zone classifications requested
Unusual Use
Use Variance
(XJ Non-Use Variance of height restrictions and F.A.R. to permit 3 story medical
office building.
( ) Special Exception
( ) Modification of previous r~solution/plan
12. Has a public hearing been held on th~s property within the last year? YES
If yes, applicant's ~ Same as Applicant herein.
Date of hearing August 20~ 1996
Natur~ of hearing district boundary change; unusual use; site plan modification
Decision of hearing approval
Resolution # HEARING NO. 96-8-ACC-1 / Resolution # not available
13. Is this hearing being r~quested as a result of a violation notice?
( ) yes (x~ec
If y~s, give n~m~ to whom violation notice w~s served
Nature of violation
14. Are there any existing structures on the property?
If yes, briefly describe
( ) yes (x~ no
15. Is there any existing use on the property? ~six)yes ( )no
If yes, what is the use and whenwas it established? Use 0ffstreet parkin~
f~e~lJtv for hospital Established currently under construction
as approved by unusual use
EXHIBIT 1
BLOCK K
FOLIO NUMBERS
LOT 1 30-1234-005-0340
LOT 2 30-1234-005-0350
LOT 3 30-1234-005-0360
LOT 4 30-1234-005-0361
LOT 5 30-1234-O05-0362
LOT 6 30-1234-005-O363
LOT ? 30-1234-005-0370
LOT 8 30-1234-005-O370
LOT 9 30-1234-005-03?0
LOT 10 30-1234-005-0390
LOT 11 30-1234-005-0400
LOT 12 30-1234-005-0410
LOT 13 30-1234-005-0420
LOT 14 ~0-1234-005-0430
LOT I S 30-1234-005-0440
LOT 16 30-1234-005-0450
LOT 17 30-1234-005-0460
LOT 18 30-1234-005-0470
LOT 19 30-1234-005-0480
LOT 20 30-1234-005-0490
LOT 21 30-1234-005-0500
LOT 22 30-1234-005-0510
LOT 23 30-1234-005-0520
LOT 24 30.1234~05-0520
LOT 25 30-1234-005-0520
LOT 26 30-1234-005-0520
LOT 27 30-1234-005-0520
LOT 28 30-1234-005.O520
LOT 29 30-1234-005-0520
LOT 30 30-1234-005-0530
LOT 31 ~-'i234-005-0530
LOT 32 30-1234-005-O530
LOT 33 30-1234-005-0530
LOT 34 30-1234-005-0530
LOT 35 30-1234-005-0550
LOT 36 30-1234-005-0550
LOT 37 30-1234-005-0550
lOT 38 30-1234-005-0550
LOT 39 30-1234-005-0570
LOT 40 30-1234-005-0580
the owner/~-e~ant~o-~ -t-h~-~-r-~erty described and which is the subject matter of
Signature
CORPORATION AFFIDAVIT
are -t~-- ~ e~g~ t/~ t c--e-P~es--'~ en t , and Secretary/Assr, Secretary of the
President's Signature (Corp. Seal)
ATTEST:
-' - S~ec~re--t~-r-~'s Signature
OFFICIALNOTARYSEAL MIAMI BEACH HEALTHCARE GROUP, LTD., a
LINDAEGOODEN ] Florida Limited Partnershi~
[NCrFARYPUBLI£STATEO?FLORiDA t ......... (Na~e' el '~ar~ne~'$hfl-/p)
..................... DA~ WC~ONE
By .......... % By _ C~pf Executive Officer__ %
a S(,q't~ ~f''~ -Attorney at Law, and 1 am the Attorney lot the O~er of the
this .... day of ...... , 19 - - ..... ~-t~'r~--ffdblic
OWNERSHIP AFFIDAVIT
LIMITED P~RTNERSHIP
The undersigned, being first duly sworn, deposes and says that he
is the Chief Executive Officer of the hereinafter named limited
partnership, and as such, has been authorized to file this
application for a public hearing; that all answers to the questions
in said application and all sketches, date and other supplementary
matters attached to and made a part of this application are honest
and true to the best of our knowledge and belief that said limited
partnership is the owner of the property described herein which is
the subject matter of the proposed hearing. It is understood that
this application must be complete and accurate before a hearing can
be advertised.
THIS AFFIDAVIT IS SUBJECT TO PENALTIES OF LAW (PERJURY) AND TO
POSSIBLE VOIDING OF ANY ZONING ACTION GRANTED AT A PUBLIC HF2LRING.
MIAMI BEACH HEALTHCARE GROUP, LTD.,
Florida Limited Partnership d/b/a/
Aventura Hospital and Medical Center
(N~m~ of Partner~hi~
By: \! 3 -~.~ ~ /~-~__-~__
Print Name: Davide Carbone
Chief Executive officer
State of Florida )
) :SS
County of Dade )
BEFORE ME, the undersigned authority, this day personally appeared
DAVIDE CARBONE, to me well known and known to me to be the Chief
Executive officer of MIAMI BEACH HEALTHCARE GROUP, LTD., a Florida
Limited Partnership under the laws of the State of Florida and
which person is known by me to be the person described in and who
executed the foregoing instrument, the said person being likewise
known by me to be the chief Executive officer thereof, who, in his
official capacity as such, signed and delivered the said instrument
as the act and deed of said Limited Partnership; and he then and
there acknowledged to and before me that he executed the said
instrument, acting in his official capacity, for and as the act and
deed of the said Limited Partnership and in its name, for the uses
and purposes therein mentioned, and after being thereunto by the
said Limited Partnership duly authorized and directed.
WITNESS my hand and official seal at Miami, Dade County, Florida on
this, the ~'~ day of ~(-(~ , 199~6~
~t~ry Publi~, S~a~ o3 Florida at Large
My Commission Expires:
DISCLOSURE OF INTEREST*
If the property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Note~ where the
principal officers or stockholders consist ~of another
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses
the identity of the individual(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
CORPORATION NAME
NAME. ADDRESS. AND OFFICE
Percentaae of
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), another
trust(s), partnership(s) or other similar entities, further
disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership
interest in the aforementioned entity].
TRUST NAME
NAME AND ADDRESS Percentage of Interest
Page 2
If the property which is the subject of the application is o~ned or leasec
by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the
partnership, including general and limited partners. [Note: where the
partner(s) consist of another partnership(s), corporation(s) trust(s) or
other similar entities, further disclosure shall be required whic~
discloses the identity of the individual(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].~
Miami Beach Healthcare Group~ Ltd; a Fla. ltd. partnership.
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
(d/b/a Aventura Hospital and Medical Center)
~ Percentaae of Ownership
SEE ATTACHMENT TO DISCLOSURE OF
INTEREST FORM & EXHIBIT 1 Thereto.
If there is a CONTRACT FOR PURCHASE, whether contingent on this applicati~
or not, and whether a Corporation, Trustee, or Partnership, list t~
names of the contract purchasers below, including the principal officers,
stockholders, beneficiaries, or partners. [Note: where the princip~
officers, stockholders, beneficiaries, or partners consist of anoth~
corporation, trust, partnership, or other similar entities, furth~
disclosure shall be required which discloses_ the identity of t~
individual(s) (natural persons) having the ultimate ownership interest h
the aforementioned entity].
NAME
NkME, ADDRESS.AND OFFICE (if applicable)
~ercentaae of Interest
Date of contract.'__
Page 3
If any contingency clause or contract terms involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
For any changes of ownership or changes in contracts for purchase
subsequent to the date of the application, but prior to the date of fin~
public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties of interest in the
application to the best of my knowledge and belief.
Signature: ~
(Applicant) L/ ~ /
Ines Marrero-PrieKuest
Greenber§ Traurig et al.
Attorney for Applicant
Sworn to and subscribed before me,
this/~ day of ~/~3~
Nota~/y Public, State or'Florida at Large
My Commission Expires:
(SEAL)
~ ", ROSA M. R%~y
* Disclosure shall not be required of any entity, the equ,ty interests
which are regularly traded on an established securities market in t~
United States or other country; or of any entity, the ownerhip intereshs of
which are held in a limited partnership consisting of more than
separate interests and where no one person or ent,ty holds more ~:han
ATTACHMENT TO DISCLOSURE OF INTEREST FORM
Miami Beach Healthcare GrouP. Ltd.. a Fla. Limited Partnership
(d/b/a Aventura Hospital and Medical Center)
20900 Biscayne Boulevard
Aventura, Florida 33180
General Partner Columbia Hospital Corporation of
Miami Beach, a Florida corporation
1 Park Plaza
Nashville, Tennessee 37203
Limited Partners
Galen Health Care, Inc., a Delaware
corporation
ADDRESS:
100 %
Western Plains Regional
Hospital, Inc. a Kansas
corporation
1 Park Plaza
Nashville, Tennessee 37203
100%
Columbia - HCA
Healthcare
Corpor at ion, a
Delaware Corporation
1 Park Plaza
Nashville, ~ 37203
(See below for
disclosure)
Directors:
CHC Holdings, Inc., a Delware
corporation
1 Park Plaza
Nashville, Tennessee 37203
(See further disclosure, below)
See Exhibit 1
-1-
Galen Health Care, Inc., a Delaware corporation
Share Owership % Shareholder(s)
100 %
Western Plains Regional Hospital,
Inc. a Kansas corporation
1 Park Plaza
Nashville, Tennessee 37203
Western Plains Regional Hosmital. Inc..
a Kansas corporation
Share Owership % Shareholder(s)
100% Columbia HCA Healthcare
Corporation, a Delaware Corporation
1 Park Plaza
Nashville, TN 37203
(See below for disclosure)
Columbia Hosmital Corporation
of Miami Beach, a Florida Corporation
Share Owershim %
ShareholderCs~
100% CHC Holdings, Inc., a Delaware
corporation
1 Park Plaza
Nashville, Tennessee 37203
CHC Holdings. Inc., a
Delaware Corporation
Share OwershiD %
100%
Shareholder(s)
Columbia Hospital Corporation
Delaware, a Delaware corporation
1 Park Plaza
Nashville, Tennessee 37203
-2-
Columbia Hospital Corporation-Delaware, a
Delaware corporation
Share OwershiD %
ShareholderCs~
100%
Columbia-HCA Healthcare Corporation,
a Delaware Corporation
1 Park Plaza
Nashville, Tennessee 37203
Columbia-HCA Healthcare Corporation,
a Delaware Corporation
Share OwershiD %
Shareholderfs)
100%
The stock of Columbia-HCA Healthcare
Corporation is publicly traded in
the New York Stock Exchange
-3-
Oanie{ Moan
*Stephen T. Braun
*David C. Colb¥
Joseph D. Moors
*Richard A. Schwe~hart
David G. Anderson
David Bradford
Se'~tye D. Daugherty
James D. Hinton
Jay Jarre~l
OFFICERS AND DIRECTORS
OF
COLUMBIA HO3PITAL CORPORATION OF MIAMI BEACH
7975 NW 154th Street, #400A
President
Senior Vice President
an~A$$istentSecretary
Senior Vice President
Seeior Vice Fresldent
Senior VicePresident
Vice President and Assistant Treasurer
Vice president and Assistant Secretary
Vice President and Assistant Secretary
Vice president
Vice President
Vice president
Vice presldent
Vice President and Assistant Secretary
V{ce president
Secretary
Miami Beach, FL 33016
One park plaza
Nashville, TN 37203
One Park p~za
Nashvllle, TN 37203
One Park Plaza
Nashville, TN 37203
Nashville, TN 37203
One Park Plaza
Nashville, TN 37203
One Park Plaza
Nashville, TN 37203
One park plaza
Nashville, TN 37203
1401 Mitchelt Avenue
Jaffers0nv[~le, IN 47131
7975 NW 1541h Street, #400A
Miami Beach, FL 33016
One park Ptaza
Nashvilt¢, TN 37203
One Park Plaza
Nashville, TN 37203
One Park plaza
Nashville, TN 37203
7975 NW 1541h Street, #400A
Miami Lakes, FL 33016
One Park Plaza
Nashville, TN 37203
· Directors Adf~inistrat0r
Ftoride)
persons employed n the capacity of Chiet Executive Officer, Chief Financier Officer, snd Assistant
of facilities owned and/or operated by this Corporation, ara authorized by the Board of Directors of this Corporation
Public Hearing No:
I hereby acknowledge that I am aware that the Departmant of Environmental
Resources Management (DERM), the Public Works Department, and other County
agencies review zoning applications and proffer comments that may affect their
scheduling and outcome. These comments sometimes include requirements for an
additional public hearing before the Environmental Quality Control Board, or
other County Boards, and/or the prior preparation and execution of agreements
to run with the land which are recorded. In addition to these agencies~ I
also understand that the South Florida Building Code may contain requirements
that affect my ability to obtain a building permit (Building and Zoning
Department l0th Floor) for my project, even if my zoning application is
approved at public hearing. Contact with the above m~ntioned asencies is
advised during the hearing process. Further, I understand that the cases of
Machado v. Musgrove and McGaw v. Metropolitan Dade County may affect my public
hearing application. I ackn~ledge receipt of copies of these cases for my
Notary: Sworn to and subscribed before me this
- State~6 Florida
My Commission expires
~ign~ur e) [)
Ineff Marrero-Prl~gues, Esq.
Greenberg Traurig et al.
Attorneys for
Miami Beach Healthcare Group,Ltd.,
a Florida limited partnership.
DIX
E
HIGHWAY
,. .... ~WEST
'~ ~NE 27 COURT
Z
EXHIBIT #2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council ty~
Eric M. Soroka, Ci
Jaye M. Epstein, ArCP~
May 9, 1997
e.~or of Community Development
Request of Aventura Commons Associates, Ltd. For a special exception
to permit a second cocktail lounge within 500 feet of a place of worship.
June 3, 1997 City Council Meeting Agenda Item ,,~ ~ ~
July 1, 1997 City Council Meeting Agenda Item ::~, ~'~)
THE REQUEST
The applicant, Aventura Commons Associates, Ltd., is requesting a Special Exception
to permit a second cocktail lounge in a restaurant within a shopping center where one
(1) cocktail lounge within a restaurant is allowed in a shopping center and, which
second restaurant is located within 500 feet of a place of worship to allow a second
cocktail lounge on property being developed as a shopping center. According to Dade
County Code, "Only one (1) such cocktail lounge-bar will be permitted in the shopping
center, and such restaurant use shall be at least five hundred (500) feet from any
church or school ..." (See Exhibit #1, Section 33-150(E)(4))
RECOMMENDATION
It is recommended that the request for a special exception be granted.
BACKGROUND
OWNER OF PROPERTY
Aventura Commons Associates, Ltd.
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
EXISTING ZONING
FUTURE LAND USE DESIGNATION
east side of Biscayne Boulevard between NE
210 and NE 213 Streets
( 21005-21265 Biscayne Boulevard)
(See Exhibit #2 for a Location Map)
Approximately 25 acres
Lengthy legal - See Exhibit #A
BU-2, Special Business District
Business and Office
Zoning- The subject property is zoned BU-2, Special Business District. The
properties to the north and south are zoned RU-2, Two-Family Residential District and
the properties to the west are zoned BU-1, Neighborhood Business District or BU-1A,
Limited Business District. The property to the east/southeast is zoned PAD, Planned
Area Development District.
Existing Land Use - The subject property is currently vacant land, proposed to be
developed as a shopping center. The properties to the west are the Columbia
Aventura Hospital and medical offices. The properties to the north and immediate
south are vacant and the property to the east/southeast is presently vacant but is the
proposed location of the Aventura Lakes residential development.
Future Land Use - The subject property is currently designated Business and Office
according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County,
Florida, as are the properties to the north, south, and west. The property to the east is
designated Medium Density Residential.
The Site - The subject site, located on the east side of Biscayne Boulevard between
NE 210 Street and NE 213 Street is a parallelogram shaped piece of land
approximately 1100 feet by 1050 feet and is approximately 25 acres in size. (See
Exhibit #2 for a location map).
The Project- The site is the location of the proposed Aventura Commons
shopping center. Aventura Commons intends to develop two of the outparcels on the
Property with restaurants. Each restaurant will be a full service dining establishment
designed to include a cocktail lounge offering restaurant patrons various beers and
other alcoholic beverages. Presently, one restaurant with a cocktail lounge is permitted
on the Property which complies with the standards set forth in Section 33-150(E)(4) of
the Metropolitan Dade County Zoning Code. However, pursuant to that Section of the
Code, Aventura Commons requests a special exception be granted, to permit a second
2
restaurant with a cocktail lounge on the Property to be located within 500 feet of an
existing house of worship.
.ANALYSIS
Consistency with Comprehensive Master Plan - The proposed development is
consistent with the Dade County Comprehensive Master Plan.
Concurrency - Project meets concurrency.
Review by City Departments:
Police Department - The Police Department would like to know the name of the
proposed restaurants in order to determine if they have had problems or security
concerns at other locations. If the location is intended to become a night spot then
there may be some concerns for law enforcement. If these are typical chain
restaurants, there are no objections to the proposals.
Community Development Department Analysis -
The applicant proposes that the first restaurant is approximately 970' from the nearest
house of worship. According to Dade County Code Section 33-150(E)(4), this falls
within the standards allowed. However, the second restaurant is located approximately
240' from the nearest house of worship, therefore, the applicant is requesting a special
exception from the requirement that "only one (1) such cocktail lounge-bar will be
permitted in the shopping center, and such restaurant use shall be at least five hundred
(500) feet from any church or school..
The conditions as required by Dade County Code Section 33-150(E)(4) are:
1. "shopping center in a BU-2 district containing net ground area of not less than 14
acres under one ownership":
The proposed site is approximately 25 acres under one ownership
2. "approved plan showing 200,000 square feet of building ... with facilities for parking
not less than 250 vehicles":
Dade County has approved a site plan allowing 267,000 square feet of
building area and 1,295 parking spaces
3
3. "restaurant serves full course meals regularly, and have accommodations for
service of two hundred (200) or more patrons at tables, and provided the restaurant
occupies more than four thousand (4,000) square feet of floor space":
The approved site plan proposes two (2) restaurants, one at 6,500 square
feet and the other at 8,000 square feet
4. "before any such cocktail lounge-bar will be permitted, the required floor area of
75,000 square feet and required parking for 250 vehicles in the shopping center
must be constructed":
Building permit applications have been submitted for the construction of
the Target store. Additionally, no building permits will be issued for either
restaurant until 75,000 square feet of floor area and 250 required parking
spaces have been constructed within the shopping center.
5. If this special exception is granted by the City Council, then the applicant is required
to conform to all requirements as specified in Section 33-150(E)(4) as follows: (1)
the cocktail lounge-bar in the restaurant structure shall not have outside entrances
and; (2) the lounge shall be so located that there is no indication from the outside of
the structure that the cocktail lounge is within the structure.
Additionally, according to Article XXXVI, Section 33-31 l(d) of the Dade County Code, a
special exception should be evaluated using the following criteria:
1. The request would not have an unfavorable effect on the economy of Dade County;
The request for a second restaurant to provide a cocktail lounge would
not have an unfavorable effect on the economy of Dade County.
2. The request would not generate or result in excessive noise or traffic, cause undue
or excessive burden on public facilities, including water, sewer, solid waste
disposal, recreation, transportation, streets, roads, highways or other such facilities
which have been constructed or which are planned and budgeted for construction;
and
The request would not generate or result in excessive noise or traffic, or
cause undue or excessive burden on public facilities above and beyond
that which is already contemplated for the restaurant in general and that
of the entire shopping center.
4
The request would not tend to create a fire or other equally or greater dangerous
hazards, or provoke excessive overcrowding or concentration of people or
population.
The request would not tend to create a fire or other equally or greater
dangerous hazard, or provoke excessive overcrowding or concentration
of people or population above and beyond that which is already
contemplated for the restaurant in general and that of the entire shopping
center.
The Community Development Department is supportive of this proposal. The
proposed use and request is compatible with the area and is generally a use
associated with large shopping centers. Additionally, the request is in harmony with
the general purpose and intent of the regulations and would conform with the
requirements and intent of the zoning guidelines.
CONDITIONS
It is recommended that the request for a special exception be granted subject to the
following conditions:
STANDARD CONDITIONS
1. Applicant shall submit the final building plans within 12 months of the date of this
Resolution or the special exception approval granted shall be deemed null and void
and the applicant shall be required to reinstate the special exception review process
unless the term is extended by the City Council prior to its expiration.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall conform to all requirements per Article X. Alcoholic Beverages of the
Dade County Code, and more specifically Sec. 33-151(g) and Sec. 33-151(h). (See
Exhibit #3 for those requirements).
The developer has offered and the staff accepts the following conditions:
2. The bar shall not be advertised on any restaurant or shopping center signage,
unless the bar or lounge is part of a national or reyional tenant's name.
3. Alcohol shall not be sold for off-premise consumption.
4. The bar shall not have its own separate entrance from the outside.
5. The outparcel's primary use shall remain a restaurant use.
6. The operating hours for the bar shall not extend beyond those for the restaurant.
/staff reports/Aventura Commons 050697
5
ZONING § 33-150
(d) The word "owner" as used in this article
shall include owners of the fee, lessee and "agent
iu charge."
(Ord. No. 57-19, § 32(L), 10-22-57)
ARTICLE X. ALCOHOLIC BEVERAGES*
Sec. 33-150. Location of establishments.
(A) Distance from other establishments. Unless
approved as a special exception (Section 33-
311(d)), no premises shall be used for the sale of
any alcoholic beverages, as defined heroin, to be
cons~med on or off the premises where the struc-
ture or place of business intended for such use is
located less than fifteen hundred (1,500) feet from
a place of business having an existing,
unabandoned, legally established (and not one of
the uses excepted from the spacing requirements
hereinafter provided) alcoholic beverage use which
permits consumption on or off the promises. The
~n hundred (1,500) foot distance require-
ments shall be measured by following a straight
line from the nearest portion of the structure of
the place of business.
(B) Distance from church or school. Unless
approved as a special exception (Section 33-
311(d)), no premises shall be used for the sale of
alcoholic beverages to be consumed on or off the
premises where the structure or place of business
intended for such use is located less than twenty-
five hundred (2,500) feet from a church or public
school. The twenty-five-hundred-foot distance re-
quirement shall be measured and computed as
follows:
(1) From a church, the distance shall be mea-
sured by following a straight line from the
*Charter referenc~--Authorlty of County to establish
and enforce regulations for sale of alcoholic beverages in
unincorporated areas and to approve municipal regulations on
hours for the sale of aicoholic beverages, § L01(AX16).
Crou references--De~nition of aicohoUc beverages, §
33-1(3); definition of bar or saloon, § 33-1(10); definition of
beer, § 33-1(13); definition of cabaret, § 33-1(23); def~dtion of
intoxicating liquors, § 33-1(59); minors gaining admission to
proh~bitod places, or for purpose~ of zecuring beer, liquor or
wine, by false ~tatements or credentials, § 21-10; package
stores and nightclubs in hotels, RU-4 District, § 33-222.4.
Supp. No. 16 5229
front door of the proposed place of business
to the nearest point of the church struc-
ture, and
(2) From a public school, the distance shall be
measured by following a straight line from
the front door of the proposed place of
business to the nearest point of the school
grounds.
(C) Compliance prerequisite to issuance of li-
censes, permits and certificates. No certificate of
use or occupancy, license, building or other permit
shall be issued to any person, firm, or corporation
for the sale of alcoholic beverages to be consumed
on or offthe premises where the proposed place of
business does not conform to the requirements of
subsections (A) and (B) above.
(D) Nonconforming uses; definition Of abandon.
ment. The uses referred to in subsections (A) and
(B) above that are in violation of the provisions
thereof, and that wero in existenes on or before
June 14, 1956, shall be deemed to be nonesnform-
ing and as such may continue until thero is an
abandonment thereof, provided that such noncon-
forming uses have been established and proven to
the satisfaction of the Department on or before
October 1, 1956, and not thereafter. After October
1, 1956, the right to establish a use not conform-
ing with the requirements of subsections (A) and
(B) shall have expired and shall not thereafter be
recognized. Any uses, created and established in a
legal w~nner, which may thereafter become non-
conforming, may continue until there is an aban-
donment. Ones a nonconforming use is aban-
doned it c~n,~ot be re-established ,re]ess it can
conform to the requirements of this chapter.
Abandonment shall consist of a change of use or
of a suspension of active business with the public
for a period of not less than throo (3) months, or
prior to the end of the period, on a wr[t~en
declaration of abandonment by the tenant and
owner of the premises if under lease, and if not, by
the owner.
(E) Exceptions to spacing and distance require-
ments. The restrictions and spacing requirements
set forth in subsections (A) and (B) above shall not
apply:
(1) To private clubs, provided such clubs con-
form to all the requirements of a private
EXHIBIT #1
§ 33-150 DADE COUNTY CODE
(2)
(3)
~(4)
club as stated in Chapter 561 of the Florida
Statutes and other applicable State laws,
and providing that there are no signs of
any type exhibited or displayed or other
indications that can be seen from the exte-
rior of the clubhouse, building or structure
that alcohoUc beverages are served. Before
a certificate of use and occupancy to serve
alcoholic beverages will be issued, the ap-
plicant must submit necessary data to prove
that it is eligible for the use and complies
with Chapter 561 of the Florida Statutes or
other applicable State laws; provided, any-
thing to the contrary notwithstanding, these
requirements must be complied with, even
though the club intends to serve only beer
and/or wine.
ESTABLISHMENTS IN RU-4, RU-4A DIS-
TRICTS. To cocktail lounges, bars and cab-
arets located in RU-4 or RU-4A Districts
and which conform to the requirements of
said districts, or such other ceoktafl lounges,
bars and cabarets in other liberal districts
as may comply with the RU-4 or RU-4A
requirements.
RESTAURANTS IN BU-1, BU-1A DIS-
TRICTS. To dining rooms or restaurants
located in the BU-1 or BU-1A Districts
which comply with the requirements of
such districts and serve cooked, full course
meals, daily prepared on the premises, or
such other dlnlrig rooms or restaurants in
other more liberal districts complying with
the requirements of the BU-1 or BU-1A
District and which serve cocked, full course
meals, daily prepared on the premises,
providing that only a service bar is used
and' the sale of alcoholic beverages are sold
only to persons seated at tables.
COCKTAIL LOUNGES IN RESTAURANTS
IN SHOPPING CENTER IN BU-2 DIS-
TRICT. To cocktail lounge-bars (including
package stores) in restaurants located in a
shopping center in a BU-2 or more liberal
district containing net ground building area
(including parking) of not less than four-
teen (14) acres under one (1) ownership of
title with an approved plan showing 200,000
square feet of building area and improved
(5)
(6)
by not less than seventy-five thousand
(75,000) square feet of floor area thereon,
with facilities for parking not less than two
hundred fifty (250) vehicles, provided such
restaurant contains all necessary equip-
ment and supplies for and serves full course
meals regularly, and have accommodations
for service of two hundred (200) or more
patrons at tables, and provided the restau-
rant occupies more than four thousand
(4,000) square feet of floor space. Only one
(1) such cocktail lounge-bar will be permit-
ted in the shopping center, and such res-
taurant use shall be at least five hundred
(500) feet from any church or school mea-
sured as otherwise provided in this section.
Before any such cocktail lounge-bar will be
permitted the required floor area ofeoventy-
five thousand (75,000) square feet and re-
quir~d parking for two hundred fifty (250)
vehicles in the shopping center must be
constructed. The cocktail lounge-bar in the
restaurant structure shall not have outside
entrances and the lounge and pack, ge store
shall be so located that there is no indica-
tion from the outside of the structure that
the cocktail lounge and package store are
within the structure.
BEER AND WINE FOR OFF-PREMISES
CONSUIvIPTION. To the sale of beer and
wine as a grocery item for consumption off
the premises, from grocery steres and meat
markets within the hours adopted and pre-
scribed by the County Commission.
CONVENTION HALLS IN BU-1A DIS-
TRICTS. To convention halls located in
BU-1A, or more liberal business and indus-
trial districts, which meet the following
requirements: (a) Where the hall is part of
the operation of a hotel or motel and di-
rectly under its management. (b) Where
the square footage area~f the convention
hall is at least ten thousand (10,000) square
feet. (c) Where the seating capacity of the
hall is in excess of five hundred (500)
persons. (d) Where the sign advertising the
cocktail lounge or bar use is of same or
similar type as is permitted for motels in
Supp. No. 16 ~ 5230
EXHIBIT A
^ portion o~ ~O~; ACRES, according to the Plat thereof, as
recorded in Plat Book 76, at Paqe 30, of the Public Records cf
Dads County. Florida. being mor~ particularly described as
follows:
South, Ranqe 42 East; thence run South 1"59'03" East, along the
Easterly line of said Section 3%, for 6S9.14 feet: thence .'-un
South 88°00'$7. West for 40.00 feet; thence run South 88o~6,03.
West for 1953.18 feet to the Point of Beginning; thence run South
1'33's7. £ast for 50.00 feet; thence z-~n Bouth 88'26'03- Went for
664.75 feet co a point of curvature; thence r~n Southwesterly,
alonq a circular curve to the left having for its elements a
central angle of 66a40,24. an~ a radius of 25.00 feet, for an arc
distance of 25.09 feet to a poi~'t of intersection with a circular
cur~e concave to the Northwest, said point 6f intersectinn
bearing South 6~"14'22. East from the center of said circular
cu~;e; thence run Northwesterly, along a circular cur~e to the
AND
A portion of ~ONN AC.~S, according to the Plat thereof, as
recorded in Plat Book ?6, a~ Page 30, of the Public Records of
Dads County, Florida, being more ~articularly describe4 as
follows{%
Beginning ~naring South 7~']2'11" East f~m ~hn cs~te~ of the
LESS
A PORTION OF THACTS A, B ;%ND C, DONN ACRES, ACCORDING ~
THE PLAT THEREOF, AS RECORDED IN Pr-~-T BOOK 76, AT PAGE
30, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO~ENCE AT THE NORTHEAST CORNER OF SECTION 34, TOW/qSHIP
51 SOUTH, RANGE 42 EI~ST; THENCE RUN SO[TH 01"59'03# F2%ST,
ALONG THE EASTERLY LINE OF SAID SECTION 34, FOR 659.14
FEET; THENCE RUN SOUTH 88"00'57' WEST FOR 40.00 FEET;
THENCE RUN SOUTH 01"59'03" EAST FOR 50.00 FEET; THENCE
RUN SOUTH~ 88026'03# WEST FOR 1953.55 FEET TO A POINT;
SAID ~OINT BEARING SOUTH 72"44'41' EAST FROM THE CENTI'~
OF THE NEXT DESCRIBED CURVE; THENCE RUN SOUTHWESTERLy,
'ALONG A CIRCULAR CURVE TO THE RIGHT F~AVING FOR ITS
ELEMENTS A CENTP, AL ANGLE OF 05"27'59" AND A RADIUS OF
4752.05 FEET, FOR AN ARC DISTA/4CE OF 453.38 FEET TO A
POINT OF TANGENCY; THENCE RUN SOUTH 22~43'18# WEST FOR
574.92 FEET; THENCE RUN SOUTH 88°12'28" WEST FOR 265.99
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SO[TH
88°I2'28# WEST FOR 634.70 FEET; THENCE RUN NORTH 2~37'40~
WEST FOR 25.00 FEET; THENCE RUN NORTH 88~12'28" EAST FOR
634.57 FEET; THENCE RUN .SOUTH 2~55'32" EAST FOR 25.00
FEET TO THE POINT OF BEGINNING; CONTAINING 0.36 ACRES,
MORE OR LESS.
Broward County
Dade County
Columbia Aventura
Hospital and Medical
Center
SUBJECT
PROPERTY
Aventura Lakes
EXHIBIT #2 [
ZONING § 33-151
wine is sold, given away or consumed on
the premises and where music or other
entertainment is permitted or provided for
the guests of said hotel or motel only, which
place of business is duly licensed as a
"cabaret", shall make no sales of such alco-
holic beverages except between the hours
of 8:00 a.m. and 3:00 a.m. on the following
day on weekdays and shall make no sale of
said alcoholic beverages on Sundays except
between the hours of 5:00 p.m. and 3:00
a.m. on the following Monday.
'~ (g) Restaurant~. Vendors holrll, ng a license from
the State beverage department for the sale
of alcoholic beverages for consumption on
the premises in restaurants, which are
restricted by the zoning regulations to mak-
ing such sales with the service of food only,
shall make no sales of such alcoholic bev-
erages on weekdays except between the
hours of 8:00 a.m. and 1:00 a.m. on the
following day, and shall make no sales of
beer on Sundays except between the hours
of 10:00 a.m. and 1:00 a.m. on the following
Monday; and shall make no sales of other
alcoholic beverages on Sundays except be-
tween the hours of 1:00 p.m. and 1:00 a.m.
on the following Monday. Sales of alcoholic
beverages for consumption offthe premises
shall not be permitted. Vendors in restau-
rants located in a proper business zone and
conforming to the zoning regulations per-
mitting unrestricted sales only during the
times permitted under subsection Ca) hereof.
~(h) Bars and cocktail lounges. Vendors having
a license from the State beverage depart-
ment for the sale of alcoholic beverages for
consumption on the premises in those bars
and cocktail lounges that are not restricted
by the zoning regulations to guests only, or
to service with food, or the like, shall make
no sales of such alcoholic beverages on
weekdays except between the hours of 8:00
a.m. and 1:00 a.m. of the following day; and
shall make no sales of beer on Sundays
except between the hours of 10:00 a.m. and
1:00 a.m. of the following Monday; and
shall make no sales of any other alcoholic
beverages on Sunday except between the
Supp. No. 16 5235
(i)
hours of 5:00 p.m. and 1:00 a.m. of the
following Monday; sales of beer for consump-
tion off the premises shall not be made on
weekdays except between the hours of 8:00
a.m. and 1:00 a.m. of the following day; and
shall not be made on Sundays except be-
twean the hours of 10:00 a.m. and 1:00 a.m.
of the following Monday. Sale of other alco-
holic beverages for consumption off the
premises shall not be made on weekdays
except between the hours of 8:00 a.m. and
10:00 p.m.; and shall not be made on Sun-
days.
Night clubs. For the purpose of this section,
the term "night club" is defined as any
place of business located within any build-
ing or establishmant under one (1) roof and
on one (1) floor, wherein entertainment or
music or both are regularly supplied, and
provid~no~ meals and refreshments pre-
pared on the premises, and having a seat-
ing capacity of not less than forty (40)
people at tables; having an aggregate fleer
space of not less than two thousand two
hundred (2,200) square feet; and providing
a dance floor containlno~ not less than three
hundred eight (303) square feet, such floor
space provided for dancing to be free from
chaire, tables or other obstructions at all
times. Upon written application to the Board
of County Commissioners and upon paying
of the Board of County Commissioners the
sum of five hundred dollars ($500.00), any
person holding a license under the State
beverage department for sale of alcoholic
beverages on the premises, and which place
of business so conducted by such vendor
classified as a night club, as above defined,
shall be issued a special permit to operate
as a night club. Such special permit shall
be paid for on or before the first of October
and shall expire the first of the succeeding
October; provided that any person begin-
nlng business after the first of Octeber may
obtain a special permit upon the payment
of the ~--ual fee of five hundred dollars
($500.00), and such permit shall expire on
the first of the succeeding October; pro-
vided further that any person beginning
such business on or al~er the first of April of
EXHIBIT #3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING SPECIAL
EXCEPTION APPROVAL FOR PROPERTY LOCATED ON
THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN
NE 210 STREET AND NE 213 STREET TO PERMIT A
SECOND COCKTAIL LOUNGE IN A RESTAURANT
WITHIN A SHOPPING CENTER WHERE ONE (1)
COCKTAIL LOUNGE WITHIN A RESTAURANT IS
ALLOWED IN A SHOPPING CENTER AND, WHICH
SECOND RESTAURANT IS LOCATED WITHIN 500 FEET
OF A PLACE OF WORSHIP; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura recognizes Resolution Z-86-95, passed and
adopted by the Board of County Commissioners on the 8th day of June, 1995; and
further modified by Resolution Z-189-95, passed and adopted by the Board of County
Commissioners on the 19th day of December, 1995; and further modified by Resolution
Z-29-96, passed and adopted by the Board of County Commissioners on the 8th day of
February, 1996; and an Amended Declaration of Restrictions as recorded in the Official
Records of Dade County at Book 17147, Page 0898 through 0918; and
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Aventura Commons Associates, Ltd. is requesting a
Special Exception to permit a second cocktail lounge in a restaurant within a shopping
center where one (1) cocktail lounge within a restaurant is allowed in a shopping center
and, which second restaurant is located within 500 feet of a place of worship for that
certain property east of Biscayne Boulevard between NE 210 Street and NE 213 Street
in Aventura, Florida as legally described on Exhibit A attached hereto; and
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
Resolution No.
Page 2
WHEREAS, the City Council has held a public hearing as provided by la~ and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-SE-97 for a Special Exception approval to permit
a second cocktail lounge in a restaurant within a shopping center where one (1)
cocktail lounge within a restaurant is allowed in a shopping center and, which second
restaurant is located within 500 feet of a place of worship on property legally described
as:
See Exhibit A for the legal description of the subject property
AKA
Aventura Commons, east side of Biscayne Boulevard
between NE 210 and NE 213 Streets
is hereby granted subject to each of the following conditions:
STANDARD CONDITIONS
1. Applicant shall submit the final building plans within 12 months of the date of this
Resolution or the special exception approval granted shall be deemed null and void
and the applicant shall be required to reinstate the special exception review process
unless the term is extended by the City Council prior to its expiration.
Resolution No.
Page 3
PROJECT SPECIFIC CONDITIONS
1. Applicant shall conform to all requirements per Article X. Alcoholic Beverages of the
Dade County Code, and more specifically Sec. 33-151(g) and Sec. 33-151(h). (See
Exhibit #3 for those requirements).
2. The bar shall not be advertised on any restaurant or shopping center signage,
unless the bar or lounge is part of a national or regional tenant's name.
3. Alcohol shall not be sold for off-premise consumption.
4. The bar shall not have its own separate entrance from the outside.
5. The outparcel's primary use shall remain a restaurant use.
6. The operating hours for the bar shall not extend beyond those for the restaurant.
Section 2. That in the approval of the Special Exception, the same be
substantially in accordance with that submitted for the hearing entitled "Specific
Purpose Survey - Liquor Survey," as prepared by Louis R. Campanile, Jr., P.E, P.L.S.,
signed and sealed dated 1/7/97.
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section4. This Resolution shall become effective immediately
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:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
upon its
who
, and
Resolution No.
Page 4
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of
,1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __ day of
,1997.
CITY CLERK
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Council ~ ~ent -~------
Eric M. Soroka, City Manager
Jaye M. Epstein, AICP, Director of Community D
June 25, 1997
Aventura Bay Townhomes Corporation request for three non-use
variances
July 1, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the three variances be granted.
THE REQUEST
The applicant, Aventura Bay Townhomes Corp., is requesting three non-use variances
associated with a site in order to construct 65 townhouse units in a RU-4, High Density
Apartment House District (see Exhibit #1 for letter of intent and applications).
The variances requested are as follows:
1. Non-use variance to permit individual garage units to apply as credit toward one (1)
of the two (2) off-street parking spaces required per townhouse unit;
2. Non-use variance to permit the garage portion of the structure to be set back less
than the required twenty (20) feet from the nearest edge of roadway pavement; and
3. Non-use variance to permit eight (8) feet of side yard between the end of a group of
townhouses and a public or private street, where fifteen (15) feet is required.
BACKGROUND
OWNER OF PROPERTY
LOCATION OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
EXISTING ZONING
FUTURE LAND USE DESIGNATION
Aventura Bay Townhomes Corporation
Southwest corner of NE 185 Street and NE 31
Avenue (see Exhibit #2 for Location Map)
Approximately 4.49 acres
Tract "B" of Atlas Terminal Apartments,
according to the plat thereof, as recorded in
Plat Book 147, at Page 67 of the Public
Records of Dade County, Florida.
RU-4, High Density Apartment House District
Medium-High Density Residential
Zoning- The subject property is zoned RU-4, High Density Apartment House
District, as is the property to the east. The properties to the north and west are zoned
IU-1, Industrial, Light Manufacturing District. The property to the south is zoned RU-4L,
Limited Apartment House District.
Existing Land Use - The subject property is currently unimproved. To the north
is NE 185 Street, followed by industrial buildings. To the east is NE 31 Street, followed
by Village by the Bay, a luxury rental apartment community. To the south lies Admirals
Port Townhomes. The property to the west is a parking lot for Admirals Port
Apartments.
Future Land Use - The subject property is currently designated Medium-High Density
Residential, up to 60 dwelling units per gross acre, according to the Adopted 2000 and
2010 Land Use Plan for Metro-Dade County, Florida, as are the properties to the north,
south, east, and west.
The Site- The subject site is approximately 4.49 acres and is located at the
southwest intersection of NE 185 Street and NE 31 Street (see Exhibit A for location
map).
Project Background- Dade County administratively approved a site plan for the
property in 1995 entitled Atlas Terminal Apartments. The site plan permits the
construction of 93 apartment units on the property and is still valid today. The applicant
wishes to supercede that plan with the proposed 65 unit cluster townhome
development. The development includes an entry guard house and will be enclosed by
a 6 feet high masonry wall.
The townhomes are clustered around tiled motor courts. Each townhome will include a
one (1) car garage and one (1) outside parking space. Non-use variances will permit
garage units to apply toward one of the two required parking spaces per townhome and
permit the garage to be set back less than the required twenty (20) feet from the
nearest edge of roadway pavement.
ANALYSIS
Consistency with Comprehensive Master Plan - The proposed development is not
inconsistent with the Dade County Comprehensive Master Plan.
Community Development Department Analysis - The Community Development
Department supports the approval of the three variances.
The criteria for approval of a non-use variance, as required by Dade County Code
Section 33-311(e)(2), requires;
... the non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general
welfare of the public, particularly as it affects the stability and appearance of the
community and provided that the non-use variance will be otherwise compatible
with the surrounding land uses and would not be detrimental to the community.
The non-use variance to permit individual garage units to apply as credit toward one (1)
of the two (2) off-street parking spaces maintains the basic intent of zoning regulations
to provide adequate parking. Each townhome will still have the required two (2) parking
spaces with the approval of the variance. Another point to consider is the appearance
of garage units verses carports. Carports are an option for the developer in that
carports can be applied outright toward required spaces. However, staff continues to
be concerned about the potential of residents converting garages into storage or living
space.
The non-use variance to permit a reduction in the garage setback will not adversely
affect the stability or appearance of the community. Basically, the variance permits
residents to park in a space provided along the side of the garage as opposed to at the
front of the garage.
The non-use variance to permit a reduction in the side yard setback will not adversely
affect the stability or appearance of the community. The setback is internal to the
development and will not impact the surrounding properties. The reduced space is to
be used to provide parallel guest parking.
The development is compatible with the surrounding residential land uses to the east,
west and south. Although a light industrial use exists on the property to the north, that
property is designated Medium-High Density Residential on the future land use map.
The applicant is proposing 14.5 units per net acre. However, maximum density for the
property is 50 dwelling units per net acre. The proposed project will supercede the
previously approved site plan which permits the applicant to construct 93 apartment
units.
Citizen Concerns
Admirals Port Townhomes, the residential community to the south of the proposed
project, has expressed concerns about the impact that the construction of the
townhomes will have on their property. In response, the applicant has cooperated with
Admirals Port Townhouses and agreed to comply with their reasonable requests. More
specifically, the applicant has agreed to the following:
1. The applicant has assured Admirals Port that construction will not take place on
weekdays between the hours of 6:00 p.m. and 7:00 a.m. and on Saturdays
between the hours of 5:00 p.m. and 8:00 a.m., consistent with the City's Noise
Ordinance.
2. The applicant has agreed to erect a 6 ft. wall along the property line contiguous
to Admirals Port Townhomes prior to any construction activity. Staff
recommends that the Council impose a condition on the variances that a 6 ft.
masonry or concrete wall be erected along the applicant's south property line
prior to the issuance of the first building permit.
Citizen Comments
Exhibit #3 includes written citizen comments which have been received by the
Community Development Department.
CONDITIONS
It is recommended that the request for the three variances be granted subject to the
following conditions.
STANDARD CONDITIONS
1. That a site plan be submitted to and meet with the approval of the Community
Development Director. That in the approval of the site plan, the same be
substantially in accordance with that entitled "Aventura Bay Townhomes Site Plan",
"Typical Building Elevations", and "Typical Building Plan" as prepared by Hector
Valdivia, Architect, dated stamped received June 26, 1997, and "Planting Plan" as
prepared by Albert R. Perez Associates, P. A, Landscape Architects, dated stamped
received June 11, 1997.
2. That the use be established and maintained in accordance with the approved plans.
3. Applicant shall obtain building permits within 12 months of the date that site plan
approval granted or the site plan granted shall be deemed null and void and the
applicant shall be required to reinstate the site plan review process unless the term
is extended by the City Council prior to its expiration.
4. Applicant shall commence utilization of the variance(s) granted within 12 months of
the date of this Resolution of the variance(s) granted shall be deemed null and void
unless the term is extended by the City Council prior to its expiration.
5. All development identification signage requires a separate permit prior to installation.
Site plan approval does not constitute sign approval.
6. A complete paving and drainage plan showing proposed and existing grading,
drainage details and calculations must be submitted to and approved by the City
Engineer prior to the issuance of a building permit.
7. All utilities, including, but not limited to, electrical and telephone must be located
underground.
8. This project must connect to the sanitary sewer system in a manner and location to
be approved by the public utility responsible for connection and service.
9. Drop curbs shall be provided at all points where pedestrian walkways intersect with
vehicular use areas and shall be properly striped across driveways and drive aisles.
10. Provide "Stop" signs and stop bars at any exiting driveways at the property line.
11.Only Type D or Type F continuous curbing is allowed. Curbing shall be back-filled
with clean fill. Extruded curbing is not permitted.
PROJECT SPECIFIC CONDITIONS
12. A 6 ft. masonry or concrete wall be erected along the south property line prior to the
issuance of the first building permit.
13. The perimeter wall be treated and maintained with anti-graffiti paint.
14. A covenant running with the land be proffered which precludes the conversion of
garage space to storage or living space, said covenant to be enforceable by the
City. The specific language shall be reviewed and approved by the City Attorney,
and recorded in the public records of Dade County prior to the issuance of the first
building permit. All costs to be born by the applicant.
15. Provide evidence that Metro-Dade Department of Environmental Resources
Management (DERM) finds no objection to the variances.
6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING A VARIANCE
FROM THE REQUIRED TWO (2) OFF-STREET PARKING
SPACES TO PERMIT GARAGES TO APPLY TOWARDS
ONE OF THE TWO REQUIRED SPACES; VARIANCE
FROM THE MINIMUM REQUIRED TWENTY (20) FEET
SETBACK FROM GARAGE TO NEAREST EDGE OF
ROADWAY PAVEMENT; AND VARIANCE FROM THE
MINIMUM FIFTEEN (15) FEET SETBACK FROM A
GROUP OF TOWNHOUSES TO A PUBLIC OR PRIVATE
STREET TO PERMIT THE CONSTRUCTION OF SIXTY-
FIVE (65) TOWNHOUSE UNITS FOR THE PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF NE 185
STREET AND NE 31 AVENUE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RU-4, High Density
Apartment House District; and
WHEREAS, the Aventura Bay Townhomes Corporation is requesting three non-
use variances pursuant to Chapter 33 of the Code of Ordinances of Metro-Dade County
as applicable pursuant to City Charter Section 8.03, and Ordinance 96-08 to permit a
sixty-five (65) unit townhouse development on the property subject property; and
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, the City Council has held a public hearing as provided by law; and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, to the extent the Application is granted herein.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1: Application No. 04-MA-97 for approval of three non-use variances to
permit a sixty-five unit townhouse development on property legally described as:
TRACT "B" OF ATLAS TERMINAL APARTMENTS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 147, AT PAGE 67 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
NK/A
SOUTHWEST CORNER OF NE 185 STREET AND NE 31
STREET, AVENTURA, FLORIDA
is hereby granted subject to each of the following conditions:
STANDARD CONDITIONS
That a site plan be submitted to and meet with the approval of the Community
Development Director. That in the approval of the site plan, the same be
substantially in accordance with that entitled "Aventura Bay Townhomes Site Plan",
"Typical Building Elevations", and "Typical Building Plan" as prepared by Hector
Valdivia, Architect, dated stamped received June 26, 1997, and "Planting Plan" as
prepared by Albert R. Perez Associates, P. A, Landscape Architects, dated stamped
received June 11, 1997.
2. That the use be established and maintained in accordance with the approved plans.
Applicant shall obtain building permits within 12 months of the date that site plan
approval is granted or the site plan shall be deemed null and void and the applicant
shall be required to reinstate the site plan review process unless the term is
extended by the City Council prior to its expiration.
Applicant shall commence utilization of the variance(s) granted within 12 months of
the date of this Resolution of the variance(s) granted shall be deemed null and void
unless the term is extended by the City Council prior to its expiration.
Resolution No.
Page 3
5. All development identification signage requires a separate permit prior to installation.
Site plan approval does not constitute sign approval.
6. A complete paving and drainage plan showing proposed and existing grading,
drainage details and calculations must be submitted to and approved by the City
Engineer prior to the issuance of a building permit.
7. All utilities, including, but not limited to, electrical and telephone must be located
underground.
8. This project must connect to the sanitary sewer system in a manner and location to
be approved by the public utility responsible for connection and service.
9. Drop curbs shall be provided at all points where pedestrian walkways intersect with
vehicular use areas and shall be properly striped across driveways and drive aisles.
10. Provide "Stop" signs and stop bars at any exiting driveways at the property line.
11.Only Type D or Type F continuous curbing is allowed. Curbing shall be back-filled
with clean fill. Extruded curbing is not permitted.
PROJECT SPECIFIC CONDITIONS
12: A 6 ft. masonry or concrete wall be erected along the south property line prior to the
issuance of the first building permit.
13. The perimeter wall be treated and maintained with anti-graffiti paint.
14. A covenant running with the land be proffered which precludes the conversion of
garage space to storage or living space, said covenant to be enforceable by the
City. The specific language shall be reviewed and approved by the City Attorney,
and recorded in the public records of Dade County prior to the issuance of the first
building permit. All costs to be born by the applicant.
15. Provide evidence that Metro-Dade Department of Environmental Resources
Management (DERM) finds no objection to the variances.
Resolution No.
Page 4
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of
,1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Resolution No.
Page 5
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __
day of
,1997.
CITY CLERK
JEFFREY BERCOW
BEN J. FERNANDEZ
J^NA K. McDONALD
MICHAEL E. RADELL
LAW OFI~ICES
BERCOW ~ RADELL
PROFESSIONAL ASSOCIATION
FIRST UNION FINANCIAL CENTER. SUITE 850
:=00 SOUTH BISCAYNE BOULEVARD
MIAMI. FLORIDA 33131
DIRECT LINE: (305) 377-6235
EXHIBIT #1
TELEPHONE (305) 374-5300
FAX (305) 377-62~2
June 19, 1997
VIA HAND DELIVERY
Mr. Jaye Epstein
Community Development Director
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
Re:
Aventura Bay Townhomes/Tract "B"
of Atlas Terminal Apartments, Plat Book 147, Page 67
Application for Non-use Variance
Dear Mr. Epstein:
This law finn represents Aventura Bay Townhouse, Corp. (the "Applicant") owner
of the captioned property (the "Property"). This letter shall serve as the Applicant's amended
letter of intent with respect to the captioned application. In addition to the previous request for a
non-use variance of the parking requirements applicable to the development, the Applicant also
requests the following non-use variances:
1. A non-use variance to permit the garage portion of each townhome to be setback less
than 20 feet from the nearest edge of roadway pavement.
2. A non-use variance to permit the minimum side yard setback betwecn the end ora
group of townhomes and a private street to be less than 15 feet.
The granting of the requested non-use variances would be compatible with the
surrounding land uses and would not be detrimental to the community. For the foregoing reasons,
the Applicant requests that this application be approved.
RECEIVED
JUN 2 3 1997
COMMUNITY BEVEI..O~MENT
Mr. Jaye Epstein
Page 2
June 19, 1997
For the foregoing reasons, the Applicant requests your favorable review and
consideration of this request. Should you have any questions or comments please do not hesitate to
contact me.
Sincerely,
Ben Fernandez
Enclosures
cc: David B. C. Martins
Carlos Cacciamani
Ms. Amy Skiles
Jeffrey Bercow, Esq.
BE:RCOW ~. PADELL
PLEASE
FOLIO
FURNISH
NUMBER
RECEIVED
JL/~ 1 ~ 1997
P. B. Pile No.
See. 3 T~p. 52 ~ge. 42
Dace: ZAB CC
TO B~ FZLLED OUT B~ APPLZCANT: (?leaae Print)
i. Naue of applicant (Property Ower
Swo~u-to-Couaec).
Aventura Bay Townhomes Corp.
LEGAL DESCILZFT/ON OF TI~ PROPERTY COVZZED BY THE APPLZCATION
a. If subdt~ldad, provlda lot. block, complete n~e of subdivision, plat
book and page number.
~lncludlng leCtlOn, township, and range).
c. sub~.~ a copy of a survey If property is odd-~haped (l' ~o 300'
scala),
see attached Exhibit 'A"
$1ze of property: ft. X ft. Acres 4.49
Dace subject property acquired ( ) or leased ( ) day of
so, 81ve complete legal description of entire contiguous property.
I~'TI~OPOL:TAN DAD£ COU~'I't'
PLEASE FURNISH
FOLIO NUMBER
Sec. 3 T~p. 52 a~e. 42
Date Received Stamp
PL~A3E ~ O~, PLANT L~GWaLy, ZN I~, ~ ~0~ ON
1. N~e of Applicant Aventura Bay Townhomes Corp.
a. if applicant ts owusr, live ---- exactly am recorded ou deed.
b. tf applicant ts lessee, attach copy of lease end Owner's
~ailieS A~dressc/o Bercow& Radell, P.A., 200 S. Biscayne'Blvd., Suite 850
Tel.~ (du~n~ wo~k~n~ h~rs) 374-5300
2. N~e of Proper=y ~ar Aventura Bay Townhomes Corp.
~allln8 Address
C~ State Zip
Tel. t (durtn~ rocking hours)
3. Contact Parson Ben Fernandez, Esq., Bercow& Radell, P.A.
Ha/ling Address 200 S. Biscayne Blvd., Suite 850
City Miami State Florida
Tel. ~ (durtns worktn8 hours) 377-6235
&. LEG~LDKSC~IFTION 0? THE PROPE~I~ COV~I~D BY TILE APPLICATION.
Zip33131
a. if subd/vtded, provide lot, block, complete name of oubd/vtsion, pla:
book and pass u~ber.
c. sub~t slx (6) copies of a surwey, If property ~s odd-shaped (I' ~o 300'
scale).
d. if amperage requests apply ~o dl~[eren= ~ram~, provlde ~ha legal
see attached Exhibit "A"
Address or location of subject property:
6. Size of property: ft. X
7. Dace subject proper:y acquired ( ~ or leased (
Does p~r~y o~8r
ccmple~e legal description of ent~t~ ~,F. Iguou~
No
Is t~re an option to p~c~ ( ) o~ l~se ( ) the subject pt~ge~ or pt~l~rty
contl~xm ~m~.o? ( ) 1~ or (x) no
If ym~, ~o are ~ l~can~-~ p~t~hmmerm or letup?
10. pl~e~ zoning classificaldofl(s) ~ ' aU-4
11. BI~q~ST COV~ tI~ER ~HIS
Pl~ c~k ~ ~ ~ ~ qt~ a ~lef ~l~ of ~ Mt~ of t~
~t ~ ~ ~ ~i~.
D~i~ ~ ~
~1 U~
~ V~I~
~ to'~it th, minimum sid, y~ s,tback ~e~ {h~n~ ~U~ ~f to~om~ a~d a private
~ to ~ less ~ 1~ f~ and non use v~an~ to ~it the ~a~e ~on or.ch to~bomc
s~c~ to ~ setback [~ss ~ 20 ~eet ~om thc n~st edge of roadway payment
12. ~s a ~1t~ ~ ~ ~ld ~ ~s p~ ~ ~ 1~ ~? No
~lutl~ ~
13. Is tMs ~ ~ ~t~ ~ a ~lt o~ a violation ~i~?
If ~, 9t~ ~ ~ ~ viola~ ~i~ ~ ~
Natu~ of violation
14. A~ there any exlstlN att'uctures on ~ ~,~l~.'ty?
()~s
09~N OR I~NAI~ AFFIDAVIT
Signature
Svorn to and subscribed to before me
this day of , 19 .
Notary Public
ATTEST:
this day of , 19
President's Signature (Corp. Seal)
Secretary's Signature
Notary Public
PARTNERSHIp AFFIDAVIT
By ~
this ---- day of , 19 __.
By ~
Commission Expires
ATTOI~£Y AFFIDAVIT
I, __ ,beln8 first duly svorn, depose and say cha~ I am
a State of Florida Attorney at Lay, and I am the Attorney for the O~fler of the
property described and which is the subject matter of the proposed hearing;
that all the answers to the questions in this application, and all sketch data
and other supplementary matter attached and made a part of this application
are honest and true to the the best of my knowledge and belief. I understand
this ap~l:::~i:z -.!~- ~o ~"'plet, and accu~a~q before a.heartqg can be
Fuhlic ~earing
I hereby acknowledge that ~ am aware that the Department of Environmental
Resources ~lanagement (DRRIt), the Public Works Depar~ent, end other County
agencies review zoning applications and proffer comments that my affect their
scheduling and outcome. These comments sometimes include requirements for an
additional public hearing before the Envfronmenta! ~ueltty Contro! Board, or
other County 8oards, and/or the prior preparation end execution of agreements
to run with the land which are recorded. In addition to these aeencies~
also understand that the South Florida Buildin~ Code me~ contain requirements
that a~ect my ability to obtain a building permit (Building and Zoning
Department lOth Floor) for my pro,ecl, even if my zoning application is
approved at public hearing. Contact with the above mentioned a~encies is
advised during the hearts8 process. Further, I underetand that the cases o¢
Hachado v, Hus~rove and NcCaw v. ~etropolftan Dede County my affect ~y public
hearing application. I acknowledge receipt of copies of these cases for ~,,
If the property which is the subject of =he application is owned
or leased by a CORPORATION, list the principal stockholders and
Uhe percentage of stock owned by each. [Note~ where the
principal officers or stockholders consist of another
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discl0ses
the identity of the individual{s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
Aventura Bay Townhomes Corp. CORPORATION NAME
NA~. ADDRESS. AND OFFZC~
David B.C. Martins, President
7541Brickell Ave., Apt. A-3801
Miami, Florida 33129
00%
If the
- p~oper~y which is the subject of the application is owned
or £easea by a TRUSTEE, list the beneficiaries of the trust and
the percentage of interest
beneficiary/beneficiaries consist ~Of each. [Note. where the
corporation(s), another
trust(a), par~nership(a) or other similar entities, further
disclosure shall be required.which dllgloses the identity of the
individual(s). (natural persona) having the ultimate ownership
interest in the aforementioned entity].
TRUST
Percentage of Int~re~
Page 3
If any con=ingency clause or contract terms involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
For any changes of ownership 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 interest shall be filed.
The above is a full disclosure of all par~ies of interest in this
and 'ef.
.pplicat£on to th. b. st of my knowl.dg-
(Applicant%avid B.C. Martins, PreSi~n~
Sworn to and subscribed before me,
this /O ,, day of 19 ~,~
Notary Public, State of ~lorida at Large
My Co~mission Expires~
* Disclosure shall not be required of any entity, the equity interests in
traded on an established securities market in t~
which are regularly ~ -~ ~-~tv. the ownerhip inuerests of
United States or other country.; or o~_~j~_~.~f.~=in~ of more than 5,0~
which are held in a limite~ partna=~-~F ....... holds than a
separat~ interests and where no one person or entity more
l, David B.C. Martins , b~lr~ duly ~, ~poee end say ~hat ! ~
' (off~ ~ld) of ~
Aventura Bay Towropes Corp.
PLEASE FURNISH
FOLIO NUMBER
RECEIVED
JUl1 ! 6 799?
P. E, Pile No,
Sec. 3 ~p. 52 Rge. 42
Dace: ZA~ CC
TO BE FILLED OUT BY APPLICANT: (Please Print)
1. N~e o£ applicant (Property O~er
Svor'~-to-Co~ent).
Aventura Bay Townhomes Corp.
or Lessee with 0~er's
scaie).
see attached Exhibit "A"
3. A~dress or locactou of subject property:
&, Size of property: ft. · ft. Acres 4.49
5. Date subject property acquired ( ) or leased ( ) day of
, 19 ~ Term of lea~e years/months.
6, Does property osrner owa contiguous property to the subject property?
No
METROPOLITAN DADE COLr~TY
PLEASE FURNISH
FOLIO NUMBER
Sec. 3 T~p. 52 R~e. 42
PLEASE TYPE OR p~TNTLE~XBLy, IN INK, ALL ~OR~ON ON A~PLXC, ATXON.
Aventura Bay Townhomes Corp.
Name of Applicant
a. if applicant is owner, give --~ exactly as recorded on deed.
b. if applicant is lessee, attach copy of lease and Owner's
Swo~n-to-Consent form.
c. if applicant is corporation, partnership, limited partnership, or
t~stee, a separate Disclosure of Interest foz'm must be completed.
Mailing AddressC/O Bercow & Radell, P.A., 200 S. Biscayne Blvd., Suite 850
City Miami State Florida Zip 33131
Tel.i (during working hours) 374-5300
2. Name of Proper=y Owner Aventura Bay Townhomes Corp.
City State Zip
Tel. ~ (during working hours)
3. Contact Person Ben Fernandez, Esq., Bercow & Radell, P.A.
Mailing Address 200 S. Biscayne Blvd., Suite 850
City Miami State Florida Zip33131
Tel. t (during working hours) 377-6235
4. LEGAL DESCR/PTION OF TILE PROPERT~ COVERED BY THE APPLICATION.
a. if subdivided, provide lot, block, comple:e name of subdivision, pla:
book and page n~mber.
b. if metes and bounds description, provide complete description, including
c. subm/t six (6) copies of a survey, if proper=y is odd-shaped (i" to 300'
scale).
d. if separate requests apply to different areas, provide the legal
see attached Exhibit "A"
5. Address or location of subject property:
6. Size of property: ft. X f:. Acres 4 49
7. Date subject property acquired < ) or leased ( ) day of --
, 19 ~ Term of lease years/months.
8. Does prDperty owner own contigous property to the subject prDper~y? If so, give
ccmplete legal description of entir~ contigu°us pl~pe_-ty.
No
Is ther~ an option to purchase ( ) or lease ( ) the subject p~ul~=rty or property
contiguous thereto? ( ) l~s or (x) no
If I~$, who ar~ the ~ential purchasers or lessees?
10. Present zoning classification(s): RU-4
11. REQt~-~T (/IvT~ED U~DER %/{IS APPLICATION:
Please c~k ~ a~riate ~x ~ gi~ a brief ~scri~ion of ~ ~t~ of the
~st ~ ~ ~ce ~i~.
Dis~ict ~ ~ (s):
Zo~ cl~sificatio~ ~es~
~ Use
Use V~i~e
o~ parking requlremenss aescribed in becu~n 33-~24(3)
k~ ~-Use V~i~et° accomodate parking garages for each unit
( ) S~ial E~ion
( ) ~fication of p~i~ ~solution/pl~
12. ~s a ~lic ~g ~n ~ld on t~s p~y ~ t~ l~t ~? No
If ~s, a~lic~t's ~
~te of ~g
~t~ of ~g
~ision of ~g
~solution ~
13. Is th/s hearing being l~quested am a r~sult of a violation notice?
( ) yes
If ~s, giv~ name to when violation notice was ser~d
Natur~ of violation
14. Are ther~ any existing structures on the property?
If y~s, briefly describe
( ) yes k~ no
15. Is ther~ any existing use on the property? ( )yes (x)no
If yes, what is the use and when was it established? Use
Established
OWNER OR TENANT AFFIDAVIT
I, , being first duly sworn, depose and say that I am
the~ow~er/tenant of the property de scribed and which iS the subject mm tier of
the proposed hearing; that all the answers to the questions in this
application, and all sketch data and other supplementary matter attached [o
and made a part of the application are honest and true to the best of my
knowledge and belief. I understand this application must be completed and
accurate before a hearing can be advertised.
Signature
Sworn to and subscribed to before me
this -- day of , 19
Notary Public
Commission Expires:
******************************************************************************
CORPORATION kFFIDAVIT
We, , being first duly sworn depose and say that we
are the President/Vice-Presdent, and Secretary/Asst. Secretary of the
aforesaid corporation, and as such, have been authorized by the corporation to
file this application for public hearing; that all answers to the questions in
said application and all sketches, data and other supplementary matter
attached to and made a part of this application are honest and true to the
best of our knowledge and belief; that sa id corporation is the owner/tenant of
the property described herein and which is the subject matter of the proposed
hearing. We understand this application must be complete and accurate before
a hearing can be advertised.
ATTEST:
Sworn to and subscribed to before me
this __ day of , 19
President's Signature (Corp. Seal)
Secretary's Signature
Notary Public
Commission Expires
PARTNERSHIP AFFIDAVIT
We, the undersigned, being first duly sworn depose and say that we are
partners of the herein after named partnership, and as such, have been
authorized to file this application for a public hearing; that all answers to
the questions in said application and all sketches, data, and other
supplementary matter attached to and made a part of this application are
honest and true to the best of our knowledge and belief; that said partnership
is the owner/tenant of the property described herein which is the subject
matter of the proposed hearing. We understand this application must b~
complete and accurate before a hearing can be advertised.
By Z
B> %
Sworn to and subscribed to before me
this ----- day of , 19
(Name of Partnership)
By %
By %
Notary Public
Commission Expires
ATTOPuNEy AFFIDAVIT
I, , being first duly sworn, depose and say thac I am
a State of Florida Attorney at Law, and i am the Attorney for the Owner of the
property described and which is :he subject matter of the proposed hearing;
that all the answers to the questions in this application, and all sketch data
and other supplementary matter attached and made a part of this application
are honest and true to the the best of my knowledge and belief. I understand
Sworn
Date:
Public Hearing No:
I hereby acknowledge that I am aware that the Department of Envdronmental
Resources Management (DERM), the Public Works Department, and other County
agencies review zoning applications and proffer comments that may affect their
scheduling and outcome. These comments sometimes include requirements for an
additional public hearing before the Environmental Quality Control Board, or
other County Boards, and/or the prior preparation and execution of agreements
to run with the land which are recorded. In addition to the~e agencies,
also understand that the South Florida Building Code may contain requirements
that affect my ability to obtain a building permit (Building and Zoning
Department l0th Floor) for my project, even if my zoning application is
approved at public hearing. Contact with the above mentioned agencies is
advised during the hearing process. Further, I understand that the cases oF
~iachado v. Musgrove and McGaw v. Metropolitan Dade County may affect my public
hearin~ application. I acknowtedg~ receipt of copies oF these cases for my
(Signature)
Page 3
If any contingency clause or contract tel~s involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
Po~ any changes of ownership 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 interest shall be filed.
all parties of interest in this
The above is a full disclosure of ~v~~~
application to the best of my knowledge an ' · ~
Signature :i . '~
(Applicant~avid B.C. Martins, Presid'~nt.
Sworn to and subscribed before me,
this /~ day of ~ -' 19~'2 ~
~otary public, State of ~lorlda at Large
* Disclosure shall not be required of any entity, ~he equity interests
n an established securities market in t~
which are regularly traded o ~ .... entity, the o~erhip interez~s~
United States or other c~u~t~; or~_~'~i~ consisting of more than D,uuu
which are held in a l~e~ par~n~= ~
separat~ interests and where no one person or entity holds more than
. ~ ~ .~ ~,n~.h~D interest in the limited partnership.
I, D.a.v.i.d B.C. ~artins , b~ d~ly ~WOk~, ~ a~d say ~t I ~
~ president
(off~ ~ld) of ~
Aventura Bay Townhomes Corp.
(~ of ~), ~ I ~ aff~ ~
offic~ ~ra~ ~ ~, ~ ~t ~t ~ ~ ~ ~ratlon ~ ~
If the property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Notes where the
principal officers or stockholders consist of another
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses
the identity of the individual.(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
Aventura Bay Townhomes Corp. CORPORATION NAME
NAME. ADDRESS. AND OFFICR
David B.C. Martins, President
1541Brickell Ave., Apt. A-3801
100%
Miami, Florida 33129
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), another
trust(s), partnership(s) or other similar entities, further
disclosure shall be required.which disgloses the identity of the
individual(s) (natural persons) having the ultimate ownership
interest in the aforementioned entity].
TRUST NAME
Percentaae of Interes%
N
tL
EXHIBIT #2
ISLAND
EXHIBIT #3 JUN 2 6 1997
_ ~~_..~ ~/_ ~_~_
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JUNE 3, 1997 6 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6 p.m. by
Mayor Arthur I. Snyder. Present ware Councilmembers Arthur Berger, Jay R.
Beskin, Ken Cohen, Harry Holzberg, Patdcia Rogers-Libert, Vice Mayor Jeffrey M.
Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M Smith,
and City Attorneys Stephen J. Helfman and Richard Jay Weiss. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Joyce Berger led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Mayor Snyder relinquished the chair to Vice Mayor Perlow. Mr. Helfman noted that
the following zoning hearings were quasi-judicial in nature and ex parte
communications made by Council were disclosed and appropriately filed in writing
with the City Clerk in accordance with Ordinance No. 96-09.
A. APPLICANT:
AVENTURA COMMONS, LTD.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING
SPECIAL EXCEPTION APPROVAL FOR
PROPERTY LOCATED ON THE EAST SIDE OF
BISCAYNE BOULEVARD BETWEEN NE 210
STREET AND NE 213 STREET TO PERMIT A
SECOND COCKTAIL LOUNGE IN A RESTAURANT
WITHIN A SHOPPING CENTER WHERE ONE (1)
COCKTAIL LOUNGE WITHIN A RESTAURANT IS
ALLOWED IN A SHOPPING CENTER AND, WHICH
SECOND RESTAURANT IS LOCATED WITHIN 500
FEET OF A PLACE OF WORSHIP; PROVIDING AN
EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. Jeffrey Bercow, Esq., 200 S.
Biscayne Boulevard, Miami, addressed Council and requested a deferral of this
application until July 1, 1997. There being no further speakers, the public hearing
was closed. A motion to defer this item until July 1, 1997 was offered by
Councilmember Rogers-Libert, seconded by Councilmember Berger and
unanimously passed.
B. APPLICANT:
TRAFALGAR ASSOCIATES OF AVENTURA, LTD.
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA; AMENDING A
PREVIOUSLY RECORDED DECLARATION OF
RESTRICTIVE COVENANTS, AS RECORDED IN
THE PUBLIC RECORDS OF DADE COUNTY
(beginning at O.R. 17128 P. 521), AMENDING
PREVIOUSLY APPROVED ZONING RESOLUTIONS
Z-86-95, AS APPROVED BY THE DADE COUNTY
COMMISSION; PROVIDING AN EFFECTIVE DATE.
Vice Mayor Perlow opened the public headng. All individuals wishing to testify
relative to this matter were sworn in by the City Clerk. The following individuals
addressed Council: Jeffrey Bercow, Esq., David Ettman, CCL Consultants, Enrique
Cuellar, Dade County Environmental Resources Management, Lionel Socolov, 3530
Mystic Point Drive; Richard Rosen, 3610 Yacht Club Drive; Shirley Silver, Biscaya 4;
Herman Wax, Waterview I; Sandra Wax, Waterview I; Ralph Zakar, 3600 Yacht Club
Drive; and Jaye Epstein, Community Development Director. There being no further
speakers, the public hearing was closed. A motion to amend the resolution to
provide for an amendment to the Declaration of Restrictive Covenants that the
conservation area shall not be filled, altered or developed without the City's approval
was offered by Councilmember Beskin, seconded by Councilmember Holzberg and
unanimously passed. A motion was offered by Councilmember Rogers-Libert and
seconded by Councilmember HoIzberg to approve the resolution as amended, with
the condition that if a recommendation of denial is provided by the Department of
Environmental Resources Management, the Resolution would be void. The motion
passed unanimously and Resolution No. 97-36 was adopted.
6. SPECIAL PRESENTATIONS:
Representative Sally Heyman addressed Council relative to funding sources for the
Police Department and specifically requested that Council enact an ordinance
relative to court costs revenue with funds to be utilized for training for the Police
Department.
Darlene French VVhite, on behalf of the Tobacco Free Florida Coalition, addressed
Council. She introduced members Dada Worley, Andy Cudihe, Dottle Powers,
2
Sylvia Hernandez, and Rita Zemlock. Ms. VVhite presented Council with a Plaque of
Appreciation, with special thanks to Councilmember Berger for his participation in
these efforts.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the May 20, 1997
Council meeting was offered by Councilmember Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCYADDITIONS: None
6. CONSENT AGENDA: A motion for approval was offered by Councilmember
Rogers-Libert, seconded by Councilmember Beskin and unanimously passed, thus
the following action was taken:
A. Resolution No. 97-37 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AWARDING A
CONTRACT FOR RFP NO. 97-3-5-2 FOR A
COMPREHENSIVE MUNICIPAL INFORMATION
SYSTEM TO H.T.E., INC.; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS
FOR SAID CONTRACT; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. Resolution No. 97-38 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ADJUSTING THE
1996197 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.
11. REPORTS:
CITY ATTORNEY:
3
A. PLANNING ADVISORY BOARD
Mr. Weiss advised Council that the following members of the Planning Advisory
Board had submitted resignations to the City Clerk: Leonard Brenner, Roy Cohen,
Jan Brooks, and $chelly Strauss. Board member Alvin Epstein addressed Council
and submitted his resignation. Mr. Soroka noted that Mrs. Nesbitt had submitted a
resignation conditioned upon the resignation of all other members of the Board. Irv
Schwartz spoke relative to this matter. Councilmember Cohen moved, and
Councilmember Beskin seconded, that Council accept the resignations of Roy
Cohen, Leonard Brenner, Jan Brooks, Schelly Strauss and Alvin Epstein and that if
the remaining Board members Marian Nesbitt and Harry Crook do not submit their
resignations prior to July 1, 1997, this matter will be placed on the July 1, 1997
Council agenda for further discussion. The motion passed unanimously.
Council recessed for five minutes. Mayor Snyder left the meeting at this time due to
illness.
FLORIDA DEPARTMENT OF TRANSPORTATION
PRESENTATION REGARDING NON-CONFORMING
USE CAUSED BY WIDENING OF BISCAYNE
BOULEVARD
Debra Herman, Esq. and Raul Perez, representatives of the Florida Department of
Transportation, addressed Council relative to the Biscayne Boulevard widening
project. Steve Pappas and Art Grossman spoke relative to this issue. It was the
consensus of Council to place this matter on a workshop meeting for further
discussion.
12. PUBLIC HEARINGS: ORDINAnCES-SECOND READING
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVFNTURA,
FLORIDA; ADOPTING ORDINANCE CONCERNING
ZONING PURSUANT TO SECTION 8.03 OF THE
CITY CHARTER, AMENDING METROPOLITAN
DADE COUNTY ZONING CODE AS APPLICABLE
TO CITY OF AVENTURA; PROVIDING FOR
PUBLIC HEARINGS AND NOTICE OF PUBLIC
HEARINGS; PROVIDING FOR REPEAL AND
REPLACEMENT OF SECTION 33-310 OF THE
METROPOLITAN DADE COUNTY ZONING CODE
CONCERNING PUBLIC HEARINGS;
SUBSTITUTING CITY COUNCIL AND
DESIGNATED CITY OFFICIALS FOR COUNTY
4
AGENCIES AND OFFICIALS, PROVIDING FOR
AUTHORITY FOR REVIEW OF PUBLIC HEARING
APPLICATIONS, ZONING VARIANCES, SPECIAL
EXCEPTIONS AND OTHER QUASI-JUDICIAL
ACTION WITHIN THE SCOPE OF CHAPTER 33
"ZONING" OF THE COUNTY CODE AS MADE
APPLICABLE TO THE CITY; PROVIDING FOR
REPEAL OF ZONING AND PLANNING
TRANSITIONAL ORDINANCE, DESIGNATED AS
ORDINANCE NO 96-08 UPON THE SAME
SUBJECT MATTER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SAVINGS
CLAUSE AND RATIFICATION OF PRIOR
ADMINISTRATIVE ACTION; PROVIDING FOR AN
EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. Jeff Bercow, Esq., and George
Berlin, 1940 NE 194th Drive, addressed Council. There being no further speakers,
the public hearing was closed. A motion for approval was offered by
Councilmember Beskin, seconded by Councilmember Cohen, unanimously passed
by roll call vote and Ordinance No. 97-15 was enacted.
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
Vice Mayor Perlow opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Rogers-
Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote
and Ordinance No. 97-16 was enacted.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ESTABLISHING
SIGN CODE REGULATIONS; PROVIDING FOR
PURPOSE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PROHIBITED SIGNS;
PROVIDING FOR REQUIRED SIGNS; PROVIDING
5
FOR SIGNS NOT REQUIRING A PERMIT;
PROVIDING FOR RESIDENTIAL DISTRICT
PERMANENT SIGNS; PROVIDING FOR NON-
RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR
TEMPORARY SIGNS; PROVIDING FOR
SUPPLEMENTAL REGULATIONS; PROVIDING
FOR SIGN PERMITS; PROVIDING FOR NON-
CONFORMING SIGNS; PROVIDING FOR SIGN
MAINTENANCE; PROVIDING FOR REMOVAL OF
IMPROPER SIGNS; PROVIDING FOR
REPLACEMENT OF SIGN CODE PROVISIONS
PROVIDED BY METROPOLITAN DADE COUNTY
CODE SECTIONS 33-82 TO 33-121.27; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. The following individuals addressed
Council relative to this ordinance: Dave Siegel, Promenade Shops; Dave Pappas,
property owner; Phil Ward, 2525 SW 3rd Avenue; Judith Burke, Esq., 201 Biscayne
Boulevard; Jeff Berkowitz, 2665 South Bayshore Drive; Jeff Bercow, Esq., Jerry
Knight, 1 E. Broward Blvd; Samuel Lewis, Esq, Romanick, et al; Robert Jordan,
Commodore Plaza; and Art Grossman. There being no further speakers, the public
hearing was closed. A motion to approve the ordinance as amended subsequent to
first reading was offered by Councilmember Beskin, and seconded by
Councilmember Cohen. Mr. Soroka advised Council of certain technical
amendments to be made to the proposed ordinance. An amendment to include the
technical/scrivener's changes was offered by Councilmember Rogers-Libert,
seconded by Councilmember Cohen and unanimously passed by roll cell vote. An
amendment was offered by Councilmember Rogers-Libert and seconded by Vice
Mayor Perlow to amend the amortization schedule to provide a 3 year amortization
for pole and pylon signs and 5 year amortization for wall signs. The motion failed, 2-
4, with Councilmember Rogers-Libert and Vice Mayor Perlow voting yes and
Councilmembers Cohen, Holzberg, Beskin and Berger voting no. An amendment to
Section 7.b. was offered by Councilmember Berger and seconded by
Councilmember Holzberg to provide as follows: 1 sq ft. for each I lineal ft. of Tenant
Frontage for each sign located within 300' from the public street on which the
building or Multi-tenant Center is located and 1.5 sq. ft. for each lineal ft. of Tenant
Frontage for each sign located more than 300' from the public street on which the
building or Multi-tenant Center is located. The amendment passed, 4-2, with
Councilmembers Berger, Holzberg, Rogers-Libert and Vice Mayor Perlow voting yes
and Councilmembers Cohen and Beskin voting no. An amendment was offered by
Councilmember Rogers-Libert, seconded by Councilmember Cohen and
unanimously passed by roll call vote that if, because of governmental action, a sign
that is otherwise nonconforming has to be relocated, it would be amortized
6
according to the schedule for its original location. An amendment was offered by
Councilmember Beskin, seconded by Councilmember Rogers-Libert and
unanimously passed that Section 8.b. include at the end of the length of display in
non-residential districts "or in the case of property for lease - within 5 days after all
property is leased." An amendment was offered by Councilmember Perlow and
seconded by Councilmember Beskin to remove specifics as to all letter heights
except those pertaining to awnings. The motion passed, 4-2, with Councilmembers
Beskin, Cohen, Berger and Vice Mayor Perlow voting yes and Councilmembers
Rogers-Libert and Holzberg voting no. The motion for approval was unanimously
passed by roll call vote and Ordinance No. 97-17 was enacted.
6. RESOLUTIONS: None
7. OTHER BUSlNESS: None
8. REPORTS:
CITY ATTORNEY:
B. AUTHORITY TO PROHIBIT OR REGULATE LIVE-ABOARD VESSELS
Donald Brody, Williams Island, addressed Council as to this matter. After
discussion, the City Attorney was directed to provide further information to Council
prior to drafting legislation regulating live-aboard vessels.
9. PUBLIC COMMENTS: The following members of the public addressed Council:
Donald Brody, (provide signage on E. Dixie Highway); and Robert Jordan.
Mr. Soroka announced that a public hearing to address the proposed Capital
Improvement Project has been scheduled for June 24, 1997 at 7 p.m.
10. ADJOURNMENT: There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 10:45 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision m sde by the City Council with respect to any matter considered at a
meeting or heering will need a record of the proceedings and, for such purpose, may need to ensurethat a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
7
MINUTES
CITY COUNCIL MEETING
CiTY OF AVENTURA, FLORIDA
TUESDAY, JUNE 25, 1997 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7 p.m. by
Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Jay R.
Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M.
Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith,
and City Attorney Richard Jay Weiss. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Marian Nesbitt led the pledge of allegiance.
3. RESOLUTIONS:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT WITH METROPOLITAN DADE COUNTY
RELATIVE TO THE PAYMENT TO THE CITY OF
FRANCHISE FEES RECEIVED BY METROPOLITAN
DADE COUNTY FROM FLORIDA POWER & LIGHT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert and seconded by
Councilmember Holzberg. The motion passed unanimously and Resolution No. 97-39
was adopted.
4. PUBLIC HEARING:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING
IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND
AUTHORIZATION, THE CITY OF AVENTURA CAPITAL
IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL
YEAR 1997/98 TO 2001/02; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert and seconded by
Councilmember Holzberg. Mayor Snyder opened the public hearing. The following
individuals spoke in favor of this matter: Leonard Brenner, 19355 Country Club Drive;
Irv Schwartz, Turnberry Towers; Lionel Socolov, 3530 Mystic Point Drive; Harry Crook,
Commodore Plaza; George Feffer, Admirals Port; Donald Brody, Williams Island;
Marian Nesbitt, 20185 E. Country Club Drive; Ruby Steiner; 20301 W. Country Club
Drive; William Heiberger, 20379 W. Country Club Drive; Bob Diamond, 3000 Island
Boulevard; Leonard Geller, Commodore Plaza; and Paul Libert, 21155 Helmsman
Drive. There being no further speakers, the public hearing was closed. The motion
passed unanimously and Resolution No. 97-40 was adopted.
5. ORDINANCE - FIRST READING
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A STORMWATER UTILITY
SYSTEM FOR THE CITY; PROVIDING FOR DEFINITIONS;
MAKING CERTAIN FINDINGS AND DETERMINATIONS;
ESTABLISHING A STORMWATER UTILITY FEE;
ESTABLISHING A METHOD AND PROCEDURE FOR THE
COLLECTION OF STORMWATER UTILITY FEES;
DIRECTING THE CITY MANAGER TO MAINTAIN
CERTAIN RECORDS; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert, seconded by
Councilmember Berger and unanimously passed by roll call vote.
June Stevens, 20412 NE Del Vista Court, addressed Council (agenda distribution).
2
ADJOURNMENT: There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 8:00 p.m.
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 matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
City Council
,,
Eric M Soroka, Ci~.
June 26, 1997
lr
Resolution Authorizing Execution of Interlocal Agreement with Dade
County Relative to Improving Compatibility along Common
Boundaries
July 1, 1997 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council approve the attached Interlocal Agreement with
Dade County in order to protect the City's boundaries with unincorporated Dade
County.
Backqround
On May 6, 1997, the Dade County Commission approved Resolution 473-97 (copy
attached). This Resolution provides an opportunity for municipalities to work
cooperatively with the County to foster and enhance compatibility along common
boundaries. The program's goal is to issue recommendations modifying zoning
regulations that would make boundaries between cities more compatible and consistent
to promote higher standards. Based upon the concerns expressed by the City Council
regarding signage, landscaping and other zoning deficiencies along our western
boundary with unincorporated Dade County, this would be a perfect opportunity to
address these concerns. At this time, only three (3) cities are being asked to
participate in this exercise: Aventura, Coral Gables and Miami Shores.
Along our shared boundaries with the unincorporated area, we anticipate this work to
focus upon landscaping, signage and code enforcement, particularly along the FEC
Railroad right-of-way.
If you have any questions, please feel free to contact me.
EMS/tms
Attachments
CCO317-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT WITH METROPOLITAN DADE COUNTY
RELATIVE TO THE IMPLEMENTATION OF A PROGRAM
TO FOSTER COMPATIBLE BOUNDARIES BETWEEN
MUNICIPALITIES AND UNINCORPORATED AREAS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Interlocal Agreement with Metropolitan Dade County relative to the implementation of a
program to foster compatible boundaries between municipalities and unincorporated
areas.
Section 2. The City Manager is hereby authorized to do ali things necessary to
carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
. who moved its
, and upon being put to
a vote, the vote was as follows:
Councilmember Arthur Berger
Resolution No. 97-
Page 2
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1'* day of July, 1997.
Al-rEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Approved
Veto
Override
Agenda Item Nc.
5-6-97
RESOLUTION NO. 473-97
RESOLUTION DIRECTING THE COUNTY MANAGER TO
FORMULATE AND IMPLEMENT A PROGRAM TO FOSTER
COMPATIBLE BOUNDARIES BETWEEN MUNICIPALITIES AND
THE UNINCORPORATED AREA, INCLUDING AS APPROPRIATE
INTERLOCAL AGREEMENTS AND APPLICATIONS TO AMEND
COMPREHENSIVE DEVELOPMENT PLANS
WHEREAS, the Dade County Comprehensive Development Master
Plan (CDMP), Intergovernmental Coordination Element, calls for
the coordination of planning, development and impact assessment
among governmental entities within Dade County's area of concern; and
WHEREAS, with increasing urbanization in Dade County, the
problem of incompatible uses of lands situated on the boundaries
between municipal and unincorporated areas has become a
significant issue in coordination among governmental entities; and
WHEREAS, this Board desires to foster and enhance compatible
boundaries in order to promote the highest standards of public
safety, health, welfare and aesthetics throughout all of Dade
County; and
WHEREAS, among the most important means of fostering
compatible boundaries is the adoption by municipalities and Dade
County of appropriate and consistent zoning regulations governing
lands situated on the boundaries;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA:
Section 1. The County Manager is hereby directed to
formulate and implement a program to bring about changes to
Page Ne. 2
municipal and Dade County zoning regulations that will make the
boundaries between municipalities and the unincorporated area
more compatible and consistent so as to promote higher standards.
The County Manager is directed at the outset to identify the
three to five municipalities in Dade County that are most
willing, able and appropriate to participate in such a program,
and, subject to this Board's approval, to negotiate with those
municipalities appropriate interlocal agreements to study and
recommend modifications to zoning regulations to foster greater
compatibility and consistency at municipal/unincorporated
boundaries. On or before June 17, 1997', the County Manager is
directed to report to this Board regarding the identitY of the
participating municipalities and the progress of negotiations.
Section 2. After interlocal agreements are reached with
at least three municipalities, the County Manager is directed to
approach the remaining municipalities in Dade County that share a
boundary with the unincorporated area, and, subject to this
Board's approval, to negotiate similar interlocal agreements
regarding compatible boundaries. .In September 1997, the
County Manager is directed to report to this Board on the
progress of such negotiations.
~. The County Manager is further directed to
direct the Director of the Department of Planning, Development
and Regulation to file any appropriate applications to amend the
CDMP or appropriate municipalities' local comprehensive plans,
and to negotiate agreements as appropriate under Chapter 163,
Amended
Aqenda Item Nc.
Page No. 3
Part II, Florida Statutes (Local Government Comprehensive
Planning and Land Development Regulation Act), to address the
issue of compatible and consistent boundaries.
The foregoing resolution was sponsored by Commissioner Jimmy
L. Morales and Commissioner Pedro Reboredo offered by
Commissioner
J~m~y Morales
, who moved its adoption. The
motion was seconded by Commissioner <~en Margolis
and upon being put to a vote,
Dr. Miriam Alonso aye
Dr. Barbara M. Careyaye
Betty T. Ferguson aye
Gwen Margolis aye
Jimmy Morales
Pedro Reboredo absent
The
the vote was as follows:
James Burke absent
Miguel Diaz de la Portilla Dye
Bruce Kaplan abs_~t
Natacha seijas Millan aye
Dennis C. Moss aye
Katy Sorenson aye
Javier D. Souto
Chairperson thereupon'declared'the resolution duly
passed and adopted this 6th day of May, 1997. This resolution
shall become effective ten (10) days after the date of its
adoption unless vetoed by ~he Mayor, and if vetoed, shall become
effective only upon an override by this Board.
DADE COUNTY, FLORIDA
by County Attorney/~o
Approvedform and legal sufficiency~.~
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
Deputy Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I, HARVEY RUVIN, Clerk of the Circuit Court in and for Dade County,
Florida, and Ex-Officio Clerk o¢ the Board of County C~mHssioners of said
County, DO FER~BYCERTIFY that the above and foregoing is a true and correct
co~3y of Resolution No. E-473-97 , adopted by the said board
of County C~mHssioners at Its meeting held on
this
IN WlTNF_SS~t{~REt3ff, I have hereunto set my hand and official seal on
16Lb day of ~[ay , A.D. 19 97
~ RUVlN, Clerk
Board of County CumHssioners
D~de County, F I or/~ ///~
SF.~.
Board of County caam~J ss Joners
D~de County, Florida
CLK/CT 587 3/93
INTERLOCAL AGREEMENT
This is an interlocal agreement between Metropolitan Dade County, a
political subdivision of the State of Florida (the "County") and the City of
Aventura, a municipal corporation of the State of Florida (the "City"), entered this _
__ day of ,1997 (the or this "Agreement").
RECITALS
WHEREAS, on May 6, 1997, the Board of County Commissioners
adopted Resolution No. 473-97 directing the County Manager to formulate and
implement a program to foster compatible boundaries between municipalities and
the unincorporated area, including as appropriate interlocal agreements and
applications to amend comprehensive development plans.
WHEREAS, the City and the County want to enter into this agreement to:
(1) formulate and implement a program to bring about changes to municipal and
Dade County land use patterns and regulations that will make the boundaries
between municipalities and the unincorporated area compatible and consistent
so as to promote higher standards, (2) formulate and implement a program to
bring about changes to municipal and Dade County zoning patterns and
regulations that will make the boundaries between municipal and Dade County
zoning patterns and regulations that will make the boundaries between
municipalities and the unincorporated area compatible and consistent so as to
promote highter standards, and (3) establish a process whereby the City and the
County can identify and address issues of mutual interest relating to municipal
boundaries, which may include but not be limited to, landscaping, signage and
code enforcement.
NOW, THEREFORE, in consideration of the mutual promises and benefits
contained in this Agreement, and intending to be legally bound hereby, the
County and the City agree as follows:
I. Land Use
The City and the County, through their respective managers or
professional planning directors, shall coordinate all future land use designations
on properties abutting and adjacent to the boundary between their jurisdictions.
The parties agree that each will provide notice of all proposed comprehensive
plan amendments on property abutting this boundary promptly upon the filing of
each such application, together with timely notice of applicable public hearing
schedules.
The parties further agree to jointly review and analyze areas of
incompatibility and when appropriate, initiate specific land use plan and/or land
development regulation changes to implement the desired changes within their
respective jurisdictions.
II. ZONING
The City and the County, through their respective managers or
professional planning directors, shall coordinate all future zoning regulations
applicable to, and all zoning designations on, properties abutting and adjacent to
the boundary between their jurisdictions. The parties agree that each will provide
notice of all proposed zoning regulation and designation changes on property
abutting this boundary promptly upon the filing of each application to change
such a regulation, together with timely notice of applicable public hearing
schedules.
The parties further agree to jointly review and analyze areas of
incompatibility and when appropriate, initiate specific land use plan and/or land
development regulation changes to implement the desired changes within their
respective jurisdictions.
III. OTHER MUNICIPAL BOUNDARY ISSUES
The managers or planning directors of the City and the County agree to
meet periodically, but no less than quarterly, to identify issues of mutual interest
relating to their common boundaries. These issues may include but not be
limited to, landscaping, signage and code enforcement. The managers or
directors may establish committees to address specific issues of compatibility.
The composition of these committees may be altered on an ad hoc basis to
incorporate appropriate City or County staff which have responsibility over or
knowledge of the specific area(s) being considered by the committees. These
committees shall have the power to conduct public meetings to obtain public
input on issues of mutual interest pertaining to municipal boundaries, in addition,
these committees shall have access to all staff and reports from the participating
governmental agencies. These committees shall each prepare a joint report or
reports containing specific recommendations to address the issues of mutual
interest identified through this process. These committees shall be advisory to
the managers or directors.
IV. EFFECTIVE DATE
The effective date of this Agreement shall be the later of the dates on
which this Agreement is approved by the Board of County Commissioners, Dade
County, Florida, or governing board or commission of the City. This Agreement
shall remain in effect until cancelled in accordance with the cancellation
provisions contained herein.
V. CANCELLATION OF AGREEMENT
Either party may cancel this Agreement upon 10 days' written notice to the
other party requesting cancellation of the Agreement.
VI. AMENDMENTS
This Agreement may be modified only by an agreement in writing
approved by the governing board or commission of the City and the Board of
County Commissioners of Dade County, Florida.
VII. LAW
This Agreement shall be construed in accordance with the laws of the
State of Florida. The venue for any lawsuit arising out of this Agreement shall be
Dade County, Florida.
VIII. SEVERABILITY
Should any provision, paragraph, sentence, word or phrase contained in
this Agreement be determined by a court of compgtent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida, such
provision, paragraph, sentence, word or phase shall be deemed modified to the
extent necessary to conform with such laws, then same shall be deemed
4
severable, and in this Agreement, shall remain unmodified and in full force and in
full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and affixed their
respective seals the day and year first written above.
ATTEST:
Harvey Ruvin, Clerk
By:.
METROPOLITAN DADE COUNTY,
A political subdivision of the State of
Florida by its Board of County
Commissioners
By:
CITY OF AVENTURA
By:
Eric M. Soroka, City Manager
Attest:
Teresa M. Smith, CMC, City Clerk
Approved as to Legal Sufficiency:
By:.
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka,~fty.~
June 26, 1997 ~.
Resolution Authorizing Executioll of Quit Claims Deed to Transfer
Right-Of-Way to FDOT
July 1, 1997 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council authorize the execution of Quit-Claim Deeds to
transfer several public streets and alleys, as well as two lots to FDOT for the
construction of Biscayne Boulevard Improvements Phase 7. A copy of the two maps
showing the areas is enclosed.
Backqround
FDOT has requested that the City convey several public streets and alleys, as well as
two lots for the construction of the Biscayne Boulevard Improvements Phase 7. These
areas were transferred to the City by the County under the provision of the Intedoccal
Agreement.
Based upon a review of the properties by City Staff, we have determined that they are
not needed for City purposes.
If you have any questions, please feel free to contact me.
EMS/tms
CC0316-97
Attachment
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED QUIT CLAIM
DEEDS TO TRANSFER CERTAIN PUBLIC STREETS AND
ALLEYS AND T~NO PARCELS OF LAND TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE CONSTRUCTION OF
BISCAYNE BOULEVARD IMPROVEMENTS PHASE 7;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Quit-Claim Deeds to transfer certain public streets and alleys and two parcels of land to
the Florida Department of Transportation in connection with the construction of
Biscayne Boulevard Improvements Phase 7.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
., who moved its
, and upon being put to a vote,
the vote was as follows:
Resolution No. 97-__
Page 2
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1't day of July, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
FROM DOT 305-470-5450 (WED)06.25' 97 13:42 /~T, I3:d/NO, 3360270-~B5 P. 2
04-QCD-O2/03-BSD.O5
This instrument prepared by,
or Loader!the direction of,
D. Michael Schloss, Esq.
District General Counsel
State of~Florlda
Depar%ment o£ Transportation ~arcel No. :119.1R(06-24-97)
1000 N.W~ lllth A=enue Project No.:87030-2534
Miami, F~orida _33172.N~ W.P.I. No. :611401?
i~Dril 211 1997
PARCEL 139 PBOJECT 87030-2534
A ~rtioA of East Dixie Highway, Northeast 204 Street, Northeast
205 Street, adjacent to Blocks 3, 4 and 7, of ~K%LLJ%N~AL~ PAB/~ NO.
8, ac=om~ing to the plat thereof as recorded in Plat ~oek 20, at
Page 49, i of the ~blic ~ecords ~£ Dade County, Florida, in the
$outhwes% on,-quarter (S.W.1/4) of Section 34, Township 51 South,
Rang= 42 East and being more particularly described as follows:
BEGIN at the Southwest corner o~ said Lot 8, Block 4; thence along
th~ North Right-of-Way line of Northeast 204 Street (N.B. 204 St.)
also being the South li~e o~ said Lot 8, Block 4, No=th 87"47'0~"
East a distance of 18.615 meters [61.07 feet) to a point of
a radiusi of 7.620 meters (25.00 feet); thence run Northeasterly
along th~ arc of said circular curve to the left tkuroRgh a central
angle o~ 65"~4'$9# for a distance Of 8.700 meters (25.54 feet);
thenc~ SQuthwmsterly along the extension of the extended West
Right-of~Way line of Bisca~%s Boulevard (state Road No. S), South
22'22'04"i West a distance of 40.222 meters (131.96 feet} %o a point
having a radius of 7.620 meters (25.00 feet); thence z~an
Northwesterly along the arc of said cirCUlar curve to thm left
through ~ central angle of 114°35'01" for a distance of 15.239
meters (50.00 feet); t/le/~ce along fh~ South B/ght-ofr~ay line of
the North line of Lots 1 and 2, Block 3, of said F~tLI~DALE p~tK
NO. 8, ~outh 87°47'03" west a distance of 26.676 ~ters (87.52
feet} toi a point of c~rvature of · circular curve concave to the
Southeas~ and hav//lg a radius of 7.620 meters (15.00 feet); thence
r~n Seuthwe~terly along the arc of said circular curve to the left
through a central angle of 89"$4'~4" for a dista/%ce of 11.957
meters (~9.23 feat); thence along the East Bight-of-Way line of
East Dixie Highway al~o ~ing th~ W~st line of LOts 2 through 6, of
said Block 3, South 02"07'21" ~ast a d~$tance of 67.561 me,ers
(221.66 feet}; thenc~ along the Proposed Limited Access Easement
1 of 6
FP, O~( FDOT 205-470-5450 (~D)06.25' 97 13:42 /ST. ',3:41/NO. 93602L,-38~ ?. 3
thence North 87'52'39" East a distance o~ 20.117 meters (66_00
feet)/ thence along the a~orementioned East Right-of-Way line of
East Dixie Highway also being ~he West line of Lots 14 through 21,
The al~e~ ways within Block 4, of HALL~/4DALE p~AK NO. 8, according
to the plat thereof as recorded in Plat Book 20, at Page 49, of the
Public R~cord~ of Dade County, Florida, in the Southwes~ one-
quarter (S.W.1/4) of Section 34, ToWn~hip 51 South, Range 42 East,
and being more particularly described as follows:
BEGIN at Ithe Southwest corne£ of Lot 8, of said Block 4; thence
South 87~7'03" ~est a distance o~ 1.829 meters [6.00 feet); thence
along =h~ Eas% line of Lot~ 9 ~hrough 16, of said Block 4, North
01°55'07~ Wes~ a distancm of 64.542 meters (211.75 feet); thence
North 87"~5'26" East a distanc~ of 1.829 mmt~rs (6.00 re=t); thence
along ~he West line of Lot 17, of ~a~d Block ~, South 01~55'07"
East a ~stance of 37.~64 mekers (122.26 ~eet); thence along the
East linel of said LO~ 17, North 22"22'04" East a distance of 40,987
meters (134.47 feet); thence North 87'45'26" East a distance of
~.011 me'ers (6.60 feet); thence along the West line of Lots 1
2 o£6
FRO~ ?DOT 905-~70-5~50 (~ED)06.25'97 13:4~ /ST. i3:~I/ ' 7n-~n= ~
TM alley ways within Bl~k 7, of F~J~LANDALE p~RK NO. B, according
~d being ~re particularly describmd as follows:
BEGIN at ~e Southsast =~ner o~ Lo~ 1~, of ~aid Bl~ck 7; thence
dist~ce~ Of 31.860 meters (~04~53 feet); thence along the South
line of ~ots 22 ~ough 27, of ~aid ~lock 7, Nor~ 87'45'28" East
J. Edgar ~/0a/17/97
IN WITNESS W~REOF, the said ~rantor has caused these presents
to be executed in its n~me by itsCit¥ MaBaKe~ a~d ~ts seal to be
affixed, attested by its City Clerk, ~e oa~ zirst above written.
ATTEST: The City of Av~nturm
By:
I~s City Clerk
ItS City Manager
3 of 6
305-470-5450 (~D)06,25'97 13:a4 /8T. 13:41/~0.3360270-38§ P, 5
STATE 0F! FLORIDA
COUNTY 0~ DAmE
Ihe: foregoing in~trum~n~ was acknowledged before me this
~ay of , , 199. , by .
~ayor, who is personally kno~ to me or who has produced
i as identification, and who did (did not)
take an ~ath.
County and State last aforesaid.
Serial No., if any:
F~OM FDOT 305-47Q-5450 (~ED)05.25' 97 13:45 /ST, 13:4!/NO, M36027~-ZB5 L 6
03-BSD.06
This instrument prepared by,
or unde=]the direction of,
D. Michael Schloss, Esq.
D$mtricti General co%hnsel
State ofiFlorida
Department of Transportation
1000 N.W~ lllth Avenue
Mi~i, Florida 33172
April 21~ 1997- N~
Parcel No. :119.1
Project
W.P.I. No. :6114017
~g $O LU T X ON
ON ~OTION of Commissioner ,
the following Re~olution was adopted:
m70~O-25~4, in Dada County, Florida: and
W~E~TJuS, the State of Florida Department of Transportatio~ has
made application to said City to execute and deliver to the State
of Florida Department of Transportation a deed, or deeds, in ~avor
dUIy considered.
NoW T~ER~FORE, BE IT RESOLVED by the Board of City
Co~m/ssioners of Cit~F of Aventura, Florida, that the application of
the State of Florida Department of Transportation for a deed, or
deeds, is for transportation purposes which ar~ in the p%~01~¢ or
co~unity interest and fo= p~Iic welfare and =he land needed for
transportation pu~o~s is no~ ~eeded for City pu~oses; that a
dee~, o~ deeds, in favor of th~ state of Florida Department of
Transportation co~veying all right, ~itle and interest o~ =i~ ~f
A~ntura~ Florida, in and to said lands Ehould be dra~ ~a
ex~cuted by ~hi~ Board of city co~issloner~- Consideration shall
be $
' BE ~IT ~T~R RESOLED that a certified copy of this
R=~ol~tion be fo~ar~ed forthwith to t~e State of Florida
I ~BY CERTi~ ~at the foregoing is a true copy of a
Resoluti6n adopted by ~he Board of City Co~issioner~ o~ Cit~ of
Av~tu~i Florida, at a meetin~ held on the day of --
50£'6
FRO~ FDOT 305-47g-545~ (WED)06,25' 97 ~3 45 /~T, [3;41/NO, 3360270-385 P, 7
Clerk, ~oard of City
Florida
6 of 6
FROM DOT 305-470-5450 (WED)06.25' 97 13:45 /8T.]3:41/N0,3360270-385 P. 8
04-QCD-02/03-BSD.0$
This inst~,/ment prepared b~,
District G~eral Counsel
Apzil 21i 1997 - NE
Parcel No. :120.1~ (06-24-97)
Project No.:87030-2S34
W.P.I. No. :6114017
THIS QUITCLP~IM DEED, Made this __ day of 199__,
by the CITY OP AYENT~3~A , a municipality of the State of Florida,
grantor,! ~0 the STATE OF FLORID2% DEPART~NT OF T~ORTATION,
include all uhe parties to this instr~ent ~d the heirs, legal
WIT~r£SSETH: That the said grantor, for and in consideration
of the s%~% of $1.00 and other valuable considerations, receipt and
sufflclehcy being hereby acknowledged, d~es hereby remise, release
and quitclaim unto the &aid grantee forever, all right, title,
interest~ cla~/~ an~ d~mand, which said grantor has in and to the
hereinaf%er described ~arcel of land arising out of that certain
~I~TK~J~CAL~E~NT al~by the ~ar~ of County Ce~ ~&on~
PROJECT 87030-2534
· .%1 of Lots 15 amd 16, Block 1, HALLANDA~E PAP/f NO. 8, according to
%he pl~t thereo~ as r~corded in Plat Book 20, at Page 49, of the
Public Kecords of Dade Country, Florida, in the Southwest one-
quarter ~S.W.1/4) of Section 34, Township 51 South, Range 42 ~ast.
Containi%g 571,5 ~qumr~ meters (6,152 s~fuare feet), more or less.
Edgar 1102/17/97
K~mley Hor~ & ~sociates
TOGETHER with all tenements, heredita~ents an~ appurtenances
thereto belonging or in anywise appertaining.
TO HAVE ~ TO HOLD, the same in fee sim~ie forever.
F~OM FDOT 305-47C-5450 (I~P)05, 25' 97 ~3:40 /ST. !3:41/NO. 3360270-Z85 P. ~
IN WITNESS W~{ER~OF, the said grantor hms caused these presents
to be ex~cUted in its nme by its City Manager and its seal to be hereto
affixed, !attested by its City C].(,rk, the date firs~ above written.
ATTKST . The City Of Aventura
Its City Manager
STATE OF ~LORIDA
COL~Ty OF DADE
The: foregoing instrntment was acknowledged before me this __
day of , , 199 , by
as identification, and who did (did not)
No[ary Public in and for the
CoUa~ty a~d State last aforesaid.
2 of 4
F~O~ FgO~ 305-470-§450 (~)06, 25' 97 13:a6 /S?.t3:41/NO, 3360~?0-3~5 ?, I0
O3-RSD.06
This instrdment Drepared by,
or under the direction of,
D. Michael Schloss, Esq,
Di5tric~ General Counsel
A~ril 21~ 1997 - NE
Parcel NO, :120.1R (05-22-97)
W.P I. No- :6114017
RESOLUTION
ON~OTION of Co~is~ioner ·
WHE~AS, the State of Florida D~partment of Transportation has
of Florida
, Department of Transportation a deed, or deeds, in favor
of the State of Florida Departnnent of Tr&nsportation, conveying all
rights, ~itle ~/~d interest Bat said City has in and to s~d lands
requiredI for transportation purpose~ and said request having been
duly considered.
NOW THE~EFOBE, BE IT RESOLVED by the Board of City
deeds, i~ for transportation purpo~u~ whi~ are i~ the ~li= or
STATE OF] FLORIDA
I HEREBY C~TIFY that thm foregoing is a true copy of a
Re$oluti6n adopted by the Board of City Com~l~ioner~ of CITY OF
· 199.
(~D) 06.25' 97 13:47 /ST. ~3:41/ ~0, 3360270-385 ?. 11
Clerk, Board of City
Commissioners of CIT~ OF AVENTUBA,
Dade County, Florida
4 of 4
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, C'~/~g!r
Juno 27, 1997 v
Flood Drainage Prevention Ordinance
Ist Reading July 1, 1997 City Council Meeting Agenda Item 7-C
2nd Reading August 3, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which
establishes Flood Damage Prevention regulations in accordance with Florida Statutes
and Federal Emergency Management Agency (FEMA) standards.
BACKGROUND
A community must adopt and enfome floodplain management regulations in exchange
for the Federal Emergency Management Agency (FEMA) making flood insurance
available. The purpose of these regulations is to minimize flood damage and reduce
flooding impacts that can be generated by new development. The local adopted
regulations must include the federal minimum standards NFIP. Currently, FEMA has
not published a Flood Insurance Study or Flood Insurance Rate Map (FIRM) for the City
of Aventura. The unincorporated Dade County FIRM portrays the special flood hazard
areas in the City limits of Aventura.
Therefore, now that the City has incorporated, it must apply for the NFIP and adopt an
Ordinance of its own in order for flood insurance to continue to be available to its
property owners and residents. Flood insurance is mandatory for buildings within
FEMA-identified Special Flood Hazard Area when covered by real estate mortgages
that are federally backed or issued by lending institutions which are federally regulated.
The attached Ordinance establishes flood damage prevention guidelines in accordance
with the State and FEMA. The Ordinance has been reviewed by the City Engineer and
City Attorney.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0317-97
ORDINANCE NO. __
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CODE OF THE CITY OF AVENTURA BY
ADDING A NEW ORDINANCE ENTITLED "FLOOD
DAMAGE PREVENTION"; PROVIDING FOR STATUTORY
AUTHORITY AND LEGISLATIVE FINDINGS; PROVIDING
AN INTENT AND PURPOSE; PROVIDING OBJECTIVES;
PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING ADMINISTRATIVE
PROCEDURES AND STANDARDS; PROVIDING FOR
FLOOD HAZARD REDUCTION; PROVIDING FOR
VARIANCES AND APPEALS; PROVIDING FOR THE
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
WHEREAS, the City of Aventura is located in an area highly susceptible to
flooding; and
WHEREAS, the City Council has determined that it is in the best interest of the
residents of the City of Aventura to establish regulations on the development of land to
reduce the risk of flood damage to improvements and structures located in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
This Ordinance shall be known as the Flood Damage Prevention
Section 1.
Ordinance.
Sec. 1. Statutory Authority and Legislative Findings.
The Legislature of the State of Florida has in Sections 166
and 163 Florida Statutes, granted the authority and
responsibility to local governmental units, including the City,
Ordinance No. 97-
Page 2
to adopt regulations designed to promote the public health,
safety and general welfare, as well as to adopt development
regulations controlling the use of land.
The Flood hazard areas of the City are subject to periodic
inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
Flood protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety and
general welfare.
These Flood losses are caused by the cumulative effect of
obstructions in Floodplains causing increases in Flood
heights and velocities, and by the occupancy in Flood
hazard areas by uses vulnerable to Floods or hazardous to
other lands which are inadequately elevated, Flood-Proofed,
or otherwise unprotected from Flood damages.
Sec. 2.
Intent and Purpose.
It is the purpose of this Ordinance to promote the public health,
safety and general welfare and to minimize public and private losses due
to Flood conditions in specific areas by provisions designed to:
restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in Flood
heights or velocities;
require that uses vulnerable to Floods, including facilities
which serve such uses, be protected against Flood damage
at the time of initial construction or Substantial Improvement;
control the alteration of natural Floodplains, stream
channels, and natural protective barriers which are involved
in the accommodation of Flood waters;
control filling, grading, dredging and other Development
which may increase erosion or Flood damage, and;
Ordinance No. 97-
Page 3
prevent or regulate the construction of Flood barriers which
will unnaturally divert Flood waters or which may increase
Flood hazards to other lands.
Sec. 3. Obiectives
The objectives of this Ordinance are:
A. to protect human life and health;
to minimize expenditure of public money for costly Flood
control projects;
to minimize the need for rescue and relief efforts associated
with Flooding and generally undertaken at the expense of
the general public;
D. to minimize prolonged business interruptions;
to minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
street and bridges located in Floodplains;
F.
to help maintain a stable tax base by providing for the sound
use and development of Flood Prone Areas in such a
manner as to minimize Flood blight areas;
to insure that potential home buyers are notified that
property is in a Flood area; and
to comply with the requirements of the National Flood
Insurance Program so as to ensure the availability of Flood
insurance for residents and property owners.
Sec. 4. Definitions.
In construing the provisions of this Ordinance, where the context will
permit and no definition is provided herein, the definitions provided in
Section 403, Florida Statutes, as may be amended from time to time, and
Ordinance No. 97-
Page 4
in the rules and regulations promulgated thereunder, as may be amended
from time to time, shall apply. The following words and phrases when
used in this Ordinance shall have the meanings ascribed to them in this
section.
A. Accessory Structure shall mean a non-habitable, garage, or
other Building or Structure on a lot or parcel subordinate to and not
forming an integral part of the main or principal Building but pertaining to
the use of the main Building.
B. Area of Special Flood Hazard shall mean the land in the
Floodplain within a community subject to a one percent or greater chance
of Flooding in any given year.
C. Base Flood Elevation means the elevation for which there is
a one percent chance in any given year that Flood levels will equal or
exceed it. The Base Flood Elevations are indicated on the City FIRM.
D. Base Flood shall mean a Flood having a one percent
chance of being equaled or exceeded in any given year.
E. Basement shall mean that portion of a Building having its
Floor subgrade (below ground level) on all sides.
F. Breakaway Wall shall mean any type of wall, whether solid
or lattice, and whether constructed of concrete, masonry, wood, metal,
plastic, or any other suitable building material, which is not a part of the
structural support of the Building and which is intended through design
and construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the Building or the supporting
foundation system or any other Building to which they might be carried by
Flood waters.
G. Building shall mean any Structure built for support, shelter
or enclosure for any occupancy or storage.
H. City shall mean the City of Aventura.
Ordinance No. 97-
Page 5
I. Coastal High Hazard Area shall mean an Area of Special
Flood Hazard extending from off-shore to the inland limit of a primary
frontal dune along an open coast and any other area subject to high
velocity waters caused by, but not limited to, hurricane wave wash. The
area is designated on a FIRM as Zone VI-30, VE or V.
J. Development or Development Activity shall mean any man-
made change to improved or unimproved real estate, including, but not
limited to, Buildings or other Structures, mining, dredging, filling, grading,
paving, excavating, drilling operations, or permanent storage of materials
or equipment.
K. Development Permit means any building permit, zoning
permit, subdivision approval, rezoning, recertification, special exception,
variance or any other official action of the City having the effect of
permitting the Development of land.
L. Elevated Building means a non-basement building built to
have the Lowest Floor elevated above the ground level by means of fill,
solid foundation perimeter walls, pilings, columns (posts and piers) or
shear walls.
M. Flood or Flooding shall mean a general and temporary
condition of partial or complete inundation of normally dry land areas
from:
(1)
the overflow of streams, rivers, or other inland water;
or
(2)
abnormally high tidal water or rising coastal waters
resulting from severe storms, hurricanes or tsunamis;
or
(3) the unusual and rapid accumulation of run-off of
surface water from any source.
N. Flood-Plain or Flood-Prone Area means any land area
susceptible to being inundated by water from any source.
O. FIoodproofing shall mean any combination of structural and
nonstructural additions, changes, or adjustments (other than elevating) to
Structures which reduce or eliminate Flood damage to real estate or
Ordinance No. 97-
Page 6
improved real property, water supply and sanitary sewage facilities,
Structures, and their contents. Floodproofing includes by way of
illustration, not limitation, the following measures:
(1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction to protect against winds, wave
action, or Flood waters.
(3) Reinforcement of walls to resist water pressures.
(4)
Use of paints, membranes, or mortars to reduce
seepage of water through walls.
(5)
Addition of mass or weight to Structures to resist
flotation.
(6) Installation of pumps to lower water levels in
Structures,
(7) Construction of water supply and waste water
treatment and disposal systems to prevent the
entrance or infiltration of Flood waters.
(8)
Construction to resist rupture or collapse caused by
water pressure or Flooding debris.
(9)
Installation of valves or controls of sanitary and storm
drains which will permit the drains to be closed to
prevent backup of sewage and storm waters into the
Buildings or Structures. Gravity draining of
Basements may be eliminated by mechanical
devices.
(80)
Locate all electrical equipment, circuits and installed
electrical appliances in a manner which will assure
they are not subject to Flooding and to provide
protection from inundation by the Base Flood.
Ordinance No. 97-
Page 7
(11)
Locate any Structure, storage facilities for chemicals,
explosives, buoyant materials, flammable liquids or
other toxic materials which could be hazardous to the
public health, safety, and welfare in a manner which
will assure that the facilities are situated at elevations
above the height associated with the regulatory
protection elevation or are adequately Floodproofed
to prevent flotation of storage containers, or damage
to storage containers which could result in the escape
of toxic materials into Flood waters.
P. Flood Hazard Boundary Map means an official map of the
City, issued prior to the FIRM by the Federal Emergency Management
Agency, where the boundaries of the Areas of Special Flood Hazard have
been identified.
Q. Flood Insurance Rate Map (FIRM) shall mean an official
map of a community, on which the Federal Emergency Management
Agency has delineated both the Areas of Special Flood Hazard and the
risk premium zones applicable to the community.
R. Flood Insurance Study shall mean the official report
provided by the Federal Emergency Management Agency (FEMA). The
report contains Flood profiles, as well as the water surface elevation of
the Base Flood.
S. Floor shall mean the top surface of an enclosed area in a
Building (including Basement), i.e., top of slab in concrete slab
construction or top of wood flooring in wood frame construction. The term
does not include the floor of a garage used solely for parking vehicles.
T. Functionally Dependent Structure shall mean a Structure
which cannot be used for its intended purpose unless it is located or
carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing facilities. The term does
not include long-term storage, manufacture, sales, or service facilities.
U. Historic Building or Structure shall mean any Structure
Ordinance No. 97-
Page 8
that's:
(1)
Listed individually in the National Register of Historic
Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary
of the Interior as meeting the requirements for
individual listing on the National Register; or
(2)
Certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical
significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as
a registered historic district; or
(3)
Individually listed on a state inventory of historic
places in states with historic preservation programs
which have been approved by the Secretary of the
Interior; or
(4)
Individually listed on a local inventory of historic
places in communities with historic preservation
programs that have been certified either:
a)
By an approved state program as determined
by the Secretary of the Interior, or
b)
Directly by the Secretary of the Interior in
states without approved programs.
V. Lowest Floor shall mean the lowest floor of the lowest
enclosed area (including Basement). An unfinished or Flood-resistant
enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a Basement area, is not considered a
Building's Lowest Floor; provided that such enclosure is not built so as to
render the Structure in violation of the applicable non-elevation design
requirements of this Ordinance.
VV. Mangrove Stand shall mean an assemblage of mangrove
trees which consist of one or more of the following species: black
mangrove (Avicennia Germinans); red mangrove (Rhizophora Mangle);
Ordinance No. 97-
Page 9
white mangrove (Languncularian Racemosa) and buttonwood
(Conocarpus Erecta).
X. Manufactured Home (trailer) shall mean a Structure,
transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term Manufactured Home
does not include a Recreational Vehicle; however, park trailers, travel
trailers, and similar transpodable structures placed on a site for one
hundred eighty (180) consecutive days or longer shall be regulated as
Manufactured Homes.
Y. NGVD shall mean the sea-level datum now used for the
United States Coast and Geodetic Survey (now known as National
Ocean Survey) level net is officially known as the "Sea Level Datum of
1929," the year referring to the last general adjustment of the net. The
datum itself can be considered to be an adjustment based on the tide
observations taken at various tide stations along the costs of the United
States over a number of years.
Z. New Construction shall mean any Structure for which the
Start Of Construction commenced on or after the effective date of this
Ordinance. The term also includes any subsequent improvements to the
Structure. Start of Construction (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act (F L.
97-348)), includes Substantial Improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the permit
date. The actual start means the first placement of permanent
construction of a Building (including a Manufactured Home) on a site,
such as the pouring of slabs or footings, installation of piles, construction
of columns, or any work beyond the stage of excavation or the placement
of a Manufactured Home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it
include excavation for a Basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the
property of Accessory Structures, such as garages or sheds not occupied
as dwelling units or not part of the main Building. For a Substantial
Improvement, the actual start of construction means the first alteration of
Ordinance No. 97-
Page 10
any wall, ceiling, floor, or other structural part of a Building, whether or not
that alteration affects the external dimensions of the Building.
AA. New Manufactured Home Park or New Manufactured Home
Subdivision shall mean a Manufactured Home Park or Subdivision for
which the construction of facilities for servicing the lots on which the
Manufactured Homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the
effective date of this Ordinance.
BB. Recreational Vehicle shall mean a vehicle which is:
(1) built on a single chassis; and
(2)
400 square feet or less when measured at the largest
horizontal projection; and
(3)
designed to be self-propelled or permanently towable
by a light duty truck; and
(4)
designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
CC. Residential or Residence shall mean any lot, plot, parcel,
tract, area, piece of land or Building used exclusively for family dwelling
purposes or intended to be so used, including concomitant uses as
specified in the prevailing land development regulations of the City.
DD. Sand Dunes shall mean naturally occurring accumulations
of sand in ridges or mounds landward of the beach.
EE. Structure shall mean a welled and roofed Building that is
principally above ground, a Manufactured Home, a gas or liquid storage
tank, or other man-made facilities or infrastructures.
FE Substantial Damage shall mean damage of any origin
sustained by a Structure whereby the cost of restoring the Structure to its
before damaged condition would equal or exceed 50 percent of the
10
Ordinance No. 97-
Page 11
market value of the Structure before the damage occurred.
GG. Substantial Improvement shall mean any combination of
additions, rehabilitation, reconstruction, alteration, or other improvements
to a Structure, taking place during a one (1) year period in the "A" zones
and a five (5) year period in the "V" zones, in which the cumulative cost
equals or exceeds 50 percent of the market value of the Structure. The
market value of the Structure shall be the appraised value of the Structure
prior to the start of the initial work.
Substantial Improvement is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the Building
commences, whether or not that alteration affects the external dimensions
of the Structure. This term includes Structures which incur Substantial
Damage regardless of actual work performed. The term does not include
either:
(1)
Any project for improvement of a Structure required to
correct existing Violations of state or local health, sanitary,
or safety code specifications which have been identified by
the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or
(2)
Any alteration of a Historic Structure, provided that the
alteration will not preclude the Structure's continued
designation as a Historic Structure for which a Variance has
been granted pursuant to this Ordinance; or
(3)
Repairs for damage from any origin which are determined to
be less than Substantial Damage.
HH. Variance is a grant of relief from the requirements of this
Ordinance which permits construction in a manner otherwise prohibited
by this Ordinance where specific enforcement would result in
unnecessary hardship.
II. Violation shall mean the failure of a Structure or other
Development to be fully compliant with the provisions of this Ordinance.
Sec. 5.
General Provisions.
Ordinance No. 97-
Page 12
Lands To Which This Ordinance Applies.
This Ordinance shall apply to all areas of the City.
Basis For Establishing The Areas of Special Flood Hazard.
The Areas of Special Flood Hazard identified by the Federal
Emergency Management Agency in its Flood Insurance Study and
Flood Insurance Rate Map, for Dade County, Florida dated
with accompanying maps and other
supporting data, and any revision thereto, are adopted by
reference and declared to be a part of this Ordinance. All lands
within the City are within an Area of Special Flood Hazard.
Development Permits Required.
A Development Permit shall be required in conformance with the
provision of this Ordinance prior to the commencement of any
Development Activities.
Compliance.
No Development Activity shall occur without full compliance with
the terms of this Ordinance and other applicable regulations.
Abrogation and Greater Restrictions.
This Ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Ordinance and another conflict, regulation or overlap,
whichever imposes the more stringent restrictions shall prevail.
Interpretation.
In the interpretation and application of this Ordinance all provisions
shall be: (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body, and; (3) deemed neither
to limit nor repeal any other powers granted under state statutes.
12
Ordinance No. 97-
Page 13
G. Warning and Disclaimer of Liability.
The degree of Flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger Floods can and
will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This Ordinance does not imply that
land outside the Areas of Special Flood Hazard or uses permitted
within such areas will be free from Flooding or Flood damages.
This Ordinance shall not create liability on the part of the City or by
any officer or employee thereof for any Flood damages that result
from reliance on this Ordinance or any administrative decision
lawfully made hereunder.
H. Penalties for Violation
Violation of the provisions of this Ordinance or failure to comply
with any of its requirements, including Violation of conditions and
safeguards established in connection with grants of a Variance
shall constitute a municipal ordinance violation. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$500 or imprisoned for not more than 60 days, or both, and in
addition, shall pay all costs and expenses involved in the case.
Each day such Violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the City from
taking such other lawful actions as are necessary to prevent or
remedy any Violation.
Sec. 6.
Administration.
A. Designation of Local Administrator
The City Manager or his designee is hereby appointed to
administer and implement the provisions of this Ordinance.
Whenever the term City Manager is used in this Ordinance, it is
intended to include any designee.
B. Permit Procedures for Building Construction.
13
Ordinance No. 97-
Page 14
Application for a Development Permit for constructing or
Substantially Improving a Structure shall be made to the City
Manager on forms furnished by the City Manager's office prior to
any Development Activities, and may include, but not be limited to,
the following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question,
existing or proposed Structures, earthen fill, storage of materials or
equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(1) Application StaRe.
(a)
Elevation in relation to NGVD of the proposed Lowest
Floor, or the lowest surface of any heating or air
conditioning duct work installed below the Lowest
Floor, or the lowest horizontal supporting member in
a Coastal High Hazard Area (V-Zone), of all proposed
Buildings or Substantial Improvements;
(b)
Elevation in relation to NGVD to which any proposed
Building or Substantial Improvement, not located in a
Coastal High Hazard Area (V-zone), will be Flood-
Proofed;
(c)
Signed, sealed certificate, separate from the
submitted plans, from a registered professional
engineer or architect that the Flood-Proofed Building
will meet the Flood-Proofing criteria in this Ordinance;
(d)
Signed, sealed certificate, separate from the
submitted plans, from a registered professional
engineer or architect that a new or Substantially
Improved Building located in the Coastal High Hazard
Area (V-Zone) will meet the construction standards
contained in Sec. 7.C.;
(e)
Description of the extent to which any watercourse,
swamp, marsh, lake, or pond will be altered,
relocated, or created as result of proposed
construction, and;
Ordinance No. 97-
Page 15
(2)
(f)
Description of the type, extent, and depth of proposed
fill and the elevation in relation to NGVD of the top
surface of the fill, and;
(g)
Description of the type, extent, and depth of proposed
excavation in relation to NGVD;
(h)
Plot plan, to scale, illustrating the locations of all
proposed construction, fill, excavating, and other
aspects of the Development.
(i)
Copy of the proposed stormwater management report
and Floodplain study, if any, complete with technical
supporting data.
(j) Grading and drainage plans.
(k) Upon request, stormwater management plans.
Construction StaRe.
certifications.
Floor elevation or Flood-Proofing
(a) Upon placement of the Lowest Floor, or, in the
Coastal High Hazard Areas (V-zones) upon
placement of the horizontal structural members of the
Lowest Floor, whichever is applicable, it shall be the
duty of the permit holder to submit to the City
Manager a certification of the elevation of the top of
the Lowest Floor, or the lowest surface of any heating
or air conditioning duct work installed below the
Lowest Floor, or the elevation of the lowest portion of
the horizontal structural members of the Lowest Floor,
whichever is applicable, as built, in relation to NGVD.
Said certification shall be made on a FEMA Elevation
Certificate form No.81-31, or a form containing at
least the same information, and shall be prepared by
or under the direct supervision of a registered land
surveyor or professional engineer.
Ordinance No. 97-
Page 16
(b)
(c)
(d)
(e)
(f)
When Flood-Proofing is utilized for a Building, the
permit holder shall submit to the City Manager a
Flood-Proofing certification at the time the exterior
walls are completed to the required Flood-Proofed
elevation. Said certification shall be prepared by or
under the direct supervision of a professional
engineer or architect and certified by same, utilizing
the FEMA FIoodproofing Certificate form No.81-65, or
the equivalent.
Any additional work undertaken prior to submission
and approval of the certification shall be at the permit
holder's risk.
The City Manager shall review the floor elevation
survey data or Flood-Proofing certification submitted.
Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior
to further progressive work being permitted to
proceed. Acceptance of the flood-proofing
certification by the City Manager shall not relieve the
certifying professional of risk and/or liability for the
certification.
Failure to submit the elevation or Flood-Proofing
certifications or failure to make said corrections
required hereby, shall be cause to issue a stop-work
order for the project.
Prior to issuance of a certificate of occupancy for
New Construction or Substantial Improvement in the
Coastal High Hazard Area (V-Zones), the permit
holder shall submit a signed, sealed certificate,
separate from the submitted plans, from a registered
professional engineer or architect certifying that the
Building has been constructed in compliance with the
standards contained in Sec. 7.C. A certificate of
occupancy will not be issued until this certification
has been received and accepted by the City
Manager.
Ordinance No. 97-
Page 17
Duties and Responsibilities of the Local Administrator
Duties of the City Manager, as the local administrator of this
Ordinance, shall include, but not be limited to:
(1)
Review all applications for Development Permits to assure
that the permit requirements of this Ordinance have been
satisfied;
(2)
Advise permittees that additional federal or state permits
may be required, and if specific federal or state permit
requirements are known, require that copies of such permits
be provided and maintained on file with the Development
Permit.
(3)
Verify and record the actual elevation (in relation to NGVD)
of the Lowest Floor of all new or Substantially Improved
Buildings, in accordance with Sec. 7.B(1).
(4)
Verify and record the actual elevation (in relation to NGVD)
to which the new or Substantially Improved Buildings have
been elevated or Flood-Proofed, in accordance with Sec.
7.B(2).
(5)
In Coastal High Hazard Areas, requiring permittees to
provide certification from a registered professional engineer
or architect that the Building is designed and securely
anchored to adequately anchored pilings or columns in
order to withstand velocity waters and hurricane wave wash,
in compliance with Sec. 7.C(2)(3)(4).
(6)
In Coastal High Hazard Areas, the City Manager shall
review plans for adequacy of Breakaway Walls in
accordance with Sec. 7.C(8), (9) and (10).
(7)
When Flood-Proofing is utilized for a particular Building, the
City Manager shall obtain certification from a registered
professional engineer or architect, in accordance with this
Ordinance.
Ordinance No. 97-
Page 18
(8)
(9)
The office of the City Manager shall serve as the official map
repository for FEMA Flood Insurance Rate Maps, Flood
Boundary and Floodway Maps (if applicable), and Flood
Hazard Boundary Maps for the community, together with
Letters of Map Amendment (LOMAs) and Letters of Map
Revision (LOMRs). At least one copy of all current and
superseded maps, LOMAs and LOMRs shall be maintained
for public use and viewing.
All records pertaining to the provisions of this Ordinance
shall be maintained in the office of the City Manager and
shall be open for public inspection. Copies of all
Development Permits and summary supporting
documentation shall be filed by geographic area for ease of
coordinating all Floodplain Development Activities.
Sec. 7
Provisions for Flood Hazard Reduction.
General Standards.
In all Areas of Special Flood Hazard the following provisions are
required:
(1)
New Construction and Substantial Improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the Structure;
(2)
Manufactured Homes shall be anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This standard shall be in addition to
and consistent with applicable state requirements for
resisting wind forces.
(3)
New Construction and Substantial Improvements shall be
constructed with materials and utility equipment resistant to
Flood damage;
(4) New Construction or Substantial Improvements shall be
Ordinance No. 97-
Page 19
constructed by methods and practices that minimize Flood
damage;
(5)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, including duct work, and other service facilities
shall be designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of Flooding.
(6)
New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of Flood waters
into the system;
(7)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of Flood waters
into the systems and discharges from the systems into Flood
waters;
(8)
On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination
from them during Flooding;
(9)
Any alteration, repair, reconstruction or improvement to a
Building which is in compliance with the provisions of this
Ordinance, shall meet the requirements of New Construction
as contained in this Ordinance.
(10) Adequate drainage paths shall be provided around
Structures to guide stormwater runoff away from them;
(11)
Any improvements made to new or Substantially Improved
Buildings for which permits were issued on or after
December 31, 1974 shall conform to the requirements for
New Construction under this Ordinance.
(12)
Functionally Dependent Structures and any improvements to
Historic Buildings may be exempted from one or all of the
standards contained in this Ordinance, provided the request
for an exemption is approved as a Variance, as provided in
this Ordinance, and with regard to Historic Buildings the
Ordinance No. 97-
Page 20
proposed improvements are certified by a certified local
government or the State Historic Preservation Officer as
maintaining the historical integrity and classification of the
Building.
B. Specific Standards for A-zone Flood Hazard Areas.
In all Areas of Special Flood Hazard, areas denoted with an "A" prefix on
the FIRM where Base Flood Elevation data have been provided, as set
forth in Sec. 5. B, the following provisions are required, in addition to the
general standards of Sec. 7.A.
(1)
Residential Construction. New Construction or Substantial
Improvement of any Residential Building (or Manufactured
Home) shall have the Lowest Floor, together with all
mechanical and electrical equipment, including duct work,
and including any basement, elevated no lower than the
Base Flood Elevation. Should solid foundation perimeter
walls be used to elevate a Structure, openings sufficient to
facilitate the unimpeded movements of Flood waters shall be
provided in accordance with standards of Sec. 7.B(3). The
floor of an attached garage may be placed below the Base
Flood Elevation, provided the openings required in Sec.
7.B(3) are installed and all mechanical and electrical
equipment, including laundry facilities and food freezers, are
elevated above the Base Flood Elevation.
(2)
Non-Residential Construction. New Construction or
Substantial Improvement of any commercial, industrial, or
non-residential Building shall have the Lowest Floor,
together with all mechanical and electrical equipment,
including duct work, and including any Basement, elevated
no lower than the Base Flood Elevation. The floor of an
attached garage or loading dock may be placed below the
Base Flood Elevation, provided the openings required in
Sec. 7.B(3) are installed and all mechanical and electrical
equipment are elevated above the Base Flood Elevation.
Buildings may be Flood-Proofed to an elevation one foot
above the required Base Flood Elevation noted above, in
lieu of being elevated, provided that all areas of the Building
Ordinance No. 97-
Page 21
below the required elevation are water tight with walls
substantially impermeable to the passage of water, and use
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the official
as set forth in Sec. 6.C(4).
(3)
Elevated Buildings. New Construction or Substantial
Improvements of Elevated Buildings that include fully
enclosed areas formed by foundation and other exterior
walls below the Base Flood Elevation shall be designed to
preclude finished living space and shall be designed to
allow for the entry and exit of floodwaters to automatically
equalize hydrostatic Flood forces on exterior walls.
(a)
Designs for complying with this requirement must
either be certified by a professional engineer or
architect or meet the following minimum criteria:
(i)
Provide a minimum of two openings (in walls or
doors) having a total net area of not less than
one square inch for every square foot of
enclosed area subject to Flooding;
(ii) The bottom of all openings shall be no higher
than one foot above grade; and,
Openings may be equipped with screens,
louvers, valves or other coverings or devices
provided they permit the automatic flow of
floodwaters in both directions.
(b)
Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment
used in connection with the premises (standard
exterior door) or entry to the living area (stairway or
elevator); and
21
Ordinance No. 97-
Page 22
(4)
(5)
(c)
The interior portion of such enclosed area shall not
be partitioned or finished into separate rooms.
(d)
Use of such enclosed areas shall be limited to
parking, storage, and Building access.
Manufactured Homes and Recreational Vehicles.
(a)
(b)
All Manufactured Homes placed within the City must
meet all the requirements for New Residential
Construction contained in this Ordinance, including
installation on permanent foundation systems,
elevation, and anchoring. At minimum, a permanent
foundation system shall constitute reinforced piers
placed on poured footings, or other foundation
elements of equivalent strength. Any additions to
Manufactured Homes subject to provisions of this
subsection shall also be considered New
Construction and must therefore comply with the
requirements of this Ordinance, including elevation
requirements.
All Recreational Vehicles placed on sites must either:
(i)
(ii)
Be fully licensed and ready for highway use, or
The Recreational Vehicle must meet all the
requirements for New Construction, including
anchoring and elevation requirements of this
Ordinance.
A Recreational Vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices and has
no permanently attached Structures.
Accessory Structures. Accessory Structures may be
exempted from the elevation requirement of Sec. 7.B,
provided the following criteria are met:
22
Ordinance No. 97-
Page 23
(a)
The Structure is not used for human habitation,
including occupancy as a workplace for extended
periods of time;
(b)
The Structure is designed and constructed so as to
have a Iow potential for damage during a Flood (eg.
using flood resistant materials as provided in FEMA
Technical Bulletin #88-2, and any subsequent
revisions thereto);
(c)
The Structure shall be located so as to offer the
minimum resistance to the flow of floodwaters (eg.
parallel to a stream, perpendicular to the ocean);
(d)
The Structure is firmly anchored to prevent flotation,
per Sec. 7.A(1);
(e)
All electrical service, heating/cooling equipment, and
other mechanical or electrical equipment is either
elevated above the Base Flood Elevation, or is
Floodproofed. One ground-fault interrupt circuit may
be installed below the Base Flood Elevation, and all
construction below that elevation shall be of flood-
resistant materials.
(6)
Temporary Structures. Certain types of structures (eg. fruit
stands, construction site offices) may be sited temporarily on
property without having to comply with the General
Standards of Sec. 7.A, or the elevation standard of Sec. 7.B,
provided the following criteria are met:
(a)
The Structure is mobile, or can be made so, and is
capable of being removed from the site with a
minimum of thirty-six (36) hours warning.
(b)
The Structure does not have an approval to remain
on the property for more than 180 days.
(c)
The applicant submits a plan for the removal of the
Structure, containing the following documentation:
23
Ordinance No. 97-
Page 24
(i) The name, address, phone number and
emergency contact point of the individual
responsible for the removal of the Structure.
(ii) The time at which the Structure will be
removed (ie. a minimum of 72 hours in
advance of the projected landfall of a
hurricane).
(iii) A copy of a contract or other suitable instrument with
a trucking company to ensure the availability of
removal of the Structure when needed,
together with the name, address, and
emergency phone number of the responsible
trucking company agent.
(iv) Designation, accompanied by documentation
(eg. signed consent of the property owner), of
a site outside the City to which the Structure
will be moved.
(v) Signatures of the applicant, property owner on
which the Structure will be placed, and owner
of the Structure, agreeing to abide by the
terms of the removal plan.
A temporary development permit shall be issued when a
temporary Structure is approved, and the expiration date
shall be clearly marked on the face of the permit. The
original copy of the removal plan shall be attached to the
permit, and the documentation shall be kept on file in the
City Manager's office. A copy of the permit, together with
the removal plan, shall be provided by the owner to the local
emergency management coordinator.
Standards for Coastal Hi.qh Hazard Areas (V Zones).
Located within the Areas of Special Flood Hazard are areas
designated as Coastal High Hazard Areas, which are denoted with
a '¥' prefix on the FIRM. These areas, celled "velocity zones",
have special Flood hazards associated with wave action, therefore,
the following provisions shall apply:
Ordinance No. 97-
Page 25
(1)
(2)
(3)
(4)
(5)
Building location. All Building shall be located in
conformance with the requirements of the State of Florida
Coastal Zone Protection Act of 1985.
Elevated Buildings. All Buildings shall be elevated so that
the bottom of the lowest supporting horizontal member
(excluding pilings or columns), together with all mechanical
and electrical equipment, including duct work, is located no
lower than the Base Flood Elevation, with all space below
the lowest supporting member open so as not to impede the
flow of water. Open lattice work or decorative screening
may be permitted for aesthetic purposes only and must be
designed to wash away in the event of abnormal wave
action and in accordance with Sec. 7.C(8);
Piling or column foundations. All Buildings or Structures
shall be securely anchored on pilings or columns extending
vertically below grade a sufficient depth below the zone of
potential scour and securely anchored to subsoil strata;
Anchoring and connection requirements. All pile and
column foundations and Structures attached thereto shall be
anchored to resist flotation, collapse, and lateral movement
due to the effect of wind and water loads acting
simultaneously on all Building components. Proper
structural anchoring shall include a complete system of
adequately-sized, galvanized metal connectors securely
fastening the various structural subsystems of the Building
together, from the roofing and ridge down to the pilings, to
resist wind damage. Water loading values shall equal or
exceed the Base Flood. Wind loading values shall be in
accordance with the South Florida Building Code, and any
subsequent revisions thereto.
Certification of design. At time of application for a permit, a
registered professional engineer or architect shall certify
that the design, specifications and plans for construction are
in compliance with the provisions contained in Sec. 7.C(2),
(3) and (4) of this Ordinance, and shall cite the parameters
25
Ordinance No. 97-
Page 26
and variables used in developing the design, including wind
loading values, water loading values, depth of potential
scour zone, and subsoil strata characteristics.
(6)
Ban on use of structural fill. There shall be no fill used as
structural support. Limited non-compacted fill may be used
around the perimeter of a Building for landscaping/aesthetic
purposes provided the fill will wash out from storm surge,
(thereby rendering the Building free of obstruction) prior to
generating excessive loading forces, ramping effects, or
wave deflection. The City Manager shall approve design
plans for landscaping/aesthetic fill only after the applicant
has provided an analysis by an engineer, architect, and/or
soil scientist, which demonstrates that the following factors
have been fully considered:
(a)
Particle composition of fill material does not have a
tendency for excessive natural compaction;
(b)
Volume and distribution of fill will not cause wave
defection to adjacent properties; and
(c) Slope of fill will not cause wave run-up or ramping.
(7)
Protection of Sand Dunes and Mangrove Stands. There
shall be no alteration of Sand Dunes or Mangrove Stands
which would increase potential Flood damage.
Enclosures below Base Flood Elevation. Lattice work or
decorative screening shall be allowed below the Base Flood
Elevation provided they are not part of the structural support
of the Building and are designed so as to breakaway, under
abnormally high tides or wave action, without damage to the
structural integrity of the Building on which they are to be
used. Solid, non-supporting, Breakaway Walls may also be
used, but only for purposes of enclosing and securing
access to upper floors (foyer for staircase or elevator) and
for secured storage and vehicle parking. The solid
Breakaway Walls shall have a safe design loading
resistance of not less than ten (10) and not more than
26
Ordinance No. 97-
Page 27
twenty (20) pounds per square foot.
(9)
Use of enclosed areas. If aesthetic lattice work or screening
is utilized, such enclosed space shall not be designed to be
used for human habitation, but shall be designed to be used
only for parking of vehicles, Building access, or limited
storage of maintenance equipment used in connection with
the premises. Areas enclosed by solid, Breakaway Walls
shall be used for Building access parking and secured
storage only.
(10)
Plans for enclosures. Prior to construction, plans for any
Buildings that will have lattice work or decorative screening,
or solid, Breakaway Walls must be submitted to the City
Manager for approval, and must comply with the standard
noted in Sec. 7.C(8). Certification by a registered architect
or engineer is required for any Breakaway Wall designs
which do not comply with said standard. Such designs must
be certified to collapse as a result of a water loads less than
that which would occur during the Base Flood, and to not
result in the displacement, collapse, or other structural
damage to the rest of the Building and foundation system or
to adjoining Structures. Water and wind loading values shall
be those set forth in Sec. 7.C(4) above.
(11)
Restriction on future enclosures. Any alteration, repair,
reconstruction or improvement to a Structure shall not
enclose the space below the Lowest Floor except as
provided for in Sec. 7.C(8)(9).
(12)
Manufactured Homes. No Manufactured Homes or
Recreational Vehicles may be placed in Coastal High
Hazard Areas.
(13)
Certification of completed construction. Upon completion of
the Structure or Substantial Improvement, a registered
professional engineer or architect shall certify that the
building was constructed are in compliance with the
provisions contained in Sec. 7.C of this Ordinance, including
the approved, certified design specifications provided per
2'7
Ordinance No. 97-
Page 28
Sec. 7.C(5).
(14) Accessory Structures. Accessory Structures shall be
allowed per Sec. 7.B(5), subject to the following criteria:
(a)
the Structure is located so as not to cause collapse,
displacement, or other structural damage to adjacent
primary Structures during a Base Flood event;
(b)
the Structure is designed to not provide resistance to
the combined effects of wave action and wind during
a Base Flood event, and to break down into small
enough pieces so that the resultant debris does not
create a serious danger to adjacent primary
Structures (the safe design loading of the walls shall
be not less than 10 and no more than 20 lbs per
square foot); and
(c)
the design of the Building is certified by a registered
professional engineer or architect to comply with said
standards.
(15) Temporary structures. Temporary structures shall be
permitted per Sec. 7.B(6).
D. Standards for Subdivision Proposals.
All subdivision proposals shall be consistent with the need
to minimize Flood damage;
(2)
All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize Flood damage;
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to Flood hazards, and;
(4)
Base Flood Elevation and Flood hazard area mapping shall
be provided in accordance with this Ordinance for
subdivision proposals and other proposed development
28
Ordinance No. 97-
Page 29
which is greater than the lesser of fifty lots or five acres.
(5)
The Base Flood boundary, floodway and/or V-zone
boundary if applicable, and the applicable Base Flood
Elevation for the Building site on each lot shall be clearly
marked on all recorded subdivision plats, be they for
residential, commercial, or industrial use.
Sec. 8, Variances.
The City Council shall hear and decide requests for
Variances from the requirements of this Ordinance.
Any person aggrieved by the decision of the City Council
may appeal such decision to the Circuit Court, as provided
in the Florida Rules of Appellate Procedure.
Variances may be issued for the repair or rehabilitation of
Historic Structures upon a determination that the proposed
repair or rehabilitation will not preclude the Structure's
continued designation as a Historic Structure and the
variance is the minimum to preserve the historic character
and design of the Structure.
In passing upon such requests, the City Council shall
consider all technical evaluations, all relevant factors, all
standards specified in other sections of this Ordinance, and:
(1)
the danger that materials may be swept onto other
lands to the injury of others;
(2)
the danger to life and property due to Flooding or
erosion damage;
(3)
the susceptibility of the proposed facility and its
contents to Flood damage and the effect of such
damage on the individual owner;
(4) the importance of the services provided by the
proposed facility to the community;
29
Ordinance No. 97-
Page 30
(5)
(6)
(7)
(8)
(9)
(10)
(11)
the necessity of the facility to a waterfront location, in
the case of a functionally dependent facility;
the availability of alternative locations, not subject to
Flooding or erosion damage, for the proposed use;
the compatibility of the proposed use with existing
and anticipated Development;
the relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
the safety of access to the property in times of Flood
for ordinary and emergency vehicles;
the expected heights, velocity, duration, rate of rise
and sediment transport of the Flood waters and the
effects of wave action, if applicable, expected at the
site, and;
the costs of providing governmental services during
and after Flood conditions including maintenance and
repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and
bridges.
Upon consideration of the factors listed above, and the
purposes of this Ordinance, the City Council may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
Conditions for Variances:
(1)
Variances shall only be issued upon a determination
that the Variance is the minimum necessary,
considering the Flood hazard, to afford relief; and in
the instance of a Historical Building, a determination
that the Variance is the minimum necessary so as not
3o
Ordinance No. 97-
Page 31
to destroy the historic character and design of the
Building;
(2)
Variances shall only be issued upon:
(i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the Variance would
result in exceptional hardship, and; (iii) a
determination that the granting of a variance will not
result in increased Flood heights, additional threats to
public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or
Ordinances.
(3)
Any applicant to whom a Variance is granted shall be
given written notice specifying the difference between
the Base Flood Elevation and the elevation to which
the Building is to be built and stating that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced Lowest
Floor elevation.
(4)
The City Manager shall maintain the records of all
Variances and report any variances to the Federal
Emergency Management Agency upon request.
Sec. 9.
Administrative Appeals.
The City Council shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or
determination made by the City Manager in the
administration of this Ordinance.
Any person aggrieved by the decision of the City Council
may appeal such decision to the Circuit Court, as provided
in the Florida Rules of Appellate Procedure.
The City Manager shall maintain the records of all appeal
actions under this section.
31
Ordinance No. 97-
Page 32
Section 2. Repeal of Conflictina Provisions. All provisions of the Code of
Metropolitan Dade County as made applicable to the City by Article VIII, Section 8.03 of
the City Charter which are in conflict with this Ordinance are hereby repealed.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4, Inclusion in the Code. It is the intention of the Council and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall become 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
32
Ordinance No. 97-
Page 33
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this day of
PASSED AND ADOPTED on second reading this day of
,1997:
, 1997.
Attest:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney
33
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. of
1997 agenda of /~,-,~-/,---~ ~,/f
body
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substar~ce of Communication;
7-° I~,,zl ,~ ~/,,¢./~..f //?,,/,,...~. ,4,.,.I,..-~ /~/
Filed this [ day of
Respectfully,
Council or Board Member Receiving
Communication:
Name/') .
Clerk / Secretaryv
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
199...:2 agenda of
Item No.
C/7
3~
of
JCJ..7
/
c..-'J..'(.J-,,-~.:.-; ~
Date of Verbal Communication:
body
()ZIr7 /'1 7 , th."h7 f ?tff~
/
Identity of Person or Entity Making Communication:
>./<;<h I r/hc/J
Subject and Substance of Communication:
Vh'/~"'C /.Zcr~M7t?'~ fAJ
A;1Ji -
'b7l-//A rTDU
Respectfully,
Councilor Board Member Receiving
Communication:
/T-t
Filed this ~ day of
S. a
fL ,1912
Yu~Q ~
Clerk I Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Site Visit. InvestiClation, Expert Opinion
Agenda Item: Item No. ~ /f
{"
-- ~ 7 L ~""-1.J""'",-~ t
, 1992 agenda of
of ,/..~-t:-y /
body
ete ~, Investigation or Receipt of Expert Opinion:
~ ~/3c/q7 .
Nature of Contact: (check as applicable)
~
( )
Site Visit
Investigation
Expert Opinion
Substance of Contact:
~;ffWt:-71
/ c.Y
~/re - ;//L'UtJo II-~Od_."(.'# /#6
Identity of Any Person Participating in Contact:
<;;eLF
Filed this L day of
~?--/
/
Respectfully,
Councilor Board Member Receiving
Communication:
'1~
d1 A UJ(j
Clerk I Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investiaation. Expert Opinion
Agenda Item: Item No. ":j C of
/) - /
, 199 '7 agenda of
body
Date of Visit, Investigation or Receipt of Expert Opinion:
Nature of Contact: (check as applicable)
~ Site Visit
() Investigation
() Expert Opinion
Substance of Contact .I. ! "' . /- ~:,7"
c!-(i>::Lt::i,&U~ c'L_:>k_~
, /'
Identity of Any Person Participating in Contact
Respectfully,
Filed this ..-1 day of
Councilor Board Member Receiving
commu~"isation: 1/ L I. . /
/y/f /2 fJ.. V /t~!./7-~ I;: v-
Name ;:7;;~;Y"" /~?:-?( /7~
Signatt:rre ~ ~/
~1~
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit. Investiaation. Expert Opinion
Agenda Item: Item No.
7, ,4 of
f-? /
/- .
,
, 199 7 agenda of
body
Date of Visit, Investigation or Receipt of Expert Opinion:
~-2c-97
Nature of Contact: (check as applicable)
n
( )
Site Visit
Investigation
Expert Opinion
Substance of Contact:) .
",4/,1 .fl~
. ~'L'
c;,/....tc ('-e-
/
Identity of Any Person Participating in Contact:
Respectfully,
Filed this ~ day of
Councilor Board Member Receiving
Commun~tion: / /
,~ I~ Y /<</ / ;z./J? /< ("-
Name ..' ~.../~
Signatufe (> 2 ~//:;' (~/ 1"'7 /_~
..., "
~~~~9~
Clerk / Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Site Visit, Investiaation. Expert Opinion
Agenda Item: Item No. 34
/;;Vf.>11""".___
of ----LJ \
, 199---L agenda of
body
Date of Visit, Investigation or Receipt of Expert Opinion:
b h.) t"l 7 .
Nature of Contact: (check as applicable)
~
(--) Site Visit
() Investigation
() Expert Opinion
Substance of Contact:
,
--'rN,<- I:y -i
,
t"c>lyv! .:1 6' U .
Identity of Any perso~ritciPating in Contact:
Respectfu lIy,
Council or Board Member Receiving
Communication: .
f/17I(I((1} / .-t,-L,l.,.,--
Name
:-
Signature
F;I,d !hI, ~ day of ---f4 '~
~ {DAM Q
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
1991 agenda of
of 7 If 1'7 1
Item No. 3 c...
/1>r-nJi::._
body
Date of Verbal Communication:
iRl.:>r-:J/'J 1
Identity of Perso~n or Entity Ma)<ing Communication:
74bJil"", } Ii/ ( J
Subject and Substance of Communication:
/-Iu./~/L4.. 0,5nh~h."
Respectfully,
Councilor Board Member Receiving
Communication:
)
./. / I
?~?)(IL/t '-'--f VL\''''- i.-. i- ~ .
Name
.'
&/-r---- ,/ ,/
~.....~~ '.:- ,~
S~nature,/
Filed this ----L day of
Clerk I Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Site Visit. InvestiQation. Expert Opinion
Agenda Item:l~m No. .fC
..:J~ VI'''< 4-
1 /1
of
body
, 199 71 agenda of
Date of Visit, Investigation or Receipt of Expert Opinion:
<? /;.8 h I
Nature orContact: (check as applicable)
('1 Site Visit
() Investigation
() Expert Opinion
Substance of Contact:
,,(nn.' "- k. -- '''''lA<..<I ). / c~I';.,,-
il ,( >.~-r;A..X I ~' /. ... '(
~ I
Identity of Any Person Participating in Contact:
///1
.;>
~'.-"u~h,^
,
Respectfully,
Councilor Board Member Receiving
Communication:
Nam(ff.l':'<, 1:..'.V,ULI1 r
l _/"
Signature
Filed this ~ day of
Cler / Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
199--2 agenda of
Item No.
g C of
7 -' /-
body
Date of Verbal Communication:
,c/ '._ r
~t'i I~j
Identity of Person or Entit aking Cgmmunication:
r J A _ ..../7,-( il c;{
Subject and Substance of Communication:
_~ c- (' tt:';' <::';~
"
.c
Respectfully,
Filed this ( day of
Councilor Board Member Receiving
Commun)sation: / ,/ . .
/1 A /,z p \./ ..:'.'(16 ~ ~ /.2 c-
Name ) , .' / ./ - -" . /'
" /~:; / // c''';7
Sig'nat~r; 61. ')/ '~/r /
,1941.
CL
Clerk I Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. % ~- of ~,,~,
199 '~ agenda of ~ ~.~,,f ~
bald
Y
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substance of Communication:
/~i?t~' x-~c~,~-? ,~gpz~(4r,,~ ~/~
Respectfully,
Council or Board
Communication:
Name
Member Receiving
Filed this
day of
Signature
~'~¢~, ,19 ?'~).
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. ~. ¢__
199 ? agendaof ~'"~' ~.~....~
'body
of
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substance of Communication:
Filed this / day of
Respectfully,
Council or Board Member Receiving
Communication:
Name
Signature
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. ~ ~ of ,
199 agenda of
body
Date of Verbal Communication: /~/,//~ ~----- ~'/¢ ~ ~ .
'1'' >,' /''
Identity o.~f Person or E_.ntity Makin~g Communication:
Subject and Substance of Communication:
Filed this
Respectfully,
day of
Council or Board M~mber~Receiving
Co/m/munication: ,.._ //~"~ ,,~
Clerk / Secreta~
BERCOW ~. RADELL
July 1, 1997
VIA FACSIMILE
Mr. Jaye Epstein
Community Development Director
City of Aventura
2999 NE 191 Street
Suite 500
Aventura FL 33180
Re:
Aventura Commons Associates, Ltd.
Am~lieation for Special Exeemion (Case No. 01-SE-97)
Dear Mr. Epstein:
This law firm represents Aventura Commons Associates, Ltd., the
Applicant in the captioned matter.
This letter will serve to confirm that, at tonight's City Council hearing, the
Applicant will request that the captioned matter be withdrawn without prejudice.
Thank you for your courtesy and attention.
JB:lm
Mr. Jeffrey L. Berkowitz
PUBLISHED DALLY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
TheMiami Herald PublishingCompany
Before the undersigned authority personally
appeared:
ROSEMARY PINO
who on oath says that he/she is"
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper ha~
heretofore been continuously published in said Dade
County, Florida each day and has been entered aa
second ctass mail maUer at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
DAY OF
My Commission
Expires: October 17, 1997
Virginia J. Gallon.
1997
NOTARY PUBLIC. ~TATE OF FLfZRiD^[
Herald Plaza, Miami, Florida 33132-I693 (305) 350-21 I1
al pain from a difficult childhood. The following year Kofsky and Abrams
I think that no~ until he ~,o~ to sculp~in,~ marficd. He b~gan exhibilin8 his work locally
t." said Laura Popp, his daughter lmm a Scrviccs were held F6day.
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Head,g: Tuesday. July 1.1997
6:30 p.m.
Appl~fl~ Name: Awutura Ba~ To~vnhomes Corp. I
Apptic~ Request: Re applicant is reqnestin~ site plan approval to buid 65
townhousa umt$, such site plan to SUpeme(le mi prevtout)~ N)~ovnd site p~n$.
.N~compet)ytf~ th'~ request ars the followhlg no~l-us~ vari~u~: 1) a no~
vartanco to permit individual garage units to app~ as cr~t tow~rd one (1) m me
tw~ (2) off.al~eet ~kin~ space~ requited per .tow~. out~ un~ 2,ia nml-~
var~ to permit tim garage port,on of the structure to be ~t back ~esa than the
required twenty (20) feet fro? the nearest ed~)o of roedw~y pavement; and 3) a
non-us~ var~ to perm)t mght.(8) feet of s~oe yardi between U~ e~d of ~ group
of townhousne and a pubhc or pnvale street, where fifteen (15) I~t rs required.
/~plic~tion Numbe~. 04-MA-97.
Location Of Subject Property;. Southwest comer of N.E. 185 Street and NE. 31
Avenue
~L~ D~sr..rigtio~: Tract "8': of At~as Terminal Apadments. according to the plat
roof, as re~orded in Plat 9ook 147, at paga 67 of the Publ~ Records of Dado
County, Ftor~a.
Size gl SubJe~ Properly: N)prox~mateh/4.486 acres
Plans ar~ on fll~ and ma/be examined dudng r~ular bualr,~4 ho~rs in the C~
o~ Avmltor&, C4~mmulflty [}~,elopment Degartment. 2999 NE 191 Street. S~e
5(XI, Avent~ Florida, 33180. Pia~s may be modified al or before the PUblK;
Hearthg.
ANTIQUE, JEWELRY
AND COLLECTIBLE8
SHOW AND SALE
· Jg.e 21 SAT. I 1AM - 6PM
· June 22 SUN. NOON - 6PM
Coconut (3rove ExhiblUon Center et Dinner Ke
(eo. Bay~llore & 27 Ave.) Free Parking
Antlque Jewelry, Eacty American furniture, dolls & doll,
Coconut Grove , ~C~-?~ as~ a r~on-profit or anizaUon
F~ Ir~ferma~o~: .... ~ Du~ng sh°~ 5y~n~10
BO~ O~c~ ~ Set~'day & Sor~ at $:'~5 p.m.
(No Adnliaa~l after 5:15 p.m. Sunday)
............ ............ ,
s mt'et,
~,-,,J,, Uv~g Room ~ .
on the surface it seem~ likb'e b
the agility of the 3 Series couple
the luxury of the 7. But the middl
doesn~ like to be compared to t
children. It cries out to be heard
identity ali it~ own. And somebo~
be llstening~ Because"Mof0rTrez
na6~ed the 528i 1997 Import Car
Year. We hoPe this dOesnq~ upset
Other children.
Bremen BMW
2020 Biscayne Blvd.
305-571-1220 :, . '
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
lheMiami He~a!d PublishingCompany
Before the undersigned authority personally
appeared:
ROSEMARY PINO
who on oath says that he/she is"
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
Affiant further says that the said The Miami Heraid
is a newspaper published at Miami, in the said Dade
County, Florida and that ~he said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant filrther
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refiand for the purpose of securing
this advertisement for publication in the said
newspapers(s).
Sworn to and subscrib'ed-~ne th'
DAY OF ., 1997
I' omc~ ~ra¥'s~ .... 'i
· . VIRGINIA J GALL~'N
My Commission [ ,
Expires: October 17 199 ~ NO CC3a..~12 . i
Virginia J allon ' _OCT~..Z~J
One Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, July 1, 1997
6:30 pm
Applicant Name: Miami Beach Healthcare Group, Ltd., a Florida Partnerslqip
d/b/a/Columbia Aventura Hospital and Medical Center
Applicant Request: The applicant is requesting variances toconstruct a three
story n~edical offic(~ building in an EU-5A. Semiprofessional
pplicatlon Number. 02-VAR-97
Location Of Subject Property: south of NE 211 Street between East Dixie
Highway and NE 27 Cou!,t, - Lots I through 40,
inclusivE, .?BlOck K; of Amended P at Hallendale
Park No. 6 Plat BoOk 17 at Page 56 of the Public
Records of Dade County, Rorida
Size of Subject Property: Approximately 2.88 acres
Plans are on file and may be examined during regular business hours in the City.of
Aventura Community Development Departnient, 2999 NE 191 Street, Sb,te
500, Aventura, Florida, 33180. Pans may be modified at or before the Public
Hearing.
T~h.e.~P_u_b[ic Hearing w!ll be held. at Columbia Aventura Medical Arts Building,
] ] ~ u mscayne uomevard, State 101~ Aventura, Florida, 33180.
Your comments may be made in person at the hearing or filed in writing prior to the
hearing date. It is recommended that same be n~ai!ed at least three (3) days
(excluding Saturdays Sundays and Holidays) before the heari.n~ date. Refer to
applicant/.property on correspondence and mail same to C~ty. of Aventura,
Community Development DePartment, 2999 NE 191 Street, Suite S00,
Aventura,Florida, 33180. I~or ~Jrther informat on p ease call (305)466-8940~
Please advise others nterested.
In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need spec al accommodations to participate in this proceed ng
because of that disabilitY Should contact the Office of the City C erk, 466.8901 not
later than two business daYS prior to such proceedings. '
If a persoo decides to appeal any decision made by the City Council with respect to
any matter considered at a meeting or hearing, that person will need a record of the
3roceedings 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. ~i
PLEASE NOTE THAT THE APPLICATION MAY CHANGE DURING THE HEARING PROCESS ~
O6/0:L/97 Teresa M. Smith. C.M.C.. City Clerk
Reach
callThe
Depatxment @ 376~2660.
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dada County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and legal Holidays) newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
JULY 1, 1997
in the ........................ ~[.X ~.~.~ ...................................... Court,
was published In said newspaper In the Issues of
Jun 5, 1997
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dada County, Florida, for a period of
one year next prKedlng the first publication of the attached
copy of .adverllsamant; and affiant further says that she has
neither paid nor promised any pe~q~ or corporation
any diane ; rebate, commie or the purpose
of sec Is advertise Ion in the said
Sworn to and aubecriberi before me thla
5 June 97
........ day of ............................................................ , A.D. 19 ......
(SEAL) I _.~?u.~'~'Y p OFFICIAL ROTARY SEAL
Octolma V. Ferbeyre pe r ~b~. ,a I~:k~o(w~¢..o~ IT~ H E R Y L H.~ MARMER
12 %~l% ~ cc64s384
/ APR., 2,2oo0
CITY OF' AVENTURA -
NOTICE OF PUBLId~ HEARING
DATE AND TIME OF PUBUC HEARING: Tuesday, July 1, 1997
6:30 pm
APPUCANTNAME: Miami Beach Healthcare Group, Ltd., a
Florida Partnership d/b/a Columbia Aventura Hos~)ital and Medical
Center
-- ~- - -~ : The applicant is requesting variances to
construct a three sto~ rnedical office building in an RU-5A, Semi-Pro-
fessional Office District.
APPMCANT NUMBER: 02-VAR-97
LOCATION OF SUBJEC'F PROPERTY: south of NE 211 Street
between East Dixie Highway and NE 27 Court
Lots I through 40. inclusive, of Block K, of 'Amended Plat Hallandale
Park No. 6". Plat Book 17 at Page 56 of the Public Records of Dade
County, Florida
SIZE OF SUBJECT PROPERTY: Approximately 2.88 acres
Plans are on file and may be examlnecl during regular bus[nasa
hours in the City of Aventura, Community Development Department,
2999 NE 191 Street, Suite 500, Aventura, Rorida, 33180. Plans may
be modified at or before the Public Hearing.
The Public Hearing will be held at Columbia Aventura Medical Ans
Building, 21110 Biscayne Boulevard. Suite 101, Aventura, Florida,
33180,
Your comments may be made in person at the hearing or filed in
writing prat_ to the heeling date. It is tanornmended that same be
mailed at least three (3) days e(~xc~uding Saturdays, Sundays an(~
Holidays) before the hearing date. Refer to aoplicant/propa~ty on cor-
respondence and mall same to City of Aventura. Community Devel-
opment Department. 2999 NE 191 Street. Suite 500, Aventura. Florida.
33180. For further information, please call (305) 456-8940. Please aa-
vise others interested.
In accoroance with the Americans with Disabilities Act of 1990. all
oersons who are disabled and who need special accommOaahons to
partic[pste in this proceeding because of that disability should contact
the Office o the City Clerk 466-8901. not tater than two business days
prior to such proceedings.
If a oerson decides to appeal any decision made by the City Council
with respect to any matter considered at a meeting or hearing,
;3arson will need a record of the proceedings and, for such purpose.
may neeo to ensure that a verbatim record of toe proceedings is
made. which record includes the testimony and evidence upon which
the appeal is to be based.
PLEASE NOTE THAT THE APPLICATION MAY CHANGE DURING
THE HEARING PROCESS.
Teresa M. Smith. C.M.C., City Clerk