01-20-1998 CC Meeting AgendaCity of Aventura
City Council
Arthur I. Snyder, Mayor
Jay R. Beskin, Vice Mayor
Arthur Berger
Ken Cohen
Harry Holzberg
Jeffrey M. Perlmv
Patricia Rogers-Libert
Cit'v Manager
Eric M. Soroka
City Clerk
Teresa M. Smith
City Attorney
Weiss Serota & Helfman
AGENDA
Council Meeting
January 20, 1998 - 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
QUASI-JUDICIAL PUBLIC REARINGS - Please be advised that the following items on the
Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items,
please indicate the item number you would like to address when the announcement regarding the
quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to
address the Council, you may be subject to cross-examination. If you refuse to submit to cross-
examination, the Council will not consider what you have said in its final dehberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATiONS PURSUANT TO ORDINANCE 96-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL FOR A REZONING
FROM RU-:}, FOUR UNIT APARTMENT HOUSE DISTRICT TO BU-2,
SPECIAL BUSINESS DISTRICT; GRANTING APPROVAL OF A
SPECIAL EXCEPTION TO ALLOW A HOTEL IN THE BU-2, SPECIAL
BUSINESS DISTRICT; DENYING A NON-USE VARIANCE REQUIRING
A FIVE (5) FOOT HIGH DECORATIVE WALL WHERE NO WALL IS
PROPOSED; APPROVING A RELEASE OF A PREVIOUSLY
January 20, 1998 Council Meeting
APPROVED RESOLUTION NO. 4-ZAB-167-77; APPROVING A
RELEASE OF A PREVIOUSLY APPROVED RESOLUTION NO. 5-ZAB-
425-95; APPROVING A MODIFICATION OF A PREVIOUSLY
APPROVED RESOLUTION NO. Z-181-95 WHICH GRANTED A NON-
USE VARIANCE OF SIGN REGULATIONS TO PERMIT SIX (6) WALL
SIGNS WHERE TWO (2) WALL SIGNS ARE PERMITTED AND WHICH
CONDITIONED APPROVAL UPON A SPECIFIC SITE PLAN FOR THAT
CERTAIN PROPERTY LOCATED EAST OF BISCAYNE BOULEVARD
BETWEEN NE 191 STREET AND NE 193 STREET; PROVIDING AN
EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR
RAINFOREST CAFe, INC., LOCATED AT 19501 BISCAYNE
BOULEVARD, TO PERMIT A SECOND EXTERIOR WALL SIGN
WHERE ONLY ONE WALL SIGN IS PERMITTED; APPROVING A
SIGN VARIANCE TO PERMIT THE SECOND EXTERIOR WALL SIGN
TO HAVE A LARGER SIGN AREA THAN WHAT IS PERMITTED;
PROVIDING AN EFFECTIVE DATE.
Ce
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE AVENTURA LAKES
PHASE I FINAL PLAT, SECTION 34, TOWNSHIP 51S, RANGE 42E OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING
FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE SOFFER REDLICH
REPLAT, SECTION 34, TOWNSHIP 52S, RANGE 42E OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
APPROVAL OF MINUTES: Council Meeting January 6, 1998
Council Workshop January 12, 1998
$. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL pRESENTATIONS:
7. CONSENTAGENDA
Ao
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL
January 20, 1998 Council Meeting
CONSULTING SERVICES WITH BERMELLO, AJAMIL, & PARTNERS,
INC. TO PERFORM MUNICIPAL PUBLIC TRANSIT STUDY AS SET
FORTH IN ISQ 97-12-2-2 IN THE AMOUNT OF $28,000; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes execution of Agreement with Bermello, Ajamil & Partners to perform
municipal Public Transit Study)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A RESIDENCY POLICY FOR
UTILIZATION OF AVENTURA FOUNDERS PARK TO PROVIDE
PRIORITY TO CITY RESIDENTS; ESTABLISHING A FEE SCHEDULE
FOR GUESTS AND NON RESIDENTS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
(Provides priority to residents for use o£Founders Park and provides user fees for
non-residems and guests)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS
REGULATIONS, LICENSES AND PERM1TS" AT SECTION 18-42 "TAX
SCHEDULE," TO REVISE THE OCCUPATIONAL LICENSE TAX RATE
FOR THE CLASSIFICATION OF "ASTROLOGER, PSYCHIC,
FORTUNETELLER"; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
(Provides for change in Occupational License classification and fee structure for
Astrologer, Psychic and Fortuneteller)
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $79,000
FOR EMERGENCY CALL BOXES, RADIO EQUIPMENT, FIVE
LAPTOP COMPUTERS AND DRUG AND CRIME PREVENTION
PROGRAMS FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM
DATED JANUARY 15, 1998.
(Provides appropriation of funds for emergency call boxes on Country Club Drive,
radio equipment for street crimes unit, additional laptop computers and funding for
drug and crime prevention programs)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR THE BILLING OF
STORMWATER CHARGES BY AND BETWEEN THE CITY OF
January 20, 1998 Council Meeting
AVENTURA AND METROPOLITAN DADE COUNTY WATER AND
SEWER DEPARTMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes execution of Agreement with Miami-Dade County for stormwater
utility billing and collection)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE PREPARATION OF AN
INTERIM SERVICE FEE REPORT BY TISCHLER & ASSOCIATES,
INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
(Authorizes preparation of an Interim Service Fee Report by Tischler &
Associates, Inc. relative to properties not yet included on the County's tax roll.)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING SECTION 1 OF CHAPTER 26, "ELECTIONS" PROVIDING
THAT Tl~E CITY CLERK SHALL CANVASS ELECTION RETURNS
WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF
ELECTION; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
(Provides that the City Clerk shall canvass all municipal elections and provide
certification of election results)
OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION RELATING TO BILLBOARDS
(Councilmember Cohen)
9. REPORTS
'l 0. PUBLIC COMMENTS
'l 'l. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
TOWN HALL MEETING
COUNCIL MEETING
January 28, 1998
February 3, 1998
7 p.m.**
6 p.m.
January 20, 1998 Council Meeting
COUNCIL WORKSHOP
COUNCIL MEETING
To be determined
February 17, 1998
*Government Center 2999 NE 191~t Street Suite 500
**Point East Condomimum- Rose Room
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council ~
Eric M. Soro{/l~. ,~C/~anager
Jaye M. Eps't'ein,(~ Director of Community Development
January 7, 1998
Request of Champion Retail Limited Partnership for a Rezoning, Special
Exception and Non-Use Variance (08-MA-97)
January 20, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that (1) the request for the Rezoning be granted; (2) the request for
the Special Exception be granted with the condition that the billboard on the property be
removed by December 31, 1998, as agreed by the property owner; (3) the request for
the Non-use Variance be denied; and (4) previously approved Resolutions, as specified
in this report, be released or modified.
THE REQUEST
The applicant, Champion Retail Limited Partnership, is requesting approval of the
following to construct a shopping center and a hotel on the subject property (see
application as attached Exhibit #1):
1. Rezoning from RU-3, Four Unit Apartment House District to BU-2, Special Business
District;
2. Special Exception to allow for a hotel in the BU-2, Special Business District where
otherwise permitted in the RU-4A, Hotel Apartment House District; and
3. Non-use variance from zoning regulations requiring a five (5) foot high decorative
wall where no wall is proposed.
Additionally, staff has requested that the applicant release or modify the following
Miami-Dade County Resolutions as part of the application:
1. Release of a previously approved Resolution No. 4-ZAB-167-77 which granted a
variance of zoning regulations to permit the use of auto mechanical work to be
conducted from under an open aluminum awning, in lieu of an enclosed building and
a variance of setback requirements to permit the aluminum awning to be set back
less than that which is required by the Miami-Dade County Code.
Release of previously approved Resolution No. 5-ZAB-425-95 which granted a non-
use variance of sign regulations to permit a detached sign where none are
permitted.
Modification of previously approved Resolution No. Z-181-95 which granted a non-
use variance of sign regulations to permit six (6) wall signs where two (2) wall signs
are permitted and which conditioned approval upon a specific site plan.
Please note that signage for the proposed development is not part of this application.
The applicant is requesting Multi-Tenant Center approval by separate application.
BACKGROUND
OWNER OF PROPERTY:
Champion Retail Limited Partnership
NAME OFAPPLICANT:
Champion Retail Limited Partnership
LOCATION OF PROPERTY:
East side of Biscayne Boulevard between NE
191 Street and NE 193 Street
SIZE OF PROPERTY:
Approximately 12.78 acres
LEGAL DESCRIPTION:
See attached Exhibit #2
Zoning- BU-2, Special Business District; BU-3, Liberal Business District; and RU-
3, Four Unit Apartment House District
The properties to the north are zoned BU-2, Special Business District and RU-3, Four
Unit Apartment House District, the properties to the east are zoned BU-2, Special
Business District, the properties the south are zoned BU-3, Liberal Business District
and BU-2, Special Business District. Biscayne Boulevard and the F.E.C. Railroad lie to
the west of the property.
2
Existing Use - Commemial uses adjacent to Biscayne Boulevard; the remainder of
the land is vacant
The properties to the north consist of retail uses and an F.P.L. station followed by the
William Lehman Causeway, the properties to the east consist of office uses, the
properties to the south consist of retail and office uses. Biscayne Boulevard and the
F.E.C. Railroad lie to the west of the property.
Future Land Use Designation - Business and Office
The properties to the north, east and south are currently designated Business and
Office according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County,
Florida. Biscayne Boulevard and the F.E.C. Railroad lie to the west of the property.
The Site - The subject property is located along the east side of Biscayne Boulevard
between NE 191 Street and NE 193 Street. The size of the property is 12.78 acres
with approximately 600' of frontage on Biscayne Boulevard and a depth of
approximately 860'. (See Exhibit #3 for Location Map and Exhibit #4 for Aerial Photo).
The site is currently platted and consists of 67 individual lots. The applicant is
simultaneously requesting approval, under separate application, to replat the property
so as to combine the individual lots into a unified property.
The Project- The applicant proposes to construct 99,976 square feet of retail
space and a five-story hotel. The hotel is to be located on the eastern portion of the
property, behind two outpamels and the retail center. The outparcels, which are
fronting Biscayne Boulevard, are proposed to consist of a bank and a restaurant.
The property was previously approved for a similar commercial development in 1995 by
Resolution Z-181-95. The present application expands the previously approved site
plan to incorporate additional lots to the west along Biscayne Boulevard. The new site
plan calls for removing the existing commercial uses on these lots with the exception of
the Travel Agency and the Animal Hospital. The Travel Agency will remain in its current
location and is not part of this application. The applicant intends to relocate the Animal
Hospital into the new retail space.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the Dade County Comprehensive Development Master Plan.
Citizen Comments - The City has not received any comments regarding this
application.
DERM - DERM has reviewed the subject application and offers no objection to its
approval.
Landscape Architect- The City's Landscape Architect has reviewed the plan,
worked closely with the applicant's Landscape Architect and approved the proposed
Landscape Plan.
Community Development Department Analysis -
The applicant's requests for a Rezoning, Special Exception and Non-use Variance are
evaluated separately below.
Rezoning
The applicant is requesting a rezoning of four (4) individual lots and a portion of right-of-
way from RU-3, Four Unit Apartment House District to BU-2, Special Business District.
(See Exhibit #5 for the complete legal description of the land to be rezoned.)
The majority of the subject property is zoned BU-2, Special Business District. The strip
of lots along Biscayne Boulevard is zoned BU-3, Liberal Business District. The
individual lots that comprise the subject property have been rezoned over the past three
decades from RU-3, Four Unit Apartment House District to BU-2 and BU-3. The four
subject lots are the few remaining lots that have not been rezoned to BU-2 over the
years.
The applicant proposes to rezone a portion of NE 193"~ Street from RU-3 to BU-3. The
applicant will acquire this land if the abandonment is approved through the replatting of
the property. The rezoning requests, if granted, will allow for the property to be entirely
zoned for commercial development.
The criteria for evaluating a rezoning request, as required by Miami-Dade County, is as
follows:
1. The development permitted by the application, if granted, conforms to the
Comprehensive Development Master Plan for Metropolitan Dade County, Flodda; is
consistent with applicable area or neighborhood studies or plans, and would serve a
public benefit warranting the granting of the application at the time it is considered.
The request for the rezoning is consistent with the Dade County Comprehensive
Development Master Plan. Objective 5D of the Land Use Element requires that
"Zoning shall be consistent with the Comprehensive Plan, and if deemed necessary
to remedy an inconsistency, rezoning action shall be initiated." The subject
properties are currently designated Business and Office according to the Adopted
2000 and 2010 Land Use Plan for Metro-Dade County, Florida. The current zoning
designation for some of the properties, however, is RU-3, Four Unit Apartment
House District. The rezoning of those properties to a business use is not only
4
desirable, but necessary to achieve consistency with the Comprehensive
Development Plan.
The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the environmental and natural resources of Metropolitan
Dade County, including consideration of the means and estimated cost necessary to
minimize the adverse impacts; the extent to which alternatives to alleviate adverse
impacts may have a substantial impact on the natural and human environment; and
whether any irreversible or irretrievable commitment of natural resources will occur
as a result of the proposed development.
The Miami-Dade Department of Environmental Resources Management (DERM)
has evaluated the request insofar as the general environmental impact that may
derive from it and offers no objection to the development's approval.
3. The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the economy of Metropolitan Dade County, Flodda;
The development permitted by the application will not have an unfavorable impact
on the economy of Metropolitan Dade County.
The development permitted by the application, if granted, will efficiently use or
unduly burden water, sewer, solid waste disposal, recreation, education or other
necessary public facilities which have been constructed or planned and budgeted
for construction;
The development will not inefficiently use or unduly burden necessary public
facilities. DERM has determined that the development will not result in a reduction
in the level of service (LOS) standards for water, sewer or solid waste disposal.
5. The development permitted by the application, if granted, will efficiently use or
unduly burden or affect public transportation facilities, including mass transit, roads,
streets and highways which have been constructed or planned and budgeted for
construction, and if the development is or will be accessible by public or pdvate
roads, streets or highways.
The development is located within the Concurrency Exemption Area for
transportation facilities and is therefore not subjected to concurrency determination.
The applicant has worked closely with the City Engineer to reduce the
development's impact on both Biscayne Boulevard and NE 191 Street, the two
public roads by which the development is accessible.
5
Recommendation:
Staff recommends approval of the rezoning after finding the request consistent with the
goals, objectives and policies of the Comprehensive Development Plan, as well as
compatible with the existing and future surrounding land uses.
Special Exception
The applicant is requesting a Special Exception from Section 33-253 of the Miami-Dade
County Code Special Exception to allow for a hotel in the BU-2, Special Business
District where otherwise permitted in the RU-4A, Hotel Apartment House District.
The criteria for evaluating a Special Exception, as required by Miami-Dade County, is
as follows:
1. The request would not have an unfavorable effect on the economy of Dade County:
The request to build a hotel in a business district would not have an unfavorable
effect on the economy of Dade County. The request would likely be an economic
asset to the businesses within the City, which are presently supported by only one
hotel.
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. DERM has determined that the
development will not result in a reduction in the level of service (LOS) standards for
water, sewer or solid waste disposal.
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; and
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. The request is consistent with Objective 3C of the Comprehensive
Development Plan, which supports infill development on vacant sites in currently
urbanized areas.
The necessity for and reasonableness of such applied for exception in relation to the
present and future development of the area concerned and the compatibility of the
applied for exception with such area and its development.
6
The request to build a hotel in a business district is not an unreasonable request. A
hotel is essentially a commercial use and more likely to be welcomed by other
commercial uses than it would by a residential community. The proposed hotel
would be compatible with the surrounding retail and office uses.
Recommendation:
Staff approves the request to locate a hotel in the BU-2 district. A hotel is compatible
with existing and future land uses in the area.
Non-Use Variance
The applicant is requesting a Non-use variance from Section 33-253.7 of the Miami-
Dade County Code requiring a decorative masonry wall, at least five (5) feet in height,
to be erected on the business lot along the common property line separating a BU and
RU district.
Prior to the replat of the subject property, NE 193~ Street separated the subject
property from the F.P.L station to the north. NE 193~ Street is to be closed with the
replat and will no longer separate the two properties. As a result, the northeast corner
of the subject property, which is zoned BU-2, will abut the F.P.L. station site to the
north, which is zoned RU-3. A Non-use variance is requested to delete the wall
requirement between these two districts.
The criteria for evaluating a Non-Use Variance, as required by Dade County, is as
follows:
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 intent of the regulation requiring the wall is to protect the residential use from
the commercial use. Although located within a residential district, the F.P.L. station
does not constitute a residential use and does not need to be shielded from the
proposed commercial development. However, with respect to compatibility, it may
be desirable to shield the commercial development from the F.P.L. station. The
hotel, in particular, may be adversely affected by the appearance of the F.P.L
station if the requirement for the wall is waived.
2. No showing of unnecessary hardship to the land is required.
7
Recommendation:
Staff recommends denial of the Non-use Variance to waive the wall requirement. The
wall will serve the purpose of protecting the hotel from the unsightly F.P.L. station.
Previous Resolutions
Staff recommends that the City Council release or modi~ the following Resolutions
prior to granting any new approvals.
Release of a previously approved Resolution No. 4-ZAB-167-77 which granted a
variance of zoning regulations to permit the use of auto mechanical work to be
conducted from under an open aluminum awning, in lieu of an enclosed building and
a variance of setback requirements to permit the aluminum awning to be set back
less than that which is required by the Dade County Code.
This Resolution should be released since auto mechanical work performed outdoors
is not compatible with the surrounding land uses.
Release of previously approved Resolution No. 5-ZAB-425-95 which granted a non-
use variance of sign regulations to permit a detached sign where none are
permitted.
This Resolution should be released since the applicant is requesting Multi-Tenant
Center approval and does not intend to use the Sign Variance approved by this
Resolution.
Modification of previously approved Resolution No. Z-181-95 which granted a non-
use variance of sign regulations to permit six (6) wall signs where two (2) wall signs
are permitted and which conditioned approval upon a specific site plan.
The Sign Variance approval should be released since the applicant is requesting
Multi-tenant Center approval and does not intend to use the Sign Variance approved
by this Resolution.
Condition #2 of this Resolution requires that the plan for the property be
substantially in accordance with "Biscayne Blvd. Plaza," as prepared by Arc-tech
Associates Incorporated, dated last revised 9/28/95. This condition must be
released before the new site plan submitted with the present application can be
approved.
8
Existin.q Billboard
Staff has worked with the property owner and requested that the existing billboard be
removed as a condition of Special Exception approval. The property owner has agreed
to remove the billboard by December 31, 1998.
SUMMARY
(1) Staff recommends approval of the request to rezone land from the RU-3 to the BU-2
District. The rezoning request is consistent with the goals, objectives and policies of the
Comprehensive Development Plan, as well as compatible with the existing and future
surrounding land uses. (2) Staff recommends approval of the Special Exception
request to locate a hotel in the BU-2 district with a condition (see below). A hotel use
would be compatible with existing and future land uses in the area. Special Exception
approval is conditioned upon the removal of the existing billboard. (3) Staff
recommends denial of the Non-use Variance to waive the wall requirement. The wall
will serve the purpose of protecting the hotel development from the unsightly F.P.L.
station. (4) Staff recommends release or modification of previously approved
Resolutions as specified in this report.
CONDITIONS
It is recommended that the request for the Special Exception be granted subject to the
following conditions.
STANDARD CONDITION
1. Applicant shall commence utilization of the Special Exception granted by obtaining
building permits within 12 months of the date of this Resolution or the Special
Exception granted shall be deemed null and void unless the term is extended by the
City Council prior to its expiration.
PROJECT SPECIFIC CONDITION
1. The billboard currently located on the subject property shall be removed by
December 31, 1998.
9
CHAMPION RETAIL LIMITED PARTNERSHIP
LETTER OF INTENT
RECEIVED
December 16, 1997
City Council
City of Aventura, FL
Ladies and Gentlemen:
The undersigned requests your favorable review and consideration of the following:
A district boundary change from RU-3 to BU-2 on lands described in the
attached application.
The property is located north of 191st Street and east of Biscayne Boulevard. It is
actually part of a larger site which is plauned for development. The overall bulk of the
property is zoned BU-2 although there is some BU-3 frontage along Biscayne Boulevard.
The present request i~ tO allow for the rezoning to BU-2 of the final lots which still
maintain the old underlying RU-3 zoning.
The request to BU-2 will allow for the area to be completely zoned for commercial
development. This would be consistent with development both to our north and to our
south. Further it will allow for a unified site plan for development in an area that is noTM
totally commercial. Residential use is no longer consistent nor compatible with
development in this area. Accordingly we believe the request to be appropriate.
In closing we again request your favorable review and consideration.
Sincerely yours,
EXHIBIT #1
2875 N.E, 191 ~ St/Suite 400/Aventur~ FL 33180 005) 937-6200 Fax (305) 933 551 I
CHAMPION RETAIL LIMITED PARTNERSHIP
LETTER OF ~
December 15, 1997
City Commission ·
Aventura, Florida
RECEIVED
DEC 2 2 1997
COMMUNITY DEVELOPMENT
Ladies and Gentlemen:
The undersigned requests your favorable review and consideration for the following:
A modification ora previously approved site plan and a special exception to allow for a
hotel in the commercial district as reflected in the attached plans and application.
The property is located on the east side of BisoaYne Boulevard lying between N.E. 191 st
Street and N.E. 193rd Street. This particular property was approved for development in
accordance with zoning resolution Z-181-95. This resolution was passed by the Dade
County Board of County Commissioners on December 7, 1995. That particular zoning
resolution allowed fo.r a site plan to include certain variances as it relates to wails and
signage. The presenf application expands that site plan to incorporate more land area. In
addition it provides for a more unified site plan. A copy of the previously approved site
· plan is attached to this letter for your reference.
The present site plan expands the basic property configuration as previously approved. It
adds land area both to the northwest and southwest. In addition structures that were
along the Biscayne Boulevard frontage are being removed with the exception of one
existing building. Two free standing buildings are proposed on the site plan. The use of
these buildings could be restaurantJfinanee~retail~ This will be determined later. The
existing animal hospital is relocated back in line with the proposed stores. Basically the
site plan allows for a series of stores that are setback a substantial distance from Biscayne
Boulevard with two free standing buildings proposed for the front. The parking area is
located in the front. One access drive is provided on Biscayne Boulevard. Access is aiso
provided off of 191st Street as well as 193rd Street. The side access drives provide access
onto the site unobstructed by parking which would back into the drive aisle. The entry
drive off of Biscayne Boulevard is intended to be a lesser used access. Accordingly af[er
entering the site a vehicle must turn lefr or right and proceed through drive aisles in order
to locate a parking space. However there is no median opening on Biscayne Boulevard.
Therefore this should be a secondary access.
2875 N.E. 191st St./Suite 400/Aventu~ FL 33180('305)937-6200 Fax('305) 933 5511
City Commission
December 15, 1997
Page 2
In addition to the site plan being changed a hotel is also proposed for the eastern most
portion of the property. Because the property is zoned commercial a special exception to
allow for a hotel is necessary. That request is ineluded as part of this application. The
proposed hotel is a five story building. It has an entry which ineludes a canopy as well as
a separate pool area. Separate access is provided fi.om both the south side and north side
of the property. We believe the site as configured works well and allows for good
vehicular and pedestrian circulation. Substantial landscaping is reflected on the attached
plans which screens the hotel use fi.om the rear of the commercial use.
As part of the replat of this property the road for what is currently N.E. 193rd Street is to
be closed. As a result of that closing the utility station site which is located to the north of
our property will now abut our property rather than be separated by a public fight of way.
Since the property is zoned commercial for the development and the utility station is
zoned residential, a variance to delete the wall requirement where commercial and
residential zoning abut is also requested. Similar variances have been granted previously.
Accordingly we believe this variance is compatible and should be approved.
The property to the east is improved with a ten story office building. A commercial site
exists to the north which includes "Kids R Us". South is the Loehmann's Plaza Shopping
Center as well as miscellaneous commercial uses.
The site plan as presented we believe is consistent with the type of development which the
City of Aventura is seeking. Stores are located a substantial distance back from Biscayne
Boulevard. Traffic is directed offofBiscayne Boulevard to access the site. This enhances
traffic flow by minimizing turning movements along Biscayne Boulevard. The location of
our drives which are a substantial distance east of Biscayne Boulevard allows for traffic to
clear Biscayne Boulevard and minimize traffic delays. In addition at 191 st Street and
Biscayne Boulevard is a traffic signal which should enhance traffic movement.
In summary except for the hotel the proposed site plan for the shopping center is
essentially the same as what was previously approved. Some additional land area has been
incorporated to allow for a more unified site plan. In addition a five story hotel allows for
a transition between the shopping center use and the office building use to our east. We
believe these uses are compatible and work well together. The traffic generated by a hotel
is minimal by comparison to a commercial use. In addition the traffic use for a hotel is
generally at differing hours fi.om the peak hours of a retail use. Hotel guests generally are
not placing cars on the street during peak hour times. In summary we believe this is a
quality use of this property. It provides both retail uses and a hotel use which are essential
for this area. In addition a moderately priced hotel facility should fill an existing void in
this area.
City Commision
December 15, 1997
Page 3
In elos'mg we again request your favorable review and consideration.
Sineerelyyours,
CiTY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
(305) 466-8940
PUBLIC HEARING APPLICATION FOR REZONING
DATE: December 15. 1997
PROPOSED PROJECT NAME: Champion Retail Ltd.
LOCATION: N.E. 191st Street & Biscayne Boulevard
LEGAL DESCRIPTION: See Attached
FOLIO NUMBER(a):
CURRENT ZONING:
CURRENT LAND USE:
30-2203-004-0010-0040
30-2203-006-0030-0280
RU-3 PROPOSED ZONING: ~U.-2
vacant, travel a~ent, vet office, car rentals & billboard sign
PROPOSED USE OF PROPERTY: (Attach additional sheets if necessary)
Shopping Center & Hotel
Name of Applicant or Contact Pemon:
Champion Retail Ltd. - Phil Ward
Phone No.:
859-8774
Addresa of Applicant:
2875 N.E. 191 Street, Suite 400, Aventura, Florida 33180
Name of Property O~mer (if other than AppLicant): Phone No.:
Addmsa of Property O~ner:.
The following d,~-.ments are roquirod to be submitted with and are deemed to be
incorporated Int~ this petition, as aoDllcable:
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT.
Please describe in detail, whether and to what extent the requested development action serves
a public benefit which would warrant the granting of the request and specific j&~tification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may result in the denial of your application.
One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if
necessary, authorization to another individual to represent the applicant.
One (1) original, current (within 30 days) Ownemhip and Encumbrances Report for the subject
property and copies of documents referenced in that report.
__ A complete zoning histow of the property is required. The attached Certificate of Resolutions
form must be completed and signed by a Metro-Dade employee from the Zoning Information
Section.
Twelve (12) copies (folded) of a registered, currant (within 30 days), signed and sealed survey
of the subject property, based upon the Ownership and Encumbrances Report. Surveys must
delineate existing natural features, easements, existing structures and uses, and existing utility
lines.
__ LotJParcel Analysis, Including, but not limited to, the following information relative to lots and
parcall In each zoning district: number of parcels, and acreage in each parcel. For Single
Family developments please provide: number of lots, smallest lot size, and average lot size.
Twelve (12) sets of photographs of existing structures on site and/or 8'x10' color photographs
or color rendering of proposed construction.
Twelve (12) copies (folded) liquor survey, prepared and sealed by a registered land surveyor,
with 1,500 ff. radius (required for approval of lounge, bar or package liquor store only).
Disclosure of Interest Form
ts this hearing being requested as a result of a violation notice or summons?
Yes __ No x If yes, In whose name was the vlotsflon or summons notice served?
Nature of violation ~..~ ;
Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property.
Yes; see a~tached
Is there an option to purchase or lease subject property or property contiguous thereto,
predicated on the approval of thts application? Yes __ No x
If yes, who are the affected parties?
(Copy of pumhase contract must be submitted with this application).
Are there plans representing new construction?
Has construction started?
Has construction been completed?
Are there any extsting structures on the property?
Will the extsflng structures be demolished?
Yes x No
Yes No x
Yes.__ No x
Yes ~ No x
Yes No x
2. Labels, Notification and Advertisinq (Pursuant to Ordinance No. 97-15)
ALL COSTS OF ADVERTISING, MAILING AND POSTING SHALL BE BORNE BY THE
APPLICANT.
The Community Development Department shall prepare and coordinate a published notice of the
application and the mailing of a courtesy notice using labels provided by the applicant.
The following is required of the applicant and must be i~resented with any and all aoolications:
One (1) notarized copy of a list of the names and addresses of all property owners located
within 300 foot radius of the exterior boundary of the subject property. If the~bject property
constitutes only a portion of a contiguous ownership parcel, the exterior bouh~ary from which
the appropriate radius is to be projected will be the extedor boundary of the entire contiguous
ownership parcel.
One (1) set of elf-adhesive labels of the same list to be used for mailing purposes. Failure of
applicant to provide the required labels will constitute an incomplete submittal package and may
cause the delay of the public hearing until sush time that the required labels are received.
The subject property shal~be posted no later than ten (10) days pdor to the public hearing.
Such posting shall be displayed in a manner conspicuous to the public, by a sign or signs no
lass than 24" x 38" In size and ~ntalnlng Information ~oncarnlng the application, Including but
not limited to, the applied for zoning action and the time and place of the public hearing.
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
(305) 466-8940
PUBLIC HEARING APPLICATION FOR SPECIAL EXCEPTION
DATE: December 15, 1997
PROPOSED PROJECT NAME: Chamoton Retail
LOCATION: H.E. 191st Street & Biscayne Boulevard
LEGAL DESCRIPTION: See attached
30-2203-004-0010-0040
FOLIO NUMBER(e): 30-2203-006-0030-0280
vacant, travel agent, vet office
CURRENT ZONING: BU-~. __ CURRENT LAND USE: car rentals and billboard sign
PROPOSED USE OF PROPERTY: (Attach additional sheets If necessary)
Shopping Center and Hotel
Name of Applicant or Contact Person:
Champion Retail Ltd. - Phil Ward
Phone No.:
859-8774
Address of Applicant:
2875 N.E. 191 Streett ~uite 40~. Av~nturm. FL 33180
Name of Property Owner (~ other than Applicant):
Same as above
Phone No.:
Address of p~*~erty Ow'nec
Same ~s above
The followin,q documents are required to be submitted with and deemed to be
incorporated I?t~ this netiflon, as applicable:
ALL APPLICATIoNs MUST BE ACCOMPANIED BY A LETTER OF INTENT.
Please describe in d~etail~ whether and to what extent the requested development action serves
a public benef*([ which would warrant the granting of the request and specific justification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may result in the denial of your application.
One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if
necessary, authorization to another individual to represent the applicant.
One (1) original, current (within 30 days) Ownership and Encumbrances Report for the subject
property.
A complete zoning history of the property is required. The attached Certificate of Resolutions
form must be completed and signed by a Metro-Dade employee from the Zoning Information
Section.
Ten (10) copies (folded) of a registered, current (within 30 days), signed and sealed survey of
the subject property, based upon the Ownership and Encumbrances Report. Surveys must
delineate existing natural features, easements, existing structures and uses, and existing utirity
lines.
Ten (10) copies (folded) liquor survey, prepared and sealed by a registered land surveyor, with
1,500 ff. radius (required for approval of lounge, bar or package liquor store only).
J
Ten (10) sets of photographs of existing structures on site and/or 8"x10' colo! photographs or
color rendering of proposed construction.
Disclosure of Interest Form
Is this heating being requested as a result of a violation notice or summons?
Yes .-- No ~[ If yes, In whose name was the violation or summons notice served?
Nature of violation
Does property ovmer own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property.
Yes~ ~:T~ct "B" doned Sub. 138-5
Is there an option to purchase or lease subject property or property contiguous thereto,
predicated on the approval of this application? Yes __ No
If yes, who are the affected parties?
(Copy of purchase contract must be submitted with this application).
Are there plans representing new construction?
Has construction started?
Has const]'uction been completed?
Are there any existing structures on the property?
Will the existing structures be demolished?
Yes x No__
Yes No x
Yes No x
Yes X No__
Yes x No
2. Labels, Notification and Advertisinq (Pursuant to Ordinance No. 97-15)
ALL COSTS OF ADVERTISING, MAILING AND POSTING SHALL BE BORNE. BY THE
APPLICANT.
The Community Development Department shall prepare and coordinate a published notice of the
application and the mailing of a courtesy notice using labels provided by the applicant.
The following is required of the applicant and must be presented with any and all applications:
One (1) notarized copy of a list of the names and addresses of all prepeAy owners located
within 300 foot radius of the exterior boundary of the subject propeAy. If the subject property
constitutes only a portion of a contiguous ownership parcel, the extedor boundary from which
the appropriate radius is to be projected will be the exterior boundary of the entire contiguous
ownership parcel.
One (1) set of self-adhesive labels of the same list to be used for mailing purposes. Failure of
applicant to provide the required labels will constitute an incomplete submittal package and may
cause the delay o~ the public hearing until such time that the required labels are received
The subject property shall be posted no later than ten (10) days prior to the public headng.
Such posting shall be displayed in a manner conspicuous to the public, by a sign or signs no
less than 24" x 36" in size and containing information concerning the application, including but
not limited to, the applied for zoning action and the time and place of the public hearing.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
(305) 466-8940
PUBLIC HEARING APPLICATION FOR NON-USE VARIANCES
DATE: December i5r 1997
PROPOSED PROJECT NAME: Champion Reta~ 1
LOCATION: N.E. lglst S~reet & Biscayne Boulevard
LEGAL DESCRIPTION: See attached
FOLIO NUMBER(s):
CURRENT ZONING:
30-2203-004-0010-0040
30-2203-006-0030-0280
vacant, travel agent, vet office,
BU-2 CURRENT LAND USE: car rentals and b~llhnmrd ~En.
PROPOSED USE OF PROPERTY: (Attach additional sheeta if neceseary)
Shopping Center and Hotel
Name of Applicant or Contact Pemon:
Champion Retail Ltd. - Phil Ward
Phone No.:
859-8774
Address of Applicant:
Name of Property Owner (if other than Applicant): Phone No.:
Address of Property Owner:
2875 N.E. 191Street~ Suite 400~ Aventurat FL 33180
The followinq documents are required to be submitted with and deemed to be
incorporated into this petition, as applicable:
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LE~-I'ER OF INTENT.
Please descdbe in detail, whether and to what extent the requested development action serves
a public benefit which would warrant the granting of the request and specific justification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may result in the denial of your application.
One (1) odginal application, signed and notarized by the applicant, owner and/or attorney and, if
necessary, authorization to another individual to represent the applicant.
One (1) copy of the letter from the Community Development Department stating the non-use
variance(s) required to be approved by the City Council in order to receive Site Plan approval.
LOTS I THRU [2 BLOCK So LOTS I THRU i~ BLOCK 6 AND THE lO.O0 FOOT
ALL~Y IN SAID BLOCKS 5 AND ~.
TOGETHER WITH I
LOTS I THRU 7. LOTS I5, lbo i?, ic~ AND LOT~ R AND B
AND . ~-.
LOTS 8 TH~ 14. L~SS T~ N~T ~.~0 F~ THEREG~
AND
ALL OF THE il.OO FOOT ALlY LYING EAS]~LY OF SAID LOT~ B THRU
TOGETHER Nt ~ :
LOTS 1. 2, 5, 4, 5 AND 7, ~TS i7, i8, i~, 20, 2i AND
AND
~OTS B ~RU. ~4, ~GG ~ W~T ~,~ ~ ~R~CF AL~ XH
AND
AL~ OF TH~ X~,O0 ~DT ~ ~YZNG EAST~LY ~F DAID COTS B THRU
IN SAID BLOCK 2, AL~ OF ~E ABQ~ D~CRI~ pA~'C~ LYING
"~H~DED F~T OD ~RZTAN'G ADDITION ~ Q~U~, FLORIDA ",
TO ~E P~T ~EDF ~ RE~QRD~ ZN ~T BDQK ~, AT PAGE
T~ PUBLIC RECORDS OF DAD~ CD~,
TOGETHER. WITH
LOT IS, BL~CK i. LEGS THE SOUTH lO. GO D-E_ET THEREOF,
AND
LOTS 15 AND ih, BL,CCK 2, ~S ~ ~0~ 10.00 F~ ~EREOF
AND
LOT b, BLOCK 2. ~SS ~ NOR~ 10.00 P~ ~F. OF, ALL OF
BRITAN SUBDIVISION ". ACCORDING TO ~E P~T ~REOF AS ~CORDED
IN PLAT BOOK 7~ AT pAGE i. OF ~E PUBLIC RECORI:S OF BADE COUNTY.
FLOR i DA.
T~ i'VE ~:
~ "A". LESS ~ ~ST 2.50 ~E'I ~EOF A~ ~A~' "B" ALL OF" DO~D
SUDDI~SION ". ACCO~G TO
138~ AT PAGE 5. OF
TOGETHER W[~
ALL THAT pQRT[~ OF N.E. l~2nd. ~TR~, AS SHOHN ON SAID PLAT OF
O~S. ~o~A" ~ BO~ ON ~ ~ A~ FOL~W~:
~ SO~ ~ OF SA~ N E 192~ S~ BY ~ NOR~RLY ~SION OF
' ' ' ' ~T 8, BLOCK I A~ ~ NOR~
~E ~ST ~ OF~ ~ ~.10 ~O~ S~
HALF OF S~ N.E. 192a~ S~E~ BY ~ So~Y E~NSION OF TF~ EAST
b~E OF ~ ~ ~.]0 FE~ OF SAID L~ 14. BL~K 2 ALL OF SAID PLAT OF
"AM~ED p~T OF B~'S ~D~ON ~ O~S, ~ORIDA"
TOGETHER WITH :
ALL THAT PORTION OF N.E. 2S~ho AVENUE BOUNDED ON THE NORTH BY THE
WESTERLY EXTENSION OF THE NORTH LINE UP SAID BLOCK 5 AND BOUNDED
ON THE SOUTH BY THE WEG~ERLY EXTENSION OF THE SOUTH LINE OF SAID
BLOCK &. ALL UP SAID PLAT Or # AMENDED PLAT OF B~ITAN'S ADDITION
TO OOUS, PLORIDA ",
TOGETHER WITH :
ALL THAT PORTION OF N.E. l~Srd. STREET AB SHOWN ON THE FOLLOWING
DESCRIBED PLATS : ' NORTH BIB~AYNE AORES SECTION 2 ". AG RECORDED
IN PLAT BOOK 40, AT PA~E ~B, " AN~.NDED PLAT OF BRITAN'S ADDITION
TO OOUS, FLORIDA" AS RE~O~D~ IN PLAT BOOK 1~, AT PAGE 24,
"O~US GARDENS ". AS ~CO~DED IN PLAT BOOK 10. AT PAGE 58 AND
' DONED SUBDIVISION ", AS 'RECOrDeD IN PLAT BOOK 1~8. AT PAGE 5.
ON ~ WEST AS FOLLOWS:
THE SO~ HALF OF SA~ N.E. 193rd. S~l' BY ~ NORWAY E~ENSION OF
~E EAST L~ OF ~ ~ST 66.30 FEE i' OF S~ LOT 8, BLOCK 2 ~D THE NOR~
HALF OF SAID N.E. 193rd. S~E~ BY ~ 8OU~ERLY EX~NSION OF THE EAST
L~E OF THE ~ST 2.50 ~ OF S~ ~ ~A" OF S~ PLAT OF"~D S~D~S
AND BOUNDED ON THE ~T ~ T~ ~ EX~NSION O~ ~
i ~ OF ~ BErG ~ SE~ON 3, ~S~ ~2 SO~ ~GE 42 ~ST,
D~E CO~, ~O~ B~G A ~R~ON OF N.E. 193 ~. S~g l- ~ SHO~ ON
S~ P~T OF ~ P~T OF B~S ~D~ON TO O~S, ~O~A~,
ACCO~G TO ~ ~T ~OF ~ ~CO~ ~ ~T BOOK 19, AT PAGE
OF ~ P~LIC ~CO~S OF D~E CO~, ~A ~ A PGR~ON OF ~CT
"~ OF "A~ FO~ ~D~O~ ACCO~G TO ~ P~T ~OF AS
~CO~ ~ P~T BOOK 116, AT PAGE 34, OF ~ P~LIC ~CO~S OF D~E
CO~, ~O~ L~G ~'I~Y OF ~ ~ i ~ ACC~S
D~PARTME~ OF ~TZ~ ~--~Y ~ ~R ~TATE ROAD 852,
SUBDiViSiON ~ A~ %~ ~ ~X~ ~ED ON ~E SOUTH
ADDITION TO OJU~, ~XDA ' ~ ~ ~ ~ ~A~ BY THE
$.~, $
14" ~
G
14r~ Git
28t~.
N
66, 30' k.
TRACT 'B" - £. 7S ACRES HORE OR LESS
N87'31'iO'E 508.33' ,1~'~'-'N°RTH R/N LINE
H87'3t'tO'E 692. 49'
50' 20' N
25. 00'
SOUTH A/W LINEJ
TRACT
O. 06 ACRES MORE
TRACT "O"
O. 19 ACRES NORE OR[LESS
58' E
STEF-~T
00'
ALLEY
TRACT "A" - 12. 64 ACRES NORE OR LESS --
S87'34'58'N 785.9B'~ _ ~ ~
DESCR/PTION ~
ALL THAT PORTION OF THE NORTH 25.00 FEET OF N.E. 193rd. STREET, AS SHOWN ON
"DONED SUBDMSION~ ACCORDING TO ~ PLAT THEREOF AS RECORDED IN PLAT
BOOK 138, AT PAGE $, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
BOUNDED ON THE EAST BY THE SOUTHERLY ]~ENSION OF THE EAST LI~E OF
TRACT "C"AND BOUNDED ON THE WEST BY THE SOUTHERLY EXIt~ISION OF THE
WEST LINE OF SAID TRACT "C"OF SA]I) PLAT OF "DONED SUBDMSION"
LYING AND BEING 1N DADE COUNTY, FLORIDA AND CONTAINING 0.11ACRES MORE
OR LESS.
RO.B. - DENOTES POINT OF BEtlINNIN(}
P.O.T. - DENO'I"HS POII%T OF TERMINATION
B~INGS SHOWN H~ON AI~ BASED ON '1~I]/S~ ~ ~ AS $
F.D.O.T.R/W MA~ FOR $.1~$ SECTION ~7030-.2~70 WHI~E ~ R~
(U.&I) B~,S ~ OT'21 * W.
THIS INS'I"RUMI~NT CONSISTS OF T~O (2) pAGES AND l~ NOT'
PAOES ARE TOGETI'IER AND EMBOSSED WITH THE PROFESSI(
AND MAPPER SF-AL.
C~R~T~CATION -
I I-I~i~EB y CEK'f'IFY THAT TH~ DE~CR.IFIION IS T~U~ AND
OF MY KNOWLEDGE AND BF¥ FFF.
PKOFF--~IONAL SURVEYOR ,~, MA~PE
STATE OF FLORIDA
I hereby acknowledge that I am aware that the Dade County Department of
Environmental Resources Management (DERM), the City Engineer, the City Landscape
Architect, the City Police Department, and other County agencies and City departments
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 Flodda
Building Code may contain requirements that affect my ability to obtain a building permit
for my project, and that approval of my zoning application does not cor~atute building
permit approval. Contact with the above mentioned agencies is advisc-~ during the
hearing process.
PHnt Name 6f Pefi~oner er
STATE OF
Sig~m of N~ Pu~ic
My ~mmlsston ~]ms:
O~ BARBARA ~GINNIS ~'
DEVELOPMENT APPLICATION OWNER CERTIFICATION
(Pleaee complete Ltl that apply)
For use when petitioner is the Owner of sublect erooer~v:
This is to certify that I am the owner of the subject lands described in the above application. I understand
that I am responsible for complying with all application requirements prior to this petition being scheduled
for any public hearing. I also understand that it is my responsibility to comply with the City's requirements
regarding quasi-judicial proceedings. This further certifies ~,~-f!ave read this petition and the statements
contained herein are tme and correct. / _.z/
Print Name of Petitioner Slgna~m of Petitioner
STATE OF b~-~r~,'~ ~.~, COUNTY OF
TheforegolnglnstmmestwasSwomtoam:lSubscflbeclbeforemethis /~ dayof ~,o~ , 19C~7 ,
by ~--I'E'F~-~--L~-~ ~f::~ K.-- who is~ known to mL, ~r who has produced
as iden~'ficaticn.
Printed Name of Notary Publi~ yp OFF~4N. NOTARY es~lature of Notary Public-
My Commiss[on Expires: I.~o'~ o~w,~sa~_~.-- /
For use when petitioner Is NOT the Owner of the Sublect Prooertv:
This Is to certify that I am the owner of subject lands described in the above petition. I have authorized
to make and file the aforesaid petition. This further certifies that I have read
this petition and the statements contained herein are tree and correct.
PHnt Name of PetiUoner
Signature of Petitioner
STATE OF COUNTY OF
The foregotng Instrument was Swom to and Subscflbed before me this__ day of . 19 ,
by who Is personally known to me or who has produced
as Idenffficaflon.
Printed Name of Notary Public
Signature of Notary Public
My Commission Expires:
Tenant or Owner Affldavlt
I, , , being ~rst duly swom,
depose and say that I am the owner~enant of the properly described and which is th~:=ubject matter of'the
pmposed hearing; that all the answers to the questions in this application, and all sketch data and other
supplementary matter attached to and m~ade a pert of the application are honest and tree. I undemtand
this application must be completed and accurate before a headng can be advertised. In the event that I or
any one appearing on my behalf Is found to have made a matedal misrepresentation,:either oral or wdtten,
regarding this application, I understand that any development action may be voidable at the option of the
City of Aventura.
Print Name of Petitioner Signature of Petitioner
STATE OF COUNTY OF
me foregoing instrutnent was Sworn to and Subscribed before me this day of . 19 ,
by who is personally known to me or who has produced
as iden~flcation.
Pdnted Name of Notary Publi~
Signature of Notmy Public
My Commission Expires:
Attorney Affidavit
I, , being first duly
sworn, depose and say that I am a State of Flodda Attomey at Law, and I am the Attorney for the
Owner/Applicant 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 to and made a part of this application am honest and tree. I undemtand this application must be
complete and accurate before a hearing can be advertised. In the event that I or any one appearing on
my beha;f is found to have made a material misrepresentation, either oral or written, regarding this
application, I understand that any development action may be voidable at the option of the City of
Aventura.
Print Name of Petitioner
Signature of Petitioner
STATE OF COUNTY OF
The fomgolng instnJn~e~t was Sworn lo and Subscribed before me this day of , 19
by . who is personally known to me or who has preduce~
as identification.
Printed Name of Notary Public
My Comm~sio~ Expires:
Signature of Notary Public ~'~"
Corporation Affidavit
I/We, , being first duly sworn,
depose and say that I/we are the President/Vice President, and 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 pert of this application are honest and true; that said corporation is the
owner/tenant of the property described herein and which is the subject matter of the proposed hearing.
We understand that this application must be completa and accureta before a hearing can be advertised.
In the event that I or any one appearing on our behalf is found to have made a material misrepresentation,
either oral or written, regarding this application, I understand that any development action may be voidable
at the option of the City of Aventura.
PHnt Name of Petitioner Signature of Petitioner
STATE OF COUNTY OF ~
The foregoing instmmeof was Sworn to and Subscribed before me this day of , 19
__, by who is personally known to me or who has
produced as identification and who (d~d) (did not) take
an oath.
Pt[nted Name of Notary Public
My Commisslon Expires:
Signature of Note~ Public
DISCLOSURE OFINTEREST ~
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. [Nota~ where the principal
officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be requirad 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
Percentage of Stock
If the property which is the subject of the application is owned or leased by a TRUSTEE, list the
beneficiadss of the trust and the percentage of interest held by each.. [Note: where the
beneficiary(les) consist of corporetion(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
Percenta{;e of Interest
ff the property which is the subject of the application is owned o~' leased by a PARTNERSHIP or
LIMITED PARTNERSHIP, list the principals of the partnership, incl,u, ding general and limited partners,
and the percentage of ownership held by each. [Note: where the parther(s) consist of another
partnership(s), coq)oration(s), trust(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].
Champion Retail Limited Partnershiv
Partnership or Limited Partnership Name
Name and Address
Percentage of Ownership
See ACt:ached
CHAMPION RETAIL LIMITED PARTNERSHIP
Address:
2875 N.E 19Ist Street
Suite 400
Aventura, Florida 33180
Jeffrey Softer 250`/0
Iackie Softer 21%
Marsha Softer Rappaport 13%
Jill Softer 8°.4
Brooke Softer 8%
lay Schwartz 8%
Daniel Schwartz 8%
Stuart Kessler 7%
Ray Parello 1%
Champion Retail Inc. 1%
If thers is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and
whether a Corporation, Trustee, or Partnership, list the names of the contract purchasers below,
including the principal officers, stockholders, beneficiaries, or partners. [Note: where the principal
officers, stockholders, beneficiaries, or partners consist of another corporation, trust, partnership, 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].
Name
Date of Contract:
Name and Address
Percentage of Interest
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 data of final public hearing, a supplemental disclosure of
interest shall be filed.
The above is a full disclosure of all parties of interest in this application to the best of my
,~i~nature o .%op ican
Print Name of ApplY'cant
cou.wor
Printed Name of Notec~ Publi~ Signature of Nota'y Public
Note: Disclosure shall not be required, of any entity, the equ~ interests in which are regularly traded
on an established securities market in the United States or other country; or of any entity, the
ownership interests of which are held in a limited partnership consisting of more than 5,000 separate
interests and where no one person or entity holds more than a total of 5% of the ownership interest in
the limited partnership.
2
TO BE KNOWN AS:
Legal Description
SUFFER REDLICH PLAT - A REPLAT OF A PORTION OF "AMENDED PLAT
OF "BRITAN'S ADDITION TO OJUS, FLORIDA" (PLAT BOOK 19 AT PAGE 24);
A PORTION OF "THE BRITAN SUBDIVISION" (PLAT BOOK 7 AT PAGE 1); A
PORTION OF TRACT "H" OF "AVENTURA FOURTH ADDITION" (PLAT BOOK
116 AT PAGE 34); AND TRACTS "A AND B" AND A PORTION OF NE 193RD
STREET, ALL OF "DONED SUBDIVISION" (PLAT BOOK 138 AT PAGE 5)
LYING IN THE NORTHWEST ¼ OF SECTION 3 - TOWNSHIP 52 SOUTH -
RANGE 42 EAST CITY OF AVENTURA, DADE COUNTY, FLORIDA.
EXHIBIT #2
SUBJECT
PROPERTY
EXHIBIT #3
LEGEND
Roadways
City Boundary
Aventura Mall
Subject Property
NE 191 STREET
Loehmann's Fashion Island
EXHIBIT #4 ,::':'?
· ~
OP THB PLr~IC RI~D$ OP DADB COUN1~
N. i~. STI~F. ET
LOT ~BI~OC~ 20~ '.AM~4D~D PLAT O~ BI~TAN'S ADDITION
TO QIU~ FCOitlDA". ~D~ TO TH~ PLAT 111~-~O~ AS
9
fO
ti
1
O. O~ ACRES HORE
66.
I BLOt
TRACT ' D"
O. fl9 ACRES HORE ORILESS
TRACT 'B' - £. 78 ACRES HORE OR LESS
NE7' 31' tO'E 508. 33'~/' ORTH
LINE
N87°31' IO'E 692. 4g'
NO2' 50' 20' ii
25. 00'
$87' 30' i7"
/
TRACT 'C''-I ~:
"""
31'tO'E t84. 16'~
SaT'3t'tO'H ~84. 19'
SOUTH R/H LI~~
ALL THAT PORTION OF ~ NORTH 25.00 FEET OF N.E. 193nt STREET, AS SHOWN ON
"DONED SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK.138, AT PAGE 5, OF TH~ PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
BOUNDED ON ~ EAST BY TH~ SOnY Ekl ~NSION OF 'ITIIE EAST LINE OF
TRACT "C"AND BOUNDED ON TH~ WEST BY THE SOUTHERLY Eki~NSION OF ~
WEST LINE OF SAID TRACT "C"OF SAID PLAT OF "DONED SUBDIVISION"
60. 5o' ! &
~ ~67'3k 56'£
-.--i,.oo'
~ # ALLEY
7H.O'''= "0' '
I .
LYING AND BEING IN DADE COUNTY, FLORIDA AND CONTAINING 0.11ACRES MORE
OR LESS.
TRACT "A' - 1£. 64 ACRES HORE OR LESS __
STEE~T
S14U.~l' 1 OF 2
THIS IS NOT ABC
~U,~ SH]~T 2 OF:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL FOR A
REZONING FROM RU-3, FOUR UNIT APARTMENT
HOUSE DISTRICT TO BU-2, SPECIAL BUSINESS
DISTRICT; GRANTING APPROVAL OF A SPECIAL
EXCEPTION TO ALLOW A HOTEL IN THE BU-2,
SPECIAL BUSINESS DISTRICT; DENYING A NON-USE
VARIANCE REQUIRING A FIVE (5) FOOT HIGH
DECORATIVE WALL WHERE NO WALL IS PROPOSED;
APPROVING A RELEASE OF A PREVIOUSLY
APPROVED RESOLUTION NO. 4-ZAB-167-77;
APPROVING A RELEASE OF A PREVIOUSLY
APPROVED RESOLUTION NO. 5-ZAB-425-95;
APPROVING A MODIFICATION OF A PREVIOUSLY
APPROVED RESOLUTION NO. Z-181-95 WHICH
GRANTED A NON-USE VARIANCE OF SIGN
REGULATIONS TO PERMIT SlX (6) WALL SIGNS WHERE
TWO (2) WALL SIGNS ARE PERMITTED AND WHICH
CONDITIONED APPROVAL UPON A SPECIFIC SITE
PLAN FOR THAT CERTAIN PROPERTY LOCATED EAST
OF BISCAYNE BOULEVARD BETWEEN NE 191 STREET
AND NE '193 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is now governed by the City Council
of the City of Aventura; and
WHEREAS, the Applicant, Champion Retail Limited Partnership, through
Application No. 08-MA-97 has applied for the following:
1. Rezoning from RU-3, Four Unit Apartment House District to BU-2, Special Business
District;
Special Exception to allow for a hotel in the BU-2, Special Business District where
otherwise permitted in the RU-4A, Hotel Apartment House District; and
Resolution No.
Page 2
3. Non-use Variance from zoning regulations requiring a five (5) foot high decorative
wall where no wall is proposed;
4. Release of previously approved Resolution No. 4-ZAB-167-77 which granted a
variance of zoning regulations to permit the use of auto mechanical work to be
conducted from under an open aluminum awning, in lieu of an enclosed building
and a variance of setback requirements to permit the aluminum awning to be set
back less than that which is required by the Dade County Code; and
5. Release of previously approved Resolution No. 5-ZAB-425-95 which granted a non-
use variance of sign regulations to permit a detached sign where none are
permitted; and
6. Modification of previously approved Resolution No. Z-181-95 which granted a non-
use variance of sign regulations to permit six (6) wall signs where two (2) wall signs
are permitted and which conditioned approval upon a specific site plan.
on that certain property located on the east side of Biscayne Boulevard between NE
191 Street and NE 193 Street in Aventura, Florida as legally described on Exhibit #2
attached hereto; and
WHEREAS, the Community Development Department recommends approval of
Items 1, 4, 5, and 6 above; and
WHEREAS, the Community Development Department recommends approval of
Item 2 above, subject to conditions; and
WHEREAS, the Community Development Department recommends denial of
Item 3 above; and
Resolution No.
Page 3
WHEREAS, following proper notice, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section l. Items 1, 4, 5, and 6 as listed above, on property located at the east
side of Biscayne Boulevard between NE 191 Street and NE 193 Street and legally
described as Exhibit #2 attached hereto, are hereby granted.
Section 2. Item 2 as listed above is hereby granted subject to each of the
following conditions:
1. Applicant shall commence utilization of the Special Exception granted by
obtaining building permits within 12 months of the date of this Resolution
or the Special Exception granted shall be deemed null and void unless
the term is extended by the City Council prior to its expiration.
2. The billboard currently located on the subject property shall be removed
by December 31, 1998.
Section 3. Item 3 as listed above is hereby denied.
Section 4. 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.
Resolution No.
Page 4
Section 5.
adoption.
The foregoing Resolution was offered by Councilmember
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 Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 20th day of January, 1998.
This Resolution shall become effective immediately upon its
., who
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 ,1998.
CITY CLERK
ZONING DISRICTS
: GU
AU
EU-2
EU-1C
EU-1
EU-S
EU-M
RU-1
RU-1Z
RU-I(M)(a)
RU-I(M)(b)
RU-2
RU-TH
In~-im -- Uses depend on character of
neighborhood, otherwise EU-2 standards apply
A$ficultural -- Residentiai 5 Acres Gross
Estates I Family 5 Acres Gross
Estates 1 Family 2~ Acres Gross
Estates I Family 1 Acre Gross
Estates Sub. 1 Family 25,000 sq. ft. [7'oss
Estates Mod. I Family 15,000 sq. ft. net
Single Family Residential 7,500 sq. ft. net
Sin~;le Family Zero Lot Line 4,500 sq. ft. net
Modified Sin[gle Family 5,000 sq. ft. net
Modified Single Family 6,000 sq. ft. net
Two Family Residential 7,500 scl. ft. net
Townhouse -- 8.5 units / net acre
RU-3
RU-3M
RU-3B
RU-4L
RU-4M
RU-4
RU4A
Four Unit Apartment 7,500 sq. ft. net
Minimum Apt. House 12.9 units / net acre
Bungalow Court 10,000 sq. ft. net
Limited Apt. House 23 units / net acre
Modified Apt. House 35.9 units ! net acre
Apartments 50 units / net acre
Apartments 50 units / net acre, Hotel/Motel
75 units / net acre
PAD Planned Area Development -- 20 acres m~n.
Mixed residential and convenience retail ser-
vices. Density depends on Master Plan,
neighborhood studies, and neighborhood
development.
RU-5 Semi-Professional Offices & Apartments
RU-SA Semi-Professional Offices 10,000 sq. ft. net
OPD Office Park District 3 Acres gross [ ....
Office buildings & laboratories for scientific
& industrial research.
TND Traditional Neighborhood District 40 acres
gross min. Mixed Uses
BU-1 Business -- Neighborhood
BU-1A Business -- Limited
BU-2 Business -- Special
BU-3 Business -- Liberal (Wholesale) Includes
mechanical garage and used car lots
IU-1 Industry -- Light
IU-2 lndustxy -- Heavy
IU-3 Industry -- Unlimited
IU-C Industry -- Controlled
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit~v1~/~a~e~
Jaye M. Epstein, Ai'C~r of Community Development
January 12, 1998
Request of Rainforest Cafb, Inc. for a Sign Variance to permit an
additional Wail Sign larger than that which is allowed
(02-SV-98)
January 20, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the requested Sign Variances be denied.
THE REQUEST
The applicant, Rainforest Cafe, Inc. is requesting two (2) Sign Variances from the
Regional Mall provisions of the Sign Ordinance (see Exhibit #1 for application and
letters of intent). The requests are as follows:
1. A Sign Variance to permit a second exterior Wall Sign where only (1) Wall Sign is
permitted for Exterior Access tenants; and
2. A Sign Variance to permit the above mentioned Wall Sign to have a sign area of
144 sq. ft. where a maximum of 75 sq. ft. is permitted for Exterior Access tenants.
BACKGROUND
OWNER OF PROPERTY
Aventura Mall Venture
NAME OFAPPLICANT
Rainforest Cafb, Inc.
ADDRESS OF PROPERTY
19501 Biscayne Boulevard
SIZE OF PROPERTY
Approximately 97.962 acres
LEGAL DESCRIPTION
Tract Q, Aventura 6th Addition as recorded in
Plat Book 120 Page 20 of the Public Records
of Dade County
Zoning - Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
West:
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District and
RU-3, Four Unit Apartment House District
RU-4A, Hotel Apartment House District and
BU-2, Special Business District and
GU, Interim District
Biscayne Boulevard and the FEC Railroad
Existing Use - Subject property:
Properties to the North:
Properties to the South:
Properties to the east:
West:
Aventura Mall
office and retail uses
office and retail uses
Turnberry County Club and associated uses
Biscayne Boulevard and the FEC Railroad
Future Land Use - The subject property and the properties to the north and south are
currently designated Business and Office according to the Adopted 2000 and 2010
Land Use Plan for Metro-Dade County, Florida. The properties to the east are
designated Parks and Recreation and Medium High Density Residential. Biscayne
Boulevard and the FEC Railroad lie to the west of the subject property.
The Site - The subject site is located at the northeast corner of Biscayne Boulevard
and the William Lehman Causeway (see Exhibit #2 for Location Map).
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the Dade County Comprehensive Development Master Plan.
2
Community Development Department Analysis -
The Rainforest Caf~ is permitted the following signs as both an Exterior Access tenant
and an Open Courtyard tenant:
Wall Signs Permitted by S ;In Code
Elevation Number of Wall Sign Area
Signs
Any One Exterior Wall 1 75 sq. ft.
Wall Facing Courtyard I 75 sq. ft.
The applicant has received a permit for and installed one (1) exterior Wall Sign. The
existing Wall sign is located on the South Elevation and, at 75 sq. ft., is within the
maximum sign area permitted by the Sign Ordinance.
The applicant is requesting a Sign Variance for an additional Exterior Wall Sign on the
West Elevation in lieu of a Wall Sign facing the Courtyard. The applicant asserts that a
Wall Sign located on the West Elevation will provide better direction to customers
entering the Courtyard than a sign facing the Courtyard. Additionally, the applicant has
informed Staff that they are limited in terms of available locations for the Courtyard
Wall Sign. The only available wall space is too high to be seen by customers within the
Courtyard.
The applicant is proposing an uplighted, recessed letter sign carved into templestone.
This second sign will be 144 square feet where 75 square feet maximum is permitted
by the Sign Ordinance. Although the size of the lettering for the proposed sign is only
54 square feet, the signage envelope in which the sign is placed is 144 square feet,
making the size of the sign appear much larger. The City's Sign Ordinance defines
Sign Area as the "square foot area enclosed by the perimeter of the Sign Structure,
including borders and framing".
Staff is very concerned that the requested Wall Sign has already been installed. The
applicant has not received permit approval by the City for this West Elevation Wall
Sign. 'Rainforest Cafb A Wild Place to Shop and Eat' has been carved into
"templestone" backing within the architectural framing of the tower.
3
Criteria
The criteria for approval of sign variances as required by the City of Aventura Sign
Ordinance (No. 97-17) require:
The sign variance maintains the basic intent and purpose of the regulations,
particularly as it affects the stability and appearance of the City and provided that
the Variance will be otherwise compatible with the surrounding land uses and
would not be detrimental to the community. No showing of unnecessary
hardship is required.
The requested sign variances for (1) an additional Wall Sign and (2) a larger sign, do
not maintain the basic intent and purpose of the regulations. The signage regulations
for a Regional Mall provide specific guidelines for Exterior Access and Open Courtyard
tenants. These guidelines allowed tenants with access to the courtyard to be able to
provide identification within the courtyard area. Furthermore, a second Exterior Access
Wall Sign, as being requested on the West Elevation, will not provide any better
direction to customers than that sign already existing on the South Elevation.
Staff recommends the following:
1. Denial of the requests for Sign Variance on the premise that these requests do not
meet the criteria for variances found in the Sign Ordinance.
2. Immediate removal of the sign since it was installed without approval.
Citizen Comments
The Community Development Department has not received any written citizen
comments.
4
DELLA PORTA WARD & ASSOCIATES
Planning & Zoning Consultants
December 22, 1997
Jaye Epstein
City of Aventura
Director, Community Development Dept.
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
RE: Rainforest Restaurant
Dear Mr. Epstein;
As you know an application was filed to allow for certain signage in conjunction with the
Ralnforest Restaurant. We are now modifying that request. There is one sign which does
need a variance.
The sign requiring .the variance is located on the west elevation of the building. It simply
identifies the Rainforest Cafe. However it is located in a window type of frame. It is my
understanding that the City takes the size of the sign to that frame. The actual letters
which indicate the name of the restaurant meet the code requirement relative to square
footage. However when the actual frame is used as the criteria the sign size is exceeded.
Accordingly we are requesting a variance to allow this sign.
We believe this request is justified because the flame of the sign is really a decorative
feature to the building. We have a comparable feature on the south elevation. However
there is no signage located within that. The sign is very tasteful and simply provides the
name of the restaurant. Accordingly we believe the sign is consisted with the intent of the
City Sign Ordinance and therefore should be approved.
We respectfully request your favorable review and recommendation.
Sincerely your,
DELLA PORTA, WARD & ASSOCIATES
CC: Craig Abraham
RECEIVED
DEC 2 3 1997
COMMUNITY DEVEI.OPME~'
Serving South Florida since 1974
Suite 214 · 2525 S.W. 3rd Avenue, Miami, Florida 33129 ° (305) 859-8774 · FAX (305) 859-8121
EXHIBIT #1
LETTER OF INTENT
September 29, 1997
City Council
City of Aventura
Aventura, Florida 33180
OCT 2 2 1997
COMMUNITY DEVELOPMENT
Ladies and Gentlemen:
The undersigned requests your favorable review and consideration of thc following:
A variance of sign regulations as pertains to a regional mall for the proposed
Rainforest Cafe which is to be located within Aventura M~II
Thc recently passed sign ordinance set criteria for both major tenants which are defined as
those having 100,000 square feet or more, exterior access tenants which have access both
from the exterior and through the mall, and courtyard tenants. Naturally it is impossible to
anticipate all possible sign configurations which can evolve in the marketplace.
Rainforcst Cafe is relatively new to the South Florida area. They have a unique restaurant
environment. Thc interior operation of thc restaurant features jungle type animal displays
and has a rainforest ambiance. These restaurants are becoming extremely popular and are
located throughout the country. The nearest such facility to Dade County is located in
Broward County.
The Rainforest Cafe sign is quite unique. Naturally it provides the name of the restaurant,
but it also provides a display ofjungle type characters and vegetation. This is their unique
logo. However this logo based upon it's overall size and the number of proposed signs is
inconsistent with the new sign ordinance.
The first variance is to allow for two signs. We believe this is justified because the
restaurant has both an exterior access and a courtyard access. As such under the sign
ordinance a sign at each location would be possible. However each sign is limited to 75
square feet. A variance to this sign size is also necessary. The two signs are on two
different walls. One is approximately 150 square feet. The other is approximately 30
square feet. This area specified for the square footage is the sign area where the actual
name of the restaurant is specified. The overall area on whioh the sign is mounted is
larger. However that larger portion are the animal characters and the tropical vegetation.
Aventura City Council
September 29, 1997
Page 2
We recognize it is not the intent of the City to pass an ordinance that must be varied
everytinae a sign is proposed. We also recognize that the regional mall has substantial
signage for it's major tenants. However most tenants within a regional mall have no
exterior signage. Most of the smaller stores that are located between the different major
tenants or anchor stores have only interior signage and interior access. The area where
Rainforest is located is totally unique within the Aventura Mall and in fact within most
malls. An open courtyard type area similar to a Cocowalk in Coconut Grove is proposed
at this location. We believe this to be an area of high pedestrian activity. As such lights
and signage would be compatible with that type of use. In addition Ralnforest Cafe has no
local presence at this time. This is their first store here in Dado County. They are a major
restaurant operator and the dollar volume which they generate may be comparable to
many of the major stores within shopping centers throughout Dado County. In addition as
reflected on the location sketch this area is substantially back from any public right-of-
way. The nearest roadway is really the 192nd Street Causeway which is elevated. Further
the Ralnforest Cafe as a restaurant and not a major tenant can not be identified on the
directional signs. We believe this would be a destination for both residents who reside
locally and also for tourists. As such identification with some visibility once you get onto
the shopping center site itself we believe is critical. Although tho sign may be very
different from what we~-e seen here in Dado County it is not a sign that is aesthetically
unpleasant. We believe that the sign as proposed is compatible with a regional mall. We
believe that the two signs are caitical to allow for the identification of a store of this
magnitude. Further we believe the s'~e of the signs are consistent with the needs dictated
by the overall size of this property.
In closing we again request your favorable review and consideration.
Sincerely yours,
PLEASE FURNISH
FOLIO NUMBER
28-2203-038-0070
P. R. FUe No.
Sec. 3 Twp. ...1.L- llIe. ~
Date: 2AB CC
Processor
TO BE FILLED OCT BY APPLICANT: (Please Prier)
1. Name of applicant
Svorn-to-Consent).
(Properry
Owner
or
Lessee
wiCh
Owner's
Rainforest Cafe Inc.
...
2. LEGAL DESCllIPTlON OF 'IIIE PlOPEJ.TY COVEIlED BY 'IIIE APPLICAnON
&. if lubdivided. provide lot, block. complete name of subdivision, plat
book. and page IlUIIlber~
b. if _tel aud bounds d..cription, provide complete description,
(including lection, tovnahlp, aDd. range).
c. IUbm1t. a copy of . lurvey if property 1. odd-snaped (1" to 300'
.cale).
d. if I.parate requelts apply to different .area., provide the legal
d.scription of each area covered by . ..parate request.
Tract O. Aventrua 6th Addition PE 120-20
/here SfPn-t1C ~ /Ii'
fP &rh<>r; jt"'6~ F
--kifh).,.!
/,."
3. Addres. O~ location of subject property:
19501 Blscayne Blvd.
4. Size of property:
irr. ,
fr. X
irr.
ft. Acres
5.
Date subject property acquired
) or leased (x )
,~
day of
April
. 1997
Term of ledMe
years/lDOnths.
6. Does property owner ova. contiguous property to the sub ject property? If
so, siva complete le8al description of entire contiguous property.
No
"
PLEASE FURNISH
FOLIO NUMBER
28-2203-038-0070
Sec. 3 Tvp. 52 l~e. 42
' Date Received Stamp
PLEASE TYPE ORPILINT LECIBL~, ZN I~, ~ ~0~ON ON ~PL~ION.
~. N~e of Appl~can~ ~inforest Cafe Inc.
~ailtng A~dress 720 S. 5th Street
CI~y Hopkins, State Minn. Zip 55343
Tel.~ (durln8 workln8 hours)
2. Name of Proper~y 0w~er Aventura Mall Venture
~ailins Address
Tel. ~ (durin~ vorkln~ hours)
Zip
Mailing Address 2525 S.W. 3 Avenue - Suite ~ 214
Cl~y Miami, State Florida
Zip 33129
Tel. ~ (during working hours) 859-8774
4. L~GAL DESC~/FTIONOFTHE PROPERT~ COVERED BY THEAPPLICATION.
book and pa~e number.
scale).
Tract o. Aventura 6th Addition PB 120-20
6'
Address or location of subject property: 19501 Biscayne Blvd.
6. Size 0f property~ irt ft. X irr ft. Acres
7; D~ce aubJeC= trr.opez~ acquired ( } or leased (x)
8. Does p~ 0wne~ own contl~ous p£o~arty to the subg~c~c p~? If so, give
complete legal description of e~tt_~e contiguous
No
Is there an option to purchase ( ) or lease ( ) the subject proper~y or p~
contiguous thereto? ( ) yes or (x) no
If y~s, who are the potential purchasers or lessees?
10. Present zoning classification(s): BU-2
11. ~E~ COV~ED ~ THIS APPLICATION:
Please check the aFFLu~riate box and give a brief description of the nature of the
) District Bxm~ry Chenge (s),
Zone classifications z~ested
) Unu~ ~e
) Use variance
(x) Non-Use variance si~na~e
( ) Special
( ) M~dification of previous resolution/plan
12. Has a public hearing ~ held on this property within the last year? Yes
If ~es, applicant's ne~e Aventura Mall Venture
Date of hearing Ausust 5, 1997
Decision of hearing
Resolution #
Temporary sisnase
Approved
13. Is this hearing being z~quested as a ~sult of a violation notice?
( ) yes (x)no
If yes, giv~ n~me to whc~ violation notice was served
Nature of violation
14. A~ there any existing structures on theF~u~rty?
If y~s, briefly descrl~e ReKional Mall
(x) yes ( ) no
15. Is there any existing use on the property? ( x )yes ( )no
If ~s, what is the use a~d when ~s it established? Use
Shoppin~ Center Established
Signature
Sworn to and subscribed to before me
this day of , 19
Com~lssion Expires:
CORPORATION ~FIDAVIT
are the President/Vice-Pr esden~, and Secretary/Ass~. Secretary of the
aforesaid cor~ra~lon, and as such, have been authorized by ~he cor~ra~ion ~o
a hearing can be advertised.
C~ston ~xpires
By ~
By ~
S~orn to and subscribed to before me
this ____day of , 19 __.
(Name of Partnership)
By
Notary Public
Commission Expires
ATTOP~Ey AFFIDAVIT
I, -- , being first duly sworn, depose and say that I am
a State of Florida Attorney at La~, and I am the Attorney for the O~ner of ~he
property described and which is the subject matter of the proposed hearing;
that all the answers to the questions in ~his application, and all sketch data
and other supplementary matter attached and made a part of this application
are honest and ~rue to the the best of my knowledge and belief. I understand
this application must be complete and accurate before a hearin~ ca~ be
advertised.
Date:
Public HearinS No:
! hereby acknovledge that I am a~'are that the Dapart~en~ of Environmental
Resources Hanagement (DERH), the Public Works Depar~ent, an~ other ~ounty
a~enciea revise zoning applications and proffer com~nts that ~y affect their
scheduling and ~tcome. ~ese co~ents sometimes include requirements for
additional public hearing before the En~ronmental ~ltty ~ntrol ~ard, or
other ~unty ~ards, and/or the prior preparation and exertion of agreements
to run ~th the land ~ich are recorded. In addition to these a~encies~
also understand that the South Florida ~uil~iu~ Code ~ contain requiremen~v
that affect ~ ability to obtain a ~tldinl petit (~uildint and
Depar~eent lOth Floor) for my project, even if ~y zoning application la
approved at public hearing. Contact ~ith the above m~ntione( agencies !,
advised during the hearing process. Further, ! understand that the cases of
Hachado v. Hus~rove and HcCaw v. ~etropolitan Dade County may affec~ my public
hearing application. I acknovledge receipt of' copies of these cases for m~
Notary: Svorn to and subscribed before me this
Not~blic~- State of ~lorl~,~)
OWNERSHIP AFFIDAVIT
FOR
]PARTNERSHIP
STATE. OF i~OWH)A
COUNTY OF ~
Public Hearing No,.
Before mc, thc undersigned authority, pci~nally appea~i D01~LD
· hereinafter thc A~ant, who being first duly sworn by
mc, on oath, d~poses and says:
Affiant is a partner in thc A~.s-£uuA I, La. LL VFm-~-ur.E
following address:
permcrship, with thc
33~80
Thc pat'inca-ship is thc fcc simple owncr of the property which is thc subj~t of thc
proposed hearing,
'l~c subjcct propcity is lcgully d~scribcd as:
A port/on of ~ract Q of Aventura S~xth Addition, PB 120, Pg. 20
4. Affiant is legally authorized to file this application for public hearing.
5. Affiant understands this affidavit is subject to the p~xlties of law for p~jury and the
possibility of voiding ofauy zoning granted at public hearing.
Print Name
Affiant is personally known to me ~.. [ as
Notary /
Commission F..x~ires:
I NOTARY PtrBMCS~R'g O~ FLORID~
{ ~OMM~UON NO. CX:S~m ,
Ib:t'orms/e waafl3.sam (3~6)1
OWNER'S SWORN-TO-CONEENT (GENERAL PARTNERSHIP)
PSR~TTINO TENANT TO FILE FOR A ~EARING
I, Donal~ Soffer , as General Partner of AVENTURA MAT~. VENTURE
(na~e of partuership)
which is the owner of the property described and which is the subject matter of the
proposed hearing, do here~ grant consent to IL~NFOREST CAPE
as lessee, to file this application for a public hearing.
Eworn to and subscribed before me this
name of partnership
~// ~eneral Partner
Nota~
Public
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
Percentage of Stock
If the property which is the subject of the application is owned
or leased by a TRUSTEE, list the beneficiaries of the trust and
the percentage of interest held by each. [Notez 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
Percentaae of Interest
Page 2
If the property which is the subject of the application is owned or leased
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) cr
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].
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADDRESS
Percentage of Ownership
If there is a CONTRACT FOR PURCHASE, whether contingent on this application
or not, and whether a Corporation, Trustee, or Partnership, list the
names of the contract purchasers below, including the principal officers,
stockholders, beneficiaries, or partners. [Note~ where the principal
officers, stockholders, beneficiaries, or partners consist of another
corporation, trust, partnership, 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].
NAME
NAME. ADDRESS.AND OFFICE (if applicable)
Percentage 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 final
public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties of interest in th/s
application to the best of my knowledge and belief.
Sworn to and subscribed before me,
Nota~ Public,
My Commission
State of 'Flori~ at Large
Expires:'/~ I/~
(SEAL)
* Disclosure shall not be required of any entity, the equity interests in
which are regularly traded on an established securities market in th~
United States or other country; or of any entity, the ownerhip interests of
which are held in a limited partnership consisting of more than 5,000
separate interests and where no one person or entity holds more than a
total of 5% of the ownership interest in the limited partnership.
A WILD PLACE TO SHOP AND EAT®
September 15, 1997
Officers of Rainforest Cafe. In¢,
Lyle Berman
Chief Executive Officer
Steven Sehussler
Sr VP Marketing & Development
Ercu Ucan
Sr VP Retail
Mark Robinow
Chief Financial Officer
Kenneth Brimmer
Tresurer and Acting President
Percentage of stock owned
5,9%
3.9%
1.6%
* Less than 1% owned
AN ENVIRONMENTALLY CONSCIOUS FAMILY ADVENTURE®
~ORPORATE HEADQUARTERS
720 South Fifth Street, Hopkins, Minnesota 55343
~'H: 612-945-5400 FX= 612-945-5444 www. rainforestcafe.com
CLUB DR.
EXHIBIT #2
LEGEND
Roadways
City Boundary
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING A SIGN
VARIANCE FOR RAINFOREST CAFIS, INC., LOCATED AT
19501 BISCAYNE BOULEVARD, TO PERMIT A SECOND
EXTERIOR WALL SIGN WHERE ONLY ONE WALL SIGN
IS PERMITTED; APPROVING A SIGN VARIANCE TO
PERMIT THE SECOND EXTERIOR WALL SIGN TO HAVE
A LARGER SIGN AREA THAN WHAT IS PERMITTED;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is now governed by the City Council
of the City of Aventura; and
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Rainforest Cafe, Inc., through Application No. 02-SV-
98, has applied for the following:
1. A Sign Variance to permit a second exterior Wall Sign where only one (1) Wall Sign
is permitted for Exterior Access tenants; and
2. A Sign Variance to permit the above mentioned Wall Sign to have a sign area of
144 square feet where a maximum of 75 square feet is permitted for Exterior Access
tenants.
on that certain property located at 19501 Biscayne Boulevard in Aventura, Florida and
legally described as Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page
20 of the Public Records of Dade County; and
Resolution No.
Page 2
WHEREAS, the Applicant has currently installed one (1) Wall Sign as permitted
by Code; and
WHEREAS, the Community Development Department recommends approval of
both requests; and
WHEREAS, following proper notice, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-SV-98 for Sign Variance on property legally
described as:
Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the
Public Records of Dade County
aka
Aventura Mall
19501 Biscayne Boulevard
is hereby granted exclusively to Rainforest Cafe, Inc.
Section 2. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 3
The foregoing Resolution was offered by Councilmember
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 Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Pertow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 20th day of January, 1998.
, who
Arthur I. Snyder, Mayor
ATTEST:
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
,1998.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, City//M.~a~/ag~
Jaye M. Epstein, A(~P, D,~r of Community Development
January 14, 1998
Petition of Trafalgar Associates of Aventura, Ltd. a Florida limited
partnership for Final Plat Approval of Aventura Lakes - Phase I
(03-SUB-98)
January 20, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council:
1) Approve the Aventura Lakes - Phase I Final Plat with the condition that the
landscape plans be approved by the City's Landscape Architect prior to the
recordation of the Plat.
2) Direct the City Clerk to record the Plat approval Resolution in the Public Records of
Dade County, all associated costs to be borne by the applicant.
THE REQUEST
The applicant, Trafalgar Associates of Aventura, Ltd., a Florida limited partnership is
requesting Final Plat approval of the subject property with the intent of constructing 200
single-family homes. (See application as attached Exhibit #1)
BACKGROUND
OWNER OF PROPERTY:
NAME OF APPLICANT:
LEGAL DESCRIPTION:
LOCATION OF PROPERTY:
SIZE OF PROPERTY:
EXISTING ZONING:
Trafalgar Associates of Aventura, Ltd., a
Florida limited partnership
Trafalgar Associates of Aventura, Ltd.
See attached Exhibit #2 and copy of Final Plat
Northeast corner of NE 207 Street and NE 30
Avenue
68.04 gross acres
PAD, Planned Area Development District
DESCRIPTION I BACKGROUND
Aventura Lakes is a single-family home development currently under construction at
the northeast corner of NE 207 Street and NE 30 Avenue. The applicant is requesting
Final Plat approval of Phase I for 200 single-family lots, private roads, landscape
areas, lakes, recreation areas, and conservation area. Phase II of the development will
contain no more than 285 single-family dwelling units.
The Tentative Plat was approved by the City on October 31, 1997 and by Miami-Dade
County on November 14, 1997.
ANALYSIS
Site Plan - The Final Plat for Phase I is consistent with the approved Site Plan.
Zonin,q - The zoning for the property is PAD, Planned Area Development District. The
platting of single-family lots is consistent with the zoning district.
Future Land Use Desi,qnation - The Future Land Use designation for the property is
Medium High Density Residential. The platting of single-family lots is consistent with
the Future Land Use.
2
Landscaping - Landscape plans have been submitted for NE 207 Street, NE 30
Avenue, internal lots and rights-of-ways of the development and buffer areas
contiguous to Aventura Commons for this phase of Aventura Lakes. The balance of
landscape plans will be submitted with Phase II. Staff recommends that Aventura
Lakes - Phase I Final Plat be approved with the condition that the landscape plans be
approved by the City's Landscape Architect prior to the recordation of the Plat.
Access - The approval of the plat will cause the dedication of 50 feet of right-of-way for
the construction of NE 213 Street.
RECOMMENDATION
It is recommended that the City Council:
3) Approve the Aventura Lakes - Phase I Final Plat with the condition that the
landscape plans be approved by the City's Landscape Architect prior to the
recordation of the Plat.
4) Direct the City Clerk to record the Plat approval Resolution in the Public Records of
Dade County, all associated costs to be borne by the applicant.
Ford Engineers, Inc.
December 9, 1997
Jaye M. Epstein, AICP
Director, Community Development Dept.
City of Aventura
2999 NE 191st sn-ect
Suite 500
Aventura, Fl 33180
Via Hand Dolivery
Re: Final Plat Submittal for Aventura Lakes Phase I
Dear Jaye:
As you know, this firm represents Trafalgar Associates of Aventura, Ltd. regarding development matters.
Please accept this as the required letter of intent for the submiRal of the Final Plat for Phase I of Aventura
Lakes. This Final Plat is consistent with the Site Plan and the pha~ I Tentative Plat which was previously
approved by your office as well as Dado County on November 14, 1997.
Approval of plat will enable the property owner to develop the property in accordance with the approved
zoning for the property. The approval of the plat is in the public interest because the project includes the
dedication of 50 feet of right of way for the construction of NE 213 Street, a major roadway improvement for
the citizens of the City of Aventura. Furthermore, the Aventura Lakes project will provide considerable
landscaping improvements along NE 207 Street as well as 30 Avenue and will result in the ultimate
completion of a Single Family Residential Project which is in high demand ia the City of Aventura. Lastly,
approval of the Final Plat will greatly enhance tho tax rolls fo~' the City of Aventura by upgrading the
undeveloped property to a fully developed luxury residential eonmnmity with 200 units.
We appreciate your cxmsidoration of this matter and look forward to your recommendation of approval to the
City Council on the subject application. If you should have any questions regarding this submittal, please do
not hesitate to contact me~
Sincerely,
Vice President
DE/an
Csus 14_e~d~z, Tm_falgar Associates
Joel Wadsworth, Tr~ffalgar Assooiates
JoffBoroow, Esq.
EXHIBIT #1
8000 N.W. 31 Street * Suite #10 * Miami, Florida 33122
Telephone (305) 477-6472 * Fax (305) 477-8054
COMMUN,'rY DEVELOPMENT D~_.PAI/I M~-Iq I
2999 NE' I Street, Suite 500
Aventura, Florida 33180
(305) 466-8940
PUBLIC HEARING APPLICATION FOR FINAL PLAT
DATE: 12/9/97
PROPOSED PLAT NAME:
LOCATION: Between NE
LEGAL DESCRIPTION:
FOLIO NUMBER(s):
CURRENT ZONING: . PAD
PROPOSED USE(S) OF PROPERTY:
Residential:
Non-Residenfia;:
Aventura Lakes - Phase I
207 St.:& 210 St. and NE 30 Ave & 34 Ave
See Attached
2812340190022 & 0030 & 0012 & 0010
CURRENTLAND USE: UNDEVELOPED
200 Dwelling Units
(number)
Gross Acres within Plat:
Right of Way within Plat 1.99*
Water within Plat: 38.41
Net wff~in Plat: 20.96
'213 St Row
(gross leasable ama)
68.04
acres + 6.68 ac Private Roads
acres (includes Conservation Areaj
aC res
Name of Applicant or Contact Person:
Trafalgar Associates of Aventura, Ltd.
Phone No.:
265-1771
AddreseofApplicant
6505 Blue Lagoon Dr.
Miami, Fl. 33122
, Suite 250
Name of Property Owner (if other than Applicant):
Same
Phone No.:
Same
Address of Property Owner:
Same
The following docu ~nts are required to be submitted w, and are deemed to be
incorporated into this petition, as applicable:
x
X
X
X
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT.
Please descdbe in detail, whether and to what extent the requested development action serves
a public benefit which would warrant the granting of ~he request and specific justification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may result in the denial of your application.
One (1) odginal application, signed and notarized by the applicant, owner and/or attorney and,
necessary, authorization for another individual to represent the applicant.
One (1) original, current (within 30 days) Ownership ancl Encumbrances Report for the subject
property and copies of documents referenced in that report.
A complete zoning history of the property is required. The attached Certificate of Resoiutions
form must be completed and signed by'a Miami-Dado employee from the Zoning Information
Section.
Twelve (12) copies (folded) ol= a registered, current {within 30 days), signed and sealed survey
of the subject property, based upon and referencing the Ownership and Encumbrances Report.
Surveys must delineate existing natural features, easements, existing structures and uses, and
existing utility lines.
X One (t) copy {folded) of the approved Tentative Plat. signed and sealed (if a!~plicable).
* Twelve (12) copies (folded) of the Final Plat, signed and sealed,
Lot/Parcel Analysis required, including, but not limited to, the following information relative to lots
and parcels in each zoning district: number of lots, smallest lot size, average lot size, number of
parcels, acreage in each parcel.
Letters from all utilities franchised to operate in the City (Flodda Power and Light, Southern Bell,
WASA, Cable) relative to adequacy of proposed easements shown in the plat/site plan,
including approval of shared easements.
Disclosure of interest Form.
* Pending
Does property ~'wner own con~,,~uo~,s-prope~'t~ tothe subject property? if so, give c,~repie{u iegai
description of entire contiguous property.
Is there an option to purchase or lease subject property or property contiguous thereto,
predicated on the approval of this application? Yes No ¥
If yes, who are the affected parties?
(Copy of purchase contract must be submitted with this application).
Do these plans represent new construction?
Has construction started?
Has construction been completed?
Are there any existing structures on the property?
Will the existing structures be demolished?
2
Yes X No __
Yes ]f No
Yes__ No 1- ..
Yes 1,* No .
Yes I'* No __
* Temporary Sales Center
To be Demolished
Filing and Hearing
__ Acheck made payable to the City ofAventure forthe amount: $ 1400.00 On 12/4/97
Residential: $1200.00 plus $1.00 per unit
Non-residential: $1200.00 plus $25.00 per acre
__ A check made payable to Miami-Dada County for $110.00 for Concurrency review by the
Count.
3. Property Violations
As part of the review, your property may be subject to various inspections by City personnel. If building,
zoning or Code Compliance violations are found, your request for a public hearing will be deferred until
such violations are corrected.
4. Responsibility of Applicant
It is the responsibility of the applicant to assure that all questions in the application and all required
supplementary data are submitted at the time of the filing of the application and that all answers, plans
and supplementary data are accurate and complete.
All required plans, supplementary d~ta, mailing labels and fees must be submitted at the same time as
the application i~ filed, or the application will be incomplete, Incomplete applications will not be
scheduled for public headng and will be returned to the applicant. The fiting of an incomplete
application will not reserve a place on the hearing agenda. An application submitted prior to the
deadline does jqot automatically insure placement of the application on that headng agenda,
All data subm~ed in connection with the application becomes a permanent part of the public records of
the City of Aventura.
Procedure for Platting or Replatting:
1. Twelve (12) copies of the Tentative Plat are submitted to the City's Community Development
; , Depa~t~e~L
2. CT determines if the Tentative Plat meets the requirements ct the City Code.
3. Upon approval by the Community Development Department, the applicant submits the Tentative
Plat to Miami-Dada County along with the City's staff report confirming approval.
4. Upon approval by Miami-Dada County, the applicant prepares the Finsl Plat and submits twelve
(12) copies to the Community Development Deparlment. The Final Plat appears before the City
Council for approval.
5. The City Council, if approving the Final Plat. passes a resolution.
6. The Final Plat is submitted to Miami-Date County along with the City's resolution, for final
approval and recording.
For Office Use
· .~,~,, .A--~:ca*;on Number:
Date
Application
Received:
Ap~oiicaboe, f~' Final Plat ~ 1f25/g7
DISCLOSURE OF INTEREST
Co~or-d~on Name
Name. Address, an~ Office
Percentage af~t~
Tn~t Nat1~ '
Name enCiA~Mms$.
Percentage ~ interest
of Aventura, Ltd.
Per~e~l~ge of Ownership
If Ii]ere i~ a CONTRACT FOR PURCH,A~E. wnemer core,gem on this ~pol~ or noL and
~er a Co~, T~. ~r P~hip. ~ ~ name~ of ~ ~n~ ~u~ be~.
In~ud~ ~ pHncl~l o~. ~o~oM~, b~ef~des. 0r pa~. [Note: ~em
D~ ~
Percentage ~f Interest
corporation, pad~er~lp, or tn,st.
For ~ change6 of ownership or changes in cos~tta¢~ for purchase sub~equent tO the date
of the epplica6on, but prior to t~e dale of final public hearing, a supplemental disclosure of
i~terest shall be ~iled,
· The above is e ful~ disdosure-o~, all pa~es of intems~ in thl~ application to the best of my,
know~edge and belief.
$ign~ure of Applicant Print Name of Applicant
S1'A~ OF COUNTY O.~
· ~'/'~ ....
Not~: Ol~r,~re ~h~ll ~ be required of any en~. ~ ~ ~ ~ whi~ are ~u~ ~
~$e when petJtloner is.,the. Owner of $ublect ~roperty;
This. is to ceftHy that S am the owner of ~e subject lands described in the above application. I unclerstand
that I am m.Oo~s~ble for complying with all mgpGcation mquiremen~ pr~- to th~ petition being sctledul~d
for an.y. pubGe .1~..'.n~.. I also unders~md ~hat it ~s my re~om~o~l~ to COmHy w/th the City'~ mq~mmef~ts
~m'g~ala~. il~e~ Lt~.'~t'~ar~Cit~r~cc~. This ~ cef1~.s that, have read this ,~tition and the s~'ernems
For ~ wheat aetlEonel, [~ ~QT the ~ of ~e Subj~ ~De~:
~ ~ ~ ~ fiat I am ~ ~r of ~ lands de~ ~ ~e ab~ ~U~n. I have au~ed
deyaf , 19 ,
who is permm,~y knov~ lo me orvmo PaS ~
Te~a~( Or Owner Affi'dav~
I, , beitlg firs[ duly sworn.
depose ~d ~ ~ I.~ ~e ~r~am af.~ ~ ~ ~ whi~ ~ ~e ~e~ ma~ ~ ~e
pm~ ~; ~ afl ~ ~ ~ ~ q~ ~ ~ app~ a~ all ~ ~ ~ ~e~
any o~ a~ ~ my ~h~ ~ ~u~ to ~a~ ~ a m~ m~n, ~ Omi ~ w~,
~g ~ ag~, I u~ ~ any d~me~ a~ ~ ~ ~able ~ ~e o~ ~ ~he
C~ ~A~.
I. ,belr, g. r~ du~
swots, depose and s~y lhat I am ~ 8~m of F~dd. ~ M L~. and I .m I~ ~o~ for ~
~nl ~ ~e ~'~s~ a~ ~ is ~e ~H~ maUer o~ ~e pmpo~d ~adng ~h~
~ ~ ~e q~ans in ~i~ ~ and ~ ~ d~ ~nd o~ ~m~ m~er
~mp~ and ~c~m~ ~om · ~e~g ~n ~ 8~. ~ ~ ~nt ~t I or ~y o~ a~g ~
Cmpur'~rr A fg/*d,~'f~
i/We. GUS He .r,n_a.,nde z , being f~ duly sworn.
depose and. say t~at Itwe are th& PresidentN'.:e P .,msidenL and Sec~-eta~ of the aforesaid co~pomtion.
*,,-a a~ sud~, Imm b~ authorized by the
a~ to the ClUe~:~a i'r sa~ app~ica~ n and ~ ~ket~es. data and o~er ;tupplemmltmy ma',ret
8ttacfle~to and made a part of ~is application sm honest and hue; that said cot~.,'ation i$ the
~ener ./t?~nt of the p, .~p~. y~d~..s~ffoed herein and whiC~ Is the subje~ mather,at the proposed he, dh;,
talcaemtand Ihat U1igapp~rc~'don must:be complete and accurate Uefom a hea~g can be m:~ve~sed.
In the event that I or any ~ a ~p~p.e. aring on our beh~ is foun~ to have made a mate~l mismpeesefltation.
e~ther oral or written, regardmg, th~ app~catiOn. I m',derstand that any development aC~on may be voklable
, me ~p~, of ~ CAy ~ Aventura.
Gus Hernandez, Vice Presldent~
~TAT~ OF .... F1 COUNTY OF.
~.~m~m~*,~mv~d~mmb 9th~,,,.De,cember . ~s 97
~'~,~.~,.~-~mm~<,.~*~.~/oo -. *of Trafalgar Associates of-Aven~a, inc.
~X~_./~/ NO. 0C57747~ "~ - as General Partner of Trafaglar Associates
~-~ l~"'~ U~!:o. ~ of Aventura, Ltd.
Exhibit "A"
Trafalgar Associates of Aventura, Ltd., a Florida limited partnership
6505 Blue Lagoon Drive, Suite 250, Miami, Florida 33126
Trafalgar Associates of Aventura, Inc., a Florida corporation* (General Partner) 1.00%
Ramon R. Cacicedo** 24.50%
Gus Hemandez* * 12.25 %
Ramon R. Cacicedo, Jr.** 7.35%
Jose Antero Gonzalez** 4.90%
Ezra Katz, 2665 S. Bayshore Drive Ste PH 2-A, Coconut Grove, F1 33133 25.00%
Daniel R. Lewis, 2665 S. Bayshore Drive Ste PH 2-A, Coconut Grove, F1 33133 25.00%
TOTAL 100.00%
Trafalgar Associates of Aventura, Inc., a Florida corporation
6505 Blue Lagoon Drive, Suite 250, Miami, Florida 33126
Ramon R. Cacicedo**
Gus Hemandez**
Ramon R. Cacicedo, Jr.**
Jose Antero Gonzalez**
TOTAL
50.00%
25.00%
15.00%
10.00%
lOO.O_~O%
** 6505 Blue Lagoon Drive, Suite 250, Miami, Florida 33126
AVENTURA LAKES PHASE-I
LEGAL DESCRIPTION:
A portion of Tracts A, B and C of "DONN ACRES" according to the plat thereof, as
recorded in Plat Book 76 at Page 30 of the Public Records of Dade County, Florida, being
more particularly described as follows:
COMMENCE at the Northeast comer of Section 34, Township 51 South, Range 42 East;
thence S01deg 59rain 03secE along the East line of said Section 34, for 659.14 feet;
thence S88deg 00min 57secW for 40.00 feet to its intersection with a line that is 659.41
feet South of and parallel with the North line of said Section 34 and also being the POINT
OF BEGINNING of the hereinafter describedparcel of land; thence S01deg 59min 03secE
along a line that is 40.00 feet West of and parallel with the East line of said Section 34, for
1870.26 feet; thence S43deg 04min 29secW for 42.47 feet to its intersection with a line
that is 75.00 feet North of and parallel with the South line of the Northeast 1/4 of said
Section 34; thence S88deg 08min 00secW along the last described line for 727.76 feet
thence S 01deg 59rain 03sec E for 8.00 feet to its intersection with a line parallel with and
67.00 feet North of the South line, N.E. 1/4 of said Section 34; thence S 88deg 08rain
00sec W., along the last desCribed line for 1776.53 feet to a point of curvature of a
circular curve; thence Northwesterly along the arc of said circular curve, concave to the
Northeast, having a radius of 25.00 feet, a central angle of 88deg 56rain 28sec, for an arc
distance of 38.81 feet to its intersection with a line that is 25.00 feet East of and parallel
with the West I~ne of the Northeast 1/4 of said Section 34; thence N02deg 55rain 32secW
along the last described line, for 901.05 feet; thence N88deg 12rain 28secE for 470.76 feet
to a point of curvature of a circular curve; thence Northeasterly along the arc of said
circular curve, concave to the North, having a radius cf 1000.00 feet, a central angle of
01deg 59rain 42sec, for an arc distance of 34.82 feet to a point of reverse curvature of a
circ,.~lar curve; thence Easterly and Southeasterly along the arc of said circular curve,
concave lo the South, having a radius of 211.50 feet, a central angle of 19deg 21min
05sec, for an arc distance of 71.43 feet to a point of compound curvature of a circular
c ;r,~e; thence Souti~eastedyalongthe_am of said.ciro. Jlar curve, having a radius of 361.50
feet, a central angle of 09deg49min26sec, for an arc distance of 61.98 feet to a point of
reverse curvature of a circular curve; thence Southeasterly along the arc of said circular
curve, concave to the Northeast, having a radius of 2038.50 feet, a central angle of 02deg
02rain 09sec, for an arc distance of 72.43 feet to a point of reverse curvature of a circular
curve; thence Southeasterly along the arc of said circular curve, concave to the Southwest,
having a radius of 511.50 feet, a central angle of 06deg 05min 53sec, for an arc distance
of 54.44 feet to a point of reverse curvature of a circular curve; thence Southeasterly along
the arc of said circular curve, concave to the Northeast, having a radius of 133.50 feet, a
central angle of 08deg 04min 49sec, for an arc distance of 18.83 feet to a point of
tangency; thence S68deg 37rain 48secE for 40.00 feet to a point of curvature of a circular
curve; thence Southeasterly along the arc of said circular curve, concave to the North,
having a radius of 133.50 feet, a central angle of 07deg 24rain 16sec, for an arc distance
of 17.25 feet to a point of tangency; thence S76deg 02min 03secE for 56.84 feet to a point
EXHIBIT #2
of curvature of a circular curve; thence Southeasterly, Easterly and Northeasterly along
the arc of said circular curve, having a radius of 327.94 feet, a central angle of 30deg
02min 47sec, for an arc distance of 171.98 feet to a point of reverse curvature of a circular
curve; thence Northeasterly along the arc of said circular curve, concave to the Southeast,
having a radius of 411.50 feet, a central angle of 12deg 29min 47sec, for an arc distance
of 89.75 feet to a point of reverse curvature of a circular curve; thence Northeasterly along
the arc of said circular curve, concave to the Northwest, having a radius of 130.00 feet, a
central angle of 38deg 46min 08sec, for an arc distance of 87.96 feet to a point of reverse
curvature of a circular curve; thence Northeasterly, Easterly and Southeasterly along the
arc of said circular curve, concave to the South, having a radius of 39.00 feet, a central
angle of 111deg 19rain 25sec, for an arc distance of 75.78 feet, to a point which radius
point bears N68deg 58min 13sec; thence N83deg 49min 38secE for 163.16 feet; thence
N19deg 50min 00secE for 128.00 feet; thence N17deg 41min 53secE for 177.12 feet to
a point of curvature of a circular curve; thence Northeasterly and Eastedy along the arc
of said circular curve, concave to the Southeast, having a radius of 140.00 feet, a central
angle of 70deg 26min 07sec, for an arc distance of 172.11 feet to a point of tangency;
thence N88deg 08min 00secE for 296.11 feet to a point of curvature of a circular curve;
thence Northeasterly along the arc of said circular curve, concave to the Northwest, having
a radius of 135.00 feet, a central angle of 48deg 11min 27sec, for an arc distance of
113.55 feet to a point of tangency; thence N39deg 56min 33secE for 7.72 feet to a point
of curvature of a circular curve; thence Northeasterly and Northerly along the arc of said
circular curve, concave to the Northwest, having a radius of 160.00 feet, a central angle
of 42deg 35rain 40sec, for an arc distance of 118.95 feet to a point of tangency; thence
N02deg 39mih 07secW for 496.98 feet to its intersection with a line that is 709.41 feet
South of and parallel with the North line of said Section 34; thence S88deg 26min 03secW
along the last described line for 1266.52 feet; thence N01deg 33min 57secW for 50.00 feet
to its intersection with a line that is 659.41 feet South of and parallel with the North line of
said Section 34; thence N88deg 26min 03secE along the last described line, for 1729.29
feet to the POINT OF BEGINNING.
C:\PABLO-DOCUMENT~966501LG.WPD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE AVENTURA
LAKES - PHASE I FINAL PLAT, SECTION 34, TOWNSHIP
51S, RANGE 42E OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Trafalgar Associates of Aventura, Ltd., by and through Petition No.
03-SUB-98 and in accordance with the Metropolitan Dade County Land Development
Code, requested Final Plat approval for Aventura Lakes - Phase I, Section 34,
Township 51S, Range 42E, of the Public Records of Dade County, Florida, the Final
Plat being incorporated herein by reference and made a part of this Resolution as
Exhibit #1; and
WHEREAS, at a duly advertised public meeting held on January 20, 1998, the
City Council heard, reviewed and duly considered the reports, findings and
recommendations of the City Administration, together with testimony at the public
meeting, and upon deliberation, finds that Final Plat approval for Aventura Lakes -
Phase I, Section 34, Township 51S, Range 42E, is in the best interests of the citizens of
the City of Aventura;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat for Aventura Lakes - Phase I, A portion of Tracts A,
B and C of "DONN ACRES" according to the plat thereof, as recorded in Plat Book 76 at
Page 30 of the Public Records of Dade County, Florida as more particularly described
in Exhibit #2, is hereby approved with the following condition:
Resolution No.
Page 2
.CONDITION
1) The landscape plans must be approved by the City's Landscape Architect prior to
the recordation of the Final Plat.
Section 2. The City Manager and City Clerk are hereby authorized to execute
the Plat upon approval of the landscape plans by the City's Landscape Architect.
Section 3. This Resolution shall be recorded in the Public Records of Dade
County, Florida with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective
adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember ., and
upon being put to vote, the vote was as follows:
immediately upon its
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers~Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this __ day of
,199__.
A'I-FEST:
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
,199__.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Ci~F
Jaye M. Epstein, AIC
January 7, 1998
ctor of Community Development
Petition of Champion Retail Limited Partnership and SSC Associates, Ltd.
for Final Plat Approval of Softer Redlich Plat (04-SUB-98)
January 20, 1998 City Council Meeting Agenda Item ,~-~
RECOMMENDATION
It is recommended that the City Council:
1) Approve the Soffer-Redlich Plat with the condition that the applicant show evidence
that all utility lines are protected by easements prior to the issuance of a building
permit for the property.
2) Direct the City Clerk to record the Plat approval Resolution in the Public Records of
Dade County, all associated costs to be borne by the applicant.
THE REQUEST
The applicant, Champion Retail Limited Partnership and SSC Associates, Ltd., are
requesting Final Plat approval of the subject property with the intent of constructing a
Shopping Center and Hotel on the property (see application as attached Exhibit #1):
BACKGROUND
OWNER OF PROPERTY:
NAME OF APPLICANT:
LEGAL DESCRIPTION:
LOCATION OF PROPERTY:
SIZE OF PROPERTY:
Champion Retail Limited Partnership and SSC
Associates, Ltd.
George Berlin
See attached Exhibit #2 and copy of Final Plat
East side of Biscayne Boulevard between NE
191 Street and the William Lehman Causeway
(See Exhibit #3 for a Location Map)
Approximately 15.62 gross acres
DESCRIPTION / BACKGROUND
The site is currently platted and consists of 67 individual lots. The property was
originally platted for residential development. The applicant is requesting approval to
replat the property so as to combine the individual lots into a unified property for
commercial development. The Plat will also serve to close, vacate and discontinue
from public use those portions of certain alleys, NE 192 Street, NE 193 Street and NE
28 Avenue lying within the limits of the Plat.
The applicant proposes to construct 99,976 square feet of retail space and a five-story
hotel. The hotel is to be located on the eastern portion of the property, behind two
outparcels and the retail center. The outparcels, which are fronting Biscayne
Boulevard, are proposed to consist of a bank and a restaurant.
In addition to the proposed commercial development, the Final Plat encompasses the
existing Toys R' Us site (Tract B) and the existing Travel Agency (Tract C). These sites
are to remain unchanged by the proposed development actions.
Miami-Dade County approved the Tentative Plat for the property on August 15, 1997.
ANALYSIS
The applicant is requesting to abandon those certain alleys, NE 192 Street, NE 193
Street and NE 28 Avenue lying within the limits of the Plat. Public interest in this
property has been extinguished as evidenced by the following:
1) Access - The properties adjacent to the rights-of-way will continue to have safe and
adequate access.
2
2) Utilities - The utility companies servicing the area within the limits of the plat have
provided letters stating that they have no objection to the abandonment.
The current form of ownership for the subject property, 67 individually platted lots, is no
longer appropriate for the property's Future Land Use designation - Business and
Office. The replat will combine the individual lots into a unified property consistent with
the development being proposed for the site. Staff recommends approval of the Final
Plat.
3
r mber
January 6, 1998
HAND DELIVERED
Jaye Epstein, Director
Department of Community Development
CITY OF AVENTURA
2999 N.E. 191st Street - Suite 500
Aventura, Florida 33180
Re: Soffer-Redlich Plat -- Champion Retail Plaza
Dear Jaye:
In connection with the above captioned plat, I am enclosing herewith one (1) fully executed
PUBLIC HEARING APPLICATION FOR FINAL PLAT. As you know, this property was
previously platted and consists of several different lots and blocks. The replat will unify the
property into a single development unit, which is consistent with the development being proposed
for the subject site.
A complete zoning history of the property was previously transmitted as part of the site plan
review submittal. Additionally, a copy of the approved Tentative Plat, twelve (12) copies of the
signed and sealed survey and twelve copies of the signed and sealed Final Plat were previously
provided. At this time, I am enclosing an Ownership and Encumbrance Report, together with
copies of the documents as referenced therein as well as a current Opinion of Title, prepared by
Richard Schemer, Esq. of Buchanan Ingersoll..
J'aye, since time is of the essence, we would be most appreciative of an early hearing before the
Council, and respectfully request that this item be scheduled for hearing on Ianuary 20th, 1998.
As always, thank you for your assistance and cooperation. If you have any questions, or require
additional information, please don't hesitate to contact me.
GJB/d
Encls.
cc/less encls:
Carlos Diaz
Phil Ward
Sincerely yours,
EXHIBIT #1
2875 NE. 191st Street, Suite 400, Aventura, FL 33180 (305) 937-6200 Fax: (305) 933-5511
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPAR?MENI'
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
(305) 466-8940
RECEIVED
DEC 2 3 1997
PUBLIC HEARING APPLICATION FOR FINAL PLAT
DATE:
P.OPOSEDPLAT"~MB: ,.~oF-/'er /~dl/c~ P/o~"
LEGAL DESCRIPTION:
FOLIO NUMBER(a):
CURRENT ZONING:
CURRENT LAND USE:
PROPOSED USE(S) OF PROPERTY:
Re$1dentlah
V/Non-Resldenflah
Gross Acres within Plat:
Rlght of Way wffhln Plat: O acres
Water wltMn Plat: O acres
Net within Plat: /6. ~ ~. acres
Dwelling Units
(numbar)
/$4, 4~ ,s.~ le~e~le r~/
(gross leaaable ama)
Name of Applicant or Contact Person:
Phone No.:
Address of Propen'*y Owner:.
257~ IV, E'. lq~ .~/r¢~ t?ven.tura, Fl_ ~3/8~
1. The following documents are required to be submitted with and are deemed to be
incorporated into this petltlon~ as applicable:
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT.
Please desc.~be in detail, whether and to what extent the requested development action serves
a public benefit which would warrant the granting of the request and spec;ftc justification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may result in the denial of your application.
One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if
necessary, authorization for another indMdual to represent the applicant.
One (1) original, cu~ent (within 30 days) Ownership and Encumbrances Report for the subject
property and copies of documents referenced in that report.
A complete zoning history of the property is required. The attached Certificate of Resolutions
form must be completed and signed by a Miami-Dada employee from the Zoning Information
Section.
Twelve (12) copies (folded) of a ragistered, current (within 30 days), signed and sealed survey
of the subject property, based upon and referencing the Ownership and Encumbrances Report.
Suweys must delineate existing natural features, easements, existing structures and uses, and
existing utility lines.
One (1) copy (folded) of the approved Tentative Plat, signed and sealed (if applicable)..
Twelve (12) copies (folded) of the Final Plat, signed and sealed.
Lot/Parcel Analysis required, including, but not limited to, the following information relative to lots
and parcels in each zoning district: number of lots, smallest lot size, average lot size, number of
parcels, acreage in each parcel.
Letters from all utilities franchised to operate in the City (Florida Power and Light, Southern Bell,
WASA, Cable) rolative to adequacy of proposed easements shown in the platJsite plan,
including approval of shared easements.
Disclosure of Interest Form.
Does property owner own contiguous property to the subject property? If so, give complete legal
descrll~Jon of entire contiguous property.
Is there an opt]on to pumhase or lease subject property or property contiguous thereto,
predicated on the approval of thta application? Yes __ No V'
If yes, who are the affected parties?
(Copy of purchase contract must be eubmltted wffh this appgcatlon).
Do these plane represent new construction?
Has construction started?
Has construction been completed?
Ara there any exlstlng structures on the preper['y?
Will the exlsttag structures be demolished?
Yes. V~ No
Yes No
Yes No
Yes ~/' No__
Yes V" No
2. Filing end Hearing Fees
/A check made payable to the City of Aventura for the amount: $
Residential: $1200.00 plus $1.00 per unit
Non-residential: $1200~00 plus $25.00 per acre
I~ A check made payable to MlamI-Dade County for $110.00 for Concurrency review by the
County.
3. Proper[7 Violations
As part of the review, your property may be subject to vatious inspections by City personnel. If building,
zoning or Code Compliance violations are found your request for a public hearing w be deferred until
such violations are corrected.
4. Responslblllty of Applicant
It is the responsibility of the applicant to assure that ail questions in the application and all required
supplementary data are submitted at the time of the filing of the application and that all answers, plans
and supplementary data are accurate and complete.
All required plans, supplementary data, mailing labels and fees must be submitted at the same time as
the application is filed, or the application will be incomplete. Incomplete applications will not be
scheduled for public heating and will be retumed to the applicant. The filing of an incomplete
application will not reserve a place on the heating agenda. An application submitted pdor to the
deadline does not automatically insure placement of the application on that hearing agenda.
All data submitted in connection with the application becomes a permanent part of the public records of
the City of Aventura.
5. Procedure for Platting or Replatflnfl:
2.
3.
4.
Twelve (12) copies of the Tentative Plat are submitted to the City's Community Development
DepartmenL
City determines if the Tentative Plat meets the requirements of the City Code.
Upon approval by the Community Development Department, the applicant submits the Tentative
Plat to Mismi-Dade County along with the C~'s staff report confirming approval.
Upon approval by Miam[-Dade County, the applicant prepares the Final Plat and submits twelve
(12) copies to the Community Development Department. The Final Plat appears before the City
Council for approval.
The City Couna'l, if approving the Final Plat, passes a resolution.
The Final Plat is ~ubmitted to Miaml-Dade County along with the City's resolution, for final
approval and recording. .-
For Office Use
Appifcaflon Number:
Date Application Received:
DEVELOPMENT APPLICATION OWNER CERTIFICATION
(Please complete all that apply)
For USe when petitioner is the Owner of subiect ~rol~er~v:
This is to certify that I am the owner of the subject lands described in the above application, I understand
that I am responsible for complying with all application requirements prior to this petition being scheduled
for any public hearing. I also undemtand that it is my responsibility to comply with the City's requirements
regarding quasi-judicial proceedings, Thts further certifies that I have read this petition and the statements
contained herein are true an.d correct.
I t~c°~'~°~ ~'.°cr.~*~ I
?RINT~D NAM]/OF NOTA/Y PUBLIC
MY COMMISSION E~IRES
DEVELOPMENT APPLICATION OWNER CERTIFICATION
(Please complete al_! that apply)
For use when petitioner is the Owner of subject property:
This is to certi~ that I am the owner of the subject lands described in the above application. I understand
that I am responsible for complying with all application requirements prior to this petition being scheduled
for any public hearing. I also understand that it is my responsibility to comply with the City's requirements
regarding quasi-judicial proceedings. This further certifies that I have mad this petition and the statements
contained herein are true artd correct.
WITNESSETH:
SIGNATUR~
DONALD SOFFER AND BERNARD REDLICH
AS TRUTEE$ UNDER LAND TRUST NO. SR-1
'By: BERNARD REDLICH )
STATE OF ~
COUNTY OF ~O-e0J~
THEFOREGOINGINSTRUMENTWASSWORNANDSUBSCRIBEDBEFOP,.EMETHIS /~ DAY OF
PPJNrrED NAMI[ OF NOTARY PUBLIC .
MY COMMISSION EXPIRES
Legal Description
SOFFER REDLICH PLAT - A REPLAT OF A PORTION OF "AMENDED PLAT
OF "BRITAN'S ADDITION TO OJUS, FLORIDA" (PLAT BOOK 19 AT PAGE 24);
A PORTION OF "THE BRITAN SUBDIVISION" (PLAT BOOK 7 AT PAGE 1); A
PORTION OF TRACT "H" OF "AVENTURA FOURTH ADDITION" (PLAT BOOK
116 AT PAGE 34); AND TRACTS "A AND B" AND A PORTION OF NE 193RD
STREET, ALL OF "DONED SUBDIVISION" (PLAT BOOK 138 AT PAGE 5)
LYING IN THE NORTHWEST ¼ OF SECTION 3 - TOWNSHIP 52 SOUTH -
RANGE 42 EAST CITY OF AVENTURA, DADE COUNTY, FLORIDA.
EXHIBIT #2
SUBJECT
PROPERTY
LEGEND
EXHIBIT #3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE SOFFER
REDLICH REPLAT, SECTION 34, TOWNSHIP 52S,
RANGE 42E OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Champion Retail Limited Partnership and SSC Associates, Ltd., by
and through Petition No. 04-SUB-98 and in accordance with the Metropolitan Dade
County Land Development Code, requested final plat approval for Softer Redlich
Replat, Section 34, Township 52S, Range 42E, of the Public Records of Dade County,
Florida, the final plat being incorporated herein by reference and made a part of this
Resolution as Exhibit #1; and
WHEREAS, at a duly advertised public meeting held on January 20, 1998, the
City Council heard, reviewed and duly considered the reports, findings and
recommendations of the City Administration, together with testimony at the public
meeting, and upon deliberation, finds that final plat approval for Softer Redlich RePlat,
Section 34, Township 52S, Range 42E, is in the best interests of the citizens of the City
of Aventura;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The final plat for Aventura Commons Replat, Section 34, Township
52S, Range 42E, of the Public Records of Dade County, Florida as more particularly
described as:
Resolution No,
Page 2
SOFFER REDLICH PLAT - A REPLAT OF A PORTION OF
"AMENDED PLAT OF "BRITAN'S ADDITION TO OJUS,
FLORIDA" (PLAT BOOK 19 AT PAGE 24); A PORTION OF
"THE BRITAN SUBDIVISION" (PLAT BOOK 7 AT PAGE 1);
A PORTION OF TRACT "H" OF "AVENTURA FOURTH
ADDITION" (PLAT BOOK 116 AT PAGE 34); AND TRACTS
"A AND B" AND A PORTION OF NE 193RD STREET, ALL
OF "DONED SUBDIVISION" (PLAT BOOK 138 AT PAGE 5)
LYING IN THE NORTHWEST ¼ OF SECTION 3
TOWNSHIP 52 SOUTH - RANGE 42 EAST CITY OF
AVENTURA, DADE COUNTY, FLORIDA.
is hereby granted exclusively to the Applicant subject to the following terms and
condition:
CONDITION
1) The applicant shall submit evidence that all utility lines are protected by easements
prior to the issuance of the first building permit for the property.
Section 2.
face of the Plat.
Section 3.
The City Manager and City Clerk are hereby authorized to sign the
This Resolution shall be recorded in the Public Records of Dade
County, Florida with the petitioner to pay the costs thereof.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember ., and
upon being put to vote, the vote was as follows:
Resolution No.
Page 3
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this day of
,199__.
Arthur I. Snyder, Mayor
ATTEST:
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
,199__.
CITY CLERK
MINUTES
CITY COUNCIL MEETING
TUESDAY, JANUARY 6, 1998 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin,
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: Police Chief Tom Ribel led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Ex-parte communications by Council, if any, were disclosed and filed with the City
Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this
hearing were sworn in by the City Clerk.
MOTION TO APPROVE REQUEST BY HAPPINESS, INC. FOR WAIVER
FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN
CITY MANAGER'S MEMORANDUM DATED DECEMBER 29, 1997
Mayor Snyder opened the public hearing. Everett Sutton, General Manager of
Magnum Marine appeared before Council. There being no further speakers, the
public hearing was closed. A motion for approval was offered by Councilmember
Beskin and seconded by Councilmember Holzberg. The motion passed, 4-3, with
Councilmembers Holzberg, Rogers-Libert, Vice Mayor Beskin and Mayor Snyder
voting yes and Councilmembers Berger, Perlow and Cohen voting no.
MOTION TO APPROVE REQUEST BY EDDIE YEH FOR WAIVER
FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN
CITY MANAGER'S MEMORANDUM DATED DECEMBER 24, 1997
Mayor Snyder opened the public hearing. The following individual addressed
Council: Kerri Barsh, Esq., 1221 Brickell Avenue. There being no further speakers,
the public hearing was dosed. A motion to approve the request was offered by
Councilmember Cohen and seconded by Councilmember Holzberg. An amendment
was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert
and unanimously passed that condition #5 be amended to provided that the 25'
buffer may include landscaping, parking and access roads and that an additional
condition be imposed to provide that the applicant dedicate road right-of-way, up to
20 feet, to the City at the City's request within the western buffer area. The motion
for approval, as amended, passed 6-1, with Vice Mayor Beskin voting no.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the December 15,
1997 Workshop Meeting and December 16, 1997 Council Meeting was offered by
Councilmember Rogers-Libert, seconded by Councilmember Cohen and
unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Councilmember Berger requested removal of items 7-E and
7-F from the Consent Agenda. Vice Mayor Beskin and Councilmember Rogers-
Libert each disclosed conflicts of interest relative to agenda item 7-C and abstained
from voting on that item. A motion for approval was offered by Councilmember
Rogers-Libert, seconded by Councilmember Cohen and unanimously passed, thus
the following action was taken:
A. Resolution No. 98-01 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN THE TURNBERRY ISLE SOUTH
CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO DOALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
B. Resolution No. 98-02 was adopted as follows:
2
A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN THE BISCAYA III CONDOMINIUM
ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 98-03 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF BERMELLO,
AJAMIL & PARTNERS, INC. TO PERFORM PROFESSIONAL
CONSULTING SERVICES RELATIVE TO ISQ NO. 97-12-2-2,
MUNICIPAL PUBLIC TRANSIT STUDY; AUTHORIZING THE CITY
MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF
SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID
WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO
PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS
WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN
EFFECTIVE DATE.
G. Resolution No. 98-04 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 97-138A TO
PREPARE CONSTRUCTION DOCUMENTS AND PROVIDE FOR
CONTRACT ADMINISTRATION FOR NE 207TM STREET AND NE 34TM
AVENUE CAPITAL IMPROVEMENTS BY AND BETWEEN THE CITY
OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A.; AND
PROVIDING AN EFFECTIVE DATE.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 97-35 WHICH DID
ADOPT A FEE SCHEDULE FOR DEVELOPMENT REVIEW, PLANNING
AND ZONING APPLICATIONS; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mr. Soroka noted that an additional Whereas clause had been included subsequent
to distribution of the agenda to include that it is recommended that site plan fees be
3
reviewed to recover costs associated with landscape and engineering plan review
services provided by City consultants. Mayor Snyder opened the public hearing.
There being no speakers, the public hearing was closed. A motion for approval was
offered by Councilmember Perlow, seconded by Councilmember Holzberg,
unanimously passed and Resolution No. 98-05 was adopted.
The following items were removed from the Consent Agenda and addressed
separately:
E. (Deferred to later in the meeting)
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE
NEIGHBORHOOD PARKS GRANT APPLICATION AS DESCRIBED IN
EXHIBIT "A" AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA
AND MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT OF ONE
HUNDRED SIXTY THOUSAND DOLLARS ($160,000) FROM THE
MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND
PROGRAM AS DESCRIBED IN EXHIBIT "B"; 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 Perlow, seconded by
Councilmember Holzberg, unanimously passed and Resolution No. 98-06 was
adopted.
PUBLIC HEARINGS: ORDINANCES- SECOND READING
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING
AND ENACTING A CITY CODE FOR THE CITY OF AVENTURA;
PROVIDING FOR GENERAL PROVISIONS; ADMINISTRATION;
ANIMALS; BUILDINGS AND BUILDING REGULATIONS; BUSINESS
REGULATIONS; LICENSES AND PERMITS; CABLE
COMMUNICATIONS; ELECTIONS; ENVIRONMENT; PLANNING AND
ZONING; SOLID WASTE; STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES; PROVIDING FOR PENALTY FOR VIOLATION;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE;
PROVIDING FOR WHEN SUCH CODE AND THIS ORDINANCE SHALL
BECOME EFFECTIVE.
4
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by
Councilmember Rogers-Libert, seconded by Councilmember Cohen, unanimously
passed, and Ordinance No. 98-01 was enacted.
PUBLIC HEARINGS: RESOLUTIONS:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, CALLING A SPECIAL ELECTION ON
PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON
TUESDAY, MARCH 10, 1998; TO CONSIDER PROVIDING FOR
AMENDMENT OF THE CITY CHARTER CONCERNING SECTION 2.02
"MAYOR AND VICE MAYOR", TO PROVIDE FOR SEMI-ANNUAL
APPOINTMENT OF VICE MAYOR; SECTION 2.05 "VACANCIES";
FORFEITURE OF OFFICE; FILLING OF VACANCIES" BY AMENDING
SUBSECTION (C) "FILLING OF VACANCIES," REVISING
PROCEDURE FOR FILLING VACANCY IN OFFICE OF MAYOR AND
COUNCILMEMBERS, REVISING PROVISION WHICH PROVIDED FOR
VICE MAYOR TO FILL VACANCY IN THE OFFICE OF MAYOR;
SECTION 3.05 "BOND OF CITY MANAGER," PROVIDING THAT CITY
COUNCIL MAY BY ORDINANCE REQUIRE CITY MANAGER TO
FURNISH A FIDELITY BOND; SECTION 5.01 "ELECTIONS," REVISING
DATE OF ELECTION FOR MAYOR AND COUNCIL, DATE OF
COMMENCEMENT OF TERMS, EXTENDING CURRENT TERM OF
OFFICE; SECTION 8.07 "INITIAL ELECTION OF COUNCIL AND
MAYOR" TO CONFORM TO AMENDMENT OF SECTION 5.01;
SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL STANDARDS,"
ENABLING CITY COUNCIL TO ADOPT ADDITIONAL CODE OF
ETHICS REQUIREMENTS; AMENDING CHARTER BY CHANGING THE
DESIGNATION OF THE CITY "COUNCIL" TO THE CITY
"COMMISSION" AND SUBSTITUTING FOR THE TERM
"COUNClLMEMBER" THE DESIGNATION "COMMISSIONER";
PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR
TIMES AND PLACES OF BALLOTING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR NOTICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Ginger Grossman, 20100 W. Country
Club Drive, addressed Council. There being no further speakers, the public hearing
was closed. A motion to deny the resolution was offered by
Councilmember Berger and seconded by Councilmember Rogers-Libert. The
motion failed, with Councilmembers Perlow, Berger, and Rogers-Libert voting yes
5
and Councilmembers Cohen, Holzberg, Vice Mayor Beskin and Mayor Snyder voting
no. A motion to approve the resolution was offered by Councilmember Cohen and
seconded by Councilmember Holzberg. A motion to amend the resolution to remove
Sections 3, 5 and 6 was offered by Councilmember Rogers~Libert and seconded by
Councilmember Berger. The amendment failed. The motion for approval passed 4-
3, with Councilmembers Cohen, Holzberg, Vice Mayor Beskin and Mayor Snyder
voting yes and Councilmembers Berger, Perlow and Rogers-Libert voting no. Thus
Resolution No. 98-07 was enacted.
7. E. 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 A'n'ACHED AMENDED DECLARATION OF
RESTRICTIONS FOR HIDDEN BAY, HIDDEN BAY II, AND SUMMIT
PROPERTIES BY AND BETWEEN THE CITY OF AVENTURA AND
HIDDEN BAY ASSOCIATES, HIDDEN BAY ASSOCIATES II AND
SUMMIT PROPERTIES PARTNERSHIP, L.P.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Cliff Schulman, Esq., 1221 Brickell Avenue, addressed Council. A motion for
approval was offered by Councilmember Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed, thus Resolution No. 98-08 was
adopted.
10.OTHER BUSINESS: LEADERSHIP FLORIDA
A motion that Council participate in the Florida League of Cities Leadership Florida
Program, at City expense, was offered by Councilmember Cohen and seconded by
Councilmember Rogers-Libert. The motion failed, 4-3, with Councilmembers Cohen,
Holzberg and Rogers-Libert voting yes and Councilmembers Berger, Perlow, Vice
Mayor Beskin and Mayor Snyder voting no.
11.REPORTS: Mayor Snyder appointed the following committees:
Vice Mayor Beskin and Councilmember Berger to research potential sites for a
public elementary school.
Councilmembers Perlow and Rogers-Libert to research possibility of extending NE
34th to Hallandale Beach Blvd.
6
Councilmembers Cohen and Holzberg, in conjunction with Beautification Advisory
Board, to research possibility of welcome signs over Biscayne Blvd. at north and
south boundaries.
Mayor's Long Range Planning Committee: Al Golden, Bill Landa, Jessica Siskind,
Roz Meyers, Julius Trump, Donald Softer, Dr. Barry Silverman, Manny Grossman,
Harry Gampel, Ken Treister and Ben Pumpian.
Mr. Soroka to serve as ex-officio member of each of the above committees.
12. PUBLIC COMMENTS: The following individuals addressed Council: Lionel Socolov,
3530 Mystic Point Drive (postage on notifications, banners, code enforcement);
Ginger Grossman (traffic enforcement); Marian Nesbitt, 20185 E. Country Club
Drive, (go-peds on bike path, pooper scooper enforcement); Robert Jordan
Commodore Plaza, (alarm); Joseph Platnick, 18071 Biscayne Blvd. (traffic); and
June Stevens, NE Del Vista Court (purchase of water truck, code enforcement, new
construction in Sunny Isles Beach).
13. ADJOURNMENT. Them being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 8:45 p.m.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
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.
7
CITY OF AVENTURA
COUNCIL WORKSHOP MEETING
JANUARY 12, 1998 - 9 A.M.
Aventura Government Center
2999 NE 191~t Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present
were Councilmembers Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M.
Pedow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
Park Use Policy. Mr. Soroka presented a proposed residency policy for
utilization of City parks which provides for a fee for use of parks by non-
residents. Consensus of Council to proceed with the policy as presented.
10.
Fortune Teller Occupational License (City Attorney). (Taken out of
order). Jonathan Colby, Esq., representing owner of fortune telling
business, in attendance. City Attorney expressed his concerns as to the
present occupational license tax fee for this category. Consensus of
Council to amend Occupational License Tax Ordinance to reduce the fee
for fortune telling business to $500.
Government Center Design. Architect Michael Shift presented a
preliminary schematic proposal for the design of Government Center,
which included a 5-story building with a diagonal placement on the
property.
Comprehensive Plan Upate. Mr. Soroka submitted a revised Summary
Vision Statement in accordance with Council's direction. Gary Dickens
and Ed Lindquist, Ivey, Harris and Walls, Inc., presented a revised sketch
for the marina area, including parks, office and residential areas.
Consensus of Council to eliminate residential sites from this area.
Consensus that two alternatives be developed: 1) leave area as is; 2)
eliminate residential, include industrial, commercial and an area to be
considered for acquisition by City as a park. A preliminary proposal for the
hospital area was also presented to Council which included three entry
zones into the area, a network of main streets, potential park, hotel, retail
and multi-family residential sites, in addition to the existing hospital and
medical offices.
4. FlU Request for Funding. Consensus not to participate.
Recreation and Cultural Arts Advisory Board. Resumes received were
provided to Council for consideration. Councilmembers to submit
recommendations for appointment to Committee.
Zonin,q Notification Process. Consensus of Council that in the event of
a postponement of a zoning hearing, Council may require applicant to pay
the costs of re-noticing affected property owners.
Elderly Volunteer Pro.qram (Councilmember Berger). Councilmember
Berger suggested participation in a program whereby senior citizens may
volunteer their services to local businesses with City providing a computer
and office space. City Manager to research cost of such a program.
Founders Day Subcommittee. Consensus to approve Committee as
submitted: Marion Smith, Phil Sturtz, Manny Grossman, Marian Nesbitt,
Don Gustin, Ginger Grossman, and Dan Eichmann.
9. Other Business. None,
The meeting adjourned at 1 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
TO:
FROM:
BY:
DATE:
SUBJECT:
MEMORANDUM
City Council ~r
Eric M. Soroka, Ci
Robert s~
M. Sherman, of Community Service
January 13, 1998
Resolution Authorizing the City Manager to Execute the Attached
Agreement for Professional Consulting Sen/ices with Bermello,
Ajamil, & Partners to Perform the Municipal Public Transit Study as
Set Forth in ISQ # 12-2-2 for the amount of $28,000
January 20th, 1998 City Council Meeting Agenda Item ~/~
Recommendation
It is recommended that the City Council adopt the attached Resolution authorizing the
City Manager to execute the Agreement for Professional Consulting Services with
Bermello, Ajamil, & Partners to perform the Municipal Public Transit Study as contained
in the Invitation to Submit Qualifications (ISQ) # 12-2-2 for $28,000.
Background
Resolution 98-03 adopted by the City Council on January 6, 1998 selected the firm of
Bermello, Ajamil, & Partners to perform the Municipal Public Transit Study, and
authorized the City Manager to negotiate the terms and fees for this Study. This
resolution puts those directions into action.
Bermello, Ajamil, & Partners, Inc will perform the Municipal Public Transit Study for the
amount of $28,000 (plus up to $3,200 in reimbursable expenses: i.e., printing,
reproduction, travel, telephone costs) payable in monthly amounts according to the
percentage of work performed. As per the terms of the Municipal Grant Program, the
City will be reimbursed $24,000 from the Metropolitan Planning Organization at the
completion of the study.
Ci~ Council
Janua~ 13,1998
Page 2
The scope of services specified in Section 1 of the Agreement are the same as
contained in the original ISQ and the study will be completed within sixty (60) days.
If you have further questions, please feel free to contact me.
A~achments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL CONSULTING SERVICES WITH
BERMELLO, AJAMIL, & PARTNERS, INC. TO PERFORM
MUNICIPAL PUBLIC TRANSIT STUDY AS SET FORTH IN
ISQ 97-12-2-2 IN THE AMOUNT OF $28,000;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement For Professional Consulting Services with Bermello, Ajamil, & Partners Inc.
to perform Municipal Public Transit Study as set forth in ISQ 97-12-2-2 in the amount of
$28,000.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
moved its adoption.
The motion was seconded by
, and upon being
put to a vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 20th day of January, 1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
AGREEMENT
FOR
PROFESSIONAL CONSULTING SERVICES TO PERFORM
MUNICIPAL PUBLIC TRANSIT STUDY
ISQ 97-12-2-2
THE AGREEMENT, made and entered into this __ day of January, 1998, by and
between the CiTY OF AVENTURA, hereinafter referred to as "City" and Bermello,
Ajamil, & Partners, Inc., 2601 South Bayshore Drive, 10th Floor, Miami, Florida 33133, a
corporation, hereinafter referred to as "Consultant."
In consideration of the mutual covenants set forth in this Agreement, the parties
agree as follows:
1. SCOPE OF SERVICES.
The Consultant shall perform a Municipal Public Transit Study that shall establish
the most effective and efficient methods of providing a municipal public transit system
through a circulator (mini-bus) system within the City. The study will determine the
following:
a. Types of route service, placement, and frequency within the City.
b. Through a survey of existing transportation amenities, determine compatibility of
existing transportation services provided by condominiums, medical facilities,
etc., with proposed circulator system, and make appropriate recommendations.
c. Integration with Dade County Transit routes, with optional service to other
municipalities operating circulator services.
d. Establish days and times of operation. Develop weekly, monthly, and annual
ridership estimates.
e. Determine passenger capacity and quantity of circulators required for optimum
service levels, including ADA requirements. All vehicles must meet all
applicable Federal, State, and County requirements, including alternative fuel
vehicles.
f. Determine the quantity of circulators needed for this service; the associated
capital and annual operating costs, and the availability of alternate funding
sources (grants) for acquisition.
g. Determine the feasibility of privatizing service vs. City operation.
h. Determine and estimate the cost of the most effective means of marketing and
advertising this new transportation service to the residents.
i. Determine if implementing a fee for this service is plausible, and establish
revenue estimates that would be derived from the proposed fees.
The Consultant will present the study, details, data, and cost estimates to the
City Manager and other appropriate City officials at various stages of the study
as determined by the City Manager.
k. The Consultant will be required to meet with any involved City department upon
request by the City Manager. Consultant will be available throughout this phase
of the project to resolve any related issues to verify that the project was
developed in compliance with the approved objectives, including all duly
authorized amendments. Consultant will be expected to coordinate study with
designated City personnel.
2
The consultant's work must comply with all Federal Transit Administration, Florida
Department of Transportation, and Miami-Dade County requirements.
2. COMPLETION OF SCOPE OF SERVICES.
Consultant shall complete the work required in the Scope of Services within sixty
(60) calendar days after execution of this Agreement. City shall respond to
Consultant's requests consistent with the project schedule and timetables.
3. FEES FOR SERVICES.
a. The Consultant shall be paid a lump sum fee of twenty eight thousand dollars
($28,000), which shall be paid in monthly installments according to the
percentage of work completed.
b. The Consultant shall be reimbursed for reasonable and necessary expenses
not to exceed three thousand two hundred dollars ($3,200), unless approved
in advance, incurred in the interest of the project. All requests for
reimbursement of expenses shall be submitted with source documentation for
evaluation and approval for payment by the City. Expenses shall include
such things as travel, reproduction, and telephone calls.
c. The Consultant shall be reimbursed separately for expenses associated with
models and mock-ups requested by the City.
d. Payments shall be processed for payment pursuant to Sec. 218.70 Fla.
et seq. upon receipt of the Consultant's invoice.
3
e. Services not covered by this Agreement due to changes in the Scope of
Services requested by the City shall be compensated at a rate agreed to by
both parties in writing prior to the commencement of any additional work.
4. GENERAL TERMS AND CONDITIONS.
All original computations, details, design calculations, worksheets, computer files,
work papers and other documents and data that result from the Consultant providing
specified services shall be the property of the City. The Consultant may retain a copy
of said documents. Upon termination of this Agreement, or upon request of the City
during the term of this Agreement, any and all such documents shall be delivered to the
City by the Consultant. The Consultant shall have no liability for the City's use of said
documents without the involvement of the Consultant.
5. INSURANCE.
The Consultant shall at all times carry professional liability insurance, workers'
compensation insurance, comprehensive general insurance, and automotive liability
insurance with minimum policy limits for each coverage in the amount of one million
dollars ($1,000,000) per occurrence, single limit, for property damage and bodily injury,
including death, except that the dollar amount of workers compensation coverage shall
be as provided by Chapter 440, Fla. Stat. The Cit.v shall be named as an additional
insured on all of the above insurance policies, except professional liability. Each
insurance policy shall state that it is not cancelable or subject to reduction without
written notice to the City 30 days prior to the effective date of cancellation.
6. ASSIGNMENT.
This Agreement shall not be assignable by the Consultant.
4
7. PROHIBITION AGAINST CONTINGENT FEES.
The Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee or sub-consultant working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person(s), company, corporation, individual or firm, other than a bona fide
employee working solely for the Consultant any fee, commission, percentage, gift, or
any other consideration, contingent upon or resulting from the award or making of this
Agreement.
8. TERMINATION.
This Agreement may be terminated by the City upon ten (10) calendar days written
notice with or without cause and by the Consultant upon thirty (30) calendar days
written notice with or without cause. If this Agreement is terminated, the Consultant
shall be paid for all acceptable work performed up to the date of termination. In the
event of termination through the fault of the Consultant, the Consultant shall have ten
(10) calendar days to cure the default upon written notice from the City.
9. NONEXCLUSlVE AGREEMENT.
The services to be provided by the Consultant pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the City from engaging other firms to
perform the same or similar services for the benefit of the City within the City's sole and
absolute discretion.
10. ENTIRE AGREEMENT.
5
The parties hereby agree that this is the entire Agreement between the parties.
This Agreement cannot be amended or modified without the express written consent of
the parties.
11. WARRANTIES OF CONSULTANT.
The Consultant hereby warrants and represents that at all times during the term of
this Agreement it shall maintain in good standing all required licenses, certifications
and permits required under federal, state and local laws necessary to perform the
Specified Services.
12. NOTICES.
All notices and communications to the City or Consultant shall be in writing and
shall be deemed to have been properly given if transmitted by registgred or certified
mail or hand delivery. All notices and communications shall be effective upon receipt.
Notices shall be addressed as follows:
CITY: Eric M. Soroka, City Manager
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
CONSULTANT: Bermello, Ajamil, & Partners, Inc.
2601 South Bayshore Drive, 10th Floor
Miami, Florida 33133
Attn.: Fernando Alonso, PE, PSM
13. GOVERNING LAW.
This Agreement shall be construed in accordance with the laws of the State of
Florida. Venue for any litigation hereunder shall be in Dade County, Florida.
6
IN WITNESS WHEREOF, the parties hereto have accepted, made, and
executed this Agreement upon the terms and conditions above stated on the day and
year first above written.
CONSULTANT:
Bermello, Ajamil, & Partners, Inc.
2601 South Bayshore Drive, 10t~ Floor
Miami, Florida 33133
CITY:
City of Aventura
2999 NE 191st Street, Suite 500
Aventura, Florida 33180
Fernando Alonso
Principal-in-Charge
By:
Eric M. Soroka, City Manager
Attest:
Attest:
Teresa M. Smith, CMC
City Clerk
Approved as to Legal Form:
City Attorney
7
CITY OF AVENTURA
OFFICE OFTHEClTY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council it.~~r
Eric M. Soroka, C
January 15, 1998 v ~
Ordinance Establishing Residency Policy to Provide Priority to
City Residents for Utilization of Aventura Founders Park
Ist Reading January 20, 1998 City Council Meeting Agenda Item
2nd Reading February 3, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance, which
establishes the following policy to ensure resident priority in the utilization of Aventura
Founders Park and maintain the City's eligibility to accept grants and outside funding
services to construct the park system:
All guests using City parks shall be required to obtain a guest pass and be
accompanied by a resident at all times. Guest passes shall be available
at the entrance gate to use the facilities no more than twelve (12) times
per year at a daily cost of $5.00 per adult visit and $3.00 per child visit
(ages 17 and under). Guest fees shall be waived if the guests are family
members of a resident.
Non-residents shall be permitted to use City parks, amenities, and
facilities on a space available basis only.
Non-residents will be subject to the following usage fees:
Daily $ 5.00 for adults
Pass: $ 3.00 for children under 17
Monthly $ 100.00 for adults
Pass: $ 60.00 for children under 17
Annual $1,000.00 for adults
Pass: $ 500.00 for children under 17
4. Non-resident fees shall not apply to all permitted activities for the purpose
of City sponsored and approved special events, leagues, and activities.
Non-resident fees shall be in addition to any user fees established by the
City.
BACKGROUND
This matter was discussed at the January 12, 1998 Workshop Meeting. In addition to
the controlled access features of the Aventura Founders Park site, the establishment of
a residency priority policy will assist in protecting the City's investment in our park
system.
EMS/aca
Attachment
CC0465-98
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING A
RESIDENCY POLICY FOR UTILIZATION OF AVENTURA
FOUNDERS PARK TO PROVIDE PRIORITY TO CITY
RESIDENTS; ESTABLISHING A FEE SCHEDULE FOR
GUESTS AND NON RESIDENTS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, it is the intent of this Council to insure that City residents are
provided priority in the use and enjoyment of Aventura Founders Park; and
WHEREAS, this Council finds it to be in the best interests of the residents of the
City of Aventura to establish a fee schedule for use of Aventura Founders Park by
guests and non-residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The following residency policy for use of Aventura Founders Park
is hereby established:
A. All guests using the park shall be required to obtain a guest pass and be
accompanied by a resident at all times. Guests passes shall be available at the
entrance gate for use of the facilities no more than twelve times per year per guest,
subject to the following usage fees, which may be waived provided guests are family
members of City residents:
Adults: $5.00 per day
Children: $3.00 per day
Ordinance No.
Page 2
B. Non-residents shall be permitted to use the park, amenities and facilities
on a space-available basis only.
C. The usage fees for non-residents is as follows:
Daily Pass: Adults $5.00
Children (17 and under) $3.00
Monthly Pass: Adults $100.00
Children (17 and under) $ 60.00
Annual Pass: Adults $1,000.00
Children (17 and under) $ 500.00
D. Non-resident fees shall not apply to all permitted activities for the purpose
of City-sponsored and approved special events, leagues and activities.
E. Non-resident fees shall be in addition to any user fees established by the
City.
Section 2. Usage fees for guests and non-residents may be amended from
time to time by the City Council after public hearing.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Ordinance No.
Page 3
.Section 4. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and 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. This Ordinance shall become effective immediately after adoption
on second reading.
The foregoing Ordinance was offered by Councilmember , who
moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Counciimember ,
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 Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Pedow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 20th day of January, 1998.
Ordinance No.
Page ,4
PASSED AND ADOPTED on second reading this 3rd day of February, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
EMS/tms
January 14, 1998
Mr. Eric M. Soroka
City Manager, City of Aventura
2999 Northeast 191st S~t
Suite 500
Aventura, Florida 33180
Re: Amendment of Section 18-42 of the City Code Concerning OecupatJonal
License Tax for Astrologer, PsvehiC~ and Fortunete~Ber_
l~ar Eric:
We have prepared the enclosed proposed ordinance, in accOrdance with the City Council
Workshop discussion of January 12, 1997.
The proposed ordinance se:wes to amend the annual occupational license tax for
Astrologers, Psychics and Fommetellcrs from $7,500. to $500. It should be noted that this
ordinance does not ia any way impair the City's authority to regulate or restrict these
occupatiom in accordance with zoning and other regulatory measures.
Please advise if any further information is required.
Sincerety, ~
D~vid M. Wolpin
DMW/crab
328.001
cc: Teresa M. Smith, CMC
Richard lay Weiss, Esq.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 18
"BUSINESS REGULATIONS, LICENSES AND PERMITS" AT
SECTION 18-42 "TAX SCHEDULE," TO REVISE THE
OCCUPATIONAL LICENSE TAX RATE FOR THE
CLASSIFICATION OF "ASTROLOGER, PSYCHIC,
FORTUNETELLER"; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR SEVERABIETY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council has, pursuant to Ordinance No. 96-13, adopted an
Occupational License Tax Schedule in accordance with Section 205.0315, Florida Statutes;
and
WHEREAS, in accordance with such statute, a $7,500. annual occupational license
tax rate was established for the classification of Astrologer, Psychic, Fortuneteller, based
upon the rate structure and classifications prescribed in ordinances adopted by adjacent
local governments; and
WHEREAS, the City Attorney has advised the City Council that the rate of
occupational license tax for the classification of Astrologer, Psychic, Fortuneteller may be
subject to legal challenge as being unreasonable and in excess of the authority conferred
by Chapter 205, Florida Statutes; and
WHEREAS, the City Council finds that an annual occupational license tax rate of
$500. for the classification of Astrologer, Psychic, Fortuneteller is reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF '['HE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 18-42 'q'ax Schedule" of Chapter 18 "Business
Ordinance No. 98-__
Page 2
Regulations, Licenses and Permits" of the City Code is hereby amended by revising the
occupational license tax rate for the classification of Astrologer, Psychic, Fortuneteller, to
read as follows:~
Section 18-42. Tax Schedule,
For the purposes of this article, inventory shall mean the
average selling value of annual inventory owned by the
business, exclusive of excise tax. Occupational license taxes
for the following business, occupations and/or professions are
hereby levied and imposed:
67 ~nn 00
Astrologer, Psychic, Fortuneteller ....... , .... $5 .
Section 2. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
clauses, and phrases of this Ordinance but they shall
legislative intent that this Ordinance shall stand
the remaining sections, sentences,
remain in effect, it being the
notwithstanding the invalidity of any part.
~ Inclusion in the Code.
It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of Aventura, Florida; 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.
4/ Underlined material indicates additions to existing text, c ......... mater~al indicates deletions from existing
text.
Ordinance No. 98-~
Page 3
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
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 Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 20th day of January, 1998
PASSED AND ADOPTED on second reading this 17th day of February, 1998.
ARTHURI. SNYDER, MAYOR
Ordinance No. 98-__
Page 4
A'I-rEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-rORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council ~
Eric M. Soroka, C~/¢f~la~er
January 15, 1998 ~
Disbursement of Police Forfeiture Funds
January 20, 1998 City Council Meeting Agenda Item '7--~
RECOMMENDATION
It is recommended that the City Council adopt the following Motion to Expend Funds from
the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $79,000 for emergency call boxes,
radio equipment, five laptop computers and Drug and Crime Prevention programs
from the Police Forfeiture Fund in accordance with the City Manager's
memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to appropriate
Police Forfeiture Funds as follows:
1. Purchase emergency call boxes for installation around Country Club Drive in
the amount of $42,000.
2. Purchase radio equipment for street crimes unit in the amount of $12,000.
3. Purchase five additional lap top computers at a cost of $20,000.
4. Provide funding for Drug and Crime Prevention programs.
As of December 31, 1997, the Police Forfeiture Fund had a balance of $190,002. If you
have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0466-98
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
Eric M. Soroka, City/!~ r
Thomas E. RilS~l,'C-hleTe e
January 13, 1998
Use of Forfeiture Funds
Florida State Statutes 932.704 & 932.7055 requires that money resulting from
forfeitures be maintained in a special law enforcement trust fund, and that the
funds be expended only upon request of the Chief of Police to the governing
body of the municipality and approval of the governing body.
I am requesting City Council approval for the expenditure of $79,000.00 These
items were not originally included in the Capital Budget for this fiscal year.
· Emergency Call Boxes
· Radio Equipment
· 5 Laptop Computers
· Drug & Crime Prevention
Total Expenditure Request:
$42,000.00
$12,000.00
$20,000.00
$ 5,000.00
$79,000.00
I certify that this requested expenditure complies with Florida State Statute
932.7055 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
EMERGENCY CALL BOXES
The money requested will be used to purchase six(6) emergency call boxes.
These boxes will be placed approximately every half mile around the jogging
path on Country Club Drive. Pedestrians and motorist will be able to place
emergency calls directly to the police station if they need assistance.
RADIO EQUIPMENT
Ten handheld radios and one base station will be purchased for the Street
Crimes Unit and for use during special details. This will be a private frequency
that will allow for continuous uninterrupted radio usage by Aventura officers only.
LAPTOP COMPUTERS
The purchase of five laptop computers will provide all field personnel a
personally assigned laptop computer.
DRUG & CRIME PREVENTION
State Law mandates that law enforcement agencies that have a Law
Enforcement Trust Fund must expend 15% of the Fund's revenues on Drug and
Crime Prevention programs. Little Acorns, Drug and Crime Prevention
Program, includes an annual festival on Miami Beach called "Kids, Cops &
Kites" This event is attended by Federal, State and most of Dade County's law
enforcement agencies.
LITTLE ACORNS
Januaw 12,1998
Thomas Ribel, Chief of Police
Aventura Police Department
2960 Aventura Boulevard
Aventura, FL 33180
Dear Chief Ribel:
This is a request for funding assistance. The "Kids 'n Cops 'n Kites" program and
the "Little Acorns Juvenile Crime Prevention Family Training Programs" need your help.
Please be as generous as you can. If you have "Law Enforcement Trust Funds"
(LETF) funds, that may be one resource.
Enclosed is a budget for 1998. It shows our total cost for the year at $416,983,
which matches anticipated income. Of that total, we are seeking 19% ($80,000) from
area law enforcement agencies. Please note (at the bottom of that page) that less than
1/5th of the law enforcement funding will be used for "service support costs", or
"overhead". We are proud to be well within national guidelines for a program like ours.
We are also pleased to have a cost per hour that is well below one dollar; compare this
cost of cdme prevention to the cost of warehousing criminals who languish for years in
our state's prison system, only to come out and repeat their crimes.
Chief, we need you on our team. It's much more than just asking you for funding
assistance -- though that is vital. But when we're talking to potential donors who are
wealthy or who operate large businesses, it helps a lot to have a Chief of Police as a
friend and ombudsman. Thank goodness, some people are still properly impressed by
the symbols of law enforcement, which you bear. If I may, I would like to call upon you
once in a while. I'd start by asking you to attend a few of our board meetings, take an
up-close look at us, and then if you are satisfied with what you learn about us, I would
ask your permission to call upon you when I have a potential donor to impress -- or,
conversely, you might call me when you have someone in mind that I should meet.
Dr. Rick Gelinas, Ph.D., Executive Co-Director
Little Acorns is a 501 (c)(3) non-profit tax-exempt educational corporation -chartered 1978
5888 SW 77th Terrace · Miami FL 33143, Pflone: (305) 667-7756 · Fax: (305} 669-4224 · Emaih Acorns2oakscearthlink.net , Web Site: www.web-sitel.com/acorns
Li Qe Acorn Children & Famil9 Pro Fam
BUDGET for 1998
INCOME
Metro (DHS,J,~G,LETF,Cultural Afl-lam)
Go,~rnor's Drug-Frea Communit~s
Dade Schools
City of Miami Beach
Individual & Corporate & Foundation Grants
177,000
50,000
5,383
9,000
175,600
416,983
LAW ENFORCEMENT FUNDING
anticipated for 1998
Service and costs to be covered by this funding:
# Family Training Programs I 10 I
PERSONS HOURS
# LA Children 120 3,360
# LA Parents 100 2,000
# HW Children 140 2,800
# MO Children 250 10,500
#MO Parents 100 800
#KCK kids 20,000 240,000
# unduplicated clients 20,710 259,460
AMOUNT
Little Acorns Instructors
Homework Club Leaders
Mighty Oaks Club Leaders
Kite Club Leaders
Equip. Lease
FICA/MICA
Worker's Comp.
Kids 'n Cops 'n Kite & Festival
Pdnting & Reproduction
Supplies & Materials
$18,550
$2,100
$3,65O
$6,3O0
$4,500
$1,859
$289
$30,000
$8,800
$4,000
Total Cost
Cost Per Person
Cost Per Service Hour
153'871
$0.31
EXPENSES
# OF PROGRAMS
SALARIES
Co-Dimctor/Trainer
Co-Diranta'fTrainer
Life Insurance
Community Uaisou Spec.
Little Acorns Instructors
Homework Club Leaders
Mighty Oaks Club Leaders
Trainees
BENEFITS
FICA/MICA
Health
Disability
Wocker's Comp.
CONTRACT SERVICES
Kite Club Leaders
Audit
Acccu nti~j/Bo(W, kesping
Equip. Lease
M~int. IRabair
Program E'caluation
INSURANCE
Property & Liability
Automobile
Accident
SUPPORT COSTS
Bank chg/intemst
Postage & Shipping
Telephone
Printing & Reproduction
Suppiios & Materials
R&D & Training
LA Meetings
Kids, Cops & Kites, & Festival
Equip. Purchase
Furniture/Fixtures
Local Travel
Non-Local Tra~l
Tmon- Field Trips
FUNB Loan
Office Supplies
Office Rantai and MainL
Licenses & Fees
Dues & Subscriptions
5O
45,000
45,000
7,470
26,000
92,750
10,500
18,250
18,740
5,200
4,575
1,755
6,300
5,500
500
15,550
4,200
3,200
2,150
100
800
3,500
3,000
33,000
17,500
100
150
30,000
2,000
5,700
150
6.600
700
1,000
18,550'
2,100.
3,650.
1,859
289
6,300'
4,500
8,800
4,000'
30.000.
$416,940 $80.048
81% of ~qe law enforcement funding will be used for direct se[vices & public awareness (dotted item~.
19% of the law enforcement funding will be used for se[vice support costs.
LITTLP, A ORN£
Children & Family Programs, loc.
1. Little Acorns Family Trainin9 Program This is a highly structured ten-week training
program that strengthens families and family members as a prevention strategy. The program uses
a fixed curriculum, pro- and post testing, teaching aids in the domain of music, art, puppetry and
rele-playing, and text books which were written by the Little Acorns Co-Director. The training
consists of after-school classes for kids and evening parenting classes for their parents.
2. ~ This program, which holds its meetings next door to the parent training
sessions of the Little Acorns program, and during the same hours, provides:
A. child services for parents with little ones and no baby sitter
B. tutoring and homework assistance for the school-age kids
3. Mighty Oaks 5¢rvic¢ Club
This is a follow-up training program for Little Acorns graduates. The Mighty Oaks Club provides:
A. community service projects which often include parent volunteers
B. opportunities to bond with positive peer groups in joint projects
C. group attendance at educational, cultural and recreational events
Mighty Oaks Family EmpowermCnt Workshops
A. brush-up meetings on parenting skills taught in Little Acorns
B. Informational and training workshops for children and parents
4. KIDS 'N COPS N KITES This is a mentoring service to juveniles, most of whom are from
high-risk neighborhoods. Many have learned from the street that the police officer is someone to
hate or fear. This project teaches kids otherwise. Kite Clubs and kite building and making activities
are offered through the Metro Parks system, DCPS after-school care programs, YMCA, Scout
Troops and church groups.
Impact and Evaluation
The 9/94 U.S. OJJDP pub., "Family Strengthening in Preventing Delinquency, a Literature Review", lists
one hundred and twenty-one published studies. All agree family strengthening is critical to the
appropriate maturation of high-risk youth. The author emphasizes that even a training period as brief
as ten weeks can have a salutary and permanent effect. Epidemiological surveys conducted by the
U.S. Government and cited herein indicate that psychosocial disorders leading youth to criminal
behavior are "likely" to worsen in a poor home environment. Conversely, etiological research cited
indicates a high probability that children impacted by any good family strengthening process or training
will not thereafter become serious law breakers. The research further shows that the earlier this
intervention is begun in the child's life, the better are the results. This implies a significant relief to the
justice system.
caveat: We do not claim to change people in ten weeks. We teach people how to develop and use their own inner resources
(which we all have) to improve themselves, to take charge of their life and live tt like a winner. We have [ound that Ihis makes
for an excellent point of departure from old bad habits and a strong entP/point for ongoing personal growth. Little Acorns gives
folks a good beginning in ten weeks. The Mighty Oaks Clubs and Family Empowerment Workshops, wifich families carl stay
with as long as they want to, teaches padicipants how to bond with appropriate peer groups and develop arid sustain
wholesome relationships and suppod systems.
Little Acorns is a 501 (c)(3) non.profit, tax-exempt educational corporation - charlcred 1978
5888 SW 77th Terrace · Miami FL 33143 · Phone: (305) 667-7756 · Fax; (305J 669-4224 · Emaih Acorns2oaks@earlhlink.net , Wel~ Site: www.web-sitel.com/acorris
DRUG & CRIME PREVENTION programs that are free of charge and that rely partly on entrepreneurtel funding
· .. a function of Little Acorns Children & Family Programs, Inc., the home of "Kids' Kite Contests" and "Kids 'n Cops 'n ~(ites'. .
and producer of the annual INTERNATIONAL ~1~ FE~IF,~L on Miami Beach
CHAIRMAN OF THE BOARD
BOARD OF DIRECTORS
LAW ENFORCEMENT
STEERING COMMITTEE
Arthu~ Washington Chief
Te~'rU WUlJamson Chief
WHO WE ARE
WHAT WE DO
HOW WE WORK
the Little Acorns maxcot
WHO: We are a local non-profit company governed by a
volunteer board of directors who are local business people and profess onals.
We were incorporated in Flodda in 1978. With the IRS we are a 501(c)(3)
corporation, meaning gifts to us may be tax-deductible. Our mission statement
is to strengthen children and strengthen families.
WHAT: We conduct training programs. Our oldest and most
important work is in self-esteem training and family strengthening. That program
is called "Little Acorns Juvenile Crime & Drug Prevention Family Training
Program". It's free of charge, offered in three languages, is rated 87% effr~ctive,
and is in its twelfth year of service. Our newest program, KII)5
begun in 1995, use kites to stimulate active self-directed learning and mentoring.
HOW: Because we don't charge for our services, we have been
about 80% dependent on government grants; and 20% on corporate gifts. But
government grants are stretched thin, and so is chadty. That's why we have
begun selling marketing services. Our annual ~lT[ffhqTI0il~qL FIT[ ~[~T~V,qL and our
year-long ~(~q00{_-~l~[D I(I[[ I~[~J~ offers business an investment in a measurable
sales promotion activity· We deliver a tailored package of benefits, and entrust the
University of Miami with evaluating the festival's marketing effectiveness. They
report their study results directly to each festival sponsor's marketing department.
Our first two festivals, in 1996 and '97, drew an audience of many thousands,
and about $400 000 ea._cl~,, year in co .r~o. rat~ marketing -- which was..~..stly in,
bah'er. The 1998 festival s fiscal goal ~s stdl $400,000 - but more or ·/n casn.
LET'S TALK!
YOU CAN HELP US SAVE KIDS;
WE CAN HELP YOUR BOTTOM LINE~
V s t us a_t http:l/www.web-sitel.comlacorns Email us at acorns2oaks~earthlink, net
Little Acorns Children & Family Programs, Inc, is a non-profit 501(c)(3) tax-exempt educational corp., operating since 1984
5888 SW 77t~ Terrace · Miami, FL 33143 · (305) 667-7756 · FAX (305) 669-4224
.
Janua~ 12,1998
Thomas Ribel, Chief of Police
Aventura Police Department
2960 Aventura Boulevard
Aventura, FL 33180
Dear Chief Ribel:
Please be our guest at the third annual "Kids & Cops For Peace" ceremony on
Friday, April 17, 1998. Exact time and location on South Beach TBA.
The Friday ceremony will be held as an official part of the 3rd annual "Little Acorns
International Kite Festival" on South Beach between 5th and 15th Streets, from Friday
the 17"~ through Sunday the 19t~ of April - always on the 3'd weekend of April.
We expect you will find yourself in nice company on that Friday, as a substantial
number of kids will be bussed to the event with chaperones for a "field trip day" which
we call "Kids Multicultural Day"; and we expect a goodly representation of Police Chiefs
and other law enforcement Directors (fed, state, county) situated in our community. We
expect several elected officials also to be present.
We will bring your Department's 4-foot tall ceremonial kite with the hand-painted
insignia on it, and there will be "professional" kite flyers at the event to help all the
Chiefs launch and fly their kites. At the same time, the kids will launch their home-
made kites in a gesture of solidarity with law enforcement and as an anti-drug
statement. Suitable words and music will accompany. Refreshments served.
Thank you for your ongoing interest in our work for kids.
Sincerely Yours,
, D, Executive Co-Director
D:~NlyFiles~pdocs~KiDS 'N COPS 'N KrTES~98 Ch~ Invit .wpd
Little Acorns is a 501(c)(3) non-profit, tax-exempt educational corporation - chartered 1978
5888 SW 77th Terrace · Miami FL 33143. Phone: (305J 667-7756 * Fax: (305) 669-4224 ° Email: Acorns2oaks~earth[ink.net · Web Site: www.web-si~el.corn/acorns
Kicls ancl (ops ~Cor Peace (eremonq
Rpri120, 1777
Officers proudly display their kites. Each kite was hand painted by volunteers.
Kids and Cops launch their kites
and pledge to create peace
at home, at school and in the streets.
The pledge was led by Footy from Y-lO0 Radio
and Barbara Stone from the Improv Comedy
Traffic School.
Photos by Brian Jakoby
Ti~ere is an epidemic in our society.
The epidemic of violence. No one is
immune to it - people at work, families
walking dow the street, children pJayin§ in
the yard, or sitting in their classrooms. We
live in fear - of each other.
Who will save us? Who has the
courage and power to make it end? We
do. After all the grand plans am in place,
and all of the needed resources are put to
bear on the problem - it still comes down
to you and me. It will take each and every
one of us to make it happen. And then the
violence can end.
Yes. It can. When we say it can. It
will end when we, the people -when we,
as individuals - do each and every one of
the many things, that are required to make
the madness end. Some of what we must
do requires money. New money. Some of
what we must do requires changes in the
judicial system, in education, in law
enforcement, in government.
So where do we begin? As always,
and as in all things, we begin at home. We
begin within ourselves. Our own hearts
and minds. Here is where the first action
must happen. And that action is called
"resolve". Without it, as a foundation for
change, we build on quicksand.
Our kite festival was created two
years ago as a pleasant connection with
air, sun, wind, and the great outdoors in
general. It was planned as an expression
of the world's many ethnicities and the
fine arts, with overtones of education in
the interplay between color, shape, and
movement. The festival was planned as a
taste of the wind's power, and as a viscer-
al introduction to the laws of physics and
aerodynamics, and as an experience in
craftsmanship and self-discovery. It was
planned, also, as a fundraiser for Little
Acorns, a juvenile crime prevention fami-
ly h-aining program now in its 13" year of
providing free family trainin§ services, in
partnership with the public schools.
But the kite festival had a larger pur-
pose. We wanted to use the kite, a symbol
of Americana from gentler times, as an
invitation to peace. Peace in our homes,
in our streets, in our schools, and in our
own minds and hearts. We wanted the
kite festival to contain a statement of
resolve. Resolve on a personal and private
level. Resolve to be committed, on a daily
basis in ail that we do, to peace in our
lives and in our community.
To articulate that statement, we are
closing this year's festival with a ceremony
called, "Kids And Cops For Peace". Every
pelice department and law enforcement
agency operating in Dade County has
been invited to participate, including the
FBI, the DEA, the Secret Service, and US
Customs. Every child in the Dade County
Public School system, of which there are
now 340,000, has been invited to partici-
pate - accompanied by their parents, if
under sixteen.
Rarely do all who are invited partici-
pate in any event. But many already have
accepted this invitation. Each participat-
ing law enforcement agency will have a
large kite with their shoulder patch,
insignia or emblem on it, six feet tall,
painted in color by area art students. The
children who come will have made their
own kite out of newspaper. A leading
community figure will explain to the
crowd what is about to happen. Then,
with stirring music playing, our team of
professional kite flyers will launch the
police kites together in one mass ascen-
sion. When the police kites are in place,
about thirty feet above the crowd, all the
children who are participating (which
could be in the thousands) will launch
their newspaper kites in a second mass
ascension. Kids' kites and police kites will
fly together, filling the sky over Miami
Beach, in a pledge that kids and cops will
be friends; and, most importantly, to pro-
mote a moment in which each of us can,
if we choose, become "resolved" to end-
lng the killing in our town. And to start by
bringing into our own lives the one and
only thing that can end the madness.
Peace
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
City Council C i~M/~e
Eric M. Soroka,
r
Harry M. Kilgore, Fin~ce S~upport Services Director
January 15th, 1998
Resolution Authorizing Agreement for Billing Stormwater Charges
January 20th, 1998 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council approve the attached resolution authorizing the
City Manager to execute the agreement with Miami Dade County for billing of
stormwater utility charges.
Back rg[_O__~_d
Pursuant to Ordinance No. 97-18, the City on October 1st, 1997 became responsible for
the ownership, maintenance and expansion of the stormwater management system
within our corporate limits. This included the responsibility to bill and collect the fees
from our property owners, residents and businesses.
For the southern portion of the City, which receives water service from North Miami
Beach, we reached an informal agreement for North Miami Beach to bill Aventura
stormwater charges on their North Miami Beach water and sewer bills. We have
received one check from North Miami Beach for October billings.
For the northern areas served by the Miami Dade Water and Sewer Authority (WASA),
arrangements were made for WASA to continue billing for stormwater charges on their
monthly and quarterly billings. However, instead of sending the collections to Metro
Dade Department of Environmental Resources Management (DERM), WASA agreed to
send all collections to the City. While WASA agreed to bill these amounts on behalf of
the City starting with their October billings, they advised us that we would need a billing
agreement approved by Metro Dade County and the City prior to releasing any funds to
the City.
Page (2)
Memo to City Council re:
Resolution Authorizing Agreement for
Billing Stormwater Charges
The first draft of the agreement which WASA proposed was received in late October
and was reviewed by City Staff and the City Attorney's office. There were a number of
items which were unacceptable by the City; these concerns were transmitted to WASA
on November 13th. We received the revised draft agreement on January 7th. We have
reviewed the agreement and all requested substantive changes were made. The
amount to be paid to WASA for billing services under this agreement is 87 cents per
account plus a reimbursement of start up costs (start up costs are capped at $500).
I, therefore, recommend that the City Council approve the resolution authorizing the
agreement. Once we approve the agreement, same will be placed on the Miami Dade
County Commission agenda for approval. Therefore, it will still be a couple of months
before we receive the revenues that WASA is holding on our behalf for all billings after
October 1st, 1997.
The amounts for stormwater utility fees which were billed within our corporate limits for
the period prior to October 1st, 1997 are beyond the scope of this agreement. All
amounts which were collected prior to 10/1/97 were remitted by WASA to DERM.
Since we "opted" out of the County system effective April 1st, 1997 by adopting
Resolution No. 97-28 on April 3rd, 1997 and the County approved the City's exemption
by County resolution on May 20th, 1997, the City asserts that DERM should pay the
amount collected for the properties within our corporate limits to the City. This matter is
being pursued separately but should not have an effect upon the approval of the
agreement for WASA to bill for the period after October 1st, 1997.
Based on the foregoing, I recommend that the City Council approve the resolution.
HMK/mn
FSS003-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR THE BILLING OF STORMWATER CHARGES BY
AND BETWEEN THE CITY OF AVENTURA AND
METROPOLITAN DADE COUNTY WATER AND SEWER
DEPARTMENT; 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
Agreement for the billing of stormwater charges by and between the City of Aventura
and Metropolitan Dade County Water and Sewer Department.
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 ,
who moved its adoption. The motion was seconded by ,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Resolution No.
Page 2
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 20th day of January, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT FOR THE BILLING OF
STORMWATER CHARGES
BETWEEN
MI~/4I - DAiDE COUNTY
AND
CITY OF AVENTURA
THIS AGREEMENT, entered into this __ day of ,
1997, by and between the CITY OF AVENTURA, FLORIDA, a municipal
corporation of the State of Florida (the "CITY"), and MI~kMI-DADE
COUNTY, a political subdivision of the State of Florida (the
"COUNTY").
W I TNE S S E T H:
WHEREAS, the COUNTY, through its Miami-Dade Water and Sewer
Department (the "Department"), operates the water and sewer utility
systems within the CITY; and
WHEREAS, effective October 1, 1997, the CITY has been
exclusively responsible to operate and maintain the stormwater
utility system within the CITY boundaries, and
WHEREAS, the CITY has requested the COUNTY to administer, bill
and collect a stormwater utility service charge simultaneously with
the issuance of the COUNTY's bills for water and sewer service;
NOW, THEREFORE, in consideration of mutual advantages, it is
agreed:
Section 1. The
designate and cause to
and sewer service accounts of
under the rules and regulations
CITY, jointly with the COUNTY, will
be identified from time to time the water
the Department which thereafter,
of the CITY, shall be billed for
stormwater utility service charges. The CITY shall designate the
rate classifications applicable thereto in writing to the COUNTY.
The COUNTY shall act thereon
classifications are changed in
understands and accepts that the
until such designations and
writing by the CITY. The CITY
COUNTY shall consider the person
or persons whose names appear on the COUNTY's water and sewer
service account as the persons responsible for the stormwater
utility service charges at the location involved.
Section 2.
of thirty (30) calendar days in advance of the effective date
schedule of rates and any revisions of such schedule of rates
The CITY shall deliver to the COUNTY a minimum
its
by
furnishing to the COUNTY a certified copy of the ordinance or other
action of the CITY promulgating said revised schedule of rates.
Until the COUNTY is so furnished with a revised schedule, the
COUNTY shall act upon the prior delivered schedule. The stormwater
utility service charge shall not be prorated due to a revised
schedule of rates, but the new rates shall be applied to the next
bill. No security deposits shall
shall delinquent penalty charges
stormwater utility charge.
be collected by the COUNTY nor
be imposed by the COUNTY on the
Section 3. The COUNTY agrees, during the COUNTY's regular
and periodic billing procedures, to cause to be billed and
collected from each water and sewer customer under said accounts,
as an added and designated separate item on the bill, the
stormwater utility service charge, according to the schedule of
rates established by the CITY for such customer. This shall be the
exclusive method for billing stormwater utility service charges
hereforth; no separate bills shall be issued. The CITY authorizes
and empowers the COUNTY to render such billing for the CITY's
account and on the payment thereof to give receipt and acquittance
therefor, either by endorsement of payment upon such billings or by
separate receipt. Upon the initial billing by the COUNTY to each
user of stormwater utility service and at any time during the term
of this agreement, as deemed necessary by the CITY, the CITY shall
at its sole cost and expense and independent of this Agreement,
advise such user of the method and arrangement between the CITY and
the COUNTY for the billing and collection of said charge by the
COUNTY for and on behalf of hhe CITY as the CITY's agent. The
COUNTY shall not be responsible for the notification of new owners,
occupants or tenants that there is a stormwater utility service
charge.
Section 4. The COUNTY agrees to observe the same
diligence, policy and procedure in the billing, and collection of
stormwater service accounts as is used by the COUNTY in billing and
collecting its water service accounts, except that the COUNTY shall
not terminate water and/or sewer service for non-payment of
stormwater utility service charges, nor shall it institute or
maintain suits at
charges. The COUNTY shall
accounts that are inactive.
law for collection of stormwater utility service
not be responsible for the billing of
The COUNTY shall not file any liens on
property for the collection of the stormwater utility charges.
Legal actions for non-payment of stormwater utility charges shall
be the sole responsibility of the CITY.
Section 5. The COUNTY will keep correct and proper books
of account, showing monthly gross billings of stormwater utility
service charges, and shall provide to the CITY a monthly statement
in writing, showing the net
the month covered by such
provided within sixty
Based on such statement,
of the amount due, less
and collection of said
deductions
amount owed the CITY by the COUNTY for
statement. This statement shall be
(60) days of the end of each monthly period.
the COUNTY shall make payment to the CITY
the COUNTY's compensation for the billing
charges and less any other payments or
as hereinafter provided in this Agreement.
4
Section 6. For billings performed from October 1, 1997 to
the termination of this agreement, 100% of the billed amounts for
monthly and quarterly accounts will be paid to the CITY, less the
deductions as provided in Section 5.
Section 7.
shall make available
representatives at
pertaining to the
for the CITY and
Upon written request from the CITY, the COUNTY
for inspection or audit by the CITY and its
any reasonable time all of its records
COUNTY's actions under this Agreement as agent
shall also
concerning the administration of
reasonably request, including
stormwater utility charges.
furnish to the CITY such information
this Agreement as the CiTY may
information as to delinquent
Section 8. Both the CITY and the COUNTY recognize that in
the billing and collection of service charges involving thousands
of customers, numerous situations arise which require discretion.
The CITY agrees with the COUNTY that the COUNTY may use its best
judgement in such instances. The COUNTY's method or manner shall
not be considered as negligence under or independent of the terms
and conditions of this Agreement and the COUNTY shall not be liable
or responsible to the CITY for any loss in stormwater utility
service charge revenues by reason of the COUNTY's discretionary
handling of such situations. Specifically, the COUNTY shall have
the right to remove or adjust the stormwater utility service charge
from a customer's bill if the customer provides proof acceptable to
the COUNTY that he or she was not the
the property when the stormwater
applied. However, COUNTY shall
adjustment to CITY accounts as
owner, occupant or tenant of
utility service charge was
slu~cLfult~ advise the CITY of all
part of the statements provided
pursuant to Section 5. Except as noted above, any adjustments to
accounts assessed a stormwater utility service charge shall be
initiated by the CITY and provided to the COUNTY in writing.
Section 9. The CITY agrees to pay to the COUNTY and the
COUNTY shall receive from the CITY, by means of deduction from
payments for monthly billings, compensation determined as follows:
A. Reimbursement in the amount of $500.00 to the
COUNTY costs incidental to the COUNTY's
establishment of the original records necessary for
the COUNTY to bill stormwater utility service
charges or accounts for and on behalf of the CITY
and as the agent of the CITY, including but not
limited to (1) payroll cost and related overhead
costs; (2) equipment purchased for the exclusive
of maintaining records necessary for billing
cost of all changes in COUNTY's
to make feasible the COUNTY's
stormwater utility service charges.
use
said charges; (3)
billing equipment
billing fer
6
This amount shall be paid within sixty (60) days
following the execution of this agreement.
B. For the period from the date of this agreement
until modified pursuant to Section 10 hereinafter,
a charge in the amount of eighty-seven cents
($0.87) per bill for all accounts to be charged the
stormwater utility service charge; and
C. Reimbursement monthly to the COUNTY:
1. For all costs and expenses incurred and paid
by the COUNTY during the preceding month in
defending legal actions brought against the COUNTY
by any person, firm or corporation, excluding the
CITY, involving billing or collection of stormwater
utility service charges on behalf of the CITY, or
involving the COUNTY's administration of the terms
and conditions of this Agreement; and
2. Reimbursement in the amount of $1,000 for
costs associated with converting the CITY's
stormwater utility service information and charges
to any new billing system which may be acquired by
the COUNTY. This amount shall be paid within sixty
days following the COUNTY's acquisition if a new
billing system and the submittal of an invoice to
the CITY.
Section 10. The COUNTY reserves the right to review and
revise the charges provided for in Section 9(b) hereinabove in
accordance with applicable law and the CITY agrees to be bound
thereby, provided the COUNTY provides 90 days notice to CITY of
said proposed revised charges.
Section 11. All phone calls and correspondence regarding
the stormwater utility shall be the responsibility of the CITY.
The COUNTY shall cause the phone number for the CITY, as provided
by the CITY, to be printed on the COUNTY's regular bill stock.
Section 12. The CITY agrees that the COUNTY shall not be
held liable for any damage, delay or other loss which the CITY may
experience as a result of the COUNTY's practices in administering
this Agreement.
Section 13. This Agreement shall remain in full force and
effect for a period of five (5) years after its date of execution.
This Agreement may be extended at that time by mutual consent of
the parties hereto, without which it shall terminate.
Notwithstanding the above provisions, this Agreement shall
terminate and be cancelled without further writings between the
CITY and the COUNTY upon either party providing six (6) months'
notice in writing to the other party so advising the other party.
Section 14. It is
and the COUNTY that the COUNTY's
and collection of stormwater
provided for in this Agreement.
understood and agreed between the CITY
obligation is limited to billing
utility charges as specifically
Section 15. The CITY shall not allow or permit construction
or installation of any connections of stormwater mains which allow
stormwater to enter the COUNTY's sanitary sewer system. The CITY
agrees to w~ its ~ut efforts to detect and lawfully disconnect all
stormwater connections to the COUNTY's sanitary sewer system within
the CITY's jurisdiction and submit within ninety (90) days of the
execution of this Agreement a timetable for the elimination of such
stormwater connections which is reasonably acceptable to the
COUNTY.
Section 16. This Agreement shall be binding upon the
respective successors and assigns of both the CITY and the COUNTY.
Section 17. Whenever written notice to the CITY is required
it shall be sent by Certified Mail, Return Receipt Requested, to
The City of Aventura, Government Center, 2999 N.E. 191 Street,
9
Suite 500, Aventura, Florida 33180 /Attention: City Manager).
Whenever written notice to the COUNTY is required it shall be sent
by Certified Mail, Return Receipt Requested, to Metropolitan Dade
County, Miami-Dade Water and Sewer Department, 4200 Salzedo Street,
Coral Gables, Florida 33146, (Attention: Director).
l0
IN WITNESS WHEREOF, the parties hereto have executed these
presents as of the day and year first above written.
ATTEST:
METROPOLITAN DADE COUNTY
BY: BY:
Clerk
County Manager
ATTEST:
CITY OF AVENTURA
BY: BY:
City Clerk
City Manager
Approved as to form and legal
sufficiency:
Approved as to form and legal
sufficiency:
Assistant County Attorney
CITY ATTORNEY
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council t_y~(~r
Eric M. Soroka, Ci
Harry M, Kilgore, F~na'l~...S~)port Services Director
January 15th, 1998
Resolution Authorizing Interim Service Fee Report be Prepared by
Tischler & Associates, Inc.
January 20th, 1998 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council approve the attached resolution authorizing
Tischler & Associates, Inc. to prepare an Interim Service Fee Report at a cost of
$22,3O0.
As you are aware, the City Council voted on an ordinance on first reading on November
4th, 1997 to establish interim service fees for property not yet included on the County's
tax roll. The Council adopted the ordinance on first reading but thero were concerns
about the legal defensibility of the methodology used to determine the fee to be
charged.
Based on those concerns, we contacted other local cities to determine if any of them
had recently adopted or revised their interim service fee rate schedule. Based on this
reseamh, we determined that the firm who has performed a number of studies in Florida
(as well as throughout the Country) was Tischler & Associates, Inc. of Bethesda,
Maryland. They have recently worked on interim service fee studies for Naples,
Deerfield Beach, Miramar, Wellington, Key Biscayne, Lee County and Collier County.
We, therefore, contacted Paul Tischler of that firm to discuss the feasibility of them
performing a study for Aventura. We paid the firm $3,009 to perform a Feasibility
Report for Interim Service Fees. That report is attached hereto.
Page (2)
Memo to City Council re:
Resolution Authorizing Interim Service Fee
Report be Prepared by Tischler & Associates, Inc.
The purpose of the Feasibility Report was to determine whether the projected dollar
value of potential interim service fee revenues is sufficient to justify adoption of an
interim service fee. Based on the Feasibility Study, the City should be able to generate
approximately $150,000 per year for the first two years that an interim service fee was
in effect. This is based on adoption of a fee structure which is cost related and legally
defensible. I have reviewed the calculations and assumptions and concur with Mr.
Tischler that the study justifies the implementation of an interim service fee.
However, in order to ensure that the interim service fee program is legally defensible,
we need to take the next step and hire Tischler & Associates to prepare an Interim
Service Fee Report. This report will be significantly detailed and include a review of all
City revenues and expenses, the effect of development on same and conclude with a
fee structure for each type of development in the City based on the timing of the
certificate of occupancy which determines the demand for City services.
Mr. Tischler has proposed a fee of $22,300, including all out of pocket expenses (travel,
printing, etc.) related to the study. The fee is reasonable based on the level of detail of
the required study. Further, Tischler & Associates methodology has proven to be
legally defensible and is an accepted standard for how such studies should be
performed. Since they already have an established methodology including computer
software, Tischler & Associates can perform the study in significantly less time than
other firms. Since we will start collecting revenues as soon as the fee study is
completed and adopted, it is in the City's best interest to complete this project as
expeditiously as possible. There are no funds budgeted for this study. However, the
cost of the study will be more than offset by new revenues within the first few months of
adoption of the fee. This can be accomplished with a budget amending ordinance at a
later date.
Based on the foregoing, I believe that it is in the City's best interest to waive the
bidding/proposal process based on the following criteria:
1. The methodology and expertise of Tischler & Associates is unique making
this a sole source acquisition of services.
2. Time constraints make it impractical to pursue proposals from other firms.
I, therefore,~hrecommend that the City Council approve the resolution. If approved at the
January 20 Council meeting, Mr. Tischler will start the project on January 26th and will
complete his work within 45 days. We, therefore, should be able to have a second
reading the Ordinance to establish interim service fees as well as a resolution adopting
the schedule of fees at the second Council meeting in March.
HMK/mn
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE PREPARATION
OF AN INTERIM SERVICE FEE REPORT BY TISCHLER &
ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura has expressed its intent to
establish INTERIM SERVICE FEES within the City of Aventura; and
WHEREAS, the City Council of the City of Aventura desires to adopt an Interim
Service Fee program which is fair and equal and legally defensible; and
WHEREAS, City staff recommends that the firm of Tischler & Associates be
selected to prepare an Interim Service Fee Report as a sole source acquisition based
upon their experience, qualifications, unique methodology and proven legal defensibility
of their reports.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The firm of Tischler & Associates is hereby authorized to prepare an
Interim Service Fee Report for the City of Aventura based on the methodology and
services and costs described in the "Feasibility Report for Interim Service Fee" attached
hereto as Exhibit A.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
~ This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by
who moved its adoption. The motion was seconded by
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice-Mayor Jay Beskin
Mayor Arthur I. Snyder
Resolution No.
Page 2
PASSED AND ADOPTEDthis
day of January, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
FEASIBILITY REPORT
FOR
INTERIM SERVICE FEES
AVENTURA, FLORIDA
December 30, 1997
Prepared By:
Tischler & Associates, Inc.
Bethesda, Maryland
Pasadena, California
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY ............................................................................. 1
II. RATIONALE FOR INTERIM SERVICE FEES ............................................ 1
m. APPROACH .................................................................................................... 2
IV. NEXT STEPS ................................................................................................. 3
V. SCOPE OF SERVICES ................................................................................ 3
VI. TIME AND COST .......................................................................................... 5
VII. QUALIFICATIONS ........................................................................................ 5
Tischler & Associates,
I. EXECUTIVE SU,MMARY
Interim Service Fees are fees charged to new development to cover operating
expenses which are not initially covered by mai estate taxes. As discussed further
in the next section, these interim service fees are prorated for the first year of
occupancy of the real estate until the real estate is put on the tax assessment roll.
Tischler & Associates, Inc. (TA) has reviewed various City documents and had
discussions with City staff. TA believes that interim service fees could be
calculated and that potential annual income could be in excess of $150,000 over
at least the next two years. This is based on a preliminary assumption of about
1,500 dwelling units per year and employment increases of 290 per year. To the
extent these figures are increased, the interim service the would increase.
The cost for a formal interim service fee calculation, as discussed in a later
section, is $22,300. The study could be completed within approximately 45 days
from time of start-up.
II. RATIONALE FOR INTERIM SERVICE FEES
Interim service fees are fees charged to new development to pay for its impact on
City facilities and services which are not otherwise paid by impact fees, property
taxes or other revenues. The primary reason for implementing interim service
fees is that a certificate of occupancy issued after January 1 of one year will not be
included on the City's tax rolls until the following January. Since the City needs
to provide services to the inhabitants of the residential and nonresidential space,
interim service fees are an equitable approach to having these users help to pay for
their fair share of the City services that are needed prior to the time the property is
assessed property taxes.
Without the implementation of the interim service fees, the existing taxpayers will
continue to subsidize operating costs incurred by the City to service the new
residents and employees from the time of the certificate of occupancy to the time
the property is put on the tax roll. Accordingly, the interim service fee schedule is
prorated for a period of from one to fifty-two weeks. A house receiving a
certificate of occupancy in the first week of January would pay a relevant interim
service fee for fifty-two weeks while the house which receives a certificate of
occupancy in the last week of the year would he paying one week (1/52 of thc
applicable service fees).
I
Tischler & Associates, Inc
III. APPROACH
This feasibility study utilizes a very generalized approach to establish a range of what the
impact interim service fee might be. The study also discusses the probable methodology to
calculate a more precise and defensible fee.
A. Estimated Allocable Expenses
The first step was to calculate the potential increased operating expenses due to growth.
Genera/ Fund activities which were assumed not to increase due to growth in this
preliminary analysis were City Council, Office of the City Manager and City Clerk.
Although the Community Development operating expenses will increase with growth, other
fees will offset the increased costs. The departments which will be affected by growth and
are reflected in this preliminary methodology are Financial Support Services, Legal, Public
Safety, Community Services and Non Departmental.
The budget document used for this analysis was the City of Aventura Proposed Operating
and Capital Budget - Fiscal Year 1997/1998.
For Financial Support Services the General Fund expenditures are $519,171. Based on
discussions with City staff, it is estimated that about 75% of the oper:~ting expenses are
variable and will increase with growth. The net expenditures are about $389,000.
The second activity is legal. The General Fund cost is $205,000.
For Public S',ffety, the general expenditures of $4,099,720 was reduced by two specific
revenue sources. These revenue sources were Police Detail Billing and County Court Fines.
These sources totaled $45,000 and therefore result in net cost for Public Safety of about
$4,055,000.
The Community Services category has expenditures of $1,307,000. This activity focuses on
roads and nmintenance, including landscaping and beautification. A direct revenue offset is
$78,000 from State revenue sharing utilized for road operations. Therefore the net cost is
approximately $1,229,000.
The Non-Departmental category cost totals about $516,000. There are no direct revenue
offsets.
The total cost of these activities is about $6,394,000. This compares to the ad valorem taxes
of $5,860,000. Since the focus of the interim service fee methodology is to recapture
unassessed real estate taxes, for the purposes of this preliminary analysis, the figure of
$5,860,000 is referenced in estimating the potential interim service fee amount. This
represents an 8% reduction of the allocable costs.
2
Tischler & Associates, Inc
The depa~ments included in this analysis provide services which benefit both residential and
nonresidential activities. Therefore the costs are allocated on a per capita and per employee
basis. These will then be allocated to dwelling units and nonresidential square footage.
B. Allocation to Population and Nonresidential
The 1997 estimated year round population is approximately 20,300. It is estimated that
seasonal residents constitute an additional 20% or 4,100 more persons. Therefore the total
peak population approximates 24,400. Given the City estimate of about 17,200 dwelling
units, this represents about 1.42 per unit, reflecting peak population.
The estimated total 1997 employment in Aventura is about 16,900. This is based on the
Dare County employment estimates by Traffic Analysis Zone (TAZ) in Aventura for 1995
(16,299) and 2005 ( 19,199) and averaging the employment increase, 290 per year.
The City services provided will benefit both residential and nonresidential activity.
Therefore the total 1997 population and employment figures of 41,300 will be used in this
feasibility analysis. Dividing this number into the ad valorem tax amount of $5,860,000
equals $141.89 or $142.00 per person and employee.
Assuming 1,500 dwelling units per year, averaging 1.42 persons, the population will
increase 2,130 per year. This would represent about $302,000 in interim service fees, (2,130
x $142). Assuming the Certificate of Occupancy is prorated evenly over the year, this figure
should be divided by two (assuming a mid year average) to generate about $151,000.
The nonresidential component will be a reflection of the estimated annual increases in
employment of about 290. The resulting interim service fee wilt be about $41,000.
Assuming the Certificate of Occupancy is prorated evenly over the year, this figure should
be about $20,000.
Therefore the total interim service fee would be about $171,000 annually. A reduction of
10% is assumed at this point to reflect existing property tax paid on the land. Therefore the
interim service fee is about $154,000 on an annual basis among the above development.
IV. NEXT STEPS
In order to implement interim service fees, a more formal and rigorous methodology must be
prepared to ensure that the amount paid at the certificate of occupancy reflects the direct and
reasonable impact of operating expenses to be incurred by the new development. Therefore
the following steps are recommended.
V. SCOPE OF SERVICES
We suggest the following tasks be conducted to derive a thorough and legally defensible
interim service fee program.
3
Tischtor & Associates,
Task I Review of Information and Confirmation of Services and Activities Eligible for
Interim Services Fees. TA will evaluate the specific parameters which will clearly meet the
interim service fee requirements. Considerations will include forecast period, geographic
subareas, type of land use, type of service, relationship to capital facihties and other factors.
Work Product:
See Interim Services Fee Report Below
Task 2 Conduct Level of Servig,¢ and q2ost and Revenue Interviews. TA will meet with
the Finance Director and various other service providers in the City in order to evaluate the
level of service and the operating cost factors which could be included in the interim
services fee.
The methodology will focus on population and employment by different types of land use.
Work Product: See Interim Services Fee Report Below
Task 3 Calculation of Revenue Offsets. In this task we wilt consider the various
revenues which should be deducted from the costs eligible for interim servicc fees. This is a
requirement of the interim services fee methodology and it will enable us to calculate the net
cost to be covered by fees.
Work Product:
See Intertm Services Fee Report Below
Task 4 Complete Interim Services Fee Methodolocv and Calculation. The completion of
the above tasks will enable the interim service fee methodology to be finalized. The interim
services fee will be expressed in terms of population and employment.
Work Product: See Interim Services Fee Report Below
Task 5 Preparation of Draft Interim Services Fee Report. We will prepare five copies of
a draft report which discusses the level of service and cost factors as well as offsetting
revenues. The report will include at a minimum the following information:
· A detailed description of the methodologies used during the study.
· A detailed description of all formulas used and accompanying rationale.
A detailed schedule of the interim services fee by population and employment.
· Other information which adequately explains and justifies the resulting recommended
fee schedule.
We will meet with the service providers to discuss the draft report, Any mutually agreed
upon changes will be reflected in the final report.
Work Product:
Draft Interim Services Fee Report
4
Tischler & Associates. Inc
Task 6 Preparation of Final Interim Services Fee Report. After City review, we will
make mutually agreed upon changes and issue ten copies of the final report. City staff will
be able to use the formulas to prorate the interim services fees by time period.
Work Product: Interim Services Fee Report
Task 7 Coordinate With City Officials and Staff. Throughout the process the consultant
team will coordinate with the appropriate City officials and other representatives for
developing necessary information or recommendations.
Work Product:
Meetings and Discussion
Task 8 Presentations. We will attend one presentation.
Work Product:
Appropriate Presentation Material
VI. TIME AND COST
We can complete the draft final report in about 45 days from start-up. The cost including
out-of-pocket expenses for all tasks is $22,300. We will invoice monthly on a percentage
completion basis.
VII. QUALIFICATIONS
Tischler & Associates, Inc. (TA), in business for over 20 years, is a risc'al, economic and
planning consulting firm with offices in Bethesda, Maryland and Los Angeles, California.
The firm has a national practice and a particular niche in fiscal impact evaluations and
impact fee/exaction analysis. TA has prepared over 300 fiscal impact evaluations of
comprehensive plans, annexations, specific projects, etc. It has prepared over 400 impact
fees/exactions for communities throughout the country. This includes interim service fee
evaluations for Naples, Deerfield Beach, Miramar, Wellington and Key Biscayne as well as
Lee and Collier counties. Deerfield Beach expects to collect about $I00,000 annually,
assuming only 150 new units. In Miramar the interim service fees are likely to generate in
excess of $200,000 per year. None of TA's public sector impact fees/exactions have ever
been challenged.
Our Florida clients have included: Tarpon Springs, Hillsborough County, Manatee County,
Sarasota County, Venice, Lee County, Lee County School District, Collier County, Collier
County School District, Naples, Pelican Bay*, Key Biscayne, Miramar, Deerfield Beach~
Coral Springs, Parkland, Stuart*, Wellington and Palm Coast* (*Private sector client).
5
Tischler & Associates, Inc
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka,
Teresa M. Smith, CMC, ~.ity
January 16, 1998
Canvassing Board
Reading January 20, 1998 City Council Meeting Agenda Item 7-G
Reading February 3, 1998 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council enact the attached Ordinance establishing a
Canvassing Board and procedures for the canvassing of election returns and
certificates of election.
Back.qround
The primary responsibilities of the Canvassing Board are to canvass absentee ballots
and certify election results. Based upon discussions with the Dade County Supervisor
of Elections and the practice of other municipalities in Dade County, it is recommended
that the City Clerk serve as the City's Canvassing Board, with the assistance of the
County Supervisor of Elections.
This Ordinance would establish that Board and provide that a certification of election
results shall be presented to the City Council at the first meeting of the City Council
following the election and the results shall be adopted by Resolution.
If you have any questions, please feel free to contact me.
tms
attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING SECTION 1 OF CHAPTER 26, "ELECTIONS,"
PROVIDING THAT THE CITY CLERK SHALL CANVASS
ELECTION RETURNS WITH THE ASSISTANCE OF THE
DADE COUNTY SUPERVISOR OF ELECTIONS;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code"); and
WHEREAS, the City Council wants to repeal any conflicting provisions of the
County Code pertaining to canvassing of elections and establish its own procedure for
the canvassing of election returns and certificates of election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section '1. The Code of the City of Aventura, Florida is hereby amended by
adding a new section to Chapter 26, "ELections" which shall read as follows:
Sec 1. Canvassin.q of Election Returns; Certificates of Election.
All municipal elections shall be canvassed by the City Clerk with the
assistance of the Dade County Supervisor of Elections. The City Clerk
shall present a certification of election results to the City Council at the
first meeting of the City Council following the election, which shall be
adopted by Resolution. Canvassing of election returns shall be conducted
under the applicable provisions of the Florida Statutes.
Ordinance No.
Page 2
Section 2, Repeal of Conflictinq Provisions. Any conflicting provisions,
ordinances or resolutions of the County Code, as made applicable to the City by
Section 8.03 of the City Charter, are hereby repealed in their entirety.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and 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. This Ordinance shall become effective immediately after adoption
on second reading.
The foregoing Ordinance was offered by Councilmember , who
moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Ordinance No.
Page 3
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
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 Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 20th day of January, 1998.
PASSED AND ADOPTED on second reading this 3~d day of February, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
/tms
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Ken Cohen, Councilmember
January 15, 1998
Billboards
January 20, 1998 City Council Meeting Agenda Item 8
Please place on the next available Council Meeting agenda a discussion item for
possible action relating to billboards.
Based on the fact that we have exhausted every legislative remedy available at the
state and federal levels, I propose that the City set aside funds in the preparation of
next year's Capital Improvement Program to buy out the remaining billboards.
KC/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
January 16, 1998
City Manager's Report
This report has been prepared as a follow-up to the items discussed at the January 6,
1998 Council Meeting by the Council and citizens.
The proper procedure for providing information on a 911 call will appear in
the Newsletter scheduled for February.
Two trial call boxes have been ordered for installation on Country Club
Drive. Five additional boxes will be ordered in the near future.
The Police Department will enfome State statutes relative to gopeds and
mopeds. They are not allowed on public right-of-way or sidewalks.
The cost of bulk mailing is 6.4 cents per letter which totals a savings of
approximately $45.00 per mailing for recreation and cultural items. Based
upon the time sensitive material the Community Services Department
mails, we recommend continuing the use of first-class postage to ensure
the most expedient service to our residents.
5. Pooper Scooper Action Plan - see attached.
Community Services Department has requested Turnberry Associates to
complete the required signage improvements at the intersection of
Country Club Drive and Lehman Causeway.
Code Enfomement has stepped up efforts to eliminate unauthorized flags
that violate the sign code.
8. The cost to add a 3-foot bike path around Country Club Drive would be
$118,000, not including design fees and permits
Traffic control on Biscayne Boulevard - see attached.
EMS/aca
Attachment
cc0468-98
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
Jeffrey M. Perlow, C~(~
Eric M. Soroka, Cit~/~ ~
January 12, 1998 (.~
"Pooper Scooper" Action Plan
Attached is a staff response to your concerns raised at the City Council Meeting
regarding the above subject.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO459-98
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
EricM. Soroka, Ci ~a a~r
Jaye U. Epstein, Comr~ Development Director ~
January 12, 1998
"Pooper Scooper" Action Plan
In response to comments made at last week's City Council meeting, I have met with our
Code Compliance Officers to develop an Action Plan to address this ongoing problem.
Beginning tomorrow morning Code Compliance Officers will police the area in front of
Promenade at Aventura and the Yacht Club from 6:00 a.m. to 8:00 a.m. and from 6:00
p.m. to 8:00 p.m. This will represent a commitment of 25% of our Code Compliance
hours to addressing this continuing problem. Additionally, the Officers have been
instructed to not dress in their uniforms in order to increase the chances of observing
violators.
The officers have also been instructed to not issue warnings, but to issue violations.
The fine for a first offence is not to exceed $25. We have also contacted the
Promenade to solicit their assistance in this matter. They have been informed that not
only will the dog owner receive a violation, but also the Promenade, as property owner.
I am hopeful that this plan of action will curtail, if not eliminate, this problem.
C: Gina Perez, Code Compliance Officer
John Gromosaik, Code Compliance Officer
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, C
January 12, 1998 (,,,, J
Update Report - Traffic'Control at Major Intersections
As you are aware, we have met with the Florida Highway Patrol (FHP), Metro-Dade
Police Department and County Public Works representatives to address the traffic
problems on Biscayne Boulevard at Ives Dairy Road and Miami Gardens Drive. The
following outlines our latest efforts in dealing with the traffic congestion:
Ives Dairy Road
Since January 5, 1998, a joint fome of Aventura police officers and Metro-Dade
police officers have been stationed at the intersections of Biscayne, Dixie and
N.E. 26th Avenue from 4:00 p.m. to 7:00 p.m. The officers are manually
controlling the traffic signals when necessary to expedite traffic and ticketing
motorists who block the intersections. Five officers have been assigned to this
detail. Gulfstream Park is paying the cost until March 1998.
The County and FDOT are evaluating the possibility of eliminating turns from
Dixie Highway onto Ives Dairy and establishing a permanent U-turn area north of
Ives Dairy to expedite traffic at the intersection.
Miami Gardens Drive
Based on Senator Ron Silver's efforts, beginning January 12, 1998, FH~ w~ii
control traffic at Miami Gardens Drive and the Dixie Highway intersection from
3:30 p.m. to 7:30 p.m. This will be provided by the State for a two-month period.
This is in response to the traffic problems created by the Biscayne Boulevard
Widening Project Construction.
in addition to the above, the Police Chief has directed the motor officers to patrol
Biscayne Boulevard during peak hours to respond to traffic problems.
FDOT has contracted with the City to provide officers during the construction phases as
weil.
I am aware of the City Council's priority in this matter and we will continue to direct our
resources to address the problem.
We will continue to monitor the situation and provide updates.
EMS/aca
cc: Tom Ribel, Police Chief
CC0457-98
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Site Visit. Investiaation. Expert Opinion
Agenda Item: Item No.3A, 3".3(., G.i> of /h~Nkt.eA 1/.)2 ,199'i3 agenda of
<~ / '
~ VC"'v'-I~/ .
I body
Date of Visit, Investigation or Receipt of Expert Opinion:
;/i,/-/I;;..zh, .
Nature of Contact: (check as applicable)
('1 Site Visit
() Investigation
() Expert Opinion
Substance of Contact:
Ic>o~ j~ vYC'l.
,
,
<-~, r:
-"";'I/i-j
-)j..--,.::--........ -.
"
,
:...b<~<--~'-1~ ~
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Identity of Any Person Participating in Contact:
J"...Pvu.:::.----
Respectfully,
Councilor Board Member Receiving
Communication: .
/1;',etC.d-- -< . ~ _ j.4. / -
Name:-/ ,//
-.::/ /.
/ .
Signature '
Filed this,L) / 1day of
/---l:/ii4LJ <-_<-L-
) /
,19, r. .
Clerk / Secretary
January 19, 1998
A WILD PLACE TO SHOP AND EAT®
To Whom It May Concern:
As an officer for Rainforest Cafd, Inc., I am giving this notification to anyone in receipt
hereof that Craig "Abe" Abraham is representing Rain forest Cafe, Inc. in the sign
variance matter for the Rain forest Cafd located in the Aventura Mall in Aventura,
Florida.
If further approval of his representation is necessary, please call me at the number listed
below.
Sincerely,
Stephen Cohen
General Counsel & Vice President of Real Estate
AN ENVIRONMENTALLY CONSCIOUS FAMILY ADVENTURE
CORPORATE HEADQUARTERS
STEPHEN COHEN
720 South Fifth Street, Hopkins, Minnesota 55343
Phone #: 612-945-5490 Fax #: 612-945-5492 Pager #: 888-730-9742
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that Champion Retail Limited
Partnership, a Florida limited partnership ("Champion") has made,
constituted and irrevocably appointed, and by these presents does
make, constitute, and irrevocably appoint George Berlin as its
agent for Champion and in its name, place, and stead to negotiate,
represent, and sign any and all documents required for zoning and
development matters for the properties located at 19205 Biscayne
Blvd. and 2875 N.E. 191 Street ("Champion Retail Properties")
coming before the City of Aventura or City Council. Champion
gives and grants unto George Berlin power and authority to do and
perform all and every act and thing whatsoever necessary to be
done in regards to the zoning and development of the Champion
Retail Properties.
:itk IN WITNESS WHEI~EOF, I have
day of ,~,~,,~--f , 1998.
Signed, sealed and delivered
in the presence of:
Printed Name
witness
Printed Name
hereunto set my hand and seal the
Jef~y' S%f~e~, President,
Champion Retail, Inc. as
General Partner of Champion
Retail Limited Partnership
STATE OF FLORIDA )
:SS
COUNTY OF DADE )
acknowledged before me this __
The foregoing instrument was
day of
.],z,~ ~ ..... .? , 1998 by Jeffrey Soffer, President of
Retail, Inc. as General Partner of Champion Retail
Partnership, ,/~ who is personally known to me or
produced the following identification:
Notary Public, State of Florida
Printed Name
Champion
Limited
who
My commission expires:
11123 ldo*;
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade 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 Dede
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING 1/20/98
APPLICANT NAME: RAINFOREST
CAFE, INC.
in the ...................... ~,~. ....................................... Court,
was published in said newspaper in the issues of
Jan 8, 1998
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dede
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 preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any disco t, rebate, commi for the purpose
of sec ng tols adverti ation in the said
{SEAL) ~'.v / OFF~CIAt. NOTARY SE ~
I _~.~~ [~ JAI4ETT LLERENA /
Octelma V. Fert~e~-~ r~ ,f~kno'~§l~lllON NUMBER /
~ OF AlfENTURA
~OTICE OF PUBLIC HEARING
6:00 p.m.
AI~UCM~ Rr::~UI~T ~e appacant is mquesa~ sign vadanc~
to: ~) pm~t a _=_:-~--,~, exledm' wa1 sign and 2) permit Ibe~
alt~lmmlbmd ~ ai~t to be ;=,~ Iben that Mltch is allom~ und~ ~
~ ~ Trac~ Q. Avemura 6th Addition. Plat Book
lZ~. Page ~a el Ihs Pufl~ Records of I:~de County, Flmida.
~ NE 191 ~ Suite SOO, Aventura, FIo~da, 33180. Plans rosy
be me.rind al m' before the Public Heming. 'Fne application rnsy
G~.,~, dur~g lbs beadag
~he Pubic Heming will be held at Columbia Aventura Medical Arts
Bm'king, 21'110 Biscayne Boulevard. Suite 101, Aventura. Floitda,
~3180. Yom .... .ems may be made in person at the hearing or filed
,.~..,,=.~,~-~---,.~ and mail same to City of Aventura, Community.
~ Deberlme~. 2999 N~ 191 Street, Suite s~0, Aventura.
~e Olde el am Ci~ Clm~ .46~t. not later than.t~o business, days
wi~ mepm:t lo any matter eonatdemd at a meeting <x hear',tg,, tliat
Teresa M. Smilh, CMC, City Clerk
98-3-010875M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade 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/ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING 1/20/98
APPLICANT NAME: CHAMPION
RETAIL LIMITED PARTNERSHIP
in the ...................... Y~Y~ .~ 5~. ....................................... Court,
was published in said newspaper in the issues of
Jan 8, 1998
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
(SEAL) ~/~5 '~P" OFFICIAL NOTARY SEAL
I, ~o~ to L~.lf~,s.~oN .u.s~a
Octelma V. Ferbeyre ~ ~' ~-?('/ JANETT LLERENA
cc.6004
~'~ MY CO~N EXPIRES
O~' ~.~' JUNE 23~2000
onY OF AVENTURA
apm.lCN~ i~E:'- Champ(oh ~ ~ Pmm~
2. ~ of ~o~y a~ ~ ~.
high ,,~,. ~ -.=,~e wait where no wall is propesed.
~UCATION NUMBER: 08.MA-97
LOCA11ONOF~UBJECTPROPERTY: East side of Biscayne
Boulevard bew~en NE 191 Street and NE
193 Street
LEGALDE~C~II~IION: To be known as Trac~ A end T~act D of
Softer Redlioh Plat lying
of Seclfon 3, Towsahip 52 Sou~, Range 42
East, (Lengthy legal - YOU may contact the
Community Dev~opment Department for tbe
complete legal description).
~ OF SUB. IECI' t~IOPERTY: Appro~imat~y 12.78 acres
Pfom a~ on lile and may be examined during regular business
betas in ~ Cay o~ Aventura, Community Development Department,
2gg~ NE 191 Stree~, Suite 500, Aventura, Florida, 33180. Plans may
be ~ at er before the Public Hearing. The application may
cbenga dmi~g (ne hea~ng process.
'[he Put~c I~ sa'Il be held at Columbia Aventura Medical Arts
SUiI~ 21110 Bisaayne B~ulevard,.Suite 101, Ave. ntu~, Fio~.da:
33180. Your comments matt be made m person at
in m'itg i.;u.- m the ;~eing date. Refer to apphcant/pmperty on
cem~%~mdenca m~. mail same to City of Aventura, Community
~c'.'c~l)ate~ ~999 NE 191 Street, Suite 500, Aventura,
Florida. 33180. Fer ~he~hinzTnafi~, pleese call (305) 466-8940.
In ..--~--~-..~ ~ 1he Ame~caca with Disabilities Act of 1990, all
3ersmts uho are ~ and who need accommodations to
padfl:ipMe In this ~ng because of that disability should contact
Ine ~ ~l;llm CSy Cinlk, 466-8901, not later than two bus~ness days
B a ~ ~l:il:ls~ any decision made by the Cit~ CoImCil
~ ~ed la a~ ~ed at a meeting or heenng, that
.,ay ..,..,4 I~ emum thar~verbatirn record o( the procaedmgs
made. mtich memd indudsa the testimony and evidence upon which
the apl~ ism be based.
Teresa M. Smith, CMC, City Clerk