07-07-1998 CC Meeting Agenda
City of A ventura
Citv Commission
Arthur L Snyder, Mayor
Ken Cohen, Vice Mayor
Citv Manafter
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Barry Bolzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Citv Clerk
Teresa M. Smith
Citv Attornev
Weiss Serota Belfman
Pastoriza & Guedes
AGENDA
Commission Meeting
July 7, 1998 - 6:00 P.M.
A ventura Medical Arts Bnilding
21110 Biscayne Bonlevard Snite 101
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Commission'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 Commission, and if you
wish to address the Commission, you may be subject to cross-examination. If you refuse to submit
to cross-examination, the Commission will not consider what you have said in its final
deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
A. APPLICANT: HIDDEN BAY ASSOCIATES n
(Applicant has withdrawn this application with prejudice III accordance with
Miami-Dade County Code Section 33-304)
B. APPLICANT: DREW WOLF
(It is anticipated that this item will be deferred at the request of the Applicant)
July 7, 1998 Commission Meeting
C APPLICANT: ROBERT LANSBAUGH
(Application in omplete. Deferred to August 4, 1998 Commission Meeting)
D. A RESOLU ON OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE
FOR EMINE T DOMAIN PROCEEDINGS FOR PROPERTY LOCATED
AT 19915-19 25 BISCAYNE BOULEVARD; GRANTING A NON-USE
VARIANCE F OPEN SPACE REQUIREMENTS TO WAIVE 0.58% OF
THE REQU D 14% OPEN SPACE WHERE 13.42% OPEN SPACE IS
PROPOSED; GRANTING A SIGN VARIANCE TO PERMIT ONE (1)
MONUMEN SIGN LARGER THAN THAT ALLOWED; DENYING A
SIGN VA CE FOR ONE (1) DIRECTIONAL SIGN LARGER THAN
THAT ALLO ED; PROVIDING AN EFFECTIVE DATE.
E.
MOTION T
WAIVER F
OUTLINED
1998.
APPROVE REQUEST BY JOSEPH B. KALLER FOR
OM MORATORIUM, SUBJECT TO CONDITIONS AS
CITY MANAGER'S MEMORANDUM DATED JULY 2,
Commission Meeting
COllllllission Workshop
June 9, 1998
June 30, 1998
4. APPROVAL OF MINU ES:
5. AGENDA: Request for eletions/Emergency Additions
6. SPECIAL PRESENTA ONS: Proclamation in memory of William W. Heiberger
7. CONSENT AGENDA:
A. A RESOLU ON OF THE CITY COMMISSION OF THE CITY OF
AVENTURA FLORIDA OPPOSING U-TURNS AT THE INTERSECTION
OF THE NTRANCE TO POINT EAST CONDOMINIUM AND
BISCA YNE OULEV ARD; AND PROVIDING AN EFFECTIVE DATE.
(Expresses op osition to the establishment of u-turns on Biscayne Boulevard at
the entrance t Point East Condominium)
B. A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE HE ATTACHED INTERLOCAL AGREEMENT BETWEEN
MIAMI-DA E COUNTY AND THE CITY OF A VENTURA FOR JOINT
COMPLETI N OF A LOCAL MITIGATION STRATEGY; AND
PROVIDING AN EFFECTIVE DATE.
2
July 7, 1998 Commission Meeting
(Authorizes C ty Manager to execute lnterlocal Grant Agreement for hazard
mitigation stu )
C. A RESOLU ON OF THE CITY COMMISSION OF THE CITY OF
A VENTURA FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT T ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF A VEN CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCA YEAR 1998/99 TO 2002/03; AUTHORIZING THE CITY
MANAGER 0 DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF IS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Accepts and pproves, in principle, the CIP document for fiscal year 1998/99 -
2002/03)
D. ON OF THE CITY COMMISSION OF THE CITY OF
FLORIDA, AUTHORIZING THE ACCEPTANCE OF AN
IMPLIED 0 R OF DEDICATION BY STEVEN G. LEVINE, TRUSTEE
AND INDIV UALLY FOR A PORTION OF NORTHEAST 191sT
STREET IN THE CITY OF A VENTURA, MIAMI-DADE COUNTY,
FLORIDA.
(Authorizes ac eptance of additional 10' right-of-way on NE 191" Street)
E. A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA FLORIDA, PROVIDING FOR ACCEPTANCE OF
DEDICATIO OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST
35TH AVEN E IN THE CITY OF AVENTURA; AUTHORIZING CITY
MANAGER TO OBTAIN AND EXECUTE DEDICATION;
AUTHORIZ G ACCEPTANCE OF DEDICATION; PROVIDING FOR
EFFECTIVE DATE.
(Accepts dedi ation ofNE 35th Avenue from private to public road)
8. PUBLIC HEARING: RDINANCES - SECOND READING:
A. AN ORDIN NCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANC ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISIN THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET A OUTLINED IN EXHmIT "A" ATTACHED HERETO;
AUTHORIZ G THE CITY MANAGER TO DO ALL THINGS
NECESSAR TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDIN FOR AN EFFECTIVE DATE.
B. NCE OF THE CITY OF A VENTURA, FLORIDA
G INTERIM SERVICE FEES FOR PROPERTIES NOT
3
July 7, 1998 Commission Meeting
YET INCLU
INCLUSION
PROVIDING
DATE.
D IN THE COUNTY'S TAX ROLL; PROVIDING FOR
IN THE CODE; PROVIDING FOR CONFLICT;
OR SEVERABILITY; AND PROVIDING AN EFFECTIVE
9. RESOLUTIONS:
A RESOLUTIO OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, F ORIDA, PROVIDING FOR ADOPTION OF INTERIM
SERVICE FEES STUDY DATED JUNE 1, 1998 PREPARED BY TISCHLER
AND ASSOCIA S, INC., ATTACHED HERETO AS EXHmIT A, AND
INTERIM SER ICE FEE SCHEDULE INCLUDED THEREIN, PURSUANT
TO ORDINANC NO. 98-_; AUTHORIZING THE CITY MANAGER TO
DO ALL THIN S NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; ND PROVIDING AN EFFECTIVE DATE.
10. OTHER BUSINESS:
COMMUNIC TION BY COMMISSIONERS PRIOR TO PUBLIC
HEARING (C mmissioner Perlow)
11. REPORTS
12. PUBLIC COMMENTS
13. ADJOURNMENT
EETINGSIEVENTS:
BUDGET REVIEW MEET
JULY 20, 1998
9AM*
COMMISSION WORKSHO
JULY 20,1998
Immediately following budget
review meeting
COMPREHENSIVE PLAN
PUBLIC HEARING
JULY 20, 1998
7PM
*Govemment Center 2999 NE 19 "Street Suite 500
This meeting is open to the public. In accor ce with the Americans with Disabilities Act. of 1990, all persons who are disabled and who need special
accommodations to participate in this meetin because of that disability should contact. the Office of the City Clerk, 466~890 1, not lat<<than two days
priorto sum proceeding.
Agenda items may be viewed at the Office fthe City Clerk, City of Aventura Government Center, 2999 NE 191M Street, Suite 500, Aventura,
Florida, 33180. Anyone wishing to obtain a y of any agmda item should contact. the City Clerk at 466-8901.
Anyone wishing to appeal any decision made y the Aventur8 City Commission with respect to any matter oonsidered at sum meeting or hearing will
need a record of the proceedings and, for su pmp08e, may need to ensure that a verbatim record of the proceedings is made, whidt record includes
the testimony and evidence upon whicl1 the eat is to be based.
4
uHf~~f~D
. T " ,j I< " E ) ~ -' 1 , '"
I~~~~ID
I~ S. K7Ucha
(305) 579-()837
July 2. 1998
VH BA"ffi DELIVERY
Ms. Brenda Kelley
Interim Commllnit)' Developm t lliecwr
Ciry of Aventura
2999 N.E. 19151 Street, Suite 00
A ventUra, Florida 33180
Re
Hidden Bay
Withdrawal of
cines U - Public He.uing Application ~(). 03-V.AR-98 _
plication
Dear Ms Kelley
Pursuant to Section 33-
Aventura, by this lerrer Hidden
application for non-use varianc
Hearing Application No. 03-V
fonh in Section 33-304(a).
notification ofwithdrawalluls b
submittal of the application.
04 of the Code of Miami-Dade CoUIll), as adopled by the Ciry of
ay Associates IT (the .Applicant") hereby fonnally withdraws its
originally submitted on April 14, 1998, and described by Public
-98, with prejudice, subjecl to the cime !imitation exemptions set
accordance the pro"isions of Section 33-304, this wrinen
execuIed by the Applicant in we same manner as we anginal
I would greatly appr
acknowledging we withdrawal
address
Ie it if you would sign the enclosed copy of
of the application, aJ.Id return it to my anemion at
wi, lerrer
the below
marrer.
at (305) 579-0837 if you nave any questions regarding this
Veryqulno~ ..
.//~/
i ,. /:;::>
I // T' ./
-..:~
A1Alf S Xnscher
cc: Mr. Eric Soroka
David W nlpin, Esq.
Clifford A Schulman, Esq
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CITY OF AVENTURA
COM UNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commis ion
BY:
Brenda Kell
Com unity Development Directo~
FROM:
Eric M. Soro a, .
DATE:
SUBJECT: Request by Drew Wolf for Multiple Approvals associated with the
proposed re il center at 17866-17870 Biscayne Boulevard.
Application umber: 03-MA-97B
July 7,1998 City Commi sion Meeting Agenda Item ~ ~ B
This item was deferred fr m the June 9, 1998 City Commission meeting.
The applicant's Attorney as requested that this item be deferred so that the applicant
may reconsider the appli tion in order to resolve the outstanding issues associated
with this application. (Se attached letter)
Istaff reportslO3-MA-97B Drew Wolf 0 798
WE
P
LILLI....N AAANGO OE LA HOZ.
MITCHELL A.. eJER""AI'l
NINA '-. BONISKe
CANIEL.M. COULTOFF
MICIoIELLE M. GALLAR.DO
..,l~NNIFER GOM.BE.ftG
EOWARO G. GUE.OES
STEPMEN oJ. H~LF'MAN
.JOMN'R. HS::~IN, JR.
R08!:l!tT W. HOLl..ANO.
.JILL A. .JARKE$Y'"
GIL8E:RTO PA5TORI4A
ELLEN N. SAUL"
GAIL D. S~AOTA.
.JOSfZPM .... SEF:l:OTA
DANIEL A.. ~1SS;.
RICHA.RD .JAY WEISS
DAVIO' M. WOLF'IN
STEVEN W. 'ZELI(OWI1"%
55 SEROTA HELFMAN
5TORIZA & GUEDE5, EA.
ATTORNEYS AT LAW
2665 SOUTM eAYSHORE ORIV~
SU ITE 420
MIAMI, F"LOlltIOA 33133
DROWAFfO OFFICE
886 EAST LAS OLAS BOUl.E;;VARD
SUITE 710
FORT LAUOc:l!itOALE, I""LORICA ~.:a301
TEL.EPHONE (954) 7@3-1189
TELE~HONE: (305) 854-0600
TEL.EC;OPIE;R (30&> eS4-2323
WWW.W$H~FI..AI.AW.COM
PALM BEACH Of"f'"'CE;;
1872 SOUTtiWEST 17T~ STREET
BOCA RATON. FLOFUOA. 33466
TELEPHONE (6SD 39Z-el75iil
TELECOPJE:R (SSI) 3$2.-75$1
.Of" COUNseL
July I, 1998
Stanley B. Price, Esq.
Bilzin Sumberg Dunn
Price & Axelrod LLP
2500 First Union Financial enter
200 South Biscayne Blvd.
Miami, FL 33131
Re: Drew Wolf; 7866-17870 Biscayne Blvd.
A ventura, F orida (the "Property")
Dear Stan:
We have reviewed your letter of June 16, 1998, concerning the above referenced
matter, in which you adv ate the position that the redevelopment of the Property does not
require variances and may e done as of right. After review of this matter, I must advise you
that we concur with the . gs of the staff of the City of Aventura Community Development
Department that a variance from the zoning code is indeed required for the redevelopment of
the Property.
suggest that the necessary variances be pursued or that a revised
redevelopment plan be prop sed. I believe that upon consultation with the City sraff, a revised
plan of redevelopment whi h substantially modifies or eliminates the nature and scope of the
necessary variances may be achieved, in a manner facilitating redevelopment.
Please contact the C ty Manager at your earliest convenience so that his staff may work
with you on this matter.
ZOO/1!i
.:mlll V~01l3S S131\
9S :n
96/10lLO
Stanley B. Price, Esq.
July 1, 1998
Page 2
Please call us if ther are any questions on the above.
Sincerely, I.. A.. r ~. ".
~ ~ f-"-l.
David M. Wolpin
DMW/cmb
328001
cc: Mr. Eric M. Soroka City Manager
Ms. Brenda. Kelley, ommunity Development Director
Richard Jay Weiss, sq.
Stephen J. Helfman, Esq.
EISS SEHOTA Hl::Ll'MAN
PASTOHlZA & GUEDES, P.A.
C66ilJ
dl3H VlO~3S SI~
6S:tl G6/10/LO
BILZIN UMBERG DUNN PRICE & AxELROD LLP
A PAIltTNCASH'''' 0'" ""O"'I:!Il!1I0NAI.. AA80CIATIQN,
esoo V'IIWT UNION "IN"'N~I"'1. CENtER
i!OO OUTH fllGCATNt eOUI..f;VA"C1' HIAHI, '",OIltIOA 33131-2339
TELEPHONE: 130,13,L'58O. IP""'O.'IL%IN.CDM
rAJ( I~O!lJ~"4.7!!593' eJIIOWl'Rb CSi!;414.6i!-6800
$TAHl.EY .. ~RleE. ~.A.
ClI"ECT DIAI.130!5J350023'T'"
I;:-NAIL 1CIrioI.~.CO/I'I
June 29, 1998
BY FAX
Hon. Eric Soroka
City Manager
City of Aventura
2999N.E.191 St.,5thFIr.
Aventura, FL 33180
Re: Request by rew Wolf for Multiple Approvals Associated
with the Pro osed Retail Center at 17866-17870 Biscayne Blvd.
Your Applic tion No: 03-MA-97B
Dear Mr. Soroka:
In furtherance of our recent meetings and conversations, I am hereby respectfully requesting
your support in conjunction th the request to defer the above-styled matter from your July 7, 1998
agenda. My client has a ed to pursue possible demolition and/or relocation of the existing
structure as a means of resol . ng the outstanding issues associated with this application. This letter
should not be construed, in y fashion, as a means.of considering any appropriate legal arguments
which may be applicable fo the subject property.
We pledge to you 0 continued cooperation in trying to resolve the outstanding issues
associated with this applica on.
Cordially,
SBP:cm
cc: Drew Wolf
Brenda Kelly
G:\OMS\ 1353611 0847\0196521.01
6/29/98
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CITY OF AVENTURA
COM UNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commis ion
SUBJECT: Request of Aventura Self Storage, I.p. for modification to previous
approval on Sign Variance.
Application umber: 08-SV-98
unity Development Directff
FROM:
BY:
Brenda Kell
DATE:
July 7,1998 City Commi sion Meeting Agenda Item 3-c...
Staff requests that the Ci y Commission defer this application to the public hearing of
August 4, 1998 in order t obtain outstanding information required to proceed with the
application.
Furthermore, the City Att rney has requested deferral of this item to the next agenda,
to enable review of the e rlier hearing.
The applicant consents t staff's request to defer this item.
Istaff reportsl08-SV-98 Aventura Self orage 070798
CITY OF AVENTURA
COM UNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commis ion
FROM:
Eric M. Soro a, City
BY:
DATE:
SUBJECT: Request of iscayne Retail Partners, Ltd. for Site Plan approval and Non-
use Varian s associated with the taking of property by FOOT located at
19915 - 199 5 Biscayne Boulevard (09-SP-98 and 04-VAR-98)
July 7,1998 City Commi sion Meeting Agenda Item 3 ~ b
RECOMMENDATION
It is recommended that t e City Commission take the following actions with conditions
as outlined herein:
1) Approve the request or a non-use variance of open space not less than 13.42%;
and
2) Approve the request f r a monument sign not to exceed 144 sq. ft. in area and 18 ft.
in height located alon the west property line; and
3) Deny the request for directional sign, which exceeds the maximum size allowed by
the Code.
THE REQUEST
The applicant, Biscayne R tail Partners, Inc. is requesting Site Plan approval and Non-
use variances for the roperty known as Aventura Boulevard Shopping Center
(Border's/Linen's/Chili's). he request is being made to cure Non-conformities created
by FDOT's acquisition of portion of the subject property and to mitigate the impact of
the overpass on business isibility. The variances requested are as follows:
of the Miami-Dade County Code requiring 14%
(Provision of 13.42% landscape open space is
1. Variance from Chap er 33
landscaped open s ace.
proposed).
2. Variance from Sign
than 48 sq. ft. in are
monument sign.)
rdinance No. 97-17 permitting monument signs no greater
and 8 ft. in height. (Provision of 144 sq. ft. and 18' high
3. Variance from Sign rdinance No. 97-17 permitting directional signs no greater
than 4 sq. ft. in area and 3 ft. in height. (Provision of 27.5 sq. ft. and 5'-6" high
directional sign.)
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPER Y
SIZE OF PROPERTY
LEGAL DESCRIPTION
Zoning -
Biscayne Retail Partners, Ltd.
George Berlin
19915 - 19925 Biscayne Boulevard
(See Exhibit #2 for Location Map)
Approximately 5.92 acres
Tract "A-12" of "Aventura 12th Addition"
according to the plat thereof, as recorded in
Plat Book 146 at Page 19 of the Public
Records of Dade County, Florida.
BU-2, Special Business District
BU-2, Special Business District; RU-4, High
Density Apartment House District
BU-2, Special Business District
BU-2, Special Business District
Biscayne Boulevard and the FEC Railroad
Subject Pro erty:
Property to he North:
Property to he South:
Property to he East:
Property to he West:
2
Existing Land Use -
Subject Prop rty:
Property to t e North:
Property to t e South:
Property to t e East:
Property to t e West:
retail uses
multi-family residential
retail and office uses
retail and office uses
Biscayne Boulevard and the FEC Railroad
Future Land Use - Accor ing to the Adopted 2000 and 2010 Land Use Plan for Metro-
Dade County, Florida, the ollowing properties are currently designated as follows:
Subject Pro rty:
Property to t e North:
Property to t e South:
Property to t e East:
Property to t e West:
Business and Office
Business and Office
Business and Office
Business and Office
Biscayne Boulevard and the FEC Railroad
The Site - The subject ite is located at the northeast corner of Biscayne Boulevard
and Aventura Boulevard ( ee Exhibit #2 for Location Map). The site consists of retail
uses, which include Bord rs, Linens & Things and Chili's.
The Project - The tate of Florida Department of Transportation (FOOT) has
acquired a strip of the su ject property, varying from 30' to 70' in width along the west
(front) property line. The aking of land has decreased the amount of open space from
21.49% to 13.42% (14% r quired).
The proposed cure plan provides for only a slight reconfiguration of the front of the
parking lot. The main dri eway has been shifted to the north at the request of FOOT so
as not to interfere with he grade separation of the overpass ramp. The existing
monument sign is to be elocated further to the south and raised so that it is visible
from the overpass as ve icles are traveling south. A directional sign, which is larger
than that allowed by Cod ,is proposed at the relocated northern entrance.
Background - Befo the property was originally platted and developed, FOOT
gave the property owner heir right-of-way requirements for Biscayne Boulevard based
on preliminary plans. Th property owner then reserved the requested amount of right-
of-way by making this fro t strip of land extra landscaped open space. However, when
FOOT developed more d tailed plans of the overpass, it was determined that additional
land for right-of-way was needed to accommodate a wider two-lane access road under
the overpass.
3
ANALYSIS
Consistency with Comp hensive Master Plan - The request is not inconsistent
with the Dade County Co prehensive Development Master Plan.
Citizen Input - The ommunity Development Department has not received any
written or verbal comment regarding this application.
Review b
s:
DERM _ DERM has viewed the subject application and has determined that it
meets the minimum requi ements of Chapter 24 of the Code of Miami-Dade County,
Florida... Additionally, D RM has also evaluated the request insofar as the general
environmental impact th t may derive from it and after reviewing the available
information offers no obje ion to its approval.
FDOT - Florida Dep rtment of Transportation (FDOT) has been notified of the
present application, con istent with the requirements of Ordinance No. 97-21, and
FDOT is supportive of thi application.
nts
Landscape Architect - The City Landscape Architect has approved the proposed
Landscape Plan.
t Department Analysis -
Re uest #1:
14% landsca
proposed).
ter 33 of the Miami-Dade Coun
Provision of 13.42% landsca e
Criteria
The City Commission a opted Ordinance No. 97-21 providing for the policy and
procedure concerning N -Conformities created by governmental acquisition of private
property. Section 6.1 of he Ordinance lists criteria by which the City Commission is to
evaluate such variances. Staff has evaluated the requested variances as well as the
quality of the cure plans ccording to the criteria:
1) The requested varia ce(s) will not adversely affect visual, safety, aesthetic or
environmental chara teristics of the community.
The requested open spa e variance is very minor and would not adversely impact the
visual or aesthetic chara er of the community.
4
2) The requested varian e(s) will not adversely affect the safety of pedestrians or
the safe operation of otor vehicles.
The requested open spa variance will not adversely affect the safety of pedestrians
or the safe operation of m tor vehicles. The cure plan has been approved by the City
Engineer.
3) The requested varia ce(s) will not cause motor vehicle parking shortages
which adversely imp ct the community.
The cure plan continue to provide for adequate parking consistent with Code
requirements.
4) The requested varia ce(s) will not encourage or promote the continuation of
existing uses of the roperty which have been or will be rendered unfeasible
or impractical due t the acquisition and/or construction of the roadway or
other public facility i eluding, but not limited to, aesthetic, visual, noise, dust,
vibration, safety, Ian use compatibility and environmental impacts.
The cure plan submitte will not render the use of the property unfeasible or
impractical.
Re uest #3: Variance f om Si n Ordinance No. 97-17 ermittin directional si ns no
reater than 4 s . ft. in a ea and 3 ft. in hei ht. Provision of 27.5 s . ft. and 5'-6" in
height.)
Criteria
The criteria for approval of Sign Variances as required by the City of Aventura Sign
Ordinance (No. 97-17) re uire:
The sign variance m intains the basic intent and purpose of the regulations,
particularly as it affect the stability and appearance of the City and provided that
the Variance will be therwise compatible with the surrounding land uses and
would not be detri ntal to the community. No showing of unnecessary
hardship is required.
5
The requested variance r one (1) Monument Sign 18' high does not preserve or
enhance the unique aest etic character of the City. However, staff believes that the
additional height is warra ted due to the lack of visibility from the overpass, which is
elevated at approximately 5 feet.
The applicant is concern about visibility of the sign to drivers coming from the west
on Ives Dairy Road and hading south via the ramp onto Biscayne Boulevard. These
vehicles must cross three 3) lanes of traffic (in less than Yo mile) to get into the turning
lane for Aventura Bouleva d and enter the shopping center. The sooner the monument
sign is seen, the sooner a vehicle can cross the lanes of traffic. If the sign is not seen
until the vehicle is bac at grade, the turn onto Aventura Boulevard would be
unfeasible. The elevation renderings submitted with this application show what a driver
will see as the vehicle a proaches, heading south both 836' and 771' away from the
sign.
Staff realizes that the ove pass will likely have a negative impact, in terms of visibility,
on commercial uses in th area. The visibility of the Aventura Shopping Center from
the north is greatly re uced by the overpass. As the economic development
department of the City, S aff believes that the City must take measures to insure the
continued success of b inesses that may be affected by the construction of the
overpass. Since it is the i tent of the Sign Ordinance to authorize the use of signs that
are legible under the circ mstances in which they are seen, staff supports the request
for a larger monument sig in this case.
Staff does not support th request for one (1) Directional Sign larger than that allowed
by Code. Traffic approa hing the property from the south will first pass the proposed
18' high monument sign, which clearly identifies the property and business uses. A
directional sign consiste t with Code requirements is sufficient to notify northbound
traffic of the relocated ent ance.
Citizen Comments
The Community Develo ment Department has not received any written citizen
comments.
RECOMMENDATION
It is recommended that t e City Commission take the following actions with conditions
as outlined herein:
1) Approve the request or a Non-use variance of open space not less than 13.42%;
and
2) Approve the request f r a monument sign not to exceed 144 sq. ft. in area and 18 ft.
in height located alon the west property line; and
6
3) Deny the request for a irectional sign, which exceeds the maximum size allowed by
the Code.
STANDARD CONDITION
1. Plans shall substantiall comply with those submitted as follows:
. "Aventura Boulevard hopping Center Cure Site Plan for F.D.O.T. Taking Parcel
102", Dwg. No. SP-1 r, prepared by Arc-Tech Associates, Inc., dated revised 06-16-
98.
2. Applicant shall obtain uilding permits within 12 months of the date of the settlement
of the eminent domain proceedings of the site plan and variances granted shall be
deemed null and void nless extended by a motion of the City Commission.
PROJECT SPECIFIC CO DITIONS
1. The existing monume t sign located along the south property line shall be made to
conform to Code requ rements on or before June 3, 2000.
7
.-
BISCAYNE RETAIL P RTNERS L TO.
OvcJ..
...{/
oJ~~V
LEITER OF INTENT
April 3, 1998
RECEIVED
MAY 1 5 1998
The Honorable Arthur Snyde
Members of the Commission
CITY OF A VENTURA
2999 N.E. 191st St. - Suite 5 0
Aventura, Florida 33180
COMMUNITY DEVa
OPME1/r
Re: Aventura Boulevard Sopping Center
Ladies and Gentlemen:
The undersigned requests yo r favorable review and consideration to the following:
Anon-use variance 0 landscape open space requirements to allow for 13.41% (14%
required) on lands de ribed in the attached application.
The subject property is 10cat on the north side of Aventura Boulevard and the east side of
Biscayne Boulevard. As a re ult of a right-of-way taking, a substantial portion of the frontage of
the property is being eliminat d. Although the amount is minimal, the landscaping requirement is
no longer satisfied. For your eference, we have attached site plans and landscape plans which
show the full landscape treat ent of the site.
It is believed that'the reconfi red site will have essentially the same appearance from Biscayne
Boulevard, relative to the act al parking and building area. The area that is eliminated was a
wider landscape belt along Bi cayne Boulevard. There has also been some modification to
parking/drive aisles, however, we still satisfy the parking requirement. Another result of the right-
of-way taking requires the reI cation of the main drive into the site. As you will see on the
enclosed plan, we have reloc ed the driveway to the north of the existing site. We believe the
new location allows for prop vehicular circulation and proper ingress and egress through the
site.
We are filing this application' accordance with Ordinance #97-21. Based upon the criteria
established by the Ordinance, e do not believe that the variance adversely affects visual aspects,
safety, aesthetics, or enviro ental characteristics of the community. Further, we do not believe
the requested variance advers ly affects the safety of pedestrians, nor will it hamper the operation
of motor vehicles or create a arking shortage which would adversely impact the community. As
previously stated, we still sati fy the parking requirement.
EXHIBIT #1
2875 N.E. 191sl 1 Suite 4OO/Aventura, FL 33180/(305) 937-6200 Fax(30S) 9335511
The Honorable Arthur Snyde
Members of the City Comrni sion
Apri.l3, 1998
In our opinion, the requested ariance will not encourage or promote the continuation of existing
uses of the property which h e been, or will be, rendered unfeasible and impractical due to the
roadway acquisition.
The aforementioned landscap variance also necessitates the relocation and elevation of our
signage. As we all know, the proposed modification ofBiscayne Boulevard provides for an
elevated roadway system. A cordingly, we are taking our existing detached sign, raising the
pedestal and poles which sup ort it to a height of eighteen feet. (18'). Additionally, a secondary
directional sign will be provid d at the new proposed entrance. The non-residential sign criteria
allows for directional signs 0 four sq. ft. (4' X 4'). Our proposed sign, a low profile, pedestal sign,
which identifies the tenants a d provides a directional arrow, is five ft. x five ft. (5' x 5~. When
the sign ordinance was being eviewed, it was our understanding that the basic sign, as proposed
at that time, was not consider d to be offensive, even though it was not consistent with the
adopted sign ordinance. Acc rdingly, we are trying to maintain the original sign, but raising it to
counteract the elevated road ay system and relocating it to the south. Other than these sign
changes, the signage on the si e basically remains the same.
We recognize the need for th right-of-way taking. Based upon the taking, we are attempting to
adjust our site in order to pro . de the same accessibility and signage which currently exists. We
believe the modification pres ted for the landscaping, and particularly for the signage, will
accomplish our goal.
In closing, we again request y ur favorable review and consideration.
Sincerely yours, .
1~~
Id
Encl.
&
42e.
TRACT "A-12" OF "A NTURA 12th ADDITION" ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLA BOOK 146 AT PAGE 19
EXHIBIT #2
RESOLUTION NO.
A RESOLUTI N OF THE CITY COMMISSION OF THE
CITY OF AV NTURA, FLORIDA GRANTING APPROVAL
OF PROPE TY CURE FOR EMINENT DOMAIN
PROCEEDIN S FOR PROPERTY LOCATED AT 19915-
19925 BISCA NE BOULEVARD; GRANTING A NON-USE
VARIANCE F OPEN SPACE REQUIREMENTS TO
WAIVE 0.580 OF THE REQUIRED 14% OPEN SPACE
WHERE 1342% OPEN SPACE IS PROPOSED;
GRANTING SIGN VARIANCE TO PERMIT ONE (1)
MONUMENT SIGN LARGER THAN THAT ALLOWED;
DENYING SIGN VARIANCE FOR ONE (1)
DIRECTIONA SIGN LARGER THAN THAT ALLOWED;
PROVIDING N EFFECTIVE DATE.
WHEREAS, the pr perty described herein is zoned BU-2, Special Business
District; and
WHEREAS, the ap licant, Biscayne Retail Partners, Ltd., through Application
Nos. 09-SP-98, and 04-VA -98 is requesting Site Plan approval and the following non-
use variances in order t cure non-conformities created by Florida Department of
Transportation's (FOOT) a quisition of a portion of the subject property and to mitigate
the impact of the overpas on business visibility for that property located at 19915-
19925 Biscayne Boulevar :
1. Variance from Chapt r 33 of the Miami-Dade County Code requiring 14%
landscaped open spac . (Provision of 13.42% landscape open space is proposed).
2. Variance from Sign rdinance No. 97-17 permitting monument signs no greater
than 48 sq. ft. in are and 8 ft. in height. (Provision of 144 sq. ft. and 18' high
monument sign.)
Resolution No.
Page 2
3. Variance from Sign 0 inance No. 97-17 permitting directional signs no greater
than 4 sq. ft. in area nd 3 ft. in height. (Provision of 27.5 sq. ft. and 5'-6" high
directional sign.)
WHEREAS, the Flo da Department of Transportation (FDOT) has been notified
of the application, consist nt with the requirements of Ordinance No. 97-21, and is
supportive of the cure plan or the property; and
WHEREAS, the Co munity Development Department recommends approval of
the requests to the extent t e Application is granted, subject to conditions; and
WHEREAS, the Cit Commission has held a public hearing as provided by law;
and
WHEREAS, the Cit Commission finds that the Application meets the criteria of
the applicable codes and dinances, to the extent the Application is granted herein.
NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL RIDA, THAT:
Section 1. Applic tion Nos. 09-SP-98 and 04-VAR-98 requesting Site Plan
approval and the following non-use variances in order to cure non-conformities created
by Florida Department of ransportation's (FDOT) acquisition of a portion of the subject
property and to mitigate th impact of the overpass on business visibility:
1. Variance from Chapt r 33 of the Miami-Dade County Code requiring 14%
landscaped open spac . (Provision of 13.42% landscape open space is proposed).
2. Variance from Sign 0 dinance No. 97-17 permitting monument signs no greater
than 48 sq. ft. in area and 8 ft. in height. (Provision of 144 sq. ft. and 18' high
monument sign.)
Resolution No.
Page 3
on property legally describ d as:
Tract "A-12" of "A entura 12'h Addition" according to the plat thereof, as
recorded in Plat Bo k 146 at Page 19 of the Public Records of Dade County,
Florida. A1KlA 1991 -19925 BISCAYNE BOULEVARD AVENTURA, FLORIDA
are hereby granted subject 0 each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantiall comply with those submitted as follows, only to the extent
that the Application is g anted:
. "Aventura Boulevard Sopping Center Cure Site Plan for F.D.O.T. Taking Parcel
102", Dwg. No. SP-1r, repared by Arc-Tech Associates, Inc., dated revised 06-16-
98.
2. Applicant shall obtain b i1ding permits within 12 months of the date of the settlement
of the eminent domain roceedings of the site plan and variances granted shall be
deemed null and void u less extended by a motion of the City Commission.
PROJECT SPECIFIC CO DITIONS
1. The existing monumen sign located along the south property line shall be made to
conform to Code requi ements on or before June 3, 2000.
Section 2. The re uest for Variance from Sign Ordinance No. 97-17 to allow a
27.5 square foot, 5'-6" hig directional sign is hereby denied.
Section 3. The ap roved site plan will supercede all previously approved site
plans.
Section 4. The Cit Manager is authorized to cause the issuance of permits in
accordance with the app vals and conditions herein provided and to indicate such
approvals and conditions pon the records of the City.
Resolution No.
Page 4
Section 5. This esolution shall become effective immediately upon its
adoption.
The foregoing Resol tion was offered by Commissioner
who moved its adoption. T e motion was seconded by Commissioner
and upon being put to a vo ,the vote was as follows:
Commissione Arthur Berger
Commissione Jay R. Beskin
Commissione Harry Holzberg
Commissione Jeffrey M. Perlow
Commissione Patricia Rogers-Libert
Vice Mayor K n Cohen
Mayor Arthur . Snyder
PASSED AN ADOPTED this 7'h day of July, 1998.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGA SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed i the Office of the City Clerk this
day of July, 1998.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Moratorium Waiver Request - Joseph B. KaUer
July 7,1998 City Commission Meeting Agenda Item J- f
RECOMMENDATION
It is recommended that the City Commission grant the Waiver Request for the
moratorium subject to the enclosed conditions.
BACKGROUND
Ordinance No. 97-22 created a moratorium upon the issuance of development orders
concerning development within the Marina Area and Hospital Area within the City.
Section 2 of the Ordinance provides that the City Commission may grant a waiver when
the City Commission determines, based on substantial competent evidence, that the
specific use or activity will not detrimentally affect the preparation and implementation
of the City Plan and will be compatible with surrounding land uses.
The applicant proposes to construct a 2-story, 18,000-20,000 square foot professional
office building.
Property Information
Applicant:
Joseph B. Kaller
Joseph B. Kaller and Associates, P.A.
Owner of Property:
Mr. Ken Marlin, et al
Location:
between NE 206 Street and NE 207 Street, east of East
Dixie Highway (See Exhibit #1 for Location Map and Exhibit
#2 for an aerial photograph):
Legal Description:
Zoning:
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Land Use:
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Future Land Use Designation:
Proposed Use:
Proposed Variances:
Lots 12 through 30, Block 8 of Hallandale Park No.4, as
recorded in Plat Book 20, Page 49 of the public records of
Miami-Dade County, Florida.
BU-1, Neighborhood Business District
RU-3M, Minimum Apartment House District and
RU-2, Two-Family Residential District
BU-1, Neighborhood Business District
BU-1, Neighborhood Business District
East Dixie Highway and FEC Railroad right-of-way
vacant and one (1) single-family structure
residential (single-family)
vacant
retail
East Dixie Highway and FEC Railroad right-of-way
Business and Office
Professional Office Building
None identified at this time.
The City Commission has reached a preliminary decision regarding the Hospital Area's
Master Plan. It is proposed that the area be developed on the basis of business,
medical, multi-residential and office uses. Based on this policy, the property in
question would comply with the Master Plan criteria for the Hospital Area. The
proposed future land use contained in the Comprehensive Plan provides for
MedicallOffice uses in the area in question (See Exhibit #3). .
In order to ensure the proposal is in conformance with the Comprehensive Plan, the
following conditions are recommended:
1. That the waiver be granted to a specific project and owner.
2. That the owner apply for building permits within ninety (90) days or the waiver shall
be null and void. Building permits will only be issued upon compliance with South
Florida Building Code and the zoning code, as well as other regulatory agencies.
If you have any questions, please feel free to contact me.
EMS/blky
Attachment
Istaff reports/Moratorium Waiver - KaUer 070798
2
JOJEPI-J ~.
KAL LER
(,. AJJalATU PA
ARCHITECTURE' INTERIORJ' PLANNING
May 28, 1998
City of Avcntura
2999 NE 191 Street
Suite 500
Aventura, Florida 33180
Attention: Mr. Eric M. Soroka
City Manager
Referencc: Proposed Pro[essioaal Office Building
Located between 206 & 207 Street
Bounded on the West by East Dixie Highway.
(approximately 50,000 sq. ft. lot area)
Zoning: BU-l
Dear Mr. Soroka:
I am the Architect that has been selected for the above referenced project. Pursuant to my meeting wi~h
the Developer and with Clly Planner Amy E. Skiles, we are writing this letter.
'Ne arc proposing tc bt.J1J ii Fir$t. Cia~,~ Professional Office Building on this sHe. The proposed office
building is in conformance with the local A\T;l'l.Ira zoning laws. The building wiII be a 2 ,story structure.
containing approximately 18,000-20,000 sqnare fcet.
As per our conversation with Amy E. Skiles, there is an existing building moratorium ill effect ill the City
of -Avcilti.lfa. We ~lrc requesting a waiver orthe moratorium, thus allowing us to proceed wilil the
development of this project. II is om iHtent to present in detail this project at the Avcntura Commission
meeting on Junc 9, 1998, ill order to obtain approval from the Commission members.
RECEIVED
MAY Z 9 1998
OFFIC~ OFTHE
CITY MANAGER
2417 HOLLYWOOD BOULEVARD. HOLLYWOOD, FLORIDA 33020
PHONE: 954/920-5746 1-800-481-2647 FAX: 954/926-2841
May 29, 1998
Mr. Eric M. Soroka
Page Two
It is our opiuion that the proposed project fulfills an apparent need of high end office space in the
City of A ventura. In addition, the timing of the proposed construction of this project would appear to
have a minimal impact on the community, due to the residential, retail, and D.O.T. construction currently
in progress in the area.
Thank you in advance for your prompt review and consideration of our proposed project. Please call
me at (954) 920-5746 with any conunents or questions you may have regarding this letter. We are
looking forward to working with the City of A ventura on a project that we all can be proud of.
r;::;r1J~
Joseph B. Kaller , President
Joseph B. Kaller and Associates, P.A.
cc: Amy Skiles, City Planner
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MINUTES
CITY COMMISSION MEETING
T ESDAY, JUNE 9, 19986:00 P.M.
Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDERlRO L CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Harry Holzberg, Jeffre M. Perlow, Vice Mayor Ken Cohen, Mayor Snyder, City
Manager Eric M. Sorok , City Clerk Teresa M. Smith, and City Attorney Stephen Jay
Helfman. Commission r Patricia Rogers-Libert was absent due to illness. As a
quorum was determine to be present, the meeting commenced.
2. PLEDGE OF ALLEGIA CE: Harry Bavely led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communicatio s by Commissioners, if any, were disclosed and filed with
the City Clerk in accord nce with Ordinance 96-09. All witnesses giving testimony in
this hearing were swor in by the City Clerk.
A. Mr. Helfman ead the following motion by title:
MOTION T
FROM MO
CITY MANA
APPROVE REQUEST BY YOAV MEIR FOR WAIVER
TORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN
ER'S MEMORANDUM DATED JUNE 1, 1998
A motion for approv I was offered by Vice Mayor Cohen and seconded by
Commissioner Beskin. Mayor Snyder opened the public hearing. The applicant,
Yoav Mier, 2741 NE 14 Terrace, addressed the Commission. There being no
further speakers, the p blic hearing was closed. The motion for approval failed 3-3,
with Mayor Snyder, Vi e Mayor Cohen and Commissioner Beskin voting yes and
Commissioners Berger Holzberg and Perlow voting no.
B. Mr. Helfman ead the following resolution by title:
A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING UNUSUAL USE APPROVAL TO
PERMIT OU DOOR PATIO AND TABLE SERVICE IN CONNECTION
WITH A RES AURANT, TO CHEESECAKE FACTORY, INC., LOCATED
AT 19501 BI CAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. Brenda Kelley, Community Development Director, reviewed
staff's recommendatio. Mayor Snyder opened the public hearing. The following
individuals addressed the Commission: Nancy Terminello, Esq., 2700 SW 37
Avenue; and George . Berlin, 1940 NE 194th Drive, North Miami Beach. There
being no further speak rs, the public hearing was closed. The motion for approval
passed unanimously a d Resolution No. 98-49 was adopted.
Commissioner Perlow I ft the meeting at this time.
C. Mr. Helfman ead the following resolution by title:
A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY
APPROVED RESOLUTION NO. 4-ZAB-134-79; APPROVING THE
AUTOMOBI E AND LIGHT TRUCK, NEW SALES AGENCY OR
RENTAL U E AS REQUIRED PURSUANT TO SECTION 33-247 OF
THE MIAMI- ADE COUNTY CODE; APPROVING THE REQUESTED
NON-USE ARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY C DE REQUIRING A DECORATIVE MASONRY WALL AT
LEAST FIVE FEET IN HEIGHT TO ENCLOSE THE VEHICLE STORAGE
AREA WHE E A PROVISION OF A PARTIAL MASONRY WALL TO
THE FRON OF THE PROPERTY ONLY IS PROPOSED; APPROVING
THE REQU STED NON-USE VARIANCE FROM CHAPTER 33 OF THE
MIAMI-DAD COUNTY CODE REQUIRING A CONTINUOUS,
DENSELY LANTED GREENBELT OF NOT LESS THAN FIFTEEN
FEET IN WI TH WHERE A PROVISION OF A NINE (9) FOOT WIDE
INTERRUPT D GREENBELT IS PROPOSED; APPROVING A
VARIANCE ROM CITY ORDINANCE NO. 97-17 ALLOWING TWO (2)
SIGNS ON MASONRY WALL IN LIEU OF ONE (1) FREESTANDING
MONUMEN SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN
FOR PROP RTY LOCATED AT 17800 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
2
A motion for approv I was offered by Vice Mayor Cohen and seconded by
Commissioner Holzber. Stanley Price, Esq., 2500 First Union Financial Center,
addressed the Commis ion. Ms. Kelley explained the request and recommendation
of Staff. Mayor Sny er opened the public hearing. The following individuals
addressed the Commi sion: Ron Silver, Esq., 2750 NE 187th Street, representing
the applicant; Mr. Pri e, also representing the applicant; Jose Tunon, Project
Architect; Applicant Dr w Wolf, 19105 Biscayne Blvd.; Mr. Berlin; Bill Rosenberg,
Landscape Architect; 0 Rosenberg, Commodore Plaza; Marcel Pina, Point East;
Naomi Stack, Point Ea t; Paul Lavin, Point East; Ann Lavin, Point East; Myra Itchko,
Del Prado; Harry Bavel , Del Prado; Un Feldman, Del Prado. There being no further
speakers, the public he ring was closed. An amendment was offered by Vice Mayor
Cohen, seconded by ommissioner Berger and unanimously passed to amend
Section 2 to provide a proval for automobile and sport utility vehicle rental only, to
provide that no sales e allowed; delete Specific Condition #10 of the resolution,
amend Specific Conditi n #3 to provide that applicant provide to the City a removal
bond in an amount equ I to the cost of removal of the billboard in the event it is not
removed by June 1, 999, and inclusion of revised staff recommendations and
conditions, including a ditional Condition #11 and subject to the applicant providing
an estoppel agreemen to the City. The motion for approval of the resolution, as
amended, passed una imously (5-0) and Resolution No. 98-50 was adopted.
D. Mr. Helfman ead the following resolution by title:
A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY
APPROVED RESOLUTION NO. Z-9-89; DENYING THE REQUESTED
NON-USE ARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY C DE REQUIRING A MINIMUM SIDE STREET SETBACK OF
FIFTEEN (1 ) FEET WHERE A PROVISION OF ZERO (0) FOOT SIDE
STREET S TBACK IS PROPOSED; DENYING THE REQUESTED
NON-USE ARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY C DE REQUIRING A MINIMUM FRONT YARD SETBACK OF
TWENTY (2 ) FEET WHERE A PROVISION OF ZERO (0) FOOT FRONT
SETBACK I PROPOSED ALL WITH CONDITIONS AS OUTLINED
HEREIN F R PROPERTY LOCATED AT 17866-17870 BISCAYNE
BOULEVAR ; PROVIDING AN EFFECTIVE DATE.
Mr. Price, on behalf the applicant, requested that this matter be deferred. A
motion to defer this h aring was offered by Vice Mayor Cohen and seconded by
Commissioner Beskin The motion passed, 3-2, with Vice Mayor Cohen,
Commissioners Holz erg and Beskin voting yes and Mayor Snyder and
Commissioner Berger oting no.
E. Mr. Helfman ead the following resolution by title:
3
A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA; GRANTING APPROVAL OF MULTI-TENANT
CENTER SI N GRAPHICS FOR SIGNAGE FOR CHAMPION RETAIL
PLAZA LOC TED AT THE EAST SIDE OF BISCAYNE BOULEVARD
BETWEEN E 191 STREET AND NE 193 STREET; PROVIDING AN
EFFECTIVE ATE.
Ms. Kelly explained th request of the applicant. Mr. Helfman interrupted and
requested that discussi n on this item be tabled. After motion made, seconded and
unanimously passed, it m 3-E was tabled.
Mr. Helfman advised th t pursuant to the City Charter, four votes of the Commission
were necessary to ap rove the deferral previously voted on in item 3-D. After
discussion, a motion to defer item 3-D was offered by Vice Mayor Cohen, seconded
by Commissioner Ho berg and passed 4-1, with Vice Mayor Cohen and
Commissioners Berger, Beskin and Holzberg voting yes and Mayor Snyder voting
no.
After motion made, sec nded and unanimously passed, item 3-E was removed from
the table. Commission r Perlow returned to the meeting at this time. A motion for
approval of item 3-E was offered by Vice Mayor Cohen and seconded by
Commissioner Holzber. Mayor Snyder opened the public hearing. The following
individuals addressed he Commission: Mr. Berlin; Phil Ward, Architect for the
applicant; Brian Herbe , Gallo Architects; and Leonard Geller, Commodore Plaza.
There being no furthe speakers, the public hearing was closed. Commissioner
Perlow offered a molio to amend to eliminate at least one of the bank signs. The
motion died for lack of a second. A motion to amend the resolution by amending
Section 1 to delete 6); t provide for approval of the criteria by the City Manager; and
clarify reference to th amended plans was offered by Commissioner Beskin,
seconded by Commis ioner Perlow and unanimously passed. The motion for
approval of the resolut on, as amended, was unanimously passed and Resolution
No. 98-51 was adopte .
4. APPROVAL OF MINU ES: Mr. Berger requested that the minutes of the May 28,
1998 Workshop be am nded to clarify in item 4 that the term "computer" includes a
printer. A motion to a rove the minutes of the May 19, 1998 Commission Meeting
and the May 28, 1 98 Workshop Meeting, as amended, was offered by
Commissioner Perlow, econded by Vice Mayor Cohen and unanimously approved.
A motion was offered by Commissioner Perlow and seconded by Commissioner
Berger to place a mot on to reconsider the Hidden Bay internal sign issue on the
August 4, 1998 Commi sion meeting and that the appropriate notices be provided to
4
the affected property 0 ers. The motion passed 4-1, with Vice Mayor Cohen
voting no.
5. SPECIAL PRESENTAT ONS: None
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. CONSENT AGENDA: ice Mayor Cohen requested removal of item 7-C from the
Consent Agenda. Com issioner Beskin requested removal of item 7 -D from the
Consent Agenda. Com ission Perlow requested removal of item 7 -E from the
Consent Agenda.
A motion to approve th items remaining on the Consent Agenda was offered by
Commissioner Perlow, seconded by Commissioner Beskin, unanimously passed
and the following action s taken:
A. Resolution 9 -52 was adopted as follows:
A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE HE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMEN BETWEEN COUNTRY CLUB ESTATES HOMEOWNERS
AND MAINT NANCE ASSOCIATION AND THE CITY OF AVENTURA;
AUTHORIZI G THE CITY MANAGER TO DO ALL THINGS
NECESSAR TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVI ING AN EFFECTIVE DATE.
B. Resolution o. 98-53 was adopted as follows:
A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF DAN
EICHMANN TO THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND
PROVIDING N EFFECTIVE DATE.
MOTION 0 ADOPT CITY MANAGER'S PERFORMANCE
EVALUATIO PACKAGE AS OUTLINED IN EXHIBIT "A".
F. The followin motion was approved:
The followi items were removed from the Consent Agenda and
addressed s parately:
C. Mr. Soroka r ad the following resolution by title:
5
A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE HE ATTACHED POLICE SERVICES AGREEMENT
BETWEEN HE CITY OF AVENTURA AND AVENTURA MALL
VENTURE; UTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSAR TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVI ING AN EFFECTIVE DATE.
A motion for approva was offered by Commissioner Beskin and seconded by
Commissioner Holzber . A motion was offered by Vice Mayor Cohen to amend the
renewal clause. The a endment died for lack of a second. The motion for approval
was unanimously pass d. Thus, Resolution No. 98-54 was adopted.
D. Mr. Helfman ead the following ordinance by title:
AN ORDIN NCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANC ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISIN THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET A OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZI G THE CITY MANAGER TO DO ALL THINGS
NECESSAR TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve t e ordinance on first reading was offered by Commissioner
Beskin and seconded y Commissioner Holzberg. An amendment was offered by
Commissioner Beskin, econded by Commissioner Berger and unanimously passed
to change the dates 0 pages 1 and 2 from 1996/97 to 1997/98. The motion for
approval of the ordina ce, as amended, passed unanimously (5-0). Vice Mayor
Cohen was not presen for the vote.
E. Mr. Helfman ead the following motion:
MOTION T UTILIZE THE REQUEST FOR QUALIFICATIONS
GUARANTE 0 MAXIMUM PRICE CONSTRUCTION MANAGEMENT
SERVICES ROCESS TO CONSTRUCT THE GOVERNMENT CENTER
AS OUTLlN 0 IN CITY MANAGER'S MEMORANDUM.
Rick Buell, Michael Shi & Associates, Mr. Berlin, and Cesar Phillips addressed the
Commission. A motion for approval was offered by Commissioner Beskin, seconded
by Commissioner Berg r and passed unanimously.
6
8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Helfman read
the following ordinan by title:
AN ORDINANCE F THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 2-348 0 THE CITY CODE ENTITLED "SCHEDULE OF CIVIL
PENALTIES" TO U DATE THE CIVIL PENALTIES SCHEDULE FOR CODE
VIOLATIONS; P OVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY, A D PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. motion for approval was offered by Commissioner Berger
and seconded by Vice ayor Cohen. An amendment was offered by Commissioner
Perlow, seconded by ayor Snyder and unanimously passed to amend (a) to
provide that these pen Ities are in addition to any other legal remedies available to
the City. The motion fo approval, as amended, unanimously passed by roll call vote
and Ordinance No. 98- 7 was enacted.
9. RESOLUTIONS: Mr. H Ifman read the following resolution by title:
RESOLUTION OF HE CITY COMMISSION OF THE CITY OF AVENTURA
FLORIDA, CONCE NING COMMUNICATION BY MEMBERS OF THE CITY
COMMISSION WI H OTHER GOVERNMENTAL ENTITIES AND PUBLIC
PRESENTATIONS; PROVIDING STANDARD OF CONDUCT FOR MAYOR
AND COMMISSION RS; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. Commissioner Berger offered a motion to amend section
2(b) to provide that this shall not prohibit members of the Commission from seeking
from other government I entities information relating to matters concerning the City.
The motion died for lac of a second. The motion for approval passed unanimously
and Resolution No. 98 55 was adopted.
10.0THER BUSINESS: ne
11. REPORTS: As presen ed.
12. PUBLIC COMMENTS. The following individual addressed the Commission:
Don Brodey, Williams I land.
13. ADJOURNMENT. Th re being no further business to come before the Commission
7
at this time, after moti n made, seconded and unanimously passed, the meeting
adjourned at 10 p.m.
Approved by the Commiss on on
Teresa M. Smith, CMC, City Clerk
Anyone wishing to appeal any d ision made by the City Commission with respect to any matter considered
at a meeting or hearing will need record of the proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceed ngs if made, which record includes the testimony and evidence upon which
the appeal is to be based.
8
CITY OF AVENTURA
OUNCIL WORKSHOP MEETING
JUNE 30,1998- 9:00 A.M.
Aventura Government Center
2999 NE 191" Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Vice Mayor Ken Cohen. Present
were Commissioners A hur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M.
Perlow, Patricia Roge -Libert, Vice Mayor Cohen, Mayor Arthur I. Snyder
(arrived at 9:10 a.m.), ity Manager Eric M. Soroka, City Clerk Teresa M. Smith
and City Attorney David M. Wolpin.
1. Munici al Publi Transit Stud Recommendation: Fernando Alonso,
Bermello, Ajamil & Partners, prepared and reviewed the transit study.
Commission exp essed concerns as to the length of time of each route.
Consensus of C mmission to authorize the City Manager to proceed with
the bus service and continue the process, amending certain routes to
address concern stated.
FOOT Prelimin
Hi hwa Conn ctor: Representatives from the Florida Department of
Transportation p esented the study to the Commission. Commissioners
expressed conc rns as to the contradictions in the study as presented and
representations ade to the City previously by FOOT staff. Consensus to
defer this matter for further discussion with FOOT and review by the City
engineer.
2. Libra Feasibi i Stud: Mr. Soroka reviewed a feasibility study, as
prepared by Sta , to create a tri-city library. (Commissioner Perlow left
the meeting at his time - 10:30 a.m.) Consensus of Commission to
accept Manag r's recommendations and proceed with interlocal
agreement ne tiations with participating cities and the County.
Commissioner erger suggested that increased quality of cultural
programs be ad ed to the recommendations in the Manager's study.
3. uasi-Judicial atters Commissioner Beskin: Commissioner Beskin
discussed his r cent memorandum to lobbyists regarding ex-parte
communications. City Attorney requested to draft a policy for
Commission's r iew to prohibit any statements from Commissioners
regarding quasi-j dicial matters prior to the public hearing at which the
matter is heard.
4. Celebri Classic: City Manager authorized to proceed with
City's participatio in the Grand Slam Celebrity Pro Am Classic scheduled
for November 19 8. Commission requested increased marketing.
5.
6. Aventura Cha ber of Commerce PRIDE Pro osal: Jill Edison,
Executive Direct r of the Aventura Chamber of Commerce, spoke to the
Commission rei ive to this proposal which would solicit donations from
individuals and corporations to purchase pavers for Founders Park,
engraved with d nor's name. Consensus of Commission to participate to
the extent of pa ers only. City Manager to discuss further with Chamber
representatives nd place on August Commission meeting agenda.
7. Other Busines Other items discussed include: request for City
approval of con truction of an Erev area by residents in the Biscayne
Cove, Lincoln Pint and Williams Island area; proposed schedule for
renovation of ne fire sub-station at Point East; ribbon-cutting ceremony
for Aventura Bo levard improvements (last week in July in the evening);
Comprehensive Plan public hearing (July 20 at 7 p.m.); banners for
Iightpoles (selec d use of alternate colored banners).
The meeting adj urned at 12 noon.
Teresa M. Smith, CMC, City Clerk
Approved by the Com ission on
,1998.
CITY OF AVENTURA
FFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commis ion
ns at the Intersection of Point East and
FROM:
Eric M. Soro a, City
DATE:
SUBJECT: Resolution
Biscayne B
July 7,1998 City Commi sion Meeting Agenda Item!l..:..A
As per the City Commi sion's request at the last meeting, attached hereto is a
Resolution opposing the c eation of U-Turns at the subject intersection.
If you have any questions, please feel free to contact me.
EMSlaca
Attachment
CC0594-98
ESOLUTION NO.
A RESOLUT ON OF THE CITY COMMISSION OF THE
CITY OF AV NTURA, FLORIDA OPPOSING U-TURNS AT
THE INTER ECTION OF THE ENTRANCE TO POINT
EAST CON OMINIUM AND BISCAYNE BOULEVARD;
AND PROVI NG AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura is concerned about the
safety of the residents ente ing and existing the Point East Condominium; and
WHEREAS, this Co mission is opposed to allowing u-turns at the intersection of
the entrance to Point East Condominium and Biscayne Boulevard in order to maintain
the safety of area resident .
NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL RIDA, THAT:
Section 1. The C ty Commission of the City of Aventura is opposed to the
creation of u-turns at the i tersection of Biscayne Boulevard and the entrance to the
Point East Condominium.
Section 2. The C y Manager is directed to notify the Florida Department of
Transportation, the Mia i-Dade County Public Works Department, and local
Legislative Representative of the adoption of this Resolution.
Section 3. This esolution shall become effective immediately upon its
adoption.
The foregoing Res lution was offered by Commissioner
, who
moved its adoption. The otion was seconded by Commissioner
, and
upon being put to a vote, t e vote was as follows:
Resolution No. 98-
Page 2
Comm ssioner Arthur Berger
Comm ssioner Jay R. Beskin
Comm ssioner Harry Holzberg
Comm ssioner Jeffrey M. Perlow
Comm ssioner Patricia Rogers-Libert
Vice ayor Ken Cohen
Mayor Arthur I. Snyder
ADOPTED this y'h day of July, 1998.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
ARTHUR I. SNYDER, MAYOR
APPROVED AS TO LEGA SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
FFICE OF THE CITY MANAGER
MEMORANDUM
DATE: June 22, 199
TO: City Commis ion
FROM:
SUBJECT: Resolution Authorizing xecution of Local Hazard Mitigation
Strategy Int rlocal Agreement
July 7, 1998 City Commi sion Meeting Agenda Item !1..::...b
It is recommended that th City Commission adopt the attached Resolution authorizing
execution of the Local Ha ard Mitigation Strategy Interlocal Agreement with the County.
The City will receive $1 ,000 to develop a list of projects, in conjunction with the
County, to prepare a strat gy to address disasters.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0593-98
THE CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
ME NDUM
TO:
Eric M. roka, City
FROM:
Jules Be is, Adminis
DATE:
June 22, 1998
sistant to the City Manager r
RE:
Local H zard Mitigation Strategy Interlocal Agreement
The City of Aventura s participating with other municipalities and Miami-Dade
County in developing Local Hazard Mitigation Strategy. The City will receive
$15,000 to develop thi strategy with the County.
Funds for cities withi Dade County will be granted to the County, and then
subgranted to individu I cities after they have agreed to develop a local hazard
mitigation strategy in ordination with the County. Working with the County via
workshops, the City ill develop a list of prioritized projects to include in the
County's Local Hazard Mitigation Strategy.
This is a pilot project f r the country, partially funded by FEMA and the State. It
is not linked to Comp Ian requirements nor should it be seen as regulatory. It
is solely a proactive pproach to emergency management and an attempt to
bring additional state nd federal funds to areas that are affected the most by
disasters.
The attached agreem nt must be approved by the City Commission in order to
move forward with the trategy.
ESOLUTION NO.
A RESOLUT ON OF THE CITY COMMISSION OF THE
CITY OF AV NTURA, FLORIDA AUTHORIZING THE CITY
MANAGER T EXECUTE THE ATTACHED INTERLOCAL
AGREEMEN BETWEEN MIAMI-DADE COUNTY AND
THE CITY 0 AVENTURA FOR JOINT COMPLETION OF
A LOCAL MI IGATION STRATEGY; AND PROVIDING AN
EFFECTIVE ATE.
NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL RIDA, THAT:
Section 1. The C y Manager is hereby authorized to execute the attached
Interlocal Agreement betw en Miami-Dade County and the City of Aventura for Joint
Completion of a Local Miti tion Strategy.
Section 2. This esolution shall become effective immediately upon its
adoption.
The foregoing Res lution was offered by
adoption. The motion was econded by
put to a vote, the vote was s follows:
who moved its
, and upon being
Commissione Arthur Berger
Commissione Jay R. Beskin
Commission Harry Holzberg
Commission Jeffrey M. Perlow
Commission Patricia Rogers-Libert
Vice Mayor n Cohen
Mayor Arthur I. Snyder
PASSED AND ADO TED this y'h day of July, 1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGA SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANA ER
May 7, 1998
GOVERNMENT CENTER
2999 N.E. 191sT STREET
SUITE 500
AVENTURA, FLORIDA 33180
Mr. Charles V. Lanza
Director
Office of Emergency nagement
5600 SW 87 Ave.
Miami, FL 33173-161
Dear Mr. Lanza:
This letter of intent is to advise the County that the City of Aventura will be fully
participating in the reation of the Local Hazard Mitigation Strategy. My
administrative assista t, Jules Bevis, will be the contact person.
Should you have an questions or need additional information regarding this
letter, please call JuJe at 466-8911.
Sin
EMS/jb
CM0721-98
PHONE: 305-466-8910' FAX: 305-466-8939
INTERLOCAL AGREEMENT
FOR JOINT CO PLETION OF A LOCAL MITIGATION STRATEGY
This Interlocal Agreement is eing entered into this _ day of , 1998, by and between
Miami-Dade County ("Co ") and the City of ("City") in order to jointly
complete a Local Mitigatio Strategy as described in the attached Scope of Work and in the_
Department of Community Affairs (DCA) publication The Local Mitigation. .strategy: a
Guidebookfor Florida Citie and Counties, hereafter referred to as "the Guidebook."
It is agreed that the City all assist in the development of the Local Mitigation Strategy
("LMS") using the Guideboo as well as other applicable guidance. The City shall participate in
this process in order to achie e a single, unified LMS for the County.
It is agreed that the County '11 pay compensation at the end of each contract period based on
completion of activities iden 'fied in this Scope of Work. The payment will be made after the
subcontractor submits all de . verables, within the scheduled time frame, and a determination is
made by the County that e City has satisfactorily completed the pertinent activities and
deliverables. All payments .11 be made as soon as possible, following receipt of payments from
the DCA, to the County.
It is agreed that at the end 0 the first contract period, the City may be paid twenty (20) percent
of the total contract amount, enty (20) percent at the end of the second contract period, forty
(40) percent at the end of the third contract period, and the remaining twenty (20) percent of the
total contract amount at the e d of the fourth and flllal contract period. The City shall submit all
deliverables in the format pr scribed by the County. The final deliverable shall be an agreed-
upon local mitigation strate document submitted by the County to the DCA.
This agreement shall remai in effect throughout the life of the Local Mitigation Strategy
program, currently schedule to expire July 1, 1999. This agreement may be modified by the
mutual written consent ofbo parties and as required by revisions to the statute. This agreement
may be terminated by either arty provided that such termination be given in writing to the other
party at least ninety (90) day prior to the date of termination.
IN WITNESS WHEREOF parties hereto have caused this Agreement to be executed by their
duly authorized officers this ay and year first above written.
For: City of Aventura
For: Miami-Dade County
Eric M. Soroka
City Manager
SCOPE OF WORK
Purpose
The City shall assist in the development of the Local Mitigation Strategy (LMS) using the
Department of Community Affairs (DCA) publication The Local Mitigation Strategy: a
Guidebookfor Florida Citie and Counties, hereafter referred to as "the Guidebook," as well as
other applicable guidance. e City shall participate in this process, in order to achieve a single,
unified Local Mitigation Stra egy for Miami-Dade County. . .
Pa ment and Deliverables chedule
The County will pay compe ation at the end of each contract period based on completion of
activities identified in this s pe of work. The payment will be made after the City submits all
deliverables, listed below, wi .n the scheduled time frame, and a determination is made by the
County that the City has sa sfactorily completed the pertinent activities and deliverables. The
City shall submit an invoice to the County for payment of compensation at the conclusion of
each contract period. All yments will be made as soon as possible, following receipt of
payments from the Departme t of Community Affairs to the County.
At the end of the first contr ct period, the City may be paid twenty (20) percent of the total
contract amount, twenty (20) percent at the end of the second contract period, forty (40) percent
at the end of the third contrac period, and the remaining twenty (20) percent of the total contract
amount at the end of the fo and final contract period. The City shall submit all deliverables
in the format prescribed by e County. The flllal deliverable shall be an agreed-upon local
mitigation strategy document submitted by the County. All submissions to the County shall be
addressed to:
I. First contract period - to be determined
A. Identify the unicipal contact person for this subcontract, to include phone
number and f: number.
B. At least one unicipal representative shall actively participate in all Working
Group meetin s.
C. A municipal r presentative shall actively assist in the development of procedures
to resolve c ict between government entities that may arise from the
development 0 the local mitigation strategy.
D. A municipal epresentative to the Working Group shall actively assist in the
development f evaluation criteria and procedures, to regularly review, update
and revise the ocal mitigation strategy.
E. A municipal epresentative to the Working Group shall actively assist in the
development community guiding principles. These principles will:
1. Provide a listing of municipal agencies and mitigation functions they
perfo . Include a narrative description of how these agencies help reduce
losses fi om hazards.
2. Provide a listing on existing municipal policies, ordinances and programs
that affi ct mitigation.
Scope of Work
Local Mitigation Strategy
Page 2
II. Second contract per od - Deliverables due by September 15, 1998
A. As outlined i section 4 of the Guidebook and drawing from the evaluation of
existing mitig tion policies, ordinances and programs completed in the previous
contracting p iod, actively assist in the development of:
1. A sing list of mitigation goals and objectives that will serve to guide a
coordi ted and comprehensive strategy to address hazard mitigation.
2. An an ysis of how existing policies, ordinances and programs could be
stren ened to achieve the mitigation goals and objectives of the
'ty.
3. A d identification and vulnerability assessment, assist III the
identifi ation of municipal data and data sources, and assist ill the
collecti n of data.
4. The id ntification of private sector interest, and methods for private sector
involv ent.
5. Proced es to prioritize municipal and county mitigation initiatives.
III. Third contract peri d - deliverables due March 15, 1999
A. A municipal epresentative to the Working Group shall actively assist in the
gathering oft e following information:
1. Critica facilities inventory.
2. Listing of other public buildings and facilities.
3. Repetit ve loss data.
4. Hazard us materials sites.
5. Histori al flood data.
B. Subcontractor shall submit a list of potential mitigation initiatives which:
1. Reduce vulnerability.
2. Study and identify cost beneficial mitigation activities, including
engine ring studies.
3. ldenti mitigation initiatives found in existing local government Capital
lmprov ment Plans for future funding consideration.
4. Reco end program and policy actions and revisions to further promote
effecti e hazard mitigation.
C. A municipal epresentative to the Working Group shall actively assist in the
identification f potential funding sources.
D. Subcontracto shall review and comment on all hazard identification and
vulnerability ssessment activities conducted by the County and on the list of
potential miti ation initiatives.
IV. Fourth contract per od - deliverables due by July 1, 1999
A. Subcontracto shall agree to the final local mitigation strategy as a compiled
document to e submitted to the local governing body for formal adoption.
CITY OF AVENTURA
FFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Resolution dopting in Principle the Capital Improvement Program
Document 1 98/99 to 2002/03
July 7,1998 City Commi sion Meeting Agenda Item lC-
RECOMMENDATION
It is recommended that th City Commission adopt the attached Resolution adopting, in
principle, subject to ann al revisions and authorization, the Capital Improvement
Program for 1998/99 to 20 2/03.
BACKGROUND
The 1998/99 to 2002/03 apital Improvement Program document represents the first
update of the CIP that wa originally prepared for the five-year cycle of 1997 to 2002.
The document was review d at the May Commission Workshop Meeting.
Over eighty (80) copies of he document and a cover letter advising them of the meeting
were distributed to the vari us condominium boards in the City and major businesses.
Once the CIP is adopted, he first year 1998/99 will be incorporated into the proposed
1998/99 budget.
If you have any questions, please feel free to contact me.
EMSlaca
Attachment
CC0597-98
RESOLUTION NO. 98-_
A RESOLUT ON OF THE CITY COMMISSION OF THE
CITY OF VENTURA, FLORIDA, ACCEPTING AND
ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL
REVISION ND AUTHORIZATION, THE CITY OF
AVENTURA CAPITAL IMPROVEMENT PROGRAM
DOCUMENT FOR FISCAL YEAR 1998/99 TO 2002103;
AUTHORIZIN THE CITY MANAGER TO DO ALL THINGS
NECESSAR TO CARRY OUT THE AIMS OF THIS
RESOLUTIO ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the C pital Improvement Program document for fiscal years
1998/99 to 2002/03, aUa ed hereto was presented and recommended to the City
Commission of the City f Aventura by the City Manager as a long term plan of
proposed capital expend it res, the means and methods of financing the projects and
an action plan for the impl mentation of the projects; and
WHEREAS, the Ci y Commission recognizes the need to adopt a Capital
Improvement Program to address Beautification and Parks, Roads, Drainage and
Infrastructure Improveme ts, Public Buildings and Facilities, Communications and
Computers and Capital quipment Purchase and Replacement which represents a
high quality of life for all re idents; and
commitment by the com nity toward achievement and maintenance of a desirable
WHEREAS, the Ci y Commission recognizes the need to formulate a Capital
Improvement Program whi h adopts a sound financing plan that includes both pay-as-
you-go and bond financin . The proposed Capital Improvement Program document for
fiscal years 1998/99 to 2 02/03 reflects the need to issue aproximately $19.3 million
dollars in debt, not includi g bond financing costs and reserves, to fund several of the
Resolution No. 98-_
Page 2
projects included in the pi n. The City Commission pledges that during their current
term of office, they will ot take action to increase ad valorem taxes to support
additonal debt service req irements other than what is provided for in the proposed
Capital Improvement Progr m document or required by the City's Comprehensive Plan
or such other County or S ate legislation requring or causing same, without a vote of
the electors of the City of Aventura. However, in no event shall the public's health,
safety, welfare or best i terests be jeopardized or the City's ability to react to
unforeseen emergencies r provide services to the community be limited in order to
WHEREAS, in the vent operating expenditures increase at a higher level than
avoid additional debt or t increases.
expected, or unanticipated events reduce key revenue sources, on an annual basis the
City Commission will ende vor to reprioritize projects or revise the schedules in order
WHEREAS, the ity Commission has reviewed the Capital Improvement
to eliminate the need for ad valorem tax rate increases during the next four years
(1998-2002). However, i no event shall the public's health, safety, welfare or best
interests be jeopardized r the City's ability to react to unforeseen emergencies or
provide services to the co munity be limited in order to avoid tax increases.
WHEREAS, nume ous presentation meetings were held at the various
condominiums within the ity to obtain citizen input; and
Program document at a p blic meeting of the City Commission and wishes to adopt
said document in concept.
Resolution No. 98-_
Page 3
NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL RIDA, THAT:
Section 1. The C ty Commission of the City of Aventura hereby accepts and
adopts in principle, subjec to annual revisions and authorization, the City of Aventura
Capital Improvement Prog am document for fiscal years 1998/99 to 2002/03 attached
hereto and incorporated h rein as specifically as if set at length herein.
Section 2. The C y Manager of the City of Aventura, Florida be and the same
is hereby authorized to do all things necessary and expedient in order to carry out the
aims of this Resolution.
Section 3. This solution shall take effect immediately upon adoption.
PASSED AND AD PTED by the City Commission of the City of Aventura,
Florida this _ day of
,1998.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGA SUFFICIENCY:
CITY ATTORNEY
EMS/tms
TO: City Commis ion
FROM:
DATE: June 29,199
CITY OF AVENTURA
FFICE OF THE CITY MANAGER
MEMORANDUM
SUBJECT: Resolution ccepting Dedication of Ten Foot R.O.W. on
N.E. 19151 St eet
July 7,1998 City Commi sion Meeting Agenda Item.1:j)
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the acceptanc of the dedication of an additional ten foot (10') right-of-way
(R.O.W.) on N.E. 19151 treet associated with the Champion Retail Plaza. This
property was never deede to the County or to the City.
BACKGROUND
When Champion Retail Lt . purchased lots 7 through 12 of Block 6, the deed conveyed
the property less the sou h 10 feet for road purposes. The recording of the Soffer
Redlich Plat has been del yed pending the dedication of the additional 10 feet R.OW.
Development approvals re uire the additional dedication.
If you have any questions, please feel free to contact me.
EMSlaca
Attachment
CC0598-98
May 29, 1998
Mr. Eric Soroka
City Manager
CITY OF A VENTURA
2999 N.E. I9lst Street
Aventura, Florida 33180
umheny Jlssodates
Re: Champion Retail Plaza/ offer Redlich Plat
Dear Eric:
The recording of the Soffer Re lich Plat has been delayed, pending the dedication of an additional ten feet
(10') of Right-of-Way on N.E. 191st St. in lots 7 through 12 of Block 6, as shown on the attached exhibit.
When Champion Retail Ltd. p chased Lots 7 through 12 of Block 6, the deed conveyed the property "less
the south 10 feet thereof for ro d purposes". This property was never deeded to Dade County or to the City
of A vcntura.
I rceently met with Russell Kel y and Tony Toledo, Miami Dade County Public Works Departmcnt, to
discuss this issue. Russell adv sed me that a Resolution, accepting the dedication, needs to be adopted by thc
entity having jurisdiction over .E. 19Ist St. This would be the City of Aventura.
For your referencc and eonvcni nce, I am enclosing a copy of Resolution No. R-876-92 as a sample of the
form of Rcsolution that will be required. Also enclosed are copies of the deeds as recorded in OR Book
16710, Pg. 1649 and OR Boo 16673 Pg. 0477. These deeds will need to be a part of the above mentioned
proposcd Resolution. If at all os sible, I would like to have this matter scheduled to be hcard before the
Commission on June 9th.
Eric, as always, I appreciate yo assistance. If you have any questions or need further information, please do
not hesitate to contact mc.
Sincerely yours,
George J. Berlin
GJ13/d
Encls. Sample Resolution, Dee s
e/w/encl: Ken Bemstei
Carlos Diaz
Steve Helfin , Esq.
Mario Romin , Esq.
Riehard Sche cr, Esq.
RECE:lVED
JUN 0 2 1998
OFFICE OFTHE
CITY MANAGER
19501 Biscayne Bou evard, Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5511
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RESOLUTION NO. 98-
A RESOL
CITY OF A
ACCEPTAN
DEDICA TIO
INDIVIDUA
STREET IN
COUNTY,
DATE.
ON OF THE CITY COMMISSION OF THE
NTURA, FLORIDA, AUTHORIZING THE
OF AN IMPLIED OFFER OF
BY STEVEN G. LEVINE, TRUSTEE AND
Y FOR A PORTION OF NORTHEAST 191sT
CITY OF A VENTURA, MIAMI-DADE
ORIDA; AND PROVIDING AN EFFECTIVE
WHEREAS, Steven G. Levine, as Trustee and Individually, expressed an implied
intention to dedicate two parc Is of land for road purposes; and
WHEREAS, this im lied offer was expressly stated in those certain Warranty Deeds
recorded in Official Record ook 16710, Page 1649, and Official Record Book 16673, Page
0477 of the Public Records of Miami-Dade County, Florida, by use of the words "less the
south 10 feet thereof for roa purposes" in each of said Warranty Deeds; and
WHEREAS, the I ds constituting said implied offer of dedication are more
particularly collectively des ribed as follows, to wit: As set forth on Exhibit <<A" attached
hereto and incorporated here n.
WHEREAS, the d ication described herein pertains to portions of Northeast 191"
WHEREAS, the Ci Commission finds and determines that acceptance of the implied
, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
Street in the City of A ventur ; and
intention to dedicate would in the public interest.
OF THE CITY OF AVE
, FLORIDA, AS FOLLOWS:
Resolution No. 98-
Page 2
Section 1. That e City Commission hereby adopts the findings set out in the
foregoing recitals, and here approves and accepts the above-described dedication of a portion
of N.E. 191" Street, as desc .bed on Exhibit" A".
Section 2. That the ity Manager is authorized and directed to cause this Resolution to
be filed for record in the blic Records of Miami-Dade County, upon approval by the City
Attorney.
Section 3. That the ity Manager and the City Attorney are authorized to take all steps
necessary to effectuate the p rposes of this Resolution.
Section 4. This Re lution shall become effective immediately upon adoption.
The foregoing Resol tion was offered by Commissioner
moved its adoption. The m tion was seconded by Commissioner
upon being put to a vote, the ote was as follows:
, who
, and
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Patricia Rogers- Libert
Commissioner Jeffrey M. Perlow
Vice Mayor K n Cohen
Mayor Arthur . Snyder
PASSED AND ADO TED this 7'" day of July, 1998.
ATTEST:
ARTHUR 1. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO LEGA SUFFICIENCY
CITY ATTORNEY
2
EXHmIT "A"
The South ten (10') feet of Lots 7, 8, 9, 10, 11 and 12, in Block
6, of AMEN ED PLAT OF BRITAN'S ADDITION TO OJUS,
FLORIDA, cording to the Plat thereof, as recorded in Plat
Book 19, at age 24, of the Public Records of Miami-Dade
County, Flori a.
COVENANT OF INDEMNIFICATION
(" Developer") owner and developer of that certain
property in tbe City of Aventura, Florida (the "City") known as Champion Plaza, .in
consideration for the actio of the City Commission in accepting an implied offer of dedication
concerning a portion of ortheast 191st Street in the City, pursuant to Resolution No. 98c
adopted by the Ci Commission of the City on July 7, 1998, hereby covenants.and
agrees.. as. follows:
1. Developer s defend, indemnify and hold harmless City and City's officers,
agents and employees fro any claim, demand, cost or liability arising out of the adoption or
recordation of the above scribed Resolution or the City's acceptance of the implied offer of
dedication which is desc ibed in such Resolution, concerning any injury, loss or damage
asserted by Stephen G. vine, trustee and individually, or any person, firm or corporation
claiming a right, title or . Ierest on their own behalf or by, through or under said Stephen G.
Levine, trustee and indiv dually, concerning those lands described in Exhibit "A" of .the
Resolution.
2. This Coven t of Indemnification shall be irrevocable and shall be in full force
and effect from the date he eof and shall be binding upon Developer, its successors and assigns
pion Plaza property (the "Property"), described on Exhibit "X"
attached hereto.
3. City shall e the right to enforce this Covenant of Indemnification against the
Property, by imposing a len upon the Property or against Developer and its successors or
assigns by any and all oth r means available at law or in equity, in the event that Developer
fails or refuses to fully d timely perform the above Stated Covenant of Indenmification.
Venue for any litigation enforce the Agreement shall be in Miami-Dade County, Florida.
The prevailing party in S .d litigation shall be entitled to tax its attorneys' fees as costs.
4. Developer ovenants that it has authority to execute this covenant and to make
same a binding agreemen , fully enforceable.
SIGNED this
day of
, 1998, by Developer.
WITNESSED:
DEVELOPER:
By;
(Print Name)
(Print Name)
(Print Name)
-------------------------._---- -----------------------------------------------------------------------------------
ACKNOWLEDGEMENT
the
rsigned authority personally appeared
f the Developer and acknowledged that he executed this instrument
for the pUIJloses provided
NOTARY PUBLIC
State of Florida at Large
3-2tIOOl\lJUC'cmCDt5~=mllof~catio
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City a
DATE: June 29,1998
SUBJECT: Resolution Accepting the edication of N.E. 35th Avenue
July 7,1998 City Commission Meeting Agenda Item.!l.=:Ji-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution, which
accepts the dedication of N.E. 35th Avenue from a private to public road. The roadway
connects Williams Island Road to N.E. 185th Street. The acceptance of the roadway is
in accordance with the private road conversion policy previously adopted by the City
Commission.
BACKGROUND
N.E. 35th Avenue was constructed in 1997 as part of the roadway improvements
required by the County for the Atlas Terminal Apartments Plat developments.
The roadway meets the current County and City requirements, except for street lighting.
The City will be installing decorative street lighting as part of the N.E. 185th Street
improvements next year. The roadway is an important link for the City's internal
circulation system connecting Williams Island Road to the rest of the City, while
avoiding Biscayne Boulevard.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0599-98
gj.RZ1S063
\91\ AUG ~ 1 p~ 3: 03
rrr 11186;Z 21 00
m 11353~2152
. -
NON-EXCLUSIVE PRIVATE EASEMENT
THIS EASEMENT, entered in to this ~ day of August,
by and between:
NORMAN COHEN, as Trustee under the provisions of a
certain Trust Agreement dated June 15, 1972, and
~'nown as Trust No. 72-LT-8, and as Trustee under
the provisions of a certain Trust Agreement dated
April 30, 1971, and known as Trust No. 71-LT-I00.
hereinafter called "Grantorsll, and
NORMAN COHEN, as Trustee under the provisions of a
certain Trust Agreement dated June 15, 1972 and
known as Trust No. 72-LT:3 and under Trust Agree-
ment dated April 30, 1971 and known as Trust No.
71-LT-I00 and Admiral's Port Townhomes, Inc., a
Florida corporation,
hereinafter called "Grantee"
WITNESSETH:
NoRMAN COHEN, as Trustee under the provisions of a certain
Trust Agreement dated June 15, 1972, and known as Trust No.
72-LT-8, is the owner of the property designated as Parcell
in Exhibit "A", attached hereto and by reference made a part
hereof; and
NoRMAN COHEN, as Trustee under the provisions of a certain
Trust Agreement dated April 30, 1971, and known as Trust No.
71-LT-IOO is the owner of the property described aa Parcel 2
and 3 in Exhibit "A" attached hereto and by reference made a
part hereof; and
References to "Easement Property" hereinafter contained
mean Parcels 1, 2 and 3 as described in Exhibit "A".
--.-.;
NOW, THEREFORE,. in consideration of the sum of $10.00
and other good and valuable consideration by each of the
parties hereto in hand paid to the other aimultaneously with
the execution and delivery of these presents, the receipt
whereof is hereby acknowledged, GrantorS grant unto Grantee,
its successors and. assignS, though subject to the reserva-
tions and conditions hereinafter contained, a Non-Excl~siv.
1111' ltlstrument W.. Prep,,,d By:
I..EW1~ ",., KANNEn, A\torn.)'
tOO(lll"II,,,,,llt,,II"'"''
EXHIBIT "F'; TO THE DECLARATION OF CONDOHIN1tJI'I
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~[t 11353 ~ 2153
Private Easement over and across the Easement Property for
right-of-way and road purposes, and services, and for ingress
to and egress from the premises, and for landscaping in
connection with the premises.
Grantee covenants and agrees.with Grantors as follows:
(a) The within Easement and the right to use tho
Easement Property shall be non-exclusive, and Grantors
hereby retain, and shall have, the right to use the
Easement Property, and the right to grant to other
parties and property owners and properties the right
to use the Easement Property for ingress and egress,
and service, and for other uses, provided such other uses
shall not unreasonably interfere with the use of the
Easement Property by Grantee, its successors. and assigns,
as well as Grantee's servants, agents, employees,
guescs, licensees and invitees.
(b) Grantors reserve, and shall have, the right
to install, connect and maintain, from time to time in
the Easement Property, sewer, gas, water and electric
lines and pipes, telephone lines and conduits, poles
and wires, and all utility lines and mains; and street
lighting and drainage facilities; and to use the
Easement Property for other purposes, provided such uses
for other purposes shall not unreasonably interfere with
the.use of the Easement Property by Grantee and its
successors and assigns.
(c) Grantee will. pay to Grantor the amount of the
real property taxes assessed upon the Easement Property,
payable in advance, on January 1st in each year,
commencing on January 1, 1982.
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. f" .j,jl~ll!;: .~ p_ '~\,uGn'u ~.'lnt.-7:7~.:j:: n U' 45'1"11\
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(d) Grantee shall be responsible for the repair
and maintenance of the roads.upon the Easement
Property and for the landscaping thereon.
Grantors for themselves and their successors and assigns,
reserve the following Additional rights:
(i) grant to others a similar right to use the
right-of-way on Easement Property:
(ii) beautify the rights-of-way or portions
thereof:
as Grantors desire so long as such other uses
do not interfere with the uses of the rights-
of-way by Grantee and including ingresS and
egress to property.
At all times while the within Easement is in existenCe,
Grantee will carry public liability insurance in the minimum
amount of $1,000,000.00 for damages incurred or claimed by
anyone person and for not lesS than $3,000,000.00 for damages
incurred or claimed by more than one person, indemnifying and
holding Grantor harmlesS from any liability for personal in-
jury, death, or property damage,arising on or about the use
of the Easement Property by Grantee, its successors and assignS,
and the servants, agents, employeeS, guestS, licensees and in-
viteeS of Grantee; and Grantee shall deliver to Grantor, from
time to time, certificate evidencing the existence of such
insurance, payment, of the premium thereof, and designating
Grantor as one of the parties insured under said insurance.
If Grantee defaultS ~der the terms and conditions of
this Agreement, then Grantor may, at his option, terminate
the Easement herewith granted to Grantee, provided Grantor
gives Grantee thirty(30) days written notice of such default,
and if Grantee within the thirty(30) dayS covered by said
(iii) utilize the rightS-of-way for such purposes
-
-
I as rustee un er
he provisions of a certain
Trust Agreement dated June 15,
1972 and known as Trust No.
72-LT-B, and as Trustee under
the provisions of a certain
Trust Agreement dated April 30, ..
1971 and known as Trust No. "\'\."l"'I,~I"r",..
, " \ . r '{
7l-LT-IOO. ,,';..;\ ;..,....: '.
...,..,,~ .'~ 0' " ':<.
GRANTORS ,. ., ,-:<:: . I 10'.
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. m 11353~2'55
notice begins taking steps to cure the default, and if, having
commenced such curing, Grantee exercises due diligence to cause
the curative steps to be carried through continuously and ex-
peditiously to completion, then Grantor may not terminate the
Easement herewith granted to Grantee.
,his Agreement shall be binding upon and inure to the
benefit of Grantors and Grantee, and their respective heirs,
legal representatives, successors and assigns.
This instrument corrects non.exclusive private Easement
dated December 31, 1980, and recorded in Official Records
Book 10982 page 72, public records of Dade County, Florida,
and is being re-recorded to correct the legal descriptions.
IN ~ITNESS WHEREOF, the parties hereto have caused these
presents
hereinabove
written.
Signed, sealed and delivered
~p?;;n~~
qoWo ){.~
- 4 -
_----1
~
STATE OF FLORIDA
COUNTY OF
DADE
m 11186;C 2104
m 11353;C 2156
SS.
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared NORMAN COHEN, as Trustee
under the provisions of a certain Trust Agreement dated
June 15, 1972, and known as Trust No. 72-LT-8, and as Trustee
under the provisions of a certain Trust Agreement dated
April 30, 1971, and known as Trust No. 71-LT-100 and he
acknowledged executing the same in the presence of two sub-
scribing witnesses freely and voluntarily.
WITNESS my hand and official seal this
August, 1981, in the County and State aforesaid.
10
day of
My Commission Expires:
~ 8', J?!J
Ttlh ,",trumtnt Was Preplrcd By;
L.Ew\~ M. KANNER, Altornl)'
1000 du Ponl DuilCllnll
Mllml, F10rlaD 33131
1fd~t.lUBL0STl.t:.~DA""'.'
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LEG~L DESCRIPTION P~RCEL ~TT-l
Being a PQrt~on of Tract "A". "ADMIRAL'S PORT TOI-TNHOMES", according to
the plat the=eof as record6d in Plat Book 115 at Page 56 of t.he: hJbli-::
Rec(I!ds of Cf,dt County, Florida, all lying Uld being in II portior, of .
the SO\.i.':heast 1/4 of fractional Section 3, TO\Jl'lship 52 South, F'.bll/?,c .::
East, Dace County, Florida, mor. j:06.rticularly described as fOllo\o,'s:
Begin a1: the Northeast corner of said Tract "A" as shown on said plat
of "ADMI?.AL'S PCRT TOWNHCl'1ES"1 1:hence South 0 degree. 02 minutes 4S
seconds East for 13S.21 feet to . Point of Curvature; thence Southeasterly
along a circular curve to the left having I radius of 240.00 feet and a
ce~tral angle of 43 degrees 21 minutes 48 seconds far an arc distance
of 181.64 feet (said last mentioned t....o (2) cOJrses being coincident
....ith the Easterly boundary line of said Tract """. as shown on said plat
of ""Q'I!RAL'S PORT TOI'i'NHOiES"); thence South 69 degrees 57 minutes 15
seconds t.Jest. along the boundary line of saic] Tract. "A" and its H~st.e:,ly
prolongat.ion for 75.52 feet (said last mentioned course oE-ing coincide:nt
with the South line of the Southeast 1/4 of said"Lractional Section 3);
t.nence Horth 0 degrees 02 minutes 45 seconds West at right angles to
the last and next mentioned courses for 300.00 feet; thence North 69
aeqrees 57 minutes 15 seconds East along the North ooondu)' lint' o! ui~
Tract. "J.", as shown on said plat of "ADMIRAL'S PORT TOHNHOo\ES" for 10.00
feet to tile Point of Beginning, all lying and being in Oade County, Florida.
Ck'der No. 13"94
Septl!tllber 11,1980
-Pre;.ared by-
So.\t,UJC:E-SHISXItI , ~SSCCIATE:S, 11<<:.
t.,M surveyor. - Engineers - Lane!. ,laM.rs
Miami, Florida
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LEG~ DESCRIPTION
A portion of the Northeal~ 1/4 of Section 10, Township 52 South, ~ange 42 East,
pade County, Florida, beinq Dote particularly described al follow.:
Co~ence at the North~.st corner of the said Northeast 1/4 of Section 10; thence
North 89 degrees 57 minutes lS seconds East alon9 the North line of the said North-
east 1/4 of Section 10 for 532.22 feet, to the point of geginning of the followin~
described parcel of land. thence continue North 89 degreel 57 minutes lS seconds
~as< alon9 <he las< described line lor 62.00 leet to a point on a curve (.aid point
bears south 4S degreeS 43 minutes 05 West lrom the radius pointl, thence Sou<he.sterly
along a circular cu,~e to tho left heving a ra~iu, of 250.00 fee< and a central
angle of 5 ~e9rees 44 minutes 52 ..conds for an arc distancI of 25.0S feet' thence
south S9 degrees 57 minute. 15 .econes West along a linl parallel with and IS.OO
leet South of as measured at right an~le' to thl North line of .aid Northelst 1/4 01
Section 10 for 79.45 lelt, thlnce North 0 dl9ree. 02 minutes 45 ,"conds Wast at
riqht angles to the last describe~ linl lor IS.OO flet to the poin< of Beqinnin9.
lying and being in Oaoe Coun<y, rlori~a. and contlinin, \268 .qulre flit more or
less (0.029 aeres more or les,).
ORD~'R HO: 135132
Revi.ed OROER NO. 139985
Slptember 11. 1979
HIY 18. \981
_prepared by-
SCHWtSKt-SHISKIN , ASSOC~TES. INC.
Land surveyors - Engineers - Land planners
Hia.=i, Florida.
rVII',/#IO,_ JCJ
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LEG~ OESCRlPTION
A portion of Tract "A", ~ADMIRAL'S PORT TOWNHOHES" lyinq in Sections J and 10,
Township S2 Soeth. Range 42 East, as reeor~e~ in plat Book 115 at Page S6 of the
Public Records of Dade County, Florida, ~ore particularly 4escribed as follows:
Commence at the North 1/4 corner of said Section 10: thence North 89 degrees S7
minutes 15 seconds East along the North line cf the Northeast 1/4 of said Section
10 for 337.22 feet, to the Point of Beginning of the following described parcel of
land; thence ~ontin~e North 89 degrees 57 minutes 15 seconds East along the last
described course for 195.00 feet; thence South 0 degrees 02 minutes 4S seconds
East at right angles to the last described ~ourse for 18.00 feet: thence South
89 degrees 57 ~inutes 15 seconds West along a line parallel with and 18.00 feet
South of as measured at right angles to the North I1ne, of the Northeast 1/4. of
said Se~tion 10, for 195.00 t..t; thenee North 0 degrees 02 minutes 4S seconds
west at right angles to the last aescribed ~ourse for 18.00 feet to the Point of
Beginninq, all lying and being 1~ Dade county, Florida.
ORDER NO: 13B1BO
January 12, 19~1
.0. .0
.,0,;,".
-Prepared by..
ItG)dU '" OfIICI~ utUU1 10Il~
Of ,.11 ~.n. ,~,I"L
IIUlll' nl"'.' aRt
JUCllARD p. nruM
CUII\.C1ICUIICOUlt
SCHWtBKt-SKISKIN . ASSOCIATES. INC.
Land surveyors - Enqineers .. Land planners
HiU'li. Florida
'(XH/$/'7' If2
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RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR
ACCEPTANCE OF DEDICATION OF PUBLIC ROAD
RIGHT OF WAY FOR NORTHEAST 35TH AVENUE IN
THE CITY OF AVENTURA; AUTHORIZING CITY
MANAGER TO OBTAIN AND EXECUTE DEDICATION;
AUTHORIZING ACCEPTANCE OF DEDICATION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the developers and owners of property adjoining a portion of a
public road planned for Northeast 35th Avenue, have expressed an interest in
dedicating private property and roads to constitute a portion of Northeast 35th Avenue
as a public road within the City of Aventura; and
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the dedication of Northeast 35th Avenue as a public
road.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the proposed dedication of Northeast 35th Avenue, as indicated
on Exhibit "A" attached hereto is hereby approved by the City Commission, subject to
the requirements of this Resolution.
Section 2. That the City Manager is hereby authorized to obtain the Dedication
from the owners of the lands which are to be dedicated for public road purposes as a
portion of Northeast 35th Avenue. Upon approval by the City Attorney as to the legal
form and sufficiency of the Dedication and instrument of conveyance, the City Manager
is hereby authorized, on behalf of the City, to execute and implement such Dedication
Resolution No. 98-_
Page 2
and to accept the conveyance and dedication of public right of way for Northeast 35th
Avenue.
Section 3. That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 4. That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner
who moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M. Perlow
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this yth day of July, 1998.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
2
.........
..... - - ---
-
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-
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m 11186~2!05
~f[ 11353;GZ157
LEG~L DESCRIPTION PhRCEL ~TT-l
Being a p~rtj.on of Tract "A", "ADMIRAL'S P~T TOHNHCHES", .ecol'"ding to
the plat the~eof as reeorded in Plat Book lIS at Page 56 of ~h~ J~blie
Records of tlf.de County, Florida, all lyi"9 e.nd oeinq in II p::lrtior, of
the Sou-;heast 1/4 of fractional Section :!, Township S2 Souch, !='.a",:,.:: .::>
East, Caee Count~'. Florida. more ):"6.r':.ieubrly des:ribed as tollo.5:
Begin a1: the Northeast corner of said Tract "A" .. shown on said plat
of "ADMIrAL'S PCRT TOWNHCtiES"; 1:henee South 0 degrees 02 minut.e.s 4S
seconds East for 135.21 feet to a Point of Curvature; thence Southe~sterly
along & circular curve to the left having a radius of 240.00 feet and a
cel'".tral a.ngle of 43 degrees 21 minutes 48 seconds for an arc distance
of l81.6.c feet (said last mentioned 1:1010 (2l ccurses bein9 coincident
with the Easterly ba.wdary line of said Tract "1\", as shown on said plat
of "lIClHiU\L'S pORT TOloINHQ1ES"): thence SO\Jth 89 degrees 57 minutes 15
seconds t':est along the boundary line of said Tract. "A" and its Hoi!st.e:ly
prolon9.!~ion for 75.52 feet (said la.st. mentioned course bf:ing coincidf:nt
with the South line of the Southeast 1/4 of said. ..tractional Section J);
t.hE-nce Horth 0 deqrees 02 minut.es 45 seconds West at riqht .1~91es t.o
the last and next. mentioned courses tor 300.00 feet.; thence North 89
degrees 51 minutes IS seconds East along the North boundar)' lint' of saie!
Tract. "J.", as shown on said plat of ").[)HIRAL'S PORT TOt'lNHO-tES" for 10.00
feet to t,}".e Point of Beginning, all lying and beinq 1n Dede County, Florida.
crder No. 137794
September 11, 1980
"'Prep.6.red by-
SOf"'-UJCE-SHISKItJ , ASSOCIATES, IIC.
La~ Surveyors'" Enqineers .. Land planners
Hiarni, Florida
E117/&/r 4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commi sion
FROM:
DATE: June 3, 199
SUBJECT: Ordinance mending 1997/98 Budget
1st Reading June 9,199 City Commission Meeting Agenda Item J..;b....
2nd Reading July 7, 199 City Commission Meeting Agenda Item..5l..::.f1
RECOMMENDATION
It is recommended that t
Ordinance that establish
Fund Budget to address
Mall.
BACKGROUND
e City Commission adopt the attached Budget Amendment
the Police Off-Duty Services Fund and adjusts the General
udget transfers and the additional police officers for Aventura
A. Police Off-Duty Se ices Fund - $357,120
The Police Depart ent expenditures in the General Fund originally included the
cost of off-duty pol ce details provided to the community, which are offset by the
police detail billing revenues. At the time the Police Department budget was
prepared, a $10,00 line item was included in the budget for this purpose. It was
unknown what the ff-duty detail demands were for the community.
Based on one yea's statistical information, it is now anticipated that the Police
Department will pr vide over $350,000 in off-duty details in the community for
the current fiscal y ar. Based on this amount, it is more prudent to establish a
fund to account f r revenues and expenditures associated with the services
provided by the 0 -duty police officers. This would provide a more accurate
picture of expendit res for the Police Department in the General Fund without
the fluctuations in ff-duty expenditures. The budget amount includes the FICA
and Workers' Co pensation costs associated with the extra duty detail billings
for a total of $357,120.
B. General Fund - T allncrease of $19,400
As outlined in the udgetary Report issued to the City Commission for the period
ending March 19 8, several mid-year corrections are necessary as outlined
below:
1. Office of the City Manager - $12,650
a. Employee S laries - inserts funds for Manager's bonus.
b. Car Allowan e - adjusts budget number that was revised last July after
the budget as completed.
c. Office Sup lies & Printing - increased costs associated with new
employee a d Capital Improvement Program oversight and information
disseminatio .
2. City Clerk's ffice - $27,900
a. Ordinance odification and Indexing of Minutes - higher than originally
anticipated ue to number of ordinances.
b. Election Exp nse - unanticipated Charter Referendum was held in March.
3. Finance Sup ort Services - $13,300
a. Overtime & ICA - costs associated with the implementation of the new
computer sy tem and training.
b. R& M Office Equipment - adjusted figure includes all computer equipment
covered by aintenance service agreements.
4. Police Depa ment - $19,400
a. Employee S laries - funds three (3) new police officer positions for two
months in ccordance with the Police Services Agreement with the
Aventura M II. Reclassifies a current police officer position to sergeant.
b. Police Detai Billing - deletes $10,000 amount originally budgeted which
will now be i cluded in the Police Off-Duty Services Fund.
If you have any questions, please feel free to contact me.
EMSlaca
Attachment
CC0587-98
ORDINANCE NO. 98-_
AN ORDINA CE OF THE CITY COMMISSION OF THE
CITY OF AV NTURA, FLORIDA, AMENDING ORDINANCE
NO. 97-25, HICH ORDINANCE ADOPTED A BUDGET
FOR THE 1 97/98 FISCAL YEAR BY REVISING THE
1997/98 FIS AL YEAR OPERATING AND CAPITAL
BUDGET A OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; A THORIZING THE CITY MANAGER TO DO
ALL THING NECESSARY TO CARRY OUT THE AIMS
OF THIS OR INANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon he periodic review and analysis of current budgetary
commitments and obligatio s, and based upon the projected needs and requirements
of the City and upon the re ommendations of the City Manager (and the concurrence of
the Finance Support Se ices Director as to Accounting Principles), it is deemed
necessary to adjust, amen and implement the 1997/98 Operating and Capital Budget
as set forth in Exhibit "A" a ached hereto and made a part hereof.
NOW, THEREFOR , BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL RIDA, AS FOLLOWS:
Section 1. The r citals contained in the preamble to this Ordinance are
incorporated by reference erein.
Section 2. The ity Commission hereby authorizes the amendment of
Ordinance No. 97-25, whi h Ordinance adopted a budget for the 1997/98 fiscal year,
by revising the 1997/98 bu get as set forth on the attached Exhibit "A", which exhibit is
deemed incorporated by r ference as though set forth in full herein.
Section 3. The C ty Manager is hereby authorized to do all things necessary
to carry out the aims of thi Ordinance.
Ordinance No. 98-_
Page 2
Section 4.
ffective Date.
This Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordi nce was offered by Commissioner Beskin, who moved its
adoption on first reading. This motion was seconded by Commissioner Berger, and
upon being put to a vote, t e vote was as follows:
Commissione Arthur Berger
Commissione Jay R. Beskin
Commissione Harry Holzberg
Commissione Jeffrey M. Perlow
Commissione Patricia Rogers-Libert
Vice Mayor K n Cohen
Mayor Arthur . Snyder
yes
yes
yes
yes
absent
not present for the vote
yes
, who moved its
, and upon
The foregoin Ordinance was offered by
adoption on second readi g. This motion was seconded by
being put to a vote, the vot was as follows:
Commission Arthur Berger
Commission Jay R. Beskin
Commission Harry Holzberg
Commission r Jeffrey M. Perlow
Commission r Patricia Rogers-Libert
Vice Mayor n Cohen
Mayor Arthur I. Snyder
PASSED AND ADO TED on first reading this 9th day of June, 1998.
PASSED AND ADO TED on second reading this y'h day of July, 1998.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGA SUFFICIENCY:
CITY ATTORNEY
2
EXHIBIT "A"
CITY OF AVENTURA
This Fund was established to account for revenues and expenditures associated with
services provided by off du Police Officers in private customer details to the various
businesses and condominiu associations.
310000/319999 Locally Levied Tax s 0 0 0
320000/329999 Licenses & Permits 0 0 0
330000/339999 Intergovernmental evenues 0 0 0
340000/349999 Charges for Servic s 0 357.120 357.120
350000/359999 Fines & Forfeitures 0 0 0
360000/369999 Misc. Revenues 0 0 0
380000/389999 Transfer from Fund 0 0
3999001399999 Fund Balance 0 0 0
.."......................-,............ ,..............,......
tqtJi.i.AV)l,I4\liIi..1;9~~@j~P......... ..../................/....$......
.,..'..,..'..........
...........
.............
... ...
,;:',::'::;::'::;:.0':
._--.-.....
...........
.........,..'... .............................. .,..'..,..'..,...-.......
.!(//~~i,1~~/...../.....$..//m;120
EXPENDITURES
1000/2999
3000/3999
400014999
5000/5399
5400/5999
Personal Services
Contractual Service
Other Charges/Sv
Commodities
Other Operating Ex
tpt4l'l1;i~M,.i~~~*~~$~/.......
6000/6999
Capital Outlay
o
o
o
tpt4~~~pfrYAA$......... .....). .............................$/
......... .....................................-... ....-......,........'..,..
/).......$./A~t,1W... ......../$/ ........W.l20.
EXHIBIT "A"
CITY OF AVENTURA
1997198
REVENUE PROJECTIONS
3421100
o 357,120
........,....,'.'........................... .........
........>............//..$..> ...........,>>$/..)~t,t~~
357,120
............ .........
:~:):nn::::H:uns.j :n)U:.;1@:\
EXPENDITURES
1420
2101
2401
Public Safety - 521
Extra Duty Detail
FICA
~~.~~.~:~,.~.~~.~~~~~l.~~. ...,.............. '," ','"
$iJli;'1'Ciiiii........ ....................>................<...$.../...... ......;
o
o
o
310,000
23,715
........~~t~'#W.....
310,000
23,715
23,405
...............
. . . . - . . . . . - '. . . , . . . . . . . . . . - . . .
........-.1.-.
:> ::: ::: :~d:,~I~.~.~..(
..........
/$
1
TOTAL EXPENDITURES
$/
.,-,',..'.,-.
.................
:,:::::,::::::;0'
<.. ..~tii,1~Q.$;
..............
:::)$::: :n>/w;,~f
EXHIBIT "A"
General Fund - 01
Revenues
3421300
3421100
Charaes For Services
Police Services Agreeme t
;;#~w~i~~~:........ ..................................$
o
10,000
:"':1~~W
29,400
-10,000
........U..1~Ajj~.....>
$H~,~~
'li
29,400
o
...............
....29...;@..
....... . .
................. ".
':':::::::::::, ......,:
:...,..
Total Amendments-Revenu s
Expenditures
1201
1420
1201
4041
4701
5101
5901
4740
4750
4915
1401
2101
4650
Public Safelv - 521
Employee Salaries
Extra Duty Detail
Subtotal
$ 2,369,524
10,000
$~tii,li~;j;" UUf
29,400
-10,000
HUj~
U...U..UAk
2,398,924
o
U~;~;~"
f heC; Man e
Employee Salaries
Car Allowance
Printing & Binding
Office Supplies
Contingency
Subtotal
$ 248,242
6.000
o
1,400
200
$ :"MiliJi#i$UH
6.000
1,200
2,000
3,000
450
"1~so.
..............
.....................$..
........... .
....'................ ,"
:::':':':':-'-:.:-:-:-:.-:
254,242
7,200
2,000
4,400
650
:.":14.2$0
CiIv Clerks Office
Ordinance Codification
Indexing Minutes
Election Expenses
Subtotal
3,000
1,000
o
..$..>.>"~'
3,100
800
24,000
'ilif$>:...~t~: <$
6,100
1,800
24,000
......:....~"m..
Fin n Su art ervi
Overtime
FICA
R&M- Office Equipment
Subtotal
11,000
1,300
1,000
450
23,635
38,_
..............
. ...... ..
....g. ".g. 9..
......... ..1 .'
11,450
24,935
39,084
....--.........
.. ...........
.......7..11. .il$9. .....
.....-- . .
...... .
::C::,::::,,:,.._.;: .,:,
..,.............,................ .............
#il4.1~OO .:HHH1H
Hs:
Non-DeDartmental - 590
6-60-6999 Capital Reserve
Subtotal
2,971,306 (53,850) 2,917,456
H$? ::::n::;~t1~q~: :::<>$ :/)i::::H~AAf::: H<::U::n:Jj: )U)~;~1;~.(
Total Amendments-Expend tures
.'.:.-,-.:.',-.'-'-'.'.'.'
J1~,~~
EXHIBIT "A"
Position - Revision
Number
Police Department
2305
2031
2031-2033
Descri tion
Sergeant
Police Officers
Police Officers
Action
add
delete
add
CITY OF A VENTURA
FINAN E SUPPORT SERVICES DEPARTMENT
TO:
FROM:
BY:
DATE:
MEMORANDUM
SUBJECT: Second Rea ing of Ordinance Establishing Interim Service Fees
November 18th, 1997 Cou cil Meeting Agenda Item_~~
July 7th, 1998 Commission Meeting Agenda Item ' B
Recommendation
It is recommended that th City Commission approve the attached ordinance on second
reading to establish an Int rim Service Fee.
Background
This is the second readi g of an ordinance that was approved on first reading on
November 18th, 1997. S cond reading was delayed so that we could complete an
Interim Services Fee study to determine the exact rates for each property class.
That study was performe by Tischler & Associates, Inc. and after revision is also
recommended for adoptio by resolution on the July yth commission agenda. The study
and fees are more fully dis ussed as part of the agenda item for the resolution.
The body of the ordinanc has been revised by scrivener and housekeeping changes
and to better reference th Interim Service Fee Study. The City Attorney's office has
stated that we can have se ond reading on the ordinance as revised.
Accordingly, we recomme d approval of the ordinance on second reading. If you have
any questions please call r stop by my office any time.
HMK/mn
FSS098-98
ORDINANCE NO.
AN ORDINA CE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISH I G INTERIM SERVICE FEES FOR
PROPERTIE NOT YET INCLUDED IN THE COUNTY'S
TAX ROLL; ROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILI ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to recover the cost of providing municipal services to
recently developed properf s not yet on the County's tax roll, the City Commission of
the City of Aventura wishes to establish an Interim Service Fee; and
NOW, THEREFORE E IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL RIDA, AS FOLLOWS:
Section 1. That the ity of Aventura "Interim Service Fee Ordinance" is hereby
created to read as follows:
Sec. 1.
Title; pplication, findings.
This ordinance, k own as the "City of Aventura Interim Service Fee
Ordinance," hereby stablishes an "interim service fee."
(a) The preambl "Whereas" clause is adopted as the findings of the City
Commission nd are hereby ratified and confirmed and made specific
findings of th City Commission as a part of this ordinance.
(b) The City Co mission finds that from the time a new building or structure
is complete until the ensuing first day of January when the
improvement is added to the tax roll, the City is obligated to provide
services for ich ad valorem taxes or non-ad valorem assessments are
Ordinance No. 97-_
Page 2
not assessed on the improved portion of the property and for which other
revenues pai do not meet the costs of services.
(c) The City Co mission finds that owners of newly developed properties
receive City- rovided services including, but not limited to police,
engineering nd public works, public services, development services,
and planning.
(d) The City Co mission finds that the additional City services demanded to
serve new evelopment provide a valuable benefit to the new
development. The cost for the services provided by the City to new
development s paid by residents of the City partially through ad valorem
taxation. Th owners of the improved properties directly benefiting from
payment for t e cost of those services through ad valorem taxation until
the City's pr vision of the additional services do not contribute to the
those improv ments are placed on the tax roll.
(e) The City Co mission finds that the imposition of the interim service fee
upon new de elopment for the cost of the City providing additional City
services to ewly developed and improved property during the interim
period betwe n the time the new development is completed and the time
said improve ent is placed on the tax roll represents a fair method to
apportion th cost of City-provided services to the recipients of those
services.
Ordinance No. 97-_
Page 3
Sect. 2. Purpose; i tent.
(a) It is the intent of the City Commission to establish an interim service fee
in order that new development receiving additional City services be
required to p y only its proportionate and fair share of the costs of such
services with ut reference to the valuation of the property receiving or
benefiting fro said services, and said fee shall not in any manner,
directly or ind rectly, be an ad valorem tax, and
(b) It is the furth intent of the City Commission that the interim services fee
imposed for dditional City services pursuant to this ordinance shall be
proportionate to the cost of the services benefiting new development for
the period 0 time commencing with the issuance of a certificate of
occupancy a d ending at the time such improvements are placed on the
tax roll.
Sect 3. Definitions.
As used in this ordi ance, the following words and phrases have the meanings
ascribed in this se tion, unless a different meaning is set forth in another
section of this ordin nce or the context clearly indicates otherwise:
(a) Building officia: The person on behalf of the City of Aventura who is
responsible for issuing a certificate of occupancy for new development.
Ordinance No. 97-_
Page 4
(b) Certificate of 0 upancy: The term "certificate of occupancy" shall include
certificate of c pletion and release of electrical power which are issued
certificate of 0 cupancy, partial or temporary certificate of occupancy,
by a building 0 icial to permit the occupancy or potential of occupancy of
newly develop property or portion thereof.
(c) Feepayer: That person or legal entity reflected on the public records (e.g.,
development a plication, building permit or other document) of the City of
Aventura as th owner of real property upon which a new development
(d) Interim service: A user fee imposed on owners of new development for
ich are available to the property at the time of the
City services
issuance of a c rtificate of occupancy and prior to being placed on the City
of Aventura t roll, as maintained by the County Tax Collector. The
actual interim ervices fee shall be determined in accordance with the
Schedule of Fe s adopted from time to time by the City Commission as set
forth in Section 12 of this ordinance.
(e) New develop ent: The construction, reconstruction, alteration or
extension of a building, structure or foundation to improve or alter real
property, eithe from its natural state, or where there exists or once existed
another structu e, or to rebuild or modify a residential, retail, commercial,
office, industri or community facility, institutional use.
Ordinance No. 97-_
Page 5
(f) Schedule offee : The schedule of fees shall be adopted by Resolution as
provided in Sec ion 12 of this ordinance.
(g) Structure: Any uilding or improvement to real property located within the
City of Aventur for which a certificate of occupancy is required.
Sect. 4. Fee establi hed for services to certain properties.
(a) There is her y established an interim service fee which shall apply to
those real p operties located within the City with new development,
either perma ent or temporary, for which a certificate of occupancy is
required, for f II or partial use of the premises, and which shall cover the
period from t e date of issuance of the certificate of occupancy until and
including the ensuing December 31st, the date normally preceding the
day the ne development requiring the certificate of occupancy is
assessed by he Miami-Dade County Property Appraiser and placed on
the tax roll.
(b) The interim rvice fee shall be based solely upon the coast of service
and the ben fits applicable to the new development as set forth in the
Schedule of Fees adopted by Resolution of the City Commission
pursuant to t is Ordinance.
(c) In the event hat the feepayer disagrees with the amount of the interim
service fee t be charged pursuant to the schedule of fees:
Ordinance No. 97-_
Page 6
(1) The fe payer, at his option, may submit evidence to the City
Manag r or his designee indicating that the interim services fee to
be pai according to the schedule of fees is incorrect as applied
to the feepayer's new development. The City Manager or his
design e shall adjust the interim services fee if substantial
eviden e is submitted that clearly demonstrates that an
adjust ent is necessary under the methodology upon which the
service fee is based. The burden shall be upon the
feepay r to provide all relevant data, analysis and report(s) which
would assist the City Manager or his designee in making a
deter ination. The analysis and report(s) must be based upon
gener lIy accepted practices and methodologies and the formula
as set forth in the schedule of fees. All additional information or
modifi ation to the evidence presented shall be received by the
City M nager or his designee within thirty (30) days from receipt
of the nitial evidence to said City Manager.
(2) All de isions by the City Manager shall be based on the evidence
prese ted by the feepayer, the staff file and other relevant
Said evidence must be relevant to the methodologies
and th formula set forth in the schedule of fees.
Ordinance No. 97-
Page 7
(3) The Ci y Manager or his designee's decision to adjust, or refuse
to adju t, the interim services fee pursuant to an independent fee
calcul ion shall be final. Said decision shall be made in writing
and s II be furnished by regular U. S. mail to the feepayers at
the ad ress provided by the feepayer.
Sect. 5. Fee; when aid.
(a) The interim s rvice fee shall be paid upon the issuance of a certificate of
occupancy, ither permanent or temporary, and the certificate of
occupancy s all not be issued until such time as the interim services fee
has been pai in full.
(b) The payment of the interim service fee shall be in addition to any other
fees, charge or assessments due for the issuance of a certificate of
occupancy.
(c) The obligatio for payment of the interim service fee shall run with the
land.
Sect. 6. Fee revisi
The City Commissi n may from time to time amend the interim service fee
resolution to incre se or decrease the rate of the interim service fee as it
applies to new dev lopment. The interim services fee may be adjusted from
Ordinance No. 97-_
Page 8
time to time to refl ct the significant changes in the operating budget of the
City, if necessary.
Sect. 7. Exemption
The following shall e exempt from payment of the interim service fee:
Property consisting of a structure already reflected on the County tax roll,
where a certificate occupancy is required for purposes of either an alteration
or remodeling of an xisting residential, nonresidential or lodging unit that does
not entail an increa e in square footage use, or traffic generation.
Sect. 8. Collection and deposit.
The City Manager r his designee shall be charged with the collection of the
services fee schedu e. A separate line item shall be established in the General
interim service fee ich shall be collected as a condition prior to the issuance
of a certificate of occupancy by the building official. The fee shall be
determined in acco ance with the Schedule of Fees as set forth in the interim
Fund to account f r the collection of the interim services fees. All interim
service fees collect d shall be used to offset the services for which the interim
services fee was es ablished.
Sect. 9.
Colle tion of fees when not paid by mistake or inadvertence;
altern tive collection in municipal areas.
In the event the i terim service fee is not paid prior to the issuance of a
certificate of occup ncy because of mistake or inadvertence, the City shall
proceed to collect t e interim services fee as follows:
Ordinance No. 97-_
Page 9
(a) The City Ma ager or his designee shall serve, by certified mail, return
receipt requ sted, an interim service fee statement notice upon the
Service of t e interim service fee statement notice shall be deemed
feepayer at he address set forth on the certificate of occupancy.
notice of the i terim service fee due and service shall be effective on the
date of the eturn receipt indicating the notice was received by the
feepayer. T e interim service fee statement notice shall contain the
legal descript on and shall advise the feepayer as follows:
(1) The amount ue and the general purpose for which the interim service
fee was impo ed;
(2) That the inte im service fee shall be delinquent if not paid and received
by the City "thin thirty (30) calendar days of the date of the interim
service fee s atement notice is received, excluding the date of receipt,
and upon be oming delinquent shall be subject to the imposition of a
delinquent fe and interest on the unpaid amount until paid;
(3) That in the vent the interim service fee becomes delinquent, a lien
against the roperty for which the certificate of occupancy was issued
shall be rec rded in the Official Records Book of Miami-Dade County,
Florida. The cost of recordation shall be included in the amount of the
lien.
Ordinance No. 97-_
Page 10
(b) The interim s rvice fee shall be delinquent if, within thirty (30) calendar
days from the receipt of the interim service fee statement notice by the
feepayer, the interim service fee has not been paid and received by the
City. Said ti e periods shall be calculated on a calendar day basis,
including Sun ays and legal holidays, but excluding the date of receipt
of said interi service fee statement notice. In the event the last day
falls on a Su day or legal holiday, the last due date prior to becoming
delinquent sh II be the next business day. Upon becoming delinquent, a
delinquency f e equal to ten (10) percent of the total interim service fee
imposed sha I be assessed. Such total interim service fee, plus
delinquency ee, shall bear interest at the statutory rate for final
judgments ca culated on a calendar basis, until paid;
(c) Should the in erim service fee become delinquent as set forth above, the
City shall se e, by certified mail, return receipt requested a "notice of
lien" upon t e delinquent feepayer at the address appearing on the
certificate of occupancy and the interim service fee statement notice.
The notice 0 lien shall notify the delinquent feepayer that due to the
failure to pa the interim service fee, the City shall file a claim of lien,
including th cost of recording same, with the Recording Division of
Miami-Dade ounty, Florida.
Ordinance No. 97-_
Page 11
(d) Upon mailing the notice of lien, the City shall file a claim of lien with the
Recording Di ision of Miami-Dade County, Florida for recording in the
Official Reco s of the County. The claim of lien shall contain the legal
description 0 the property, the amount of the delinquent interim service
fee and the d te of its imposition. Once recorded, the claim of lien shall
constitute a lien against the property described therein. The
enforcement f such lien shall be as provided in Section 10 herein.
Sect. 10. Lien pro isions.
Any nonpayment of or any form of payment of the interim service fee which,
subsequent to the i suance of the certificate of occupancy, is not honored or
accepted, for whate er reason, by a national banking institution, shall remain
due and payable nd shall constitute and is hereby imposed as a special
assessment lien ag inst the real property upon which such fee remains due;
and until fully paid and discharged, or otherwise barred by law from being
assessed, shall re ain a lien equal in rank and dignity with the lien of the City
for ad valorem tax s and senior in dignity to all other liens, encumbrances,
titles and claims, i to or against the real property containing the structure.
Such special asses ment lien may be enforced by any of the methods provided
for in Chapter 85, lorida Statutes, or an alternative foreclosure proceeding
may be instituted nder Chapter 173, Florida Statutes, or the collection and
enforcement thereo may be accomplished by other methods as allowed by law.
Ordinance No. 97-_
Page 12
The owner of the re I property shall pay all costs associated with enforcement
and collection of u paid interim service fees, including reasonable attorney
fees, court costs, ab tracting expenses and other related costs incurred.
Sect.11. Administr tion of Ordinance.
The City Manager 0 his designee shall administer this ordinance. The duties
shall be as set forth in this section and as established by the City Manager and
shall include:
(1) Providing techni al assistance, information and advice to the City to ensure
proper collectio , remittance, accounting, controls and auditability of the
interim service f e.
(2) Reviewing the i dependent fee calculation as provided in Section 4(c) of
this ordinance.
Sect. 12. Interim s rvices fee schedule.
The interim servic s fee referenced herein shall be adopted by the City
Commission by res lution after a public hearing. A copy of the fee schedule
shall be available fo inspection in the Office of the City Clerk.
Section 2. Severa iIi . The provisions of this Ordinance are declared to be
severable and if any sectio , sentence, clause or phrase of this Ordinance shall for any
reason be held to be invali or unconstitutional, such decision shall not affect the validity
of the remaining sections, entences, clauses, and phrases of this Ordinance but they
Ordinance No. 97-_
Page 13
shall remain in effect, it bing the legislative intent that this Ordinance shall stand
notwithstanding the invalidit of any part.
Section 3. Inclusio in the Code. It is the intention of the City Commission, and
it is hereby ordained that th provisions of this Ordinance shall become and made a part
of the Code of the City f Aventura; that the sections of this Ordinance may be
renumbered or relettered t accomplish such intentions; and that the word "Ordinance"
Section 4. Confli t. That all sections or parts of sections of the Code of
shall be changed to "Sectio "or other appropriate word.
Ordinances, all Ordinance or parts of Ordinances, and all Resolutions, or parts of
Resolutions in conflict are h reby repealed to the extent of such conflict.
Section 5. Effectiv Date. This Ordinance shall be effective immediately upon
adoption on second reading
The foregoing Ordin nce was offered by Councilmember Berger, who moved its
adoption on first reading. he motion was seconded by Councilmember Rogers-Libert,
and upon being put to a vot ,the vote was as follows:
Councilmember Arth r Berger
Councilmember Ken Cohen
Councilmember Ha Holzberg
Coluncilmember Je ey M. Perlow
Council member Pat cia Rogers-Libert
Vice Mayor Jay R. B skin
Mayor Arthur I. Sny r
yes
yes
yes
yes
yes
yes
yes
Ordinance No. 97-_
Page 14
The foregoing Ordin nce was offered by Commissioner
, who
moved its adoption on se nd reading. The motion was seconded by Commissioner
, and upo being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry olzberg
Commissioner Jeffre M. Perlow
Commissioner Patrici Rogers-Libert
Vice Mayor Ken Coh n
Mayor Arthur I. Snyd r
PASSED AND ADO TED on first reading this 18th day of November, 1997.
PASSED AND ADO TED on second reading this 7'h day of July, 1998.
MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM ND
LEGAL SUFFICIENCY:
CITY ATTORNEY
Ordinance No. 97-_
Page 15
Determination of Value:
EXHIBIT "A"
CITY OF AVENTURA
INTERIM SERVICE FEES
The Feepayer shall provid to the City of Aventura a certification of the value of the
property being developed, ich certification shall be determined as follows:
Residential:
The total sales price of the roperty, including land value shall be provided to the City.
This total sales pric shall be multiplied by Eighty Percent, to determine the
value of the property ubject to the Interim Service Fee.
Industrial/Office/Co
The Feepay shall certify to the City an estimate of the value of the
property, whi h value shall include the complete cost of construction,
including Ian value. This value shall be multiplied by Eighty Percent, to
determine th value of the property subject to the Interim Service Fee.
The Feepayer shall pay to the City of Aventura an amount representing the value of
the Ad Valorem taxes sho on the property tax bill that the Feepayer would have
received from the Dade ounty Property Appraiser for the Tax Year in which the
property is due to receive the Certificate of Occupancy. This amount is calculated
based on the property valu s as determined herein times the number of months in the
Tax Year in which the pro erty is due to receive the Certificate of Occupancy time9-
the applicable millage rate of the City of Aventura.
CITY OF A VENTURA
FINAN E SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
rvices Director
TO:
BY:
E~~I'Or. a, ~ty Manager
H1rt/M~ilg
DATE:
SUBJECT: Resolution doptin9 Interim Service Fee Study & Associated Fees
July th, 1998 Commission Meeting Agenda Item q
Recommendation
It is recommended that th City Commission approve the attached resolution adopting
the Interim Services Fee S udy and rates included therein.
Background
As you are aware, the ity Commission heard an ordinance on first reading on
November 18th, 1997 to e tablish interim service fees for property not yet included on
the County's tax roll. The ommission adopted the ordinance on first reading but there
were concerns about the egal defensibility of the methodology used to determine the
fees to be charged.
Therefore, the City Com ission, based on staff recommendation, authorized that we
hire Tischler & Associates Inc. to perform an Interim Services Fee Study. At the May
28th workshop meeting, M . Paul Tischler of Tischler & Associates presented the report
to the City Commission. t that meeting, the Commission was satisfied with the report
except for the use of a t nty-one (21) month timeframe used for calculating the fee.
Mr. Tischler agreed to rev se the report to use the twelve (12) month timeframe which
has generally been used b other cities.
The resolution which the ommission is asked to approve will adopt the study dated
June 1st, 1998 which is at ached to the resolution as Exhibit "A". I have reviewed the
report and verified that th only changes were due to the utilization of a twelve-month
timeframe for computation of the fees, versus the twenty-one month methodology which
was used in the original re ort (dated May 1S\ 1998).
Page (2)
Memo to City Commission
Resolution Adopting Interi Service Fee Report
and Associated Fees
This twelve-month timefra e is much more conservative and traditional than the twenty-
one months proposed in the original study. Since the original report computed all
amounts on a one year b sis and then converted the amounts to a twenty-one month
rate schedule by multiplyi g the computed rates by 1.75 (twenty-one months divided by
twelve months), no amo nts in the report change other than interim service fee
amounts.
The fee schedule on page three and four of the report reflect the revised rates for each
housing unit and non-resi ential type. These rates are approximately 57% (12/21) of
the amounts which were included in the May 1st, 1998 report. For a multi-family
building, receiving a certi icate of occupancy (CO) in the first week of January, the
interim service fee would e $121 per unit. This amount amortizes over the year so that
a like structure receiving CO the last week of December would pay only $2 per unit.
The amount due will be c mputed and collected as part of the issuance of a certificate
of occupancy by the uilding Permit section of our Community Development
Department.
At the May 28th meeting, t ere was also some discussion about the effective date of the
fees and whether anyone hould be grandfathered in based on where their project was
in plan review and/or cons ruction.
As a matter of practicality, I recommend that the fee be imposed on any units/projects
receiving a CO on or fter October 1st, 1998. This will allow for a smooth
implementation of the fee y allowing time to revise forms and computer processes and
notify the building/develop ent community of the adoption of the fee.
If there are any questions, lease feel free to call or stop by my office at any time.
HMKlmn
FSS097 -98
ESOLUTION NO. 98-
A RESOLUTIO OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, F ORIDA, PROVIDING FOR ADOPTION OF
INTERIM SER ICE FEES STUDY DATED JUNE 1, 1998
PREPARED Y TISCHLER AND ASSOCIATES, INC.,
ATTACHED HE ETO AS EXHIBIT A, AND INTERIM SERVICE
FEE SCHEDU E INCLUDED THEREIN, PURSUANT TO
ORDINANCE O. 98- ; AUTHORIZING THE CITY
MANAGER TO 0 ALL THINGS NECESSARY TO CARRY OUT
THE AIMS 0 THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DA E.
WHEREAS, pursua t to Section 12 "Interim Service Fee Schedule" of the City of
Aventura Interim Service ee Ordinance, the City Commission is required to adopt an
Interim Service Fee Sched Ie (the "Fee Schedule"); and
WHEREAS, the Cit of Aventura has caused an Interim Service Fee Study to be
conducted for the City by schier and Associates, Inc. (the "Consultant"), noted experts
in the area of Interim Servi e Fees; and
WHEREAS, the C sultant has produced the Interim Service Fee Study (the
"Study") dated June 1, 199 , a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, the Ci y Commission has held a public hearing upon the Fee
Schedule and finds that th proposed Fee Schedule as set forth in the Study complies
with the Interim Service Fe Ordinance.
NOW, THEREFOR ,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL RIDA, THAT:
Section 1. The a ove stated recitals are hereby adopted as if set out in full
herein.
Section 2. That th Study is hereby approved and the Fee Schedule is hereby
approved and adopted as the Interim Service Fee Schedule for the City of Aventura
pursuant to the Interim Se ice Fee Ordinance of the City.
Section 3. The In erim Service Fees contained in said study shall be payable
upon all properties receivi g a certificate of occupancy on or after October 1st, 1998.
Section 4. This r solution shall be effective immediately upon adoption.
Resolution No. 98-
Page 2
The foregoing reso ution was offered by
adoption. The motion was seconded by
a vote, the vote was as foil ws:
,who moved its
, and upon being put to
issioner Arthur Berger
issioner Jay R. Beskin
issioner Harry Holzberg
issioner Jeffrey M. Perlow
issioner Patricia Rogers-Libert
Vice- ayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADO TED this 7th day of July, 1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO
LEGAL SUFFICIENCY:
CITY ATTORNEY
Exhibit "A"
I terim Service Fees Study
City of A ventura
Florida
June 1, 1998
Prepared by:
Tischler and Associates, Inc.
Bethesda, Maryland
Pasadena, California
~
TISCHLER &
AssocIATFS, INe.
4701 Sangamore Road
Suite N210
Bethesda. MD 20816
(301) 320-6900
Fax: (301) 320-4860
80 Annandale Road
Pasadena. CA 91105-1404
(818) 790-6170
Fax: (818) 790-6235
(800) 424-4318
Fiscal Impact Analysis
.
Capital Facility Analysis
.
Impact Fee Systems
.
Growth Policy Planning
.
Economic and Market Analysis
MUNIES. FISCAlS & CRIM
Fiscal jmpacl systems lailored
for each community
TABLE OF CONTENTS
I. EXECU IVE SUMMARy..................................................................................................... I
A. BACKG OUND......................................................................... ......... ......................................1
B. METHO LOGY .............................................................................................................. .......1
C. DEM FOR CITY SERVICES ................................................................................................2
D. MAXIM M SUPPORTABLE INlERIM SERVICE FEES ................................................................2
II. GROWT IMPACTED SERVICE ACTIVITIES & ASSOCIATED GROSS FEES......5
A. FIN ANC L SUPPORT SERVICES...................................... .......................................................... 6
B. LEGAL S VICES................................... .................................................... ..... ........... ....... ........ 7
C. PUBLIC S FETY DEPARTMENT ............................................................................................... ..8
D. COMMU ITY SERVICES DEPARTMENT .....................................................................................9
E. NON-DE TMENT AL .................................................................................. ......... .................11
III.
IV.
ED FEES BEFORE LAND CREDITS ............................................................13
AX CREDITS AND NET FEES........................................................................ 14
V. TING DOCUMENTA TION .............................................................................15
LATlON AND EMPWYMENT ESTIMATES...................................... ................ ........15
HOUSEHOLD SIZE ....................................... ....................................... ..........15
C. BUlLDIN AREA RA TlOS ........................................................................................................16
D. RESIDEN IAL AND NONRESIDENTIAL VEHICLE TRIPS ............................................................17
~
TISCHLER &
AssocIATFS,INe.
4701 Sangamore Road
Suite N210
Bethesda. MD 20816
(301) 320-6900
Fax (301) 320-4860
80 Annandale Road
Pasadena. CA 91105-1404
(818) 790-6170
Fax: (818) 790-6235
(800)424-4318
Fiscal Impact Analysis
.
Capita! FacililyAnalysis
.
Impacl Fee Systems
.
Growth Policy Planning
.
Economic and Market Analysis
MUNIES. FISCALS & CRIM
Fiscal impactsystemslailored
for each community
I.
EX CUTIVE SUMMARY
A.
Bac ground
Interim serv ce fees are charged to new development to cover operating expenses
which are n t initially covered by real estate taxes. The reason for implementing
interim servO e fees is that a certificate of occupancy for new development issued
after Janu I of one year will not be included on the City's tax rolls until the
following ye . Since the City needs to provide services to the inhabitants of
residential d nonresidential space, interim service fees are an equitable
approach to aving these users pay for their fair share of the City services that are
needed prior to the time the property is assessed property taxes.
Without the mplementation of interim service fees, the existing taxpayers will
continue to s bsidize operating costs incurred by the City to service the new
residents an employees from the time of the certificate of occupancy to the time
the property s put on the tax roll. Accordingly, the interim service fee schedule is
prorated for period of from one to fifty-two weeks. A new development
receiving a c rtificate of occupancy in the first week of January would pay a
relevant inte 'm service fee for fifty-two weeks while a new development which
receives a ce ificate of occupancy in the last week of the year would be paying
relevant fees or one week (1/52 of the applicable service fees).
B.
The first co onent of detennining interim service fees is to ascertain the various
Cityactivitie whose operating expenses are: I) paid through the General Fund,
and 2) likely 0 increase due to growth. Net operating costs for these relevant
activities are hen detennined based on the FY97/98 budget. To detennine the net
costs, all rele ant revenues for that activity are deducted from the total operating
costs for serv ces. For example, federal grants are subtracted from Public Safety
costs to dete . ne net operating costs due to growth.
The second c mponent is the determination of the most appropriate demand
generator (su h as population or employment or both) for the service to be
provided to t e property. For example, costs for Legal Services are impacted by
both populati n and employment, whereas costs for Community Services are
based on veh' Ie trip generation by land use given that a significant portion of
these costs ar for roads.
Next, factors e calculated based on the demand generator. For example, costs
for Legal Se ices are divided by total population and employment to derive a per
capita and e loyee cost that applies to new growth. This factor is then
multiplied ti es the number of persons per household by housing type to
detennine a c st per housing unit, and multiplied times the number of employees
Page I
per nonresidential square fe t (per room for hotels) by employment type to determine costs for
nonresidential space.
The next step is to adjust th gross fees to reflect the total property tax revenue collected in the
1997/98 fiscal year. This a oids the possibility that the fees will be higher than the property
taxes that would be collecte if the new development were on the assessment rolls. The final
step of the methodology is t apply property tax credits for land. Property tax credits result from
any real estate taxes paid on the land, which, unlike the improved property, is on the tax rolls
during the first year.
Section II of this report disc sses the growth related net annual costs for each service activity in
the City budget, the method logies used, and the resulting gross annual fees. In Section III, the
gross annual fees are adjust d to account for actual property tax collected in the City. In Section
IV, land tax credits are appl" d and the net annual fees are derived. Section V is the supporting
documentation section and i cludes all population, employment, household and building-
employee ratios used to det 'ne the fees.
C. Demand for City S rvices
Demand for City services in luded in the interim service fee methodology is dependent on the
number of people and empl yees per house or per nonresidential activity, respectively. The
residential and nonresidenti development categories are described below. Refer to the
Supporting Documentation ection at the end of this report for further details.
The residential interim servi e fees are calculated on a per housing unit basis for the following
categories: 1) single family etached, and 2) multifamily and other. The multifamily and other
category includes attached u its such as townhouses and condominiums.
The nonresidential interim s rvice fees include three categories: 1) office/institutional,
2) retail/shopping center, an 3) hotel. Nonresidential interim service fees are calculated per
1.000 square feet of develop ent, as determined by gross floor area and the number of
employees per square foot. For resort hotels, per room factors are used.) This approach allows
the fees to be proportionatel increased according to the size of nonresidential development.
D. Maximum Suppor ble Interim Service Fees
The table on Pages 3 and 4 elow provide a schedule of the maximum supportable interim
service fees for the City; tha is, the amount that will not necessitate any subsidy by the existing
taxpayers. This schedule wo ld be included in the interim service fee ordinance.
Residential fees per housing unit vary by type of housing and the nonresidential fees are listed
per 1,000 square feet of buil ing space (gross floor area). Hotel fees are listed per room. Since
the interim service fees will e applied to serving new residents and employees once they occupy
the units, the fees should be orne effective at the time of Certificate of Occupancy. As indicated
above, the fees are prorated ver the course of the first year. In subsequent years, the new
development would be on th tax rolls.
Page 2
Tischler & Associates. Inc.
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Page 4
Tischler & Associates, Inc
II. GROWTH IMPAC ED SERVICE ACTIVITIES & ASSOCIATED GROSS FEES
The first component of dete . ning interim service fees is to ascertain the various City activities
whose operating expenses : 1) paid through the General Fund, and 2) likely to increase due to
growth. Net operating costs for these relevant activities are then detennined based on the
FY97/98 budget. To dete ne the net costs, all relevant revenues for that activity are deducted
from the total operating cost for services. The second component is to detennine the most
appropriate demand generat r such as population and/or employment. The gross fees are then
calculated per development pe based on persons per household or employees per square feet or
per hotel room.
The residential interim servi e fees are calculated on a per housing unit basis for the following
categories: 1) single family etached, and 2) multifamily and other. The multifamily and other
category includes attached u its such as townhouses and condominiums. The nonresidential
interim service fees are base on the three land categories and size ranges as defined below.
1. OfficelInstitution -- This category includes finance, insurance, real estate, services,
and institutional 1 d uses. Three size categories are used: less than 17 ,500 square
feet, 17,500 to 37 500 square feet, and greater than 37,500 square feet. These reflect
smaller and large office related uses, which in turn affect the number of employees
per 1,000 square eet.
2. Retail/Shopping
uses and shoppin
services and eati
square feet, 75,
These reflect sm
employees per 1,
enter -- This general commercial category includes all retail land
centers. Shopping centers typically include personal and business
drinking places. Three size categories are used: less than 75,000
to 150,000 square feet, and greater than 150.000 square feet.
ler and larger retail activities, which in turn affect the number of
square feet.
3. Hotel -- This cat gory includes hotel facilities that provide sleeping
accommodations, restaurants, cocktail lounges, meeting and banquet rooms or
convention facilit es, and other retail and service shops.
At the City's discretion, base on an applicant's request and supporting documentation, a more
appropriate nonresidential I d use category may be utilized as based on the Institute of
Transportation Engineers Tr" Generation manual. For example, a self service storage facility
would be its own category, d the applicable fee would be calculated based on the unique
employment levels for this t e of facility. In general, the larger the office and retail activities,
the fewer employees there w 11 be per 1,000 square feet. The industrial category, or warehousing
and light industrial, are fair! consistent regardless of size. Other categories that may be more
specific could have higher 0 lower numbers.
Page 5
Tischler & Associates, Inc.
A. Financial Support Ser ices
Of the five activity centers f the Finance Support Services Department, the Director of Finance
Support Services activity is xpected to be unaffected by growth. The other activity areas of
Accounting, Purchasing Hu an Resources and Information Management will be affected by
growth. The budget expens categories include personal services, contractual services and other
charges and services. To as ertain the department's variable operating expenses, the $138,555
personal services costs for t e Director of Finance Support Services activity is deducted from the
total cost $519,171. This r suits in an expense of $380,616.
A per capita and employee st factor is next derived given that both residential and
nonresidential development benefits from this activity. Dividing the net cost of $380,616 by the
total peak population and e ployment in the City, 41,239 (24,360 residents plus 16,879
employees), results in a cost factor of $9.23. The table below, which also uses data in Section V,
Supporting Documentation, umrnarizes the gross factors by land use type using the above cost
factor.
Financial Su port Services Gross Interim Service Fees
City of Avent ra, Florida
Persons Per ousehold
Single Family Detached
Multif mily
Employees r 1,000 Square Feet
Com I Shop Ctr < 75,000 Sq Ft
Com I hop Ctr 75,000-150,000 Sq Ft
Com I hop Ctr > 150,000 Sq Ft
Office Inst < 17,500 Sq Ft
Office Inst 17,500-37,500 Sq Ft
Office Inst> 37,500 Sq Ft
Hotel er room)
Level Of Se ice
Cost p r Capita or Employee
Gross Interi Service Fees
Resid ntial
Single Family Detached
Single Family Attached
Nome idential
Com I hop Ctr < 75,000 Sq Ft
Com I hop Ctf 75,000-150,000 Sq Ft
Com I hop Ctr > 150,000 Sq Ft
Office Inst < 17,500 Sq Ft
Office Inst 17,500-37,500 Sq Ft
Office Inst> 37,500 Sq Ft
Hotel er room)
Page 6
Standards:
2.11
1.68
3.33
2.50
2.00
4.39
4.04
3.80
0.90
$9.23
Per Housina Unit
$19.46
$15.47
Per 1.000 Sauare Feel
$30.77
$23.07
$18.46
$40.49
$37.28
$35.03
$8.31
Tischler & Associates, Inc.
B. Legal Services
A legal firm performs legal ervices as required by the City Council and City Manager. Based
on discussions with city sta f, it is estimated about 25% of the legal services costs can be
considered variable and wil increase due to growth. Therefore, 25% of the $205,000 in legal
costs represents variable co ts of $51,250. Dividing $51,250 by the total peak population and
employment in the City, 41, 39 (24,360 residents plus 16,879 employees), results in a cost factor
of $1.24. The table below s mmarizes the gross factors by land use type using the resulting cost
factor.
Legal Service Gross Interim Service Fees
City of Avent a, Florida
Persons Per ousehold
Sing e Family Detached
Mult amily
Employees P 1,000 Square Feet
Co I Shop Ctr < 75,000 Sq Ft
Co I Shop Ctr 75,000-150,000 Sq Ft
Co I Shop Ctr > 150,000 Sq Ft
Olli Ilnst < 17,500 Sq Ft
Offic Ilnst 17,500-37,500 Sq Ft
Offic Ilnst > 37,500 Sq Ft
Hot (per room)
Level Of Serv,
Cost per Capita or Employee
Gross Interim ervice Fees
Resi ential
Sing e Family Detached
Sing e Family Attached
Non sidential
Co I Shop Ctr < 75,000 Sq Ft
Co I Shop Ctr 75,000-150,000 Sq Fl
Co I Shop Clr > 150,000 Sq Ft
Offic Ilnst < 17,500 Sq Ft
Ottic Ilnst 17,500-37,500 Sq Fl
Otti Ilnst > 37,500 Sq Ft
Hot (per room)
Page 7
Standards:
2.11
1.68
3.33
2.50
2.00
4.39
4.04
3.80
0.90
$1.24
Per Housina Unit
$2.62
$2.08
Per 1.000 Square Feet
$4.14
$3.11
$2.49
$5.45
$5.02
$4.72
$1.12
Tischler & Associates, Inc.
C. Public Safety Departm nt
As the City continues to gro , most of the public safety operating expenses will increase.
Exceptions are the positions of police chief, deputy chief, executive assistant and administrative
assistant. However, the oth r activity centers of uniform patrol, special services and
administrative services will xperience an increase in operating expenses. The total public safety
budget is $4,099,720. From this is deducted the fully burdened personal services costs of the
four positions noted above, 280,152. The gross costs are therefor $3,819,568. Three revenue
categories are deducted fro this figure. These are federal grants ($7,396), police detail billing
($10,000), and county court lUes ($35,000). When the total revenue of $52,396 is deducted
from the expenses, the resul ing net expenses are $3,767,172.
The demands for services ar calculated by evaluating the calls for service as provided by the
Police Department. In eVal ting the costs for service, T A aggregated the calls for service,
which could be attributed to onresidentialland uses, such as retail, office and industrial/flex,
and residential land uses. F r a period of approximately 3 months, ending in January 26, 1998,
the calls for service from th e categories totaled 2,885. Of these, approximately 59% were for
the nonresidential categories indicated above and 41 % were for residential. Of the nonresidential
calls, 93% were specifically elated to retail activities and 7% were related to the remaining two
categories. These distributi ns of calls for service are not surprising given the magnitude of
retail activity within the city compared to other land uses. This distribution will be used for the
allocation of the costs.
As noted, 41 % of the net ex enses are allocated to residential. This figure of $1 ,544,540
(3,767,172 x .41) is divided y the population figure of 24,360 to generate a per capita cost of
$63.40.
The nonresidential cost is all ated on the basis of employees per thousand square feet by type of
activity. TA used the Dade ounty employment estimates by traffic analysis zone in Aventura
for 1995 and 2005 and assu ed an average annual increase during this period. This results in an
estimated 8,359 employees i the commercial sector in 1997. Since 93% of the nonresidential
costs are allocable to retail, r $2,067,047 ($3,767,172 x .59 x .93), the cost per retail employee
is $247.28. The other remai ing employment is for industrial (701 employees) and service
(7,746 employees including otels). The remaining costs, $155,584, ($3,767,132 x .59 x .07) are
allocated to the 8,447 emplo ees. The resulting figure is $18.42 per employee for these
categories. The table below ummarizes the gross factors by land use type using these resulting
cost factors.
Page 8
Tischler & Associates, Inc
Public Safety Gross Interim Service Fees
City of Avent ra, Florida
Persons Per ousehold
Si 91e Family Detached
M tifamily
Employees P r 1,000 Square Feet
Co / Shop Ctr < 75,000 Sq Ft
Co / Shop Ctr 75,000-150,000 Sq Ft
Co / Shop Ctr > 150,000 Sq Ft
Offee / Inst < 17,500 Sq Ft
Off ce / Inst 17,500-37,500 Sq Ft
Off ce / Inst > 37,500 Sq Ft
Ho el (per room)
Level Of Se~ ce
Co t per Capita
Co t per Retail Employee
Co t per Office/Hotel/Industrial Employee
Gross Interi Service Fees
Standards:
2.11
1.68
3.33
2.50
2.00
4.39
4.04
3.80
0.90
$63.40
$247.28
$18.42
Ie Family Detached
Ie Family Attached
Per Houslno Unit
$133.70
$106.31
Pef 1 [)()() Sauare Feet
$824.26
$618.20
$494.56
$80.80
$74.40
$69.90
$16.58
/ Shop Ctr < 75,000 Sq Ft
/ Shop Ctr 75,000-150,000 Sq Ft
/ Shop Ctr > 150,000 Sq Ft
e / Inst < 17,500 Sq Ft
e / Inst 17,500-37,500 Sq Ft
e / Inst > 37,500 Sq Ft
I (per room)
D. Community Services D partment
There are a number of servi s performed under the Community Services Department. These
are allocated to four general ctivity centers: public works, contractual city engineer services,
landscape architecture, and ultural/recreation.
During the current budget y ar, the operating expenses of this department will increase in order
reflect the operation of Foun ers Park as well as the initiation of the local circulator bus services.
Accordingly, there are no fi ed costs assumed in this department. The total community service
costs are $1,306,902. From his is subtracted the General Fund revenue category of
recreational/cultural events ( 20,000) and the State revenue sharing revenues utilized in the
operations of this departmen ($78,000). Therefore, revenues of $98,000 are deducted from the
total costs, to represent a net operating expense of $1,208,902.
Because the overwhelming cus of current activities are related to roads, street maintenance,
and related landscaping and eautification, road usage by various land use categories is utilized
Page 9
Tischler & Associates, Inc.
"', a proxy for allocating the Community Services Department costs. The table below provides a
summary of the Level of Se vice standards used to calculate the interim service fees.
Community Services Gross In rim Service Fees
City of Aventura, Florida
Total Res and Nonres AWDV ips in 1997:
Total FY97 Net Community Se ices Operating Cost:
143,505
$1,208,902
Commercial! Office!
Residential ShoDDina Centers Hotel
9.57
5.86
87.31
68.17
53.22
22.64
18.31
15.59
8.92
62%
23%
28%
34%
50%
$8.42 $8.42 $8.42
Average Weekday Vehicle Trip Ends
R i i t r H In ni
Single Family Oetached
Multifamily
r i nil r 1 F
Com! Shop Ctr < 75,00 Sq Ft
Com! Shop Ctr 75,000- 50,000 Sq Ft
Com! Shop Ctr > 150,0 0 Sq Fl
Office /I nst < 17,500 S Ft
Office !tnst17,500-37, 0 Sq Ft
Office Ilnst > 37,500 S Ft
Hotel (per room)
Trip Adjustment Factors
Residentiat
Com 1 Shop Ctf < 75,00 Sq Ft
Com 1 Shop Ctr 75,000- 50,000 Sq Ft
Com 1 Shop Ctr > 150,0 0 Sq Ft
All Other Nonresidential
Level Of Service
Annual Operating Expe ditures per Trip:
Gross Interim Service Fees
Residentiat
Single Family Detached
Muttifamily
Nonresidential
Com 1 Shop Ctr < 75,00 Sq Ft
Com 1 Shop Ctr 75,000- 50,000 Sq Ft
Com 1 Shop Ctr > 150, Sq Fl
Office Ilnsl < 17,500 Sq Ft
Office Ilnst 17,500-37,5 Sq Ft
Office Ilnst > 37,500 Sq Ft
Hotel (per room)
Per Housing Unit
$49.98
$30.61
Per 1,000 Sq Fl
$169.43
$162.65
$151.09
$95.37
$77.11
$65.65
per Room
$37.57
The total annual net operatin cost of $1 ,208,902 is divided by the estimated number of
residential and nonresidenti Average Weekday Vehicle Trips (A WDVT) in 1997, 143,505.
(Refer to the Supporting Do mentation Section at the end of this report for details on how 1997
trips are determined.) The r ulting average operating cost is $8.42 per trip. This is multiplied
by the number of trips for ea h development type to determine an average annual cost factor to
be applied to new growth. T e resulting fees are shown at the bottom of the table.
Page 10
Tischler & Associates, Inc.
The Level of Service (LOS standards include Average Weekaay Vehicle Trip Ends from the
reference book, Tri Gener tion, published by the Institute of Transportation Engineers (6th
edition, 1997). A "trip end' represents a vehicle either entering or exiting a development (as if a
traffic counter were placed cross a driveway). For trip generation rates not shown in the table,
A ventura staff may use the ost appropriate rates from the Trip Generation manual, or rates
from approved local transp rtation studies.
Trip generation rates are adj sted to avoid double counting each trip at both the origin and
destination point. For offic institutional and hotel development, the trip factor is 50 percent.
For Commercial/Shopping enter development the trip adjustment factor ranges from 23 to 34
percent depending on the fl r area of the development. The trip factor is less than 50 percent
because retail uses attract v hicles as they pass by on arterial and collector roads. For example,
when someone stops at a co venience store on the way home from work, the convenience store
is not their primary destinat' n. The Trip Generation manual indicates that, on average, 31
percent of the vehicles enter ng shopping centers that have at least 250,000 square feet of floor
area are passing by on their ay to some other primary destination. The remaining 69 percent of
attraction trips have the sho ping center as their primary destination. Because attraction trips are
half of all trips, the trip adju tment factor for large size Commercial/Shopping Centers is 69
percent multiplied by 50 pe ent, or approximately 34.5 percent of the trip ends. The data
contained in Tri Generatio indicates there is an inverse relationship between shopping center
size and pass-by trips. Ther fore, appropriate trip adjustment factors have been calculated for
the three categories of shop ing center size used in the Community Services Department interim
service fee calculations.
For Residential uses, the tri adjustment factor is 62 percent because many of the employed
residents of A ventura go to ork outside of the City. Half of the trips attributed to residential
uses are production trips (Ie ving home), and half are attraction trips (returning home).
Therefore, the basic trip fact r is 50 percent. To this is added II percent to account for A ventura
residents working outside th City. According to 1990 census data (from Table P-46 of STF3A),
approximately 84% of A ven ura workers were employed outside of the City. Because home-
based work trips generally a count for 28% of all productions trips (National Personal
Transportation Study, US D pt. of Transportation, 1984), these three factors may be multiplied
together (0.50 x 0.28 x 0.84) to indicate the percentage of home-based work trips to locations
outside of Aventura. The re ulting 12 percent of trips have been added to the residential trip
adjustment factor to account for increased road impact due to commuting patterns.
E. Non-Departmental
Various activities ofthe non departmental category will provide services directly to employees
of various departments or to he City at large. For example, the insurance cost is heavily
influenced by increase in pe onnel, particularly police. Postage and copy machine costs are also
affected by increases in pop lation and employment within the city. The total operating
expenses for this department are $516,179. Since there are no offsetting revenues, these costs
are reflected as part of the in erim service fee. Dividing $516,179 by the total peak population
and employment in the City, 41,239 (24,360 residents plus 16,879 employees), results in a cost
Page II
Tischler & Associates, Inc.
factor of $12.52. The table elow summarizes the gross factors by land use type using the
resulting cost factor.
Non-Oepartm ntal Gross Interim Service Fees
City of Avent ra, Florida
Persons Per ousehold
Sing Famiiy Detached
Multi amily
Employees P r 1,000 Square Feet
Com I Shop Ctr < 75,000 Sq Ft
Com I Shop Ctr 75,000-150,000 Sq Ft
Com I Shop Ctr > 150,000 Sq Ft
Offic Ilnst < 17,500 Sq Ft
Offic Ilnst 17,500-37,500 Sq Ft
Offic I Inst > 37,500 Sq Ft
Hote (per room)
Level Of Serv e
Cost ef Capita or Employee
Gross Interim Service Fees
Resi ential
Singl Family Detached
Singl Family Attached
Nom sidentiat
Com Shop Ctr < 75,000 Sq Ft
Com Shop Ctr 75,000-150,000 Sq Ft
Com Shop Ctr > 150,000 Sq Ft
Offic Ilnst < 17,500 Sq Ft
Ollic Ilnst 17,500-37,500 Sq Ft
Offic Ilnst > 37,500 Sq Ft
Hotel (per room)
Page 12
Standards:
2.11
1.68
3.33
2.50
2.00
4.39
4.04
3.80
0.90
$12.52
Per Housina Unit
$26.39
$20.99
Per 1,000 Sauare Feet
$41.72
$31.29
$25.03
$54.91
$50.56
. $47.50
$11.27
Tischler & Associates, Inc.
III. ADJUSTED FEES BEFORE LAND CREDITS
For purposes of fairness, an to avoid the possibility that the fees will be higher than property
taxes that would be paid if t ese were partial year assessments, the net costs determined in
Section II are adjusted dowr to the total property tax revenue collected in the 1997 fiscal year.
Total growth-related Genera Fund expenditures amount to approximately $5.92 million.
However, property tax rever ues for that year amount to $5.86 million, 98.92 percent of the $5.92
million growth-related total, Net expenditures for each service activity in the General Fund are
reduced proportionately, Th", table below summarizes the proportionately adjusted growth
related net costs for each gr< Moth impacted service activity discussed in Section II.
Total General Fu d Costs and
Adjustments to F operty Tax Total
City of Aventura, Florida
Net General Adjusted Net Percent
Service Fund Cost General Fund Cost Adiustment
Financial Services $380,616 $376,496 98.92%
Legal Services $51,250 $50,695 98.92%
Public Safety $3,767,172 $3,726,398 98.92%
Community Servic s $1,208,902 $1,195,818 98.92%
Non-Departmental $516,179 $510,592 98.92%
Total $5,924,119 $5,860,000 98.92%
This percentage adjustment must similarly apply to the gross fees by land use type for each
service activity calculated i Section II above. The gross fees and resulting adjusted fees are
summarized in the table below.
Qooss lI1d ~_trlerim _lICe Fees by Service Pi. 'vity
aty 01 A....-olu'a, Aorida
Total
Land Use Type Rnancial l.eaaI Services PIJJIic SaIeIv Services Services
l?ross i Jldu 00 l?ross 'Jldustoo l?rossiJldustoo l?ross Mustoo l?ross i i>diustoo .Qooss i Arlusted
_demal (11
Sir>;je Farrily Deta:I1ed $19.46 , $1 25 $2.62 $2.59 $133.70, $132.25 $49.98 $49.44 $26.39 , $26.11 $232 $230
MJItif:m1y $15.471 $1 31 $2.00 $2.00 $100.31 1 $105.16 $3:).61 $3:).28 $20.99 ! $20.76 $175 $174
-(2)
Com I st'<Jp Or < 75.r:xxJ Sq A $3:). n , $343 $4.14 $4.10 $624.26! $815.34 $169.43 $167.60 $41.72 : $41.27 $1,070 $1,059
Com I st'<Jp Or 75,r:xxJ-15O,r:xxJ Sq A $23.07 , $282 $3.11 $3.07 $816.20! $811.50 $162.65 $160.89 $31.29 , $3:).95 $83B $829
Com/st'<JpOr> 15O,r:xxJ Sq A $16.46 i $1 26 $2.49 $2.46 $494.56 i $489.20 $151.00 $149.45 $25.03 , $24.76 $692 $684
Ofice/tnst < 17,500 Sq A $40.49 j $4<05 $5.45 $5.39 $00.00 , $79.93 $95.37 $94.34 $54.91 : $54.32 $ZT7 $Z74
Ofice/tnst 17.500-37,5OOSq A $37.28 , $388 $5.02 i $4.97 $74.40 , $73.60 $77.11 $76.27 $50.56 ! $50.02 $244 $242
Of"", Itnst > 37.500 Sq A $35.03 , $365 $4.72 , $4.67 $89.90 , $89.14 $85.65 $84.94 $47.50 ! $46.99 $223 $22D
rbteI (~room" $8.31, $ .22 $1.12, $1.11 $16.56 , $16.40 $37.57 $37.16 $11.27 ! $11.14 $76 $74
(1) Fees ate per lIlit for residential.
(2) Fees ate per 1.r:xxJ Sq. A. for ~ ard Of"" I nst. Erd per room for ftltels.
Page 13
Tischler & Associates, Inc
IV. LAND TAX CRED TS AND NET FEES
Given that owners of new d velopment will pay property taxes on land (which is already on the
tax rolls) during initial occu ancy after construction is complete, credits for land property tax
payments must be subtracte from the gross interim service fee. Based on an analysis of the
Miami Dade Property Appn 'ser's Assessment Roll, land value as a percentage of total property
value (land plus improveme ts) have been estimated for each of the residential and
nonresidential land use cate, ories. These percentages are shown in the table below.
Land alue as a Percentage of Total Value
For N w Construction
City 0 Aventura, Florida
Resid ntial
Single Family Detached 40%
Multif~ mily 30%
NonrE sidential
Comrr ercial/Shopping Ctr. 45%
Office nstitional 25%
Hotel 30%
Sourc : City of A ventura, Finance Support SelVices
The net interim service fees y land use are detennined by reducing the gross fee by the
associated land value percen age of total property value. The results are summarized in the table
below.
Net Interim S rivce Fees
City of Avent ra, Florida
La d Use Type
Residential
Single Family etached
Multifamily
Nonresidenti I
Com / Shop Ct < 75,000 Sq Ft
Com / Shop C 75,000-150,000 Sq Ft
Com / Shop C > 150,000 Sq Ft
Office / Inst < 7,500 Sq Ft
Office / Inst 17 500-37,500 Sq Ft
Office / Inst > 7,500 Sq Ft
Hotel (per roOf 1)
Page 14
Gross
Adjusted
Fee
$230
$174
$1,059
$829
$684
$274
$242
$220
$74
Net Fee
After
Land Credits
$138
$121
$582
$456
$376
$206
$181
$165
$52
Tischler & Associates, Inc.
V. SUPPORTING DO UMENTATION
A. 1997 Population and E ployment Estimates
Current population and emp oyment estimates in Aventura are summarized in the tables below.
Based on discussions with ity staff, seasonal residents are estimated to be 20 percent of year-
round residents. Total peak year population is therefore 24.260. Total at place employment in
the City is estimated to be 1 ,879 based on Dade County Traffic Analysis Zone (T AZ) data. The
second table shows employe estimates by employee type.
1997 Popul tion and Employment Estimates
City of Ave tura, Florida
Year-round opulation
Seasonal re idents (1)
Total Peak- ear Population
20,300
4,060
24,360
Employmen (2)
16,879
Total Popul tion and Employment
41 ,239
(1) Estiamte to be 20 percent of Year-Round Population.
(2) Estimate based on Dade County total employment estimates
byTAZ in Aventura in 1995 (16,299) and 2005 (19,199) and
averaging the employment increase.
1997 Employ ent Estimates by Employment Type
City of Avent ra, Florida
Employment
Category
Employees (1)
Industrial
Service
Commercial
701
7,746
8,359
(1) Estimated ased on Dade County employment estimates by T AZ.
in Aventura in 1995 (16,299) and 2005 (19,199) and averaging the
employme t increase.
B. Average Household Siz
In 1990, there were 8,889 ho seholds in A ventura. The 1990 mixture of housing types, as
defined by units in structure, s shown in the figure below. After reviewing the detailed
household size data. T A reco ends using the following two residential categories in the
interim service fee calculatio s: 1) single family detached, and 2) multifamily, which includes all
Page 15
Tischler & Associates, Inc.
attached housing units. Th resulting average household size is 2.11 for single family detached
and 1.68 for multifamily. differentiation by type of housing is necessary to make the interim
service fees roughly propo ionate and reasonably related to service demands.
Population and Housin Characteristics
Aventura, Florida
Persons per
Units in S ructure Persons Households Household
Owner-Occupied Housi g
1 detached 79 40 1.98
1 attached 633 287 2.21
2 33 17 1.94
3-4 22 18 1.22
5-9 139 70 1.99
10-19 185 112 1.65
20-49 1,084 623 1.74
50 or More 9,022 5,440 1.66
Other 322 211 1.53
Renter-Occupied Housi g
1 detached 18 6 3.00
1 attached 180 68 2.65
2 9 5 1.80
3-4 40 21 1.90
5-9 60 29 2.07
10-19 67 40 1.68
20-49 255 136 1.88
50 or More 2,702 1,741 1.55
Other 59 35 1.69 Housing Dist.
Aggregate Household aracteristics
Single Family etached 97 46 2.11 0.5%
Multifamily (1) 14,431 8,607 1.68 96.7%
Other 381 246 1.55 2.8%
TOTAL 14,909 8,899 1.68 100%
(1) Includes SFA, and 2 u its per structure through 50 or more units per structure.
Source: 1990 U.S. Censu Bureau Summary Tape File lA, Avenlura COP
C. Building Area Ratios
To convert employment to g oss floor area of nonresidential development, T A used average
square feet per employee m Itipliers (per room for hotels). The multipliers shown in the table
below are derived from nati nal data published by the Institute of Transportation Engineers
(ITE) and the Urban Land stitute (ULl). The trip generation rates and the square feet per
employee multipliers are us d in the interim service fee calculations.
Page 16
Tischler & Associates, Inc.
Employee 81'id 8ullding Area Ratios
City of Aventu,"3 Interim ServJce Fee
Land Use
(ITE code)
Commercial I Shopping Ctr (820)
50 KSF GLA
100 KSF GLA
200 KSF GLA
General Office (710)
10 KSF GFA
25 KSF GFA
50 KSF GFA
General Light Industrial (ItO)
Hotel (310)
(1) Based on Information provided fr
(2) Square feet per employee caJculat
from Dollars and Cents of SOO i
is based on data in 1997 ITE Manu
densities
Wkdy Trip Ends
Per 1,000 Sq Ft (1)
( er Room for Hotels)(l)
Emp Per
Wkdy Trtp Ends 1,000 Sq Ft Sq Ft
Per Employee (1) (Per Room for Hotels) (1) Per Emp (2)
87.31 na 3.33 300
na 2.50 400
53.22 na 2.00 500
22.64 5.16 4.39 228
18.31 4.53 4.04 248
15.59 4.11 3.80 253
3,02 2,31 433
14.34 0.90
Trio Generation, Institute of Transportation Engineers, 1997.
from trip rates except for Shopping Center data, which are derived
Centers, published by the Urban Lancllnstitute, and for hotels which
sourced from Buttke, Carl H. unpublished studies of building employment
The square feet per employe multipliers shown in the last column on the right are used to
convert employment into th usands of square feet (KSF) of nonresidential floor area. In
A ventura, the General Light dustrial (ITE land use code 110) is an appropriate prototype for
jobs in the industrial employ ent sector. Office development in A ventura is typically located in
scattered, mid scale building . Therefore, a general office building of 25,000 square feet is a
suitable prototype for future ffice and institutional development. This size office building has
an average of 248 square fee per employee. For Retail jobs, a prototypical development in
Aventura is a shopping cent r of approximately 100,000 square feet. A commercial
development of this size wi! have approximately 400 square feet per employee. These
"prototypes" are used to calc late total nonresidential trips in 1997. (Refer to the next section
regarding the derivation of t tal residential and nonresidential vehicle trips in 1997.)
D. Residential and Nonres dential Vehicle Trips
The table below shows the e timated 1997 average weekday vehicle trips (AWDVT) in
A ventura. Both residential d nonresidential trips are calculated. This information is used for
the interim service fees asso iated with the Community Services Department (refer to Section II,
Part D). Based on current d velopment characteristics, there are an average of 60,338 residential
trips and 83,167 nonresident al trips for a total of 143,505 vehicle trips on an average weekday.
Page 17
Tischler & Associates. Inc
Residential Housing Units (1) Units
Single Family D ached 89
Multifamily 16,622
All Other 475
Total 17,186
Average Weekday Vehicle rip Ends per Household (2)
Single Family De ached
Multifamily
All Other
Residential Vehicle Trips n an Average Weekday
Single Family De ached
Multifamily
All Other
Residential Sub otal
Non-Residential Gross Flo r Area (Sq. Ft. x 1,000) (4)
Industrial
Service (Office)
Commercial
Average Weekday Vehicle rip Ends per 1,000 Sq. Ft. (2) Trip Factors (3)
Industrial 6.97 50%
Service (Office) 18.31 50%
Commercial 68.17 28%
Non-Residential Vehicle Tr ps on an Average Weekday
Industrial
Service (Office)
Commercial
Nonresidential ubtotal
1997 Vehicle Trips on An verage Weekday
City of Aventura Interim S rvice Fees
9.57
5.86
2.21
TOTAL TRIPS
Percent
0.5%
96.7%
2.8%
100.0%
Trip Factors (3)
62%
62%
62%
517
59,184
638
60,338
304
1,918
3,344
1,059
17,551
64,557
83,167
143,505
(1) Based on 17,186 residen ial units in 1997 as estimated by the City. Percent breakdown by
housing unit type based 0 household distribution percentage as indicated in 1990 Census.
(2) Trip ends from 1997 ITE anual for residential. Trip rate for multifamily is Residential Condo/
Townhouse category. Tri factor for other residential based on Congragate Care Facility.
Nonresidential based on ical development characteristics in Aventura -- 100K retail space,
25K office space, and lig industrial.
(3) See text in Section II, Pa D for an explanation of trip factors.
(4) Based on 1997 employm nt distribution times employee square foot factors for typical
development characteristi s in Aventura.
Page 18
Tischler & Associates, Inc
CITY OF A VENTURA
o FICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soro a, City Manager
FROM: Jeffrey M. Pe low, Commissioner
DATE: July 2, 1998
SUBJECT: Communicati n by Commissioners
July 7,1998 City Commi sion Meeting Agenda Item 10
Please place the following opic on the Commission meeting agenda for possible action
to prepare legislation:
Communica ion by Commissioners Prior to Public Hearing
JMP/tms
cc: City Commission
MIAMI DAILY BUSINESS REVIE
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appe ed
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, legal Notices of the Miami Daily Busin 55
Review ffk/a Miami Review, a daily (except Saturday. Sun ay
and Legal Holidays) newspaper, published at Miami in de
County, Florida; that the attached copy of advertisem nt,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
ORDINANCE AMENDING ORDINA CE
NO. 97-25
in the .......................XXXXX...................................... Co rt,
was publiShed in said newspaper in the issues of
Jun 15, 1998
Affiant further says that the said Miami Daily Busi 55
Review is a newspaper published at Miami in said de
County, Florida, and that the said newspaper has hereto ore
been continuously published in said Dade County, Flo da,
each day (except saturday, Sunday and Legal Holidays) nd
has been entered as second class mail matter at the ost
office in Miami in said Dade County, Florida, for a peri of
one year next preceding the first publication of the atla ed
copy of .advertisement; and affiant further says that she as
neither paid nor promised any person or rpora ion
any discount ebate, commissio f d for t pu se
of securi is advertisem lication n the aid
newsp er.
~ ~.
ctryofi[;e
CITY OF AVENTURA
PUBLIC NOTICE
OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuesday, the 7th day of July,
1998, at a meeting of the City Commission of the City of Aventura, to
be held at 6:00 p.m. in the Commission Meeting Room at the Aventura
Hospital and Medical Center, 21110 Biscayne Boulevard, Suite 101,
Aventura, Florida, the City Commission will consider the adoption of
the following Ordinance on second reading, entitled:
AN ORDINANCE OF THE CtTY COMMtSSION OF THE
CITY OF AVENTURA. FlORtDA. AMENDING ORDtNANCE
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 tN EXHIBIT 'A' ATTACHED HERETO; AUTHOR-
IZING THE CITY MANAGER TO DO All THINGS NECES-
SARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVtDING FOR AN EFfECTIVE DATE.
The prpposed Ordinance may be inspected by the public at the Of~
fice qfthe City-Clerk, 2999 N.E. 191st Street, S\Jite 500, "Avenlura,
~jQrrcfa-:-lnterested -parties :-m-ayappear--aTthe Public Hearingand'1)e-
heard with respect to the proposed Ordinance. Any person wishing to
address the City Commission 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
Commission 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 June 15, 1998.
Teresa M.$mith, CMC, City Clerk
98-4..()61508M
6/15
MIAMI DAILY BUSINESS REVIE
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appe ed
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Busin 55
Review ftk/a Miami Review, a daily (except Saturday, Su ay
and Legal Holidays) newspaper, published at Miami in de
County, Florida; that the attached copy of advertisem nt,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
AN ORDINANCE ESTABLISHING
INTERIM SERVICE FEES FOR
PROPERTIES NOT YET INCLUD D
IN THE COUNTY'S TAX ROLL
in the .......................XXXXX...................................... Co rt,
was publiShed in said newspaper in the issues of
Jun 15, 1998
(SEAL) Y P OfFICIAL NO P.V SEAL
" U<9( JANETT L ERENA
Octelma V. Ferbeyre per ~ fct meC.Mlss"OH NUMBER
<<' "
'!\ 1 ~ <( CeS6 004
"" . '" . rf MY COMMISS N EXPIRES
{' OF f\.O JUNE 2 2000
J
~~~J~~.
G-Iy ofB~
CITY OF AVE.,.TURA
PUBLIC NoTICE
OF P"OPOSED O"DINANCE
. I
NOTICE tS HEREBY GIVEN that on Tuesday, the 7th day 01 July,
1998, ata meeting of the City Commission of the City of Aventura. to
be held at 6~OO p:m, in the Commission Meeting Room at the
Columbia Aventura Hospital and Mad!' al Center, 21110 Biscayne
Boulevard, Suite 101, Aventura, Florid , the City Commission will
consider the adoption of the following _ rdina n", on second reading,
entitled: ,
AN ORDtNANCE OF THE CITY 0 AVENTURA, FLORtDA
ESTABLlSHtNG INTERIM SERVtK:E FEES FOR PRO-
PERTtES NOT YET tNCLUDED tN THE COUNTY'S TAX
ROLL; PROVIDING FOR tNCLUSIC)N IN THE CODE; PRO-
VIDING FOR CONFLICT; PROVIDtNG FOR SEVERABILITY;
AND PROVtDtNG AN EFFECTtVE 9ATE.
The proposed Ordinance may be ins~cted by the public at the 01.
lice of the City Clerk, 2999 N,e, 191st Street, Suite 500, Aventura,
Florida, Interested parties may appear at the Public Hearing and be
heard'withrespect to the proposed Ordihanoe, ~y per$On wishing to
address the City Commission on any item at *his PU,blic Hearing is
asked to'reQister with the Ci~yClerk prior-to that 'em being heard,
'h"accOrdance with theAm~ric:ans with Dt$aIJtli~es Act of 1990, all
persOns' ...mo'ltre disabled and WhO need' specia/accommodations' to
parti~pateil1 ~isp~ingbe e:use otthatdisabmtysho~I~~ntact
t~"Ofli1l<!~'lhe ~~~~,,4Q!! i!91, "'*laten_~o'~IJS""S dayS
p~ort<?-sU'cti pr~~~s~." -. , " <
"'If,'~\pet'SO~f;deCictes toap _' any decis~onr;nade by th~ City
Commission with, respect to an matler considef'e<i at .a meetmg or
hearing, that person will need . record of the proceedings and" for
such purpose, may need. to e sure- that: a verbatim ~rd of. the
proceedings is made. which rdinetudes the testimony and
evid~nceupon which the appeal s to ~ based.
Dated June 15, 1998.
, "~I
Teresa M. Smith, CMC, City Cterk
9S'4-061507M
6/15
MIAMI DAILY BUSINESS REVI W
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally app red
Sookle WIlliams. who on oath says thai she Is the Vice
President of Legal Advertising of the Miami Dally Bus ness
Review flk/a Miami Review, a dally (except Saturday, S nday
and Legal Holidays) newspaper, published 81 Miami In ade
County, Florida; that the attached copy of advertise ent,
being 8 Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 7/7/98
APPLICANT NAME: BISCAYNE
RETAIL PARTNERS, LTD.
APPLICATION NO.: 09-SP-98
AND 04-VAR-98
xxxxx
In the...
...... Durt.
W.rJ!'Jbll~~ :n 'r'l,'!l'~p.p.r In the I..u.. ot
Affiant further says that the said Miami Dally Bus nsss
Review Is a newspaper published at Miami In said ade
County, Florida, and thai the said newspaper has here fore
been continuously published In said Dade County, FI rlda,
each day (except Saturday, Sunday and Legal HoUda and
has been entered as second class mall matter at the post
office In Miami In said Dade County, Florida, for a per d of
one year nexl preceding the first publication of the alt ched
copy of ertlsement; and affiant further says that sh has
nelt pal nor promised any person, firm or corpo tlon
any Isco t, rebate, commission or refund for the pu ose
of ecurl g this adv Isement for publication In th said
ne p,-er.
(SEAL)
Sookle Williams pe
OFFICIAL NOTA V SEAL
..t-wlt II .ANETT LL ENA
~.1 kno m8':
'" . If:;.. ,t C9MMlSOIOH MBEA
15, l, ~ CC566 04
?",' 12 11'I COMMlSSlO EXPIRES
l' OF' cO'" JUNE 232000
l)\: .\\'p
, ~~ -\-
&~... 4''fC.~;'''.1~:t
*~l~
-'t~-)~':-::'.<-~--:~}}~ -:*
VII,)~' '
~".\
CITY.OF A"ENTURA
NOTICE OF PUBLIC HEARING
DATE AND TIME OF PUBLIC HEARING: Tuesday, July 7,1998
6:00 pm
Biscayne Retail Partners, Ltd.
The applicant ','isrequesting . Site Plan
approval in'coojunction with the following
non-use variances as prompted by the
Florida Department of' Transportation
(FOOT) taking of a portion of the' subject
property: 1)' a non-use variance of open
. space requirements; and 2) a sign
variance to permit two (2) signs larger
than allowed by Code
APPLICATION NUMBER: 09-SP-98 and 04-VAR-98 i
LOCATtON OF SUBJECT PROPERTY: 19915 -19925 Biscayne Boule-
vard (aka. BorderslUnens & Thingsl Chili's)
LEGAL DESCRIPTION: Tract -A-12- of -Aventura 12th Addition"
according to the plat thereof, as recorded
in Plat Book 146 al Page 19 of the Public
Records of Dade County, Florida.
SIZE OF SUBJECT PROPERTV:' :Approximately: 5;92 acres.
., .,....., -,~. ,~. .1'~'" ,;~'. -"., 'f:""" '.~,.-
APPLICANT NAME:
APPLICANT REQUEST:
Plans are on file and may be examined ~ring regular business I
hours in the City of Aventura, Community Deyelopment Department, !
2999 NE 191 Street, Suite 500. Aventura, FIo~ida, 33180. Plans may'
be modified at or before the Public Hearing~ The application may
change during the hearing process.
The Rublic He~lfing. will be held at Aventuraj Medical Arts Building,
21110 Biscayne Boulevard, Suite 101, Aventura,. Florida? 33~80. ~~ur
comments may be made in person at the hearing. or, flied," wrltmg
prior to the hearing date. Refer to applicant/property ~n
correspondence and mail, same to City of Aventura, Communlty
Development Department, 2999 NE 191 Street, Suite 500,Aventura.
Florida, 33180. 'For further information, please call (305) 466-8940.
In flCC9rdan~ with the Americans ,with DisabilitIes Act of 19,90, all
c': persons.: Who ,ar~; disabled. and... whoneeQ :spec~al~c:com(Tlodations, to
partiCipate in this proce:edlng-because of that dlsa~lhty shoul.d c()ntact
'the Office of the City Clerk,466-S901,.not later than two business days
prior to such proceedings.
If a person decides to appeal any decis~on made by th~ City
Commission with respect to any matter conSidered. at a meeting or
hearing that person will need a record of the proceedings and, for
such p~rpose, may need to ensure that a verbatim re,?<,rd 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
98,~-06~.A1M
0126
MIAMI DAILY BUSINESS REVI W
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally app ared
Sookls WIlliams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Bus ess
Review tiki. Miami Review, a dally (except Saturday, S day
and Legal Holidays) newspaper, published at Miami In ade
County, Florida; that the attached copy of advertise ent,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 7/7/98
APPLICANT NAME: DREW WOLF
APPLICATION NO.: 03-MA-97
xxxxx
Durt,
In the...
W.1Jl\bll'~~ :n .t9~'1\.p.por In tho I..u.. of
Affiant 'urther says that the said Miami Dally Bus n...
Review Is 8 newspaper published al Miami In said ad.
County. Florida, and that the said newspaper has heret fore
been contlnuously published In said Dade County, FI rlda,
each day (except Saturday, Sunday and Legal Hollda and
has been entered as second class mall mailer at the post
office In Miami In said Dade County, Florida, tor a perl d o'
one year next preceding the first publlcatlon of the all heel
copy o. advertisement; and affiant further says that sh has
neither paid nor promised any person, firm or corpo tlon
any disc t, rebate, commission or refund for the pu ose
of secu this advertisement for publication In th said
n ............iJ.
.
26
PI/ OFFICIAL N TARV SEAL
own to~. JANETT LERENA
'" ~ () CDMMlSGe NUMBER
~ Jt
~ 'it .',<< CC5 6004
"1- . . i' ItI't N EXPIRES
OF f\.O JUNE 32000
CITY OF AYEII11JRA
NoncE OF PUBLIC IEARING
;DATEANO'iiME OF PUB~lC HElUIIIG:T~. July 7,1998
. I 6:ODpn
AP~L1CANT NAME: Drew walt
APPLICANT REQUEST: . The applicart is....-,g the fotlowing:
1. RoIeese 01 pnMousIy approved Roso- .
lution No.Z..g.ag; am
2. Variance from D1apter 33 of the Miami-
Dade CounIy Code requiring a minimum
side 51_ _ of fifteen (15) feet.
(Provision of zero (0) foot side street
solback is pooposed); and
3. Variance from QuIpter 33 of the Miami-
Dade Counly Code requiring a minimum
front yard _ 01 twenty (20) feet.
, (Provision of zero (0) foot front setback is
proposed).
This iten;l was deIened from the public
hearing meeting of June 9, 1998.
APPLlCATtON NUMBER:' D3-MA-97B
.tOCATION OF SUBJECT PROPER1'Y: 171166-17870 Biscayne Boul.-
vai'd
.LEGAL DESCRIPTION: Lots 9 and 10 less therefrom the east
33.75 feet, of "'Maule Federal Highway
Industrial Sites" at PI8t Book 46. at Page
55. of the Public Records of Miami-Dade
County, Aorida.
SIZE OF SUBJECT PROPERTY: Aw.....'*"Y D.32 acres (13.872 SF)
"Plans are on file and maybe examined during regular busines~
'hpurs in the City of Aventura, Community Development Department.
',f9~.~~~fi~~1 a~t~ret~~~~et~O'~~~~:~;~~ii~~~;~. ~:~
~'a:nge' during thehearhlg-jxOtesS.:{ . .c, ,~,:",:\, ":~:'~r~
";, ., ", ..:. '. ',,; ',',,' ;,,"-
'f The PubliC; Hearing will be. held ,~':A"""" MedicalArls Building,
21 no Biscayne Boulevard, Suite 101, ~"FIorida,'33180. Your
cOlTli"ents may be made in person. at the heari1g or filed in writing
prior to the' hearing date.. ..Refer.. to applicant/property ?n
correspondericeand mail same to City of Aventura, Communlty
Development Department, 2999 NE 191 SIreet, Suite 500, Aventura,
Florida, 33180. For further information, please caB (305) 466-8940.
In accoi'dance with the Americans willi Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that clsabilily ~d contact
the Office of the City Clerk, 466-8901. noIlaIer than two bUSiness days
prior to such proceedings.
If a person decides .tQ-appeal any decision made by the City
Commission with respect to any matter ....~ed at a meeting or
hearing, . that person will need a reoon:I 01 the ~ings and, for
such purpose, may need to ensure 1hat a verbatim recoi'd of the
proceedings is made. which. recoId includes the testimony and
evidence upon which the appeal is- to be based..
Teresa M_ Smith. CMC, City Clerk
9&3-062667M
6126
MIAMI DAILY BUSINESS REVI W
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ap red
Sookls Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Bus ness
Review flk/a Miami Review, a dally (except Saturday, S day
and Legal Holidays) newspaper, published at Miami In ade
County, Florida; that the attached copy of advertise ent,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 7/7/98
APPLICANT NAME: ROBERT LA SBURGH
APPLICATION NO. 08-SV-98
In the.......
xxxxx
..... Durt,
"YJ'J\bll~~ ;n 'r~~'ll.pap.r In the I..u.. of
26
(SEAL)
Sookls Williams personally
CITY OF AVENTURA
NOTICE OF ~!iI,.IC tllEAJIlNG
DATE AND TIME OF PUBLIC HEARING: Tuesday, July 7.1998
6:00 pm
Robert LansbLirgh
The applicant is requesting a. Sign Vari-
ance to permit the following:
1. Modification to a 'previously approved
Resolution which permitted the erection of
one Wall Sign with the condition that the
property owner relinquish all rights to the
permitted Monument Sign. ~n exchange for'
the variance; :.
2. One (1) Wall Sign of 1115 square feet
which exceeds the previ<jlusly approved
size of 90 square feet;' .
3. One (1) Monument Sign with sign area
not to exceed 48 square feet and height
not to exceed 8 feet.
APPLICATION NUMBER: 08-SV-98
LOCATION OF SUBJECT PROPERTY: 2940 NE 168 Street
LEGAL DESCRIPTION: An unplatted parcet of tand in the
Southwest 14 ,of Section 3, Township 52
South, Range 42 East. (Lenglhy Legal -
You may contact the Community
Development Department for the complete
legal description).
SIZE OF SUBJECT PROPERTY:, Approximately 1.2 acre.
APPLICANT NAME:
APPLICANT REQUEST:
Plans are on file and maybe examined during regular .business
hours' in the City of A~ntul'fl~ ~.~~.ity"JJ~~!cmm~nt,.~Dment_
29991\fE 1"91 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 Aventura Medical Arts Building,
21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your
comments may be made in person at the hearing or filed in writing
prior to the hearing date. Refer to applicant/property on
correspondence and mail same to City of Aventura, Community
Development Department, 2999 NE 191 Street, Suite SOD, Aventura,
Florida, 33180. For further information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all
person's. 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
Commission 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.
6126
Teresa M. Smith, CMC, City Clerk
98-3-062643M
MIAMI DAILY BUSINESS REVI W
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally app .red
Sookl. WIlliams. who on oath says thai she Is the Vice
President 0' Legal Advertising of the Miami Dally Bus ess
Review flkl. Miami Review, a dally (except Saturday, S day
and Legal Holidays) newspaper, published at Miami In ade
County, Florida; thai the attached copy of advertise ent,
being 8 Legal Advertisement of Nollee In the matter of
CITY OF AVENTURA
PUBLIC HEARING 7/7/98
APPLICANT NAME: HIDDEN BA
ASSOCIATES II
APPLICATION NO.: 03-VAR-9
In the . XXXXX ............ Durt,
W~Jl'1'II.~~ :n .~~~'!\"p.per In Ihe I..ue. 01
Affiant further says that the said Miami Dally Bus n888
Review Is a newspaper published at Miami In said ade
County. Florida, and that the said newspaper has heret fore
been continuously published In said Dade County, FI rlda,
each day (except Saturday, Sunday and Legal Hollda and
has been entered as second class mall matter at the post
office In Miami In said Dade County, Florida, for a peri d of
one year receding the first publication of the att hed
copy advert ement; and affiant further says thai sh has
nelth r paid r promised any person, firm or corpo tlon
any scoun rebate, commission or refund for the pu ose
of s urin Ihls adye emenl for publication In th said
ews a~ .
26
iJ'
(SEAL)
Sookle Williams person
ARY SEAl.
I~own ~e. JANETT lERENA
'" ~ C' CClMMiSElIO NUMBER
" i"
~ '< t: ~ CC56 004
."" '" fJ MY COMMISS N EXPIRES
'" OF F'-O'" JUNE 3 2000
~:','
CITY OF AVENTURA .
...MmCE.OFPufLIC-HEARlNG
DATE AND TIME OF PUBLIC HEA~ING: Tuesday, Juty 7. 1998
i 6:00 p.m.
APPLICANT NAME: Hidden lBay Associates II
APPLICANT REQUEST: The ap~icant is requesting the following:
1. Non se Variance for building height in
excess, of permitted height, as required
pUrSua~ to Section 33.312 of the Miami-
Dade Cpunty Code; and
2. Non-kJse Variance from Section 33-211
of the Niliami-Dade County Code requiring
an interior side setback' (south property
line) of 1343 ft. (Provision of 247 ft. interior
setbackll is proposed); and
3. Modification of previously approved
Resoludons to the extent . that
develop~ent approvals may be granted
far this jIlpplication.
APPLICATION NUMBER: 03-VAR,98
LOCATION OF SUBJECT PROPEI!TY: NE 190 Streel and DUm-
faundlirl~ Bay
LEGAL DESCRIPTION: Tracts i , M and R of Marina Del Rey
Revis ',according to the plat thereof, as
record in Plat Book 144 at, Page 89, of
the P~ lic Records of Dade County,
Florida.
SIZE OF SUBJECT PROPERTY: pproximately 25.92 acres
Plans are on file and maybe xatnined during regular business
hours in the City of Aventura, Co munity Development Department,
2999 NE 191 Street, Suite SOO, A ntura, Florida, 33180. Plans may
be modified' at or before the Pu ic Hearing. The application may
change during the hearing process. :1
'The Public Hearing will ,be held ~t Aventura Medical Arts Building,
21110 Biscayne Boulevard, Suite 101,Aventura"Florida, 33180. Your
comments may be made in person at the hearing or filed in writing
prior to the heating date. Refer to applicanVproperty c:m
correspondence and mail same to City of Aventura, CommuOlty
DevelopmentOepartment, 2999 N~ 191 Street, Suite 500, Aventura,
Florida, 33180. For further informati9n, 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 di.sability should contact
the Office a,' the City Clerk, 466-8901, not later than'two business days
priorto such proceedings.
If a person decides to appeal; any decision made by the City
Commission with' respect to any ~atter considered at ~ meeting or
hearing, that person will need a ,",cord 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 Cterk
. 98-3-062644M
: 6126
RESOLUTION NO. 98-_
A RESOLU ION OF THE CITY COMMISSION OF THE
CITY OF VENTURA, FLORIDA, ACCEPTING AND
ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL
REVISION ND AUTHORIZATION, THE CITY OF
AVENTURA CAPITAL IMPROVEMENT PROGRAM
DOCUMENT FOR FISCAL YEAR 1998/99 TO 2002/03;
AUTHORIZI G THE CITY MANAGER TO DO ALL THINGS
NECESSAR TO CARRY OUT THE AIMS OF THIS
RESOLUTI ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the apital Improvement Program document for fiscal years
1998/99 to 2002/03, atta hed hereto was presented and recommended to the City
Commission of the City f Aventura by the City Manager as a long term plan of
proposed capital expendit res, the means and methods of financing the projects and
an action plan for the impl mentation of the projects; and
WHEREAS, the C ty Commission recognizes the need to adopt a Capital
Improvement Program to address Beautification and Parks, Roads, Drainage and
Infrastructure Improveme ts, Public Buildings and Facilities, Communications and
Computers and Capital quipment Purchase and Replacement which represents a
commitment by the com unity toward achievement and maintenance of a desirable
high quality of life for all re idents; and
WHEREAS, the Ci y Commission recognizes the need to formulate a Capital
Improvement Program whi h adopts a sound financing plan that includes both pay-as-
you-go and bond financin . The proposed Capital Improvement Program document for
fiscal years 1998/99 to 2 02/03 reflects the need to issue aproximately $19.3 million
dollars in debt, not includi g bond financing costs and reserves, to fund several of the
Resolution No. 98-_
Page 2
projects included in the p an. The City Commission pledges thlt during their current
term of office, they will ot take action to increase ad valo em taxes to support
additonal debt service re uirements other than what is provider for in the proposed
Capital Improvement Prog am document or required by the City'~ Comprehensive Plan
or such other County or tate legislation requring or causing sJme, without a vote of
the electors of the City 0 Aventura. However, in no event sh~1I the public's health,
safety, welfare or best i terests be jeopardized or the Cityls ability to react to
!
unforeseen emergencies r provide services to the community be limited in order to
avoid additional debt or ta increases.
WHEREAS, in the vent operating expenditures increase ,at a higher level than
,
I
expected, or unanticipate events reduce key revenue sources, ~n an annual basis the
I
City Commission will end avor to reprioritize projects or revise the schedules in order
I
to eliminate the need for ad valorem tax rate increases durin$ the next four years
I
(1998-2002). However, i no event shall the public's health, $fety, welfare or best
I
,
interests be jeopardized r the City's ability to react to unfor~seen emergencies or
I
provide services to the co munity be limited in order to avoid tax iincreases.
WHEREAS, the ity Commission has reviewed the IcaPital Improvement
I
Program document at a p blic meeting of the City commissionl and wishes to adopt
,
said document in concept. i
!
I
NOW, THEREFOR ,BE IT R~OLVED BY THE CITY CbMMISSION OF THE
CITY OF AVENTURA, FL RIDA, TtfAT:
Resolution No. 98-_
Page 3
Section 1. The ity Commission of the City of Aventura hereby accepts and
adopts in principle, subje t to annual revisions and authorization, the City of Aventura
Capital Improvement Pro ram document for fiscal years 1998/99 to 2002/03 attached
hereto and incorporated h rein as specifically as if set at length herein.
Section 2. The ity Manager of the City of Aventura, Florida be and the same
is hereby authorized to d all things necessary and expedient in order to carry out the
aims of this Resolution.
Section 3. This esolution shall take effect immediately upon adoption.
PASSED AND A OPTED by the City Commission of the City of Aventura,
Florida this th day of July 1998.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEG L SUFFICIENCY:
CITY ATTORNEY
EMS/tms
ARTHUR I. SNYDER, MAYOR
\~998\S8087\SD-' L'8 Jul 7 12: 25: 33 1995 J03::?H B KALL::'1 [; !;SSC<:ATI:S i::05: 920-5745
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I\TTORNEYS AT LAW
l~~~~lo
Alan S. Krischer
(305) 579-0837
July 2, 1998
VIA HAND DELNERY
Ms. Brenda Kelley
Interim Community Develop oot Director
City of Aventura
2999 N.E. 191st Street, Suit 500
I"'l..\'entura~ Florida. :!3180
Re: Hidden Bay ssociates II - Public Hearing Application No. 03-VAR-98 _
Withdrawal 0 Application
Dear Ms. Kelley:
Pursuant to Section 3 -304 of the Code of Miami-Dade County, as adopted by the City of
Avootura, by this letter Hidd Bay Associates II (the ''Applicant'') hereby formally withdraws its
application for non-use vari ces, originally submitted on April 14, 1998, and described by Public
Hearing Application No. 03- AR-98, with prejudice, subject to the time limitation exemptions set
forth in Section 33-304(a). In accordance the provisions of Section 33-304, this written
notification of withdrawal ha been executed by the Applicant in the same manner as the original
submittal of the application.
I would greatly app eciate it if you would sign the enclosed copy of this letter
acknowledging the withdra I of the application, and return it to my attention at the below
address.
Please feel free to ca me at (305) 579-0837 if you have any questions regarding this
matter.
Very truly your~,;"
. '" /" /-
./
:~, i _...:~,,-' _.______
Ala:rrS. Kfiscner
cc: Mr. Eric Soroka
David Wolpin, Esq.
Clifford A. Schu1man, E q.
GREENE ItC TltALlUG HOFFMAN LIPOFF ROSEN & QUEl\TEL, P.A.
1221 BRTCKEU.Av l'\UE MIAMI, FT.ORlrJA 3:H31 305-579-0500 FAX 305-579-0717
MIAMI N w YOUK W..\SIIINCTON, D.C. PHILADELPHIA SAO PAULO
FOHT LAUIH:RI), ,I, WI,S')' PALM B.EACH ORLANDO TALLAHASSEE BOCA RATON
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WE. THE UNDERSIGNED RESIDENTS AND VOTERS OF MYSTIC POINTE,
ARE OPPOSED TO THE ~RQPOSED 72 STORY BUILDING AT HIDDEN BAY,
BUILDI~G HEIGHT SHOULD NOT EXCEED CURRENT LIMITATIONS.
NAMF ('
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STO THE 72 STORY
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IGN UP SHEET
FOR BUSES
TO ATTEND
C UNCIL MEETING
JULY 7, 1998
BU ES WILL PICK UP
RE IDENTS BETWEEN
:15 - 5:30 P.M. IN
FONT OF TOWERS J
PLeA~6- ~c~;J rHEET fS6LotJ-.
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