02-17-1998 CC Meeting AgendaCity of Aventura
Cit~ Council
Arthur L Snyder, Mayor
Jay R. Beskin, Vice Mayor
Arthur Berger
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
CitV Manager
Erie M. Soroka
Cit~ Clerk
Teresa M. Smith
Cit~ Attorney
Weiss Serota & Helfman
AGENDA
Council Meeting
February 17, 1998 - 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Av~ntara, Florida 33180
1. CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items,
please indicate the item number you would like to address when the announcement regarding the
quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to
address the Council, you may be subject to cross-examination. If you refuse to submit to cross-
eXamination, the Council will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, GRANTING SPECIAL EXCEPTION
APPROVAL TO CHEESECAKE FACTORY, INC. FOR PROPERTY
LOCATED AT 19501 BISCAYNE BOULEVARD TO PERMIT AN
ADDITIONAL RESTAURANT WITH A COCKTAIl, LOUNGE-BAR
WITHIN A SHOPPING CENTER WHERE ONE (1) SUCH RESTAURANT
WITH A COCKTAIL LOUNGE-BAR IS PERMITTED IN A SHOPPING
CENTER; PROVIDING FOR AN EFFECTIVE DATE.
February 17, 1998 Council Meeting
Be
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ERECTION,
CONSTRUCTION AND OPERATION OF A GOVENMENTAL FACILITY
AS A DESIGNATED PERMITTED USE IN A ZONING DISTRICT ON
THOSE CERTAIN PARCELS OF LAND AS DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO LOCATED AT THE NORTHEAST CORNER
OF WEST COUNTRY CLUB DRIVE AND NE 190 STREET AND A
CONTIGUOUS PARCEL OF LAND LOCATED SOUTH OF NE 190
STREET IN THE CITY OF AVENTURA, OTHERWISE KNOWN AS
FOUNDER'S PARK; PROVIDING FOR RELEASE OF RESTRICTIONS;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
MOTION TO APPROVE LANDSCAPE PLAN SUBMITTED BY
APPLICANT, CHABAD HOUSE OF NORTH DADE, INC. IN
ACCORDANCE WITH THE THE PROVISIONS OF RESOLUTION NO.
Z-96-10-ACC-2 ADOPTED ON NOVEMBER 19, 1996
4. APPROVAL OF MINUTES:
Town Hall Meeting January 28, 1998
Council Meeting February 3, 1998
AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA:
Bo
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED POLICE BOAT DOCK LICENSE
AGREEMENT BETWEEN WILLIAMS ISLAND ASSOCIATES, LTD.
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.
(Authorizes City Manager to execute agreement with Williams Island for dock
space for police boat at no cost)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA,
FLORIDA, URGING THE MIAMI-DADE COUNTY SCHOOL BOARD TO
NAME THE NEW HIGH SCHOOL IN NORTHEAST MIAMI-DADE
COUNTY THE "DR. MICHAEL KROP HIGH SCHOOL"; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Urges School Board to name new high school in honor of Dr. Michael Krop)
2
February 17, 1998 Council Meeting
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
(Amends budget to provide for additional funding for Aventura Founders Park and
reclassification of two positions in the Police and Community Development
Departments)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BY AND BETWEEN THE
CITY OF AVENTURA AND MIAMI-DADE COUNTY AND/OR MIAMI-
DADE COUNTY FIRE RESCUE BOARD FOR A FIRE RESCUE
FACILITY; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement to assign the leased premises at
Point East to the County for a Fire Rescue substation)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-2-9-2, AVENTURA FOUNDERS PARK
DEVELOPMENT, TO M. VILA & ASSOCIATES, INC. AT THE BID
PRICE OF $1,913,680.25 AS CONTAINED IN EXHIB1T "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for construction of Founders Park to M. Vila & Associates, Inc.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BY AND BETWEEN THE
CITY OF AVENTURA AND 183ra STREET ROAD CORPORATION FOR
THE DEDICATION OF NE 183m~ STREET TO 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.
3
February 17, 1998 Council Meeting
(Authorizes the City Manager to execute agreemem to accept the dedication of
NE 183ra Street as a public roadway)
A RESOLUTION OF TIH~. CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BY AND BETWEEN THE
CITY OF AVENTURA AND LOCKltEED MARTIN IMS FOR
PARTICIPATION IN THE WELFARE TO WAGES PROGRAM;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIlS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement with Lockheed Martin IMS to
provide two Work and Gain Economic Self-Sufficiency (WAGES) customers with
a non-paid job training experience)
8. PUBLIC HEARINGS: - ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY ADDING A NEW
CHAPTER ENTITLED "SATELLITE DISHES", PROVIDING FOR THE
REGULATION OF THE INSTALLATION, MAINTENANCE, AND USE
OF SATELLITE DISHES DESIGNED FOR OVER-THE-AIR RECEPTION
OF TELEVISION BROADCAST SIGNALS, MULTICHANNEL,
MULTIPOINT DISTRIBUTION SERVICE, DIRECT BROADCAST
SATELLITES, MULTIPOINT DISTRIBUTION SERVICE,
INSTRUCTIONAL TELEVISION FIXED SERVICE, AND LOCAL
MULTIPOINT DISTRIBUTION SERVICE; DELEGATING REVIEW
AUTHORITY AND APPROVAL OF THE INSTALLATION OF SUCH
DISHES TO THE CITY MANAGER; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY ADDING A NEW
CHAPTER, ENTITLED "WIRELESS TELECOMMUNICATIONS
TOWERS AND ANTENNAS"; PROVIDING PURPOSE; PROVIDING
DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING GENERAL
REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING
PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED
USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION
USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL
OF ABANDONED ANTENNAS AND TOWERS; PROVIDING
NONCONFORMING USES; PROVIDING PROTECTION FOR
RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR
February 17, 1998 Council Meeting
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
AN ORDINANCE OF ~ 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 ~ OCCUPATIONAL LICENSE TAX RATE
FOR THE CLASSH?ICATION OF "ASTROLOGER, PSYCHIC,
FORTUNETELLER"; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
9. OTHER BUSINESS: None
10. REPORTS
PUBLIC COMMENTS
'l 2. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COUNCIL WORKSHOP
February 20, 1998
2:30 p.m.*
COUNCIL MEETING
March 3, 1998 6:00 p.m.
SPECIAL ELECTION
March 10, 1998
7a.m-7p.m.
COUNCIL MEETING
March 17, 1998
6:00 p.m.
TOWN HALL MEETING
March 30, 1998
7:00 p.m.**
*Government Center 2999 NE 191~t Street Suite 500
**Coronado Condominium 20301 W. Country Club Drive
This meeting is open to the public. In accordance with the Arne~cans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodati~as to participate in this meeting because of that disability should contact the Office of the City Clerk, 466-8901, not latex than two days
prior to such proceeding
Anyone wishing to appeal any decision made by the Aventura City Cotmcil with respect to any ma~a- considered at such meeting or hearing will need
a record of the proceedings and, for such purpose, may need to ensure flint a verbatim rec~d of the proceedings is made, which record includes the
testimony and evideace upon which the appeal is to be base&
Agenda items may be viewed at the Office of the City Clerk, City of Awa~tura Government Centex, 2999 NE 191~ Sirect, Suite 500, Aventura,
Florida, 33180. Anyone wishingto obtain a copy of any age~xde item should contact the City Clerk at 466-8901.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Council Cit~e
Eric M. Soroka, r
Jaye M. Epstein, AICl~ir~ctor of Community Development
February 10, 1998
SUBJECT:
Request of Cheesecake Factory, Inc. for a Special Exception to permit an
additional restaurant with a cocktail lounge-bar in the Aventura Mall.
(04-SE-98)
February 17, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the Special Exception be granted with the condition that the
operating hours of the cocktail lounge-bar not extend beyond those of the restaurant.
THE REQUEST
The applicant, Cheesecake Factory, Inc. is requesting a Special Exception to permit an
additional restaurant with a cocktail lounge-bar in the Aventura Mall where only one
such restaurant with a cocktail lounge-bar is permitted in a shopping center in a BU-2
District according to Miami-Dade County Code, Section 33-150(E)(4) attached as
Exhibit #1. (See Exhibit #2 for application).
BACKGROUND
OWNER OF PROPERTY:
Aventura Mall Venture
NAME OF APPLICANT: Cheesecake Factory, 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 - BU-2, Special Business District
North: BU-2, Special Business District
South: BU-2, Special Business District
East: RU-4A, Hotel Apartment House District; BU-2, Special Business District
and GU, Interim District
West: Biscayne Boulevard and F.E.C. Railroad
Existing Use - Aventura Mall
North: Office and Retail uses
South:Office and Retail uses
East: Turnberry Country Club and associated uses
West: Biscayne Boulevard and F.E.C. Railroad
Future Land Use Designation - Business and Office
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. To the west of the subject property is Biscayne Boulevard
and the F.E.C. Railroad.
The Site - The subject site is located at the northeast corner of Biscayne Boulevard
and the William Lehman Causeway (see Exhibit #3 for Location Map).
ANALYSIS
Consistency with Comprehensive Master Plan- The request is not inconsistent
with the Dade County Comprehensive Development Master Plan.
Community Development Department Analysis -
According to Dade County Code, an alcoholic beverage use may not be located within
1500 feet from another existing alcoholic beverage use or within 2500 feet from a
religious facility or public school. As an exception to these spacing requirements, one
(1) cocktail lounge-bar may be permitted in a shopping center in a BU-2 or more liberal
district, provided that it meets certain requirements.
The table below illustrates the alcoholic beverage uses within a 1500 foot radius of the
proposed Cheesecake Factory. No religious facilities or public schools are located
within a 2500 foot radius of the proposed restaurant and cocktail lounge-bar. Four (4)
restaurants with cocktail lounge-bars are currently within the Aventura Mall.
ALCOHOLIC BEVERAGE USES WITHIN A 1500 FT. RADIUS
BUSINESS LOCATION TYPE OF SERVICE APPROVAL
RECEIVED
T.G.I. Friday's Aventura Mall Cocktail lounge-bar Special Exception
Eastside Mario's Aventura Mall Cocktail lounge-bar Special Exception
Biz Bistro (vacant)* Aventura Mall Cocktail lounge-bar Special Exception
Rainforest Cafb Aventura Mall Cocktail lounge-bar Special Exception
Bloomingdale's Cafe Aventura Mall ' Table service only Not Required
Food Court Aventura Mall Table service only Not Required
Apache Bar & Grill Concord Plaza Cocktail lounge-bar Special Exception
* Since the Special Exception granted by Miami-Dade County runs with the land, the
next tenant may utilize the Special Exception for a cocktail lounge-bar.
This department has applied the same criteria used to permit one (1) restaurant and
cocktail lounge-bar in a shopping center, in order to evaluate the proposal for a fourth
restaurant and cocktail-lounge bar.
The conditions as required by Dade County Code Section 33-150(E)(4) are:
1. "shopping center in a BU-2 district containing net ground area of not less than 14
acres under one ownership";
The Aventura Mall site is approximately 97.96 acres under one ownership.
2. "approved plan showing 200,000 square feet of building ... with facilities for parking
not less than 250 vehicles";
The approved site plan for the Aventura Mall consists of approximately 2.3
million square feet of building and 8,576 parking spaces.
3. "restaurant serves full course meals regularly, and has accommodations for service
of two hundred (200) or more patrons at tables, and provided the restaurant
occupies more than four thousand (4, 000) square feet of floor space';
The Cheesecake Factory serves full course meals
accommodations for service of 341 patrons at tables,
10,400 square feet of floor space.
regularly, has
and occupies
"before any such cocktail lounge-bar will be permitted, the required floor area of
75,000 square feet and required parking for 250 vehicles in the shopping center
must be constructed"; and
More than 75,000 square feet of floor area has been constructed and more
than 250 parking spaces currently exist at the Aventura Mall (see #2
above).
"If this Special Exception is granted by the City Council, then the applicant is
required to conform to all requirements as specified in Section 33-150(E)(4) as
follows: (1) the cocktail lounge-bar in the restaurant structure shall not have outside
entrances and; (2) the lounge shall be so located that there is no indication from the
outside of the structure that the cocktail lounge is within the structure."
The floor plans submitted with the application show that the cocktail
lounge-bar in the restaurant structure does not have outside entrances.
Additionally, according to Article XXXVI, Section 33-31 l(d) of the Dade County Code, a
special exception should be evaluated using the following criteria:
1. The request would not have an unfavorable effect on the economy of Dade Countj~
The request for an additional restaurant with a cocktail lounge-bar in the
Aventura Mall would not have an unfavorable effect on the economy of
Dade County.
2. The request would not generate or result in excessive noise or traffic, cause undue
or excessive burden on public facilities, including water, sewer, solid waste disposal,
recreation, transportation, streets, roads, highways or other such facilities which
have been constructed or which are planned and budgeted for construction; and
The request would not generate or result in excessive noise or traffic, or
cause undue or excessive burden on public facilities above and beyond
that which is already contemplated for the restaurant in general and that
of the entire shopping center.
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 above and beyond that which is already
contemplated for the restaurant in general and that of the entire shopping
center.
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.
The request to serve alcoholic beverages in conjunction with a restaurant
located in a regional mall is not an unreasonable request. Restaurants
that serve alcohol with full course meals are compatible with, and are
typically found in, regional malls such as the Aventura Mall.
Citizen Comments
The Community Development Department has not received any written citizen
comments.
CONDITIONS
It is recommended that the request for the Special Exception be granted subject to the
following condition:
1. The operating hours of the cocktail lounge-bar shall not extend beyond those of the
restaurant.
5
EXHIBIT #1
ZONING
§ 33-150
(d) The word "owner" as used in this article
shall include owners of the foe, lessee and "agent
in charge."
(Ord. No. 57-19, § 32(L), 10-22-57)
ARTICLE X. ALCOHOLIC BEVERAGES*
Sec. 33-150. Location of establishments.
(A) Distance from other establishments. Unless
approved as a special exception (Section 33-
311(d)), no promises shall be used for the sale of
any alcoholic beverages, as defined heroin, to be
consumed on or off the premises where the struc-
ture or place of business intended for such use is
located less than fit'ceen hundred (1,500) foet from
a place of business having an ex/sting,
unabandoned, legally established (and not one of
the uses excepted from the spacing requirements
hereinafter provided) alcoholic beverage use wh/ch
permits consumption on or off the premises. The
fifteen hundred (1,500) feet distance require-
ments shall be measured by following a straight
line from the nearest portion of the structure of
the place of business.
(B) Distance from church or school. 'Unless
approved as a special exception (Section 33-
311(d)), no premises shall be used for the sale of
alcoholic beverages to be consumed on or off the
premises where the structure or place of bnsiness
intended for such use is located less than twenty-
five hundred (2,500) feet from a church or public
school. The twenty-five-hundred-foet distance re-
qnlrement shall be measured and computed as
follows:
(1) From a church, the distance shall be mea-
sured by following a straight line from the
*Charter reference-Authority of County to establ/sh
and enforce regulations for saJe of alcoholic beverages in
unincorporated areas and to approve munic/pal regulations on
hours for the sale of alcoholic beverages, § 1.01(AX 16).
Cross reference~--Definition of alcoholic beverages, §
33-1(3); definition of bar or saloon, § 33-1(10); definition of
beer, § 33-1(13); definition of cabaret, § 33-1(23); definition of
intoxicating llquors, § 33-1(59); ,~inors gaining admission to
prohibited places, or for purposes of securing beer, liquor or
wine, by false statements or credentials, § 21-10; package
stores and nightclubs in hotels, RU-4 District, § 33-222.4.
front door of the proposed place of business
to the nearest point of the church struc-
ture, and
(2) From a public school, the distance shall be
measured by following a straight line from
the front door of the proposed place of
business to the nearest point of the school
grounds.
(C) Compliance prerequisite to issuance of li-
censes, permits and certificates. No certificate of
use or occupancy, license, building or other permit
shall be issued to any person, firm, or corporation
for the sale of alcoholic beverages to be consumed
on or offthe premises where the proposed place of
business does not conform to the requirements of
subsections (A) and (B) above.
(D) Nonconforming uses; definition of abandon-
ment. The uses referred to in subsections (A) and
(B) above that are in violation of the provisions
thereof, and that were in existence on or before
June 14, 1956, shall be deemed to be nonconform-
ing and as such may continue until there is an
abandonment thereof, provided that such noncon-
forming uses have boen established and proven to
the satisfaction of the Department on or before
October 1, 1956, and not thereafter. Afl. er October
1, 1956, the r/ght to establish a use not conform-
ing with the requirements of subsections (A) and
(B) shall have expired and shall not thereafter be
recognized. Any uses, created and established in a
legal wznner, which may thereafter become non-
conforming, may continue until there is an aban-
donment. Once a nonconforming use is aban-
doned it r~nnot be re-established unless it can
conform to the requirements of this chapter.
Abandonment shah consist of a change of use or
of a suspension of active business with the public
for a per/ed of not less than three (3) months, or
prior to the end of the per/od, on a written
declaration of abandonment by the tenant and
owner of the premises if under lease, and if not, by
the owner.
(E) Exceptions to spacing and distance require-
ments. The restrictions and spacing requirements
set forth in subsections (A) and (B) above shall not
apply:
(1) To private clubs, provided such clubs con-
form to all the requirements of a private
Supp. No. 16 5229
§ 33-150
DADE COUNTY CODE
club as stated in Chapter 561 of the Florida
Statutes and other applicable State laws,
and providing that there are no signs of
any type exhibited or displayed or other
indications that can be seen from the exte-
rior of the clubhouse, building or structure
that alcoholic beverages are served. Before
a certificate of use and occupancy to serve
alcoholic beverages will be issued, the ap-
plicant must submit necessary data to prove
that it is eligible for the use and complies
with Chapter 561 of the Florida Statutes or
other applicable State laws; provided, any-
thing to the contrary notwithstanding, these
requirements must be complied with, even
though the club intends to serve only beer
and/or wine.
(2) ESTABLISHMENTS IN RU-4, RU-4A DIS-
TRICTS. To cocktail lounges, bars and cab-
arets located in RU-4 or RU-4A Districts
and which conform to the requirements of
said districts, or such other cocktail lounges,
bars and cabarets in other liberal districts
as may comply with the RU-4 or RU-4A
requirements.
(3) RESTAURANTS IN BU-1, BU-1A DIS-
TRICTS. To dining rooms or restaurants
located in the BU-1 or BU-1A Districts .
which comply with the requirements of
such districts and serve cooked, full course
meals, daily prepared on the promises, or
such other dining rooms or restaurants in
other more liberal districts complying with
the requirements of the BU-1 or BU-1A
District and which serve cooked, full course
meals, daily prepared on the premises,
providing that only a service bar is used
and' the sale of alcoholic beverages are sold
only to persons seated at tables.
(4) COCKTAIL LOUNGES IN RESTAURANTS
IN SHOPPING CENTER IN BU-2 DIS-
TRICT. To cocktail lounge-bars (including
package steres) in restaurants located in a
shopping center in a BU-2 or more liberal
district cont-lnlng net ground building area
(including parking) of not less than four-
teen (14) acres under one (1) ownership of
title with an approved plan showing 200,000
square feet of building area and improved
(5)
(6)
by not less than seventy-five thousand
(75,000) square feet of floor area thereon,
with facilities for park/ng not less than two
hundred fifty (250) vehicles, provided such
restaurant contains all necessary equip-
ment and supplies for and serves full course
meals regularly, and have accommodations
for service of two hundred (200) or more
patrons at tables, and provided the restau-
rant occupies more than four thousand
(4,000) square feet of floor space. Only one
(1) such cocktail lounge-bar will be permit-
ted in the shopping center, and such res-
taurant use shall be at least five hundred
(500) feet from any church or school mea-
sured as otherwise provided in this section.
Before any such cocktail lounge-bar will be
permitted the required floor area of seventy-
five thousand (75,000) square feet and re-
quired parking for two hundred fifty (250)
vehicles in the shopping center must be
constructed. The cocktail lounge-bar in the
restaurant structure shall not have outside
entrances and the lounge and package store
shall be so located that there is no indica-
tion from the outside of the structure that
the cocktail lounge and package store are
within the structure.
BEER AND WINE FOR OFF-PREMISES
CONSUMPTION. TO the sale of beer and
wine as a grocery item for consumption off
the promises, from grocery stores and meat
markets within the hours adopted and pre-
scribed by the County Commission.
CONVENTION HALLS IN BU-1A DIS-
TRICTS. To convention halls located in
BU-1A, or more liberal business and indus-
trial districts, which meet the following
requirements: (a) Where the hall is part of
the operation of a hotel or motel and di-
rectly under its management. (b) Where
the square footage area of the convention
hall is at least ten thousand (10,000) square
feet. (c) Where the seating capacity of the
hall is in excess of five hundred (500)
persons. (d) Where the sign advertising the
cocktail lounge or bar use is of same or
similar type as is permitted for motels in
Supp. No. 16 5230
SY CHADROFF
LOUISJ. TERMINELLO*
NANCY TERMINELLO**
MATTHEW R. COHEN
ALSO ADMITTED IN:
*NEW YORK
*WASHINGTON, D.C.
**NEW YORK
CHAt~ROFF, TERMINELLO & TERMIr~ELLO
ATTORNEYS AT LAW
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2700 S.W. 37 AVENUE
MIAMI, FLORIDA 33133.2728
(305) 444-5002
FAX: (305) 448-5566
PLEASE REPLY TO:
MIAMI
January 15, 1998
BROWARD OFFICE
2455 HOLLYWOOD BLVD.
SUITE 118
I~OLLYWOOD, FL 33020
(954) 929-9600
Amy E. Skiles, Assistant Planner
City of Aventura
Community Development Department
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
Re:
Cheesecake Factory-Aventura
19501 Biscayne Boulevard, #791
Aventura, Florida 33180
Dear Ms. Skiles:
The undersigned represents THE CHEESECAKE FACTORY, INC., d/b/a The Cheesecake
Factory, your applicant for public hearing requesting a special exception to permit a cocktail lounge-
-sit down bar in a restaurant located in a shopping center. We are requesting a special exception to
the spacing requirements which provide that only one (1) cocktail lounge-bar may be permitted in
a shopping center in a BU-2 or more liberal district, provided that it meets certain requirements
pursuant to Miami-Dade County Code, Section 33-150(E) (4). [In addition, we are requesting a
special exception to permit a cocktail lounge-sit down bar in a restaurant spaced less than the
proscribed distance of 1,500 feet from another alcoholic beverage use.]
Currently, three (3) restaurants with cocktail lounges-bars are located inside the Aventura
Mall, each having received a special exception from distance requirements by Miami-Dade County.
Within 1,500 feet of the proposed Cheesecake Factory are the following alcoholic beverage uses:
three (3) restaurants with cocktail lounges-bars, the food court, the Rainforest Cafe and a restaurant
with a cocktail lounge-bar located in the Concord Plaza. No religious facilities or public schools are
located within a 2,500 foot radius of the proposed restaurant and cocktail lounge-bar. The requested
sit. down b~/cocktail lounge in the Aventura Mall has been approved by the City of Aventura on two
prior occasions.
EXHIBIT #2
Amy E. Skiles, Assistant Planner, City of Aventura
January 12, 1998
Page -2-
The Cheesecake Factory has no objection to conforming with all requirements as specified
as specified in Section 33~150(E)(4) as follows:
1. The Aventura Mall is approximately 97.96 acres and under one ownership.
2. The approved site plan for the Aventura Mall consists of approximately 2.3
million square feet of building and 8,576 parking spaces.
3. The Cheesecake Factory serves full course meals at all times, has accommodations
for 341 patrons at tables, and occupies 10,400 square feet of floor space.
4. More than 75,000 square feet of floor area has been construced and more than 250
parking spaces currently exist at the Aventura Mall.
5. The cocktail lounge-bar in the restaurant structure does not have any outside
entrances, and is located in a location which provides no indication from the outside of the structure
that the cocktail lounge is within the structure.
Please note that in conformity with Article XXXVI, Section 33-31 l(d) of the Miami- Dade
County Code, this request would not have an unfavorable affect on the economy of Dade County.
In addition, this request will not generate or result in excessive noise or traffic, or cause undue or
excessive burden on public facilities above and beyond that which is already contemplated for the
restaurant in general and that of the entire shopping center. Our request would not tend to create a
fire or other equally or greater dangerous ba?ard or provoke excessive overcrowd'mg or concentration
of people or population above and beyond that which is already contemplated for the restaurant in
general and that of the entire shopping center. The operating hours of the cocktail lounge-bar shall
not extend beyond those of the restaurant.
Finally, the request to serve alcoholic beverages in conjunction with the restaurant located
in a regional mall is not an unreasonable request. Restaurants that serve alcohol with full course
meals are compatible with and are typically found in regional malls such as the Aventura Mall. Of
course, if you need any further information in this regard, please do not hesitate to contact me.
Very truly yours,
Nancy Terminello
NT/ndc
cheesecake-avent ut a~letter of intent
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
2999 NE 191 8treet, Suite 500
Aventura, Florida 33180
(305) 466-8940
PUBLIC HEARING APPLICATION FOR SPECIAL EXCEPTION
DATE:
PROPOSED PROJECT NAME: THE CHEESECAKE FACTORY
LOCATION: 19501 Biscayne Boulevard. Aventura. Florida 33]8~
TRACT Q, AVENTURA 6th ADDITION AS RECORDED IN PLAT BOOK 120,
LEGAL DESCRIPTION:
PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY
FOLIO NUMBER(s): 28-2203-0380010/28-2203-0380-070
CURRENT ZONING: BU2 CURRENT LAND USE: SHOPPING t~ALL
PROPOSED USE OF PROPERTY: (Attach additional sheets if necessary)
Restaurant with cocktail-lounge-bar
Name of Applicant or Contact Pemon:
THE CHEESECAKE FACTORY~ INC. ~ c/o Nancy Terminell% Esq.
Phone No.:
(305) 444-5002
Address of Applicant:
CHADROFF, TERMINELLO & TERMINELLO
2700 S.W. 37th Avenue, Miami, FL 33133
Name of Property Owner (ff other than Applicant): Phone No.:
AVENTURA MALL VENTURE, c/o Ken Berstein, Esq. (305) 933-5545
Address of Property Owner:
Turnberry Associates
2875 Northeast 191 Street, Suite 400, Aventura, FL 33180
The following documents are required to be submitted with and deemed to be
incorporated into thin petition, as applicable:
N/A
N/A
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT.
Please describe in detail, whether and to what extent the requested deveiopment 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) 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 Encumbrancas 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-Dade employee from the Zoning Information
Section.
N/A
Twelve (12) 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 utility
lines.
__ 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).
__ Twelve (12) sets of photographs of existing structures on site and/or 8"x10' color photographs
or color rendering of proposed construction.
Disclosure of Interest Form
Is this hearing 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?
Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property.
Is there an option to purchase or lease subject property or property contiguous thereto,
predicatedontheapprovalofthisapplication? 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?
Yes x No
Yes x No
Yes No x
Yes x No
Yes No x
2. Labels, Notification and Advertising (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:
X
__ 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 subject property
constitutes only a portion of a contiguous ownership parcel, the exterior 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 of the public headng until such time that the required labels are received
x
The subject property shall 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
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.
Filing and Hearing Fees
__ A check made payable to the City of Aventura for the amount of $ 850.00.
__ A check made payable to MiamI-Dade County for $110.00 for Concurrency review by the
County.
4. 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.
5. 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 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 hearing and will be returned to the applicant. The filing of an incomplete
application will not reserve a place on the hearing agenda. An application submitted prior 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.
For Office Use
Date Application Received: Application Number:
3
~ 81gMtu~ of Pe~loner
/
~' ~/~e when ~r M NOT ~ ~ ~ ~e Sub~ ~:
d~o~ ~d ~y ~t I ~m ~ ~t ~ ~e pm~ d~ a~ ~ ~ ~ m~ ~ ~e
pm~ ~g; ~ M ~e.n~m ~ ~ qu~ in ~ ~=n, and ~ d~ a~ ~
DEVELOPMENT APPLICATION OWNER CERTIFICATION
(Pk.m ~..pk~ ~ that tpp~y)
For use when nedfoner b ~he Owner of
for any pt~l~o heating. I a~'t~Yu~m~lel~ndat~'pp'":-ca~-°n requ .,1~.._pt~ prior to tN~ peliflo~.belng sc~edulecl
r~iardlng Cl.nsl-Judl~l~l Ixoc~dl-,-- 'lN~'~u~ _m_y~m~_ _O~!h. ll.lty t~ ~omply w~th.the City's requirements
Tntnined heroin am true ,,~d co~t r .~m, nave mlKI this peulton and ~a n~a~ements
P~lnt Nnme of PelWo.er / $1gnnt~ of PMItk~r '
STATE OF~
1'he I~regolng In~'ument was ~mm 1o md Subs/c~¢l~l bef~ me ibis
Prtnt.cl N~me d Nota~ PuIA~ / Slgnatum of N~ary public
For u~e when Wi?er M NOT M Owner of Itm -~,~'_ ~-~__ PmPer~Y:
more~ata peuuon. I nm mrmer cefiJfies that i have mad
this pMifion and fha ~lteft~ ~)r~lllned herein are true and~.~
Pflnt N~me of Pe6floner Signature of Pet]flmmr
~ ~'~-'~%-- , being flint duly ~wom,
d~pose and ~y that I ~m the ,l~t'Aen~nt of the property described ~nd which k~ lhe subject ~atter of the
pmpoaed he,ring; th~,! -II the .,n~wem to th~ quesflon~ in thi9 ~ppllcation~ ,,nd MI ~keffih d~,ta and other
9upplernentary matter attached to and m~d~ ~ p~rt ~f the ~pplicaflon em honest ~nd ~u~. I u~demtand
this ~ppllcation rnu~t be completed ~nd ,.:curate before a hearing can be advertised. In ~he event Ih=t I or
· ny one ~ppe~ring on my I~helf ~ found 1o h~ve made ~ mete~al mbrepn~e~on, either oral or written.
re~ardln~ thb ~ppllcation. I und~mtand that ~ny development a~n m~¥ be voidable at the option of the
C of^v.n. . __
PM Name of I~tlti~ler Signature of Petitioner ·
STATE OF CA~][~'0RI~Z~ COLINIY OF Tuo$ Aa~ele$
~e _for~lo~ Jn~ner~ was ~om to ami ~ubs~b~l before me ~JL_.~._ day of ~Ta~ua~ 1998
by GeraId 14. Delt:chle ~ W~,~
~ /c~'t°~'''~''~ ~"--~'~ Nota~Pubflc-Callf~'n~ ~_
Pdr~ed Name of Nota~ Public
My Commission E3q~iree:
Affomev Affldavlt
I, NANCY TEIhMINELLO, ESQ. , being firstduly
sworn, depose and say fiat I am a State of Florida Attorney at Law, and I am the Attorney for the
Owner/Applicant of the property described and which is the subject maffer 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 bert of this application are honest and true. 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 behalf is found to have made · meteriql miaropresentation, either oral or written, regarding this
application, I understand that any developrnent action may be voidable at the option of the City of
Nancy Terminello
Print Name of Petitioner
STATE OF ~ORIDA COUNTYOF
TheforegoinginstrtlnentwasSworntoandSubsmlbedbeforemethis [_2_~h_dayo~ .T ...... 3' . 19 98
1
by NAR{~' TI~RMTI~TTT,T.(3 who iS pemonally Imown to me ~r who has produced
Corporation ,AIWdavft
d~o~ and ~y tha~m
a~ as su~, have b~n a~dz~ by ~ ~omflon ~ fi~ ~is appli~fion ~r public headng; ~at all
an~m to ~e queefi~s ~ ~ a~lic~on and all skies, data and other supplem~ maffer
affa~ed to and made a pea of ~is appli~fion am honeM and tree; that ~id ~mtion is the
owner~enant ~ the pm~ de~H~d bemln and ~i~ is the eubje~ mailer of the pmpos~ headng.
We undem~nd that this applicon must be ~mple~ and a~u~e b~ a h~fing ~n be adve~sed.
In the e~nt ~at I or any one appea~ng on our ~ha~ is found ~ have made a matedal mismpre~ntatmn,
eider omi or ~n, regarding ~is appli~t~n, I unde~nd ~at any de~lopment a~ion may ~ voidable
at ~e °pti°n ~ ~e C~ ~Avenmm
Print ~ of Pe~oner Signa~m of Pe~oner
STA~ OF ~Z~O~ COU~OF
, ~y ' (~ ~ ~ ~nM~ ~ m me ~ who ~as
PH~ Nam~ ~ N~ Pu~io
~ ~n~ [
Permitting Tennnt to File for a Hearing
(Partnership)
Parmership, which is the owner of the pmpe. rty legally de~orib~l below and which is lin subject
of the proposed hcaxlng, do he. by ~raut consent ~o THE CHEESECAKE FACTOaY, ~N,C~ Tenant.
to file this application for a public heming.
Lc~l Descrlp~on:
Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the
$i~tam~
~s
Pdnt N~fme'
STATE OF ~LOB~nA
DADE
COUNTY OF
Name of Pnrmership
Add.ss:
2875 N.E. iglst Street, Suite #400
Aventura, Florida 33180
pr~tN~mcJACQUELYN SOFFER, as agent
for DONALD SOFFER, general partner
~ or has produced , as idantification.
With=Ss my si~'lature and official semi this [~'~,l~y or Oanuary
the County and Slate aforesaid.
The foz~goingimimunentwasacknowl~dg~mtbefor~me by TA~?IaI.YN R~ITF}~R. t~
, a parlae~thip. He/~.~e is pe~o~y [mown
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. [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].
CHEESECAKE CORPORATION OF AMERICA, INC.
Corporation Name
Name, Address, and Office
THE CHEESECAKE FACTORY, INC.
Percentage of Stock
100%
David Overton, President and Director
12030 Crest Court, Los Angeles, CA 90210
Gerald Deitchle~ Vice-Presdient~Treasurer
1778 Calle Tierra Vista,Camarillo,CA 93010
Linda Candioty, Vice-President,Secretary
3696 Dixie Canyon Avenue, Sherman Oaks,CA 91423
If the property which is the subject of the application is owned or leased by a TRUSTEE, list the
beneficiaries of the trust and the percentage of interest held by each.. [Note: where the
beneficiary(les) 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
~ercentage of Interest
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,
and the percentage of ownership held by each. [Note: where the partner(s) consist of another
partnership(s), corporation(s), trust(s), or other similar entities, further disciesure 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 noL 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 coq)oration, 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/~ct:
Name and Address /Pementage 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 owr~ership or cha':nges 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.
Signature of Applicant Print Name of Applicant
STATE OF CAI,[FOP, i~IA COUNTY OF
The olngin was to and Subscribed before methis I~ dayof .]at~ua~7 , 19 98
~dnted Name M Notary Public
My Commission Ex~_ire~.: ........ - -- ~
~\/~./~.~Oi ~ CAEOLYNUEBELE~SCHOEW J
who is personally known to me or who has produced
~ as i~n.
Note: Disclosure shall not be required of any entity, the equity 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 ere 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 Ilmffed partnership.
2
EXHIBIT #3
BROWARD
COUNTY
COUNTY
N.E..
A~*/TURA
MI,Ua ~S
N
*~92 Si', CNJSEWAy
SITE LOCATION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, GRANTING SPECIAL
EXCEPTION APPROVAL TO CHEESECAKE FACTORY,
INC. FOR PROPERTY LOCATED AT '19501 BISCAYNE
BOULEVARD TO PERMIT AN ADDITIONAL
RESTAURANT WITH A COCKTAIL LOUNGE-BAR
WITHIN A SHOPPING CENTER WHERE ONE ('1) SUCH
RESTAURANT WITH A COCKTAIL LOUNGE-BAR IS
PERMITTED IN A SHOPPING CENTER; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Cheesecake Factory, Inc. is requesting a Special
Exception to permit an additional restaurant with a cocktail lounge-bar in a shopping
center where only one (1) such restaurant with a cocktail lounge-bar is allowed on that
certain property located at 19501 Biscayne Boulevard; and
WHEREAS, the Community Development Department recommends approval of
this request subject to conditions; and
WHEREAS, the City Council has held a public hearing as provided by law; and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-SE-98 for a Special Exception approval on
property legally described as:
Resolution No.
Page 2
Tract Q, Aventura 6th Addition as recorded in PEat Book 120,
Page 20 of the Public Records of Dade County
a.k.a.
Aventura Mall
19501 Biscayne Boulevard
is hereby granted to Cheesecake Factory, Inc. subject to the following terms and
conditions:
CONDITIONS
1. The operating hours for the cocktail lounge-bar shall not extend beyond those of the
restaurant.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember , and
upon being put to 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
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this day of
,199__.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council __~
Eric M. Soroka, Cityya,,~a~r
Jaye M. Epstein, AI~,P, I~or
February 10, 1998
of Community Development
Petition of The City of Aventura to authorize the erection, construction
and operation of a governmental facility as a designated permitted use in
a zoning district. (Founders Park) (01-REZ-98)
February 17, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the request be granted.
THE REQUEST
Petition of The City of Aventura to authorize the erection, construction and operation of
a governmental facility as a designated permitted use in a zoning district on those
certain parcels of land located at the northeast corner of West Country Club Drive and
NE 190 Street and a contiguous parcel of land located south of NE 190 Street,
otherwise known as Founders Park.
BACKGROUND
APPLICANT:
The City of Aventura
OWNER OF PROPERTY:
The City of Aventura owns the north parcel
and Glendale Federal Savings and Loan
Association (Hidden Bay) owns the remainder.
LOCATION OF PROPERTY:
Northeast corner of West Country Club Drive
and NE 190 Street and a contiguous parcel of
land located south of NE 190 Street. (See
Exhibit "B" for Location Map and Exhibit "C" for
an aerial photograph).
LEGAL DESCRIPTION:
See Exhibit "A"
SIZE OF SUBJECT PROPERTY:
12.65 acres
Zoning -
The north parcel, owned by The City of Aventura, is zoned BU-2, Special
Business District; and
The south parcel, owned by Glendale Federal Savings and Loan
Association (Hidden Bay), is zoned RU-4, High Density Apartment House
District
North: RU-4A, Hotel Apartment House District
South: IU-1, Industrial, Light Manufacturing District and IU-2, Industrial, Heavy
Manufacturing District and RU-4M, Modified Apartment House
East: RU-4A, Hotel Apartment House District and RU-4, High Density
Apartment House District
West: BU-2, Special Business District and RU-4M, Modified Apartment House
District
Existing Use - vacant
North: William Lehman Causeway and vacant land
South: across the canal are industrial uses
East: residential uses and vacant land
West: office and residential uses and vacant land
Future Land Use Designation - Business and Office, and
Medium-High Density Residential
The properties to the west are currently designated Business and Office, and Industrial
and Office according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade
County, Florida. The properties to the south are designated Industrial and Office and
the properties to the east and north are designated Medium-High Density Residential.
2
The Site - The subject 12.65 acre site is known as Founders Park. It is comprised of
two (2) contiguous parcels of land. The north parcel is commonly referred to as the
Winn Dixie parcel. The City purchased this parcel in January 1997. The south parcel
is owned by Hidden Bay. In order to satisfy Dade County's park dedication
requirements, the developer was required to dedicate this parcel as a perpetual park
easement. That dedication of easement is now in the process of being transferred to
the City. The site is located on the east side of West Country Club Drive, south of the
William Lehman Causeway. (See Exhibit "B" for a location map and Exhibit "C" for an
aerial photograph).
The Project - Founders Park will be developed as a public park for the use and
enjoyment of the citizens of the City. It will have passive uses on the south end and
active uses including tennis courts, a ball field and a playground to the north.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the Dade County Comprehensive Development Master Plan.
Review by Other A.qencies:
DERM - DERM has reviewed the subject application and offers no objection to its
approval.
Citizen Comments - The Community Development Department has not received any
written citizen comments.
City Attorney - The City Attorney has requested that previous restrictions imposed on
the property (see attached Exhibit 'D') be released and discharged by a Notice of
Release, Such Notice of Release shall be filed in the Official Records of Miami-Dade
County.
Community Development Department Analysis -
Section 33-303 of the Miami-Dade County Code authorizes the Board of County
Commissioners to "establish any governmental facility, including public parks,
playgrounds and buildings, and structures supplementary and incidental to such uses,
without regard to the zoning or use classification of any particular site or location". This
authorization is allowed by resolution following public hearing.
The following items shall be considered as the "test" for such authorization:
1. The type of function involved;
The development of the property as a public park will provide passive and active
recreational amenities to the residents of the City.
2. The public need therefor;
The park will serve to increase necessary recreational public facilities and would
greatly serve a public benefit.
3. The existing land use pattern in the area;
The request is not inconsistent with the Dade County Comprehensive Development
Master Plan. Furthermore, the proposed development is compatible with the
existing surrounding land uses.
4, Alternative locations for the facility;
Even though multi-family developments in the vicinity have private recreational
facilities, there is a great need for public open space with active and passive use
areas. The park is conveniently located to all residents of the City, whether by
walking, bicycling or driving. Furthermore, the purchase of the 'Winn Dixie' parcel, in
combination with the tract of land dedicated for public park purposes, makes this site
ideal for a public park.
5. The nature of the impact of the facility on the surrounding property.
The park can be used and enjoyed by residents of surrounding properties and is a
much less intensive use and provides less impact than a commercial development.
Furthermore, the development of the public park will not have an unfavorable impact
on the environmental and natural resources of Metropolitan Dade County, nor will
the development impact the environment so as to cause any irreversible or
irretrievable commitment of natural resources.
RECOMMENDATION
It is recommended that the request be granted to authorize the erection, construction
and operation of a governmental facility as a designated permitted use in a zoning
district.
/sta~ reports/01-REZ-98 Rezoning Park Property
4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE
ERECTION, CONSTRUCTION AND OPERATION OF A
GOVENMENTAL FACILITY AS A DESIGNATED
PERMITTED USE IN A ZONING DISTRICT ON THOSE
CERTAIN PARCELS OF LAND AS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO LOCATED AT THE
NORTHEAST CORNER OF WEST COUNTRY CLUB
DRIVE AND NE 190 STREET AND A CONTIGUOUS
PARCEL OF LAND LOCATED SOUTH OF NE 190
STREET IN THE CITY OF AVENTURA, OTHERWISE
KNOWN AS FOUNDER'S PARK; PROVIDING FOR
RELEASE OF RESTRICTIONS; PROVIDING FOR
SEVERABILITY 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") on the date of the adoption of the City Charter; and
WHEREAS, the City of Aventura is desirous of providing a 12.65 acre public park for
the use and enjoyment of the residents of the City; and
WHEREAS, the property is presently designated as BU-2, Special Business
District and RU-4, High Density Apartment House District on the Official Zoning Map;
and
WHEREAS, the City of Aventura has initiated, through Application No. 01-REZ-98,
to authorize the erection, construction and operation of a governmental facility as a
designated permitted use in a zoning district on those certain parcels of land as
described in Exhibit "A" attached hereto located at the northeast corner of West
Resolution No.
Page 2
Country Club Drive and NE 190 Street and a contiguous parcel of land located south of
NE 190 Street in the City of Aventura, otherwise known as Founder's Park, and as
more clearly shown on the Location Sketch attached hereto as Exhibit "B"; and
WHEREAS, the City Council has held the required public hearings, duly noticed
in accordance with law; and
WHEREAS, the City Council has been designated as the local planning agency
for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Council has reviewed the action set forth in this Resolution
and has determined that such action is consistent with the Comprehensive Plan and
intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. That Application No. 01-REZ-98 is hereby granted and the City of
Aventura is hereby authorized to erect, construct and operate a governmental facility as
a designated permitted use in a zoning district, on those certain parcels of land as
described in Exhibit "A" attached hereto located at the northeast corner of West
Country Club Drive and NE 190 Street and a contiguous parcel of land located south of
2
Resolution No.
Page 3
NE 190 Street in the City of Aventura, otherwise known as Founder's Park, and as
more clearly shown on the Location Sketch attached hereto as Exhibit "B".
Section2. Release of Restrictions. That restrictions upon the use and
development of the Property previously imposed pursuant to the regulatory
requirements of Miami-Dade County as the prior zoning authority, shall be released
and discharged upon the filing in the Official Records of Miami-Dade County of a
Notice of Release by the City Manager, in accordance with this Resolution.
Section :~. This Resolution shall be recorded in the Public Records of Dade
County, Florida.
Section 4. Severability. The provisions of this Resolution are declared to be
severable and if any section, sentence, clause or phrase of this Resolution 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 Resolution
but they shall remain in effect, it being the legislative intent that this Resolution shall
stand notwithstanding the invalidity of any part.
Section 5. Effective Date. This Resolution shall be effective immediately
upon its adoption.
3
Resolution No.
Page 4
The foregoing Resolution was offered by Councilmember
, who
moved its adoption. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember 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 17th day of February, 1998.
ATTEST:
ARTHURI. 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
998.
CITY CLERK
4
LEGAL DESCRIPTION:
TRACTS ,,Q, OF "MARINA DEL REY REVISED", AS RECORDED IN PLAT BOOK 144 AT
PAGE 89 OF THE DADE COUNTY PUBLIC RECORDS, DADE COUNTY, FLORIDA.
and
A PORTION OF TRACT dj OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY
CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99,
PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOW$~
BEGINNING AT THE SOUTHWEST CORNER OF 5AID TRACT JJ~ THENCE NORTH
03°00'33~ WEST ALONG THE WEST LINE OF SAID TRACT dj FOR 293.46 FEET~
THENCE NORTH 81°4G'45" EAST FOR 135.49 FEET~ THENCE NORTH 73D25'35"
EAST FOR 610,11 FEET TO THE EAST LINE OF SAID TRACT JJ~ THENCE SOUTH
09°08'24" WEST ALONG THE EAST LINE OF SAID TRACT JJ FOR 465.95 FEET
TO THE SOUTHEAST CORNER OF SAID TRACT JJ~ THENCE SOUTH 87° 35' 46"
WEST ALONG THE SOUTH LINE OF SAID TRACT JJ FOR 630.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION OF TRACT JJ OF FIFTH ADDITION BISCAYNE YACHT AND
COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS~
COIV~ENCE AT THE N.W. CORNER OF SAID TRACT JJ~ THENCE SOUTH 03°00'33"
EAST ALONG THE WEST LINE OF SAID TRACT JJ FOR 7.51 FEET TO A POINT
ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 852~ THENCE NORTH
81~4G'45~ EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD
852 FOR 80.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREINAFTER DESCRIBED: THENCE CONTINUE NORTH 81e 46' 45" EAST ALONG
SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 852 FOR 36.00 FEET~
THENCE SOUTH 08°13'15, EAST FOR 64.00 FEET~ THENCE SOUTH 81°46'45''
WEST FOR 36.00 FEET~ THENCE NORTH 08° 13' 15" WEST FOR 64.00 FEET TO
THE POINT OF BEGINNING,
EXHIBIT "A"
0
AVENTURA MALL
Street
{NOT TO SCALE)
William Lehman Causeway
Subject
Property
Dumfoundling
Bay
EXHIBIT "B"
EXHIBIT 'C!
/xx'. 0 ~
EXHIBIT 'D'
The plan was revised as a result of conferences held by various
departments of the County and now depicts the spirit and intent of the OWNER
for the development of said property with the understanding that the size and
locations of the building to be erected may not be exactly as is shown on the
master plan and that minor modifications in said plan may be made with the
approval of the County Departments having jurisdiction thereof. However, in the
event major changes or modifications in the plan are desired, the same shall be
submitted for approval at a public hearing in the manner provided by the
applicable ordinances of Dade County, Florida.
2. Where construction has occurred on said property, pursuant to a permit
issued by the County and inspections made and approval of occupancy given by
the County, the same shall create a conclusive presumption that the building thus
constructed comply with the intent and spirit of the master plan, and this
Agreement shall not be construed as clouding the title to any of said property on
which such development has occurred.
3. The OWNER hereby agrees to provide for permanent and safe access for
pedestrian and vehicular traffic within the development and particularly of right-
of-access for fire, police, health and sanitation and other public service personnel
and vehicles. The private streets or pdvate accessways shall be installed and
maintained by the OWNER and shall include, but be not limited to, sidewalks,
drainage facilities, water, sewers and fire hydrants, and will meet with the
approval of the Directors of the Public Works and Building and Zoning
DepaRmen~.
4. That this Agreement on the part of the OWNER shall constitute a
covenant running with the land and will be recorded in the public records of Dade
County, Florida, and shall remain in full force and effect and be binding upon the
heirs, successors, and
.J
.3 o
-4 -
~::n~;~','{ o' r~ ~ct 2~, h~'.gd* to t ~nt~ ~h, ~ ,:. 2° ~3' 47' ~r. ~lcn:: ~,.~,~ ~
~h. run $. 3u O? 30" E. ~on~ ~std bour~'~ Of Trac~ 2~, I~D.CO' %o ~ po~a.; :
for i~ ol~m~s a ra~ ~f 2~~ ~ a ~ral~l~ o~ ~9° 41~ 3~~, [[.~ a.~J~co
o~ ~9.]1,~ tn a potn~ of ~cency~ ~. ~t N. 2° 42' ~," II. alon8 ~af.d ~.~:?~y cT
-l-
CONSENT TO ZO~G ~SOLUTION
NOW, ~E~FO~, ~the undersi~ed~' The Chase ~nha~tan
Sank (National Association) a ~a~onal Zanking ~socia~lon,
F~A, ~NC., da~ed ~rch 12, 19~ and recorded ~ch 13,
1~9 a8 Cl~'k'8 N~ber 69R~67~3 In ~he.~ubl~ ~ecord8 of
Dade_Coun~, .Floz~da, in ~he-o~g~nal'~ounC;o~en~7'F°ur''
Mllllon ($~4,00~,000.~0) ~llars coverlng all of the prope~y .,'
ledge tha~ ~he ~e~s of ~ald R~solut~n are and shall be bind-
~ W~NESS ~OF, tb~e,p~e~c~ ~ve been ac~- ~ Z
led~ed this 14th da~ of ~rch, ~9. .~ .. ~.~.~. ~ , ~
. / ~ ~,. '.~'~
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~ay o~ d/'~ 19~, ?foI't ~.~ por:onally
and cxlsZZn~ unde.' thc law~ OF tho ~t..;.
and they, bcln~ by c'~ infcr:,l~d of ~he-ib~e~'s,
dellvcr,d ,,Id lnn,,..~cn~ on-thc d~y-and.yoar thlroln~[~! '
cxpre~cd, e~ ~}{cir free ~,1 volun~arZ:~aO~'and.ia~the.f~oe
th~t'tho corporate ac~l acftxed to~satd'~lAa~ent~e,~thc '
-- Given undoP ~ hand and ottlc'lal
. : ..... ~'.:;'- ~;'~ ¢~., ~,~ ~ ..~,~';};~" .~ fia~ ~[~, .. ,
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3hoes 1~. th,o~ S. ~o 10~ 17" II. elonc ~d ~lP~o~d ~n~ 2o~ ~o ·
ccl~tr~l ~:~ of 82° o~ )2% for ~ di=~co of768,0)~, to ~ pcin~ c; t~n~c~cyi
th. z'ua t:.'~° 1~~ ~7" ~f. ~lon~ ~ld Bullfl:o~d 1~ M~hl*2]~ to a po~; t,:.
· --.-~.-- ,,~, 6806 ~,~55S ~/~'~'~
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trict bo~'n4ar~ cha~gcs woulc] b~ co~tib~o"wit~
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I
Jlcard 1-13-69
69-1-4
:::.. ',.' .:
'1.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council t~a ~.~r
Eric M. Soroka, Ci
Jaye M. Epstein, AICP, ,~e~or
February 10, 1998
of Community Development
Submittal of Chabad House of North Dade Landscape Plan for review and
approval of City Council. (96-281)
February 17, 1998 City Council Meeting Agenda Item ~ -~-_~
RECOMMENDATION
It is recommended that City Council approve the Landscape Plan.
THE REQUEST
In November 1996, the applicant, Chabad House of North Dade, Inc., appeared before
City Council for zoning approvals relative to the property located at 21001 Biscayne
Boulevard. (Resolution No. Z-96-10-ACC-2 is attached as Exhibit #1). One of the
conditions of those approvals was as follows:
"8. That the Applicant shall submit to the City's Landscape Architect and City
Council for their review and approval a landscaping plan which indicates the type
and size of plant material to be utilized by the Applicant for the Property, prior to
the issuance of any Certificate of Occupancy. This plan shall include a 25' buffer
area."
The attached landscape plan has been approved by the City's Landscape Architect and
the applicant is now requesting approval by the City Council.
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
Congregation Ahavas Yisroel Lubavitch
Chabad House of North Dade, Inc.
21001 Biscayne Boulevard
Approximately 1.14 acres
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, Block I of
"Hallandale Park No. 11" according to the Plat
thereof as recorded in Plat Book 27, Page 39
of the Public Records of Dade County, Florida
together with a 25 foot strip of land being a
portion of Tract A of "Donn Acres" according to
the plat thereof as recorded in Plat Book 76,
Page 30 of the Public Records of Dade
County, Florida being more particularly
bounded as follows: Bounded on the south by
the north line of Block 1 of said "Hallandale
Park No. 11" and its westerly extension;
bounded on the north by a line 25.00 feet north
of and parallel with the north line of said Block
1; bounded on the east by the northerly
extension of the east line of said Block 1; and
bounded on the westerly line of Lot 11 of said
Block 1.
ANALYSIS
Community Development Department Analysis -
The City's Landscape Architect has provided many reviews,
suggestions to arrive at the presently approved landscape plan.
department recommends approval of the plan as submitted.
comments and
Therefore, this
2
CITY OF AVENTURA
RESOLUTION NO. Z-96-10-ACC-2
WHEREAS, CHABAD HOUSE OF NORTH DADE, INC., hereinafter
referred to as "Applicant," has applied to the City of Aventura for
the following zoning approvals (the "Application") for that certain
property at 21001 Biscayne Boulevard in Aventura, Florida (the
"Property") as legally described on Exhibit "A" attached hereto:
Items for Which Zoninq ADproval Was Souqht:
Modifications of plans for religious facility; special
exception for expansion of religious facility; non-use
variance of building height; non-use variance of lot area and
frontage requirements; non-use variance of parking regulations
within 25' of right-of-way; non-use variance of parking
requirements as to number of spaces; non-use variance of
setback requirements; non-use variance of zoning regulations
requiring 35' right-of-way, collectively referred to as the
"Zoning Approvals"; all as described in Application No. 96-10-
ACC-2.
City
with
WHEREAS, the Application is subject to the jurisdiction of the
of Aventura City Council (the "City Council") in accordance
City Ordinance No. 96-08; and
WHEREAS, the public hearing by the City Council was held in
accordance with public notice as required by law; and
WHEREAS, the City Council has been advised by City Staff that
the subject Application has been reviewed for compliance with
concurrency requirements for levels of service and, at this stage
of the request, the same was found to comply with such
requirements; and
WHEREAS, the initial application has been modified by
withdrawing the request for a non-use variance of parking
regulations to permit parking areas within 25' of the official
right-of way of N.E. 30th Ave.
WHEREAS, upon due and proper consideration having been given
to the matter, it is the opinion of the City Council that the
requested Zoning Approvals which are granted below are justified
and do meet the requirements of the Dade County Zoning Code (the
"Code"), as applied pursuant to City Charter Section 8.03 and City
Ordinance No. 96-08 (the "Ordinance") and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTUP~A, as follows:
Section 1. That the above stated recitals and findings are
incorporated by reference and the Application be and the same is
EXHIBIT #1
hereby approved, subject to the applicable conditions set forth
below, as follows:
(1)
MODIFICATION of Condition #2 of Resolution 5-ZAB-470-95,
passed and adopted by the Zoning Appeals Board on the 6th day
of December, 1995, reading as follows:
FROM: "2
That in the approval of the plan the same be
substantially in accordance with that submitted for
the hearinG entitled 'Chabad House of North Dade,'
as prepared by ArkidesiGn, Inc., consistinG of 3
sheets, Sheet #1 dated 11-7-94, Sheets #2 & 3,
dated 11-8-94, 'Land Survey', as prepared by BoGGs,
Hutchison & Assoc., Inc.dated 11-1-94.
TO: "2
That in the approval of the plan, the same be
substantially in accordance with that submitted for
the hearinG entitled 'Land Survey', as prepared by
Boqgs-Hutchison & Assoc., Inc., dated revised 12-6-
95, 'Chabad House of North Dade,' as prepared by
Arkidesign, Inc. consisting of four sheets dated
11-7-94 'Site Planning', as prepared by Witkin
Design Group, consisting of two sheets and dated 4-
10-96 (the Plans)."
The purpose of
a plan showing
facility.
the modification is to allow the Applicant to submit
the expansion of the previously approved religious
(2
SPECIAL EXCEPTION to permit the expansion of the previously
approved religious facility onto adjacent property.
(3
NON-USE VARIANCE OF BUILDING HEIGHT REQUIREMENTS to permit the
proposed religious facility with a buildinG height of 36' (35'
maximum permitted).
(4
NON-USE VARIANCE OF LOT AREAAND LOT FRONTAGE REQUIREMENTS to
permit the proposed religious facility on a parcel of land
with an area of 1.14 acres (2.5 acres minimum required) (.52
acre previously approved) and a lot frontage of 80.85' (15.0'
minimum required).
(5) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit a total of
66 parking spaces (82 required). -
(6)
NON-USE VARIANCE OF SETBACK REQUIREMENTS to permit the
proposed religious facility to setback 1' (50' required) from
the interior side (north) property line and setback varying
from 5' to 5'2" (25' required) from the side street (south)
property line (N.E. 210 Street).
(7)
NON-USE VARIANCE OF ZONING REGULATIONS requiring a half
section line right-of-way to be 70'in width, to waive same to
permit 30' (35' required) along the west side of N.E. 30
Avenue of the subject property.
Section 2. Conditions: That the conditions hereby
established upon the respective Zoning Approvals granted above are
as follows:
That the Applicant obtain a Certificate of Use and
Occupancy (the "Certificate") from, and promptly renew
the same annually with the City Department of Community
Development (the "Department") upon compliance with all
terms and conditions. The Certificate shall be subject
to cancellation by the Director of the Department upon
violation of any of the conditions.
2 o
That the Applicant provide and execute a covenant, in a
form approved by the City Attorney: (a) limiting the
duration of the Zoning Approvals granted by this
resolution to the specific use authorized herein; (b)
providing that in the event that the Director of the
Department, upon an annual review, determines that lack
of required parking (as to the number of spaces) becomes
detrimental to the surrounding area, the Property shall
be required to comply with minimum parking (number of
space) standards which would be applicable in the absence
of the non-use variance granted.
That in the approval of the plan, the same be
substantially in accordance with that submitted for the
hearing entitled "Land Survey," as prepared by Boggs-
Hutchison & Assoc., Inc., dated revised 12-6-95, "Chabad
House of North Dade," as prepared by Arkidesign, Inc.,
consisting of four sheets, dated 11-7-94, "Site
Planting," as prepared by Witkin Design Group, consisting
of two sheets and dated 4-10-96, except as herein
modified to provide turnaround areas for the northerly
parking spaces.
That Applicant obtain a Cross-Parking Easement Agreement
from the Memorial Gardens and Funeral Chapel located
immediately to the south, in a form approved by the City
Attorney.
5 o
That the Applicant submit to the City's Department an
Improvement Agreement for the future construction of N.E.
210 Street, in a form approved by the City Attorney.
That all trailers situated upon the Property at any time
during the period of time commencing sixty (60) days
after issuance of a building permit and terminating 14
days after issuance of a Certificate of Occupancy, be
moved and maintained further to the east to a location
approved by the Director.
That other than as specifically authorized by condition
(6) above, no trailers, tents or similar structures and
no temporary use of any type shall be permitted on the
Property at any time.
o
That Applicant shall submit to the City's Landscape
Architect and City Council for their review and approval
a landscaping plan which indicates the type and size of
plant material to be utilized by the Applicant for the
Property, prior to the issuance of any Certificate of
occupancy. This plan shall include a 25' buffer area.
The Zoning Approvals granted are subject to the further
condition that development authorized by this Resolution
conform to the Plans and be established and maintained in
accordance with the Plans.
Section 3. That notice is hereby given to the Applicant
that the approvals granted herein constitute an initial development
order and do not constitute a final development order and that one,
or more, concurrency determinations may subsequently be required
before development will be permitted.
Section 4. That the City Manager or his designee is hereby
authorized to make the necessary notations upon the maps and
records of the City of Aventura and to cause the issuance of all
necessary permits in accordance with the terms and conditions of
this Resolution.
PASSED AND ADOPTED this 19th day ~f Nove~d~er-,I~199~.
ARTHUR ~ I i ~S~fDE OR
ATT~T: , ~
CITY CLERK
APPROVED AS TO LEGAL SUF_WICIENCY:
CITY ATTORNEY
4
Filed in t~e Office of the City Clerk, City of Aventura,
~ day of ~/~X~ - 1997.
Teresa M. Smith
(SEAL) City Clerk
this
5
SUBJECT PROPERTY: Lots 1, 2, 3, 4, $, 6, 7, 8, 9, 10 & 11, Block I of HALLANDALE PARK NO.
I 1, Plat book 27, Page 39 together w/th a 25' str/p of land bang a port/on of Tract ~A' o£ DONN ACRES,
Plat book 76, Page 30, .bring more particularly bounded as follows:
Bounded un the south by thc north lia¢ of Block I of said HALLANDALE PARK NO. 11 and/ts W/~v
oxt~asion; bot,,tted on the north by a line 25' north of and parallel with the north line of sa/d Block I';
bounded on the east by lh~ N/ly exteasion of the east line of Lot 1 of said Block 1; and bounded on the wes-t
by the Nay extension ora li,~ 25' west of and parallel with the Way line of Lot I i ofsa/d Block I.
LOCATION: 21001 B~scayne Boulevard, Dad¢ County, Florida.
SIZE OF PROPERTY: 1.14 Acres
MINUTES
CITY COUNCIL TOWN HALL MEETING
WEDNESDAY, JANUARY 28, 1998 7:00 P.M.
Point East Condominium
Aventura, Florida
The meeting was called to order at 7:00 p.m. by Point East Condominium Association
president Marian Smith. She introduced Mayor Adhur I. Snyder, who then recognized
Councilmembers Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia
Rogers-Libert, Vice Mayor Jay R. Beskin, City Manager Eric M. Soroka, City Clerk
Teresa M. Smith, Department Directors Harry M. Kilgore, Jaye M. Epstein, Thomas E.
Ribel and Robert M. Sherman.
The following individuals addressed Council:
Name
Alexander Winkler
Esther Felsadem
Elaine Silverstein
David Rappaport
Sid Zuckerman
Irv Kanowitz
Marian Smith
Lionel Socolov
Address
Southview
Point East Bldg. S
Point East Bldg. R
Point East
3675 N. Country Club Drive
2861 Leonard Drive
Point East
3530 Mystic Point Drive
Harry Crook
Commodore Plaza
Subiect
Ballfields at Founders Park
Courtesy Bus/Traffic
Building permit fees
Building permit fees/traffic
Traffic
Traffic signalization
Traffic
Traffic, park land, building
permits
Transit Route/Post Office
James O'Connor
Tony Frlan
Charlotte Everett
Irving Gronman
Len Feldman
Robert Phillips
Manual Magnanimo
Point East
Del Prado
20100 W. Country Club Drive
Del Vista One
Del Prado
Point East
Point East
Zip Code
FDOT construction/traffic
Traffic
Drainage/landscaping
Traffic
Traffic
Traffic
Corey Phillips, FDOT representative, briefly addressed the audience.
There being no further business to come before Council at this time, after motion made,
seconded and unanimously passed, the meeting adjourned at 8:20 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 ensurethat a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
MINUTES
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 3, 1998 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, and Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Stephen Jay
Helfman. Vice Mayor Jay R. Beskin was absent. As a quorum was determined to
be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Ms. Smith 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.
A. COSCAN WATERWAYS, INC. - Request for Deferral
A motion to defer this item indefinitely was offered by Councilmember Rogers-
Libert, seconded by Councilmember Holzberg and unanimously passed.
B. AVENTURA'S FINEST HAND CAR WASH - Request for Extension
A motion to defer this item until the February 17, 1998 Council meeting was
offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow
and unanimously passed.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the January 20,
1998 Council Meeting was offered by Councilmember Cohen, seconded by
Councilmember Rogers-Libert and passed unanimously.
,5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA:
A. Mr. Helfman read the title to the following resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR DUAL DESIGNATION OF
NORTHEAST 37TM AVENUE AS NORTHEAST 37TM AVENUE AND
YACHT CLUB DRIVE WITHIN THE CITY OF AVENTURA;
REQUESTING MIAMI-DADE COUNTY TO APPROVE AND IMPLEMENT
SUCH DUAL DESIGNATION; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert, seconded by
Councilmember Berger, unanimously passed and Resolution No. 98-15 was
adopted.
8. PUBLIC HEARINGS: - ORDINANCES - FIRST READING
A. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE OF ORDINANCES BY ADDING A NEW CHAPTER
ENTITLED "SATELLITE DISHES", PROVIDING FOR THE
REGULATION OF THE INSTALLATION, MAINTENANCE, AND USE OF
SATELLITE DISHES DESIGNED FOR OVER-THE-AIR RECEPTION OF
TELEVISION BROADCAST SIGNALS, MULTICHANNEL, MULTIPOINT
DISTRIBUTION SERVICE, DIRECT BROADCAST SATELLITES,
MULTIPOINT DISTRIBUTION SERVICE, INSTRUCTIONAL
TELEVISION FIXED SERVICE, AND LOCAL MULTIPOINT
DISTRIBUTION SERVICE; DELEGATING REVIEW AUTHORITY AND
APPROVAL OF THE INSTALLATION OF SUCH DISHES TO THE CITY
MANAGER; PROVIDING FOR REPEAL; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
A motion for approval was offered by Councilmember Cohen and seconded by
Councilmember Rogers-Libert. Mayor Snyder opened the public hearing. The
following individuals addressed Council: George Berlin, 1940 NE 194th Drive; and
Jane Fagan, Esq., Leibowitz & Associates, One Southeast Third Avenue. There
being no further speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote.
2
B. Mr. Helfman read the following ordinance by title:
AN ORDINANCE THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE OF ORDINANCES BY ADDING A NEW CHAPTER,
ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND
ANTENNAS"; PROVIDING PURPOSE; PROVIDING DEFINITIONS;
PROVIDING APPLICABILITY; PROVIDING GENERAL
REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING
PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED
USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION
USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL OF
ABANDONED ANTENNAS AND TOWERS; PROVIDING
NONCONFORMING USES; PROVIDING PROTECTION FOR
RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
A motion for approval was offered by Councilmember Cohen and seconded by
Councilmember Rogers-Libert. Mayor Snyder opened the public hearing. Ms.
Fagan addressed Council. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A RESIDENCY POLICY FOR
UTILIZATION OF AVENTURA FOUNDERS PARKS TO PROVIDE
PRIORITY TO CITY RESIDENTS; ESTABLISHING A FEE SCHEDULE
FOR NON RESIDENTS; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Cohen and seconded by
Councilmember Holzberg. Mayor Snyder opened the public hearing. The following
individuals addressed Council: Albert De Armas, 18801
Collins Avenue; Robert Jordan, Commodore Plaza; Mr. Berlin; Debbie Lazar, 3625
N. Country Club Drive; and Lionel Socolov, 3530 Mystic Point Drive. There being no
further speakers, the public hearing was closed. The motion for approval passed 5-
1 by roll call vote with Councilmember Rogers-Libert voting no and Ordinance No.
98-02 was enacted.
B. Mr. Helfman read the following ordinance by title:
3
10.
11.
12.
13.
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 ELECTION;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
A motion for approval was offered by Councilmember Cohen and seconded by
Councilmember Berger. Mayor Snyder opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval was
unanimously passed by roll call vote and Ordinance No. 98-03 was enacted.
OTHER BUSINESS:
NAMING OF NEW HIGH SCHOOL (Councilmember Cohen). A motion was
offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert
and unanimously passed to recommend to the School Board that the new high
school be named in honor of Dr. Michael Krop.
REPORTS: As submitted.
PUBLIC COMMENTS: Mr. Socolov; Mr. Jordan; and Rubin Steiner, W. Country
Club Drive.
ADJOURNMENT. There being no further business to come before Council at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:10 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, m ay 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.
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~-,. ~,
Eric M. Soroka, Cit
February 9, 1998 ~
Police Boat Dock License Agreement With Williams Island
Associates, Ltd.
February 17, 1998 City Council Meeting Agenda Item 7-A
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached Dock
License Agreement to dock the police boat and Jet Ski at the Williams Island Marina.
BACKGROUND
In the spirit of cooperation, Williams Island has offered the use of its marina to dock the
Police Depadment's boat and Jet Ski at no cost to the City. The attached Agreement
effectuates the previous understandings of the two parties. The Agreement
automatically renews for one-year periods unless terminated by either party.
We appreciate the efforts of the representatives of Williams Island in obtaining the
docking privileges.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO487-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED POLICE BOAT
DOCK LICENSE AGREEMENT BETWEEN WILLIAMS
ISLAND ASSOCIATES, LTD. 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.
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
Police Boat Dock License Agreement between Williams Island Associates, Ltd., and
the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember ,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger __
Councilmember Ken Cohen __
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Resolution No. 98-~
Page 2
Councilmember Patricia Rogers-Libed
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of February, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
The Florida Riviera
MEMORANDUM
VIA HAND DELIVERY
TO:
FROM:
DATE:
RE:
FRANK WARNHOFF
MARINA DIRECTOR
ROBERT
I. FINVARB, ESQ. ~L--
VICE PRESIDENT & GENERAL COUNSEL
FEBRUARY 2, 1998
CITY OF AVENTURA POLICE DEPARTMENT DOCK LICENSE
AGREEMENT
Attached is the above-referenced Agreement, which has been revised to reflect the
City Attorney's comments. Please have this document executed and witnessed, and have the
City provide me with a Resolution authorizing the signatory to sign the Agreement.
Should you have any questions, please call me at 937-7823.
/Ipm
Attachment
7900 Island Boulevard, Williams Island, Florida 33160. Telephone: (305) 935-5555, FAX (305) 931-5080
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License" or "Agreement") is made and entered into as
of the __ day of January, 1998, by and between WILLIAMS ISLAND ASSOCIATES, LTD.,
a Florida limited partnership ("Licensor") and THE CITY OF AVENTURA, a municipal
corporation ("Licensee").
WITNESSETH:
In consideration of the premises, the covenants and conditions hereinafter set forth, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Licensor and Licensee hereby covenant and agree as follows:
1. GRANT OF LICENSE: Licensor hereby grants to Licensee a revocable license
to dock its police boat ("Boat") in Slip No. 81 at the Williams Island Marina ("Marina") and
utilize the northernmost end of the floating dock at the Marina to dock its jet skis (collectively,
the "Jet Ski"), which area is more clearly depicted on the Marina facilities plan attached hereto
and made a part hereof as Exhibit "A" (the "Premises").
2. PURPOSE OF LICENSE: Licensee shall be permitted to use the Premises
during the Term (as hereinafter defined) for the sole purpose of docking the Boat and the Jet Ski
at the Premises.
3. TERM: The License shall be for the limited period from the date hereof through
and until 12:00 p.m. midnight on January 15, 1999. The term of this License shall automatically
renew for successive one (1) year periods unless terminated by either party. Either party may
terminate this License at any time, with or without cause, by giving the other party at least five
(5) days' notice of its intent to terminate.
4. CONSIDERATION: In partial consideration of the License herein granted,
Licensee has paid to Licensor, simultaneously with the execution hereof, the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged. Licensee understands and agrees that, in addition to the
foregoing, all costs, and/or expenses directly attributable to Licensee's use of the Premises shall
be the sole obligation of Licensee. The provisions of this paragraph shall survive the termination
of this Agreement.
5. MAINTENANCE OF PREMISES: Licensee agrees to surrender to Licensor, at
the end of the Term or such earlier termination of this Agreement, the Premises in as good
condition as the Premises were at the beginning of the Term of this License, ordinary wear and
tear, and damage by fire or other casualty, excepted. The provisions of this paragraph shall
survive the termination of this Agreement.
6. GOVERNMENTAL AND OTHER REQUIREMENTS: Licensee shall
faithfully observe in the use of the Premises all municipal and county ordinances and codes and
all local, state and federal statutes, rules and regulations now in force or which may hereafter be
in force.
7. RESERVATION: Licensor hereby reserves all rights of ownership in and to the
property upon which the Premises are located which are not wholly inconsistent with the
License.
8. INDEMNIFICATION: In consideration of the License herein granted, Licensee
agrees that Licensee, subject to the limitations of Section 768.28, F.S., at all times, will
indemnify and hold harmless Licensor from any losses, damages, liabilities and expenses
(including reasonable legal fees and court costs at trial and all appellate levels) whatsoever,
which may arise or be claimed against Licensor and be in favor of any persons, firms or
corporations, for any injuries or damages to the persons or property of any persons, firms or
corporations, consequent upon or arising from the use or occupancy of the Premises by Licensee
or consequent upon or arising from any acts, omissions, neglect or fault of Licensee, Licensee's
agents, employees, or invitees, or consequent upon or arising from Licensee's failure to comply
with the terms and provisions of this License and/or any laws, statutes, ordinances, codes,
regulations, covenants or restrictions as herein provided; and that Licensor shall not be liable to
Licensee for any damages, losses or injuries to the persons or property of Licensee which may be
caused by the acts, neglect, omissions or faults of any persons, firms or corporations, except only
when such injury, loss or damage results from the gross negligence of Licensor, its agents or
employees. All personal property placed or moved into the Premises shall be at the risk of
Licensee or the owner thereof, and Licensor shall not be liable to Licensee for any damage to
said personal property. In case Licensor shall be made a party to any litigation commenced
against Licensee, arising under this License, then Licensee shall protect and hold Licensor
harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by
Licensor in connection with such litigation and any appeal thereo£ The provisions of this
paragraph shall survive the termination of this Agreement.
9. SUCCESSORS AND ASSIGNS: All terms and provisions of this License to be
observed and performed by Licensee shall be applicable to and binding upon Licensee's
respective heirs, personal representatives, successors and permitted assigns. All expressed
covenants of this License shall be deemed to be covenants running with the land.
10. ATTORNEYS' FEES: If either party defaults in the performance of any of the
terms or provisions of this License and by reason thereof the other party employs the services of
an attorney to enforce performance of the covenants, or to perform any service based upon
defaults, then in any of said events the prevailing party shall be entitled to receive from the other
party reasonable attorneys' fees and all expenses and costs incurred by the prevailing party
pertaining thereto (including costs and fees relating to any appeal) and in enforcement of any
remedy.
2
11. ENTIRE AGREEMENT: This License contains the entire agreement between
the parties hereto and all previous negotiations leading thereto, and it may be modified only by
an agreement in writing signed and sealed by Licensor and Licensee. Licensee acknowledges
and agrees that Licensee has not relied upon any statement, representation, prior written or prior
or contemporaneous oral promises, agreements or warranties except such as are expressed
herein.
IN WITNESS WHEREOF, the parties hereto have signed, sealed and delivered this
License in several counterparts each of which shall be deemed an original, but all constituting a
single agreement, at Miami-Dade County, Florida, as of the day and year first above written.
Witnesses:
LICENSOR:
WILLIAMS ISLAND ASSOCIATES,
LTD., a Florida limited partnership
By: WI HOLDINGS, INC., a Delaware
corporation, a general partner
Name:
Name:
By:
ALAN MATUS
Executive Vice President
(Corporate Seal)
Attest:
LICENSEE:
CITY OF AVENTURA,
a municipal corporation
City Clerk
By:
ERIC M. SOROKA
City Manager
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City/~la~n~g~,
February10,1998 ~" It1
Resolution Urging the ~ounty School Board to Name the
New High School the "Dr. Michael Krop High School"
February 17, 1998 City Council Meeting Agenda Item
Attached hereto is the subject Resolution requested by Councilmember Ken Cohen and
approved by the City Council for preparation at the last Council Meeting.
EMS/aca
Attachment
CC0490-98
RESOLUTION NO..__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, URGING THE MIAMI-DADE
COUNTY SCHOOL BOARD TO NAME THE NEW HIGH
SCHOOL IN NORTHEAST MIAMI-DADE COUNTY THE "DR.
MICHAEL KROP HIGH SCHOOL"; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, as an 18-year employee of the Miami-Dade County School Board, Dr.
Michael Krop has devoted his professional career striving to implement the highest
standards possible for our children's educational needs; and
WHEREAS, this Council desires to honor Dr. Krop for his inspiration, vision,
achievements and contributions to our educational system.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
Section 1. As a tribute to Dr. Michael Krop, this Council urges the Miami-Dade
County School Board to name the new high school in northeast Miami-Dade the "Dr.
Michael Krop High School."
Section 2. This Resolution shell become effective immediately upon its adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Resolution No. 98-~
Page 2
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of February, 1998.
ATTEST
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council /,"- /
~ruM~r~,99City/~-¥~'/ ~
Ordinance Amending 1997/98 Budget
Ist Reading February 17, 1998 City Council Meeting Agenda Item
2nd Reading March 3, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance, which amends
the 1997/98 Budget to provide additional funding for the Aventura Founders Park
project and reclassifies two positions.
BACKGROUND
As outlined in the Agenda Item dealing with the bid award for the Aventura Founders
Park Project a budget amendment is necessary to fund the amounts in excess of the
$1,700,000 original budget.
The following represents the revised budget requirements for the Aventura Founders
Park Project:
Bid Price $1,914,000
Playground $ 53,000
Park Design $ 140,000
Contingency $ 75,000
Total $2,182,000
A $482,000 budget amendment is required to fund the project. The $482,000 will be
generated by (a) recognizing $160,000 from the Safe Neighborhood Parks Grant and
inserting same in the Park Development Fund (b) transferring $300,000 from the
General Fund Capital Reserve; and (c) transferring $22,000 from savings for the
Lehman Causeway Safety Improvements Project.
In addition to the above, the budget amendment includes the reclassification of the
following positions:
In the Police Department an Administrative Assistant position is being
reclassified to a Data Entry Clerk to assist with the computer operations.
In the Community Development Department a Clerk Typist position is
being upgraded to Customer Service Representative I to reflect the actual
duties of the position and to assist in the City's building permitting
operations.
If you have any questions, please feel free to contact me.
EMS~ca
Attachment
CC0493-98
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1997/98 FISCAL YEAR BY REVISING THE 1997/98
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1997/98 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Council hereby authorizes the amendment of Ordinance
No. 97-25, which Ordinance adopted a budget for the 1997/98 fiscal year, by revising
the 1997/98 budget as set forth on the attached Exhibit "A", which exhibit is deemed
incorporated by reference as though set forth in full herein.
Ordinance No. 98-__
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
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
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 17th day of February, 1998.
2
Ordinance No. 98-__
Page 3
PASSED AND ADOPTED on second reading this 3rd day of March, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
Budget Amendment
EXPENDITURES
6-60-6603
6-60-6610
6-60-6999
Community Services - 54t
Safety Improvements
Aventura Founders Park
SUBTOTAL
Non-Departmental - 590
Capital Reserve
SUBTOTAL
General Fund - 01
CAPITAL BUDGET
80-
372,000 (22,000) 350,000
683,000 322,000 t ,005,000
3,182,306 (300,000) 2,882,306
Position - Revisions
Number
Police Department
2066
2066
Description Action
Adm. Asst. delete
Data Entry Clerk add
Community Develooment DeDartrnent
4408
4408
Clerk Typist delete
Customer Ser Rep add
REVENUES
337710
EXPENDITURES
6-60-6610
Park Development Fund - 17
Intergovernmental Revenues 3-9
Safe Neighborhood Parks Grant 0 160,000 160,000
SUBTOTAL $ ~ ~ ~00i i $ii :: :~6~0:.
CAPITAL BUDGET
80-
Community Services - 539
Aventura Founders Park
SUBTOTAL
1,017,000 160,000 1,177,000
CITY OF AVENTURA
OFFICE OFTHEClTY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City/i~l~,r)
February 11, 1998 "' \
Agreement Between Miami-Dade County for Fire Rescue Facility
February 17, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the Resolution authorizing the execution
of the Agreement with Miami-Dade County to assign the Lease Agreement with Point
East for the fire rescue substation.
BACKGROUND
At the time the City Council authorized the execution of the Lease Agreement with Point
East for the substation building, the Council requested that a formal agreement with the
County be prepared to accept the assignment of the lease.
Attached is the Agreement, which states the terms and conditions under which the
County will accept the assignment of the Lease Agreement.
Due to the costs associated with the renovation of the leased premises, the Agreement
provides that if the City ceases to use Miami-Dade Fire and Rescue Department during
the five-year period, the City will be required to reimburse the County the out-of-pocket
costs to improve the premises. The costs cannot exceed $75,000 and will be amortized
over the five-year period.
In the very near future, the County will be assigning to the Fire Rescue Board the
authority to enter into leases. Therefore, the Resolution has been prepared to reflect
both the County and the Fire Board.
If the Fire Board were authorized to execute the Agreement, this would occur in two
weeks. In any event, the execution of the Lease Agreement will occur no later than
March 17 1998.
I have also enclosed the site plan and building layout for the Fire Rescue Substation as
prepared by the County.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0494-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BY AND BE'FWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY AND/OR MIAMI-DADE COUNTY
FIRE RESCUE BOARD FOR A FIRE RESCUE FACILITY;
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 by and between the City of Aventura and Miami-Dade County and/or Miami-
Dade County Fire Rescue Board to assign the Lease Agreement entered into by Point
East for certain leased premises located at 2601 Point East Drive, Aventura, Florida, to
be utilized as a Fire Rescue substation.
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 who
moved its adoption. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Resolution No.
Page 2
Councitmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of February, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF
AVENTURA FOR FIRE RESCUE FACILITY
THIS AGREEMENT made this .day of , 19 , by and between
MiAMI-DADE COUNTY, a political subdivision of the State of Florida, herein called the "COUNTY,"
and the CITY of AVENTURA, a municipal corporation of the State of Florida, herein called the "CITY."
WI TNESSE TH:
WHEREAS, the City of Aventura has chosen Miami-Dade Fire Rescue to be their emergency
service provider; and
WHEREAS, Miami-Dade County has determined the need for additional fire rescue service in the
southern portion of the City of Aventura; and
WHEREAS, both parties are desirous of the City of Aventura entering into a Lease Agreement
with the Point East (One, Two, Three and Four) Condominium Corporation, Inc. (collectively hereinafter
referred to as "Point East") to provide a fire rescue facility; and Miami-Dade County to accept an
assignment of said Lease Agreement, a copy of which is attached as Exhibit A;
NOW, THEREFORE, in consideration of the restrictions and covenants herein contained, it is
agreed as follows:
1. Purpose: The purpose of this Agreement is to state the terms and conditions under which the
COUNTY shall accept the assignment of the Lease Agreement entered into by the CITY with Point East
for certain leased premises located at 2601 Point East Drive, Aventura, Florida 33180.
Property # 2210-00-00
-1-
2. Assignment and Acceptance: Subject to the terms and conditions of this Agreement, CITY does
hereby assign, transfer and set over to COUNTY, without recourse and without representation or
warranty of any kind or nature whatsoever, expressed or implied, ail of the CITY's rights, title and
interest in and to the Lease Agreement. Subject to the terms and conditions of this Agreement COUNTY
hereby accepts the assignment of the Lease Agreement and assumes ail of the CITY's obligations
thereunder and agrees to perform and keep ail the terms, conditions, covenants, agreements, liabilities and
obligations to be performed thereunder from and after the date hereof
3. Indemnification and Hold Harmless: In connection with the Lease Agreement occurring subsequent to
the date hereof, COUNTY does hereby agree to indemnify and save CITY harmless, to the extent of
limitations included within Florida Statutes, Section 768.28, from any and ail claims, liability, losses and
causes of action, including attorney's fees and costs incidentai thereto (at both the trial and appellate
levels), which may arise solely as a result of COUNTY's negligence. However, nothing in this article
shall indemnify CITY for any liability or claim arising out of the negligent performance or failure of
performance required of CITY or as a result of the negligence of any third party. In connection with the
Lease Agreement occurring subsequent to the date hereof, CITY does hereby agree to indemnify and
save COUNTY harmless, to the extent of limitations included within Florida Statutes, Section 768.28,
from any and all claims, liability, losses and causes of action, including attorney's fees and costs incidentai
thereto (at both the triai and appellate levels), which may arise solely as a result of CITY's negligence.
However, nothing in this article shail indemnify COUNTY for any liability or claim arising out of the
negligent performance or failure of performance required by COUNTY or as a result of the negligence of
any third party.
-2-
4. Cancellation: Pursuant to the Lease Agreement the COUNTY retains the right to cancel the I~ease
Agreement and relocate the services provided from the leased premises based on operational needs. If
COUNTY exercises the right of cancellation, COUNTY shall, through its County Manager or his
designee, provide the CITY at least sixty (60) days written notice, prior to its effective date.
If the CITY ceases to use the Miami-Dade Fire & Rescue Department as their emergency service
provider during the initial term of the subject Lease Agreement, then the CITY shall reimburse the
COUNTY the unamortized actual out of pocket costs to improve the premises which is the subject of the
assigne~d Lease Agreement, but in no event shall the reimbursement exceed Seventy-Five Thousand
Dollars ($75,000.00). Such cost shall be amortized equally over the sixty (60) month period of the initial
term of the Lease Agreement.
5. Notices: It is understood and agreed between the parties hereto that all notices shall be written and
shall be sent by certified or registered mail, return receipt requested, first class, postage prepaid and
addressed as follows:
COUNTY:
Real Estate Management Section
Facilities Planning and Development Division
General Services Administration
111 N.W. First Street, Suite 2460
Miami, Florida 33128
CITY:
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
Attn: City Manager
6. Written Agreement: This Agreement contains the entire agreement between the parties hereto, and it
may be modified only by resolutions approved by the Board of County Commissioners and the City of
Aventura Commission, respectively.
-3-
IN WITNESS WHE~OF, COUNTY and CITY have caused this Agreement to be executed by
their respective and duly authorized officers the day and year first above written.
(OFFICIAL SEAL)
CITY OF AVENTURA
ATTEST:
By:.
Eric M. Soroka
By: City Manager (CITY)
City Clerk
Approved by City Attorney as to
form and legal sufficiency:
(OFFICIAL SEAL)
ATTEST:
HARVEY RUVIN, CLERK
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
By:. By:
DEPUTY CLERK
Armando Vidal, P.E.
County Manager
(COUNTY)
Approved by County Attorney as to
form and legal sufficiency:
-4-
71.75'
_11
Kitchen
Dorm
Dorm
Day Room
Dining area
Dorm
Dorm
41.75'
Excercise
Area
Storage
Bunker Gear Lockers
I
Watch office
Lobby
Office
PROPOSED FIRE RESCUE STATION
AVENTURA SOUTH
2601 Point East Drive
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
City Council ty,~r
Eric M. Soroka, Ci
Robert M. Sherman~-~of Community Service~
February 11, 1998
Bid No. 98-2-9-2 Aventura Founders Park Development
February 17, 1998 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council award Bid No. 98-2-9-2 Aventura Founders
Park Development to the Iow bidder, M. Vila and Associates for the price of
$1,913,680.25.
Background
The City Council established building Aventura Founders Park as one of the goals for
FY 97-98. Awarding this Bid puts that priority into action. In accordance with the City's
Purchasing Ordinance, bids for this project were solicited, advertised, and opened on
February 9, 1998. The contract specifications were reviewed by the Finance Support
Services Director and City Attorney before advertising for bids.
It is anticipated that the contractor will be starting this project within four weeks after the
bid award and will have the work completed by September 15, 1998. All five firms that
submitted bids included the required documentation and bid bond. The Iow bidder, M.
Vila and Associates was then subject to an extensive evaluation consisting of analyzing
the following items:
1. Base bid and alternate prices.
2. Past work history.
3. Corporate financial history.
4. Criminal background check
City Council
February 10, 1998
Page 2
1) The Base Bid consists of developing the park in accordance with the plans and
specifications prepared by Keith & Schnars, PA who was selected by the City
Council to design the park. Although the base bid of $1,888,380.35 is $188,000
(11%) over the original budget of $1,700,000, the justifications are as follows:
Original Park Development Budget
$1,700,000.00
Additions and Modifications Estimated
Costa
~dditional pavers across NE 190 St $45,000.0(;
~,dditional Drainage Improvements for Tennis Courts* $60,000.0(;
Building foundation modifications due to poor soil conditions** $50,000.0(;
Building modifications and additions*** $30,000.0£
Estimate for additional items $185,000.0(;
Total Park Development Estimate with additions $1,885,000.00!
Bid Price $1,888,380.25
Total Park Development Estimate with additions $1,885,000.00
Difference $3,380.25
* Tennis courts had to be raised 12" to accommodate drainage
and maintain safety and playability of surface.
** Unsuitable soil under building had to be removed and
Replaced with acceptable fill, and necessitated additional
Steel and concrete in building foundations.
*** Two additional porticos to provide protection from inclement
Weather, fire alarm, security system (tied in with Police Dept).
Electric room addition, improved ventilation in restrooms as
Required by Dade County building code.
a. Altamate No. I provides for dugout signage. This alternate was bid at
$1,300.00.
b. Alternate No. 2 consists of installing the necessary electrical connections, wire,
and conduit to provide enough power to install decorative Holiday lighting for the
interior landscaping at all park entrances on West Country Club Drive and NE
190 Street. This alternate was bid at $24,000.00.
City Council
February 10,1998
Page 3
2) M. Vila & Associates has previously worked for the City in 1997 performing the
NE Country Club Drive Drainage Improvements. The project was completed on
time, in budget, and in a professional workmanlike manner. He has recently
completed a park development project for the City of Pembroke Pines, and his
work has been described as responsible and professional by the Pembroke
Pines City Engineer.
3) M. Vila & Associates financial statement is on record with the City.
4) A background check performed by the Police Department was performed. It did
not reveal any criminal activity, outstanding warrants, or outstanding liens.
The contract documents provide for the completion of the project within 180 days. If
the contractor fails to complete within that period, the contractor is bound to pay the
City liquidated damages of $1,000 per day, and all additional engineering and
inspection services associated with such delays.
If you have any further questions, please feel free to contact me.
AEachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-2-9-2, AVENTURA FOUNDERS PARK
DEVELOPMENT, TO M. VlLA & ASSOCIATES, INC. AT THE BID PRICE
OF $t ,913,680.25 AS CONTAINED IN EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 98-2-9-2, AVENTURA FOUNDERS
PARK DEVELOPMENT; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that M. Vila & Associates, Inc. has submitted
the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Council, upon the recommendation of the City Manager, is
therefore desirous of awarding said bid/contract to said lowest responsible and
responsive bidders;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 98-2-9-2, AVENTURA FOUNDERS
Resolution No.
Page 2
PARK DEVELOPMENT, be and the same is hereby awarded to M. Vila & Associates,
Inc., at the bid price of $1,913,680.25 as contained in Exhibit "A" attached.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 01-80-539-6-60-6610 and the Park Development Fund
Line Item No. 17-539-6-60-66'10.
Section 5: This Resolution shall be effective immediately upon adoption.
The foregoing resolution was offered by
The motion was seconded by
vote was as follows:
Councilmember Arthur Berger
Counciimember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
, who moved its adoption.
and upon being put to a vote, the
Resolution No.
Page 3
PASSED AND ADOPTED this 17th day of February, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Bid # 98-2-9-2 Aventura Founders Park Development Bid Tabulation Exhibit "A"
Bidder Bid Rec'd Base Alternate I Alternate 2 Total Bid
Bond Addendum I & 2 Bid Signage Holiday Lighting Inc. Alternates
M. Vila Yes Yes $t,888,380.25 $1,300.00 $24,000.00 $1,913,680.25
~NM Yes Yes $1,951,659.00 $1,000.00 $19,000.00 $1,971,659.00
RL Saum Construction yes Yes $1,984,000.00 $1,000.00 $17,926.00 $2,002,926.00
Intercounty Engineering yes yes $2,092,048.00 $1,006.00 $32,628.00 $2,125,682.00
ANF Group Yes Yes $2,317,481.73 $224.42 $21,319.90 $2,339,026.05
THIS BID IS SUBMITTED TO:
City of Aventura
2999 NE 191 STREET, SUITE 500
Aventura, FLORIDA 33180
SECTION 00410
BID FORM
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with The City of Aventura in the form included in the Contract Documents to
perform and furnish all Work as specified or indicated in the Contract Documents for the
Contract Price and within the Contract Time indicated in this Bid and in accordance with the
other terms and conditions of the Contract Documents.
BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to BIDDER'S, including without limitation those dealing with the
disposition of Bid Security. This Bid will ~nain subject to acceptance for 90 days after the
day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and
other documents required by the Bidding Requirements within ten days after the date of
City's Notice of Award.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,'that:
(a)
BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged.)
Addendum No. / Dated: ,--/J~ ~ 7/~
Addendum No. 2 Dated: /c'd 3/qoc/
Addendum No. Dated:
Addendum No. Dated:
00410- 1
e)
(t)
(g)
BIDDER has familiarized themselves with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Law and Regulations
that in any manner may affect cost, progress, performance or furnishing of the Work.
BIDDER has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
BIDDER has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests and
studies (in addition to or to supplement those referred to in (c) above) which pertain
to the subsurface or physical conditions at the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, and no additional examinations, investigations, explorations, tests,
reports or similar information or data are or will be required by BIDDER for such
purposes.
BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar information or data in respect of said Underground Facilities
are or will be required by BIDDER in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents.
BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions
oft. he Contract Documents.
BIDDER has given Consultant written notice of all conflicts, errors, discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
00410-2
by Consultant is acceptable to BIDDER.
(h)
This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; BiDDER has not
directly or indirectly induced or solicited any other BIDDER to submit a false or
sham Bid; BIDDER has not solicited or induced any person, firm or corporation to
refrain from bidding; and BIDDER has not sought by collusion to obtain for itself
any advantage over any other BIDDER or over the City.
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install
all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid
Evaluation and when irfitiated by the City, the pricing of change orders. Contractor's price
will not be adjusted to reflect any deviation from the Schedule Of Values, except to the
extent that the City changes the scope of Project aRer the Contract Date.
As such the Contractor shall furnish all labor, materials, equipment, tools superintendence
and services necessary to provide a complete in place Project for the Bid Price of:
dollars and
(ritten otal Bi:ie- From
~ .~T~ i' 0r I Schedule Of Values)
cents LUMP SUM
M. VItA & ASSOCIATES, INC.
12097 N.W. 98th Avenue
Hialeah Gardens, FL 33016
00410-3
BIDDER agrees that the work will be complete in full within 180 calendar days fi.om the date
stipulated in the Notice to Proceed.
Communications concerning this Bid shall be addressed to:
Telephone
Facsimile Number
Attention:
The terms used in this Bid which are defined in the general Conditions of the Construction
Contract included as part of the Contract documents have the meanings assigned to them in
the General Conditions.
SUBMITTED THIS DAY
, 19
00410-4
SCHEDULE OF VALUES
FOR A LUMP SUM
CONTRACT
References Quantity
Section
1327 1
1395 1
1452 1
1500 1
1550 1
1660 I
GENERAL
REQUIREMENT
Description
Field Engineering
Trench Safety Program
Laboratory Testing
Temporary Facilities
Traffic Control
Facility Testing
SUBTOTAL
Unit Unit Price
LS $ 3,000.00 $
LS $ 2,000.00 $
LS $ 3,000.00 $
LS $ 1,S00.00 $
LS $ 500.00 $
LS $ 1,500.00 $
Extended Cost
3,000.00
2,000.00
3,000.00
1,500.00
500.00
1,500.00
11,500.00
00410-5
Section
Quantity
EARTHWORK
Description
Unit
Unit Price
2232 12.65 Mass Clearing Of Site AC $ 1,250.00
2236 12 Striping of Site AC $ 1,200.00
2310 6,750 Mass Grading of Site CY $ 4.00
2312 12.65 Landscaping Blading AC $ 2,500.00
2315 3,650 Excavatnig and Backfilling For CY $ 3.00
Structures
2232 10,000 Select Embakment- Imported CY $ 5.00
Fill
2334 1,800 Select Embmzkment Play CY $ 8.00
Grotmd Sand
2336 675 Select Embankment Infield CY $ 20.00
Clay
SUBTOTAL
Extended Cost
$ 15,812.50
$ 14,400.00
$ 27,000.00
$ 31,625.00
$ 10,950.00
$
$ 50,000.00
$
$ 14,400.00
$
$ 13,500.00
$ 17~687.50
00410-6
References Quantity
Section
2511 1
2512 2
2513 1
2514 80
2514 290
2516 3
2516 2
2516 80
WATER
Desc~p~on
Unit
Unit Price
Connect to Existing Main EA $ 1,500.00 $
Fire Hydrant Assembly EA $ 2,200.00 $
Gate Valve EA $ 1,000.00 $
4" PVC Water Main and Fittings LF $ 15.00 $
12" DIP Water Main and Fittings LF $ 28.00 $
2" Meter/Service (Irrigation) EA $ 2,100.00 $
1 1/2"Meter/Service (Domestic) EA $ 1,500.00 $
3/4" Water Service (To Fountain) LF $ 11.00 $
SUBTOTAL $
Extended Cost
1,500.00
4,400.00
1,000.00
1,200.00
8,120.00
6,300.00
3,000.00
880.00
26,400.OO
00410-7
References Qum~tity
Section
02532 4
02535 2
02536 I
02537 1
02625 339
02625 130
SANITARY SEWER
Description
Clean Out
4'-0 Standard Manhole
Drop Connection Into Existing
Manhole
Tap Existing Main
8" DIP Sanitary Sewer Main
6" DIP Sanitary Sewer Main
SUBTOTAL
Unit Unit Price
EA $ 150.00 $
EA $ 2,000.00 $
EA $ 12,000.00 $
EA $ 5,000.00 $
LF $ 48.00 $
LF $ 20.00 $
Extended Cost
600.00
4,000.00
12,000.00
5,000.00
1~272.00
2,600.00
4m472.00
00410-8
References Quantity
Section
02525 2
02612 1167
02612 480
02612 607
02616 635
02616 40
02632 25
02632 2
02632 2
STORM DRAINAGE
DESCRIPTION
Unit Unit Price
Extended Cost
Wells EA $ 27,000.00 $ 54,000.00
15" RCP LF $ 25.00 $ 29,175.00
18" RCP LF $ 27.00 $ 12,960.00
24" RCP LF $ 36.00 $ 21,852.00
8" Perforated Drain HDPE. LF $ 4.00 $ 2,540.00
8" Non-Perforated Drain HDPE EA $ 7.00 $ 280.00
Catch Basins EA $ 2,000.00 $ 50,000.00
Flumes For Catch Basins EA $ 450.00 $ 900.00
Adjust Water Wells EA $ 100.00 $ 200.00
SUBTOTAL $ 171,907.00
00410-9
References Quantity
Sec~on
02232 202
02232 2
02240 4,000
02722 4,306
02725 3,352
02725 2,398
02511 175
02511 2,857
02744 35
02746 3,285
02746 1,900
02744 208
02744 1,520
02775 10,450
02775 1,450
02775 750
02782 18,510
02842 30
02843 1,400
02843 140
02843 3
02843 15
02843 3
02843 4
02843 2
02843 1
02843 1
02843 3
PAVING
Description
Remove Existing Pavement
Connect To Existing Street
Reinforced Grid (Geogrid)
Stabilized Subgrade
6" Limerock Base
4" Limerock Base
Tack Coat
Prime Coat
Street Patch
1 1/2 Inch Asphalt Pavement
1 Inch Asphalt Path
Type "F" Curb
Type "D" Curb
4" Concrete Sidewalk
6" Reinforced Concrete Sidewalk
6" Reinforced Conc. Base For
Bleachers
Unit Pavers
24" Thermo Plastic Stripes
4" Painted Parking Stripe
12" Painted Stripe
Painted handicap Sign
Painted Directional Arrow
Wheel Stop
"Do Not Enter" Sign RI-1
"Stop" Sign RI-1
"Right Turn Only" Sign R3-5R
"One Way" Sign R6-1
"Handicap" Sign FDOT 17355,
FTP-25
SUBTOTAL
Urdt Unit Price
Extended Cost
SY $ 3.00 $ 606.00
EA $ 200.00 $ 400.00
SY $ 2.50 $ 10,000.00
SY $ 1.50 $ 6,459.00
SY $ 7.25 $ 24,302.00
SY $ 6.50 $ 15,587.00
GAL $ 1.00 $ 175.00
GAL $ 0.50 $ 1,428.50
SY $ 15.00 $ 525.00
SY $ 3.75 $ 12,318.75
SY $ 2.50 $ 4,750.00
LF $ 6.50 $ 1,352.00
LF $ 6.25 $ 9,500.00
SF $ 1.40 $ 14,630.00
SF $ 1.75 $ 2,537.50
SF $ 2.75 $ 2,062.50
SF $ 3.70 $ 68,487.00
LF $ 4.00 $ 120.00
LF $ 0.30 $ 420.00
LF $ 1.00 $ 140.00
EA $ 25.00 $ 75.00
EA $ 20.00 $ 300.00
EA $ 15.00 $ 45.00
EA $ 300.00 $ 1,200.00
EA $ 300.00 $ 600.00
EA $ 190.00 $ 190.I~
EA $ 225.00 $ 225.00
EA $ 225.00 $ 675.00
$ 179,110.25
00410-10
SITE FACILITIES
References Quantity
Description
Unit Unit Price Extended Cost
Sec~on
02792
02825
02825
02825
10350
15400
I Tennis Courts
139 10'-0 Back Stop With 10'-0
Netting
194 6'-0 Fence
1 Netting Over Backstop
i Flag Pole
1 Drirtking Fountains ( Tem~is
Cottrts)
SUBTOTAL
Assm $ 52,000.00 $ 52,000.00
LF $ 15.00 $ 2,085.00
LF $ 12.00 $ 2,328.00
EA $ 7,000.00 $ 7,000.00
EA $ 2,000.00 $ 2,000.00
EA $ 2,000.00 $ 2,000.00
$ 67,413.00
00410-11
References
Section
02810
02822
02822
02825
02841
02841
02841
02841
02841
02841
02841
02870
02870
02870
02870
02870
02841
Quantity
HARDSCAPE
Description
I Irrigation
290 42" Height Railing
2,710 Decorative Picket
Perimeter Fencing With
Gates
4 17'-0 ManualShding
Vehicular Gate
1 Sign No. 1 Type "A"
2 Sign No. 2 & 3 Type "B"
2 Sign No. 4 & 5 Type "P"
2 Sign No. 7 & 8 Type "H"
1 Sign No. 9& 12 Type
4 Sign No. 10, 11, 13 & 14
Type "L"
2 Sign No. 15&16 Type
2 Bike Loops
20 Benches
4 Bleachers
1 Joint Use Fitness Center -
4 Quads
12 Trash Receptacles
SUBTOTAL
2 Sign No. 7 & 8 Type "H-
1" Alten~ate
SUBTOTAL
Unit Unit Price
Extended Cost
LS $ 75,000.00 $ 75,000.00
LF $ 30.00 $ 8,700.00
LF $ 32.00 $ 86,720.00
EA $ 500.00 $ 2,000.00
EA $ 4,500.00 $ 4,500.00
EA $ 1,250.00 $ 2,500.00
EA $ 200.00 $ 400.00
EA $ 650.00 $ 1,300.00
EA $ 425.00 $ 425.00
EA $ 235.00 $ 940.00
EA $ 325.00 $ 650.00
EA $ 950.00 $ 1,900.00
EA $ 900.00 $ 18,000.00
EA $ 2,650.00 $ 10,600.00
EA $ 17,500.00 $ 17,500.00
EA $ 1,542.00 $ 18,504.00
$ 249,639.00
EA $ 650.00 $ 1,300.00
$ 1,300.00
00410-12
SOFISCAPE
References Quantity Description
Section
02900 128,000 Bermuda Sod On 6'
Topsoil Bed
02900 236,800 St. Augustine Sod On
4" Topsoil Bed
02900 21 Gumbo Limbo
02900 27 Carpentaria Palm
02900 22 Glaucous Cassia
02900 5 Cascade Palm
02900 93 Coconut Palm
02900 5 Royal Poinciana
02900 12 Wild Tamarind
02900 5 Yellow Poinciana
02900 18 Zahedi Date Palm
02900 46 Live Oak
02900 27 Royal Palm
02900 68 Mahogany
02900 10 Silver Trtm~pet Tree
02900 6 Pt~k Trumpet Tree
02900 14 Thatch Palm
02900 1,838 Coco Plum
02900 50 Spanish Stopper
02900 10 Thryallis
02900 335 Spider Lily
02900 564 lxora "Nora Grant"
02900 597 Wax Jasmine
02900 352 Lirope "Evergreen
Giant"
02900 3,798 Variegated Liriope
02900 790 Dwarf Pentas
02900 50 Philodendron "Xanadu"
02900 315 Green Pittosporttm
02900 275 Indian Hawthorne
00410-13
Un/t Unit Price
Extended Cost
SF $ 0.75 $ 96,000.00
SF $ 0.50
$ 118,400.00
EA $ 2.75 $ 10,444.50
EA $ 2.75 $ 2,172.50
EA $ 9.00 $ 450.00
EA $ 7.00 $ 2,205.00
EA $ 7.50 $ 2,062.50
EA $ 195.00 $ 4,095.00
EA $ 225.O0 $ 6,075.00
EA $ 125.00 $ 2,750.00
EA $ 95.00 $ 475.00
EA $ 335.00 $ 31,155.00
EA $ 250.00 $ 1,250.00
EA $ 215.00 $ 2,580.00
EA $ 215.00 $ 1,075.00
EA $ 4,100.00 $ 73,800.00
EA $ 350.00 $ 16,100.00
EA $ 300.00 $ 8,100.00
EA $ 185.00 $ 12,580.00
EA $ 185.00 $ 1,850.00
EA $ 215.00 $ 1,290.00
EA $ 95.00 $ 1,330.00
EA $ 6.50 $ 11,947.00
EA $ 35.00 $ 1,750.00
EA $ 8.00 $ 80.00
EA $ 7.00 $ 2,346.00
EA $ 6.50 $ 3,666.00
EA $ 6.50 $ 3,880.50
EA $ 3.00 $ 1,056.00
References Quantity
Description
Unit Unit Price Extended Cost
Sec~on
850 Seasoned Color
80 Zamia
8 Relocate Trees
SUBTOTAL
EA $ 1.75 $ 1,487.50
EA $ 35.00 $ 2,800.00
EA $ 500.00 $ 4,000.00
$ 429,251.50
00410-14
References Quantity
Section
2
4
1
1
2
STRUCTURES
Description
Guard House
Prefabricated Stm
Shelters
Maintenance / Restroom
Building No. 1
Restroom Binlding No. 2
Dougouts
SUBTOTAL
Unit Unit Price
EA $ 12,000.00 $
EA $ 10,000.00 $
LS $ 175,000.00 $
LS $ 150,000.00 $
EA $ 10,000.00 $
$
Extended Cost
24,000.00
40,000.00
175,000.00
150,000.00
20,000.00
40%000.00
00410-15
References Quantity
Section
1
1
1
ELECTRICAL
Description
Site Electric North Tract
Site Electrical South Tract
FPL Fee
SUBTOTAL
Hohday, Lighting,
Alternate
LUMP SUM TOTAL COST
OF PROJECT
Based Upon Subtotals,
excluding alternates
Unit U~tit Price
LS $ 65,000.00
LS $ 48,000.00
LS $ 13,000.00
LS $ 24,000.00
Extended Cost
65,000.00
48,000.00
13,000.00
126,000.00
24,000.00
1,888,380.25
00410-16
KEITH and SCHNARS, P.A.
ENGINEERS - PLANNERS - SURVEYORS
February 10, 1998
Mr. Albert Catullo
Capital Projects Manager
City, of Aventura
2999 N.E. 191st Street, Suite #500
Aventura, Florida 33180
RE: Feunders Park Development
Keith and Schnars Project No: 15414.31
Dear Mr. Catullo:
It is the opinion of Keith and Schnars, P.A. the certain contract known as "Founders Park
Development" should be awarded to M. Vila and Associates, Inc. This opinion is based upon the
exit interview performed after the Bid Opening, review of the Bid Documems supplied with the
Bid and subsequent queries of his references.
Should you wish to discuss this matter please call me.
Respectfully,
KEITH and SCHNARS, P.A.
Manager Field Services
MJG/sb
2999 N.E. 191st Street · Suite 701 · Aventura, Florida 33180 · (305) 936-0000 · Fax (305) 937-1100
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Robert Sherman, Director of Communit.~ces
Alan Levine, Public Works Superinten~e%~
February 10, 1998
Founders Park - M.Villa
Please be advised that I spoke with Mr. Taj Siddiqui, City Engineer for Pembroke
Pines, who worked with M.Villa on the construction of their city park. Mr. Siddiqui
described the contractor as being responsible and professional.
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council t~r
Eric M. Soroka, Ci
February 12, 1998-
Resolution Authorizing Execution of Agreement to Accept the
Dedication of N.E. 183rd Street (Williams Island Road)
February 17, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution, which
authorizes the execution of the Agreement to accept the dedication of N.E. 183rd Street.
BACKGROUND
As you are aware, N.E. 183rd Street is currently a private road and is operated and
maintained by the 183rd Street Road Corporation. The annual budget is approximately
$140,000, and includes such items as landscape maintenance and insurance. Each
unit owner utilizing the road is assessed $3.00 a month.
Based on the fact that the roadway serves over 4,000 residential units, and the
conversion of the roadway from private to public would facilitate police services, the City
Council adopted a Roadway Conversion Policy to establish the parameters for the
dedication of the roadway. On January 21, 1998, the Council adopted the policy and
negotiations with the 183rd Street Road Corporation began. The City's engineers
performed an engineering assessment of the roadway to ensure the safety of
pedestrians and vehicles utilizing the roadway. The assessment included various
safety, drainage and lighting improvements. The Capital Improvement Program (CIP)
included funds ($1,156,000) to implement the recommendations of the assessment
study.
At the November 18, 1997 Council Meeting, a Work Authorization for the design of the
improvements was issued to Keith and Schnars, P.A. The safety improvements will be
coordinated with drainage, lighting and beautification improvements.
Due to the complexity of the numerous issues surrounding the dedication of the
roadway and concerns identified by Williams Island and the adjacent condominiums,
the negotiations were lengthy and time consuming.
However, I am pleased to advise the City Council that we have reached an agreement
that I feel I can recommend to the City Council.
The following highlights the major points of the agreement:
N.E. 183® Street, from Biscayne Boulevard to the entrance of Williams
Island, except the area adjacent to the mangroves will be dedicated to the
City.
The dedication is conditioned upon the consent of the 183rd Street
Corporation of the plans for the improvements as outlined in the CIP. We
have had preliminary meetings to review the landscape plan, roadway
alignment and safety improvements plans. Therefore, I do not anticipate
any problems of obtaining their consent or meeting the stated timetables.
The schedule to complete the improvements is October 31, 1998 in order
not to impact the "season". However, extensions may be granted to
extend the time or the work will recommence on the unfinished portions
after May 1, 1999. The majority of the work involves the installation of
streetlighting and landscaping. Staff has advised that the project can be
completed in five months.
The area not included for dedication along the mangrove area can be
dedicated to the City at a later date provided the tree canopy is
maintained. This provision will allow us the opportunity to explore other
alternatives in the future. However, at this time, the City will be granted a
nonexclusive easement to this area for purposes of maintenance and
police protection and traffic enforcement. The 183rd Street Road
Corporation will be responsible for providing liability insurance for the non-
dedicated areas.
The City will be responsible for the maintenance of landscaping and
roadway as well as streetlighting.
6. The 183rd Street Corporation is responsible for the following:
· Removing the speed bumps on or before May 1, 1998.
· Maintaining liability insurance over the entire roadway during the
course of and until the completion of the improvements.
· Pay to the City $94,000 upon completion of the improvements.
7. The closing will be held on March 31, 1998.
The dedication of the Property is subject to, and the deed of conveyance
reserves unto 183rd Street Corporation a perpetual easement over and
upon the entranceway from Biscayne Boulevard (Reserved Easement
Area). Which easement grants 183rd Street Corporation (a) the exclusive
right to install signs and/or monuments and/or decorative entry features
denoting "Williams Island", the clubs of Williams Island or any other
features and/or amenities of Williams Island, as well as fountains and/or
landscaping around such signs, monuments and/or entry features, and (b)
1 3r~l
the exc us ve r ght to ~nsta decorative pavers. Any s gnage which 8
Street Corporation desires to install on the Reserved Easement Area
must, prior to installation, be approved by the City, which approval shall be
based upon standard Citywide approval procedures.
Based on the City's acceptance of the roadway, the assessments to the residents will
cease in June 1998.
In summary, the Agreement conforms to the guidelines established by the City Council
in the Roadway Conversion Policy. More importantly, the dedication of the roadway will
reduce maintenance costs currently paid by the adjacent condominiums and provide for
a safer and beautified landscaped roadway.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0496-98
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BY AND BETVVEEN THE CITY OF AVENTURA AND 183rd
STREET ROAD CORPORATION FOR THE DEDICATION
OF NE 183"0 STREET TO 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.
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 by and between the City of Aventura and 183rd Street Road Corporation for
the dedication of NE 183rd Street to the City of Aventura.
.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 , who
moved its adoption. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No.
Page 2
PASSED AND ADOPTED this 17th day of February, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, 1998, by and between 183RD STREET ROAD CORPORATION, a
Florida corporation ("183rd Corp.") and the CITY OF AVENTURA, a municipal corporation
(the "City").
RECITAL_S:
A. 183rd Corp. is the owner of that certain parcel of land located in Aventura,
Miami-Dade County, Florida, commonly known as N.E. 183~a Street, which is more particularly
described in Exhibit "A" attached hereto ("1834 Street").
B. 183rd Corp. is the owner and holder of certain easement rights to provide
landscaping and street lighting adjacent to 183rd Street, which easement rights are more
particularly described in Exhibit "B" attached Hereto (the "Eascnnent Rights").
C. The City, as the municipality having jurisdiction over 183~ Street and the portions
of land subject to the Easement Rights, has requested that 183rd Corp. dedicate to the City all of
183rd Corp.'s interest in the portion of 183~d Street more particularly described in Exhibit "C"
attached hereto as well as 183rd Corp.'s Easement Rights relating thereto (collectively, the
"Property").
D. 183rd Corp. has agreed t0'dedic~ite the Property to the City, and the City agrees to
accept such dedication, on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of T~n and No/100 Dollars, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 183rd
Corp. and the City hereby 9gree as folloy(s: : ~, :,:
1 ~' ReCiiais. The foregoing re~itfils ar6 true'and Correct and are incorporated herein as
if repeated at length.
2. _Dedication of the Property. Subject to, and conditioned upon, satisfaction of all
of the conditions to the dedication of the Property set forth in this Agreement, 183rd Corp. agrees
to dedicate the Property to the City, and the City agrees to accept title to, and the dedication of,
the Property for the perpetual use of the Property by the public as a right-of-way and for
pedestrian and vehicular ingress and egress, subject to the terms and conditions contained herein.
3. Condition Precedent. The dedication of the Property and 183rd Corp.'s obligation
to convey the Property to the City, shall be subject to and conditioned upon the consent in writing
of 183rd Corp. and the City for plans for the improvement of the Property, which plans shall
describe, among other thh~gs, plans for drainage, street lighting, directional signage, landscaping
and installation of safety improvements along 183~ Street, and for the perpetual maintenance of
same (as approved by 183rd Corp., the "Plans"), all as more particularly described below. In
furtherance of the foregoing, the City shall prepare and submit to 183rd Corp. for approval a
preliminary draft of the Plans (the "Proposed Plans") by no later than February 28, 1998. 183rd
Corp. shall have fourteen (14) calendar days following receipt of the Proposed Plans in which to
approve or reject the Proposed Plans. In reviewing the Proposed Plans, and/or any other
submissions from the City, 183rd Corp. agrees that it shall not unreasonably withhold its consent or
approval. To the extent that the landscaping and/or lighting described in the Plans conforms with
that described in those certain plans identified on Exhibit "D", attached hereto (the "Existing
Plans"), such portion of the Plans shall be deemed acceptable to 183rd Corp. and must, to the extent
of their conformity with the Existing Plans, be approved by 183rd Corp. If 183rd Corp. rejects the
Proposed Plans, 183rd Corp. shall provide the City with specific recommendations for revision, and
the City shall thereafter submit revised plans (the "Revised Plans") to 183rd Corp. within fourteen
(14) calendar days after receipt of a rejection notice. 183rd Corp. will thereafter have seven (7)
calendar days to approve or reject any Revised Plans, with all time periods to restart regarding
further revisions to the Revised plans. Any fa!!nre by 183rd Corp. to either approve or reject
Proposed Plans or Revised Plans within the applicable time period for review shall be deemed a
rejection of the Proposed Plans or Revised Plans. In the event that the Plans have not been agreed
upon prior to the Closing Date, 183rd Corp. may elect to terminate this Agreement by giving
written notice thereof to the City, in which event the parties shall be released from all further
obligations under this Agreement.
4 Imnrovements to Property. The ~City ShalI Commence the work described in the
am~roved Plans (the "Work'~) on May 1; 1998 (the "Commencement Date~'), and shall dlhgently
and cOntinuously proceed with the Work, whmti sh,a. ll be completed no later than October 31, t 998,
subject tO extehsi'on~ ~ ~ reSUit °f acts :6f fo~6'~/ijdtire. The term "force majeure" as used in this
Agreement Shall mean "aCtS of GOd", iabo~ dispUt4s (whether laWful or not), material or labor
shortages, restrictions by any governmental 6r Utility' authority(other than the City, unless the
restriction is applicable to ali of Aventura), civil riots, floods or other causes beyond a party's
control. The City agrees that, absent the written approval by 183rd Corp. for an extension of the
time in which th~ CitY can complete the Work','g/lli6h~app?bval~ maY be withheld by 183rd Corp. in
its reasonable discretion to the extent that ~t reasonitbly ¢elleves that the continuation of the Work at
that time woUld be detrimental' fo the owners 6~'Pr6P'~rtieS along 183~ Street, and/or their residents,
no Work may be performed other than betwe~h May 1 and October 31 of any particular year.
Accordingly, if any portion of the Work is not completed by October 31, 1998, same may not be
recommenced until May 1, 1999 (however, the foregoing shall not be deemed to relieve the City of
its obligations to complete the Work by October 31, 1998). Notwithstanding anything herein
contained to the contrary, the City agrees that in undertaking the Work, it shall use its good faith
efforts to minimiZe interference With n0rma,! pedestrian and ,VehiCUlar traffic flow over and across
Pi6taihbd Pi~onertv: The City' Understhnds and agrees that the Property does not
include; ahd thht i83¥d Corp. is retaining fltl6, ~d ~li6f its rights to, and interest in, a certain
portiontol 183 Street, ldentffied as Area Number 3 ( Area 3 ), and legally described on Exhibit
"E" attached hereto. At closing, i83rd COrp. shali~ ~ant'~0 ~the cify a non-exclusive easement
over and upon Area 3 for pedestrian and. vehicu!ar:ingr,e.s,S and egr~,ss,thereover, and for use by
the CitY tO ins~ail anti rffaintiiifi ~hv'in,~ li~h~fing ' !~cls'~th~il~' and s'i~iage al6fi~ ~he Portion of the
road Within Area 3 and for striping on that portion of the road and to perform its traffic
enforcement :dnties, all of which the city Shali B6 6bbgated to perform to the same extent it
would perform such actions on a publicly dedicated road. Notwithstanding the retention of title
to Area 3 by 183rd Corp., the City agrees that it shall perpetually maintain and operate Area 3 in
the same manners as the balance of the Property. In that regard, subject to the limitations set
forth in Section 768.28, Florida Statutes, the City hereby agrees to indemnify and hold 183rd
Corp. harmless from and against any and all claimg, damage, liabilities, losses, costs and
expenses (including reasonable attorneys' fees through all applicable levels) suffered and/or
incurred by 183rd Corp. as a result of the City's failure to so maintain, repair and operate Area 3.
The City's covenant of indemnifieation shall not apply'to any injury or damage directly resulting
from City's allowing Area 3 to exist in a c6nd!ti0n h0t~ifi'~Onformity with City or State standards
(the "Nonconformity"), as distinguished fr0m any i'njury Of damage resulting from City's failure
to property maintain, repair or operate Area 3, for Which City shall indemnify 183rd Corp., as
provided above.
Notwithstanding the foregoing, 183rd Corp. agrees to dedicate Area 3 to the City, within
thirty (30) days following 183rd Corp.'s receipt of written confirmation from the City that (the
"Area 3 Conditions") (i) the City commits to perpetually maintain the tree canopy that currently
exists over ail of A/ea 3 and shall 0nib'have~ the ~i~ht to' ~epiace Such tree canopy with a canopy
that ~S substantially S~m~lar ~n nature to that which currently emsts (u) the C~ty commits to
perpetually mamtmn a.landscape buffer along bgth s~:des Of 183 Street, which buffer shall be not
less than sixteen (16) feet in height and eight (8),feet !n width; (iii) the City has developed a plan,
acceptable to 183rd Corp., for the r~moval' of the mangrox~es in Area 3 and; (iv) the City will
otherwise improve and maintain Area 3 in aCc0rdan6~ ~Vith the improvement and maintenance
standards set forth in the Plans.
The pr6visi:°ns Of th~s paragraph shall surwve the ded~at~6h of the Property to the C~ty.
6. 183rd Corn_ .'s Obligations.
(a) 183rd Corp. shall be obligated to remove all of the speed bumps located on t83~d
Street on or before May 1, 1998.
(b) I83rd 'Corp. shall maihtain 1)abilit~ insurance over all of the property defined as
183rd Street during the course ofahd u~til Completion of the Work.
(c) Unless and until dedicated toand accepted by the City, 183rd Corp. shall
continuouslY prOvide adequate liability lnSurance coverage pertaining to liability arising
from the Nonconformity of Area 3 and ~hall cause the city to be named as an additional
insured under any such policy. Such liabilitY insurance shall be in an amount of not less
than $500,000.00, single limit, for property damage and bodily injury coverage.
(d) 183rd Corp. shall pay Ninety Foi~r ThoUsand and No/100 Dollars ($94,000.00) to
the City upon the completion of the Work, provided only that the Work is completed
within two (2) years following Closing. If the Work has not been completed and satisfied
within said two (2) year period, 183rd Corp. shall have no obligation to pay any sums
-3-
whatsoever to the City (however, the foregoing shall not be deemed to relieve the City of
its obligation to timely complete the Work).
The provisions of this paragraph 6 shall survive the dedication of the Property to the City.
7. Signage Areas. The dedication of the Property shall be subject to, and the deed of
conveyance shall reserve unto 183rd Corp., a perpetual easement over and upon those certain
portions of the Property described in Exhibit "F" attached hereto ("Reserved Easement Areas"),
which easement shall grant 183rd Corp. (and its successors and assigns): (a) the exclusive right
to install signs and/or monuments and/or decorative entry features denoting "Williams Island",
the clubs of Williams Island or any other features and/.or amenities of Williams Island, as well as
fountains and/or landscaping around such signs, monuments and/or entry features, and (b) the
exclusive right to install decorative pavers in and upon Reserved Easement Areas. Any such
signs, monuments, entry features, fountains, landscaping, and/or decorative pavers shall be
maintained by 183rd Corp. Any signage which 183rd Corp., and/or its successors and assigns,
desires to install on the Reserved Easement Area must, prior to installation, be approved by the
City, which approval may not be unreasonably withheld and shall be based upon standard
citywide approval procedures.
Should the City, at any time after the execution of this Agreement, install signage on any
portion of 183~a Street denoting any portion of Williams Island, such signage must be in
substantial accordance with the size and style Of the signage for Williams Island currently
existing on the Property. If such signage does not conform with the signage currently existing on
the Property, and the City does not promptly after receipt of written notice replace said signage
with conforming signage, then, 183rd Corp. may install alternate signage and the City shall be
obligated to reimburse 183rd Corp. for the reasonable costs associated thereto.
8. Closing. The closing (the "Closing") shall be held on March 31, 1998 (the
"Closing Date") at the offices of the attorneys for 183rd Corp., Greenberg, Traurig, Hoffman,
Lipoff, Rosen & Quentel, P.A. at 1221 Brickell Avenue, Miami, Florida 33131.
At Closing, 183rd Corp. shall execute and deliver to the City the following:
(a)
a good and sufficient special warranty deed of the Property, which shall expressly
provide that the Property shall be perpetually maintained as a public right-of-way
for pedestrian and vehicular ingress and egress by the public and otherwise
incorporate all maintenance and improvement obligations of the City under the
Plans, and shall be subject to: (i) all covenants, agreements, easements and
restrictions of record, but without reimposing same (ii) all matters which would be
disclosed by a survey and/or physical inspection of the Property, and (iii) all
retained rights of 183rd Corp. set forth in this Agreement,
(b)
an Opinion of Title to the Property, evidencing 183rd Corp.'s fee ownership of the
"Fee Parcel" of the Property as described on Exhibit "C" attached hereto, and
183rd Corp.'s easement rights in and to the Easement Rights,
(c) a "no-lien" affidavit,
(d) a non-foreign affidavit or certificate, and
(e)
appropriate evidence of Seller's formation, existence and authority to dedicate the
Property.
At closing, the City shall execute and deliver to 183rd Corp. an indemnification and hold
harmless agreement with respect to all matters related to the Property, arising solely from City's
failure of performance of its obligations hereunder and subject to the provisions of Section
768.28, F.S., from and after the date of Closing and appropriate evidence of the City's authority
to accept title to the Property and undertake the obligations set forth in this Agreement and in the
closing documents. Additionally, at Closing, the City shall deliver to 183rd Corp. a title
endorsement and/or such other binding certification confirming the owners of Williams Island
(and their guests, tenants and invitees) unobstructed pedestrian and vehicular ingress and egress
to and from Biscayne Boulevard and Williams Island and a duly executed and binding agreement
from the City that the City shall not vacate 183ra Street without the express written consent or
183rd Corp., its affiliates or assigns.
9. Miscellaneous.
(a)
Enforcement. The provisions of this Agreement may be enforced by all
appropriate actions at law and in equity by 183rd Corp. and the City, their
successors and assigns.
(b)
Counterparts. This Agreement may be executed in any number of counterparts
and by the separate parties hereto in separate counterparts, each of which when
taken together shall be deemed to be one and the same instrument.
(c)
Construction. The section headings contained in this Agreement are for reference
purposes only and shall not affect the meaning or interpretation hereof. All of the
parties to this Agreement have participated fully in the negotiation of this
Agreement, and accordingly, this Agreement shall not be more strictly construed
against any one of the parties hereto. In construing this Agreement, the singular
shall be held to include the plural, the plural shall be held to include the singular,
and reference to any particular gender shall be held to include every other and all
genders.
(d)
Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to have been duly given when delivered by hand or
three (3) business days after deposit in the United States mail, by registered or
certified mail, return receipt requested, postage prepaid, and addressed as follows
(or to such other address as either party shall hereafter specify to the other in
writing):
-5-
If to 183rd Corp.:
c/o Williams Island Associates, Ltd.
7900 Island Boulevard
Williams Island, Florida 33160
Attn: Alan Matus
If to City:
City of Aventura
Office of the City Manager
2999 N.E. 191st Street
Suite 500
Aventura, FL 33180
(e)
~. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed as deleted as such
authority determines, and the remainder of this Agreement shall be construed in
full force and effect.
Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of 183rd Corp. and the City and their respective successors and assigns.
(g)
Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
10. Entire A reement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements, both oral and written, between the parties with respect thereto.
EXECUTED as of the date and year first above written.
Witnessed by:
183RD STREET ROAD CORPORATION.,
a Florida corporation
Nalne ~
Name:
By:
Name:
Title:
[Corporate Seal]
-6-
CITY OF AVENTURA, a municipal
corporation
Name:
Name:
By:
Eric M. Soroka, City Manager
[Corporate Seal]
Approved:
City
Attorney
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,1998,
by , as of 183RD STREET
ROAD CORPORATION, a Florida corporation, on behalf of said corporation. He is personally
known to me or presented as identification.
My Commission Expires:
Notary Public
State of Florida At Large
-7-
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of _,
1998, by ERIC M. SOROKA, City Manager of the CITY OF AVENTURA, a municipal
corporation, on behalf of said corporation. He is personally known to me or presented
as identification.
My Commission Expires:
Notary Public
State of Florida At Large
-8-
Exhibit "D"
(a)
(b)
(c)
Performing the landscaping improvements set forth in the proposed Landscape
Improvements Concept Plan for N.E. 183d Street - Williams Island, dated May 25, 1995
and prepared by Bradshaw, Gill & Associates;
Performing the roadway and planting improvements as set forth in Areas 1, 6 and 7
Roadway Improvements Planting Plan for N.E. 183rd Street - Williams Island, dated June
30, 1995 and prepared by Bradshaw, Gill & Associates;
Installing signage and lighting as set forth in the following plans prepared by O'Leary
Design Associates, P.A. and Tom Graboski Associates, Inc., specifically, installing:
(i) Street Sign (illuminated), Aventura Boulevard, dated September 1, 1997;
(ii) Street Sign, Aventura Boulevard, dated September 1, 1997;
(iii) Street Banners, Aventura Boulevard, dated September 1, 1997;
(iv) Lighting Schedule and Detail, dated September 1, 1997;
(v) Light Pole Structural Detail, dated September 1, 1997;
(d) Installing light posts as set forth on attached document entitled "Installation
of Light Posts".
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cityp~fi
February 11, 1998 L,
Welfare to Wages Program
February 17, '1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the Resolution authorizing the execution
of the Agreement with Lockheed Martin IMS to provide two Work and Gain Economic
Self-Sufficiency (WAGES) customers with a non-paid, job training experience.
BACKGROUND
The Miami-Dade League of Cities, as a service to local governments, has been
selected as a service provider in the Welfare to Wages program under the State of
Florida contract awarded to Lockheed Martin IMS. The League is responsible for
placing current welfare recipients in employment slots in the cities of Miami-Dade
County at no cost to the cities. The League is one of 29 service providers under the
Lockheed Martin program,
Two participants will work 20 hours a week for six months as clerks in the Department
of Community Development. By participating in the Welfare to Wages Program, the
City of Aventura will enable WAGES customers to obtain the knowledge and skills
essential to securing and maintaining employment, while at the same time providing
enhancements to our services.
EMS/jb
Attachment
cco495-98
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BY AND BETWEEN THE CITY OF AVENTURA AND
LOCKHEED MARTIN IMS FOR PARTICIPATION IN THE
WELFARE TO WAGES PROGRAM; 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 by and between the City of Aventura and Lockheed Martin IMS for
participation in the Welfare to Wages program by providing two Work and Gain
Economic Self-Sufficiency (WAGES) customers with a non-paid job training
experience.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
who
, and
Resolution No.
Page 2
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of February, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
Devcluper:
Agreement No.:
Life Zone:'
LOCKHEED MARTIN IMS
\\;ORK AND GAIN ECONO.MIC ~ELF-SUFFICIENCY (WAtJES)
CO.X.~ft~rlTY SERVICE WORK EXPERIENCE PROGRAM AGREEMEN-F
Tills AGREEI~{ENT is entered between LOCKHEED MARTIN IMS, located at Americ~.q
Center, 150 SE ?d Avenue, Suite 1200, Miami, Florida 33131, hereinafter refe~ed to as
"Lockheed Martin" and the following Employer herelnaffer referred to as the "Pro¼der."
1. PROVIDER: ~rhe City of Aventura
2. Address:
2999 N.E. 191st Street Suite 500
Aventura, Florida 33180
FEIN No.: 65-0662615
Description of Organi?~tion:
municipality
PROVIDER REPRESENTATIONS
The Provider represems that (1) it is a prix'ale non-profit or public non-profit corpora{on,
or local governmental enti¢' and (2) is capable of pro,Sd{rig Work Experience in
accordalace ~x'ith the terms of this Agreement.
I. The Provider Agrccs
To develop and proxSde agency work sites design~ to provide Work and Gain
Economic SeLf-Sufficiency {WAGES) cuslomers referred by Loc 'kheed Martin
with a non-paid, job trairdng experience commonly referred to as "Work
Experience."
The Provider shall not disclose the WAGES customer's stares as a recipient
of publlc assistance to anyone other than personnel author{zeal by Lockheed
Martin or provider.
B. Scrvices to be Provided
The Prox4der w/Il develop a Training Outline (Attachment l) for each
employment position and pro~Sde Community Service Work Experience
Program training to WAGES customers so as to enable them to obtain ~he
knowledge and skills essential to an adequate level of performance of the job
in accordance with the approved Training Outline. The Training Omline
CWEP AGREEM'EN'T Revised 1/22/98
shah for provide a rninhntun of twenty (20) hours per wee~k of work
experience Ibr a period not to exceed six (6) months.
:Progress Repo~s ,and Noti.ficafion - The Provider shag notice Lock.heed
Martin in v, vhing of the slatus of WAGES customers when one or more of
the following situations occm'.
The indMdual has fail~ to attend the inilial interview, refused a
su/table work site training- offer, or voluntarily quit trait&ag.
bo
The individual was not acccptcd for participmion in the conmmnlry
work experience training program.
The inddvidu.al has experienced conlinued absemeeism, sictmess or
other problems that may ~ise.
The individual tem~inated training and either.
(1) Secured unsubsidized empl%vrnent; or
(2) Is no longer in training.
Man n er of Service Provision
The Training Omtine must be approved, in ,.wiring, by Lockheed Matin
for each WAGES cuslomer, prior to the proxdsion of servSces or any
work experience commencing.
The Provider must prox4de the necessary hxqmctions super~4sion mad
equipment necessa~ to train the trainee.
Special Provisions
The Provider shall teach the WAGES customer the skills necessary, for
entry level work in the designmed job title.
No individual may participate in Community Service Work Experience
funded by Lockheed Martin unless Loc 'kheed Martin officially refers the
individual to the Provider in accordance with this a~eement.
The trainee(s) under this agreemem or any amendmem hereto is 1o be
pro¼ded with the same terms of employment, and working conditions
accorded to other employees presemly in the Providcr's work force;
however, workers' compensation x~411 be provided as ma~ed in section II.C.
No currently, employed worker shall be displaced by a lrainee. This
includes partial displacement such as reduction in the hours of non-
overtime work wages or employment benefits.
CWEp AGREEMENT Revi.~xl I;22/98
II.
No trainec shall bc hh'cd into or remain working in any position when the
same or substanlially equivalent position is vacant due 1o a hiring freeze or
when any reg-alar employee is on lay-offfrom the same or'substantially
equivalent position or when the regular employee has been humped mid has
recall or btunping fights to Ilmt position pursuant lo the Pro'rider's
personnel policy or collective bargaining agreement.
The Provider shall indemni~ and hold harmless Loc'kheed Martin, its
officers, its agents, its employees, and the WAGES Coalition, .rEP Region
23 from liability of any r~ture ~nd 'kind, including costs, expenses, and
attorney's fees, for or on accom~t of any actions, claims, suits or damages
of any cl2~racter whmsoever arising out of a.ny negl/gent act or omission of
the Provider or any employee, agent, subcontractor, or represemath,e of
the Provider.
The Proxfders shall rn~atain appropriate employment and time records as
nmy be required by WAGES and shall provide such records upon
reasonable request for mon/toring purposes.
Lockheed Martin Agrces:
A
Loc'kheed Martin shall refer el/~ble WAGES customers to /he Provider lbr
consideration in employment in a commmfity service work experience progr,'un
component.
Lockheed Martin shall provide child care, lranSportalion, and other work-related
expenses as needed by the trainee m the exxent funds are available, and the expen,~e
is authorized by, law or regulation.
Lockheed Martin will arrange for workers' compensation liability and or claims
cover~e for all trahnees to be provided through thc stale of Florida for WAGES
Community Service Work Experience customers.
The Provider and Lock.heed Martin Mutually Agree:
A. Effective Date:
This a~eement shall begin on ~he dale on which this agreement has been sigmed by
both parties and shall term/hale in three (3) years. In Ibc event that a participant is
employed in the work experience at the end of the term of this Agreement, then
this A~eement shall be in force and effect for the duration of the remaining time
required only for such participant to complete their work experience.
B. Termination:
Ter~i~inafion at Will: This agreement may be terminated by either party upon no
less than thirty (30) days notice, without eau.se, or immediately il'for cause. This
CWEp AGREEM.ENT Revised 1 t22/98
Agreement may also be terminated or modified upon an5' notke of ch,'m.ge or
amendment to any law or regulation which governs tkis work exp.erience pro.am.
Notice' and Contact:
The ]mme, address and telephone number of the represeutative for Lockheed
Martin for this agreement is:
Barbara Fernandez
150 S.E. 2nd Ave. Ste. 1200
l'{iam{, ~ 33131
The name, address, zip code and telephone nmnber of the representative for
Provider responsible for the administration.of the program .under...tl}is agreement is:
Jules gevis, Administrative assistant to the uakry Manager
2999 N.E. 191st St. Ste. 500
Aventura, FL 33180 (305) 466-8911
In the cvcnt that different representatives are designated by cithcr parly after
execution of this agreement, notice of the name and address of the new
representative v,511 be rendered in ,,wiling to the other parry and said notification
attached to originals of this agreement.
Thlq agreement and its attachments as referenced, (Attackment 1 ), contain all the terms
and conditions agreed upon by the parries.
IN WITNESS THEREOF. the parties hereto have caused this agreement to be executed by their
~mdcrsig:ned officials as duly authorized.
PROVIDER
City of Aventura
LOCKHEED MARTIN, IMS
BY: BY:
Signature Signal~e
Name Name
W'rtness Wilness
Dale Dale
cWEp AGR.EEM~NT Rcvis~l I/'22/98
Developer:
Providcr/Orgmuizmfion:
TRAIPSING OUTLINE
City of Aventura
position one
Agreement No.
C\VEP Job Site (Address & Zip Code): 2999 lq.E. 191st St. Ste. 500
Aventura, FL 33180
Contact Person & Telephone: Jules Bevis
1 ) Job Title: Clerk
(305) 466-8911
2)
3)
4)
5)
6)
7)
Trainee Name (if available):
Start Date of Tr,~'-dng:
Lengil~ of Training:
As soon as possible
six months
Ending Date of Training: S/A
Trv2ning Days & Shift: twenty hours a week
Job Duties: The responsibilities of a clerk include filing, light computer work,
answering phones, organizing files, copying, faxing and distributing
mail withiu the Department of Community Development.
8) Special Requirements:
9) Number of Positions Available: 2
I0) Occupalional Title (ifavailablc): I~/A
11) DOT Code (if available): ~q/A
12) Case M.,nager/Life Zone (if available): N/A
Authorized By: Provider
Authorized By: LOCI<HEED MARTIN, IMS
Signatare
Printed Name
Date
Signature
Primed Name
Date
Developer:
Providcr/Orgm~iz2fion:
TRAINq 'G OUTLINE
City of Aventura
position two
Agreement No,
CWEP Job Site (Adckess & Zip Code): 2999 N.E. 191st st. Ste. 500
Aventura, FL 33180
Contact Person & Telephone: Jules Bevis
1 ) Job Title: Clerk
(305) 466-8911
2)
4)
6)
7)
Trainee Name (if available):
Stem Date of Trai~fing:
Len~h of Trai~ng:
N/A
soon as possible
six months
Ending Date of Training: lq/A
Tr?~-Sng Days & Skirl: twenty hours a week
Job Duties: The responsibilities of a clerk include filing, light computer work,
answering phones, organizing files, copying, faxing and distributing
mail within the ~epart=ent of Comnity Development.
$) Special Requirements: N/A
9) Nurnber o£ Positions Available: 2
10) Occupational Title (ifavailablc): N/A
31) DOT Code (ifavailable): N/d
12) CaseM.-nager/Life Zone (if available): N/A
Au~orized By: Provider
Authorized By: LOCKHEED MARTIN, IMS
Signature
PrLnted Name
Date
Signature
Primed Name
Dale
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _~'
Ordinance Regulating Satellite Dishes
Ist Reading February 3, 1998 City Council Meeting Agenda Item ~-/~}
2nd Reading February 17, 1998 City Council Meeting Agenda Item-'~--~
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance establishing
regulations for the installation, maintenance and use of satellite dishes in the City.
BACKGROUND
Based on recent rules issued by the Federal Communications Commission, our
telecommunications legal advisor, Leibowitz and Associates, Inc., has prepared the
attached Ordinance (see attached letter). Section 207 of the Telecommunications Act
of 1996, prohibits any local law or regulation that impairs the installation, maintenance
or use of satellite dishes that is one meter or less in diameter in a residential area or
two meters or less in a commercial or industrial area. The Ordinance provides
regulatory authority in the establishment of regulations for the installation, maintenance
and use of satellite dishes in the City. The Ordinance is necessary to protect the
activities of the City and comply with new Federal regulations.
The key provisions of the Ordinance are as follows:
· Requires a permit and compliance with applicable safety and construction
codes.
· Requires written notice to the City within 48 hours of antenna installation.
· Restricts the placement of antennas in front yards.
· Requires screening or protective barriers around the satellite if feasible.
· Requires that a satellite be ground mounted or located on the side of
structures as close to the ground as possible.
· Requires the satellite dish to be painted to blend
environment.
· Establishes requirements for rooftop installations.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0467-98
with the surrounding
LEIBOWITZ ~ z~-SSOCIATES, P.A.
JOSEPH A. BEIlSLE
JANE M. FAGAN
ILA L. FELD
EOWARD S. HAMMERMAN'
ALLISON K. HIFT
MATTHEW L. LEIBOWITZ
SUITE 1450
SUNTRUST ~NTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
TELEPHONE (305) 530-~322
TELECOPIER (305) 530-9417
E-MAll Broadlaw@aol.com
January 5, 1998
Eric M. Soroka
City of Aventura
Government Center
2999 N.E. 191 Street
Suite 500
Aventura, FL 33180
RE: City of Aventura, Florida
Satellite Ordinance
Dear Terry:
As requested, attached please find a draft Satellite Dish regulatory ordinance for the City of
Aventura, Florida.
The Telecommunications Act of 1996 granted the Federal Communications Commission
("Commission") authority to promulgate regulations to prohibit restrictions that impair a viewer's
ability to receive video programming services through devices designed for over-the-air reception
of television broadcast signals, multichannel/multipoint distribution service, and direct broadcast
satellite services. The 1996 Act's direction to the Commission to prohibit restrictions that impair
reception of over-the-air video programming services promotes the primary objective of the
Communications Act to, "make available, so far as possible, to all the people of the United States
· . . a rapid, efficient, nation-wide, and world-wide wire and radio communications service with
adequate facilities at reasonable charges."
In August 1996, the Commission issued a final rule. The rote has several key components
which include, but are not limited to, the following:
1. Telecommunications reception equipment covered by the rule:
Direct broadcast satellite (DBS) antennas one meter or less in diameter
(except in Alaska, where no size limitation is imposed because larger
antennas are required for reception);
Multipoint distribution service (MDS) antennas of one meter or less in
diameter;
· Television broadcast antennas regardless of size.
2. Types of property upon which antennas may be installed:
· Individually owned property;
Exclusive use areas, where an owner has a direct or indirect but not exclusive,
ownership interest in property and exclusive use or control over that property.
3. Restrictions permitted:
Restrictions based on safety - restrictions based on safety if necessary to
accomplish a clearly defined safety objective that is either stated in the text,
preamble or legislative history of the restriction, or described as applying to
that restriction in a document that is regularly available to antenna users, and
that are applied to the extent practicable in a non-discriminatory manner to
other appurtenances, devices or fixtures that are comparable in size, weight
and appearance to these antennas and to which local regulation would
normally apply;
Restrictions intended to preserve a historic district - restrictions intended to
preserve a historic district if the historic district is listed or eligible for listing
in the National Register of Historic places, as set forth in the National
Historic Preservation Act of 1966, as amended, so long as the restrictions
impose no greater hardship on antennas covered by this rule then are imposed
on the installation, maintenance or use of other modem appurtenances,
devices, or fixtures that are comparable in size, weight and appearance to
these antennas.
4. Any restriction based on safety or intended to preserve a historic district may
be no more burdensome to affected antenna users than is necessary to achieve the objective
described above.
Therefore, pursuant to the rule, the City of Aventura, Florida may promulgate regulations
including the following:
1. Regulations that do not (a) prevent or unreasonable delay installation, maintenance
or use of the antenna; (b) unreasonably increase the cost of installation, maintenance, or use of
antennas; or (c) preclude an acceptable quality signal. In addition, the local authority may
promulgate restrictions that require compliance with building and safety codes.
The Commission rule preempts State and local laws that conflict with the role. However,
state and local laws that do not conflict with the role will remain enforceable. To date, the
Commission has preempted five (5) locally promulgated rules. In considering these cases, the
C 5225\Aventura\Satellite Ordinanc e~LetXers\Sor oka 122497
Commission has issued decisions with respect to implementing the rule including, but not limited
to those issues listed below.
· City house owners associations fall within the definition of a homeowners
association and, therefore, fall within the rule that preempts restrictive covenants that
impair viewer's ability to receive over-the-air programming through antennas.
A requirement to obtain a five dollar ($5.00) permit prior to installation, and the
requirement to obtain City approval prior to antenna placement, was held to conflict
with the prohibition against restrictions that unreasonably delay or prevent antenna
installation, maintenance, or use that are not required by safety or historic
preservation considerations.
A setback regulation that was vague impermissibly delayed or prevented antenna
installation, maintenance and use, thereby violating the rule.
An outright ban against the installation of externally mounted antennas that is not
justified on either safety or historic preservation grounds is prohibited.
The burden is on the local authority to prove that reception will not be impaired by
requiring internal antenna installation.
The recommended draft ordinance, while complying with current Federal law, reserves to
the City substantial regulatory authority. The key provisions of the draft ordinance include, but are
not limited to: (1) a requirement to obtain approval by the Building and Zoning director which is
contingent upon the antenna user obtaining permits, if necessary, registering with the proper City
authority and following applicable safety and construction codes; (2) a requirement to provide
written notice to the City within forty eight (48) hours of antenna installation; (3) a requirement that
the City act upon a permit request within twenty (20) days; (4) a restriction on placement of
antennas in front yards; (5) a requirement to screen in or place protective barriers around the satellite,
if feasible; (6) administrative fees of $10.00; (7) a requirement that a satellite be ground mounted
or located on the side of structures as close to the ground as possible (i.e. ~vith
painting/camouflaging); (8) a requirement that a satellite be painted to blend with the surrounding
enviromnent; (9) a requirement that a temporary or movable antenna be removed ~vithin six (6)
months after a permit is issued absent special circumstances; and (10) certain requirements for roof
top installation.
Note that the proposed draft does not incorporate any provisions for special zoning districts.
If necessary, the City may consider filing a request for waiver of the rules with the FCC for such
districts.
The draft Satellite Ordinance attached hereto is consistent with the FCC's current rules but
adopts certain requirements including, but not limited to, the $10 permit fee which could be subject
to challenge.
C:\225\Aventura\Satellite Ordinance\Letters\Soroka 122497
3
SUITE ~450, ONE SOUTHEAST THIRD AVENUE~ MIAMI~ FLORIDA 33131-1715 · TELEPHONE (305) 530-1322
The Commission is expected to issue roles and decisions that further clarify and implement
satellite rules in the near future. Thus, as case law develops, and as the Commission promulgates
new Federal rules, the Satellite Ordinance may require future amendments or modifications.
Please review the first draft of the Satellite Ordinance and contact me at your earliest
convenience with your comments so that we may move forward with this matter.
Sincerely,
Ila L. Feld
ILF/vl
CC:
David Wolpin, Esq.
Weiss, Serota & Helfman, P.A.
C:\225LAventura\Satellite Ordinance\Letters\Soroka 122497
ORDINANCE NO. 98-._
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY
ADDING A NEW CHAPTER ENTITLED "SATELLITE
DISHES", PROVIDING FOR THE REGULATION OF THE
INSTALLATION, MAINTENANCE, AND USE OF
SATELLITE DISHES DESIGNED FOR OVER-THE-AIR
RECEPTION OF TELEVISION BROADCAST SIGNALS,
MULTICHANNEL, MULTIPOINT DISTRIBUTION SERVICE,
DIRECT BROADCAST SATELLITES, MULTIPOINT
DISTRIBUTION SERVICE, INSTRUCTIONAL TELEVISION
FIXED SERVICE, AND LOCAL MULTIPOINT
DISTRIBUTION SERVICE; DELEGATING REVIEW
AUTHORITY AND APPROVAL OF THE INSTALLATION
OF SUCH DISHES TO THE CITY MANAGER; PROVIDING
FOR REPEAL; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, Congress enacted Section 207 of the Telecommunications Act to
prohibit restrictions that impair an antenna user's ability to receive over-the-air video
programming services; and
WHEREAS, the Federal Communications Commission ("Commiss'on') rules
require the City to re-examine its laws regulating Over the Air Reception Devices; and
WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City
Council has been designated as the local planning agency for the City pursuant to
Section 163.3174, Florida Statutes; and
WHEREAS, the City Council has reviewed the regulations set forth in this
Ordinance and has determined that such regulations are consistent with the applicable
provisions of the Comprehensive Plan of Miami-Dade County as made applicable to the
City; and
WHEREAS, it is the intent and purpose of the City to encourage and facilitate
competition and consumer choice by ensuring antenna users' ability to receive over-
the-air signals; and
WHEREAS, Section 207 of the Telecommunications Act 1996 prohibits any local
law or regulation that impairs the installation, maintenance, or use of: (1) an antenna
that is designed to receive direct broadcast satellite services that is one meter or less
Ordinance No. 98-__
Page 2
in diameter; or (2) an antenna that is designed to receive video programming services
via multipoint distribution services, including multichannel multipoint distribution
services, instructional television fixed services, and local multipoint distribution
services, and that is one meter or less in diameter or diagonal measurement; (3) an
antenna that is designed to receive television broadcast signals; or (4) an antenna that
is two meters or less in diameter and is located or proposed to be located in any area
where commercial or industrial uses are generally permitted by non-federal land use
regulation zoning; and
WHEREAS, Commission Rule 25.104(a), which applies to satellite earth station
antennas prohibits any regulation that (1) materially limits transmission or reception by
satellite earth station antennas or (2) imposes more than minimal costs on users of
such antennas, where the City cannot demonstrate that such regulation is reasonable;
and
WHEREAS, Commission Rule 25.104(b), which applies to small satellite earth
station antennas, clarifies that a regulation or restriction impairs installation,
maintenance or use of an antenna if it: 1) unreasonably delays or prevents installation,
maintenance or use, 2) unreasonably increases the cost of installation, maintenance or
use, or 3) precludes reception of an acceptable quality signal. However, Section 257
provides that any restriction otherwise prohibited is permitted if: 1) it is necessary to
accomplish a clearly defined safety objective and is applied in a non-discriminatory
manner to other appurtenances, devices, or fixtures that are comparable in size,
weight, and appearance to these antennas and to which local regulation would
normally apply; or 2) it is necessary to preserve an historic district or district eligible for
listing in the National Register of Historic Places as set forth in the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. §470(a) and imposes no greater
restrictions on antennas covered by this rule than are imposed on the installation,
maintenance or use of other modern appurtenances, dewces or fixtures that are
comparable in size, weight, and appearance to these antennas; and 3) it is no more
burdensome to affected antenna users than is necessary to achieve the objectives
stated herein; and
WHEREAS, it is the intent of the City to promote the health, safety and welfare
of its citizens and visitors; and
WHEREAS, the City, located in the Southeast region of Florida, is within an area
of the United States that is subject to a relatively greater risk from hurricanes than other
areas of the country and therefore has a legitimate interest in reducing the possibility of
human and property damage from windblown satellite dish antennas; and
WHEREAS, it is also a reasonable governmental responsibility for the City to
assure aesthetic compatibility.
Ordinance No. 98-__
Page 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Title: This Ordinance shall be entitled "Satellite Dish Ordinance"
and shall be an amendment to the City's Code of Ordinances.
Sec. 1. Definitions. For the purpose of this Ordinance, the
following terms and phrases shall apply:
A. "Antenna" means any device used for the receipt of video
programming services, including TVBS, MDS, DBS, ITFS and LMDS, and
MMDS. A reception antenna that has limited transmission capability
designed for the viewer to select or use video programming is a reception
antenna provided that it meets the Federal Communications Commission
standards for radio frequency emissions. A mast, cabling, or other
accessory necessary for the proper installation, maintenance, and use of
a reception antenna shall be considered part of the antenna. An
"antenna" within the meaning of this Ordinance expressly excludes any
device that comes within the definition of the term "Antenna" in the City
Code.
direct or
property
"Antenna User" means the person or entity that has a
indirect ownership interest in, and exclusive control over, the
upon which the antenna is located.
C. "Applicant" means any person submitting an application
within the meaning of this Ordinance.
D. "Application" means any proposal, submission or request
to install a satellite dish. An application includes an applicant's initial
proposal, submission or request, any and all subsequent amendments or
supplements of the proposal, relevant correspondence, and all written
and oral representations, and/or material made or provided to the City.
E. "Commission" or "FCC" shall mean the Federal
Communications Commission or any successor governmental entity
thereto.
F "Communications Act" means the Communications Act of
1934, 47 USC. §151 et seq., as the Act has and may hereinafter be
amended.
G. "Large Satellite Dish" means any satellite earth station
antenna that is not defined as a "Small Satellite Dish".
Ordinance No. 98-.._
Page 4
H. "Mast" means a structure to which an antenna is attached
that raises the antenna height.
I. "National Historic Preservation Act" means the National
Historic Preservation Act of 1966, 16 USC., §§470 et. seq., as the Act
has and may hereafter be amended.
J. "Permit" means the authorization expressly granted by the
City to an Antenna User to install an Antenna on the property wherein the
User has a direct or indirect ownership interest. The term does not
include any other authorization, including, but not limited to, a franchise,
license, or permit that may be covered by other laws, ordinances or
regulations of Federal, State, or any local government entity including
other laws or regulations of the City.
K. "Small Satellite Dish" means any receive-only satellite
earth station antenna that is two meters or less in diameter and located or
proposed to be located in any area where commercial or industrial uses
are generally permitted by non-federal land-use regulation, or a satellite
earth station antenna that is one meter or less in diameter in any area
regardless of land use or zoning category.
L. "Temporary" or "Moveable Dish" means an antenna
which is not anchored in the ground which is not affixed to a permanent
structure.
M. "City" means the City of Aventura, Florida.
N. "VSAT" means a commercial satellite service that may use
satellite antennae less that one meter in diameter but that is not used to
provide over-the-air- video programming.
Sec. 2. Purpose, and Intent. It is the purpose and intent of
this Ordinance to establish rules and regulations consistent with Federal
policy with respect to the installation, placement, maintenance and use of
satellite dishes designed for over-the-air reception of television broadcast
signals that (a) ensures that consumers have access to a broad range of
video programming services; (b) fosters full and fair competition among
different types of video programming services; (c) satisfy the City's
legitimate governmental interests in protecting lives and property and
promoting the public's safety, health and including, but not limited to (i)
reducing the likelihood that satellite dishes will become windblown
hurricane hazards and (ii) reducing crime and the opportunity for crime;
and (c) ensure compliance with all applicable Federal, State and local
Ordinance No. 98-__
Page 5
law, rules and regulations, including, but not limited to, the South Florida
Building Code.
Sec. 3.
Small Satellite Dish Re.qulation.
A. Small satellite dish antennas are subject to the following
requirements:
1. The satellite antenna installation shall require the
approval of the City Manager or his designee.
2. The approval of the City Manager or his designee is
contingent upon the compliance by the satellite antenna with the
regulations of the City.
3. Where the construction, connection or installation of
an antenna requires a permit under the South Florida Building Code (the
"Code"), a permit shall be obtained.
4. To avoid any possibility of delay with respect to the
deployment of an antenna, any person who wishes to install or have
installed an antenna may do so without the advance filing of an
application, the advance payment of the application fee and the filing and
obtaining in advance of a permit, as such are required in this Section;
provided, however, that the installer or the person for whom the antenna
is installed must provide written notice to the City within forty-eight (48)
hours after any such installation (exclusive of weekends and legal
holidays) reporting the facts of such installation (i.e., the address of the
installation, identity of the person responsible for the antenna at the
installation site and location of the antenna as installed). Failure to
provide such notice is a violation of this Section.
5. As soon as staff resources permit, the City will
inspect the installation to determine if it complies with the requirements of
this Section and the Code (if such Code is also applicable). Neither the
approval of the City Manager or his designee nor a permit under the
South Florida Building Code will be unreasonably withheld to delay
antenna deployment.
6. If an antenna is deployed in advance, but does not
comply with this Section, the Code or both in any respect, the City shall
not be responsible for any costs incurred in connection with any
alteration, modification, redeployment or reinstallation of an antenna in
order for it to achieve full compliance.
Ordinance No. 98-__
Page 6
7. Alternatively, the person who wishes to install an
antenna may file the application, pay the fee and obtain the permit, if one
is required, in advance of the installation.
8. If a satellite plan is in compliance with federal and
local rules, approval of the City Manager or his designee and a permit
under the Code will be issued within twenty (20) days of application,
absent exceptional circumstances.
9. Such permitting is no more burdensome than is
necessary to ensure public health and safety.
10. Review and approval shall be required on an annual
renewal basis and at such time the applicant shall be required to submit
photos of the antenna taken from the street and adjacent properties. This
is necessary to assure continued compliance and to keep the City
appraised of the status of satellite communications within the City.
B. The City Manager or his designee shall review all
installations and applications for small satellite antenna approvals for
such installations within twenty (20) days of receipt of applications, absent
exceptional circumstances, to determine that the installation meets the
following permit conditions:
1. The installation or modification of a satellite earth
station shall be in accordance with all applicable construction and safety
code and procedures and shall meet the requirements of the South
Florida Building Code.
2. No antenna shall be permitted in a front yard or on
the front part of any roof which runs parallel with the front property line,
except in the instance of corner lots where only one side will be
designated the front property line (the "front" shall be the same as the
street address of the property as assigned by the United States Post
Office).
3. Every reasonable effort must be made to locate the
antenna in a manner where it is effectively screened by a fence, near a
structure or near another protective barrier which will decrease the
likelihood of a broken or dislodged antenna becoming a windblown
hurricane hazard.
4. The City shall charge a ten dollar ($10.00)
administration fee for review of each application and installation. Such fee
shall be remitted with the application.
Ordinance No. 98-__
Page 7
5. No antenna installation shall ultimately be authorized
by the City Manager or his designee unless the fee has been paid and the
installation has been approved in writing and evidence of the issuance of
a permit is produced where required.
6. The antenna shall be ground-mounted or located on
the side of a structure as close to the ground as is reasonably possible.
7. Ground-mounted satellite earth stations shall conform
to the minimum setback requirements as are required for the principal
building on the building site pursuant to the South Florida Building Code
and any applicable City Zoning Code.
8. Ground-mounted satellite earth stations shall conform
to the minimum setback requirements from the waterway as required for
the principal building location on the property pursuant to the South
Florida Building Code and any applicable City Zoning Code.
9. Ground-mounted satellite earth stations shall conform
to minimum setback requirements from power lines which shall be, at
minimum, no less than eight (8) feet from any power line over 250 volts.
10. Except as provided in subparagraph D below, no
antenna shall be placed upon a roof area that is supported by trusses.
11. Each antenna and antenna installation shall be
required to be painted in a fashion so that it blends into the background
against which it is mounted.
12. Special Requirements for temporary or moveable
antennas. The provisions of this subsection (B) shall apply to "temporary
or moveable" dish or dish antennas. All temporary or moveable dish
antennas must be removed within six (6) months after a permit has been
issued absent the receipt of approval as provided by this subsection.
C. VSAT, is not within the purview of this ordinance because it
is not used to provide over-the-air video programming.
D. If, as a result of compliance with this Ordinance's
requirements as set forth above, reception is impaired, the cost to comply
is or would be unreasonable, or the installation may be unreasonably
delayed, the City Manager may approve plans which deviate from the
requirements of this Ordinance as follows (in order of the most acceptable
deviation to least):
Ordinance No. 98-__
Page 8
1. The following list enumerates the hierarchy of
deviations. The City Manager must deviate from requirement No. 1
before deviating from requirement No. 2, must deviate from requirements
Nos. 1 and 2 before deviating from requirement No. 3, must deviate from
requirements Nos. 1, 2 and 3 before deviating from requirement No. 4,
and must deviate from requirements Nos. 1, 2, 3 and 4 before deviating
from requirement No. 5.
2. The antenna shall not be located in a historic district
listed or eligible to be listed in the National Register of Historic Places, as
set forth in the National Historic Preservation Act of 1966.
3. The antenna shall be ground-mounted or located on
the side of a structure as close to the ground as is reasonably possible.
4. An antenna shall not be placed on a roof area which
is supported by trusses;
5. No antenna shall be permitted in a front yard area or
on the front part of any roof which runs parallel with the front property line,
except in the instance of corner lots where only one side will be
designated the front property line. The "front" shall be the same as the
street address of the property as assigned by the United States Post
Office.
6. Any deviation from the requirements of this
Ordinance must be justified, taking into consideration the location and
surrounding structures, fences, landscaping and other features.
E. 1. Rooftop installation of satellite dish or dish antennas
will only be permitted where (a) a City Building Official/Truss
Manufacturer approves the method of attachment proposed by the
applicant before the installation; (b) the antenna is anchored to the roof in
conformance with the requirements of the South Florida Building Code;
and (c) a professional engineer certifies as safe any infrastructure
improvements made to fortify the truss system or the truss system as
designed to which the antenna will be installed. Such certification must be
obtained, absent exceptional circumstances, within twenty (20) days of
installation.
2. The installation of any antenna structure mounted on
the roof of a building shall not be erected nearer to the lot line than the
total height of the antenna structure above the roof, nor shall such
Ordinance No. 98-__
Page 9
structure be erected near electric power lines or encroach upon any street
or other public space.
3. Antenna users must obtain a special permit as
described in Section F herein, in cases in which the antennas extend
more than twelve (12) feet above the roof line in order to receive signals.
F. Mast Installation.
1. Mast height may be no longer than absolutely
necessary to receive acceptable quality signals.
2. Masts that extend 12 feet or less beyond the roof line
may be installed subject to the regular notification process. Masts that
extend more than 12 feet above the roof line must be approved before
installation due to safety concerns posed by wind loads and the risk of
falling antennas and masts. Any application for a mast that extends more
than 12 feet above the roof-line must include a detailed description of the
structure and anchorage of the antenna and the mast, as well as an
explanation of the necessity for a mast higher than 12 feet. If this
installation will pose a safety hazard to City residents and visitors then the
City may prohibit such installation. The notice of rejection shall specify
these safety risks.
3. Masts must be installed by a licensed and insured
contractor.
4. Masts must be painted the appropriate color to match
their surroundings.
5. Masts installed on a roof shall not be installed nearer
to the lot line than the total height of the masts and antenna structure
(combined height) above the roof. The purpose of this regulation is to
protect persons and property that would be damaged if the mast were to
fall during a storm or from other causes.
6. Masts shall not be installed nearer to electric power
lines than the total height of the mast and antenna structure above the
roof. The purpose of this regulation is to avoid damage to electric power
lines if the mast should fall in a storm.
7. Masts shall not encroach upon another owner's lot or
common property.
Ordinance No. 98-__
Page 10
8. Masts installed on the ground must sustain a
minimum of 120 mph winds, or such speeds as otherwise provided in the
applicable Building and Zoning Codes.
G. Applicability. The regulations in this Ordinance shall be
applied in a nondiscriminatory manner to other appurtenances, devices
and fixtures that are comparable in size, weight and appearance to the
subject antennas and to which local regulations would normally apply.
Sec. 4. Larqe Satellite Dish Regulation. The provisions of
Section 3 shall apply to Large Satellite Dish Antennas. To the extent that
any provision of Section 3 (1) materially limits transmission or reception
by satellite earth station antennas, or (2) imposes more than minimal
costs on users of such antennas and to the extent that the City cannot
demonstrate that such regulation is reasonable, that provision shall not
apply.
Sec. 5. Existinq Antennas. All existing Antenna Users must
apply for all necessary permits and licenses within thirty (30) days of the
passage and adoption of the Ordinance.
Sec. 6.
Violation of Ordinance.
A. Violation of specified conditions and safeguards, when
made part of the terms under which the antenna is approved, or the
various provisions of this section, shall be deemed grounds for revocation
of permit and punishable as a violation of the Zoning Code.
B. A maximum fine of one hundred dollars ($100.00) per
violation may be imposed for any violation of this Section.
Sec. 7. Contact.
A. Both the City and the Antenna User shall provide one
another with the name and address of the contact designated to receive
notices, filings, reports, records, amendments, and other types of
correspondence or information that relate to administration and/or
enforcement of this Ordinance.
B. All notices affecting the legal rights of the parties and all
other filings, reports, records, documents and other types of
correspondence shall be in writing, and shall be deemed served when
delivered by hand or personal service, certified mail return receipt
requested, registered mail, or express delivery by the designated contact.
If such notice is not timely served, then parties shall follow State rules to
Ordinance No. 98-__
Page 11
determine the consequence of the non-timely service of notice, and the
rights and remedies of the affected parties.
Section 2. Repeal. That all ordinances or parts of ordinances (including
Miami-Dade County Code Section 33-63.1) inconsistent or in conflict herewith are
hereby repealed in so far as there is conflict or inconsistency.
Section 3. Severability. Should any section, paragraph, sentence, clause,
phrase or other part of this Ordinance be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this Ordinance as a whole or
any portion thereof, other than the part so declared to be invalid.
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 pad of
the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall become effective
immediately 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 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. Pedow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Ordinance No. 98-__
Page 12
PASSED AND ADOPTED on first reading this 3rd day of February, 1998.
PASSED AND ADOPTED on second reading this 17th day of February, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council t~e
Eric M. Soroka, Ci r
January 21, 1998 ~
Proposed Wireless Telecommunications Towers and
Antennas Ordinance
I Heaalng February 3, 1998 City Council Meeting Agenda Item
2nd Reading February 17, 1998 City Council Meeting Agenda Item'--~.~
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance, which
establishes regulations for wireless telecommunications towers, and antennas. This
Ordinance is necessary to protect the aesthetics of the community and required to
comply with the tower siting provisions of the Telecommunications Act of 1996.
BACKGROUND
The Telecommunications Act of 1996 was an attempt at the deregulation of the
telecommunications industry and provides for increased competition. It also provides
for the Federal regulation of wireless telecommunications. Attached is an overview of
the wireless communications topic prepared by our telecommunications legal counsel,
Leibowitz & Associates. The Act allows local governments to regulate the siting,
modification and removal of the telecommunications towers in their jurisdiction. The
telecommunications industry has filed numerous challenges opposing the local
governments' ability to regulate telecommunications towers. The Act provides that the
regulation of the towers by local government shall not unreasonably discriminate among
providers of functionally equivalent services and shall not prohibit or have the effect of
prohibiting the provision of personal wireless service.
In order to protect the City's ability to regulate tower sitings and comply with the
Telecommunications Act, our legal telecommunications counsel, Leibowitz &
Associates, P.A. has prepared the attached Ordinance for adoption by the City Council.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc0470-98
Tower Siting
Legal Considerations for Local Government
1. Local zoning requirements may not unreasonably discriminate among
wireless telecommunications providers that compete hgainst one another.
2. Local zoning requirements may not prohibit or have the effect of
prohibiting the provision of wireless telecommunications service.
3. A local government must act within a reasonable period of time on
requests for permission to place or construct wireless telecommunications
facilities. · ~
4. Any city or county council or zoning board decision denying a ret est for
pemfission to install vr construct wireless telecommunications faciliti¢ must
be in writing and mast be based on evidence in a written record befor~ the
council or board.
5. If a wireless telecommunications facility meets technical emissions
standards set by the FCC, it is presumed safe. A local government may not
deny a request to construct a facility on grounds that its radiofrequency
emissions would be hamtful to the environment or the health of residents if
those emissions meet FCC standards.
WIRELESS TELECOMMUNICATIONS SERVICES AND LOCAL
GOVERNMENTS
By its passage of The Telecommunications Act of 1996 (1996 Act)i,
Congress set in motion a tidal wave of change in the telecommunications
industry. Competition and de- regulation have become the catch words not
only of the industry itself but of the Federal Communications Commission
(FCC), the Federal agency charged with the oversight and implementation of
the 1996 Act. Gone are the cross-ownership restrictions that prohibited cable
and telephone companies from entedng each others' businesses as well as
the exclusive control the dominant telepi~one carriers in your jurisdiction had
to provide basic local exchange service over or its own network. The
auctioning by the Federal government of licenses for spectrum or for specific
authority for designated airwave use has also created a major influx of cellular
and personal communications service (PCS) providers clamoring to provide
wireless telecommunications to an ever increasingly mobile U.S. population.
Accordingly, local governments used to dealing with a single telephone
provider and perhaps one or two cable operators can realistically expect to
have to handle ever increasing demands for access to and use of the public
rights of way and/or public property for telecommunications purposes from a
variety of potential providers.
- A growing trend in the telephone industry, for example, is the increasing
demand for personal wireless services provided by cellular telephone,
personal communications services (PCS), other mobile radio services and
any other FCC licensed wireless common carrier. Such wireless telephone
services use poles to transmit signals in lieu of traditional wires and cables.
To implement a wireless system, providers must install monopoles, lattice
towers, stealth structures (structures designed to look like trees, church
steeples, etc.) and storage equipment facilities to send and receive radio
signals from one point to another through space.
Because of the different technologies involved in each service, different
types of antennas and transmission facilities may be also required for each
~The Telecommunications Act of 1996 (Pub. L. No. 104-104) was enacted on February 8,
1996, as an amendment to the Communications Act of 1934 (47 U.S.C. 151 et seq. )
of the wireless providers involved. The number of pole sitings requested in
a particular jurisdiction therefore may depend on the type of carrier, the
frequency the provider uses in its system, as well as the terrain and density
of population within a specific geographic area or "cell." Cellular antennas,
for example, are currently being placed approximately six to twelve miles
apart. Digital pager systems, however operate on a lower frequency than
cellular and therefore can send and receive communication signals at greater
distances, resulting in the need for fewer towers. Personal Communications
Services (PCS) providers, on the other hand, operate at a higher frequency
which means that towers must be placed even closer together (between one
and six miles apart) since the sending and receiving signals are weaker and
cannot travel as far in space as compared to the signals of cellular or digital
pager systems.
Currently, there are over 22,000 towers in the United States, providing
wireless telephone service to approximately 2.2 million customers. It is
projected by the industry that consumer demand for additional wireless
service as well as the advent of high definition TV required under the 1996
Act will only serve to bolster the demand for additional towers into the next
century. Local governments, as a result, will be faced with an increasing
number of applications from providers seeking to provide such services to
local communities. This present and growing demand will, in turn, necessitate
the need for local governments to continually reevaluate the provisions of its
land development or zones codes relating to the regulation of towers,
antennas and satellite dishes to ensure ongoing compliance with the
competitively neutral goals of the 1996 Act.
Section 253(c) of the 1996 Act specifically preserves the authority of
State and local governments to manage public rights-of-way and to require
that local governments receive fair and reasonable compensation for rights-
of-way use on a competitive, neutral, and nondiscriminatory basis from both
new entrants as well as incumbents. ~ also allows local governments to
regulate the siting, modification and removal of such towers within their
jurisdiction~ During the Senate floor debate on Section 253(c), Senator
Feinstein offered examples of the types of restrictions that Congress intended
to permit under section 253(c) including State and local legal requirements
that:
Requiring a company to place its facilities underground, rather than
overhead, consistent with the requirements imposed on other utility
companies
Regulating the time or location of excavation to preserve effective traffic
flow, prevent hazardous road conditions, or minimize notice impacts
Requiring a company to pay fees to recover an appropriate share of the
increased street repair and paving costs that result from repeated
excavation
Requiring a company to indemnify the City against any claims of injury
arising from the company's excavation.
A critical issue then for local governments in reexamining its local
regulations and ordinances is the need to balance the interests of the
community while ensuring that any modifications or new regulations adopted
do not have the effect of creating a barrier to entry for alternative providers
and, as a result, to competition. This authority, however, is not without
present challenge. After the passage of the 1996 Act, a number of local
jurisdictions elected to enact moratoriums on the processing of tower
applications so as to allow those jurisdictions time to evaluate what
modifications, if any, were necessary to comply with the 1996 Act.
Telecommunication providers subsequently challenged many of these local
laws across the country, asserting that they constituted barriers to competition
in violation of the 1996 Act. In the matter of Sj~iQ~pe~tmm v.~7,Jty~f
Medina, 924 F. Supp 1036 (1996), the Court did, however, hold that the City
of Medina's six-month moratorium on issuing permits for additional wireless
communications did not violate Section 704 of the 1996 Act. Recognizing the
short duration of the moratorium and that the City had intentions of acting on
all wireless tower siting applications, the Court upheld the City's right to issue
a moratorium to reorganize the tower siting provisions in its local ordinance.
It is important to note that this case was decided shortly after the enactment
of the 1996 Act and that subsequent court decisions have placed the viability
of such moratorium into question.2
2See Sprint Spectrum L.P.V. Jefferson County, 968 F. Supp. 1457 (N.D. Ala. 1997)
(Court found that the County Commission's third moratorium issued approximately fifteen
It must also be noted that the FCC is presently considering a Petition
for Declaratory Ruling filed by the Cellular Telecommunications Industry
Association (CTIA) asking the Commission to preempt moratoria regulation
imposed by state and local governments on siting of telecommunications
facilities. As part of their filing, the CTIA also sent a letter to the FCC listing
the names of the local governments that had zoning regulations the CTIA felt
were burdensome on wireless providers and represented a barder to access.
The FCC, in response, issued a letter to all the local govemments mentioned
in the CTIA letter enunciating to the parties the requirements of the 1996 Act
and suggesting compliance methods for the parties to follow. It has also
issued a Public Notice requesting additional comments on the preemption of
local moratoria of unlimited or unspecified duration. FCC action on this matter
is currently pending.
Other jurisdictions who have gone ahead and enacted ordinances and
laws to control and manage the numerous siting applications filed by wireless
telecommunications services providers to their respective local zoning
authorities have also found themselves subject to challenge in the courts. In
appealing local government decisions to deny a tower application, the
providers have consistently raised the issue of whether the government's
actions were consistent with the procedural and competitive requirements of
the 1996 Act. Local governments, therefore, must be careful not to enact
regulations which have the effect of favoring one carrier over another or which
create undue administrative or financial burdens. The decision to allow only
one tower within each quadrant of the city could, for example, effectively favor
pager providers over PCS providers, thus creating a barrier to competition in
violation of the 1996 Act.
Section 704 of the 1996 Act requires that a local government's decision
on a tower siting be made within a reasonable period of time based on
months after the passage of the 1996 Act violated the Act); Sprint Spectrum L.P.V. Town of
Farmington, F. Supp. (D. Conn. 1997), 1997 WL 631104 (12). Conn.). (Nine month
moratorium issued after plaintiWs tower application received was in violation of 47 U.S.C.
332(c) (7)(B) 11 and (B)(i)(I); Sprint Spectrum L.P.v. Town of West Seneca, 1997 WL 24253
(N.Y. Sup.) (Town's inaction on tower application violated the provisions of the 1996 Act
requiting action on applications within a reasonable time).
evidence in a written record. In We - ' ~.._Wa[~:zuQ~
566 N.W. 2d 107 (1996), the Court found that the 1996 Act does not require
any change in the factfinding procedures that local zoning authorities followed
pdor to the Act, for purposes of zoning requests for personal wireless service
facilities, besides specifying that decisions should be made timely and based
on the written record. For purposes of compliance, therefore, it seems
advisable that local governments should attempt to make decisions on tower
siting within the same time frame as non-telecommunications facilities. To
ensure the decision is based on the written record, localities should consider
taking the following steps:
Creating a standard application process, clearly outlining all
requirements.;
Transcribing all hearings on the application and including in the written
record staff's review and recommendations regarding the application.;
Producing a written decision based on documented records, testimony,
statistics and reports. (Denial based on hearsay or undocumented
health fears concerning Radio frequency emissions is prohibited under
the 1996 Act).
Not charging telecommunications companies excessive fees for
erecting a tower. (This may constitute a "discriminatory" or "excessive"
barrier to entry precluded by Section 253 of the 1996 Act).
The importance of a written record documenting the basis for local
government action, specifically in the area of tower sitings can not be
underestimated. In Western PCS II Corp.. ' ' ' g Authority
of the City'. and County of Santa Fe: 957 F.Supp 1230 (1997), for example, a
PCS company filed a petition for review of a Santa Fe zoning decision to deny
the company's request to mount wireless antenna to a water tank owned by
the county. The district court reviewing '.he matter found that the County had
failed to follow the Telecommunications Act's requirement of issuing a written
decision to deny. It further held that the City's denial was not supported by
substantial evidence. The Court cited the fact that the only basis given by the
council chairman for denial was that he did not hear "from a single resident
of this subdivision who wants the service" and he therefore concluded that the
residents of the neighboring subdivisions were of the opinion to oppose the
facility. Other courts have followed a similar trend in this area. 3
As demonstrated by the analysis provided above, the ability of local
governments to manage the public rights of way both now and in the future
will be a source of ongoing challenge by the telecommunications providers
who wish to utilize them . Buffeted by the often conflicting demand of
business versus the public interests, it is important for a local government
and its attorneys to keep apprised of the ongoing developments in this
continually evolving area of law.
NATIONAL WIRELESS TELECOMMUNCATIONS SITING
POLICY
47 U.S.C. SECTION 332 (c) (7) "Preservation Of Local
Zoning Authority"
GENERAL AUTHORITY Except as provided in this paragraph, nothing
in this Act shall limit or affect the authority of a State or local government
or instrumentality thereof over decisions regarding the placement,
construction, and modification of personal wireless service facilities.
LIMITATION - The regulation of the placement, construction, and
modification of personal wireless service facilities by any State or local
government or instrumentality thereof
a) Shall not unreasonably discriminate among providers of
functionally equivalent services; and
b) Shall not prohibit or have the effect of prohibiting the
provision of personal wireless service
A STATE OR LOCAL government or instrumentality thereof shall act on
any request for authorization place, contract, or modify personal wireless
service facilities within a reasonable period of time after the request is
duly filled with such government or instrumentality, taking into account
the nature and scope of such request.
ANY DECISION by a State or local government or instrumentality thereof
to deny a request to place, construct, or modify personal wireless service
facilities shall be in wiring and supported by substantial evidence
contained in a written record.
NO STATE OR LOCAL government or instrumentality thereof may
regulate the placement, construction, and modification of personal
wireless service facilities on the basis of the environmental effects of
radio frequency emissions to the extent that such facilities comply with
the Commission's regulations concerning such emissions.
ANY PERSON adversely affected by any final action or failure to act by
a State or local government or any instrumentality thereof that is
inconsistent with this subparagraph may, within 30 days after such action
or failure to act, commence an action in any court of competent
jurisdiction. The court shall hear and decide such action on an expedited
basis. Any person adversely affected by an act or any failure to act by
a State or local government or any instrumentality thereof that is
inconsistent with above may petition the Commission for relief.
DEFINITONS - For purpose of this paragraph..
a) PERSONAL WIRELESS SERVICES means commercial mobile
services, unlicensed wireless services, and common carrier wireless
exchange access services;
a) PERSONAL WIRELESS SERVICE FACILITIES means facilities for
the provision of personal wireless services; and
a) UNLICENSED WIRELESS SERVICE means the offering of
telecommunications services using duty authorized devices which do
not require individual licenses, but does not mean the provision of
direct-to-home satellite services.
TELECOMMUNICATIONS ACT OF 1996 {}253 Removal of
Barriers to Entry
1.IN GENERAL - No State or local statute or regulation, or other
State or local legal requirements, may prohibit or have the effect of
prohibiting the ability of any entity to provide any interstate or
intrastate telecommunication service.
2. STATE REGULATORY AUTHORITY - Nothing in this section shall
affect the ability of a State to impose, on a competitively neutral
basis and consistent with section 254, requirements necessary to
preserve and advance universal service, protect the public safety
and welfare, ensure the continued quality of telecommunications
services, and safeguard the rights of consumers.
o
STATE AND LOCAL GOVERNMENT AUTHORITY - Nothing in
this section affects the authority of a State or local government to
manage the public rights-of-way or to require fair and reasonable
compensation from telecommunications providers, on a
competitively neutral and nondiscriminatory basis, for use of
public rights-of-way on a nondiscriminatory basis, if the
compensation required is publicly disclosed by such government.
(This is the most critical issue facing the local government, the
creation of entry and use of public dghts of way on a neutral
nondiscriminatory basis, yet still protecting the local governments
public dghts of way.)
PREEMPTION - If after notice and an opportunity for public
comment, the Commission determined that a State or local
government has permitted or impossd any statute, regulation, or
legal requirement that violates subsection (a) or (b), the
Commission shall preempt the enforcement of such statute,
regulation, or legal requirements to the extent necessary to
correct such violation or inconsistency.
COMMERCIAL MOBILE SERVICE PROVIDERS - Nothing in this
section shall affect the application of section 332(c)(3) to
commercial mobile service providers.
RURAL MARKETS - It shall not be a violation of this section for a
State to require a telecommunications carrier that seeks to
provide telephone exchange service or exchange access in a
service area served by a rural telephone company to meet the
requirements in section 214(e)(1) for designation as an eligible
telecommunications carrier for that area before being permitted
to provide such service. This subsection shall not apply-
a. To a service area served by a rural telephone company
that has obtained an exemption, suspension, or
modification of section 251(c)(4) that effectively prevents a
competitor from meeting the requirements of section
214(e)(I); and
b. To a provider of commercial mobile services.
Tower Siting
Critical Issues for Local Government
Clustering vs. Separation
Co-location vs. Individual Facilities
Public Property vs. Private Property
Existing Structures vs. New Structures
Administrative Procedures
Revenue Requirements
Protections
· Engineering/Codes
· Inspections
· Signage
· Bonding/Insurance
Enforcement
GUYED TOWER
PCS TOWER & ANTENNA TYPES
LATTICE TOVVE R
MONO POLE
MONO POLE W/UNICELL SIMULATED PINE TREE
LIGHT STANDARD
STEALTH ANTENNAE BASE OF PINE TREE STEALTH ANTENNA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY
ADDING A NEW CHAPTER, ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS";
PROVIDING PURPOSE; PROVIDING DEFINITIONS;
PROVIDING APPLICABILITY; PROVIDING GENERAL
REQUIREMENTS AND MINIMUM STANDARDS;
PROVIDING PERMITTED USES ON PUBLIC PROPERTY;
PROVIDING PERMITTED USES ON PRIVATE
PROPERTY; PROVIDING SPECIAL EXCEPTION USE;
PROVIDING EQUIPMENT STORAGE; PROVIDING
REMOVAL OF ABANDONED ANTENNAS AND TOWERS;
PROVIDING NONCONFORMING USES; PROVIDING
PROTECTION FOR RESIDENTS; PROVIDING
PENALTIES; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the Congress of the United States adopted the Telecommunications
Act of 1996, providing federal regulation of wireless telecommunications, a technology
of wireless voice, video and data communications systems rapidly became available,
requiring land use facilities that impact planning and zoning concerns in the City of
Aventura ("City") and throughout the United States; and
WHEREAS, the City finds that it is in the public interest to permit the siting of
wireless telecommunications towers and antennas within its municipal boundaries, and
WHEREAS, the City has received and expects to receive additional requests
from telecommunications service providers to site wireless telecommunications towers
and antennas within the municipal boundaries and is authorized by federal, state and
local law to regulate the siting of such telecommunications towers and antennas; and
Ordinance No. 98-__
Page 2
WHEREAS, it is the intent of the City to provide reasonable accommodation to,
and to promote and encourage fair and reasonable competition among
telecommunications service providers or providers of functionally equivalent services
on a neutral and non-discriminatory basis; and
WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
locations in priority order of use, and, further, to develop the requirements and
standards to permit the siting of wireless telecommunications towers and antennas
within the municipal boundaries, with due consideration to the City's master plan,
zoning map, existing land uses and environmentally sensitive areas, including
hurricane preparedness areas, and
WHEREAS, through these regulated standards, it is the intent of the City to
protect and promote the health, safety and general welfare of its citizens and residents,
the traveling public and others in such manner that will minimize both the number of
telecommunications towers and antennas and the adverse visual impact and other
potential damage by these facilities by encouraging co-location and shared use of new
and pre-existing telecommunications facilities, through incentives, careful design,
engineering siting, landscape screening and innovative camouflaging techniques; and
WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City
Council has been designated as the local planning agency for the City pursuant to
Section 163.3174, Florida Statutes; and
WHEREAS, the City Council has reviewed the regulations set forth in this
Ordinance and has determined that such regulations are consistent with the applicable
Ordinance No. 98-__
Page 3
provisions of the Comprehensive Plan of Miami-Dade County as made applicable to the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Title. This Ordinance shall be entitled "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS Ordinance," and shall be an
amendment to the City's Code of Ordinances.
Section 2. Purpose. The regulations and requirements establish general
guidelines for the siting of wireless telecommunications towers and antennas and are
intended to accomplish the following purposes:
(a) protect and promote the public health, safety and general welfare of the residents of
the City;
(b) minimize residential areas and land uses from potential adverse impacts of towers
and antennas;
(c) encourage the location of towers in non-residential areas and to locate them, to the
extent possible, in areas where the adverse impact on the community is minimal;
(d) minimize the total number of towers throughout the community by strongly
encouraging the co-location of antennas on new and pre-existing tower sites as a
primary option rather than construction of additional single-use telecommunications
towers;
(e) encourage users of telecommunications towers and antennas to configure them in a
way that minimizes the adverse visual impact of the telecommunications towers and
Ordinance No. 98-
Page 4
antennas through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(f) minimize potential damage to property from telecommunications towers and
telecommunications facilities by requiring such structures be soundly designed,
constructed, modified and maintained; and
(g) enhance the ability of the providers of telecommunications services to provide such
services to the community through an efficient and timely application process. In
furtherance of these goals, the City shall at all times give due consideration to the
City's master plan, comprehensive plan, zoning map, existing land uses, and
environmentally sensitive areas, including hurricane preparedness areas, in
approving sites for the location of telecommunications towers and antennas.
Section 3. Definitions. As used in this Ordinance, the following terms shall
have the meanings set forth below, and shall control over any other definitions
contained in the City's Code of Ordinances:
A. "Accessory Use" means a secondary use including a use that is related
to, incidental to, subordinate to and subservient to the main use of the property on
which an antenna and/or telecommunications tower is sited.
B. "Alternative Tower Structure" means a design mounting structure that
camouflages or conceals the presence of an antenna or telecommunications tower.
For example, man made trees, clock towers, bell steeples, light poles, utility poles and
similar alternative designs. An antenna mounted on a utility pole shall be subject to all
requirements as stated in this Ordinance.
Ordinance No. 98-__
Page 5
C. "Antenna" means a transmitting and/or receiving device mounted on a
telecommunications tower, building or structure and used in telecommunications
[personal wireless] services that radiates or captures electromagnetic waves, digital
signals, analog signals, radio frequencies, wireless communications signals and other
communications signals including directional antennas such as panel and microwave
dish antennas, and omni-directional antennas such as whips, but excluding radar
antennas, amateur radio antennas and satellite earth stations.
D. "Backhaul Network" means the lines that connect a provider's
telecommunications towers/cell sites to one or more cellular telephone switching
offices, and/or long distance providers, or the public switched telephone network.
E. "Broadcasting Facility" means any telecommunications tower built
primarily for the purpose of broadcasting AM, FM or television signals.
F. "Essential Service" means those services provided by the City and other
governmental entities that directly relate to the health and safety of its residents,
including fire, police and rescue.
G. "Extraordinary Conditions" means subsequent to a hurricane, flood, or
other
natural hazard or subsequent to a defective finding on a previous inspection.
H. "FAA" means the Federal Aviation Administration.
I. "Fair Market Value" means the price at which a willing seller, or
telecommunications tower owner, and willing buyer, or service provider seeking to rent
space on owner's telecommunications tower, will trade.
J. "FCC" means the Federal Communications Commission.
Ordinance No. 98-
Page 6
K. "Guyed Tower" means a telecommunications tower that is supported, in
whole or in part, by guy wires and ground anchors.
L. "Height" when referring to a telecommunications tower or other related
structure, means the vertical distance measured from the finished grade of the parcel to
the highest point on the telecommunications tower or other related structure, including
the base pad and any antenna.
M. "Microwave Dish Antenna" means a dish-like antenna used to link
telecommunications [personal wireless service] sites together by wireless transmission
and/or receipt of voice or data.
N. "Monopole Tower" means a telecommunications tower consisting of a
single pole or spire self-supported on a permanent foundation, constructed without guy
wires, ground anchors, or other supports.
O. "Lattice Tower" means a telecommunications tower that is constructed
to be self-supporting by lattice type supports and without the use of guy wires or other
supports.
P. "Pre-Existing Towers and Pre-Existing Antennas" means any
telecommunications tower or antenna for which a building permit or special use permit
has been properly issued prior to the effective date of this Ordinance, including
permitted telecommunications towers or antennas that have not yet been constructed
so long as such approval is current and not expired.
Q. "State of the Art" means existing technology where the level of facilities,
technical performance, capacity, equipment, components and service are equal to that
Ordinance No. 98-
Page 7
developed and demonstrated to be more technologically advanced than generally
available for comparable service areas in South Florida.
R. "Stealth Facility" means any telecommunications facility which is
designed to blend into the surrounding environment. Examples of such facilities would
include, but not be limited to, architecturally screened roof mounted antennae, building-
mounted antennae painted to match the existing structure, antennae integrated into
architectural elements, and telecommunications towers designed to look like light
poles, power poles, or trees.
S "Telecommunications Facility" means a facility that is used to provide
one or more telecommunications services, including, without limitation, radio
transmitting telecommunications towers, other supporting structures, and associated
facilities used to transmit telecommunications signals. An open video system is not a
telecommunications facility to the extent that it provides only video services; a cable
system is not a telecommunications facility to the extent that it provides only cable
service.
T. "Telecommunications Services" means the offering of
telecommunication (or the transmission, between or among points, specified by the
user of information of the user's choosing, without change in the form or content of the
information as sent and received), for a fee dlrectly to the public, or to such classes of
users as to be effectively available directly to the public, regardless of the facilities
used. Personal wireless communication services shall not be considered as essential
services, public utilities or private utilities.
Ordinance No.
Page 8
U. "Telecommunications Tower" means any structure, and support
thereto, designed and constructed primarily for the purpose of supporting one or more
antennas intended for transmitting or receiving personal wireless services, telephone,
radio and similar communication purposes, including lattice, monopole and guyed
telecommunications towers. The term includes radio and television transmission
telecommunications towers, microwave telecommunications towers, common-carrier
telecommunications towers, cellular telephone telecommunications towers, alternative
telecommunications tower structures, among others.
V. "Whip Antenna" means a cylindrical antenna that transmits signals in
360 degrees.
Section 4.
A New
telecommunications
ADDlicabilitv.
Telecommunications
towers or antennas
Towers and Antennas. All new
in the City shall be subject to these
regulations, except as provided in Sections 4(B) through (C), inclusive.
B. Broadcasting Facilities/Amateur Radio Station Operators/Receive Only
Antennas. This Ordinance shall not govern any telecommunications tower, or the
installation of any antenna, that is for the use of a broadcasting facility or is owned and
operated by a federally-licensed amateur radio station operator or is used exclusively
for receive only antennas.
C. Preexisting Telecommunications Towers or Antennas. Pre-existing
telecommunications towers and pre-existing antennas shall not be required to meet the
requirements of this Ordinance, other than the requirements of Sections 5(J), 5(K) and
5(T).
Ordinance No. 98-__
Page 9
Section 5. General Requirements/Minimum Standards.
Applicants regulated by this Ordinance may request a pre-application
conference with the City. Such request shall be submitted with a non-refundable fee of
Five Hundred Dollars ($500.00) to reimburse the City for the cost and fees incurred by
the conference. Every new telecommunications tower and antenna shall be subject to
the following minimum standards:
A. Lease Required. Any construction, installation or placement of a
telecommunications facility on any property owned, leased or otherwise controlled by
the City shall require a Lease Agreement executed by the City and the owner of the
facility.
The City may require, as a condition of entering into a Lease Agreement with a
telecommunications service provider, the dedication of space on the facility for public
health and safety purposes, as well as property improvement on the leased space. Any
dedications and improvements shall be negotiated prior to execution of the lease.
B. Principal or Accessory Use. Antennas and towers may be
considered either principal or accessory uses. A different existing use of an existing
structure on the same lot shall not preclude the installation of an antenna or
telecommunications tower on such lot.
C. Lot Size. For purposes of determining whether the installation of a
telecommunications tower or antenna complies with the City zoning provisions,
including, but not limited to, setback requirements, lot coverage requirements, and
other such requirements, the dimensions of the entire lot shall control, even though the
antenna or telecommunications tower may be located on leased parcels within such lot.
Ordinance No. 98-__
Page 10
D. Inventory of Existing Sites.
1. Each applicant shall review the City's inventory of existing
telecommunications towers, antennas, and approved sites. All requests for sites shall
include specific information about the proposed location, height, and design of the
proposed telecommunications tower. No new telecommunications tower shall be
permitted unless the applicant demonstrates to the reasonable satisfaction of the City
that no existing telecommunications tower, structure or state of the art technology that
does not require the use of new telecommunications towers or new structures can
accommodate, or be modified to accommodate, the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing telecommunications tower,
structure or state of the art technology is suitable shall consist of any of the following:
a. An affidavit demonstrating that the applicant made diligent
efforts for permission to install or collocate the applicant's telecommunications facilities
on City owned telecommunications towers or usable antenna support located within a
one-half (1/2) mile radius of the proposed telecommunications tower site.
b. An affidavit demonstrating that the applicant made diligent
efforts to install or collocate the applicant's telecommunications facilities on towers or
useable antenna support structures owned by other persons located within a one-half
(1/2) mile radius of the proposed telecommunications tower site.
c. An affidavit demonstrating that existing towers or structures
located within the geographic search area as determined by a radio frequency engineer
do not have the capacity to provide reasonable technical service consistent with the
applicant's technical system, including but not limited to, applicable FCC requirements.
Ordinance No. 98-
Page 11
d. Existing towers or structures are not of sufficient height to
meet applicable FCC requirements.
e. Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
f. The applicant's proposed antenna would cause
electromagnetic/radio frequency interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
g. The fees, costs, or contractual provisions required by the
owner in order to share an existing telecommunications tower or structure or to adapt
an existing telecommunications tower or structure for sharing are unreasonable. Costs
telecommunications tower development are presumed to be
exceeding new
unreasonable.
h. The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
i. The applicant demonstrates that state of the art technology
used in the wireless telecommunications business and within the scope of applicant's
FCC license, is unsuitable. Costs of state of the art technology that exceed new
telecommunications tower or antenna devel,~pment shall not by itself be presumed to
render the technology unsuitable.
2. The City may share such information with other applicants applying for a
permitted use on private property and special exception use under this Ordinance or
other organizations seeking to locate antennas within the jurisdiction of the City
Ordinance No. 98-__
Page 12
provided, however, that the City is not, by sharing such information, in any way
representing or warranting that such information is accurate or that such sites are
available or suitable.
E. Engineering Report.
1. All applicants for new telecommunications towers and pre-existing
telecommunications towers which are modified or reconstructed to accommodate
additional antennas shall submit a written report certified by a professional engineer
licensed to practice in the State of Florida. The report shall include:
a) The applicable standards of site plan review, drawn to scale,
including without limitation, a legal description of the parent tract and leased parcel, if
applicable, on-site and adjacent land uses, Master Plan classification of the site, a
visual impact analysis and photo digitalization of the telecommunications tower and all
attachments including associated buildings and equipment containers at the property
line, as well as at a distance of 250 feet and 500 feet from all properties within that
range, or at other points agreed upon in a pre-application conference.
b) If applicable, a narrative of why the proposed
telecommunications tower cannot comply with the requirements as stated in this
Section.
c)
d)
Type of telecommunications tower and specifics of design.
Current wind-loading capacity and a projection of wind-
loading capacity using different types of antennas as contemplated by the applicant.
No telecommunications tower shall be permitted to exceed its wind loading capacity as
provided for by the South Florida Building Code.
Ordinance No. 98-
Page 13
e) A statement that the proposed telecommunications tower,
including reception and transmission functions, will not interfere with the visual and
customary transmission or reception of radio, television or similar services as well as
other wireless services enjoyed by adjacent residential and [~on-residential properties.
f) A statement of compliance with all applicable Building
Codes, associated regulations and safety standards as provided in Section 5(M)
herein. For all towers attached to existing structures, the statement shall include
certification that the structure can support the load superimposed from the
telecommunications tower. Except where provided in Section 7(B), all towers shall
have the capacity to permit multiple users; at a minimum, monopole towers shall be
able to accommodate two (2) users and, at a minimum, self-support/lattice or guyed
towers shall be able to accommodate three (3) users.
g) Any additional information deemed by the City to be
necessary to assess compliance with this Ordinance.
F. Co-Location. Pursuant to the intent of this Ordinance, co-location of
telecommunication antennas by more than one
provider on existing
the construction of new
required in subsection D of this section, each application shall include a written report
certified by a professional engineer licensed to practice in the State of Florida, stating:
1) the geographical service area requirements; 2) mechanical or electrical
incompatibility; 3) any restrictions or limitations of the Federal Communications
Commission that would preclude the shared use of the telecommunications tower; and
telecommunications towers shall take precedence over
telecommunication towers. Accordingly, in addition to submitting the information
Ordinance No. 98-._
Page 14
4) any additional information required by the City. If the City does not accept the full
evaluation as provided as accurate, or if the City disagrees with any part of the
evaluation, the time in which an application is processed pursuant to this Ordinance
shall be tolled pending further evaluation.
G. Co-Location Incentive. Pursuant to the intent of this Ordinance, the City
shall provide the following incentive to service providers:
1. The review of all applications submitted by providers seeking to co-
locate on a pre-existing telecommunications tower or to rent space on a proposed new
telecommunications tower, shall be completed by the City no more than thirty (30) days
following the filing of a completed application as provided in this Ordinance.
H. Aesthetics. Towers and antennas shall meet the following requirements:
1. Towers shall either maintain a galvanized steel finish or, subject to
any applicable standards of the FAA, be painted a neutral color so as to reduce visual
obtrusiveness.
2. At a telecommunications tower site, the design of the buildings and
related associated ancillary structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them into the natural setting
and surrounding buildings to minimize the visual impact.
3. All telecommunications tower sites must comply with any
landscaping requirements of the City Code and all other applicable aesthetic and safety
requirements of the City, and the City may require landscaping in excess of those
requirements in order to enhance compatibility with adjacent residential and non-
residential land uses. All landscaping shall be properly maintained to ensure good
Ordinance No. 98-
Page 15
health and viability at the owners expense. Telecommunications tower facilities shall
be landscaped with a buffer of plant materials that effectively screens the view of the
telecommunications tower compound consisting of the telecommunications tower and
antennas, backhaul network and any structure or equipment cabinet, from property
used for residences. The standard buffer shall consist of a landscaped strip at least
five (5) feet wide outside the perimeter of the compound. In locations where the visual
impact of the telecommunications tower would be minimal, the landscaping requirement
may be reduced or waived by the City Manager or his designee. Existing mature tree
growth and natural land forms on the site shall be preserved to the maximum extent
possible. In some cases, as determined by the City Manager or his designee, such as
towers sited on large, wooded lots, natural growth around the property perimeter may
be sufficient buffer.
4. If an antenna is installed on a structure other than a
telecommunications tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely compatible with, the
color of the supporting structure so as to make the antenna and related equipment as
visually unobtrusive as possible.
I. Liqhtin.q. No signals, artificial lights, or illumination shall be permitted on
any antenna or telecommunications tower unless required by the FAA or other
applicable authority. If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to the surrounding views.
J. Setbacks. Towers must be set back a minimum distance of 110% of the
height of the telecommunications tower from the property line.
Ordinance No. 98-__
Page 16
K. Separation. Any telecommunications tower shall be separated from any
other telecommunications tower by a distance of no less than one (1) mile as measured
by a straight line between the bases of the towers.
L. Height. Telecommunications towers shall not be constructed at any
heights in excess of those provided below:
(1) for a single user, up to ninety (90) feet in height;
(2) for two users, up to one hundred twenty (120) feet in height;
(3) for three or more users, up to one hundred fifty (150) feet in height;
(4) for the purpose of determining compliance with all requirements of
this section, measurement of telecommunications tower height shall include the
telecommunications tower structure itself, the base pad, and any other
telecommunications facilities attached thereto which extend more than twenty (20) feet
over the top of the telecommunications tower structure itself. Telecommunications
tower height shall be measured from grade.
M. Local, State or Federal Requirements. The construction, operation and
repair of telecommunications facilities are subject to the regulatory supervision of the
City, and shall be performed in compliance with all laws, ordinances and practices
affecting such system including, but not limited to, zoning codes, building codes, and
safety codes, and as provided in Section 5 (J) and (K). The construction, operation
and repair shall be performed in a manner consistent with applicable industry
standards, including the Electronic Industries Association. All telecommunication
towers and antennas must meet or exceed current standards and regulations of the
FAA, the FCC, including emissions standards, and any other agency of the local, state
Ordinance No. 98-~
Page 17
or federal government with the authority to regulate towers and antennas prior to
issuance of a building permit by the City. If such applicable standards and regulations
require retroactive application, then the owners of the telecommunications towers and
antennas governed by this Ordinance shall bring such towers and antennas into
compliance with such revised standards and regulations within six (6) months of the
effective date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure to bring
towers and antennas into compliance with such revised standards and regulations shall
constitute grounds for the removal of the telecommunications tower or antenna at the
owner's expense.
N.
1.
Building Codes; Safety Standards.
To ensure the structural integrity of telecommunications towers
installed, the owner shall construct and maintain the telecommunications tower in
compliance with the South Florida Building Code, and all other applicable codes and
standards, as amended from time to time. A statement shall be submitted to the City by
a professional engineer certifying compliance with this subsection upon completion of
construction and/or subsequent modification. Where a preexisting structure, including
light and power poles, is requested as a stealth facility, the facility, and all modifications
thereof, shall comply with all requirements as provided in this Ordinance. Following the
issuance of a building permit, the City shall require the owner to provide a professional
analysis of a soil sample from the base of the telecommunications tower site to assure
integrity of the foundation.
Ordinance No. 98-
Page 18
2. The City reserves the right to conduct periodic inspection of
telecommunications towers to ensure structural and electrical integrity. If, upon
inspection, the City concludes that a telecommunications tower fails to comply with
such codes and standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the telecommunications tower, the owner shall
have no more than thirty (30) days to bring such telecommunications tower into
compliance with such standards. Failure to bring such telecommunications tower into
compliance within thirty (30) days shall constitute grounds for the removal of the
telecommunications tower or antenna at the owner's expense.
O. Warnin,q Si.qns. Notwithstanding any contrary provisions of the City's
Code, the following shall be utilized in connection with any telecommunications tower
or antenna site, as applicable.
1. If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH VOLTAGE--DANGER"
warning signs shall be permanently attached to the fence or wall surrounding the
structure and spaced no more than forty (40) feet apart.
2. "NO TRESPASSING" warning signs shall be permanently attached
to the fence or wall and spaced no more than forty (40) feet apart.
3. The height of the lettering of the warning signs shall be at least
twelve (12) inches in height. The warning signs shall be installed at least five (5) feet
· above the finished grade.
4. The warning signs may be attached to free standing poles if the
content of the signs may be obstructed by landscaping.
Ordinance No. 98-__
Page 19
P. Security Fencin,q. Telecommunications towers and the accessory
building(s) and/or equipment associated therewith shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an appropriate anti-
climbing device; provided however, that the City may waive such requirements.
Q. Measurement. For purposes of measurement, telecommunications tower
setbacks and separation distances shall be calculated and applied to facilities located
in the City irrespective of municipal and county jurisdictional boundaries.
R. Not Essential Services. Telecommunications towers and antennas shall
be regulated and permitted pursuant to this Ordinance and shall not be regulated or
permitted as essential services, public utilities, or private utilities.
S. Franchises/Licenses. Owners and/or operators of towers or antennas
shall certify that all franchises/licenses required by law for the construction and/or
operation of a wireless communication system in the City have been obtained and shall
file a copy of all required franchises/licenses with the City.
T. Public Notice. For purposes of this Chapter and notwithstanding any
other requirements with regard to public notice in the City's Code, any request for a
special exception use on private property shall require a public hearing that shall be
advertised at least seven (7) days before the public hearing in a newspaper of general
circulation and readership in the municipality A courtesy notice shall also be mailed to
all affected property owners within 300 feet of the subject property prior to the public
hearing. The property shall also be posted with a sign in accordance with the City's
zoning provisions. If approved, the owner of any telecommunications tower approved
for shared use shall provide notice of the location of the telecommunications tower and
Ordinance No. 98-__
Page 20
the tower's load capacity to all other providers regulated by this Ordinance. All costs
related to the public notice shall be paid by the applicant.
U. Signs. No signs, including commercial advertising, logo, political signs,
flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any
part of an antenna or telecommunications tower.
V. Buildings and Support Equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements of Section 9
below.
W. Inspections; Reports; Fees.
1. Telecommunications tower owners shall submit a report to the City
certifying structural and electrical integrity every two years. The report shall be
accompanied by a non-refundable fee of Two Hundred Dollars ($200.00) to reimburse
the City for the cost of review.
2. The City may conduct periodic inspection of telecommunications
towers, at the owner's expense, to ensure structural and electrical integrity and
compliance with the provisions of this Ordinance. The owner of the
telecommunications tower may be required by the City to have more frequent
inspections should there be an emergency, extraordinary conditions or other reason to
believe that the structural and electrical integrity of the telecommunications tower is
jeopardized. There shall be a maximum of one inspection per year unless emergency
or extraordinary conditions warrant.
Section 6. Permitted Uses on Public Property.
Ordinance No. 98-__
Page 21
A. General.
telecommunications antennas and towers located
otherwise controlled as specified in Section 5(A)
The uses listed in this Section apply specifically to all wireless
on property owned, leased, or
by the City, provided a lease
agreement pursuant to Section 5(A) has been approved by the City. The City reserves
the right to modify or waive the requirements for use on public property, but shall not be
required to provide access to City property. A determination whether to grant or deny a
waiver request shall be made in accordance with standards to be adopted by
administrative regulation of the City.
B. Uses. All applicants for use in this Section shall first submit a letter of
intent and all other information as stated in Section 5 herein to the City Manager's
office, which shall be reviewed within thirty (30) days from the submission of a
completed application. The City Manager is authorized to execute lease agreements
and waive requirements as provided in Section 5 on behalf of the City. The uses
permitted under this Section are as follows:
1. Rooftop Mounted Telecommunications Towers and Antennas.
a. The height, including support structures, shall not extend
more than thirty (30) feet above the average height of the roof line;
upon adjacent properties;
C.
located on a single lot or single building site;
d. Rooftop telecommunications towers
Screening shall be required to minimize the visual impact
No more than one (1) telecommunications tower shall be
shall not adversely
affect adjacent properties.
Ordinance No. 98-
Page 22
2. Telecommunications towers and/or antennas constructed pursuant
to this Section shall be exempt from the minimum distances from residential zoning
districts as provided in Section 8 below.
3. No lease granted under this Section shall convey any exclusive
right, privilege, permit or franchise to occupy or use the public lands of the city for
delivery of telecommunications services or any other purpose.
4. No lease granted under this Section shall convey any right, title or
interest in the public lands other than a leasehold interest, but shall be deemed only to
allow the use of the public lands for the limited purposes and term stated in the lease.
No lease shall be construed as a conveyance of a title interest in the property.
Section 7. Permitted Uses on Private Property.
A. General. The uses listed in this Section apply to all wireless
telecommunications antennas and telecommunications towers located on private
property. The following provisions shall govern the issuance of approval by the City
pursuant to this Section:
1. Each applicant shall apply to the City for a permit providing the
information as set forth in Sections 5 and 8 of this Ordinance, and a nonrefundable fee
of Fifteen Hundred Dollars ($1,500.00) to reimburse the City for the costs of reviewing
the application.
2. The City shall review the application and determine if the proposed
use complies with applicable Sections of this Ordinance.
3. The City shall respond to each such application within the time
dictated by the nature and scope of the individual request, subject to the generally
Ordinance No. 98-__
Page 23
applicable time frames
and pursuant to the intent of Section 704 of the
Telecommunications Act of 1996, but in no event more than thirty (30) days for
administrative zoning decisions.
a reasonable period of time.
4.
the use of
Building permit applications shall be processed within
In connection with any such approval, the City may, to encourage
monopoles towers, allow the reconstruction of an existing
telecommunications tower to monopole construction. The reconstruction shall, at all
times, comply with the standards and requirements of this Ordinance.
5. If an application pursuant to this Section is denied, the applicant
shall file an application for a special exception use permit pursuant to Section 8.
B. Uses. The following uses may be approved by the City Manager or his
designee after conducting an administrative review:
1. Antennas on Pre-Existing Structures.
a. Any antenna which is not attached to a pre-existing
telecommunications tower may be approved by the City as an accessory use to any
commercial, industrial, professional, institutional, or multi-family structure of eight or
more dwelling units, provided:
i. The antenna does not extend more than thirty (30)
feet above the highest point of the structure;
ii. The antenna complies with all applicable FCC and
FAA regulations and all applicable building codes; and
iii. To minimize adverse visual impacts, antennas shall
be selected based upon the following priority; (1) any stealthed antenna; (2) panel; (3)
Ordinance No. 98-__
Page 24
whip; and (4) dish. The applicant shall demonstrate, in a manner acceptable to the
City, why each choice cannot be used for a particular application if that choice is not
the top priority.
2. Antennas on Pre-Existing Telecommunications Towers.
a) An antenna which is attached to a pre-existing
telecommunications tower may be approved by the City provided such co-location is
accomplished in a manner consistent with the following:
i. A telecommunications tower which is modified or
reconstructed to accommodate the co-location of an additional antenna shall be of the
same telecommunications tower type as the existing telecommunications tower, unless
the City allows reconstruction as a monopole pursuant to this Section.
ii. Height
(a) An existing telecommunications tower may be
modified or rebuilt to a taller height, to accommodate the co-location of an additional
antenna(s), only if the modification or reconstruction is in full compliance with this
Ordinance. This provision shall include utility and powerpoles.
(b) The additional height referred to in subsection
(ii)(a) above shall not require an additional distance separation as set forth in Section
8. The tower's premodification height shall be used to calculate such distance
separations.
iii. Onsite location
Ordinance No. 98-
Page 25
(a) A telecommunications tower which is being
rebuilt to accommodate the co-location of an additional antenna may be moved onsite
within fifty (50) feet of its existing location.
(b) After the telecommunications tower is rebuilt to
accommodate co-location, only one telecommunications tower may remain on the site.
(c) ^ relocated onsite telecommunications tower
shall continue to be measured from the original telecommunications tower location for
purposes of calculating separation distances between towers pursuant to Sections 5(K)
and 8(C)(2). The relocation of a telecommunications tower shall in no way be deemed
to cause a violation of Sections 5(K) and 8(C)(2).
iw Microwave dish antennas located less than sixty-five
(65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish
antennas located sixty-five (65) feet and higher above the ground may not exceed eight
(8) feet in diameter. Ground-mounted dish antennas must be located or screened so
as not to be visible from abutting public streets.
3. Alternative Telecommunications Tower Structure. Locating an alternative
telecommunications tower structure in an IU-1, IU-2 and BU-2 zoning district that is in
conformity with the goals set forth in Section 2 of this Ordinance.
4. Cable Microcell Network. Installing a cable microcell network through the
use of multiple Iow-powered transmitters/receivers attached to existing wireline
systems, such as conventional cable or telephone wires, or similar technology that
does not require the use of towers.
Section 8. Special Exception Use.
Ordinance No. 98-__
Page 26
A. General. The provisions listed in this Section apply only where an
application for the construction of a telecommunications tower or the placement of an
antenna in a zoning district does not meet the criteria for approval as provided in
Sections 5, 6 or 7 of this Ordinance. An applicant for a special exception use permit
shall submit information described in Section 5 and the City's Code of Ordinances and
any other reasonable information the City may require. The following provisions shall
govern the issuance for Special Exception Use permits:
1. Compliance with the procedures and requirements of Special
Exception Uses as stated in the City's Code of Ordinances, including the zoning
provisions, and as required in this Section.
2. In granting a permit, the City may impose conditions to the extent
the City concludes such conditions are necessary to minimize any adverse effect of the
proposed telecommunications tower or antenna on adjoining properties or to satisfy the
special exception criteria.
3. Any
submits, whether civil,
professional engineer.
information of an engineering nature that the applicant
mechanical, or electrical, shall be certified by a licensed
4. A non-refundable fee of Five Hundred Dollars ($500.00) to
reimburse the City for the costs of reviewing the application, in addition to all other
applicable fees required by the City.
B. Setbacks. Notwithstanding any contrary provision of the City's zoning
regulations, the following setback requirements shall apply to all telecommunications
towers for which a permit under this Section is required:
Ordinance No. 98-~
Page 27
1. Towers must be set back a minimum distance of 110% of the
height of the telecommunications tower from the property line.
2. The base of any guys and accessory buildings must satisfy the
minimum zoning district setback requirements with reference to special exception use,
but not to include reference to rights-of-way controlled by the City.
C. Separation. The following separation requirements shall apply to all
telecommunications towers and antennas for which a special exception use permit is
required:
1.
Separation from off-site uses/designated areas.
a. telecommunications tower separation shall be measured
from the base of the telecommunications tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided in Table 1.
b. Separation requirements for towers shall comply with the
minimum standards established in Table 1.
2. The separation distance from other towers described in the
inventory of existing sites submitted pursuant to Section 5(D) shall be shown on an
updated site plan or map. The applicant shall also identify the type of construction of
the existing telecommunications tower(s) and the ownedoperator of the existing
telecommunications tower(s), if known.
Ordinance No. 98-__
Page 28
Table 1:
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units1 500 feet or 300% height of
lelecommunications tower whichever is
reater
Vacant single-family or duplex residentially 500 feet or 300% height of
,_oned land :elecommunications tower~ whichever is
reater
-_-xisting multi-family residential units 100 feet or 100% height of
"eater than duplex units :elecommunications tower whichever is
reater
~lon-residentially zoned lands or non- ~lone; only setbacks apply
· esidential uses
~lncludes modular homes and mobile homes used for living purposes.
2Separation measured from base of telecommunications tower to closest building
setback line.
3. Separation distances between telecommunications towers.
(a) Separation distances between telecommunications
towers shall be applicable for and measured between the proposed
telecommunications tower and pre-existing towers. The separation distances shall be
measured by drawing or following a straight line between the base of the pre-existing
telecommunications tower and the proposed base, pursuant to a site plan, of the
proposed telecommunications tower. The separation distance shall be a minimum of
one (1) mile, regardless of type of towers.
D. Factors Considered in Granting Special Exception Permits for Towers. In
addition to any standards for consideration of permit applications pursuant to the City's
Code of Ordinances, including the zoning regulations, the City shall consider the
following factors in determining whether to issue a permit:
Ordinance No. 98-__
Page 29
Availability of suitable existing telecommunications towers,
other structures, or state of the art technologies not requiring the use of towers or
structures.
b.
C.
Height of the proposed telecommunications tower;
The setback and separation distances between the
proposed telecommunications tower and the nearest residential units or residentially
zoned properties.
d. Proximity of the telecommunications tower to residential
structures and residential district boundaries;
e. Nature of uses on adjacent and nearby properties;
f. Surrounding topography;
g. Surrounding tree coverage and foliage;
h. Design of the telecommunications tower, with particular
reference to design characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
i. Proposed ingress and egress.
Section 9. Buildinqs or Other Equipment Facilities.
The following standards shall apply:
A. Antennas Mounted on Structures or Rooftops. The equipment
cabinet or structure used in association with antennas shall comply with all of the
following:
1.
square feet of gross floor area or be more than 80 inches in height.
The cabinet or structure shall not contain more than 300
In addition, for
Ordinance No. 98-__
Page 30
buildings and structures which are less than four (4) stories in height, the related
unmanned equipment structure, if over 100 square feet of gross floor area or 3 feet in
height, shall be located on the ground and shall not be located on the roof of the
structure unless the building or structure is completely screened from sight pursuant to
the requirements of Section 5(H).
2. If the equipment structure is located on the roof of a
building, the area of the equipment structure and other equipment and structures shall
not occupy more than five (5) percent of the roof area.
3. Equipment buildings or cabinets shall comply with all
applicable zoning and building c/odes, including minimum setback requirements, as
provided in Section 8.
4. Mobile or immobile equipment not used in direct support of a
telecommunications tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the telecommunications tower are being
made.
all times.
B.
5. All buildings and equipment cabinets shall be unoccupied at
Antennas Not Located on Telecommunications Tower; Mounted on Utility
Poles or Light Poles. The equipment cabinet or structure used in association with
antennas shall be located in accordance with the following:
1. In residential districts, the equipment cabinet or structure may be
located:
Ordinance No. 98-__
Page 31
a. In a side yard setback provided the cabinet or structure is no
greater than 3 feet in height or 16 square feet of gross floor area and the
cabinet/structure is located a minimum of 5 feet from all lot lines. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of at least 42-48
inches and a planted height of at least 36 inches.
b. In a rear yard setback, provided the cabinet or structure is
no greater than 5 feet in height or 16 square feet in gross floor area. The
cabinet/structure shall be screened by an evergreen hedge with an ultimate height of
72 inches and a planted height of at least 36 inches.
2. In commercial or industrial districts the equipment cabinet or
structure shall be no greater than 5 feet in height or 25 square feet in gross floor area.
The structure or cabinet shall be screened by an evergreen hedge with an ultimate
height of 72 inches and a planted height of at least 36 inches. In all other instances,
structures or cabinets shall be screened from view of all residential properties which
abut or are directly across the street from the structure or cabinet by a solid masonry
fence 6 feet in height or an evergreen hedge with an ultimate height of six (6) feet and
a planted height of at least 36 inches.
C. Antennas Located on Towers. The related unmanned equipment
structure shall not contain more than 1500 square feet of gross floor area or be more
than 8 feet in height, and shall be located in accordance with the minimum yard
requirements of the zoning district in which located.
Section 10. Removal of Abandoned Antennas and Towers. Any antenna
or telecommunications tower that is not operated for a continuous period of twelve (12)
Ordinance No. 98-__
Page 32
months shall be considered abandoned, and the owner of such antenna or
telecommunications tower shall remove the same within ninety (90) days of receipt of
notice from the City notifying the owner of such abandonment. Failure to remove an
abandoned antenna or telecommunications tower within the ninety (90) days shall be
grounds for the City to remove the telecommunications tower or antenna at the owner's
expense. If there are bNO or more users of a single telecommunications tower, then this
provision shall not become effective until all users cease using the telecommunications
tower.
Section 11. Nonconforminq Uses.
A. Not Expansion of Nonconforming Use. Telecommunications towers that
are constructed, and antennas that are installed, in accordance with the provisions of
this Ordinance shall not be deemed to constitute the expansion of a nonconforming use
or structure.
B.
Preexisting Telecommunications Towers. Lawful pre-existing
telecommunications towers shall be allowed to continue their usage as they presently
exist. Routine maintenance (including replacement with a new telecommunications
tower of like construction and height) shall be permitted on such preexisting towers.
New construction other than routine maintenance on a preexisting telecommunications
tower shall comply with the requirements of this Ordinance.
C. Rebuildin,q Dama,qed or Destroyed Nonconformin,q Towers or Antennas.
Notwithstanding Section 10, bona fide nonconforming telecommunications towers or
antennas that are damaged or destroyed may be rebuilt without having to first obtain
administrative approval or a permit and without having to meet the separation
Ordinance No. 98-__
Page 33
requirements specified in Sections 8(B) and 8(C). The type, height, and location of the
telecommunications tower onsite shall be of the same type and intensity as the original
facility approval. Building permits to rebuild the facility shall comply with the then
applicable building codes and shall be obtained within 180 days from the date the
facility is damaged or destroyed. If no permit is obtained or if the permit expires, the
telecommunications tower or antenna shall be deemed abandoned as specified in
Section 10.
Section 12.
A.
the City obtains an adequate indemnity from such provider.
least:
Protection of the City and Residents.
Indemnification.
1, The City shall not enter into any lease agreement until and unless
The indemnity must at
a. Release the City from and against any and all liability and
responsibility in or arising out of the construction, operation or repair of the
telecommunications facility. Each telecommunications facility operator must further
agree not to sue or seek any money or damages from the City in connection with the
above mentioned matters;
b. Indemnify and hold harmless the City, its Council, elected
and appointed officers, agents, servants and employees, from and against any and all
claims, demands, or causes of action of whatsoever kind or nature, and the resulting
losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,
judgments, or decrees, sustained by the City or any third party arising out of, or by
Ordinance No. 98-~
Page 34
reason of, or resulting from or of each telecommunications facility operator, or its
agents, employees, or servants negligent acts, errors, or omissions.
c. Provide that the covenants and representations relating to
the indemnification provision shall survive the term of any agreement and continue in
full force and effect as to the party's responsibility to indemnify.
B. Insurance.
1. The City may not enter into any lease agreement until and unless
the City obtains assurance that such operator (and those acting on its behalf) have
adequate insurance. At a minimum, the following requirements must be satisfied:
a. A telecommunications facility operator shall not commence
construction or operation of the facility without obtaining all insurancu required under
this section and approval of such insurance by the City Manager, nor shall a
telecommunications facility operator allow any contractor or subcontractor to
commence work on its contract or sub-contract until all similar such insurance required
of the same has been obtained and approved. The required insurance must be
obtained and maintained for the entire period the telecommunications facility is in
existence. If the operator, its contractors or subcontractors do not have the required
insurance, the City may order such entities to stop operations until the insurance is
obtained and approved.
b.
Certificates of insurance, reflecting evidence of the required
insurance, shall be filed with the City Manager. For entities that are entering the
market, the certificates shall be filed prior to the commencement of construction and
once a year thereafter, and as provided below in the event of a lapse in coverage.
Ordinance No. 98-__
Page 35
c. These certificates shall contain a provision that coverages
afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the City. Policies shall be issued by companies
authorized to do business under the laws of the State of Florida.
d. In the event that the insurance certificate provided indicates
that the insurance shall terminate or lapse during the period of the lease agreement
with the City, then in that event, the telecommunications facility operator shall furnish,
at least thirty (30) days prior to the expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and like coverage for the balance of the
period has been obtained.
C. Comprehensive General Liability.
1. ^ telecommunications facility operator and its contractors or
subcontractors engaged in work on the operator's behalf, shall maintain minimum
insurance to cover liability, bodily injury including death) and property damage.
Exposures to be covered are: premises operations, and those certain contracts
relating to the construction, installation or maintenance of the telecommunications
facility. Coverage shall be written on an occurrence basis and shall be included, as
applicable, in the lease agreement between the City and the telecommunications
facility operator.
Section l3. Security Fund. Every telecommunications service provider
whether on public or private property shall establish a cash security fund, or provide
the City with an irrevocable letter of credit in the same amount, to secure the payment
of removing an antenna or telecommunications tower that has been determined to be
Ordinance No. 98-
Page 36
abandoned, in the event the owner is not in compliance with Section 10. The amount
to be provided for each telecommunications tower shall be Twenty Five Thousand
Dollars ($25,000); the amount for each antenna array sl~all be Five Thousand Dollars
($5,000).
In the alternative, at the City's discretion, an operator may, in lieu of a cash
security fund or letter of credit, file and maintain with the City a bond with an acceptable
surety in the amount of twenty-five thousand dollars ($25,000). The operator and the
surety shall be jointly and severally liable under the terms of the bond. In the
alternative, at the City's discretion, an operator may, in lieu of the cash security fund,
letter of credit or bond, file with the City a corporate guarantee in a form acceptable to
the City to be used as a security fund.
Section 14. Penalties. Any person, firm or corporation who knowingly
breaches any provision of this Ordinance shall upon receipt of written notice from the
City be given a time schedule to cure the violation. Failure to commence to cure within
thirty (30) days and to complete cure, to the City's satisfaction, within sixty (60) days, or
such longer time as the City may specify, shall result in revocation of any permit or
license and the City shall seek any remedy or damages to the full extent of the law.
This shall not preclude other penalties allowed by law.
Section 15. Severability. The various parts, sections and clauses of this
Ordinance are hereby declared to be severable. If any part, sentence, paragraph,
section or clause is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event
of a subsequent change in applicable law, so the provision which had been held invalid
Ordinance No. 98-~
Page 37
is no longer invalid the provision shall thereupon return to full force and effect without
further action by the City and shall thereafter be binding under this Ordinance.
Section 16. 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.
Section 17. Provisions of This Section to Control. Notwithstanding any
contrary provisions of the City's Code of Ordinances, including the City's zoning
regulations, the provisions of this new Ordinance shall control.
Section 18. Repealer. Any ordinances or parts thereof in conflict with the
provisions of this Ordinance are hereby repealed to the extent of such conflict.
Section 19. Effective Date. This Ordinance shall take effect immediately
upon passage 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
Ordinance No. 98-__
Page 38
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 3'd day of February, 1998
PASSED AND ADOPTED on second reading this 17th day of February, 1998.
ATTEST
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
Salmary 14, 1998
Mr. Eric M. Soroka
City Manager, City of Aventura
2999 Nord~ast 191st Street
Suite 500
Aventura, Florida 33180
Re: Ameotiment of Section 18-42 of the City Code Concerning Occupational
Licens~ TaX for Astrologer. P~chic. and Fortuneteller
Dear Eric:
We have prepared thc enclosed proposed ord!_~nce, in accordance with the City Council
Workshop discussion of lanuary 12, 1997.
The proposed ordinance serves to amend the annual occupational license tax for
Astrologers, Psychics and FommexeHers from $7,500. to $500. It should be noted that chis
ordi~anc, e docs not in any way impair the City's authority to regulate or restrict these
occupations in a~cordance with zoning and other regulatory measures.
Please advise if any fu~her information is required.
Sincerely,
David M. Wolpin
DMW/crab
328,1)01
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 SEVERABILITY; 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 THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section1. That Section 18-42 "Tax 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:
Astrologer, Psychic, Fortuneteller.....$7,SO9. $500.
Section 2. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City 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.
~/ Underlined material indicates additions to existing text, crc=ccd cut material indicates deletions from existing
text,
2
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 Cohen, who moved its
adoption on first reading. This motion was seconded by Councilmember Holzberg, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
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
3
Ordinance No. 98-__
Page 4
Al-rEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-FORNEY
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. ~.- of &II
body
,199 ~ agenda of
Date of Visit, Investigation or Receipt of Expert Opinion:
Nature of Contact: (check as applicable)
( ~,)~Site Visit
( ) Investigation
( ) Expert Opinion
Substance of Contact:
Identity of Any Person Participating in Contact:
Filed this IF[ day of
Respectfully,
Council or Board Member
Comr~'~nication: ~
Sig'l~ature ~
OlerR / 8e~rel~
Receiving
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
199 ~;? agenda of
Item No. $~
body
of z/~?
Date of Verbal Communication:
Identity of Person or Entity, Making Communication:
Subject and Substance of Communication:
Filed this /'7 day of
Respectfully,
Council or Board Member Receiving
Co~unication:
Name
Si~ature
Clerk / Secrota~
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. ~A of 2--11
/
body
, 199~¢ agenda of
Date of Visit, Investigation or Receipt of Expert Opinion:
Nature of Contact: (check as applicable)
(,,,-)/'"' Site Visit
( ) Investigation
( ) Expert Opinion
Substance of Contact:
Identity of Any Person Participating in Contact:
Filedthis 11
Respectfully,
Council or Board Member
Communication: ,~
/?~>~,~,~ t'~.~. ~,~,~,/-"
Name ~, ) .
Signature .~
Clerk / Secreta~
Receiving
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No.
199 agenda of ~-~/-u~ (~-~.
body
/ ~../
Date of Verbal Communication: ¢",/,//~//¢/~
Identit~¥ of Person or Entity Making Communication:
Subject and Substance of Communication:
Filed this /¢' day of
Respectfully,
Council or Board Member
Communication:
Signatbre
Clerk / Secretary
Receiving
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. ,]/--. of
199~' agenda of //~,Z,~,~u,~ c/7/
Date of Verbal Communication:
Identity o,f Person
~2-/?
body
or Entity Making Communication:
Su,bject./_L ~and/,./i(~ubstanc'e"~' ~'//'"/°f Communication:. (' /~"'//~
Filed this /// day of
Respectfully,
Council or Board
Communication:
Member
Receiving
Name
~/atAu r~e~'~'
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
199 ~ agenda of
Item No. %c_
body
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substance of Communication:
17
Filed this
~__~ day of
Respectfully,
Council or Board Member
Communication:
Name
Signature
Receiving
Clerk / Secretary
MATTHEW L. LE~EIOWITZ
JOSEPH A. BELISLE
ILA L, FELD
EDWARD S. HAMMEF~MAN'
MAR JOUlE B, GARCIA-I~EDROSA
#ADMITTED TO pEN NSYLVANIA
LEIBOWITZ & ASSOCIATES,
SUITE 1450
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
SUITE 200
~000 I STREET~ N.W,
WASHINGTON~ D.C.
TELEPHONE (305) 530 13~
TELECOPI (305) S
e ruary
Eric M. Soroka
City Manager
City of Aventura
Government Center, Suite 500
2999 N.E. 191st Street
Aventura, FL 33180
RE: Revision to~'rol~osed Satellite Ordinance
Dear Mr. Soroka:
Enclosed is a red-line version of the above Ordinance passed by the Aventura City Council on
February 3, 1998.
Wuis document reflects scrivener's changes in the following sections:
(p. 3 ) Sec. 1. L.- Temporary or Moveable Dish definition.
(p.4) Sec. 3. A. 4 - Clarifies requirement for application and filing fee.
(p. 4) Sec. 3. A. 9 - Clarifies intent regarding permitting process.
(pp. 6-7) Sec. 3. D. - Converts numbering of permissible deviations and clarifies the intended
application of the last clause.
(p. 8) Sec. 5 -Existing Antennas - Deleted. After further review of the issues involved, the Firm
would recommend that this section be stricken from the proposed Ordinance.
The remaining Sections under Section 1 have been renumbered to reflect this deletion.
Please feel free to contact me at your convenience, if you have any additional questions or
concerns in this matter. I look forward to seeing you at the next public hearing on February 17th.
Sincerely,
J~aga~n, ~
cc: David Wolpin, City Attorney, Weiss, Serota & Helfman, P.A.
Ila L. Feld, Esq., Leibowitz & Assoc.
Allison M. Hift, Esq., Leibowitz & Assoc.
ECE1VED
FEB 7 1998
ORDINANCE NO. 98-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY
ADDING A NEW CHAPTER ENTITLED "SATELLITE
DISHES", PROVIDING FOR THE REGULATION OF THE
INSTALLATION, MAINTENANCE, AND USE OF
SATELLITE DISHES DESIGNED FOR OVER-THE-AIR
RECEPTION OF TELEVISION BROADCAST SIGNALS,
MULTICHANNEL, MULTIPOINT DISTRIBUTION SERVICE,
DIRECT BROADCAST SATELLITES, MULTIPOINT
DISTRIBUTION SERVICE, INSTRUCTIONAL TELEVISION
FIXED SERVICE, AND LOCAL MULTIPOINT
DISTRIBUTION SERVICE; DELEGATING REVIEW
AUTHORITY AND APPROVAL OF THE INSTALLATION OF
SUCH DISHES TO THE CITY MANAGER; PROVIDING
FOR REPEAL; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, Congress enacted Section 207 of the Telecommunications Act to prohibit
restrictions that impair an antenna user's ability to receive over-the-air video programming services;
and
WHEREAS, the Federal Communications Commission ("Commission") rules require the
City to re-examine its laws regulating Over the Air Reception Devices; and
WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City Council
has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida
Statutes; and
WHEREAS, the City Council has reviewed the regulations set forth in this Ordinance and
has determinated that such regulations are consistent with the applicable provisions of the
Comprehensive Plan of Miami-Dade County as made applicable to the City: and
WHEREAS, it is the intent and purpose of the City to encourage and facilitate competition
and consumer choice by ensuring antenna users' ability to receive over-the-air signals; and
WHEREAS, Section 207 of the Telecommunications Act 1996 prohibits any local law or
regulation, that impairs the installation, maintenance, or use off (1) an antenna that is designed to
receive direct broadcast satellite services, that is one meter or less in diameter; or (2) an antenna that
is designed to receive video programming services via multipoint distribution services, including
multichannel multipoint distribution services, instructional television fixed services, and local
multipoint distribution services, and that is one meter or less in diameter or diagonal measurement;
Ordinance No.98-
Page 1
(3) an antenna that is designed to receive television broadcast signals; or (4) an antenna that is two
meters or less in diameter and is located or proposed to be located in any area where commercial or
industrial uses are generally permitted by non-federal land use regulation zoning; and
WHEREAS, Commission Rule 25.104(a), which applies to satellite earth station antennas
prohibits any regulation that (1) materially limits transmission or reception by satellite earth statio
antennas or (2) imposes more than minimal costs on users of such antennas, where the City cannot
demonstrate that such regulation is reasonable;
WHEREAS, Commission Rule 25.104(b), which applies to small satellite earth station
antennas, clarifies that a regulation or restriction impairs installation, maintenance or use of an
antenna if it: 1) unreasonably delays or prevents installation, maintenance or use, 2) unreasonably
increases the cost of installation, maintenance or use, or 3) precludes reception of an acceptable
quality signal. However, Section 257 provides that any restriction otherwise prohibited is permitted
if: 1) it is necessary to accomplish a clearly defined safety objective and is applied in a non-
discriminatory manner to other appurtenances, devices, or fixtures that are comparable in size,
weight, and appearance to these antennas and to which local regulation would normally apply; or
2) it is necessary to preserve an historic district or district eligible for listing in the National Register
of Historic Places as set forth in the National Historic Preservation Act of 1966, as amended, 16
U.S.C. §470(a) and imposes no greater restrictions on antennas covered by this role than are imposed
on the installation, maintenance or use of other modem appurtenances, devices or fixtures that are
comparable in size, weight, and appearance to these antennas; and 3) it is no more burdensome to
affected antenna users than is necessary to achieve the objectives stated herein; and
WHEREAS, it is the intent of the City to in promote the health, safety and welfare of its
citizens and visitors; and
WHEREAS, the City, located in the Southeast region of Ftorida, is within an area of the
United States that is subject to a relatively greater risk from hurricanes than other areas of the
country and therefore has a legitimate interest in reducing the possibility of human and property
damage from windblown satellite dish antennas; and
WHEREAS, it is also a reasonable governmental responsibility for the City to assure
aesthetic compatibility.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
AVENTURA THAT:
For the purpose of this Ordinance, the following terms and phrases shall apply:
Section 1. Title
Ordinance No.98-
Page 2
This Ordinance shall be entitled "Satellite Dish Ordinance" and shall be an amendment to
the City's Code of Ordinances.
Sec. 1. Definitions.
A. "Antenna" means any device used for the receipt of video programming services,
including TVBS, MDS, DBS, ITFS and LMDS, and MMDS. A reception antenna that has limited
transmission capability designed for the viewer to select or use video programming is a reception
antenna provided that it meets the Federal Communications Commission standards for radio
frequency emissions. A mast, cabling, or other accessory necessary for the proper installation,
maintenance, and use ora reception antenna shall be considered part of the antenna. An "antenna"
within the meaning of this Ordinance expressly excludes any device that comes within the definition
of the term "Antenna" in the City Code.
B. "Antenna User" means the person or entity that has a direct or indirect ownership
interest in, and exclusive control over, the property upon which the antenna is located.
Ordinance.
"Applicant" means any person submitting an application within the meaning of this
D. "Application" means any proposal, submission or request to install a satellite disk.
An application includes an applicant's initial proposal, submission or request, any and all subsequent
amendments or supplements of the proposal, relevant correspondence, and all written and oral
representations, and/or material made or provided to the City.
E "Commission" or "FCC" shall mean the Federal Communications Commission or
any successor governmental entity thereto.
F "Communications Act" means the Communications Act of 1934, 47 U.S.C. §151
et seq, as the Act has and may hereinafter be amended.
G. "Large Satellite Dish" means any satellite earth station antenna that is not defined
as a "Small Satellite Dish".
H. "Mast" means a structure to which an antenna is attached that raises the antenna
height.
I. "National Historic Preservation Act" means the National Historic Preservation
Act of 1966, 16 U.S.C., §§470 el. seq., as the Act has and may hereafter be amended.
J. "Permit" means the authorization expressly granted by the City to an Antenna User
to install an Antenna on the property wherein the User has a direct or indirect ownership interest.
Ordinance No.98-
Page 3
The term does not include any other authorization, including, but not limited to, a fi'anchise, license,
or permit that may be covered by other laws, ordinances or regulations of Federal, State, or any local
government entity including other laws or regulations of the City.
K. "Small Satellite Dish" means any receive only satellite earth station antenna that
is two meters or less in diameter and located or proposed to be located in any area where commemial
or industrial uses are generally permitted by non-federal land-use regulation, or a satellite earth
station antenna that is one meter or less in diameter in any area regardless of land use or zoning
category.
L. "Temporary" or "Moveable Dish" means an antenna which is not anchored in the
ground or which is not affixed to a permanent structure.
M. "City" means the City of Aventura, Florida.
N. "VSAT" means a commercial satellite service that may use satellite antennae less
that one meter in diameter but that is not used to provide over-the-air- video programming.
See. 2.
It is the purpose and intent of this Ordinance to establish roles and regulations consistent with
Federal policy with respect to the installation, placement, maintenance and use of satellite dishes
designed for over-the-air reception of television broadcast signals that (a) ensures that consumers
have access to a broad range of video programming services; (b) fosters full and fair competition
among different types of video programming services; (c) satisfy the City's legitimate governmental
interests in protecting lives and property and promoting the public's safety, health and including, but
not limited to (i) reducing the likelihood that satellite dishes will become windblown hurricane
hazards and (ii) reducing crime and the opportunity for crime; and (c) ensure compliance with all
applicable Federal, State and local law, roles and regulations, including, but not limited to, the South
Florida Building Code.
Sec. 3.
A.
SmallSatellite Dish Regulation.
Small satellite dish antennas are subject to the following requirements:
1. The satellite anterma installation shall require the approval of the Building
and Zoning Director or his designee.
2. The approval of the Director or his designee is contingent upon the
compliance by the satellite antenna with the regulations of the City.
Ordinance No.98-
Page 4
Where the construction, connection or installation of an antenna requires a
permit under the South Florida Building Code (the "Code"), a permit shall
be obtained.
To avoid any possibility of delay with respect to the deployment of an
antenna, any person who wishes to install or have installed an antenna may
do so without the advance filing of an application, the advance payment of
the application fee and the filing and obtaining in advance of a permit, as
such are required in this Section; provided, however, that the installer or the
person for whom the antenna is installed must provide written notice to the
City within forty-eight (48) hours after any such installation (exclusive of
weekends and legal holidays) reporting the facts of such installation (i.e., the
address of the installation, identity of the person responsible for the antenna
at the installation site and location of the antenna as installed) as may be
required as part of the City's application and submitting the requisite fee.
Failure to ?rc:':'fie s'.:':k nefi:e comply with such requirements is a violation
of this Section.
As soon as staff resources permit, the City will inspect the installation to
determine if it complies with the requirements of this Section and the Code
(if such Code is also applicable). Neither the approval of the Director or his
designee nor a permit under the South Florida Building Code will be
unreasonably withheld to delay antenna deployment.
If an antenna is deployed in advance, but does not comply with this Section,
the Code or both in any respect, the City shall not be responsible for any
costs incurred in connection with any alteration, modification, redeployment
or reinstallation of an antenna in order for it to achieve full compliance.
Alternatively, the person who wishes to install an antenna may file the
application, pay the fee and obtain the permit, if one is required, in advance
of the installation.
Ifa satellite plan is in compliance with federal and local rules, approval of the
Building and Zoning Director or his designee and a permit under the Code
will be issued within twenty (20) days of application, absent exceptional
circumstances.
Such permitting process shall be "is" no more burdensome than is necessary
to ensure public health and safety.
Ordinance No.98-
Page 5
10.
Review and approval shall be required on an annual renewal basis and at such
time the applicant shall be required to submit photos of the antenna taken
fi.om the street and adjacent properties. This is necessary to assure continued
compliance and to keep the City appraised of the status of satellite
communications within the City.
B. The City Manager or his designee shall review all installations and applications for
small satellite antenna approvals for such installations within twenty (20) days of receipt of
applications, absent exceptional circumstances, to determine that the installation meets the following
permit conditions:
1. The installation or modification of a satellite earth station shall be in
accordance with all applicable construction and safety code and procedures and shall meet the
requirements of the South Florida Building Code.
2. No antenna shall be permitted in a front yard or on the front part of any roof
which runs parallel with the fi.ont property line, except in the instance of corner lots where only one
side will be designated the front property line (the "front" shall be the same as the street address of
,the property as assigned by the United States Post Office);
3. Every reasonable effort must be made to locate the antenna in a manner where
it is effectively screened by a fence, near a structure or near another protective barrier which will
decrease the likelihood of a broken or dislodged antenna becoming a windblown hurricane hazard;
4. The City shall charge a ten dollar ($10.00) administration fee for review of
each application and installation. Such fee shall be remitted with the application.
5. No antenna installation shall ultimately be authorized by the City Manager
or his designee unless the fee has been paid and the installation has been approved in writing and
evidence of the issuance of a permit is produced where required.
6. The antenna shall be ground mounted or located on the side of a structure as
close to the ground as is reasonably possible;
7. Ground-mounted satellite earth stations shall conform to the minimum setback
requirements as are required for the principal building on the building site pursuant to the South
Florida Building Code and any applicable City Zoning Code.
8. Ground-mounted satellite earth stations shall conforn~ to the minimum setback
requirements from the Waterway as required for the principal building location on the property
pursuant to the South Florida Building Code and any applicable City Zoning Code.
Ordinance No.98-
Page 6
9. Ground-mounted satellite earth stations shall conform to minimum setback
requirements from power lines which shall be, at minimum, no less than eight (8) feet from any
power line over 250 volts.
10. Except as provided in subparagraph (d)(3), below, no antenna shall be placed
upon a roof area that is supported by trusses;
11. Each antenna and antenna installation shall be required to be painted in a
fashion so that it blends into the background against which it is mounted;
12. Special Requirements for temporary or moveable antennas. The provisions
of this subsection (a) shall apply to "temporary or moveable" dish or disk antennas. All temporary
or moveable dish antennas must be removed within six (6) months after a permit has been issued
absent the receipt of approval as provided by this subsection 3.
C. VSAT, is not within the purview of this ordinance because it is not used to provide
over-the-air video programming.
D. If, as a result of compliance with this Ordinance's requirements as set forth above,
reception is impaired, the cost to comply is or would be unreasonable, or the installation may be
unreasonably delayed, the City Manager may approve plans which deviate from the requirements
ofth/s Ordinance as follows (in order of the most acceptable deviation to least):
-I-:. The following list enumerates the hierarchy of deviations. The City Manager must
deviate from requirement Nc,. 1 (a) before deviating from requirement N~.2 (b), must deviate from
requirements ~x,~cs.! ~na~ 2 (a)and(b) before deviating from requirement Nc,.g (c), must deviate from
requirements NcaA, 2, an~ ~ (a),(b) and (c), before deviating from requirement Ne.4 (d), and must
deviate from requirements ~(a), (b), (c) and (d) before deviating from requirement
Nc.5 (e).
'27(a) The antenna shall not be located in a historic district listed or eligible to be
listed in the National Register of Historic Places, as set forth in the National Historic Preservation
Act of 1966.
-7~ (b) The antenna shall be ground mounted or located on the side of a structure
as close to the ground as is reasonably possible;
-4:. (c) An antenna shall not be placed on a roof area which is supported by trusses;
-5~(d) No antenna shall be permitted in a front yard area or on the front part of any
roof which runs parallel with the front property line, except in the instance of
coruer lots where only one side will be designated the front property line.
Ordinance No.98-
Page 7
The "front" shall be the same as the street address of the property as assigned
by the United States Post Office.
6. (e) Any other deviation from the requirements of this Ordinance must be justified,
taking into consideration the location and surrounding structures, fences, landscaping and other
features.
E. 1. Rooftop installation of satellite dish or dish antennas will only be permitted
where (a) a City Manager/Truss Manufacturer approves the method of attachment proposed by the
applicant before the installation; (b) the antenna is anchored to the roof in conformance with the
requirements of the South Florida Building Code; and (c) a professional engineer certifies as safe
any infrastructure improvements made to fortify the tress system or the truss system as designed to
which the antenna will be installed. Such certification must be obtained, absent exceptional
circumstances, within twenty (20) days of installation.
2. The installation of any antenna structure mounted on the roof of a building
shall not be erected nearer to the lot line than the total height of the antenna structure above the roof,
nor shall such structure be erected near electric power lines or encroach upon any street or other
public space.
3. Antenna users must obtain a special permit as described in Section F herein,
in cases in which the antennas extend more than twelve (12) feet above the roof line in order to
receive signals.
F. Mast Installation.
quality signals.
Mast height may be no longer than absolutely necessary to receive acceptable
2. Masts that extend 12 feet or less beyond the roof line may be installed subject
to the regular notification process. Masts that extend more than 12 feet above the roof line must be
approved before installation due to safety concerns posed by wind loads and the risk of falling
antennas and masts. Any application for a mast that extends more than 12 feet above the roof-line
must include a detailed description of the structure and anchorage of the antenna and the mast, as
well as an explanation of the necessity for a mast higher than 12 feet. If this installation will pose
a safety hazard to City residents and visitors then the City may prohibit such installation. The notice
of rejection shall specify these safety risks.
3. Masts must be installed by a licensed and insured contractor.
4. Masts must be painted the appropriate color to match their surroundings.
Ordinance No.98-
Page 8
5. Masts installed on a roof shall not be installed nearer to the lot line than the
total height of the masts and antenna structure (combined height) above the roof. The purpose of
this regulation is to protect persons and property that would be damaged if the mast were to fall
during a storm or from other causes.
6. Masts shall not be installed nearer to electric power lines than the total height
of the mast and antenna structure above the roof. The purpose of this regulation is to avoid damage
to electric power lines if the mast should fall in a storm.
7. Masts shall not encroach upon another owner's lot or common property.
8. Masts installed on the ground must sustain a minimum of 120 mph winds,
or such speeds as otherwise provided in the applicable Building and Zoning Codes.
G. Applicability. The regulations in this Ordinance shall be applied in a
nondiscriminatory manner to other appurtenances, devices and fixtures that are comparable in size,
weight and appearance to the subject antennas and to which local regulations would normally apply.
Sec. 4. Large_Satellite Dish Regulation.
The provisions of Section 3 shall apply to Large Satellite Dish Antennas. To the extent that
any provision of Section 3 (1) materially limits transmission or reception by satellite earth station
antennas, or (2) imposes more than minimal costs on users of such antennas and to the extent that
the City cannot demonstrate that such regulation is reasonable, that provision shall not apply.
w-~ ~-J ....... v .... ~ .... adc an cfth~ rdinance.
Sec. ~ $. Violation ~
A. Violation of specified conditions and safeguards, when made part of
the terms under which the antenna is approved, or the various provisions of this section, shall be
deemed grounds for revocation of permit and punishable as a violation of the Zoning Code.
B. A maximum fine of one hundred dollars ($100.00) per violation may
be imposed for any violation of this Section.
See. '?. 6. Conlaael
Ordinance No.98-
Page 9
A. Both the Local Zoning Authority and the Antenna User shall provide one another
with the name and address of the contact designated to receive notices, filings, reports, records,
amendments, and other types of correspondence or information that relate to administration and/or
enforcement of this Ordinance.
B. All notices affecting the legal rights of the parties and all other filings, reports,
records, documents and other types of correspondence shall be in writing, and shall be deemed
served when delivered by hand or personal service, certified mail return receipt requested, registered
mail, or express delivery by the designated contact. If such notice is not timely served, then parties
shall follow State rules to determine the consequence of the non-timely service of notice, and the
rights and remedies of the affected parties.
Section 2. Repeal. That all ordinances or parts of ordinances (including Miami-Dade
County code Section 33063.1) inconsistent or in conflict herewith are hereby repealed in so far as
there is conflict or inconsistency.
Section 3. Severabili~. Should any section, paragraph, sentence, clause, phrase or
other part of this Ordinance be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this Ordinance as a whole or any portion thereof, other than
the par~ so declared to be invalid.
Section 4. InclusionJndJteff_xtde. 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 re-lettered to accomplish
such intentions; and that the word "Ordinance" shall be changed to 'Section" or other appropriate
word.
Section 5. Effective Date. This Ordinance shall become effective immediately 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
Ordinance No.98-
Page 10
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
Cotmcilmember 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 3rd day of February, 1998.
PASSED AND ADOPTED on second reading this 17th day of February, 1998.
, who
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
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CITY OF AVENTURA
PUBLIC NOTICE
NOTICE OF ADOPTION OF ORDINANCE
WIRELESS TELECOMMUNICATIONS TOWERS
AND ANTENNAS
The City of Aventura proposes to adopt the following
Ordinance on second reading:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY
ADDING A NEW CHAPTER ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS";
PROVIDING PURPOSE: PROVIDING DEFINITIONS;
PROVIDING APPLICABILITY: PROVIDING GENERAL
REQUIREMENTS AND MINIMUM STANDARDS
PROVIDING PERMI'I-I'ED USES ON PUBLIC PROPERTY
PROVIDING PERMITTED USE ON PRIVATE PROPERTY
PROVIDING SPECIAL EXCEPTION USES; PROVIDING
EQUIPMENT STORAGE; PROVIDING REMOVAL OF
ABANDONED ANTENNAS AND TOWERS; PROVIDING
NONCONFORMING USES; PROVIDING PROTECTION
FOR RESIDENTS; PROVIDING PENALTIES; PROVIDING
FOR SEVERABILiT~. INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
A Public Hearing on the Ordioance will be held on Tuesday,
February 17, 1998, at 6 p.m. at the Columbia Aventura
Medical Center located at 2t110 Biscayne Boulevard,
Suite 101, Aventura, F orida. The propoSed Ordinance may
be inspected by the public at the Office of the City Clerk,
2999 N.E. 191st Street, Suite 500, Aventura, Florida.
Interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinance. Any person
wishing to address the City Council on any item at this
Public Hearing is asked to register with the City Clerk prior
to that item being heard.
In accordance with the Americans with D sab lities Act of
1990, ail persons who are disabled and who need special
accommodations to participate in this proceeding because
of that disability should contact the Office of the City Clerk.
466-8901, not later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the
City Council with respect to any matter considered at a
meeting or hearing, that person will need a record of the
proceedings and, for such purpose, may need to ensure
that a verbatim record of the proceedings is made. which
record includes the testimony and evidence upon which the
appeal is to be based.
J r~mfmcl fhi~Rfh d~v nf I::ohrll~r',l ICICIR /~l~"~i'
At first, the parents remained in
seclusion and refused requests for
interviews. At the time, sheriff's
officials said they were not consid-
ered suspects.
But the couple later hired
Cohen and refused to talk any
more with investigatom unless
they were given access to inter-
view notes.
In January, the Aisenbergs went
on a media blitz~ appearing on
national television shows includ-
ing NBC's Dateline and Oprah
Winfrey's talk show. The sheriff's
department later said the parents
had not been ruled out as suspects
and failed to cooperate with
police.
FRIDAY NITE 9 PM
FEBRUARY 6
FREE ADMISSION
9-5; Sun. 9-4
at the
)E COUNTY FAIR
OSITION CENTER
112 Ave. & Coral Way
Call 642-4139
For Details & Exhibit Space
www. hamboree.org -
e Radio Club of Miami
CiTY OF AVENTURA
PUBLIC NOTICE
NOTICE OF ADOPTION
OF ORDINANCE
REGULATING SATELLITE DISHES
The. City of Aventura proposes to adopt the
following Ordinance on second reading:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA AMENDING THE CITY CODE OF
ORDINANCES BY ADDING A NEW CHAPTER
ENTITLED ~SATELLITE DISHES", PROVIDING
FOR THE REGULATION OF THE INSTALLATION,
MAINTENANCE, AND USE OF SATELLITE
DISHES DESIGNED FOR OVER'THE-AIR
RECEPTION OF TELEVISION BROADCAST
SIGNALS, MULTICHANNEL, MULT. IPOINT
DISTRIBUTION SERVICE, DIRECT BROADCAST
SATELLITES, MULTIPOINT DISTRIBUTION
SERVICE, INSTRUCTIONAL TELEVISION FIXED
SERVICE, AND LOCAL MULTIPOINT
DISTRIBUTION SERVICE; DELEGATING REVIEW
AUTHORITY AND APPROVAL OF THE
INSTALLATION OF SUCH DISHES TO THE CITY
MANAGER; PROVIDI'NG FOR REPEAL;
PROVIDING FOR.SEVERABILITY, INCLUSION IN
THE CODE AND AN EFFECTIVE DATE.
A Public Hearing on the Ordinance will be held
on Tuesday, February 17, 1998, at 6 p.m. at the
Columbia Aventura Medical C~nter, located at
21110 Biscayne Boulevard, Suite 101, Aventura,
Forida. The proposed Ordinance may be
inspected by the public at the Office of the City
Clerk, 2999 N.E. 191st Street, Suite 500, Aventura,
Florida. Interested parties may appear at the
Public Hearing and be heard with respect to the
proposed Ordinance. Any person wishing to
address the City Council on any item at this Public
Hearing is asked to register with the City Clerk prior
to that item being heard.
In accordance with the Americans with
Disabilities Act of 1990, all persons who are
disabled and who need special accommOdations to
participate in this proceeding because of that
disability should contact the Office of the City Clerk,
466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made
by the City Council with respect to any matter
considered at a meeting or hearing, that person will
need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence Upon which
the appeal is to be based.
Dated this 5th day of February, 1998
Teresa M. Smith, CMC
~ City Clerk
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Betore 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/kJa 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 NOTICE OF I~ROPOSED ORDINANCE
AN ORDINANCE AMENDING CHAPTER 18
"BUSINESS REGULATIONS, LICENSES
AND PERMITS"
in the ...................... .,~..~C.Y..,~ ....................................... Court,
was published in said newspaper in the issues of
Jan 22, 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 Dede County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall 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 or corporation
any disceu , rebate, commlssi r the purpose
~aV'Ferbeyrel~ ~
· Y ~ ' * CC566004
I 'OF[',." JUNE 23,2000
NOTICE IS HEREBY the 17th day.of
February, 1998, at a meeting of Council of the City of
Aventura, to be held at 7:00 p.m. Room at the
Columbia Aventura Center, 21110 Biscayne
Boulevard, Suite 10t ~ City Council will consider
the adoption ¢ entitled;
AN ORDINANCE C FLORIDA;
AMENDING THE CITY CODE ! :HAPTER 18
'BUSINESS REGULATIONS, LI AND PERMITS' AT
SECTION 18~42 'TAX REVISE THE
OCCUPATIONAL LICENSE RATE FOR THE
CLASSIFICATION OF PSYCHIC,
FORTUNETELLER'; INCLUSION IN
CODE; PROVIDING FOR
AN EFFECTIVE DATE.
The proposed Ordinance may be~ Ir ~pectac~ns d by the public at the Of-
fca of the City Clerk, 2999 N.E. l~lst S~raet, Suite 500, Aventura,
Florida. Interested parties mayy applpar at,heap ar at e Public Hearing and be
heard With respect to the plopo~d prdina~tce. Any person wishing to
address the City Council on any item at this Public Hearing is asked to
reg ster with he City Clerk pdor to thl~t item being heard.
In. accordance with the Americans with Disabilities Act of 1990. all
oersons who are disabled and who need special accommodahons to
3articloate in this proceeding because of that disability should contact
the Office of the City Clerk. 466-8901. ~:)t later than two business days
3riot to such oroceedings.
If a person dec~oes to appeal any dec~sion made by the City Council
with respect to any matter considered at a meehng or hearing, that
person will neecl a record of the proceedings and. for such purpose,
may need to ensure tl~at a verbatim record of the proCeeDings is
made which record includes the testimony and evidence ur)on which
the appeal is to be based.
Dated January 22. 1998.
Teresa M. Smith. CMC. City Clerk
1/22 98-4-012249M
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/kJa Miami Review, a daily {except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Bade
County, Florida; that the attached copy of advertisement,
being a Legal Adventsement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING
FEBRUARY 17, 1998
in the ...................... ..'~ ~:}C.~5C ....................................... Court,
was published in said newspaper in the issues of
Jan 29, 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
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 discou t, rebate, commissio for the purpose
nofe~ssel~SuCr'~g this advertise~S~ eS~lon in the said
98
........ da of .......... ,A.D. 19 ......
~SEAL} ' ~.~4~'~ ~/. JANETT LLERENA
octe, maV. Fe.e i?wnto ,=S 600.
7.., ~' .q~ MY COMMLSSION EXPIRES
~'0~ p,.) JUNE 23,2000
CITY OF AVENTURA
..... NOTICE OF PUBLIC HEARING ......
DATE AHD TIME OF
PUBLIC HEARING: Tuesday, February 17, !99~
6:00 PM
APPUCANT NAME: City of Aventura
APPLICANT REQUEST: Petition of ~ City of Aventura to auth-
orize the erection, construction and ope-
ration of a govemmantal facility as a
decig~sted ben~itted use in a zoning
district. (Founders Park)
APPLICATION NUMBER:
LOCATION OF
SUBJECT PROPERTY:
01-REZ-98
Northeast corner of West Country Club
Drive and NE 190 Street and a conti-
guous parcel of land located south of
NE 190 Street.
Legal Description: Tracts 'Q" of 'Marina Del Ray Revised', as~
recorded in Plat Book 144 at Page 89 of the Dada County Public
Records, Dede County, Florida end A portion of Tract JJ of Fifth
Addition Biscayne Yacht end Country Club, according to the plat
thereof, as recorded in Plat Book 99, Page 20, of the Public Records
of Dads County, Florida (Lengthy Legal - You may contact the Com-
munity Development Department for the complete legal desc~ption).
Size of Subjec~ Property: Approximately 12.65 acres
plans are on file and may be examined during regular business
hours in the City of Aventura, Community Development Department,
2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may
be modified at or before the Public Hearing. The application may
change during the hearing process.
The Public Hearing will be held at Columbia Aventura Medical Arts
Building, 21110 Biscayne Boulevard, Suite 10f, Aventura, Florida,
33180. Your comments may be made in person at the hearing Or filed
in writing pdor to the heating date. Refer to applicanVpropprty on
correspondence and mail same to City of Aventura, Community Devel-
opment Department, 2999 NE 191 Street, Suite 500, Aventura, Florida,
33180. For further information, please call (305} 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all
perSOns who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 466-8901, not-later than two business days
prior to such proceedings.
If a person decides to appeal any decision made by the City Council
with respect to any matter considered at a meeting or bearing, that
parson will need a record of the proceedings and, for such purpose,
· may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based.
Teresa M. Smith, CMC, City Clerk
1;29 98-3-012994M
MIAMI DAILY BUSINESS REVIEW
MIAMI DALLY BUSINESS REVIEW
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
FEBRUARY 17, 1998
DATE AND ~ OP
AFPUCAJ~T NAMB: ~ ~ i~l~lmy,
~ OP BUBdE~'
PROPP.,I~: Ap~vh~tltlly
~ m ~ file ~
houri In ~ ~ ~ A~m, ~mm~ ~ ~,
~NE 101~.~m
~rfl~d~ ~ m~ ~me fO C~ Of ~Um, ~n~
PUBLISHED DAILY TheMiami Herald r~,h~ h~ .c~ ~ ,,, ~.,,s,.ns._~m~.an~
M~AMI-DADE-ELOmDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally
appeared:
SILVIA ACOSTA
who on oath says that he/she is"
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapews(s).
Sworn to and subscribed before me this
/
My Commission
Expires: October 17, 2001
,1998
One Herald Plaza, Miami, Florida 33132-1693 (305) 350~2111
PUBLIC NO'I IL;:
NOTICE OF ADOPTION
OF ORDINANCE
REGULATING SATELLITE DISHES
The City of Aventura proposes to adopt the
following Ordinance on second reading:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA AMENDING THE CITY CODE OF
ORDINANCES BY ADDING A NEW CHAPTER
ENTITLED "SATELLITE DISHES", PROVIDING
FOR THE REGULATION OF THE INSTALLATION,
MAINTENANCE, AND USE OF SATELLITE
DISHES DESIGNED FOR OVER-THE-AIR
RECEPTION OF TELEVISION BROADCAST
SIGNALS, MULTICHANNEL, MULTIPOINT
DISTRIBUTION SERVICE, DIRECT BROADCAST
SATELLITES, MULTIPOINT DISTRIBUTION
SERVICE, iNSTRUCTIONAL TELEVISION FIXED
SER¥1CE, AND LOCAL MULTIPOINT
DISTRIBUTION SERVICE; DELEGATING REVIEW
AUTHORITY AND APPROVAL OF THE
INSTALLATION OF SUCH DISHES TO THE CITY
MANAGER; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE AND AN EFFECTIVE DATE.
A Public Hearing on the Ordinance will be held
on Tuesday, February 17, 1998, at 6 p.m. at the
Columbia Aventura Medical Center, located at
21110 Biscayne Boulevard, Suite 101, Aventura,
Florida. The proposed Ordinance may be
inspected by the public at the Office of the City
Clerk, 2999 N E. 191st Street, Suite 500, Aventura,
Florida. Interested partes may appear at the
Public Hearing and be heard with respect to the
proposed Ordinance. Any person wishing to
address the City Counci on any item at this Public
Hearing is asked to register with the Cty Clerk prior
to that item being heard.
In accordance with the Americans with
Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to
participate in this proceed ng because of that
disability should contact the Office of the City Clerk,
466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made
by the City Council with respect to any matter
considered at a meeting or hearing, that person will
need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence upon which
the appeal is to be based.
Dated this 5th day of February, 1998 /
Teresa M. Smith, CMC
City Clerk
~u~
PUBLISHED DAILY TheMiami Herald PublishingCompany
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally
appeared:
SILVIA ACOSTA
who on oath says that he/she is"
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
Affiant furth6r says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the fa'st publication of the
attached copy of advertisement; and affiant fur~er
says that he has neither paid nor promised any
person, fu'm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
Sworn to and subscribed before me this
~ DAY OF ) -~fl~) f[~_('~Y)/~/,
My Commission
Expires: October 17, 2001
Virginia J~allon ~
One Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111
MIER
31SES
our attention
counting!
very Sunday.
lo Stores
CITY OF AVENTURA
PUBLIC NOTICE
NOTICE OF ADOPTION OF ORDINANCE
WIRELESS TELECOMMUNICATIONS TOWERS
AND ANTENNAS
The City of Aventura proposes to adopt the following
Ordinance on second reading:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY
ADDING A NEW CHAPTER ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS";
PROVIDING PURPOSE; PROVIDING DEFINITIONS;
PROVIDING APPLICABILITY; PROVIDING GENERAL
REQUIREMENTS AND MINIMUM STANDARDS;
PROVIDING PERMITTED USES ON PUBLIC PROPERTY;
PROVIDING PERMITI'ED USE ON PRIVATE PROPERTY;
PROVIDING SPECIAL EXCEPTION USES; PROVIDING
EQUIPMENT STORAGE; PROVIDING REMOVAL OF
ABANDONED ANTENNAS AND TOWERS; PROVIDING
NONCONFORMING USES; PROVIDING PROTECTION
FOR RESIDENTS; PROVIDING PENALTIES; PROVIDING
FOR SEVERABILi FY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
A Public Hearing on the Ordinance will be held on Tuesday,
February 17, 1998, at 6 p.m. at the Columbia Aventura
Medical Center, located at 21110 Biscayne Boulevard,
Suite 101, Aventura, Florida. The proposed Ordinance may
be inspected by the public at the Office of the City Clerk,
2999 N.E. 191st Street, Suite 500, Aventura, Florida.
Interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinance. Any person'
wishing to address the City Council on any item at this
Public Hearing is asked to register with the City Clerk prior
to that item being heard.
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled and who need special
accommodations to participate in this proceeding because
of that disability should contact the Office of the City Clerk,
466-8901, not later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the
City Council with respect to any matter consider, ed at a
meeting or hearing, that person will need a record of the
proceedings and, for such purpose, may need to ensure
that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the
appeal is to be based.
Dated this5th day of February, 1998