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08-04-1998 CC Meeting AgendaCITY OF AVENTURA COMMISSION AGENDA August 4, 1998 - 6:00 P.M. City Commission Arthur I. Snyder, Mayor Ken Cohen, Vice Mayor Arthur Berger, Commissioner Jay R. Beskin, Commissioner Harry Holzberg, Commissioner Jeffrey M. Perlow, Commissioner Patricia Rogers-Libert, Commissioner Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota Helfman Pastoriza & Guedes, City Attorney City of Aventura Ci~ Commission Arthur L Snyder, Mayor Ken Cohen, Vice Mayor Arthur Berger Jay IL Beskin Harry Hoizberg Jeffrey M. Perlow Patricia Rogers-Libert Cit~ Manager Eric M. Soroka City Clerk Teresa M. Smith Cit~ Attorne~ Weiss Serota Heifman Pastoriza & Guedes AGENDA Commission Meeting August 4, 1998 - 6:00 P.M. Aventura Medical Arts Building 21 l 10 Biscayne Boulevard Suite I 01 Aventura, Florida 33180 CALL TO ORDER~ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING ltEARINGS - 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 m 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 Comrmssion, and if you wish to address the Commission, you may be subject to cross-exammmion. If you refuse to submit to cross-examination, the ConmUssion will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED AT 19495 BISCAYNE BOULEVARD; GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE 0.93 FEET OF THE REQUIRED 42.08 FOOT WEST BUILDING SETBACK WHERE A 41.15 FOOT SETBACK IS PROPOSED AND 0.05 FEET OF THE REQUIRED 26 FOOT WEST GARAGE SETBACK WHERE A 25.95 August 4, 1998 Commission Meeting Do FOOT SETBACK IS PROPOSED; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF PREVIOUSLY APPROVED RESOLUTION NO. 97-82, GRANTING A SIGN VARIANCE FOR AVENTURA SELF STORAGE LOCATED AT 2940 NE 188 STREET, TO PERMIT ONE (1) WALL SIGN NOT TO EXCEED 115 SQUARE FEET IN SIZE WHERE NO WALL SIGNS ARE PERMITTED; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING A NON-USE VARIANCE TO PERMIT THE ERECTION OF A PRIVACY WALL AND GATE AT A SINGLE-FAMILY HOME LOCATED AT 19951 NE 39 PLACE WHICH HEIGHT EXCEEDS THAT ALLOWED BY CODE; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING UNUSUAL USE APPROVAL TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH RESTAURANTS, TO AVENTURA MALL VENTURE, LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REPEALING AND SUPERCEDING THE PREVIOUSLY APPROVED RESOLUTION NO. 98-45; GRANTING A SIGN VARIANCE FOR: 1) MISCELLANEOUS TEMPORARY FLAGS/BANNERS; 2) ONE TEMPORARY, OFF-PREMISE SIGN; 3) ONE TEMPORARY, DEVELOPER IDENTIFICATION (CONSTRUCTION) SIGN; AND 4) MISCELLANEOUS TEMPORARY IDENTIFICATION AND/OR DIRECTIONAL SIGNS AS SHOWN ON THE SITE PLAN FOR PROPERTY LOCATED AT NE 190 STREET AND DUMFOUNDLING BAY, ALSO KNOWN AS HIDDEN BAY; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING A SIGN VARIANCE TO PERMIT A BUILDING IDENTIFICATION SIGN AT EACH OF THE FIVE (5) HIGH-RISE BUILDINGS WITHIN THE DEVELOPMENT KNOWN AS "THE POINT AT THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE. 2 August 4, 1998 Commission Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING A SIGN VARIANCE TO PERMIT: 1) TEMPORARY OFF-PREMISE DEVELOPMENT IDENTIFICATION SIGNS; 2) TEMPORARY SALES CENTER SIGN; 3) TEMPORARY OFF- PREMISE BOLLARD SIGN; AND 4) OFF-PREMISE DIRECTIONAL SIGNS FOR COSCAN FLORIDA, INC., KNOWN AS "THE POINT AT THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE. APPLICANT: DREW WOLF (It is anticipated that this item will be deferred at the request of the Applicant) 4. APPROVAL OF MINUTES: Commission Meeting Commission Workshop Budget Review Meeting Commission Meeting July 7,1998 Ju~20,1998 July 20, 1998 July 20, 1998 $. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND T1]F, TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING TIlE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes execution of Mutual Aid Agreement for police services with the Town of Golden Beach) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO THE ATTACHED DEDICATION AND EASEMENT AGREEMENT RELATIVE TO THE MALL ACCESS ROAD AND TRAFFIC SIGNALIZATION BY AND BETWEEN THE CITY AND AVENTURA MALL VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement relative to Mall Access Road and traffic signalization) August 4, 1998 Commission Meeting Co A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN & HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT LETTER; AND PROVIDING AN EFFECTIVE DATE. (Authorizes execution by City Manager of engagement letter for auditing services for F/Y 9-30~98) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE UNITED STATES CONGRESS TO FUND ROUND H OF THE FEDERAL EMPOWERMENT ZONE AND ENTERPRISE COMMUNITIES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. (Urges Legislature to fund program intended to create economic opportunities and rebuild poverty stricken communities in America) go MOTION AUTHORIZING THE APPROPRIATION OF UP TO $52,000 TO REIMBURSE THE GENERAL FUND FOR COSTS ASSOCIATED WITH THE STREET CRLMES UNIT AND FEDERAL TASK FORCE FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER' S MEMORANDUM. (Appropriates monies from the Police Forfeiture Fund to reimburse General Fund for leased vehicles and overtime costs associated with Street Crimes Unit and Federal Task Force) 8. PUBLIC HEARING: ORDINANCES - FIRST READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING ANY BUILDINGS PROPOSED TO BE CONSTRUCTED TO A HEIGHT IN EXCESS OF A CERTAIN NUMBER OF STORIES DESIGNATED BY THE CITY COMMISSION (THE "SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS OF A HEIGHT WHICH WAS PERMITTED AS OF RIGHT UNDER EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IE NOT PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF 4 August 4, 1998 Commission Meeting SECTION 33-319, ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE DATE. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None 10. RESOLUTIONS: None l'l. OTHER BUSINESS: None ~ 2. REPORTS ~ 3. PUBLIC COMMENTS ~4. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: COMMISSION WORKSHOP COMMISSION MEETING FIRST PUBLIC BUDGET HEARING SECOND PUBLIC BUDGET HEARING AUGUST 24, 1998 9 A.M.* SEPTEMBER 1, 1998 6 P.M. SEPTEMBER 10, 1998 7 P.M. SEPTEMBER 24, 1998 7 P.M. *Government Center 2999 NE 191~t Street Suite 500 This meeling is open lo the public. In aceordance with the Americans with Disabilities Act of' 1990, all persons who are disabled and who need special acx:otnmodations to p ai~iclpate in this meeting because of that disability should contact the Office of the City Clerl~ 466-8901, not later than two days prior to such proceeding, Anym~e wishing to appeal any decisic~ made by the Avmtura City conamssion with respect to any matter considered at such me~ing or hearing will Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~ Street, Suite 500, Aventura, Florida, 33180..Anym~e wishingto obtain a copy of any agenda item should contact the City Clerk at 466-8901. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~ I Eric M. Soroka, Ci~/~l~nag~r Brenda Kelley, Int~.r, im/~ ~,.~unity Development Direct~ July 28, 1998 Turnberry Associates request for Site Plan approval in conjunction with a Non-Use Variance. (10-SP-98, 05-VAR-98) August 4, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request. THE REQUEST The applicant is requesting Site Plan approval in conjunction with a Non-Use Variance as prompted by the Florida Department of Transportation (FDOT) taking of a portion of the subject property. (See Exhibit #1 for letter of intent) The Non-Use Variance request is as follows: 1. A variance of setback requirements to waive 0.93 feet of the required 42.08 foot west building setback where a 41.15 foot setback is proposed; and 2. A variance of setback requirements to waive 0.05 feet of the required 26 foot west garage setback where a 25.95 foot setback is proposed. BACKGROUND OWNER OF PROPERTY Aventura Mall Venture LOCATION OF PROPERTY 19495 Biscayne Boulevard (see Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 97.962 acres LEGAL DESCRIPTION Tract Q, Aventura 6th Addition PB 120- 2O Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District RU-4A, Hotel Apartment House District; BU-2, Special Business District GU, Interim District Biscayne Boulevard and the FEC Railroad RNV Existing Land Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Aventura Mall Office and Retail uses Office and Retail uses Turnberry Country Club and associated uses Biscayne Boulevard and the FEC Railroad RNV Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Parks and Recreation; Medium High Density Residential Biscayne Boulevard and the FEC Railroad R/VV The Site- The subject site, One Turnberry Place, is an outparcel of the Aventura Mall located at the northeast corner of Biscayne Boulevard and the William Lehman Causeway (see Exhibit # 2 for location map). The Project- The One Turnberry Place building was approved and constructed approximately 10 years ago. The building has two components, the actual parking structure and the building itself, which has a smaller footprint and is set on top of the parking garage. 2 The two components of this building have different setback requirements. This is because Miami Dade County Code requires any portion of a building in the BU-2 district that is between thirty-five (35) and forty (40) feet in height shall be setback at least 25 feet from the lot line adjacent to any street or thoroughfare. Thereafter, one (1) additional foot setback shall be provided for each five (5) feet of additional height. Since the two building components stand at different heights, the required west building setback is 42.08 feet and the required west garage setback is 26 feet. Due to a right-of-way taking by The State of Florida Department of Transportation (FDOT), the previously approved setbacks along the west property line of the subject property have changed. The west building setback is now at 41.15 feet where 42.08 feet was previously provided, and the west garage setback, which is closer to Biscayne Boulevard, is now at 25.95 feet where 26 feet was previously provided. ANALYSIS Consistency with Comprehensive Master Plan - The proposed development is not inconsistent with the Miami Dade County Comprehensive Development Master Plan. Review by Other ARencies FDOT - Florida Department of Transportation (FDOT) has been notified of the present application, consistent with the requirements of Ordinance No. 97-21, and FDOT is supportive of this application (See Exhibit #3). Review by City Departments Review by City Landscape Architect - The City's Landscape Architect has reviewed the plan and determined that the right-of-way taking is so minimal that it should not impact the landscaping. Community Development Department Analysis - The Florida Department of Transportation (FDOT) recently acquired a portion of the subject property running parallel to Biscayne Boulevard, approximately one (1) foot in width. The taking of land has decreased the west building setback. Criteria The City Commission adopted an Ordinance (No. 97-21) providing for the policy and procedure concerning Non-Conformities created by governmental acquisition of private property. Section 6.1 of the Ordinance lists criteria by which the City 3 Commission is to evaluate such variances. Staff has evaluated the requested variance according to the criteria: 1. The requested variance(s) will not adversely affect visual, safety, aesthetic or environmental characteristics of the community. The requested variance would not impact the visual, safety, aesthetic or environmental character of the community. The right-of-way taking is less than one foot, which is too minimal as to have any visual impact on total landscaped open space. 2. The requested variance(s) will not adversely affect the safety of pedestrians or the safe operation of motor vehicles. The west garage setback required by Code is 26 feet and the setback proposed is 25.95 feet. The west building setback required by Code is 42.08 feet and the setback proposed is 41.15 feet. The changes in building setback from Biscayne Boulevard are minimal and will not adversely affect the safety of pedestrians or the safe operation of motor vehicles in any way. 3. The requested variance(s) will not cause motor vehicle parking shortages, which adversely impact the community. The right-of-way taking does no affect parking. The requested variance(s) will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts. The right-of-way taking will not render the use of the property unfeasible or impractical. Citizen Comments - The Community Development Department has not received any written or verbal comments regarding this application. 4 June 5, 1998 Ms. Brenda Kelley Interim Director Department of Community Development CITY OF AVENTURA 2999 N.E. 191st Street - Suite 500 Aventura, Florida 33180 Re: One Tumbeny Place - Zoning Variance Dear Brenda: As you may be aware, the One Turnberry Place office building is located at the southwest comer of the Aventura Mall. Although it is a separate, free standing building not on a platted outparcel, it is designated as an outparcel for the mall site. This office building was approved and constructed approximately ten years ago. The building has two components; the actual parking structure and the building itself which has a smaller footprint set on a pedestal, which is the parking garage. As a result of the right-of-way taking, as shown on the attached plans, the setbacks along Biscayne Boulevard have changed. The first setback is 41.15 ft. where 42.08 ft. was previously provided, and the second setback, which is closer to Biscayne Boulevard, reflects 25.95 ft. where 26 ft. was previously provided. We believe the modification, as shown on the plans, is consistent with the intent of the ordinance to allow for a remedy to correct any deficiencies which occur as a result of the right-of-way taking. As stated in the ordinance, we do not believe that any special or unique circumstahces accrue which would establish a precedent for other buildings. In actuality, the reduction of the setback on this site is minimal. However, in accordance with the terms of the ordinance, we are submitting this application for a public hearing. In closing, we request your favorable review and consideration of our request, as it pertains to the building setback change. Thank you for your cooperation. /d Sincerely yo~, ~geJ. Berlin EXHIBIT #1 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5509 DADE COUNTY Gulfstream Park CIRCLE WAY CLUB DR. 201 TER, AVENTURA 192 ST. of Aventura 188 ST. 180 LEGEND Roadways City Boundary FLORIDA DEPARTMENT OF TRANSPORTATION District Six Legal Office 1000 N.W. 111th Avenue, Suite 6219 Miami, Florida 33172 Tel: (305) 470-6712 Fax: (305) 470-5552 July 22, 1998 Ms. Brenda Kelley Interim Director Department of Community Development CITY OF AVENTURA 2999 N.E, 191 st Street, Suite 500 Aventura, Florida 33180 RE: One Turnberry Place - Application Nos. 05-VAR-98 and 10-SP-98 Dear Ms. Kelly: As you know, es a result of the Biscayne Boulevard right-of-way taking, the front setback of the above captioned property has been reduced. In this connection, the owner has applied for a zoning review and a public hearing. This is to advise you that the Florida Department of Transportation does intend to proceed forward with the right-of-way improvement. As such, we do not object to the granting of variances to allow for the reduction in the setback 'co accommodate the right-of-way taking. Accordingly, we do not object to the above referenced applications. Very~truly yours, /~ Peter Waldman, Esq. Assistant General Counsel EXHIBIT #3 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED AT 19495 BISCAYNE BOULEVARD; GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE 0.93 FEET OF THE REQUIRED 42.08 FOOT WEST BUILDING SETBACK WHERE A 41.15 FOOT SETBACK IS PROPOSED AND 0.08 FEET OF THE REQUIRED 26 FOOT WEST GARAGE SETBACK WHERE A 25.95 FOOT SETBACK IS PROPOSED; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Turnberry Associates, through Application Nos. 10- SP-98 and 05-VAR-98 is requesting Site Plan approval and the following non-use variances in order to cure non-conformities created by the Florida Department of Transportation's (FDOT) acquisition of a portion of the subject property located at 19495 Biscayne Boulevard: 1. Variance of setback requirements to waive 0.93 feet of the required 42.08 foot west building setback where a 41.15 foot setback is proposed; and 2. Variance of setback requirements to waive 0.05 feet of the required 26 foot west garage setback where a 25.95 foot setback is proposed. WHEREAS, the Florida Department of Transportation (FDOT) has been notified of the application, consistent with the requirements of Ordinance No. 97-21, and is supportive of the cure plan for the property; and Resolution No. Page 2 WHEREAS, the Community Development Department recommends approval of the requests to the extent the Application is granted; and WHEREAS, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section1. Application Numbers 10-SP-98 and 05-VAR-98 for Site Plan approval and non-use variance approval on property legally described as: Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County a.k.a. One Turnberry Place '19495 Biscayne Boulevard is hereby granted. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals herein provided and to indicate such approvals upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 3 The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to vote, the vote was as follows: ., who moved , and upon being Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. Arthur I. Snyder, Mayor ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney This Resolution was filed in the Office of the City Clerk this __ day of ., 199__. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~. Eric M. Soroka. C~1~aglr ~i~ynl;, ~e~ ,ge8Y, ,nt. eri~.~unity Development Direct~ Request of Aventura Self Storage, I.p. for 1) modification to a previously approved Sign Variance to allow one (1) Wall Sign; and 2) Sign Variance to allow one (1) Monument Sign. (08-SV-98) August 4, 1998 City Commission Meeting Agenda Item This item was deferred from the July 7, 1998 Commission meeting. RECOMMENDATION tt is recommended that the City Commission take the following actions with conditions as outlined herein: 1) Approve the request for modification of a previously approved Resolution to permit the erection of one (1) Wall Sign at 115 square feet on the west elevation; and 2) Deny the request for one (1) Monument Sign on the basis that it does not meet the criteria for granting of variances found in the City's Sign Ordinance. THE REQUEST The applicant, Aventura Self Storage, I.p. following: (See Exhibit #1 for letter of intent) (Robert Lansburgh) is requesting the 1. Modification to a previously approved Resolution which permitted the erection of one (1) Wall Sign with the condition that the property owner relinquish all rights to the permitted Monument Sign in exchange for the variance; and 2. Sign Variance to permit one (1) Wall Sign of 115 square feet which exceeds the previously approved size of 90 square feet; and 3. Sign Variance to permit one (1) Monument Sign with sign area not to exceed 48 square feet and height not to exceed 8 feet. BACKGROUND OWNER OF PROPERTY: ADDRESS OF PROPERTY: SIZE OF PROPERTY: LEGAL DESCRIPTION: Aventura Self Storage, I.p. 2940 NE 188~ Street 53,004.6 square feet (1.2168 gross acres) (see attached Exhibit #2) Zoning - Subject property: Property to the North: Property to the East: Property to the West: Property to the south: IU-2, Industrial, Heavy Manufacturing District IU-2, Industrial, Heavy Manufacturing District IU-2, Industrial, Heavy Manufacturing District IU-2, Industrial, Heavy Manufacturing District IU-1, Industrial, Light Manufacturing District Existing Use- Subject Property: Properties to the North: Property to the South: Property to the East: Property to the West: Self-storage facility (under construction) Marina uses and vacant land canal followed by an industrial use Vacated building Marina Future Land Use -According to the Adopted 2000 and 2010 Land Use plan for Metro- Dade County, Florida, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the East: Property to the West: Property to the South: Industrial and Office Industrial and Office Industrial and Office Industrial and Office Medium-High Density Residential just south of the adjacent canal 2 The Site - The subject site is located at 2940 NE 188 Street. The size of the property is approximately 180', fronting on NE 188 Street, with a depth of approximately 270' to the canal (see Exhibit #3 for Location Map). The Project - The applicant received Administrative Site Plan approval on September 16, 1997 to construct a 4-story self-service storage facility. The new facility contains approximately 79,550 square feet of air conditioned space. BACKGROUND The applicant previously received approval (see Resolution No. 97-82 attached as Exhibit #4) to permit the erection of one (1) Wall Sign with the condition that the property owner relinquish all rights to the permitted Monument Sign in exchange for the variance. ANALYSIS Community Development Department Analysis- The Sign Ordinance allows the applicant one (1) Monument Sign by right, not to exceed 48 square feet in area and 8 feet in height. However, the applicant relinquished rights to that Monument Sign when granted approval under previous Resolution No. 97-82. The applicant is now requesting that the City Commission reconsider the previous conditions granted and allow installation of a 48 square foot Monument Sign to the front of the property along NE 188 Street. The width of building frontage for this facility is 125 feet. According to the Sign Code, a retail use would be allowed a 125 square foot Wall Sign. The intent of the previous approval was to allow the applicant a Wall Sign, as normally allowed to a retail use. At the time of the previous approval, the applicant was requesting a Wall Sign not to exceed 90 square feet. The applicant has determined that this size sign will not be practical or visible and has requested that they be allowed a larger Wall Sign not to exceed 115 square feet. Staff believes that this request meets the intent of the Sign Code in that it is within the 125 square foot maximum size normally allowed to a retail use. Due to the location of the Self Storage facility, a Wall Sign rather than a Monument Sign better serves the intent of the Sign Ordinance. It is the intent of the ordinance to authorize the use of signs that are: 1) legible under the circumstances in which they are seen; and 2) effective in indexing the needed goods and services. A Wall Sign would better identify the business to the community than a Monument Sign located along NE 188 Street. 3 Criteria The criteria for approval of Sign Variances as required by the City of Aventura Sign Ordinance (No. 97-17) require: The sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested variance to permit one (1) Wall Sign, in addition to the allowed one (1) Monument Sign, does not preserve or enhance the unique aesthetic character of the City. Staff believes that such an approval, resulting in two (2) signs total for the business, would be in conflict with the basic intent and purpose of the Ordinance. Citizen Comments - The Community Development Department has not received any written or verbal citizen comments. CONDITIONS It is recommended that the City Commission take the following actions with conditions as follows: 1. Approve the request for modification of a previously approved Resolution to permit the erection of one (1) Wall Sign at 115 square feet on the west elevation; 2. Deny the request for one (1) Monument Sign on the basis that it does not meet the criteria for granting of variances found in the City's Sign Ordinance. ~TANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Aventura Self Storage "Site Plan", Sheet SP-1, prepared by South East Architect Services, Inc., revisions dated 5/13/98. · Aventura Self Storage "Right Side Elevation - West", Sheet A-7, prepared by South East Architect Services, Inc., revisions dated 5/13/98. PROJECT SPECIFIC CONDITIONS 1. One (1) Wall Sign with copy to read "Aventura Self Storage" with lettering not to exceed 115 square feet is allowed on the wall treatment on the west elevation only. 4 2. As a condition of this variance, the applicant shall relinquish all rights to the otherwise permitted Monument Sign for the property. 5 AVENTURA SELF STORAGE L.P. May l3, 1998 2999NE 191'~. #500 Aventura, Fl. 33180 Dear Sir or Madam: AS OWNERS OF AVENTURA SELF STORAGE, WE WOULD LIKE TO DISUCSS SOME CONCERNES WE HAVE IN RELATION TO OUR SIGNAGE PREVIOUSLY APPROVED AT A PUBLIC HEARING SEVERAL MONTHS PAST. THE ELEVATION OF OUR WALL SIGN IS APPROXIMATELY 40' PLUS OR MINUS. WE FEEL THE CURRENT SIGNAGE WILL BE DIP'iqCULT TO READ FROM THE ROAD AND ARE REQUESTING A LARGER LETTER SIZE, FROM 18" TO 24" LETI'tSRS, A TOTAL OF 115 SQUARE FEET OF WALL SIGN. IN ADDITION, WE WOULD LIKE TO PLACE A MONUMENT SIGN IN FRONT OF THE PROPERTY, GMNG US STREET LEVEL IDENTIFICATION. THE MONUMENT SIGN IS 48 SQUARE FEET AND BRINGS OUR TOTAL SIGN SQUARE FOOTAGE TO 163 SQUARE FOOTAGE. CURRENTLY, THE CITY OF .AVENTURA DOESN'T CONSIDER MINI STORAGE A RETAIL USE, HOWEVER, IT IS VERY MUCH A RETAIL BUSINESS AND REQUIRES LOTS OF VISIBILITY AND SIGNAGE. WE ASK TO BE CONSIDERED A RETAIL USE FOR THE PURPOSE OF DETERMINING SIGN SQUARE FOOTAGE. GIVEN THE SIZE OF THE BUILDING, THIS WOULD AMOUNT TO 180 SQUARE FEET OF ALLOWABLE SIGNAGE, WITH A MONUMENT AND WALL SIGN PERMITI'ED. ENCLOSED, I HAVE PROVIDED SOME PHOTOS OF OTHER AND SOME LI~IERATURE TO SUPPORT IT'S RETAIL O~EB[T~ATION. Sincerelyl~ Robert Lansburgh Manager COMMUNITY D[VELOPMENT 2875 NE 191s~ ~512 ° AVENTURA, FL. ° 33180 PHONE: 305 935 I000 ' FAX: 305-935-2977 EXHIBIT #1 This.parcel of land ia the Southwest 1/4 of Section 3, Township//2 South, Range 42 East, Dad¢ County, Florida, dec~aq~.A as: Commence on the Southwest comer of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of fractional section 3, township 52 South, l~nng¢ 42 Hast, Dado County, Florida; thence run North 00' degrees 39 minutez 25 seconds West along the West line of the Southeast 1/4 of the Northeast i/4 of the Southwest 1/4 of said fractional Section 3, for a d/stance of 180.25 feet to a point; thence run North 89 degrees 20 minutes 35 seconds East for a distance of 270.03 feet to the point of beginning; thence continue North 89 degrees 29 minutes 35 seconds East for a d/stance of 150.00 feet to a point; thence run South 00 d6grees 39 minu.tes 25 seconds fa~t for a d/stance of 270.25 feet to a point on the North Bank Of thc. existing Canal; thence run West along the North Bank of the existing Canal; thence run West along the North bank of the existing Canal for a d/stance of 180.00 foot more or less to point, thence'run North 00 degrees 39 minutes 25 seeonds West for a distance of 2'/2.36 feet, ~fl'bre or less, to the point of beginning. EXHIBIT #2 LEGEND City Boundary EXHIBIT #3 RESOLUTION NO. 97-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, GRANTING A SIGN VARIANCE TO PERMIT ONE (1) WALL SIGN, NO GREATER THAN 90 SQUARE FEET, WHERE NO WALL SIGNS ARE PERMITTED ON THE PROPERTY LOCATED AT 2940 NE 188TM STREET; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned IU-2, Industrial, Heavy Manufacturing District; and WHEREAS, the Applicant, Robert Lansburgh, has requested a Sign Vadance to permit two (2) Wall Signs on a Self Storage facility where no Wall Signs are permitted for that certain property located at 2940 NE 188m Street; and WHEREAS, the Applicant has requested one (1) Wall Sign of 90 sq. ft. on the North elevation and one (1) Wall Sign of 90 sq. ft. on the West elevation; and WHEREAS, the Applicant is permitted one (1) Monument Sign by dght; and WHEREAS, the Community Development Department recommends approval of the Sign Vadance request for one (1) of the Wall Signs providing the applicant relinquish all rights to the permitted Monument Sign in exchange for the variance; and WHEREAS, the City Council has held a public headng as provided by law;, and WHEREAS, the City Council finds that the Application meets the criteda of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: EXHIBIT #.4 Page 2 Section 1. Application No. 03-SV-98 for a Sign Variance approval on property legally described as: See attached Exhibit #'1 a.k.a. 2940 NE 188th Street is hereby granted exclusively to the Applicant subject to the following terms and conditions: CONDITIONS 1. One (1) Wall Sign no greater than 90 sq. ft. be allowed on either the North or West building elevation. 2. The property owner relinquish all rights to the permitted Monument Sign for the parcel. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councllmember Perlow, who moved its adoption. The motion wes seconded by Councilmember Holzberg, and upon being put to vote, the vote was as follows: Councllmember Arthur Berger Councilmember Ken Cohen Councilmember Harry Holzberg Councllmember Jeffrey Perlow yes yes yes yes Page 3 Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder y'es PASSED AND ADOPTED this 16 day A~I'EST: Teresa M. Smith, CMC, City Clerk APPR~~..~L~ICIENCY: City Attorney Thi~u~zon~fi~ce of the City Clerkthis /'7 dayof Z~¢,,~,~c 199~'. CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF PREVIOUSLY APPROVED RESOLUTION NO. 97-82, GRANTING A SIGN VARIANCE FOR AVENTURA SELF STORAGE LOCATED AT 2940 NE 188 STREET, TO PERMIT ONE (1) WALL SIGN NOT TO EXCEED 115 SQUARE FEET IN SIZE WHERE NO WALL SIGNS ARE PERMITTED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned IU-2, Industrial, Heavy Manufacturing District, a non-residential district; and WHEREAS, the Applicant, Aventura Self Storage, I.p. (Robert Lansburgh), has previously received approval through Resolution No. 97-82 for one (1) wall sign no greater than 90 square feet to be allowed on either the North or West building elevation and that the property owner relinquish all rights to the permitted Monument Sign for the parcel; and WHEREAS, the Applicant, through Application No. 08-SV-98, has requested a revision to previously approved Resolution No. 97-82, to allow one (1) wall sign not to exceed 115 square feet on the west elevation and to allow one (1) monument sign with sign area not to exceed 48 square feet for that properly located at 2940 NE 188 Street; and WHEREAS, the Community Development Department recommends approval of the modification to Resolution No. 97-82 and the requested Sign Variance to allow one Resolution No. Page 2 (1) wall sign not to exceed 115 square feet on the west elevation providing that the applicant relinquish all rights to the permitted Monument Sign as a condition of the variance; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 08-SV-98 for modification to previously approved Resolution No. 97-82 and Sign Variance approval on property legally described as: See attached Exhibit #2 aka 2940 NE 188 Street is hereby granted exclusively to the Applicant subject to the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Aventura Self Storage "Site Plan", Sheet SP-1, prepared by South East Architect Services, Inc., revisions dated 5/13/98; Resolution No. Page 3 · Aventura Self Storage "Right Side Elevation - West", Sheet A-7, prepared by South East Architect Services, Inc., revisions dated 5/13/98. PROJECT SPECIFIC CONDITIONS 2. One (1) Wall Sign with copy to read "Aventura Self Storage" with lettering not to exceed 115 square feet is allowed on the wall treatment on the west elevation only. 3. As a condition of this variance, the Applicant shall relinquish all rights to the otherwise permitted Monument Sign for the property. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption and shall supercede any conflicting portions of Resolution No. 97-82. The foregoing Resolution was offered by Commissioner 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 Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder , who Resolution No. Page 4 PASSED AND ADOPTED this 4th day of August, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY A']-rORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,1998. CITY CLERK This.parcd of land in the Southwest 1/4 of S~tion 3, Township 5~. South, Range 42 E~t, Dade County, Florida, descn'ocxi as: Commence on the Southwest comer of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of fractional seetion 3, township $2 South, R~nE¢ 42 Hast, Dada County, Florida; thence run North 00 degrees 39 minutes 25 seconds West along the West line of the Southeast 1/4 of the Northeast i[4 of the Southwest 1/4 of said fractional Section 3, for a distance of 180.25 feet to a point; thence run North 89 degrees 20 minutes 35 seconds ]East for a distance of 270.03 feet to the point of beginning; thence continue North 89 degree~ 29 minutes 3!; s~cends East for a distance of 180.00 feet to a point; thence run South 00 degrees 39 minu.tes 25 seconds fast for a distance of 270.25 fcet to a point on the North Bank Of the. existing Canal; thence run West along the North Bank of the existing Canal; thence run West along the North bank of the existing Canal for a distance of 180.00 feet more or less to point, thence run North 00 degrees 39 minutes 25 seeonds West for a distance of 2'}2.36 feet, ~'dr¢ or less, to the point of beginning. EXHIBIT #2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commissio Ci~r Eric M. Soroka, Brenda Kelley, Irfterir~unity Development Direct(~ July 24, 1998 Request of Mark Gordon to permit the erection of a pnvacy wall and gate at a single-family home located at 19951 NE 39 Place, which height exceeds that allowed by Code, (06-VAR-98) August 4, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request with conditions as outlined herein. THE REQUEST The applicant, Mark Gordon, is requesting a Non-Use Variance to erect a privacy gate and wall, which will exceed the height limitation for a single family residence. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY SIZE OF PROPERTY Gall Gordon 19951 N.E. 39 Place Approximately .38 acres LEGAL DESCRIPTION Lot 1, Block 1 of the plat "Aventura Thirteenth Addition" according to the plat thereof as recorded in Plat Book 146 at Page 53 of the Public Records of Dade County, Florida. FUTURE LAND USE DESIGNATION Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: RU-4A, High Density Apartment House District RU-4A, High Density Apartment House District RU-4A, High Density Apartment House District BU-2, Special Business District Intracoastal Waterway GU, Interim District RU-4A, High Density Apartment House District Existing Land Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Porto Vita Multi-family Residential Multi-family Residential Intracoastal Waterway Turnberry Golf Course and Multi-family Residential Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade County, Florida, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: High Density Residential High Density Residential High Density Residential and Business and Office Intracoastal Waterway Turnberry Golf Course and High Density Residential The Site - The subject site is a single family lot within the development known as "Porto Vita". It is located between the Intracoastal Waterway and East Country Club Drive. (See Exhibit #2 for Location Map). The Project - "Porto Vita" is a development composed of high-rises, mid-rises, townhouses and a single family home. The applicant wishes to install a privacy gate and wall at the single family residence, which will exceed the height limitation allowed. Consistency with Comprehensive Master Plan - The request is not inconsistent with the Dade County Comprehensive Master Plan. 2 Community Development Department Analysis - A single family residence is being constructed atthe southeast corner ofthe development ~Porto Vita''. In connection with the construction of the residence, the owner wishes to erect a privacy gate and wall on the west end of the project adjacent to the street, which will exceed the six-foot height limitation. The owner has previously agreed to work with and grant neighboring property owners easements to facilitate access and drainage for their property to the west of the subject property. According to Section 33-11(h) of Miami-Dade County Code, the maximum height of fences and walls permitted in a residential district is six (6) feet. The proposed gate will be approximately 10 feet wide and 12 feet high. It will be composed of metal rods providing open visibility for the transmission of light and air. The wall will vary in height to a maximum height of 8 feet 2 inches. The proposed gate will be architecturally consistent with the main entranceway to Porto Vita. The property is bound on two sides by Biscayne Bay. The applicant believes this increases the risk of danger to children and others who may enter the property by an unauthorized manner. The additional height will provide additional safety protection for children and others who may breach a lower wall and be exposed to the risk of falling into Biscayne Bay. The guidelines for approval of Non-Use Variances as required by Miami-Dade County Code Section 33-311(e)(2) requires: The Non-Use Vadance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the Non-Use Vadance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. Since the property is bordered on two sides by Biscayne Bay, the erection of a privacy wall at a maximum height of 8 feet 2 inches would protect the general welfare of the public by providing additional security against unauthorized entrance to the property. The additional height will also provide protection for children and others who may breach a lower wall and be exposed to the risk of falling into Biscayne Bay. The variance requested is compatible with the surrounding land uses and would not be detrimental to the community. 2. No showing of unnecessary hardship to the lend is required. 3 Citizen Comments - The Community Development Department has not received any written citizen comments. CONDITIONS It is recommended that the City Commission approve the request for a Non-Use Variance subject to the following conditions: STANDARD CONDITIONS Plans shall substantially comply with those submitted as follows. · Site Plan, prepared by Miros W. Scheib, Sheet A-l, dated 9-30-97; and · Site Plan, prepared by Miros W. Scheib, Sheet A-3, dated 9-30-97; and · Site Plan, prepared by Miros W. Scheib, Sheet A-6, dated 9-30-97; and · Site Plan, prepared by Miros W. Scheib, Sheet A-9, dated 9-30-97. PROJECT SPECIFIC CONDITIONS 1. Applicant shall obtain building permits for the wall within 12 months of the date of this Resolution or the variance granted shall be deemed null and void unless extended by a motion of the City Commission. 4 BiLZiN SUMBeRG DUNN PRICE: ~ AO(eLROD LLP City of Aventura Community Development Department 2999 N.E. 191 St., Suite 500 Aventura, FL 33180 July 8, 1998 Re: Folio No. 28-1235-068-0010 Lot 1, Block 1, Aventura Thirteenth Addition according to the Plat recorded in Plat Book 146, Page 53 a~k/a 19951 N.E. 39th Place ("Property") Dear Ladies and Gentlemen: This letter of intent is being submitted in connection with an application for a non-use variance to permit the erection of a privacy wall and gate in excess of six feet in height. The Property is owned by Gail Gordon ("Owner") and the application for a variance will be processed by her husband, Mark Gordon. Owner is erecting a one-family residence on the Property which will contain approximately 10,000 square feet pursuant to plans which have been approved by the City of Aventura. In connection with the construction of the residence, Owner wishes to erect a privacy gate and wall on the west end of the Project adjacent to the street which will exceed the six-foot height limitation. A rendering of the proposed gate and wall is attached to this letter. The Owner has previously agreed to work with and grant neighboring property owners easements to facilitate access and drainage for their property. The gate will be approximately 10 feet wide and 12 feet high. It will be composed of metal rods providing open visibility for the transmission of light and air. The wall will vary in height to a maximum height of 8 feet 2 inches but will have cutouts for the transmission of light and air. The proposed gate will be architecturally consistent with the main entrance way to Porto Vita. The Property is bounded on two sides by Biscayne Bay. This raises the risk of danger to children and others who may enter the Property by an unauthorized manner. The additional height will provide additional security against unauthorized entrance to the Property and thereby provide G:\DMS\72025\09192\0197536.01 7/8/98 EXHIBIT #1 BILZIN SUMBeRG DUNN PRICE & AXELROD LLP City of Aventura July 8, 1998 Page 2 additional safety protection for children and others who may breach a lower wall and be exposed to the risk of falling into Biscayne Bay. The proposed variance will not impact any property along a public drive. Very truly yours, Stanley~Bc/Price SBP:cm G:\DMS\72025\09192\0197536.01 7/8/98 Mark J. Gordon 1505 N.W. 167th Street Miami, Florida 33180 July 24, 1998 Brenda Kelly City of Aventura Community Development Department 2999 N.E. 191st Street Suite 500 Aventura, Florida 33180 Dear Ms. Kelly: Per the request of Stan Price, I am sending a copy of a letter from Mr. David Budin, President of the Bella Vista South Condominiums Homeowners Association. This letter memorializes a conversation that I had with Mr. Budin about my entry wall and gate as he was concerned of the impact of this construction. After our meeting, as you can .~;ee, Mr. Budin and I reached an agreement to the benefit of both parties. Thank you for your assistance with this matter. Mark J. Gordon,~ Mark Gordon 1505 N.W. 167th Street Miami, Florida 33169 April 23, 1998 Mr. David Budin Bella Vista South Condominiums 20009 E. Country Club Drive Aventura, Flodda 33180 Dear Dave: I'm glad that we had the opportunity to meet last week to review pllans and discuss the issue regarding placement of my wall. To reiterate our discussion, we have modified the wall and made minor landscaping changes in order to accommodate your objective to provide a walkway which provides access behind the mid-dse building. As President of the Bella Vista South Condominium Homeowners Association, if you are in agreement with this, I respectfully ask that you sign below cc,nfirming your understanding of the above. I look forward to working together to achieve our objectives and as always, if you have any questions, please feel free to call me. MJG/sma ~/ Accepted by: David Budin, President Bella Vista South Condominiums Homeowners Association BROWARD { 203 ST. YACHT CLUB DR. /'^ /HA~R~---~C~OVE ~'-"--~ ) / ~/~A~''~'' ~7 CIRCLE B~.~ Shopp~x 207 ST. ~ LIB DR. 201 TER. AVENTURA O 192 ST, of Aventura 190 S 188 ST. LEGEND Roadways ...... City Boundary ..... ZIP Code Boundary ........... Railroad RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING A NON-USE VARIANCE TO PERMIT THE ERECTION OF A PRIVACY WALL AND GATE AT A SINGLE-FAMILY HOME LOCATED AT 19951 NE 39 PLACE WHICH HEIGHT EXCEEDS THAT ALLOWED BY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RU-4A, High Density Apartment House District, a residential district; and WHEREAS, the Applicant, Mark Gordon, through Application No. 06-VAR-98, has requested a Non-Use Variance to permit the erection of a privacy wall and gate at a single-family home located at 19951 NE 39 Place, which height exceeds that allowed by Code; and WHEREAS, the Community Development Department recommends approval of the request subject to conditions; and WHEREAS, following proper notice, the City Commission has held a public hearing, as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. Application No. 06-VAR-98 for a Non-Use Variance on property legally described as: Lot 1, Block 1 of the plat "Aventura Thirteenth Addition" according to the Plat thereof as recorded in Plat Book 149, Page 53 of the Public Records of Dade County, Florida. aka 19951 NE 39 Place is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows. · Site Plan, prepared by Mires W. Scheib, Sheet A-l, dated 9-30-97; and · Site Plan, prepared by Miros W. Scheib, Sheet A-3, dated 9-30-97; and · Site Plan, prepared by Miros W. Scheib, Sheet A-6, dated 9-30-97; and · Site Plan, prepared by Miros W. Scheib, Sheet A-9, dated 9-30-97. PROJECT SPECIFIC CONDITIONS 1. Applicant shall obtain building permits for the wall within 12 months of the date of this Resolution or the variance granted shall be deemed null and void unless extended by a motion of the City Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. 2 Resolution No. Page 3 The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Pedow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder ., who , and PASSED AND ADOPTED this 4th day of August, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,1998. CITY CLERK 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission i~/~a_/~r Eric M. Soroka, C Brenda Kelley, Int~in~.~unity Development Direc~'~ July 28, 1998 Request of Turnberry Associates for Unusual Use approval to permit outdoor patio and table service in conjunction with restaurants at the Aventura Mall. (05-UU-98) August 4, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request subject to the conditions outlined herein. THE REQUEST The Applicant, Turnberry Associates, is requesting Unusual Use approval to permit outdoor patio and table service in conjunction with restaurants located within the Aventura Mall. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY Aventura Mall Venture 19501 Biscayne Boulevard (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Tract "Q", Aventura 6th Addition as recorded in Plat Book 120 page 20 of the Public Records of Dade County SIZE OF PROPERTY Approximately 97.962 acres EXISTING ZONING BU-2, Special Business District FUTURE LAND USE DESIGNATION Business and Office Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District RU-4A, Hotel Apartment House District; BU-2, Special Business District; and GU, interim District Biscayne Boulevard and the F.E.C. Railroad Existing Use- Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Aventura Mall office and retail uses office and retail uses Turnberry Country Club and associated uses. Biscayne Boulevard and F.E.C. Railroad Future Land Use Designation - According to the Adopted 2000 and 2010 Land Use Plan for Miami-Dade County, Florida. The following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Parks and Recreation; Medium High Density Residential Biscayne Boulevard and the F.E.C. Railroad PJVV The Site - The subject site, the Aventura Mall, is located at the northeast corner of Biscayne Boulevard and the William Lehman Causeway. (See Exhibit #2 for location map). The Project - The Aventura Mall is currently in the process of many expansion projects. The addition of a new wing, which consists of an open courtyard area surrounded by various restaurants and shops, is nearly completed. Each of the restaurants front the open courtyard and have provisions available for outdoor dining. Two of the restaurants in the courtyard area, Cheesecake Factory and Coco's Sidewalk 2 Cafe, were granted Unusual Use approval by the City Commission to permit outdoor patio dining. Other existing and proposed restaurants in the courtyard area will also require Unusual Use approval to permit outdoor patio dining in the courtyard area. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Miami-Dade County Comprehensive Development Master Plan. Citizen Comments - The Community Development Department has not received any written citizen comments. Community Development Department Analysis - The applicant is requesting Unusual Use approval to permit outdoor patio and table service in conjunction with restaurants and food service within the Mall. According to Miami-Dade County Code, Section 133-33, outdoor dining is considered to be an Unusual Use and requires public hearing approval. The applicant proposes to provide outdoor patio dining consisting of approximately 430 seats aggregate to be located in the upper and lower levels in the courtyard area of the Aventura Mall. Approximately 274 seats are proposed for the ground floor of the courtyard and approximately 160 seats are proposed for the second floor of the courtyard. Criteria According to Article XXXVI, Section 33-311 (d) of the Miami-Dade County Code, an Unusual Use request should be evaluated using the following criteria: 1. The request would not have an unfavorable effect on the economy of Miami-Dade County; and The request to permit outdoor patio dining in conjunction with restaurants in a Mall would not have an unfavorable effect on the economy of Miami- Dade County. The request would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction; and The request to permit outdoor patio dining in conjunction with restaurants in a Mall would not generate or result in excessive noise or traffic, or 3 cause undue or excessive burden on public facilities above and beyond that which is already contemplated for the entire Mall. The request would not tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population; and The request to permit outdoor patio dining in conjunction with restaurants in a Mall would not tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding or concentration of people or population above and beyond that which is already contemplated for the entire Mall. The necessity for and reasonableness of such applied for exception in relation to the present and future development of the area concerned and the compatibility of the applied for exception with such area and its development. The courtyard is located approximately 550 feet from the perimeter of the property and is substantially surrounded by the existing mall structure. The request for outdoor patio dining in the courtyard will not adversely affect surrounding properties and is deemed to be compatible with the development in this area. Furthermore, the request is not unusual or unreasonable in the South Florida climate. CONDITIONS It is recommended that the City Commission approve the request for the Unusual Use subject to the following conditions consistent with those imposed upon similar previous requests: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Aventura Mall - Expansion", Courtyard Seating Plan, Sheet 36-12, prepared by RTKL Associates Inc., dated 6-24-98. PROJECT SPECIFIC CONDITIONS 1. The outdoor patio dining shall be operated solely as an accessory use to the restaurants in the Mall, and if these uses are terminated, the outdoor patio dining uses will automatically expire. 4 2. The outdoor dining shall be terminated in the event that the City Commission determines, after a public hearing, that the outdoor dining operation has created and/or may tend to create noise disturbanCes. The public hearing shall be set if the Director of the Department finds probable cause to believe that a noise disturbance has been created, based upon complaints received or the Director's observation. 3. No plastic or paper shall be utilized for food or beverage service in the outdoor dining area, so as to avoid litter problems. 5 ' rnb rO, LETTER OF INTENT June 10, 1998 The Honorable Ai~hur Snyder Members of the Commission CITY OF AVENTURA 2999 N.E. 191st St. - Suite 500 Aventura, Florida 33180 Re: Aventura Mall Ladies and Gentlemen: The undersigned requests your favorable review and consideration of the following: An unusual use to permit outside patio table service in conjunction with Aventura Mall on lands described in the attached application. As you are all aware, the Aventura Mall is in the process of an extensive expansion. This expansion has been on-going for some time. Included in this expansion is an open courtyard area, surrounded by various restaurants and the theater complex. We believe that this creates a focal point where people can gather and converse in a pleasant environment. The zoning code requires outside patio dining to be approved through a public hearing. Accordingly, this application is being filed for your consideration. We believe the outside seating ama is compatible with the shopping center and similar types of uses throughout Dade County. In an area such as Aventura, outside activities should be encouraged. The outside seating is actually located in the courtyard area, with the shopping center structure around it. There is an open access from the west side of the property, however, the courtyard itself is located a substantial distance from the perimeter of the property and should not adversely affect any surrounding property. This area of the mall, with the theater operation and these restaurants, was designed with the intent of being open later than the typical mall hours of operation. Its location is remote from any surrounding property, and it is at a lower ama of the overall shopping center. Again, the area is substantially surrounded by the existing mall structure. There should be no adverse impact to surrounding property owners due to lights, noise, odors, etc. We believe this is a proper and beneficial use of this area. In closing, we again request your favorable review and consideration. EXHIBIT #1 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 (305) 937~200 Fax: (305) 933-5509 BROWARD COUN~ DADE C'OUNTY Promenade 201 TER. 192 ST. City of Aventura 188 ST. 33' DumfoundlLng Bay Wil~ams Sound LEGEND Roadways City Boundary ZIP ..... HIBIT RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING UNUSUAL USE APPROVAL TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH RESTAURANTS, TO AVENTURA MALL VENTURE, LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Turnberry Associates, through Application No. 05-UU- 98, is requesting Unusual Use approval to permit outdoor patio and table service in connection with Boulevard; and and restaurants on that certain property located at 19501 Biscayne WHEREAS, the City Commission has held a public hearing as provided by law; WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application Number 05-UU-98 for Unusual Use approval to permit outdoor patio and table service in connection with restaurants on property legally described as: Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County Resolution No. Page 2 a.k.a. Aventura Mall 19501 Biscayne Boulevard is hereby granted subject to the following conditions: STANDARD CONDITONS 1. Plans shall substantially comply with those submitted as follows: · "Aventura Mall - Expansion", Courtyard Seating Plan, Sheet 36-12, prepared by RTKL Associates Inc., dated 6-24-98. PROJECT SPECIFIC CONDITIONS 1. The outdoor patio dining shall be operated solely as an accessory use to the restaurant, and if the restaurant use is terminated, the outdoor patio dining use will automatically expire. 2. The outdoor dining shall be terminated in the event that the City Commission determines, after a public hearing, that the outdoor dining operation has created and/or may tend to create noise disturbances. The public hearing shall be set if the Director of the Department finds probable cause to believe that a noise disturbance has been created, based upon complaints received or the Director's observation. 3. No plastic or paper shall be utilized for food or beverage service in the outdoor dining area, so as to avoid litter problems. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Resolution No. Page 3 Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to vote, the vote was as follows: , who moved , and upon being Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. Arthur I. Snyder, Mayor A'I-I'EST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney This Resolution was filed in the Office of the City Clerk this day of ,199__. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, City~ Brenda Kelley, Inter~ July 27, 1998 Development Directo~/'~ Request of Hidden Bay Associates for a Sign Variance to permit the erection of temporary signage. (04-SV-98) August 4, 1998 City Commission Meeting Agenda Item .~-/~ This item was heard and acted upon at the public hearing meeting of May 19, 1998. (See attached Resolution No. 98-45). Subsequent to that meeting, the City Commission made a motion that this item may be revised and brought back before the Commission for reconsideration. RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1) Repeal and supercede the previously approved Resolution No. 98-45; and 2) Approve the requested sign variances. THE REQUEST The applicant, Hidden Bay Associates, is requesting a Sign Variance for the following: 1) Miscellaneous temporary flags/banners; 2) One (1) temporary off-premise sign; 3) One (1) temporary developer identification (construction) sign; and 4) Miscellaneous temporary development identification and/or directional signs. BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION Hidden Bay Associates 3370 NE 190 Street Approximately 24 acres Tracts L, M, Q, and R of Marina Del Rey Revised, according to the plat thereof, as recorded in Plat Book 144 at Page 89 of the Public Records of Dade County, Florida. (More specifically described in attached Exhibits "A") Zoning - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: RU-4, High Density Apartment House District RU-4A, Hotel Apartment House District IU-1, Industrial, Light Manufacturing District (Dumfoundling Bay) RU-4, High Density Apartment House District and RU-4M, Modified Apartment House District Existing Land Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: construction trailers and sales office for multi- family residential development multi-family residential industrial uses and vacant land (Dumfoundling Bay) multi-family residential and proposed park Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade Coun~ the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Medium-High Density Residential Medium-High Density Residential Industrial (Dumfoundling Bay) Industrial The Site - The subject site is located at the east end of NE 190 Street adjacent to Dumfoundling Bay. (See Exhibit #2 for Location Map). 2 Project- Hidden Bay is a proposed 789 unit multi-family residential condominium development. Construction began on the most easterly building in October 1997. Anticipated completion of Phase I of the development is November 1999. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Dade County Comprehensive Development Master Plan. Citizen Comments - The Community Development Department has not received any written citizen comments. Community Development Department Analysis - The applicant is requesting sign variances to permit the erection of sufficient temporary signage during the construction phase of the development and of the City's nearby park to enable those travelling to the site to locate the property efficiently and safely. Hidden Bay is permitted the following under residential district guidelines according to the City's Sign Ordinance (No. 97-17): Type of Temporary Sign Size Quantity Grand Opening Banner- allowed for 14 30 sq. ft.; 1 per project; consecutive days after issuance of initial 4' height frequency - 1 per occupational license year Real Estate Signs - shall be removed 40 sq. in.; I per lot; corner within 10 days after closing 4' height lots may have 2 Construction Sign - permitted for a 12 32 sq. ft; 1 per lot month period from date of building 4' height permit issuance (10/28~97) or until construction completed Model Sign - permitted until certificate 4 sq. ft.; 1 per model unit of occupancy is issued for last (house)4' height lot and 1 per in development office lot Model Arrow Signs- permitted until 2 sq. ft. 3 per certificate of occupancy is issued for last development (house) in development Real Estate Open House Sign - 6 sq. ft.; 1 per property; permitted Saturdays and Sundays 10:00 6' height 2 per property am to 4:00 pm. Must be removed same when more than 1 day. unit is for sale Flags/Banners - not permitted (as attention getting devices) Flags (Permanent) Flags - flagpole not to exceed a height Flag size not to1 per lot of 35' exceed 40 sq. ff. Residential District Signs SIZE QUANH1Y (Permanent) Monument Sign 32 sq. ft.; 1 Monument Sign 8' height Directional Sign 4 sq. ft.; To be approved 3' height as part of site plan or separate permits required The site plan submitted shows approximate locations of existing signs and nautical flags. The majority of these signs and flags are existing and the applicant is requesting that they be allowed to remain in their present locations. The applicant is requesting the following: 1) Ei¢lht (8) nautical flags. The applicant is requesting that approval be granted allowing eight (8) nautical flags to remain in the marina area. The nautical flags surrounding the marina are approximately 3'x3' (9 sq. ft.) in size and approximately 12' in height. Previously the applicant had requested approval to maintain 38 nautical flags. 2) One (1) tem;)orarv off-premise sign (See Sign #1). This sign is proposed to read "Welcome to Hidden Bay" and will be a maximum size of 36 square feet. It is proposed that this sign will be located in the median of NE 190 Street just west of the entrance to the development. 3) One (1) developer identification (construction) skin (See Sian #4). Hidden Bay has relocated this existing sign from the proposed City park property to the new location as shown on the Site Plan. The proposed sign will not exceed 4' in height and 32 square feet in size. The applicant had previously requested that this sign remain at 64 square feet in size and 8' in height. 4) Twelve (t2) temporary development identification and/or directional si¢;ns (See Signs #2~ #3 and #5 through #14). The applicant has worked with staff, reviewed the prior recommendations and comments from the May 19,1998 public hearing and provided a plan that is supportable by staff. All signage will not exceed 8' in height or 36 square 4 feet in size. The majority of directional signage will not exceed 12 square feet in size. Criteria The criteria for approval of sign variances as required by the City Sign Ordinance (No. 97-17) require: The sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested sign variance for off-premise development identification and/or directional signs located on (proposed) public property does not maintain the basic intent and purpose of the regulations. However, it is recommended that Sign #2 (an off-premise sign) be allowed to remain because Hidden Bay is situated in a remote location and this sign may help customers unfamiliar with the area to know that they are traveling in the correct direction and help to alleviate possible driver confusion. The purpose of the requested flags at the marina does not maintain the basic intent and purpose of the Sign code regulations since they are used as an attention-getting device. However, they are not detrimental to the community because they are not visible to the general public. The purpose of the majority of the requested development identification and/or directional signs throughout the development is to direct traffic safely and efficiently to the sales center. Although this signage does not maintain the basic intent and purpose of the regulations, it is not detrimental to the community because it is not visible to the general public, and serves as directional assistance to prospective buyers of this remotely located development. In addition, the development identification and/or directional signs direct construction traffic to construction areas and direct prospective buyers away from construction areas. Although this signage does not maintain the basic intent and purpose of the regulations, it is not detrimental to the community because it is not visible to the general public, and serves as safe and clear directional assistance to construction personnel and helps prospective buyers to quickly and safely make their way to the sales center. RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1) Repeal and supercede the previously approved Resolution No. 98-45; and 2) Approve the requested sign variances. PROJECT SPECIFIC CONDITIONS 1. All signage and nautical flags, if approved, shall be removed no later than December 31, 1999. 2. All signs shall be installed in approximately the same locations as shown on the Site Plan submitted with this application. 3. All signage shall be located a minimum distance of six (6) feet from the edge of pavement. if signage is approved, permits shall be required for all signs that must be relocated to a minimum of six (6) feet from edge of pavement, signs relocated since the date of receipt of this variance application (2/27/98) or signs not yet installed as of the date of receipt of this variance application (2/27/98). 5. Applicant shall obtain building permits (for signage) within 12 months of the date of this Resolution or the approval granted shall be deemed null and void and the applicant shall be required to reinstate the public hearing approval process unless the term is extended by a motion of the City Commission prior to its expiration. 6. That any existing flags/banner, excepting those eight (8) nautical flags at the marina, be removed immediately. 7. That no additional flags/banners shall be installed or erected at any time. 8. That all additional temporary development identification and/or directional signs, located on the property and not approved with this application, be removed immediately. 9. That no signage, whether temporary or permanent, excepting those that may be approved with this application, be located on public property (or proposed public property) and any signage presently located on public property (or proposed public property) be removed immediately. 10.The outstanding Code Enforcement Fine for $100.00 shall be paid prior to issuance of any building permits for signage. 6 Clifford .L Schulm.'ta (305) 579-0613 Dhe,n Fax: (305) 961-5613 FAX July 29, 1998 Ms. Brenda Kelley Acting Planning Director City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 Re: Hidden Bay~igns Dear Ms Kelley: This letter will confirm our conversation of three weeks ago, prior to my surgery, regarding the above-referenced matter. As you know, the Commission passed a motion to reconsider this matter at the August 4d~ meeting of the Commission. I did want, however, to set forth our understanding of what we will accomplish in the next sixty (60) days to bring about compliance on the signs we have no further concern about Enclosed is a Photostat ora map of the signs at issue and FI1 refer to the numbers on that map. 1. Sign # 2 will be installed with the language suggested by' the Commission at 36 square feet and as otherwise shown on the map enclosed 2. Sign//3 we will keep as is until a decision of the Comnnssion on the 4t~. Sign #4 will remain as is, as approved by the Commission. 4. Sign #5 will be replaced with a sign 32 square tEet in size 5. Signs #6 7, 8, 9, 10 and 1 [ will remain as is, pending the 4th. 6. Signs # 12 &/~13 have been removed fi-om the fence We would seek to have a 12 square foot sign installed between those signs, similar to signs 6-1 I EXHIBIT #1 7, Sign #14 we seek to have replaced with a 12 square foot sign similar to signs 6-11, 8. Sign #I 5 will be left, as is, pending the meeting of the 4 9. Sign #16 will be installed the same as sign #2. l 0. Nautical pennants in marina will be reduced to no more than eight (8) As noted, signs that are to be changed will be taken care of in the next 60 days If you have any questions regarding this matter, please feel free to call, Yours very truly, Clifford A Schulman CAS/cas cc: Ms Georgia Linderman Mr. Mitchell Sclmeiderman Mr Eric Soroka BROWARDCOUN"I~ ' ~ ~ LEGEND EXHIBIT #2 RESOLUTION NO. 98-45 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DENYING THE REQUEST FOR SIGNS TO BE LOCATED ON PROPOSED CITY PROPERTY OR PROPOSED PUBLIC RIGHT-OF-WAY (SIGN #1 AND SIGN If4]); DENYING THE REQUEST FOR 'rvvo SIGNS (SIGN #12 AND SIGN #13) AFFIXED TO FENCE; APPROVING THE REQUEST TO ALLOW SIGN #2 AS AN OFF-PREMISE SIGN; APPROVING THE REQUEST TO ALLOW EIGHT (8) NAUTICAL FLAGS AT THE MARINA; DENYING THE REQUEST FOR ONE (1) DEVELOPER IDENTIFICATION SIGN (CONSTRUCTION SIGN) WHICH EXCEEDS THE MAXIMUM SIZE ALLOWED; APPROVING THE REQUEST FOR THE EXISTING TEN (10) TEMPORARY DEVELOPMENT IDENTIFICATION AND/OR DIRECTIONAL SIGNS AS SHOWN ON THE SITE PLAN; APPROVE THE REQUEST FOR ONE (1) ADDITIONAL DIRECTIONAL SIGN BETWEEN SIGN #12 AND SIGN #13; ALL WITH CONDITIONS FOR PROPERTY LOCATED AT NE 190 STREET AND DUMFOUNDLING BAY, ALSO KNOWN AS HIDDEN BAY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is now governed by the City Commission of the City of Aventura; and WHEREAS, the property described herein is zoned RU-4, High Density Apartment House District; and WHEREAS, the applicant, through Application No. 04-SV-98, has requested a sign variance to permit the erection of the following temporary signs: 1 ) Miscellaneous flags/banners; 2) One developer identification (construction) sign which exceeds the maximum altowed height and size; and 3) Miscellaneous temporary development identification and/or directional signs; all on that certain property located at NE 190 Resolution No. 98-45 Page 2 Street and Dumfoundling Bay, a.k.a. Hidden Bay, in Aventura, Florida and legally described on Exhibits "A" attached hereto; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by la~ and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, only to the extent-the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 04-SV-98 for Sign Variance on property legally described as: See attached Exhibits "A" a/k/a Hidden Bay, NE 190 Street and Dumfoundling Bay is hereby acted upon, with conditions, as follows: 1) Deny the request for signs to be located on proposed City property or proposed public right-of-way (Sign #1 and Sign #3), on the basis that it does not meet the criteria for the granting of variances found in the City's Sign Ordinance; 2) Deny the request for two (2) signs (Sign #12 and Sign #13) affixed to fence on the basis that it does not meet the criteria for the granting of variances found in the City's Sign Ordinance; 3) As exception to Item I above, approve the request to allow Sign #2 as an off- premise sign to read "Welcome to Hidden Bay" only; Resolution No. 98-45 Page 3 4) Approve the request to allow eight (8) nautical flags at the marina; 5) Deny the request for one (1) developer identification sign (construction sign) which exceeds the maximum size allowed; 6) Approve the request for the existing ten (10) temporary development identification and/or directional signs as requested with this application, to remain as shown on the proposed Site Plan as follows: a) Sign #16 shall be allowed to remain 36 square feet (as Sign #2) and shall read the same as Sign #2; b) Sign ~4 shall be allowed to remain 32 square feet; c) Sign #9 shall be allowed to remain 16 square feet; d) The remaining signs (Sign #6, 7, 8, 10, 11, 14, and 15) must comply with sizes as specified in the Code for directional signs; 7) Approve the request for one (1) additional directional sign to be located on the ground between Sign #12 and Sign #13 and must comply with sizes as specified in the Code for directional signs. CONDITIONS 1. All signs shall be installed in the same locations as shown on the Site Plan submitted with this application. 2. All signage shall be located a minimum distance of six (6) feet from the edge of pavement. 3. If signage is approved, permits shall be required for all signs that must be relocated to a minimum of six (6) feet from edge of pavement, signs relocated I~esolution No. 98-45 Page 4 since the date of receipt of this variance application (2/27/98), or signs not yet installed as of the date of receipt of this variance application (2/27/98). 4. Applicant shall obtain building permits (for signage) within 12 months of the date of this Resolution or the approval granted shall be deemed null and void and thc applicant shall be required to reinstate the public hearing approval process unless the term is extended by a motion of the City Commission prior to its expiration. 5. That any existing flags/banner, excepting those eight (8) nautical flags at the marina, be removed immediately. 6. That no additional flags/banners shall be installed or erected at any time. 7. That all additional temporary development identification and/or directional signs, located on the property and not approved with this application, be removed immediately. 8. That no ~signage, whether temporary or permanent, excepting those that may be approved with this application, be located on public property (or proposed public property) and any signage presently located on public property (or proposed public property) be removed immediately. 9. All signage and nautical flags, if approved, shall be removed no later than December 31, 1999. lO. The outstanding Code Enforcement Fine for $100.00 shall be paid prior to issuance of any building permits for signage. Resolution No. 98-45 Page 5 Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R, Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder yes yes yes yes yes yes yes PASSED AND ADOPTED this 19th day of May, 1998. ATTEST: Terese M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney This Resolution was filed in the Office of the City Clerk this 22"~ day of May, 1998. (~ITY CLERK Fe~ Ail of Tract L and that port/on of Tract R of thc Plat of MARINA DEL RBY RBVISBD, according ~o the plat ~heroof as recorded/n Plat Book 1,14 at Page 8g of tho Pabl/¢ Records of Dade County, Florida, all being more particularly described as follow~: Bc~u at the nmlhcas~ comer of ~!~ ~ ~ ~c fo~ ~ (3) w~ ~ ao~ ~c ~fi~ ~ of s~ ~ ~ (1) ~e~ N ~1~' B for ~.~ f~t; (2) ~c~ N4~41~ W ~r 1~.~ ~ (3) ~ 5 8~"W for 5~.78 /~t; S ~'14" B d~ ~c ~r~ ~n of ~ ~c w~tcfly ~ of s~d ~r~ L for 14Z~ f~ ~ S ~S3" B ~o~ ~ w~tcrly ~c of ~d ~ L for 27~ ~t; ~c~ S g~ffSC W [or 176.19 ~ ~e~ S ~ff~' B for 4~1 f~t ~ ~d ~a~ R; ~cn~ N ~ff~ B ~ong ~c so~ ~c of smd T~a R ~d T~ L for ~61.~ feeE ~en~ N ~1~' E ~ong ~c e~ ~ of ~d~a~ L for and Basements for/ngress _~_nd egreas over, ~.dcr and u~n ~e~-Egr~ ~ment No. 1 h h~r of ~ ~ ~-~ ~t No. 2 ~ h~r of ~ L ~d ~-~ ~t No. ~ ~d ~-~ ~t N0. 3 ~ ~vor of~ L~d R ~ ~n~- ~ ~ntN~ i ~ ~ ~ ~t~ on ~e P~'Of~D~Y ~, a~i~ ~ ~h~ P~ ~ ~ r~d~ ~ P~t ~k 1~ at ~go 89 of ~e ~Hc R~r& ~D~ ~, ~o~. (togcther, ~he "/~ement Parcel') ar~'~%.= oui of _d,~t cer~;n Rcc/pmcal Easement Agreement (the 'F.a~cmc~t Agrccmen~ d~ted ~ of October 29, :l~J'] by and bern, ten _Hidden Bay A.~:~/a~ and Hidden Bay Assodate~ II, and recorded un. dcr Clerk's F. ile. N.o. ~ in the Public Records of Dade County, l~_orlda, being more partlc~lmr~y de~cra~! as follows: ~AL DESCRIPTION: "RECRF_.ATION AREA" F. AS~NT A portion of Tract R and 'l[¥act M of the plat of "MARINA DEL, RF.,Y REVISI:~", accordi-~ to the plat thcrcof as recorded in Plat Book 144 at Page 89 o£ me Publ/o Records of Dadc CO~n~3, Florida, ail beirl§ re. ore pa.rticularly de, sm*bed as Page I of 2 Commence at th~ Northwest corner of Tract L of said plat of 'MARINA DEL P,.BY REVISBD'; thence S 02°24'14, E along the Westerly 1/ne of sa/d Tract L for 69.13/eet to the POINT OF BEGINNING of the hereinafter dcscfl~ed parcel of land; ~ence continu~ S 02°24'14" E along tho previously desc~'bed line for 58.59 fe~t; thence S 2~29'53" t~ along said Westerly linc of Tract L for 27~ feet; thence S 6T'30'5§" W for 353.9~ feet; thdnce N 22°29'$3" W for 3622 feet; thence S 8"P30'00' W for 33.18 feet; thence N 26~29'33" W for 23.31 feet to a point of curv,,,re; thence Northeasterly along a 75.00 foot radius lead/ng to the//ght through a central an~le of 56~42'54' for an arc of 7424 feet to a point of revexse curvature; thence Northerly along a 50.00 foot tad/us omre leadi~ to the left through a cenlxa/~%ole of 32~-2'1(P for an arc of 28.68 feet to a point of ta-Eency; thence N 02°3g'49' W for 25.00 feet to a point of curvature; thenee'Ho~thexly and Fe~'tedy along a 2433 foot radius leadlnE to the right through a centxal angle of 9T~4W25~ for an arc of 41-53 foe~ to a Point of tmlgency; thence $ 84~51'24" E for 52.51 feet to a Po/hr of curvature; thence Easterly along a 381.33 foot radius curve leading to the left through a central angle of 2'P19'29' for an arc of 181.86 feet to a Point of reversc cuxvature; thence East~rly along a 127.67 foot tad/us curve leading to the right tbro,,gh a central angle of 49~29'0/Y' for au arc of 110.26 feet to the POIlqT OF BEGINNING. AND ~-GAL DESCI{IFFION: 'ENTRANC~ ROAD' EASEMENT A portion of Tract R and Tract M of the plat of 'MARINA DEL REY REVISED'~ accord!-g to thc plat thereof as recorded in Plat Book 144 at Page 89 of thc Public Records of Dade Co-n~y, Florida, all being more particularly descn'bed as follows: Begin at the ,-,,st Westerly Southwest comer of said Tract R; the follow!og three (3) courses be!~g along the exterior boundary l/ne of said 'IYact R, (1) thenc~ N ff2°24'12" W for 72.00 feet; (2) then~ N 8T~5'41~ E for 150.00 feet (3) the. ncc N (~°24'14' W for 238.94 feet; thence N 87°35'4~ B alo~Ig a line parallel and 15.00 feet South of thc North ti,, of .~id Tract R far 678.16 f~et to the Northwe~ comer of Tract L of said plat of ~JARINA DEL RL~ REV~ thence S 02~24'14' ~ along the Westerly line of said T/~act L for 85.58 feet to a 1~nt un ~, c/~aflar culve concave to the ~outh ~tl whose radius point bears S 3I'24'~T' W; thgacc Northwesterly _".'!_d Soutlnvcstcdy along ~. 113~? foot ~adh,,: le~_ 4L-g to the left ',aro,,~h a central ,,-~- of S"~"~ for an arc of 10/533 feet to a point of re~exse o. uvatu~; thcnce Southwesterly dud Northwesterly ~ a 39533 foot cvxve lead/ng to the r/ght thrc.~g~ a central ~n~e of 23°39~25" for an are of 16323 feet to a point of t~_n~ncy; thcuce bT 88'31'28' W for 130.01 feet; thence S 8'/°35'46' W for 57.55 foct to a l~!m a/cutvatarc; thence Southwesterly & Southerly along ~t 90,00 foot radins crave Icading to the lc/t, thro-~ *a central n~le of 9'P19'50' for an arc of 152.89 feet to ~ point of reverse curvature; thence Southwesterly along a 131.52 foot radius cur~c to the ~ght thr~_~h a central nn~e of 56058'08.. f~r an arc, of 130.77 feet; thence S 0230'00" I~ for 18.30 feet;, thence S 87~30'00" W for 94,14 feet to a point on the West ~i9e of said Tract M; thence N 02~4'14" W along said West line for 12~7 feet; thence g 87035'48" W aJnng the South llnc of said Tract R for 150.00 feet to the POINT OF BEG~rING. Page 2 of 2 ]~EOAL DE~ _CIUPTION All of Tract M and that portion of Tract R of the l~lat of MARINA D~_.I. RBY REVISED, according to the pht thereof as recorded in Plat Book 144 at Page 89 of the Public Records of Dade County, Florida, all being more particularly descnTaecl as follows: {3eminence at the Northeast.comer of said Tract R, said Northeast corner also being the ~aSt I/4 coraer of Sect/on 3, Tow~ ship 52 South, Range 42 ~,~st; thence S 8'/~5'46~ W along the North line. of ~id Tract R for $6:~.78 feet to tho POINT OF BEt3~3 of the hereinafter dcscn'bed parcel of !and; thence S {YL~4'14" E along the northarly extension of and the westerly line of Tract L of said ~ of 'Marina D~I Rey ~' for 142.72 feet; thence S 22'~'53' E alov4; the westerly line of said Tract L for Z?.2~ /cet; thonce $ 67~0'$6' W far 176.19 feet; thence $ 2:2~0'/R~' E for 47221 fe~t to the south lln¢ of said Tract P,; thence S R?~0'00' W along the south line of said Tract R and Tract M for 217.00 f~t; the fn!!o~ing th~ce O) courses being along the Southerly and Westerly ~,,~ of said Tract M; 1) thence S 49'46'2'F W for 102.14 feet, 2) thence S 8~30'00' W flor 386.64 Mt; 3) themce lq 02~A'14' W for 409.97 feet; tho followin~ fiv~ (~ courses being along the exterior bo,~,~d~,y ~ of raid Tract R; 1) thence S 8T35'4~' W for 150.00 fe~t; 2) thence N02~9.A'IT XV for 72.00 f~et; 3) thence N 8'F3S'4g~ E for 150.00 fe~t; 4) thence N 0Z=24'14' W for 253..04 feet; ~ thence N 870~5'46' E for 678.16 to the POINT OF and Basements for ~n~esz and c~ess over, under and upon [ngress-,~rc~s Easement No. 2 in the Plat of MARINA DEL EBY P, BVISED, a~:cormng to t~ plat mr, mot ~- Plat Book 144 at Page 8~ of tho Public Records of Dade Couaty, Florida. I &14 CONSI 'RAFFIC TION 11 & 12 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REPEALING AND SUPERCEDING THE PREVIOUSLY APPROVED RESOLUTION NO. 98-45; GRANTING A SIGN VARIANCE FOR: l) MISCELLANEOUS TEMPORARY FLAGS/BANNERS; 2) ONE TEMPORARY, OFF-PREMISE SIGN; 3) ONE TEMPORARY, DEVELOPER IDENTIFICATION (CONSTRUCTION) SIGN; AND 4) MISCELLANEOUS TEMPORARY IDENTIFICATION AND/OR DIRECTIONAL SIGNS AS SHOWN ON THE SITE PLAN FOR PROPERTY LOCATED AT NE 190 STREET AND DUMFOUNDLING BAY, ALSO KNOWN AS HIDDEN BAY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RU-4, High Density Apartment House District; and WHEREAS, the Applicant, Hidden Bay Associates, has previously received approval through Resolution No. 98-45 for miscellaneous sign variance approvals; and WHEREAS, the Applicant, through revised Application No. 04-SV-98, has requested a revision to previous approvals to permit the erection of the following: 1) Miscellaneous temporary flags/banners; 2) One temporary off-premise sign; 3) one temporary developer identification (construction) sign; 4) Miscellaneous temporary development identification and/or directional signs, all on that certain property located at NE 190 Street and Dumfoundling Bay, a.k.a. Hidden Bay, in Aventura, Florida and legally described on Exhibits "A" attached hereto; and Resolution No. Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, only to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 04-SV-98 for Sign Variance on property legally described as: See attached Exhibits "A" aka Hidden Bay NE 190 Street and Dumfoundling Bay is hereby acted upon as follows with conditions as outlined herein: 1) Repeal and supercede the previously approved Resolution No. 98-45; and 2) Approve the requested sign variances. PROJECT SPECIFIC CONDITIONS 1. All signage and nautical flags, if approved, shall be removed no later than December 31, 1999. 2. All signs shall be installed in approximately the same locations as shown on the Site Plan submitted with this application. Resolution No. Page 3 3. All signage shall be located a minimum distance of six (6) feet from the edge of pavement. 4. If signage is approved, permits shall be required for all signs that must be relocated to a minimum of six (6) feet from edge of pavement, signs relocated since the date of receipt of this variance application (2/27/98) or signs not yet installed as of the date of receipt of this variance application (2/27/98). 5. Applicant shall obtain building permits (for signage) within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void and the applicant shall be required to reinstate the public hearing approval process unless the term is extended by a motion of the City Commission prior to its expiration. 6. That any existing flags/banners, excepting those eight (8) nautical flags at the marina, be removed immediately. 7. That no additional flags/banners shall be installed or erected at any time. 8. That all additional temporary development identification and/or directional signs, located on the property and not approved with this application, be removed immediately. 9. That no signage, whether temporary or permanent, excepting those that may be approved with this application, be located on public property (or proposed public property) and any signage presently located on public property (or proposed public property) be removed immediately. Resolution No. Page 4 10.The outstanding Code Enforcement Fine for $100.00 shall be paid prior to issuance of any building permits for signage. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner 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 Jeffrey M. Pertow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. , who ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk Resolution No. Page 5 APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of , 1998. CITY CLERK L~AL P~-SC~n~FION Phage I Propert~v All of Tract L a,,d that portion of Tract R of the Plat of MARINA DEL HEY REVISED, aCCOrding to the plat thereof as recorded in Plat Book 144 at Page 8!1 ~f the Public Records of Dade County, Florida, all bchlg more particularly described as follow~; Begin at the noah~ comer of ~ ~ ~ ~o fo~ ~ (~) ~ ~ ~o~ ~ ~d~ ~ of s~ ~ ~ 0) ~e~ N ~1~' ~ ~r ~.~ f~i; (2) ~ N 4~41~ W ~r 1~.~ ~g (3) ~ ~8~Y~"W for 5~.78 f~g ~en~ S ~'14' E d~n5 ~c ~ ~n of ~ ~c w~tedy ~c oi smd Tr~ L for 14Z~ f~ ~ S ~53' ~ ~o~ ~e w~tcrly ~c o~ ~d ~ L for 27~ f~t; ~ S 6~5~' W for I~6.19 ~ ~en~ S ~' E for 4~1 f~t to ~6 sou~ ~ ~ ~d ~aa ~ ~en~ N ~ff~ ~ ~ong ~e so~ ~e o~ s~d Trna R ~d T~ L for ~61.~ ieee ~en~ N ~1~' E ~ong ~e e~ ~ of ~d ~act L for S76.~ f~t to ~e ~ OF BEO~O. and Hase_m_¢nts for/n~re.s.s ~,nd egress over, -__-_der and upon In~ress-Bgress ,V. asement No. 1 in favor of ~ L, l,~ess-Eg, rass Hasem~nt No. 2 in favor of ~ L and lu~ess-Bgrcss ~ No. 1, and Ingrcss-N__~ess Basemeut No. 3 in favor of Tract~ Land R and Ingress- Egre~s ~nt Nos. 1 and 2, all as set leah on the Plat' of ~ DEL HEY P, Ii~, acco~di-~ to thc pla~ thereof as recorded in Plat Book 144 at Page 89 of thc Public Records of Dado Co,m~y, Florida. ~nd Easement ~_'gb~s over, under and upon the ~.ec~ealion Area' and the ~_ m,a~,,ee Road' (together, time 'Hascmem Parcel') add-: out of !b;e cer~i- Reciprocal Easement Al~reement (the 'Easement Agre~men~ dated ss of Oclober 29, 1997 by and belween _Hidden Bay Assodates and H/ddan Bay Assodates 1L and recorded under Cle£1ds _F. ile. N.o. ~ in the Public Records of Dade Co,,n~, Florida, b~ing more pariiauany des~ as follows: L~OAL DNSC/UFiTON: ~TION ARHA' A portion of Tract R _~.rl TI,act M of tl~ plat of 'MARINA DEL RItY RBVISt~D", acoordlnE to the plat thereof as recorded in Plat Book 144 at Page 89 of the Publlo R~oordo of Dad~ County, Florida, all b~hlg more particularly de. son'bed as follows: Page 1 of 2 Commence at thc Northwest corner of Traot L of said plat of 'MARINA DEL RBY RtgVI~BD~ thcncc ~ 0~24'14' IE along the Westerly linc of said Tract L for 69.13 fcct to the POINT OF P,F_,GINNING o£ the hereinafter desc/Tae, d paxcol of land; thenc~ continue S 02°24'14" E along thc pr~vlously de.sen'bed lhle for 58.59 f¢~t; thcnco S R~'29'53' ~ along said Westerly iino of Tract L for :27.25 feet; thonc~ S 67~30'5§' W for 353.99 feet; thince N 22°29'53' W for 36.22 foot; theneo S 87°30'00' W for 33.18 foot; thoae~ N 26°2933' W for 2331 feet to a point of ctuwmr&; thence Northeasterly along a 75.00 foot radius leading to the fight t~rough a c~ntral angle of 56~42'54' for ~u oxo of 74~4 foot to a point of revcr~e curvature; theneo Northerly along a 50.00 foot radius curve lemming to the left through a c.~mxal _~n~e of 32~52'10' for an arc of :28.68 foot to a point of tang¢~ the. uce N 0'P38'49' W for 25.00 foot to a point of curvature; thence'Northexly and Easterly along a 2433 foot radius le.a,41ng to tho n_'gh~; throngh a conlral ~n~¢ of 97~4T25' for an arc of 41.53 fec~ to a point of van~g~.ac3q thenc~ 15 84~51'24' Ig for 52.51 f~t to a point of curvature; thence Easterly along a 38L~ foot radiu~ curve lo~r~;ng to thc l~ft tl~o~gh a central ~ngle of 2'P19"29' for an aro of 181.86 fe.e.t to a point of roxrer~c curvature; thcnco Easterly along a 127.67 foot radius curve l~ading to the right thro-gh a cemral angle of 4~29~00' for an are of 110.26 f~t to tl~ POINT OF BEGINNING. AND LEGAL DESCRIFIION: 'ENTRANCE ROAD' EASEMENT A portion of Tract R and T~:acl M of thc plat of 'MARI2qA DEL REY REVISF_.D'~ according to the plat thereof as recorded in Eat Book 144 ~t Pago 89 of tho Public Records of Dado Coumy, Florida, all being more partio;L~dy descn'be.d as follows: Begin at tho most Westerly $otlthwest comer of said Tract R; the following three 0) cours~ being along the exterior botmdarj, line of said Tract R, (1) thcneo N 02~24'12' W for 72.00 f~ot; (2) theac¢ N gT~35'41~' E for 150.00 feet (3) the, nco N 02024'14' W for 238,94 feet; thc~cc N 87'3P4~ B along a line parallel and 15.00 feet South of the North lln, of said Tract R for 6/8.16 fe~t to the Northwe~ corner of Tract L of ~dd plat of ~MARINA DEL ~ REW. _~rr; thex~ S 02°24'14' B along th~ Westerly liae of r~d Tract L for 85.58 feet to al~ ~n a circular cuxve coac~v~ t~ the South and whoso ra41-~ point bears 15 ~1'24'5T' W; thex~ Nozxhwott~rly and Southwe~e~iy alou~ a 115.6/toot taa~,, leading to th~ leXt thro-~ ace. nlz~ *~ of 55~5'50 for an axe of 106~ f~t to a point of reverse curvat~; theaee Sozzth~s'te~ ~-4 N~ ,~m~g a 39533 foot cur~e leading to tho right th~(-,g~ ~ ceaztral ~-- of 25~9'Z5~ for ~a are of 16~,25 fext to a poim of*~_-~uc~, thex~ N g8~51'28' W for 130.01 fe~t; tlmuee S 87o35'46, W for 57.55 foot t~ a l~!~t of ~u'vatar¢; thea~ southwe~erly & .Southerly along t~ 90.00 foot radius cuzve l~lng to the le~ thro-~ 'a central *~ ~f 9'P19'Sff' for an arc of 152,89 foot to a poim of r~ver~ ommturoI thence So~rly along a L51.5~ foot radius ~xrv¢ loading to the right through a central ~n~e of $6°55'0~ for aa ate of 130.77 feet; thence $ 02~0'00~ B for 18.3(I fe~t; thenco $ 87°3W00~ V/for 94.14 foot to ~ point on the V/e~t lino of said Tract M; thoaco N 02°24'14' W along said West lino for 12.67 foot; thcn~ S 87~5'48~ W ala-g the South lla¢ of said Tract R for 150.00 foot to tho POINT OF BF. GINN1NG. Page 2 of 2 F. XHIBIT "A" L~OAL DP~SCRU~ON phase~l Properff_ Ali of Tract M _~.d that potion of Tract R oi thc Plat o[ MARINA DRL ~Y ~, ~rdin~ to ~c phi ~r~ ~ r~r~ ~ Plat ~k 1~ at ~c gO of ~e ~Hc R~r~ of D~c ~, ~ ~ ~ more p~ly d~ ~ foUo~: ~c~ ~ ~e No~t-~mcr of s~d ~ ~ ~d ~o~t ~r ~o ~ 1/4 ~r of S~on 3, T~hip 52 Sou~ ~e 42 ~; ~cc S ~ W ~o~ ~ No~ ~ of ~d T~ R for 563.78 f~ to ~ ~ OF B~G of ~d ~e w~rly ~ of'Tn~ L of ~ ~ of ~ ~1 Rey ~" for 14Z72 fe~t; ~ S ~'S3" E ~o~ ~e w~erly ~e of s~d ~ L for ~ ~t; ~n~ S 6~ff~6" W f~ 176.19 ~ ~o~ S ~ff~" E for ~.~1 f~t ~o ~ sou~ ~e of s~d ~ ~ ~e~ S ~ W ~o~ ~e mu~ ~e of ~d ~ R ~d ~ M for 217.~ ~t; ~e ~ol]~n~ ~ (3) ~ ~g ~ ~ ~u~ly ~ W~rly !!~ of s~d 3) ~ce N ~'14" W for ~ fe~ ~o f~o~ ~ (~ ~s~ ~ ~,~ ~ ~ ~d ~ct ~ 1) ~ S ~'4~ W for ~0.~ f~ 2) N ~'1~ W for 7~ fee~; 3) ~e~ N ~5'48"~ fo~ ~0.~ N ~4'~4" W for ~3~4 fee~ ~ ~e~ N ~" ~ for 678.16 and for in.ess and egress over, under and upon ]~,~-¢ss-]F..~ Basement No. 2 ~ ~ M ~ T.~~ ~m No. ~ ~ ~-B~ ~cm~ No. 3 1~ at P~e 8~ of ~o ~bHc ~ of D~, ~, ~lona~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission _~/1 Eric M. Soroka, C,~rv~aTg~, ~ Brenda Kelley, Interim (~mm~,nity Development Direct July 24, 1998 Request of Coscan Waterways, Inc. for a Sign Variance to permit a building identification sign at each of the five (5) high rise buildings within the development known as "The Point at the Waterways" (04-SV-97) August 4, 1998 City Commission Meeting Agenda Item ,:~ -~ This item was deferred from the December 16, 1997 meeting to February 3, 1998, at which time a further deferral was requested. THE REQUEST The applicant, Coscan Waterways, Inc. is requesting a Sign Variance to permit a building identification sign at each of the five (5) high rise buildings within the development known as "The Point at the Waterways". (See attached letters of intent). RECOMMENDATION It is recommended that the City Commission approve the request for the Sign Variance with conditions as outlined herein. BACKGROUND APPLICANT OWNER OF PROPERTY Coscan Waterways, Inc. Coscan Waterways, Inc. ADDRESS OF PROPERTY LEGAL DESCRIPTION east of Yacht Club Drive between theoretical NE 210 Street and theoretical NE 214 Street (See Exhibit #2 for Location Map and Exhibit #3 for an aerial photograph). A portion of Tract "Q", "The Waterways - Section 5", according to the Plat thereof as recorded in Plat Book 126, Page 59 of the Public Records of Dade County, Florida, and a portion of Tract "RR", "The Waterways - Section 5 First Addition", according to the Plat thereof as recorded in Plat Book 139, Page 10 of the Public Records of Dade County, Florida. Zoning - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: RU-4, High Density Apartment House District canal and City of Hallandale RU-3M, Minimum Apartment House District Intracoastal Waterway RU-4, High Density Apartment House District Existing Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Multi-family Residential canal and City of Hallandale Multi-family Residential Intracoastal Waterway Multi-family Residential Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade Countv, Florida~ the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Medium Density Residential canal and City of Hallandale Medium Density Residential Intracoastal Waterway Medium Density Residential The Site - The subject site is known as "The Point at the Waterways". It is located between Yacht Club Drive and the Intracoastal Waterway and between theoretical NE 210 Street and theoretical NE 214 Street. (See Exhibit #2 for a location map and Exhibit #3 for an aerial photograph). 2 The Project - "The Point at the Waterways" is essentially a high rise development although there are single family/townhouse type structures around the perimeter of the property. Of the total of five (5) high rise structures proposed for the development, two (2) are currently constructed (North Tower and Atlantic II). The applicant wishes to install a monument sign, with name and address number, to identify each high rise building at its entrance. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Dade County Comprehensive Development Master Plan. Review by Other A.qencies: Landscape Architect - The City's Landscape Architect has approved the typical landscape plan. Citizen Comments - The Community Development Department has not received any written citizen comments. Community Development Department Analysis - The Sign Code allows for: · One (1) Development Identification Sign on each public street frontage of the development. "The Point at the Waterways" is located on a pdvate roadway and has one (1) existing Development Identification Sign at the main entrance. The applicant wishes to install a monument sign, with the name and address number identifying the building, at each building's entrance. · Maximum sign height of eight feet (8') and maximum sign copy area of 32 square feet. The applicant proposes to construct five (5) 5'-6" high, 25 square foot monument signs. 3 A permit was issued in April 1997 for the installation of the existing building identification monument sign at the Atlantic II building. (See photo as Exhibit "A"). At the time the permit was issued, the applicant was required to inform the City that they understood that they may be required to remove the sign if it did not conform to the City's new Sign Code, when adopted. Additionally, the sign at the North Tower (See photo as Exhibit "B") was mistakenly installed prior to approval of a sign variance. The applicant is now requesting a variance for these signs to remain as they exist, as well as approval for three (3) future signs. The conditions as required by the City's Sign Ordinance for granting of a sign variance request are: 1. A variance may be granted upon a showing by the applicant that the Sign Variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. Due to the magnitude of the development, the proposed (and existing) monument signs will serve to provide building identification, therefore being helpful and not detrimental to the community. Only two (2) of the signs will be visible to the genera/ public in that they are facing Yacht Club Drive. The other three (3) signs are internal to the development. The signs are simple in design, tastefully landscaped and are compatible with the surrounding land uses. Furthermore, these signs maintain the basic intent of the signage regulations including improving vehicular and pedestrian safety and reducing visual pollution. 2. No showing of unnecessary hardship to the land is required. CONDITIONS It is recommended that the City Commission approve the request for a Sign Variance subject to the following conditions: STANDARD CONDITIONS Plans shall substantially comply with those submitted as follows. · Site Plan, Sheet A1-1, prepared by Robert M. Swedroe, date stamp received 12- 09-97; · Signage, Sheet Al-la, prepared by Robert M. Swedroe, date stamp received 12-09-97; . Planting Plan, prepared by Bradshaw Gill & Associates, revised date 11-5-97. 4 PROJECT SPECIFIC CONDITIONS 1. Landscaping, as shown by the Planting Plan, shall be installed at the existing Atlantic II monument sign prior to issuance of permits for signage associated with this application. /staff reports/04-SV-97 The Point building identification signs 070798 " Coscan Waterways, Inc. September 5, 1997 Aventura Corporate Center Suite 103 20803 Biscayne Boulevard Aventura, Florida 33180 (305) 935-0255 Fax: (305) 932-9870 City Council City of Aventura, FL Ladies and Gentlemen: RECEIVED SEP 2 5 1997 COMMuNiTy DEVELOPMENT The undersigned requests your favorable review and consideration to the following: A non-use variance of sign regulations to permit a building identification sign for each building within a development on lands described in the attached application. The property is identified as "The Point at the Waterways". This property is essentially a high rise development although there are single family/townhouse type structures around the perimeter of the property. The nearest public street to The Point at the Waterways is a substantial distance to the west. Yacht Club Drive, the primary road in front of The Point, is a private drive. Likewise, the roadway which services the property is a private drive. The recent sign ordinance passed by the City provides for development identification signs. The actual main entry does have such a sign identifying the project as "The Point". However, we are also proposing a sign at the entrance to each building. This sign could be construed either as a development identification for this particular building or as a directional sign. Each sign will simply provide the name of the building and the specific address. Accordingly, a directional sign may be the more appropriate interpretation. These signs are each approximately 5-1/2 feet x 4-1/2 feet for a total of approximately 25 square feet. These are actual monument type signs. However, the sign area itself is very limited. The actual name of the building with The Point logo is what's on the surface of the monument. In addition, across the base is the specific address for each building. Each building, in fact, has a different address. As you can see in the attached site plan, there are a total of five such signs. One has already been constructed and permitted. We are, therefore, seeking approval to allow for a total of five signs on this property. Coscan Waterways, Inc. City Council Page Two September 5, 1997 We believe that the request in this instance is justified. Each of these buildings are of substantial size and comprise as many units as some developments would standing independently. The size of the property itself is quite expansive. We believe that proper identification would service both the needs of the residents and also the needs of any visitors to include emergency access vehicles. Again, although the signs are larger than the permitted size, the actual copy on the signs is very minimal. In fact, a portion of it, the written address, is required to be on each building. We believe that this type of signage is compatible with what has been allowed throughout the Aventura area. In addition, these signs are totally internal to the site and would have minimal or no impact on adjacent property owners. The location of each of these is designed to allow for safe vehicular access without any obstruction of view~ for cars entering or exiting the entry of these buildings. In closing, we again request your favorable review and consideration. Since' President /prq COSCAN December 5, 1997 City Council Aventura, Florida RECE/VEO O;C o g I~7 COMMUNiTy OEVELoPM£NT Ladies & Gentlemen: An application has been filed requesting a non-use variance of sign regulations. The application refers to the Point at The Waterways. These specific signs are to be located in front of each highrise building to identify that particular building by name and address. While this property was still under the jurisdiction of Dade County one such sign was erected in accordance with the Dade County building permit. The second building construction was commenced. While that building was under construction the second sign was erected. Inadvertently a sign permit for this particular sign was not issued. We believe this resulted due to the confusion between what Dade County was issuing and what the City of Aventura was issuing. Regardless, we had applied for building permit for the sign. Subsequent to that, this variance application was filed. At the time of the submission of the permit application to the City, we were advised that the sign ordinance had changed and that a variance was necessary. Accordingly we commenced action to legalize this sign. Based upon this situation there are actually two existing signs on the property. However, we are requesting to ultimately have a ,total of five signs on the property. The balance of the information in the application we believe to be correct. Again, we request ybur favorable review and consideration to this matter. Sincerely yours, C. B. Hall, Jr. Vice President of Construction CBH:prq 20B03 Biscayne Boulevard, Suit~ 10S, Aventura, Florida 33180 Telephone: [305) 935-0255 · Fax: [30§) 932-9870 An Affiliate of Brookfield Homes Ltd. COSCAN December 11, 1997 Mr. Jaye M. Epstein, AICP City of Aventura Director, Community Development Department 2999 N.E. 191 Street - #500 Aventura, Florida 33180 RE: Cos~n Sign Variance Dear Mr. Epstein: As you know the sign variance request for Thc Point at The Waterways is scheduled to be reviewed by the City Council on December the 16th. There are other signs which need to be reconciled. Accordingly it is requested that you defer this item. This office will awa~e to meet with you and coordinate either removing or obtaining the necessary variance and permits for any of the additional signs which exist around the Coscan property. Your assistance in this matter is most appreciated. Richard Lamondin President REL/jc DELLA PORTA WARD & ASSOCIATES Planning & Zoning Consultants January 16, 1998 Ms. Brenda Kelley, Planner Community Development Dept. 2999 N.E 191 Street - Suite # 500 Aventura, Florida 33180 RE: Coscan Signage Dear Mrs. Kelley: This correspondence is provided as a follow up to our meeting-regarding the signs for Cosean. As you know the on site signs were deferred to the February 3rd agenda. It was our hope to consolidate the offsite signs imo one application. It does not appear we will be able to achieve that at this time. We have removed some signs, and are having plans prepared to reflect the location of the balance of the signs which are to remain. In addition copies of the zoning approvals for the two entry signs at Biscayne Boulevard and the one at 34th Avenue have also been requested from Dade County. These are old files and are in their warehouse and have not yet been received. As soon as this documentation is received and the plans are completed, this will be provided to you. At that point we would be prepared to proceed forward with the off site signage as well. The main concern in my writing is to advise you that in fact we are moving forward in accordance with the meeting we had prior to the first of the year. We are attempting to reconcile all signs and to verify the approval of some of the existing signs. If in fact this information is not complete in time to consolidate both of these into one application, then [ believe we want to proceed with the on site signs. We would then finalize our submission and come back to a second public hearing for the off site signage. Regardless we are attempting to reconcile all of these issues as expeditiously as possible. Serving South Florida since 1974 Suite 214 o 2525 S.W. 3rd Avenue, Miami, Florida 33129 ° (305) 859-8774 · FAX/305) 859-8121 Mrs. Brenda Kelley January 16, 1998 Page 2 If there are any questions, please do not hesitate to call. I appreciate your assistance in this matter as always. Sincerely yours, DELLA PORT& WARD & ASSOCIATES Philip J. Ward CC: Jerry Proctor Bud Hall PJW/gm BROWARD COUNT~ DADE COUNTY IVES .iq Promenade Shops 203 ST. 201 TER, AVENTURA Mall YACHT CLUB DB q ~ -' CLUB DR City of Aventura Government 192 ST. The Cove 190 Loe/unann's Fa.~hion uJ Island >~ 188 ST. MaMa' L 192 ST. 33180 33~60i Dumfoundling / Sound LEGEND 0 Roadways ...... City Boundary ...... ZIP Code ~:, Broward County EXHIBIT #3 N EXHIBIT "A" EXHIBIT "B" RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING A SIGN VARIANCE TO PERMIT A BUILDING IDENTIFICATION SIGN AT EACH OF THE FIVE (5) HIGH-RISE BUILDINGS WITHIN THE DEVELOPMENT KNOWN AS "THE POINT AT THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RU-4, High Density Apartment House District, a residential district; and WHEREAS, the Applicant, Coscan Waterways, Inc., through Application No. 04- SV-97, has requested a Sign Variance to permit a building identification sign at each of the five (5) high rise buildings within the development known as "The Point at the Waterways"; and WHEREAS, the Community Development Department recommends approval of the request subject to conditions; and WHEREAS, following proper notice, the City Commission has held a public hearing, as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. Application No. 04-SV-97 for a Sign Variance on property legally described as: A portion of Tract "Q", "The Waterways - Section 5", according to the Plat thereof as recorded in Plat Book 126, Page 59 of the Public Records of Dade County, Florida, and a portion of Tract "RR", "The Waterways - Section 5 First Addition", according to the Plat thereof as recorded in Plat Book 139, Page 10 of the Public Records of Dade County, Florida. aka The Point at the Waterways is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows. · Site Plan, Sheet A1-1, prepared by Robert M. Swedroe, date stamp received 12- 09-97; · Signage, Sheet Al-la, prepared by Robert M. Swedroe, date stamp received 12- 09-97; · Planting Plan, prepared by Bradshaw Gill & Associates, revised date 11-5-97. PROJECT SPECIFIC CONDITIONS 1. Landscaping, as shown by the Planting Plan, shall be installed at the existing Atlantic II monument sign prior to issuance of permits for signage associated with this application. 2 Resolution No. Page 3 Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. , who ., and ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ARTHURI. SNYDER, MAYOR CITY ATTORNEY 3 Resolution No. Page 4 This Resolution was filed in the Office of the City Clerk this day of .,1998. CITY CLERK 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~ Eric M. Soroka, .~Cit~l.ar)a'g~ Brenda Kelley, I tr~erim~unityf/" ~ Development Directo~!/~ .. July 28, 1998 Request of Coscan Florida, Inc. for special exception approval to allow off-premise signs. (02-SE-97) August 4, 1998 City Commission Meeting Agenda Item This item was deferred from the December 18, 1997 meeting to February 3, 1998, at which time a further deferral was requested. THE REQUEST The applicant, Coscan Florida, Inc. is requesting Special Exception approval to allow off-premise signs at the following locations, as further described herein: 1. Temporary Development identification sign at the southeast corner of Biscayne Boulevard and NE 207 Street; and 2. Temporary Development identification sign at the northeast corner of NE 207 Street and NE 34 Avenue; and 3. Temporary sales center sign located on the west side of Yacht Club Drive; and 4. Temporary Bollard sign in the median of NE 34 Avenue, north of NE 207 Street; and 5. Miscellaneous directional signage located adjacent to the development. RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined heroin: 1. Approve the request for temporary development identification, off-premise signage and the temporary sign at the sales center to romain until December 31, 2000; and 2. Allow the existing temporary bollard sign located in the median of NE 34 Avenue to remain in its present location until December 31, 2000, however, the sign shall not be relocated; and 3. Approve the request for directional signage adjacent to the development. BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY LEGAL DESCRIPTION Coscan Waterways, Inc. east of Yacht Club Drive between theoretical NE 210 Street and theoretical NE 214 Street (See Exhibit #2 for Location Map and Exhibit #3 for an aerial photograph). A portion of Tract "Q", "The Waterways - Section 5", according to the Plat thereof as recorded in Plat Book 126, Page 59 of the Public Records of Dade County, Florida, and a portion of Tract "RR", "The Waterways - Section 5 First Addition", according to the Plat thereof as recorded in Plat Book 139, Page 10 of the Public Records of Dade County, Florida. Zoning - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: RU-4, High Density Apartment House District canal and City of Hallandale RU-3M, Minimum Apartment House District Intracoastal Waterway RU-4, High Density Apartment House District 2 Existing Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Multi-family Residential canal and City of Hallandale Multi-family Residential Intracoastal Waterway Multi-family Residential Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade County, Florida, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Medium Density Residential canal and City of Hallandale Medium Density Residential Intracoastal Waterway Medium Density Residential The Site - The subject site is known as "The Point at the Waterways". It is located between Yacht Club Drive and the Intracoastal Waterway and between theoretical NE 210 Street and theoretical NE 214 Street. (See Exhibit #2 for a location map and Exhibit #3 for an aerial photograph). The Project - "The Point at the Waterways" is essentially a high rise development although there are single family/townhouse type structures around the perimeter of the property. The following information is offered as background data for the existing off-premise signs for this development: 1. The sign located at the southeast corner of Biscayne Boulevard and NE 207 Street (see Exhibit A) was approved by Miami-Dade County in approximately late 1983 (see Exhibit B for copy of approved sign). The signage "The Point Sales Center" and "The Point" was added after the approval. The applicant is requesting that this signage be allowed to remain until the completion of sales for the development. 2. The sign located at the northeast corner of NE 34 Avenue and NE 207 Street (see Exhibit C) was also approved by Miami-Dade County in approximately late 1983 (see Exhibit D for copy of approved sign). The sign at the top "The Point of Aventura Sales Center" was added after the approval. The applicant is requesting that this sign be allowed to remain until the completion of sales for the development. 3 The bollard sign located in the median of NE 34 Avenue, north of NE 207 Street (See Exhibit E) is proposed to be relocated to the median just north of the intersection of NE 34 Avenue and NE 213 Street upon completion of construction of NE 213 Street. This sign will be temporary in nature as the sales center will be closed upon sales of units for the development. The applicant originally had approximately five (5) of these bollard signs in various locations along NE 207 Street, NE 34 Avenue and Yacht Club Drive which all have been removed except this one sign. 4. A sign for the sales center (See Exhibit F) is located on the west side of Yacht Club Drive just north of the sales facility. This sign will be temporary in nature as the sales center will be closed upon sales of units for the development. 5. There are eight (8) directional signs to the west of the development, in the median and along the east side of Yacht Club Drive. (Three (3) of these signs two-'Exit Only' and 'The Point Resident Club') are located on the subject property and are not part of this application). These signs were originally much higher, however, the applicant has lowered the signage to conform to the standards of the Sign Code. Approval for the five (5) directional signs located at off-premise locations is required. This includes three (3) 'No Parking Tow Away Zone' signs, one (1) 'Receiving' sign and one (1) 'North Tower Entry' sign. (See Exhibits G, H, and I). Please note that the applicant has been very cooperative in removing all but one of the off-premise bollard signs located in medians and along the side of NE 34 Avenue. Additionally, action figures were removed from the southwest corner of the development and directional signage was lowered to conform to the standards of the Sign Code. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Dade County Comprehensive Development Master Plan. Citizen Comments - The Community Development Department has not received any written citizen comments. Community Development Department Analysis - Off-Premise Si,qns The Miami-Dade County Code requires Special Exception approval for off-premise signs which may serve as entrance features. Additionally, the City's Sign Code prohibits Off-Premise signs. All signs, excepting some of the directional signs requested within this application are off-premise signs. 4 The guidelines for approval of special exceptions as required by Miami-Dade County Code Section 33-311(d) requires the applied for exception or use, including exception for site or plot plan approval, 1. Would not have an unfavorable effect on the economy of Miami-Dade County. These signs have been existing for a considerable period of time and have not yet shown an unfavorable effect on the economy of Miami-Dade County. 2. Would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways, or other such facilities which have been constructed or which are planned and budgeted for construction, are assessable by private or public roads, streets or highways; These signs have been existing for a considerable period of time and have not generated or resulted in excessive noise or traffic, nor caused undue or excessive burden on public facilities. 3. Would not tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population; These signs have been existing for a considerable period of time and have not tended to create a fire or other equally or greater dangerous hazards, nor provoked excessive overcrowding or concentration of people or population. 4. When considering the necessity for and reasonableness of such applied for exception or use in relation to the present and future development of the area concerned and the compatibility of the applied for exception or use with such area and its development. Since the majority of these signs are temporary in nature, they are not incompatible with the development of the area concerned. The request is reasonable in that the signs are beneficial to the sales of the development. The conditions as required by the City's Sign Ordinance for granting of a sign variance request are: 1. ^ variance may be granted upon a showing by the applicant that the Sign Variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. Since the majodty of these signs are temporary in nature and have been existing for a considerable period of time, they are compatible with the development of the area concerned since they are beneficial to the sales of the development. Furthermore, these signs improve vehicular and pedestrian safety. 2. No showing of unnecessary hardship to the land is required. CONDITIONS It is recommended that the City Commission take the following actions with conditions as outlined herein: 1. Approve the request for temporary development identification, off-premise signage and the temporary sign at the sales center to remain until December 31, 2000; and 2. Allow the existing temporary bollard sign located in the median of NE 34 Avenue to remain in its present location until December 31, 2000, however, the sign shall not be relocated; and 3. Approve the request for directional signage adjacent to the development. STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows. · Master Site Plan, prepared by Leiter & Associates, Inc., revised dated 1/23/98. PROJECT SPECIFIC CONDITIONS All temporary off-premise signs and the sign at the sales center shall be removed no later than December 2000. 2. All directional signage requires permit approval. Applicant shall obtain building permits within three (3) months of the date of this Resolution or the approvals granted for the directional signage shall be deemed null and void and the applicant shall be required to reinstate the public hearing approval process unless the term is extended by a motion of the City Commission prior to its expiration. /staff repo~ts/02-SE-97 The point signs 070798 6 ECKERT SEAMANS CHERIN & MELLOTT 701 Brickcll Avemu' ISth Floor Mhltni, FL 33137 Telephone 305,/373 9100 Facsimilt 305/372 9400 Miami HarrisburR Pittsburgh Alhmtowll Philadelphia April 7, 1997 Mr. Jaye Epstein Director of Community Development City of Aventura 2999 NE 191 St., Suite 500 Aventura, Florida 33180 Re: 'Zoning Application by Coscan Florida, Inc. Dear Jaye: Please accept this letter of intent for a zoning application for the City of Aventura. The undersigned represents the applicants in this application for special exception approval to permit several signs to serve as entrance features for the multi-family residential project known as "The Point" at the Waterways. As you know, the Waterways is one of the largest developments within your city and is a project which has been tastefully designed and is in the ongoing stages of development. The applicant has been cited with notices of violations for a series of small signs Which serve to form the entry identification for the project off Biscayne Boulevard and a continuing point of reference for vehicles travelling toward the development along N.E. 207 St. The signage is small and tasteful in appearanqe and serves to adequately direct traffic off Biscayne Blvd., to N.E. 34 Ave., and around to the north and east along N.E. 34 Ave. and Yacht Club Drive to "The Point." We believe that this development's location requiring such a circuitous traffic movement and adjacent to the intracoastal waterway justifies the placement of several tasteful entry identification signs. If the city would so desire, the 'applicant would be happy to negotiate some form of phase-out plan for the signs as the project becomes fully developed and sold. Thank you in advance for your consideration of this application. Very truly yours, JBP/ad/58073 cc: Robert Ackerman Stanley B. Price, Esq. JERRY B. PROCTOR 305/ 347-3821 COSCAN December 11, 1997 Mr. Jaye M. Epstein, AICP City of Aventura Director, Community Development Department 2999 N.E. 191 Street- #500 Aventura, Florida 33180 RE: Coscan Sign Variance Dear Mr. Epstein: As you know the sign variance request for The Point at The Waterways is scheduled to be reviewed by the City Council on December the 16th. There are other signs which need to be reconciled. Accordingly it is requested that you defer this item. This office will arrange to meet with you and coordinate either removing or obtaining the necessary vaxiance and permits for any of the additional signs which exist around the Coscan property. Your assistance in this matter is most appreciated. Richard Lamondin President REL/jc DELLA PORTA WARD & ASSOCIATES Planning & Zoning Consultants January16,1998 Ms. Brenda Kelley, Planner Community Development Dept. 2999 N.E 191 Street - Suite # 500 Aventura, Florida 33180 RE: Coscan Signage Dear Mrs. Kelley: This correspondence is provided as a follow up to our meetingregarding the signs for Coscan. As you know the on site signs were deferred to the February 3rd agenda. It was our hope to consolidate the offsite signs.into one appliCation. It does not appear we will be able to achieve that at this time. We have removed some signs, and are having plans prepared to reflect the loCation of the balance of the signs which are to remain. In addition copies &the zoning approvals for the two emry signs at BisCayne Boulevard and the one at 34th Avenue have also been requested from Dare County. These are old files and are in their warehouse and have not yet been received. As soon as this documentation is received and the plans are completed, this will be provided to you. At that point we would be prepared to proceed forward with the offsite signagn as well. The main concern in my writing is to advise you that in fact we are moving forward in accordance with the meeting we had prior to the first &the year. We are attempting to reconcile all signs and to verify the approval of some &the existing signs. If in fact this information is not complete in time to consolidate both of these into one application, then I believe we want to proceed with the on site signs. We would then finalize our submission and come back to a second public hearing for the off site signage. Regardless we are attempting to reconcile all of these issues as expeditiously as possible. Serving South Florida since 1974 Suite 214 · 2525 S.W. 3rd Avenue, Miami, Florida 33129 · (305) 859-8774 · FAX (305) 859-8121 Mrs, Brenda Kelley January 16, 1998 Page 2 If there are any questions, please do not hesitate to call. I appreciate your assistance in this matter as always. Sincerely yours, DELLA PORTA, WARD & ASSOCIATES Philip J. Ward CC: Jen-y Proctor Bud Hall P.lW/gm BROW.~ea) cotnvr;z BADE CO~ CIRCLE ~r LEGEND City Boundary Broward County EXHIBIT #3 A N EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT EXHIBIT H EXHIBIT I RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING A SIGN VARIANCE TO PERMIT: 1) TEMPORARY OFF-PREMISE DEVELOPMENT IDENTIFICATION SIGNS; 2) TEMPORARY SALES CENTER SIGN; 3) TEMPORARY OFF-PREMISE BOLLARD SIGN; AND 4) OFF-PREMISE DIRECTIONAL SIGNS FOR COSCAN FLORIDA, INC., KNOWN AS "THE POINT AT THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RU-4, High Density Apartment House District, a residential district; and WHEREAS, the Applicant, Coscan Florida, Inc., through Application No. 02-SE- 97, has requested a Sign Variance to permit certain signs at the following locations: 1. Temporary off-premise development identification sign located at the southeast corner of Biscayne Boulevard and NE 207 Street; and 2. Temporary off-premise development identification sign located at the northeast corner of 207 Street and NE 34 Avenue; and 3. Temporary sales center sign located on the west side of Yacht Club Drive; and 4. Temporary bollard sign located in the median of NE 34 Avenue, north of NE 207 Street; and 5. Miscellaneous off-premise directional signage located adjacent to the development. WHEREAS, the Community Development Department recommends approval of the request subject to conditions; and WHEREAS, following proper notice, the City Commission has held a public hearing, as provided by law; and Resolution No. Page 2 WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section '1. Application No. 02-SE-97 for a Sign Variance to property legally described as: A portion of Tract "Q", "The Waterways - Section 5", according to the Pla~ thereof as recorded in Plat Book 126, Page 59 of the Public Records of Dade County, Florida, and a portion of Tract "RR", "The Waterways - Section 5 First Addition", according to the Plat thereof as recorded in Plat Book 139, Page 10 of the Public Records of Dade County, Florida. aka The Point at the Waterways is hereby acted upon as follows subject to each of the conditions outlined herein: 1. Approve the request for temporary development identification, off-premise signage and the temporary sign at the sales center to remain until December 31, 2000; and 2. Allow the existing temporary bollard sign located in the median of NE 34 Avenue to remain in its present location until December 31, 2000, however, the sign shall not be relocated; and 3. Approve the request for directional signage adjacent to the development. Resolution No. Page 3 STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows. · Master Site Plan, prepared by Leiter & Associates, Inc., revised dated 1/23/98. PROJECT SPECIFIC CONDITIONS 1. All temporary off-premise signs and the sign at the sales center shall be removed no later than December 31,2000. 2. All directional signage requires permit approval. Applicant shall obtain building permits within three (3) months of the date of this Resolution or the approvals granted for the directional signage shall be deemed null and void and the applicant shall be required to reinstate the public hearing approval process unless the term is extended by a motion of the City Commission prior to its expiration. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 4 The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patdcia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder , who , and PASSED AND ADOPTED this 4th day of August, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,1998. CITY CLERK TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M. Soroka, Ci~//l~, / Brenda Kelley, Intt~im July 27, 1998 munity Development Directo~_.,~ Request by Drew Wolf for Multiple Approvals associated proposed retail center at 17866-17870 Biscayne Boulevard. Application Number: 03-MA-97B with the August 4, 1998 City Commission Meeting Agenda Item This item was deferred from the July 7, 1998 City Commission meeting. The applicant's Attorney has requested that this item again be deferred, to the meeting of September 1, 1998. (See attached letter) /staff reports/03-MA-97B Drew Wolf 080498 VIA FAX BILZiN SUMBeRG DUNN PRICE & AXELROD LLP July 23, 1998 Ms. Brenda Kelly Community Development Director City of Aventura, Concourse Center 2 2999 N.E. 191 St., 5th Flr. Aventura, FL 33180 Re: Drew Wolf; 17866-17870 Biscayne Blvd. Aventura, Florida Dear Ms. Kelly: With reference to the above matter, please be advised that we are not prepared to proceed to hearing during the month of August. We would, however, request that this item be included on the September agenda. Please advise if this meets with your approval. Thank you. Sincerel~ Sta~nl~e ~. Price SBP:cm cc: Mr. Drew Wolf G:\DMZ\73536\I0847\0199710.01 7/23~8 MINUTES CITY COMMISSION MEETING TUESDAY, JULY 7, 1998 6:00 P.M. Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Patdcia Rogers-Libert, Jeffrey M. Perlow, Vice Mayor Ken Cohen, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Judge Barbara Levinson led the pledge of allegiance. 6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Proclamation to the family of William W. Heiberger in his memory. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings were sworn in by the City Clerk. APPLICANT: HIDDEN BAY ASSOCIATES II (Applicant has withdrawn this application with prejudice in accordance with Miami-Dade County Code Section 33-304) Mr. Weiss read the title of this application and explained the nature of this withdrawal and the criteria by which it may be re-filed. Joyce Fox, Mystic Pointe; and Leonard Brenner, Turnberry Towers, addressed the Commission. Commissioner Beskin requested that the Chair not entertain comments from the public, as a public hearing was not in order and the applicant was not in attendance. His request was denied. Commissioner Beskin appealed the ruling of the Chair. The ruling stood. Commissioner Perlow requested the Mayor's comments relative to his prediction on the outcome of the vote on this matter be stricken from the record and Mayor Snyder agreed. Commissioner Perlow left the meeting at this time. Sw APPLICANT: DREW WOLF The title of this application was read by Mr. Weiss. At the request of the applicant and staff, a motion to defer this item was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed. APPLICANT: ROBERT LANSBAUGH The title of this application was read by Mr. Weiss. A motion to defer this item until the application is complete was offered by Commissioner Rogers-Libert, seconded by Commissioner Beskin and unanimously passed. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED AT 19915-19925 BISCAYNE BOULEVARD; GRANTING A NON-USE VARIANCE OF OPEN SPACE REQUIREMENTS TO WAIVE 0.58% OF THE REQUIRED 14% OPEN SPACE WHERE 13.42% OPEN SPACE IS PROPOSED; GRANTING A SIGN VARIANCE TO PERMIT ONE (1) MONUMENT SIGN LARGER THAN THAT ALLOWED; DENYING A SIGN VARIANCE FOR ONE (1) DIRECTIONAL SIGN LARGER THAN THAT ALLOWED; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, and seconded by Vice Mayor Cohen. Commissioner Perlow returned to the meeting at this time. Brenda Kelley, Community Development Director, explained the application and provided the Commission with a revised proposed resolution which included an additional Whereas clause relative to the uniqueness of this application. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Phil Ward, planning and zoning consultant for the applicant, 2525 SW 3rd Street; Peter Waldman, Esq., attorney for FDOT; and applicant George Berlin. There being no further speakers, the public hearing was closed. A motion was offered by Commissioner Berger, seconded by Commissioner Perlow and unanimously passed to amend the Whereas clause relative to uniqueness to change the words "particular application" to "subject property". The motion for approval of the resolution, as amended, unanimously passed and Resolution No. 98-86 was adopted. 2 E. Mr. Weiss read the following motion: MOTION TO APPROVE REQUEST BY JOSEPH B. KALLER FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED JULY 2, 1998. A motion to approve the request was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Joseph Kaller, Architect for the owner, 2417 Hollywood Blvd., and Mr. Ken Marlin, prospective buyer. There being no further speakers, the public hearing was closed. Inasmuch as the owner was not present or making the application, a motion to amend the approval conditioned upon receipt of proof of consent of owners of record being provided to City Attorney and City Manager was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously passed. The motion for approval, as amended, passed unanimously. APPROVAL OF MINUTES: A motion to approve the minutes of the June 9, 1998 Commission Meeting and the June 30, 1998 Workshop Meeting was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Commissioner Berger requested that page 4 of the minutes of June 9th be amended to provide that relative to discussion of item 3-D, members of the audience were not present during the second deferral vote. The minutes, as amended, were unanimously approved. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 7. CONSENT AGENDA: Commissioner Holzberg requested removal of item 7-A. from the Consent Agenda. Commissioner Berger requested removal of item 7-B from the Consent Agenda. Mr. Weiss requested that approval for item 7-D be conditioned upon receipt of a Covenant of Indemnification in a form acceptable to and approved by the City Attorney. A motion to approve the items remaining on the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow, unanimously passed and the following action was taken: C. Resolution No. 98-$7 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 1998199 TO 2002103; AUTHORIZING THE CITY 3 MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 98-58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ACCEPTANCE OF AN IMPLIED OFFER OF DEDICATION BY STEVEN G. LEVINE, TRUSTEE AND INDIVIDUALLY FOR A PORTION OF NORTHEAST 191sT STREET IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA. E. Resolution No. 98-59 was adopted as follows: 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. The following items were removed from the Consent Agenda and addressed separately: A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA OPPOSING U-TURNS AT THE INTERSECTION OF THE ENTRANCE TO POINT EAST CONDOMINIUM AND BISCAYNE BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. Milt Klompus, 17961 Biscayne Boulevard, and Dr. Arnold Sheir, Biscayne Boulevard, addressed the Commission. A motion to defer this matter until the first Commission meeting after the completion of the Biscayne Boulevard Phase IV project was offered by Vice Mayor Cohen, seconded by Commissioner Holzberg and unanimously passed. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA FOR JOINT COMPLETION OF A LOCAL MITIGATION STRATEGY; AND PROVIDING AN EFFECTIVE DATE. 4 A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow, unanimously passed, and Resolution No. 98-60 was adopted. 8. PUBLIC HEARING: ORDINANCES- SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1997198 FISCAL YEAR BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert, unanimously passed by roll call vote and Ordinance No. 98-18 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING INTERIM SERVICE FEES FOR PROPERTIES NOT YET INCLUDED IN THE COUNTY'S TAX ROLL; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Clifford Schulman, Esq., 1221 Brickell Avenue; and Donald Brodey, Williams Island. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. The motion for approval unanimously passed by roll call vote and Ordinance No. 98-19 was enacted. 9. RESOLUTIONS: Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ADOPTION OF INTERIM SERVICE FEES STUDY DATED JUNE 1, 1998 PREPARED BY TISCHLER AND ASSOCIATES, INC., ATTACHED HERETO AS EXHIBIT A, AND INTERIM SERVICE FEE SCHEDULE INCLUDED THEREIN, PURSUANT TO ORDINANCE NO. 98-19; AUTHORIZING 5 THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. The motion for approval passed unanimously and Resolution No. 98-61 was adopted. 10. OTHER BUSINESS: COMMUNICATION BY COMMISSIONERS PRIOR TO PUBLIC HEARING (Commissioner Perlow) Commissioner Perlow expressed his concerns relative to communication by Commissioners prior to public hearings and the need to preserve the integrity of the Commission. A motion was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to authorize the City Attorney to prepare an ordinance prohibiting Commissioners from publicly disclosing their vote on a matter prior to the public hearing and additional legislation to provide a more user- friendly notice to the public of upcoming zoning hearings. 11. REPORTS: As presented. 12. PUBLIC COMMENTS. The following individuals addressed the Commission: Dr. Janet Aikens, Biscayne Lake Gardens; Harry Crook, Commodore Plaza; Ginger Grossman, West Country Club Drive; and Art Grossman, West Country Club Drive. 13. ADJOURNMENT. There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:35 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 6 MINUTES CITY OF AVENTURA COMMISSION WORKSHOP MEETING JULY 20, 1998 - 10:20 a.m. Aventura Government Center 2999 NE 191~t Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 10:20 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Update Transit System Routes: Joel Valinsky, representing Bermello, Ajamil and Partners, the City's public transit consultant, presented an updated route schedule for the transit system. Consensus of Commission to proceed with Option II as presented. Comprehensive Plan: Gary Dickens, Ivey, Harris & Walls, reviewed the proposed Comprehensive Plan and addressed concerns of the Commission. Changes suggested by Commission to be included therein. Census 2000 Complete Count Committee: Consensus of Commission that the Committee be comprised of one representative from each condominium and each rental unit within the City, along with City staff member. Hei.qht Limitation Ordinance (Commissioners Cohen and Perlow): Consensus of Commission that City Attorney be authorized at the July 20, 1998 Commission meeting to prepare legislation providing a moratorium on building height until land development code is prepared, freezing present development orders as are in place at this time. The meeting adjourned at 1 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on ,1998. MINUTES CITY COMMISSION MEETING TUESDAY, JULY 20, 1998 8:15 P.M Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 8:15 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Stephen Jay Helfman. As a quorum was determined to be present, the meeting commenced. A motion was offered by Commissioner Perlow, seconded by Commissioner Holzberg and unanimously passed by roll call vote to add to the agenda as item 3 - Motion to authorize City Attorney to prepare and present to the City Commission a proposed ordinance providing for a moratorium relative to building height. 2. PUBLIC HEARING: ORDINANCE- FIRST READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF AVENTURA (THE "PLAN"), PURSUANT TO SECTION 163.3161, ET SEQ. FLORIDA STATUTES, "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT;" PROVIDING FOR SEVERABILI'FY; REPLACING PREVIOUSLY APPLICABLE MIAMI-DADE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed by roll call vote. Mr. Helfman explained the discussion of the Commission at the previous Workshop relative to providing a moratorium on the issuance of development orders or permits relative to height limitation. A motion was offered by Vice Mayor Cohen and seconded by Commissioner Berger to authorize the City Attorney to prepare and present to the City Commission a proposed ordinance providing for a moratorium upon the issuance of development orders or permits for: (1) any proposed multi-family residential building exceeding a height of 40 stories; and (2) any proposed multi-family residential building in excess of its previously approved height, even if such previously approved height was less than 40 stories. The proposed moratorium would be for the duration of the preparation of the Land Development Regulations. An amendment was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed to delete "multi-family" from sections (1) and (2). City Attorney instructed to prepare proposed ordinance including concerns of the Commission as expressed. The motion, as amended, passed unanimously by roll call vote. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:40 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA BUDGET REVIEW COMMISSION MEETING JULY 20, 1998- 9:00 A.M. Aventura Government Center 2999 NE 191st Street Suite 500 Aventura, Florida 33180 CALL TO ORDER/ROLL CALL:The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers- Libert, Vice Mayor Ken Cohen, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka reviewed the proposed 1998/99 budget document, as follows: GENERAL FUND, including Revenues, General Government Departments (City Commission, City Manager, Finance Support Services, Legal, City Clerk), Public Safety Department, Community Development Department, Community Services Depadment, Non- Departmental and Capital Outlay. A motion for approval of the General Fund Budget was offered by Vice Mayor Cohen, seconded by Commissioner Berger and unanimously passed. B. Mr. Soroka read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 1998/99 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUGET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution, which establishes a millage rate for the 1998/99 fiscal year of 2.227 per $1,000 of taxable assessed value, was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger, unanimously passed and Resolution No. 98-62 was adopted. POLICE EDUCATION FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. STREET MAINTENANCE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Holzberg and unanimously passed. PARK DEVELOPMENT FUND: A motion was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously passed to provide for a $50,000 increase in this fund to recognize projected revenues from park impact fees. A motion for approval, as amended, was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. DEBT SERVICE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. CAPITAL CONSTRUCTION FUND: A motion for approval was offered by Vice Mayor Cohen, seconded by Commissioner Rogers-Libert and unanimously passed. STORMWATER UTILITY FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. Mr. Soroka announced that the budget public hearings are scheduled for September 10, 1998 and September 24, 1998 at 7 p.m. ADJOURNMENT: After motion made, seconded and unanimously passed, the meeting adjourned at 10:15 a.m. Approved by the Commission on Teresa M. Smith, CMC, City Clerk 1998. CITY OF AVENTURA OFFICE OFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ,/~X Law Enforcement Mutual Aid Agreements Between the City and the Town of Golden Beach August 4, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Town of Golden Beach. BACKGROUND in order to improve cooperative relationships between law enfomement agencies and provide a mechanism to share police resoumes in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The City has previously entered into similar agreements with North Miami Beach, Miami-Dade County and Indian Creek Village. The following list comprises the circumstances and conditions under which mutual aid may be requested: The joint multijurisdictional criminal investigations. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aimraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine motomycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0612-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETVVEEN THE CITY OF AVENTURA AND THE TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the Town of Golden Beach for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by adoption. The motion was seconded by , who moved its , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Resolution No. Page 2 Commissioner Jeffrey M. Pedow Commissioner Patdcia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms MUTUAL AID AGREEMENT Between the Town of Golden Beach Police Department and the City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the Town of Golden Beach, Flodda, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the Town of Golden Beach, subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Definitions: Joint declaration: A document which enumerates the various conditions of situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. Agency or participating law enforcement agency: Either the Town of Golden Beach Police Department or the participating municipal police department. Agency Head: Either the Chief of the Town of Golden Beach Police Department, or the Chief's designees, and the Chief of Police of the participating municipal police department, or the Chief's designees. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. Certified law enforcement employees: Any law enforcement Employee certified as provided in Chapter 943, Florida Statutes. Operations: In the event that a party to this Agreement is in need of assistance as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is required. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. Each party to this Agreement agrees to furnish necessary man power, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. The agency heads of the participating law enforcement agencies, Or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. Powers, Privileges, Immunities, and Costs: All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equip- ment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. All exemption from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2001, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this ~- ( day of July, 1998. ~,own Manager, Town of Golden Beach, City Manager, City of Aventura, FIodda Flodda ATTEST: T(~N~erk. To.of Golden Beach, FL ATTEST: City Clerk, City of Aventura, Flodda ~I~OVED AS TO FORM AND LEGAL SUFFICIENCY: 7¢wn/~..tto~e,, =¢O~e_a_.?_, city Attorney, City of Aventura, Flodda JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE TOWN OF GOLDEN BEACH POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of Aventura, Florida, and the Town of Golden Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes 3. Any natural disaster Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures 5. Terrorist activities including, but not limited to, acts of sabotage 6. Escapes from or disturbances within detention facilities 7. Hostage and barricaded subject situations, and aircraft piracy Control of major crime scenes, area searches, perimeter control, backups to emergency and in-progress calls, pursuits, and missing persons calls Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call 10. Enemy attack 11. Transportation of evidence requiring security 12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions 13. Security and escort duties for dignitaries 14. Emergency situations in which one agency cannot perform its functional objective 15. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information 16. Joint training in areas of mutual need 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest p(~rs within the area comprising the jurisdictional waters within respective municipal boundaries DATE: ,JUL :t 1998 Chief of Town of Golden Beach Police Dept., Golden Beach, Flodda HERNAN CARDENO Chief of City of Aventura Police Dept., Aventura, Flodda THOMAS E. RIBEL ATTEST: Town"~...Gold'en~..~ach TOWN CLERK ATTEST: City of Aventura, CITY CLERK JOINT DECLARATION AMENDMENT UNDER GOLDEN BEACH POLICE/ AVENTURA POLICE MUTUAL AID AGREEMENT This Agreement amends the Joint Declaration under the Mutual Aid Agreement of __, 1998, to include and permit concurrent marine patrol related jurisdiction between agencies on the waters, waterways, canals, channels, rivers, lakes, streams, and any and all other bodies of waters, including the Intracoastal Waterway (ICVV) that fall within either jurisdiction at this or any future time during the term of this Mutual Aid Agreement. It will be agreed between both Chiefs of Police of the Town of Golden Beach and the City of Aventura to the following conditions of concurrent marine patrol related jurisdiction: Both agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to take enfomement actions as deemed appropriate under city, state, and federal laws, rules, and regulations, and to write boating law violation citations, make arrests, and to attend court on be- half of the other agency. Both agencies agree that any and all incidents, which require an initial (preliminary) police offense incident report (OIR), will be completed by the agency making the initial contact. Any follow-up investigations that are required are to be completed by the jurisdiction the incident occurred regardless of which agency completed the original offense incident report. If an arrest is made by one agency that is operating in the jurisdictional waters of the other agency, and that arrest results in asset forfeiture proceedings, both agencies agree to a 50-50 share of the final asset distribution following the payment of all expenses relating to the prose- cution of the civil case. The jurisdiction of civil forfeiture action shall be filed by seizing agency. Both agencies have the right to set their own days and hours for marine patrol and agree to provide assistance and aid to the other agency under the spirit of Mutual Aid Agreement. This Amendment shall become effective upon the signing of both Chiefs of Police and shall remain in effect until either the current Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to the other agency to rescind this Amendment. I accept the terms and conditions of the aforementioned Amendment to the current Mutual Aid Agreement and Joint Declaration between the City of Aventura Police Department and the Town of Golden Beach Police Department. .JUL 2 1 1998 Date Date ("' , City Manager Golden Beach, Florida Hernan D. Cardeno, Chief of Police Town of Golden Beach Police Dept. Eric M. Soroka, City Manager Aventura, Florida Thomas E. Ribel, Chief of Police City of Aventura Police Dept. (914:Joint Declaration) CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City, y,y~ July 28, 1998 Aventura Mall Access R edication and Easement Agreement August 4, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which authorizes the execution of the Aventura Mall Access Road Dedication and Easement Agreement. BACKGROUND As previously advised, to improve traffic flow, Aventura Mall (Mall) is relocating its entrance from Country Club Drive to the north and installing a traffic signal at the intersection and creating an access road to the Mall with another traffic signal internal to the Mall. In order for the County to approve and maintain the internal traffic signal, the spoke road connecting to Country Club Drive and easements for the traffic control devises must be dedicated to the City as a public roadway. The County will maintain and operate the traffic control signal. The Mall shall provide liability insurance for the access road and maintain the roadway, sidewalks, landscaping and lighting. Any replacement, relocation or modification of the traffic control signal and/or the access road requires the approval of the City. Overall, the Agreement has no economic impact on the City. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0615-98 RESOLUTION NO. 98-._ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO THE ATTACHED DEDICATION AND EASEMENT AGREEMENT RELATIVE TO THE MALL ACCESS ROAD AND TRAFFIC SIGNALIZATION BY AND BETWEEN THE CITY AND AVENTURA MALL VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: .Section 1. The City Manager is hereby authorized to enter into the attached Dedication and Easement Agreement relative to the Mall Access Road and traffic signalization by and between the City and Aventura Mall Venture Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become adoption. The foregoing Resolution was offered by moved its adoption. The motion was seconded by upon being put to a vote, the vote was as follows: effective immediately upon its who , and Resolution No. 97- Page 2 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms DEDICATION AND EASEMENT AGREEMENT THIS DEDICATION AND EASEMENT AGREEMENT ("Agreement") is made this day of , 1998, by and between Aventura Mall Venture, a Florida general partnership CAMV"), whose post office address is 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 and The City of Aventura, a Florida municipal corporation ("City") and its successors in interest, whose Post Office address is 2999 NE. 191st Street, Suite 500, Aventura, Florida 33180. WITNESETH: WHEREAS, AMV is the owner of certain real property located in Miami-Dade County, Florida, upon which is situated a regional shopping center, commonly known as the Aventura Mall (the "Mall Property"); and WHEREAS, that certain real property legally described in Exhibit "A" attached hereto (the "Access Road Parcel") constitutes a portion of the Mall Property which is designated for the construction of a roadway and related improvements for the purpose of vehicular ingress and egress to and fi-om Ring Road servicing the Mall Property to and fi-om the public right-of-way known as West Country Club Drive; and WHEREAS, AMV requires that a traffic control signal be installed, maintained and operated within the Access Road Parcel for the purpose of regulating the flow of traffic over and through the Access Road Parcel; and WHEREAS, that certain Aventura Mall Ring Road/Spoke Road Imersection Signalization Plan prepared by Kimley-Hom and Associates, Inc. ("Plan") for the installation of the proposed traffic control signal and appurtenances thereto is attached hereto as Exhibit "B" and is subject to approval by City; and WHEREAS, that certain Aventura Mall Spoke Road Relocation Roadway Improvement Plan and Signalization Plan prepared by Kimley-Hom and Associates, Inc. ("Roadway Plan") for the construction of the roadway is attached hereto as Exhibit "C" and is subject to approval by City; and WHEREAS, County ofMiami-Dade, a body corporate and Political Subdivision of the State of Florida ("County") is the governmental entity with the authority and jurisdiction to maimain and operate a traffic control signal on the Access Road Parcel; and WHEREAS, pursuant to Dade County Code, ("Code"), Section 30-416, it is the duty of the "Traffic Dkector", as such term is defined in the Code, to plan and determine the installation and proper timing of traffic control devices; and WHEREAS, Section 30-417(9) of the Code provides, in part, that all traffc control signs, s~gnals and devices shall conform to the manual and specifications as approved by the State Department of Transportation (as such term is defined in the code) and that all signs and signals required thereunder for a particular purpose shall be uniform as to type and location throughout the County; and WHEREAS, therefore it has been determined that the Access Road Parcel be dedicated to City and that appropriate easements for the purpose of installation of a traffic control signal on the Access Road Parcel and maintenance of the improvements thereon be granted to AMV as a condition precedent to the dedication of the Access Road Parcel to City; and WHEREAS, AMV has agreed to dedicate the Access Road Parcel to City, subject to the terms and conditions contained herein; and WHEREAS, pursuant to the Code, County is responsible for the maintenance and operation of the traffic control signal to be installed by AMV on the Access Road Parcel. NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements of the parties hereto and the sum of Ten Dollars ($10.00) paid in hand, the receipt and sufficiency of which are hereby acknowledged, the patties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. in interest. AMV hereby agrees to dedicate the Access Road Parcel to City and its successors 3. Pursuant to the Code, County shall maintain and operate a traffic control signal and it's appurtenances to be installed by AMV on the Access Road Parcel. 4. City hereby grants and conveys to AMV, its successors and assigns, a perpetual, non-exclusive ingress and egress easement over, under, across and upon the Access Road Parcel for the purpose of providing ingress and egress of motor vehicles and pedestrians across the roadway situated upon the Access Road Parcel to and from the Mall Property, and a perpetual non-exclusive easement for maintenance of the Access Road Parcel and for traffic control signal installation thereon. The easements herein granted by City to AMV and this Agreement generally, shall be subject to the following conditions: a) Insurance. The liability insurance maintained by AMV for the Mall Property, shall include the Access Road Parcel in the property covered by such insurance and shall insure the indemnification obligations of AMV herein. The insurance provided shall be in an amount of at least One Million Dollars, combined single limit for personal injury and property damage coverage. b) Indemnification. AMV does hereby indemnify City and agrees to defend and hold City harmless against any and all claims for any cause of action related to or arising from (i) the exercise of AMV of any of the rights granted under the Agreement, or (ii) any injury to any person or property in connection with the exercise by AMV of any right granted under this 2 Agreement. With respect to AMV's indemnification obligations, this paragraph shall be limited to the insurance coverage to be provided pursuant to paragraph (a) above. Accordingly, City shall be named as an additional insured thereunder, at all times. c) The roadways, sidewalks, landscaping and lighting within the Access Road Parcel shall be maintained in a manner befitting a first class commercial facility. Further, the ground surfaces shall be maintained at such grade and levels such that they may be used and enjoyed as contiguous and homogeneous common areas of the Mall Property and AMV shall maintain those surfaces in a good, level, smooth and evenly covered condition with the type of surfacing material originally installed on the Access Road Parcel or of similar quality, use and durability. AMV shall be responsible for upkeep and maintenance of the Access Road Parcel, with the exception of the alteration, repair or restoration of the subject traffic signal, to assure it is maintained in a first- class manner during the entire term of this Agreement. d) If any governmental authority requires the alteration, repair or restoration of any condition within the Access Road Parcel with the exception of the alteration, repair or restoration of the subject traffic signal, in order to bring about compliance with laws or governmental regulations, then AMV shall be solely responsible for promptly making such alteration, repair or restoration as shall be required to comply with such laws and regulations. e) AMV shall remove all papers, debris, filth and refuse on the Access Road Parcel to keep the area in a neat, clean and orderly condition. 5. Subject to the terms and provisions of this Agreement, AMV shall be permitted to erect a single monument sign and a single directional sign upon a portion of the Access Road Parcel designated for the location of such monument sign and directional sign on the portion of the Access Road Parcel designated for same, in accordance with a proposed plan to be approved by City, provided such signs are erected and maintained in compliance with the requirements of all governmental departments having jurisdiction over the Access Road Parcel. 6. In connection with the granting of the easement rights hereunder to AMV, AMV agrees that City, their invitees, licensees, employees, and guests may enjoy and hereby reserves the right to exercise ingress and egress over and across the Access Road Parcel provided, however, that in no event shall any of said rights herein reserved by City materially impede AMV's exercise of the easement rights granted hereunder. 7. Replacement, Relocation or Modification. AMV, it's successors and/or assigns, shall have the right to replace, relocate or modify the traffic control signal and appurtenances thereto, and/or the roadway and related improvements within the Access Road Parcel, provided the terms of this Agreement continue to be met and this Agreement is in full force and effect. Any permits required to make such a replacement, relocation or modification of same shall be obtained by AMV. All costs for replacing, relocating or modifying, the traffic control signal and appurtenances thereto and/or the roadway and related improvements within the Access Road 3 Parcel, recording of instruments of conveyance, obtaining permits and any other costs of making such changes shall be borne by AMV, its successors and/or assigns. Prior to proceeding with any replacement, relocation or modification of the traffic control signal and appurtenances thereto and/or the roadway or related improvements within the Access Road Parcel, an agreement setting forth the proposed replacement, relocation or modification must be executed by and between AMV and City. Immediately following the construction of any agreed upon replacement, relocation or modification of same the parties agree to execute a new easement agreement, as appropriate. 8. Term. The terms, covenants, provisions and conditions of this Agreement shall continue and remain in full force and effect perpetually commencing upon the date that AMV dedicates the Access Road Parcel to City by dedication or by delivery ora deed. 9. Covenants Running with the Land. During the term of this Agreement, the provisions of this Agreement shall be binding upon and inure to the benefit of AMV and City, any lessees and sublessees of the parties, and the parties successors and assigns, and shall constitute covenants running with and be binding upon the Access Road Parcel. 10. Notice: All notices required by this Agreement shall be delivered in person or by third-party courier ("Courier") (including overnight courier service such as Federal Express) or by facsimile transmission ("Fax") to the telephone number set forth below (provided that notice by Fax, to be effective, must be followed by overnight courier delivery the next business day) or by certified mail, return receipt requested, postage prepaid, addressed to the party or person to whom notice is to be given, at the following addresses: To AMV: With copyto: To City: Aventura Mall Ventures, a Florida general partnership 19501 Biscayne Blvd., Suite 400 Aventura, Florida 33180 Attn.: Mr. George J. Berlin Richard N. Schermer, Esq. Buchanan Ingersoll One Turnberry Place 19495 Biscayne Blvd., SuRe 606 North Miami Beach, Florida 33180 (305) 933-5600 City of Aventura 2999 N.E. 191st Street SuRe 500 Aventura, Florida 33180 Attn.: Eric M. Soroka, City Manager 4 With copy to: Stephen Helfinan, Esq. Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. Suite 420 Miami, Florida 33133 11. Authority. If AMV signs as a corporation, partnership, trust or other entity, each of the persons executing this Agreement, on behalf of AMV, does hereby covenant and warrant that AMV is duly authorized to transact business and has full right and authority to enter into this Agreement, and that the persons signing on behalf of AMV were authorized to do so. 12. Miscellaneous. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Agreement is not intended nor shall it be construed to create any third-party beneficiary rights as to any person who is not a party hereto unless expressly otherwise provided. 13. Amendment. This Agreement shall not be amended after its recordation without the prior written approval of the AMV and City. 14. Interpretation. If any clause, sentence or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 1N WITNESS WHEREOF, the parties have executed this Agreement as of the date first indicated above. WITNESSES: AVENTURA MALL VENTURES, a Florida general partnership: By: Tumberry Aventura Mall Company, a Florida general partnership, general partner Print Name: By: Print Name: Title: Print Name: [SIGNATURES CONTAINED ON FOLLOWING PAGE] 5 By: Simon-De Bartolo Group, L.P., a Delaware Limited Partnership, general partner Print Name: Print Name: Title: Print Name: The City of Aventura, a Horida municipal corporation Print Name: By: Print Name: Title: Print Name: STATE OF FLORIDA ) )SS: CITY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this __ day of · 1998, by , as , on behalf of Tumberry Aventura Mall Company, as general partner, on behalf of Aventura Mall Ventures, a Florida general partnership. He is personally known to me. My commission expires: Notary Public State of Florida Print Name: Serial Number: [ACKNOWLEDGMENTS CONTAINED ON FOLLOWING PAGEl 6 STATE OF FLORIDA ) )SS: CITY OF MIAM~ DADE ) The foregoing instrument was acknowledged before me this __ day of ~ 1998, by , as , on behalf of Simon-De Bartolo Group, L.P., as general partner, on behalf of Aventura Mall Ventures, a Florida general partnership. He is personally known to me. My commission expires: Notary Public State of Florida Print Name: Serial Number: STATE OF FLORIDA ) )SS: CITY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this __ day of , 1998, by , as , on behalf of The City of Aventura, a Florida municipal corporation, who is personally known to me or who has produced as identification. My commission expires: Notary Public State of Florida Print Name: Serial Number: #150287-3 LEGAL DESCRIPTION: A portion of Tracts "Q" end "R" of AVENTURA SIXTH ADDITION according to the plat thereof as recorded in Plat Book 120 et page 20 of the Public Records of Dade County, Florida being more particularly described os follows: Commence at the southwest corner of Tract "R" of said AVENTURA SIXTH ADDITION; thence N81'11'29"E along the south line of said Tract 'R" for 294.54 feet to the southeast corner of said Tract "R", said corner lying on the westerly right-of-way line of West Country Club Drive; thence northerly and westerly along o 4656.66 foot radius~ curve teading to the right and whose radius point bears N81'11'$O"E, through a central angle of 01'40'06" for an arc distance of 135.60 feet, also being the said westerly right of way line, to the Point of Beginning of the hereinafter described eccess parcel; thence continue along the soid westerly right of way line of West Country Club Drive, along o 4656.66 foot radius curve leading to the right through o central angle of 01'08'25" for en arc dls[ence of 92.64 feet to e point on o clrculor cu~e concave to the northwes~ end whose redlus point beers N46'29'16"W; thence southerly end westerly olong o 45.00 foot rodlus cu~e leading to the right through ~ central angle 2'04'10' for on arc dlstence of 16.56 feet to e point of tongency; thence S65'34'54"W for 65.42 feet to e point of cu~eture; thence westerly along ~ 128.00 foot radius cu~e leading to the righ[ through ~ central engle of 44'26'58" for on arc distonce of 99.50 feet; thence S74'50'00'W for 124.75 feet; thence S15'50'00'E for 165.01 feet; thence N74'30'OO"E for 96.11 feet; thence N14'11'26"E for 35.26 fee~; thence N37'58"49"E for 23.64 feet; thence N65'55'15"E for 155.00 feet to the Point of Beginning. SURV~OR'S NOTES: - This site lies in Section 03, Township 52 South, R~nge 42 Eost, City of Aventura, Miomi-Dode County, Florida. - Miomi-Dede County, Florida wes formerly known es Dede County, Florida. - Bearings hereon ere referred [o on assumed value of N81'11'29"E for the south line of said Tract "R", s~id bearing is identical with the plat of record. - Lends shown hereon were not abstracted for easements end/or rights-of-way of records. - Lands shown hereon con~oining 35,¢¢6 square fee~, or 0.81~ acres, more or less, - This is not a "Survey" bu~ only o grophlc dep[cUon of ~he descrlpUon shown hereon. SURV~OR'S CERTIFICATION: I hereby cerUfy that this "Sketch of DescripUon' was made under my responsible charge on May 16, 1998, and meets the M[nlmum Technical S~andards as se~ forth by the Florida Board of Professional Su~eyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuan~ to Section ¢72.027, Florida S~otutes. "No~ valid without ~he signature and the original raised BY/~iel~ C. Fort~ For The Firm ........ [ Surveyor and Mapper, LS2853 State of Florida. A~CE~ ROAD ~ARCEL 'gra~ By PAN ( LEGAL DESCRIPTION 7 ~-~, 5/16/9~ Cad. ~o. 98048~ So~e 1"= 100' Rel. D.g.397D-052-1' FORTIN, LEAW, SKILES, INC. ~os. ~o. 9so4ss CONSULTING ENG~EERS, SUR~YORS ~D ~PERS D~g. NO. 1098A-022 EXHIBIT · ~ c~ 0 -~ ~ TRACT "Q" ~ oz c ~ > ca AVENTURA SIXTH ADDITION ~ ,,~ .~ o ~ ~ ~Om ~ ~ - ~ ~ o ~; ~ ~ $~ ~ ~ ~ ~ . P~ PLAT BOOK 120, PAGE m A VEIVTURA MALL RING ROAD / SPOKE ROAD INTERSEC, TION SIGNALIZATION PLAN DADE ¢OU~TF FLORIDA DADE ¢O[U~TIr SITE VI(7INITY MAP MAP Index of sheets Permits Revisions SIGNALIZATION GENERAL NOTE,_ NOTES: TABULATION OF QUANT11]ES INI~AL CONTROLLER ~MINGS DETECTORS FOR LOOPS POLE, STREET LIGHTING LUMINAIRE AND MAST ARM DATA 225' qC .................... a..~,~ AVEN'rUiXA MAI L biEIT/O ©AD~ ~ DADE COUI~.rTY DADE COUNTY LOCATI~ON ~AP Index of Sheets Permits Revisions GENERAL NOTES ~mley-Hom and Associates, Inc, T TABULATION OF U Q 'ANTITIES TYPICAL SECTIONS WEST COUNTRY CLUB DRIVE SPOKE ROAD PAVEMENT ~c.~T,Ok. AVE~YURA MALL PROP R~NG AV,~i'~TUAA ;V~ALL ~/mley*Hom a SPOKE ROAD RELOCATION SiDNNG AND MARKING PLAN SIGNALIZATION GENERAL NOTES AYENTU~A ~ALL l~mley-Horn~ndA.~odatos, l~ '~4~'$~'~o Iw. COUNTRY CLUB DR. / SPOKE RD ~ ................... t~ h,->--~ I ......... I I 5 NOTES: TABULATION OF QUANTITIES /N/PAL CONTROLLER TIMINGS MOVEMENTS {]~TERSECT{ON ~D ~ 5736 AVENTURA MALL ...................... SfGNAL!ZATION PLAN Kimley-Hom~d/k~s~iales, Ino. ~ w. COUNTRY CLUB DR. / SPOKE RD POLE, STREET LIGHTING LUMINAIRE AND MAST ARM DATA TYPICAL STEEL REINFORCING DABE COUNTY STANDARD MAST ARM POLE DETAIL SHEET CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission H-"~aarry M. Kilgor~, Finah(: ~u~P orr Services Director July 29, 1998 Resolution Retaining Rachlin Cohen & Holtz to Perform Independent Audit Services for the Fiscal Year Ended September 30, 1998 August 4, 1998 Commission Meeting Agenda item Recommendation It is recommended that the City Commission approve the resolution to retain the firm of Rachlin Cohen and Holtz for the independent audit of the City for the fiscal year ended September 30, 1998. Background In June through August 1996, the City followed the procedures contained in state law for the selection of a CPA firm to perform required independent yearly audits of the City's records and financial statements. The RFP provided for the firm to be retained for the fiscal year ended September 30, 1996 and up to four (4) subsequent fiscal years. Pursuant to state law, the City Commission selected the firm of Rachlin Cohen & Holtz (RCH) based on the selection process. RCH was retained to perform the audits for the fiscal years ended September 30, 1996 and 1997 for which they were paid $5,000 and $15,000 respectively. RCH has proposed to perform the audit for the 1997/98 fiscal year at a fee of $19,000 to $20,000. I believe that the fee proposed for the 1998 audit is fair to both the City and RCH based on the complexity of the audit, the number of funds, type of revenue sources, etc. The possibility of incurring additional fees because we would be required to have a Single Audit pursuant to the second to last paragraph of the engagement letter is remote. A Single Audit is only required for a fiscal year where you actually receive more than $300,000 in federal and state grants. Although we have several grant applications in progress, it is very unlikely that the total amount received during the fiscal year ended September 30, 1998 will exceed the $300,000 threshold. Page (2) Memo to City Commission Resolution Retaining Rachlin Cohen & Holtz RCH has performed the independent audit of the City for the past two years. As I have stated earlier, their approach and methodology is acceptable to me and meets recognized auditing standards. Based on the proposed fee and acceptability of their work, I recommend we retain them for the 1997/98 fiscal year audit. HMK/mn FSSl18-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN & HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT LETTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1996, the City of Aventura followed procedures contained in state law to select a firm to perform independent auditing services, and; WHEREAS, at the conclusion of that process the firm of Rachlin Cohen & Holtz was selected to perform independent auditing services for the City of Aventura and entered into an agreement to perform said services for the fiscal years ended September 30, 1996 and 1997, and; WHEREAS, Rachlin Cohen & Holtz has proposed to continue to provide said services for the fiscal year ended September 30, 1998, and; WHEREAS, City staff has reviewed the proposed engagement letter and associated fees and recommends approval of same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: The firm of Rachlin Cohen & Holtz be and the same is hereby retained to perform independent auditing services for the City of Aventura for the fiscal year ending September 30, 1998. Section 2: The City Manager of the City of Aventura, Florida, is hereby authorized to execute the Engagement Letter, attached hereto as Exhibit "A" for auditing services by and between the City and Rachlin Cohen & Holtz. Resolution No. 98-__ Page 2 Section 3: This resolution shall become effective immediately upon its adoption. 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 Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT "A" CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS Ma), 11, 1998 Mr. Eric Soroka, City Manager City of Aventura 2999 N.E. 191't Street Aventura, Florida 33180 RECEIVED MAY 2 8 199B OFFICE OF THE CI3'Y M&NAGER G. Jerry Chiocca, DiYector - Miami Dear Mr. Soroka: We are pleased to co]tfirm our understanding of the services we are to provide tle CitT of Aventura, Florida. We will audit the general purpose financial statements of the City' of Aventura, Florida as of and for the year euded September 30, 1998 The objective of our audit is the cxpression of an opinion as to whether the general purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. Our audit will be conducted in accordance with generally accepted auditing standards; the standards for financial audits contained in Govermnent Auditing Standards, issued by the Comptroller General of The United States and will include tests of the accounting records of the City of Aventura, Florida and other procedures we consider necessaO' to enable us to express an unqualified opinion that the general purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit, we may decline to express an opinion or may not issue a report as a result of this engagement. The management of the City of Aventura, Florida is responsible for establishing and maintaining intcrnal control. In fulfilling this responsibility, estimates and judgments by managelnent are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide nmnagement with reasonable, but not absolute, assurance that assets are salcguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general pnrpose financia! statements in accordance with generally accepted accounting principles. In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures the purpose of expressing our opinions on thc City's general purpose financial statements. We will obtain an understanding of the design of the relevant controls and whether they have bcen placed in operation, and we will assess control risk. Tests of controls may be performed to test thc effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance ~natters that have a direct and material effect on the general purpose financial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will bc less in scope than would be necessao' to render an opinion on thc internal control and, accordingly, no opinion will be expressed. HomePa<e: httET: ~xww. rchcpacom One Southeast Tl-,itd Avenae Fentn F!oor X, haa2i [ OFiL, ,11 ? Dado .,)pi ~,, 42_,', · Fax L,0?) ,,,-$,>l 700 Southea,,t Third Ax enue Third Floor Ft Lauderdale, Florida 1111t~ . Broward i9541 ~25-I04i/. Fax 19~4) a25-2004 Mr. Eric Soroka, City Manager May ll. 1998 Page 2 An audit is not designed to provide assurance on internal control or to identify all reportable conditions. However, we will inform you of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. Identi~/ing and ensuring that the CiD' of Aventura, Florida complies with laws, regulations, contracts, and grant agreements applicable to the City of Aventura, Florida is the responsibility of thc City's management. As part of obtaimng reasonable assurance about whether thc general purpose financial statements arc free of material tnisstatement, we will perform tests of the Ci¢"s compliance with applicable laws and regulations and the provisions of conlracts and grants. However, the objective of our audit will not be to provide an opinion on overall compliance with such provisions, and we will not express such an opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions We will request written representation from your attorneys as pa~ of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written reprcscntations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable assurance rather than absolute assurance about whether the financial statements am free of material misstatement, whether caused by error or fraud. Because of thc concept of reasonable assurance and because we will not perform a detailed exatnination of all transactions, them is a risk that material errors, fraud, or other illegal acts may exist and not be detected by us. However, we will inform you of any material errors and any fraud that come to our attention. Wc will also inform you of an3' other illegal acts that come to our a.,'tention: nnless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with the basic irfformation required for our audit and that you am responsible for the accuracy and completeness of that ilfformation. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will prepare all cash or other co~ffirmations we request and will locate any invoices selected by us for testing. Mr Eric Soroka, City Manager Ma5 11, 1998 Page 3 We understand the xvorkpapers for this engagement are the property of Rachlin Cohen & Holtz and constitute confidential information. However, we tnay be requested to make certain workpapers available to rcgulatory agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapcrs will be provided under the supervision of Rachlin Cohen & Holtz personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to regulatory agencies. The regulatory agency may intend, or decide, to distribute the photocopies of information contained herein to others, including other governmental agencies. Our fees for these services will be at our standard hourly rates plus out-of-pocket costs, if any. We estimate the fees op ~co o ..... Cji;' er to range between $19,(,,~,) ,,nd $_-J.0,,0. Tlus cos!tact is rcnewa:~Ic or.. a }early ;;~s~s ai thc , c **,~ Aventura. Our iuvoices for these services will be rendered as the work progresses and are payable on presentation. [i1 accordance with our firm's policies, should any invoices remain unpaid for more than thirty days, we reserve the right to defer providing any additional services until all outstanding invoices are paid. A late payment chargc of 1% per month will bc added to all unpaid balances ,alter thirty days. The above fcc is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur thc additional costs. If the City of Aventura, Florida is required to have a Single Audit performed in accordance with generally accepted anditing standards; the standards for financial audits contained in Government Auditing Standards, issued by thc Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133,/tudits' of'States, Local Governments, and Non-Profit Organizatio~?.~, during the period covered by this letter, we will prepare an addendum to this letter indicating thc additional services necessary to complete the engagement and the additional fees. We estimate the fees to perform a Single Audit to range from $4,000 to $5,000. We appreciate the opportunity to be of continued service to ~ou and look fotwvard to continuing our relationship with thc City of Aventura. If the foregoing is in accordance with your understanding, please sign thc enclosed copy of this letter in the space provided and return it to us. Sincerely, APPROVED: Signed: Title; Date: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, July 28, 1998 ~-~' Federal Empowerment ~ Resolution August 4, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution supporting Miami-Dade County's effort to obtain a Federal Empowerment Zone designation. BACKGROUND See attached memorandum previously distributed to the City Commission. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0614-98 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City July 28, 1998 Federal Empowerment Zone Reference is made to the attached letter from Miami-Dade County Mayor Penelas regarding the Federal Empowerment Zone and Enterprise Program. The program is intended to create economic opportunities and rebuild poverty stricken communities in America. Only 15 urban areas nationwide will be designated as Urban Empowerment Zones. The Mayor is requesting the cities of Miami-Dade County to pass a Resolution and financial commitments to demonstrate support for the County's application. At this time it is recommended that the City adopt the Resolution supporting the program and offer no financial commitment. If you have any questions, please feel free to contact me. EMS/aca Attachment CC; Brenda Kelley, Interim Community Development Director (w/ attachment) Teresa M. Smith, City Clerk (w/ attachment) Harry Kilgore, Director Finance Support Services (w/ attachment) CCO608-98 RESOLUTION NO. 98-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE UNITED STATES CONGRESS TO FUND ROUND II OF THE FEDERAL EMPOWERMENT ZONE AND ENTERPRISE COMMUNITIES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Miami-Dade County's future is linked to its place in the global economy and is posed to play a key role in international commerce in the 21~t century; and WHEREAS, all sectors of the community envision great possibilities for growth and the potential for Miami-Dade County to become a "showcase to the world"; and WHEREAS, Miami-Dade County has one of the highest poverty rates in the United States in that one out of every three children lives in poverty; and WHEREAS, in order to create a community in which all people have a chance to succeed and contribute, Miami-Dade County, municipalities and community partners have embarked on a plan to seek designation and funding under the Federal Empowerment Zone and Enterprise Communities Program Round II; and WHEREAS, this federal initiative program is critical to Miami-Dade County to create economic opportunity and rebuilding poverty stricken communities in Miami- Dade County; and WHEREAS, the pursuit of the Empowerment Zone involves unprecedented community participation and unified community support; and Resolution No. 98- Page 2 WHEREAS, Round II of the Empowerment Zone and Enterprise Communities Program, designed to include $100 million per zone over 10 years, is pending legislative authorization and funding in the United States Congress. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing recitals are true and correct. Section 2. This Commission urges the United States Congress to approve appropriations to fund Round II of the Federal Empowerment Zone and Enterprise Communities Program, and further urges the members of Florida's congressional delegation to undertake an active role in advancing such legislative authorization for the program. Section 3. The City Clerk is hereby directed to provide copies of this Resolution to all members of the Flodda delegation to the United States Congress. Section4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by moved its adoption. The motion was seconded by upon being put to a vote, the vote was as follows: and Resolution No. 98- Page 3 Commissioner Arthur Berger Commissioner Jay R Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Adhur I. Snyder PASSED AND ADOPTED this 4th day of August, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission _~, Eric M. Soroka, C~v~M~t7~ July30, 1998 t,_, ~ Disbursement of Police Forfeiture Funds August 4, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the following Motion to Expend Funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $52,000 to reimburse the General Fund for costs associated with the Street Crimes Unit and Federal Task Force from the Police Forfeiture Fund in accordance with the City Manager's memorandum". BACKGROUND As per the attached Staff Report, the Police Chief has requested approval to appropriate Police Forfeiture Funds to reimburse the General Fund for leased vehicles and overtime costs associated with the Street Crimes Unit and Federal Task Force. As of June 30, 1998, the Police Forfeiture Fund had a balance of $205,000. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0613-98 CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Tom Ribel, Chief of Police July 28, 1998 Use of Forfeiture Funds Florida State Statutes 932.704 and 932.7055 requires that money resulting from forfeitures be maintained in a special law enfomement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of $52,000. The reason for this request is to use Forfeiture Fund monies to reimburse the Police Department's General Fund operating accounts for those expenses incurred by the Department with the participation in a Federal Task Force and the leasing of undercover vehicles used by the Street Crimes Unit for plain clothes activities. Costs incurred by the following General Fund line items in the Police Department would be absorbed by the Police Forfeiture Fund: Account No. 001-2001-521-4420 - Lease of five vehicles for Street Crimes Unit and undercover operations - $32,000. Account No. 001-2001-521-1401 - Overtime costs associated with Federal Task Force undercover operations - $20,000. I certify that this requested expenditure complies with Florida State Statute 932.7055 in that: 1. Funds will be used for an appropriate law enforcement purpose. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. TR/aca TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission_ ;"/ Eric M. Soroka, City/,M/a'n~ er /L July 27, 1998 L, Building Moratorium Ordinance Relating to Building Heights Ist Reading August 4, 1998 City Commission Meeting Agenda Item 2nd Reading September 2, 1998 City Commission Meeting Agenda Item As per the City Commission's direction, attached please find an Ordinance which establishes a building moratorium on the issuance of development orders concerning any buildings proposed to be constructed to a height in excess of a certain number of stories designated by the City Commission and concerning any buildings which are proposed to be constructed in excess of a height which was previously authorized by a development order or in excess of a height which was permitted as of right under the existing land development regulations. The moratorium should be in effect until the City adopts its own land development regulations, which establishes height requirements. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0610-98 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Eric M. Soroka, Cit~a~a'~er Brenda Kelley, Interir~.~unity("' / \ Development Directo~.~ July 23, 1998 Building Heights Pursuant to your request for information regarding the height of the 40-story building at Mystic Pointe, the architects for the building have informed me that the height, at the roofline of the building is 350'. There is a mechanical room on top of the building for an overall height of 374'. Also, just for your information, the Development Criteria for Biscayne Village was approved to allow '50 Stories or 500 ff.' as a maximum height of building on Residential Parcel "K", (Lot K4) which is the Mystic Pointe property. Please feel free to contact me with any questions you may have. /rnemo/soroka 072398 building heights ZONING REGULATIONS FOR RESIDJ~NTI7%L PARCEL "K" Permitted Uses: Minimum Lot Area: Minimum Lot V¢idth: Minimum Lot Area per fam£Iy unit: Maximum Lot Coverage First 3 Stories: Above 3 Statics: Minimum Setbacks First 3 Stories Front: Side: Rear: Interior: Water: Above 3 Stories Front: Side: . Rear: Interior: Water: Minimum Distahca to a building with facing wincows Lot K1 Lot~ 1(2, K3, K4 Maximum Height of Buildings Lot K1 Lo[ K2 Lot K3 'Lo~' K4 Ma>:imum Floor Area Ratio Parking Requirements: RU-4A Piers and Slips, 17S,000 sq. ft. 200 ft. 325 sq. ft. tt0useboats 90% See below 25 ft. 20 .ft. 25 ft. 0 ft. 0 ft. 25 ft. 20 ft. 50 ft. - 50 ft. 0 ft. 100 ft. 200 ft. Max. Above 20% 1554 15%, 153& 30 StorieS or 300 ft. 36 Stories or 360 ft. 40 Stories or 400 ft. $0 Stories or 500 ft. 10 to 1 1 1/4 spaces per family unit Cov. 3 Stories ORDINANCE NO. 98- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING ANY BUILDINGS PROPOSED TO BE CONSTRUCTED TO A HEIGHT IN EXCESS OF A CERTAIN NUMBER OF STORIES DESIGNATED BY THE CITY COMMISSION (THE "SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS OF A HEIGHT WHICH WAS PERMITTED AS OF RIGHT UNDER EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IF NOT PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Section 8.03 of the Charter of the City of Aventura (the "City"), and City Code Section 34-92, there is presently in effect within the City the land development regulations of Miami-Dade County (the "County Regulations"); and WHEREAS, the City Commission is presently working through its consultants and staff on the preparation of a comprehensive set of Land Development Regulations for the City in accordance with Section 163.3202, Fla. Stat. (the "City Regulations") which, upon implementation, shall serve to control land use and development, so that the public health, welfare and safety is protected and the aesthetic and visual qualities of the City are further enhanced and are protected from impairment; and WHEREAS, a key component of the City's Regulations shall be provisions to control the height of buildings; and Ordinance No. 98-__ Page 2 WHEREAS, the City Commission desires to insure that during the pendency of the necessary implementation study activity, presently underway, for the formulation and of the City's Regulations, that additional development orders and development permits are not issued in the City for buildings in excess of a certain number of stories in height as designated by the City Commission (the "Specific Height Threshold"), or for buildings in excess of a height permitted as of right under existing County Regulations or in excess of a height previously authorized or approved by development order or permit, so that once the City Regulations are prepared and implemented such Regulations will be fully effective in accomplishing the City's purposes; and WHEREAS, in accordance with Section 34-1 of the City Code of the City, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Fla. Stat.; and WHEREAS, the City Commission has reviewed the moratorium regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of Miami-Dade County, as made applicable to the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Moratorium Imposed. During the time that this Ordinance is in effect as specified in Section 7 below, there shall be a moratorium upon the issuance of Ordinance No. 98-._ Page 3 Development Orders and Development Permits, as those terms are defined in Section 163.3164, Fla. Stat. (collectively "Development Orders"): 1. concerning development within the City of buildings of a height in excess of__ stories (the "Specific Height Threshold")~; and 2. concerning development of buildings within the City of a height which is in excess of a height previously authorized by Development Orders or which is in excess of a height which is permitted as of right under existing County Regulations, even if not proposed to be in excess of the Specific Height Threshold For purposes of this Ordinance, each story of a building consists of a height of ten (10) feet. Section 2. Waivers. The City Commission, after a public hearing, may grant a waiver to the moratorium provided above and authorize the issuance of Development Orders for a specific building, where the City Commission determines, based upon substantial competent evidence, that the specific use or activity requested by the waiver application will not detrimentally affect the preparation and implementation of the City Regulations, will be compatible with surrounding land uses, and will not impair the public health, safety or welfare. Section 3. Vested Ri,qhts. ~ / At first reading of this Ordinance it is envisioned that the City Commission shall make such designation of the number of stories constituting the Specific Height Threshold. 3 Ordinance No. 98-__ Page 4 (A) Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner can demonstrate each of the following: (1) A governmental act of development approval was obtained prior to the effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making substantial expenditures; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. (B) Any property owner claiming to have vested rights under this Section 3 must file an application with the City Commission for a vested rights determination within 90 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City and other documentary evidence supporting the claim. The City Commission shall hold a public hearing on the application pursuant to City Code Section 34-32 and City Code Section 34-91, and based upon the evidence submitted shall make a determination as to whether the property owner has established vested rights. Section 4. Appeals. Appeals from final decisions by the Commission under Section 2 or Section 3 of this Ordinance shall be by the filing of a Petition for Certiorari 4 Ordinance No. 98-__ Page 5 in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi- judicial rulings of municipal agencies. Section 5. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 6. Replacement of County Code Moratoria Provisions for Specific Matter, Pursuant to City Charter Section 8.03, this Ordinance shall replace the provisions of Section 33-319 et seq. of the Miami-Dade County Code concerning building and zoning moratoria, solely as related to the specific matter of this Ordinance pertaining to the height of buildings as described herein. Section 7. Term. The moratorium imposed by this Ordinance is temporary and shall be effective for a period of 180 days from adoption hereof, unless dissolved earlier by the City Commission. Further, the moratorium shall automatically dissolve upon the adoption of the City Regulations, the formulation and adoption of which shall be expeditiously pursued. The moratorium may be reasonably extended, if necessary. Section 8, Effective Date. adoption on second reading. The foregoing This Ordinance shall be effective immediately upon Ordinance was offered by who moved its adoption on first reading. Councilmember The motion was Ordinance No. 98- Page 6 seconded by Councilmember the vote was as follows: , and upon being put to a vote, Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice-Mayor Ken Cohen Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. 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 Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice-Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 4th day of August, 1998. PASSED AND ADOPTED on second reading this __ day of ,1998. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE IMHP Ihe Miami Herald PublishingCompany Before the undersigned authority personally appeared: HIRAM LOPEZ who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at ' Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: July 24th 1998 Page 4b Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class marl matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, . commission or refund for the purpose of securing - this advertisement for publication in the said newspapers(s). Sworn to and subsct:ibecJ before mq~th!s 6th DAY OF October , 1998 My Commission Expires: October 17, 2001 c.)l~e ] lerald Plaza, Miami, Florida 33132-1693 (305) 350-2111 CITY OF AVENTURA NOTICE OF ADOPTION OF BUILDING MORATORIUM CONCERNING HEIGHT OF BUILDINGS The City of Aventura prOposes to adopt the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE ~CITY") PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING ANY BUILDINGS PROPOSED.TQ BE CONSTRUCTED TO A HEIGHT IN EXCESS OF A CERTAIN NUMBER OF STORIES DESIGNATED BY THE CITY COMMISSION (THE "SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS OF A HEIGHT WHICH WAS PERMI'I-I'ED AS OF RIGHT UNDER EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IF NOT PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE DATE. A Public Hearing for first reading of the Ordinance will be on Tuesday, August 4, 1998, at 7 p.m. at the Aventura Medical Center, located at 21110 Biscayne Boulevard, Suite 101, Aventura, Florida. The proposed Ordinance may J be inspected bY the public at the Office of the City Clerk, 2999 N.E. 19~st Street, Suite 500 Aventura, Florida.~ Interested par[ies may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any I .p. erson wishing to address the City Commission on any I ~tem 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 ~rior to such proceedings. If a person decides to appeal any decision made by the ~'ity 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 this 24th day of July 1998. Teresa M. Smith, CMC City Clerk 19971 NE 3!Ya Place ,4ventura, Florida $3180 305-957-0408 Teresa M. Smith City Clerk City of Aventura Community Development Department 2999 NE 191st Street Suite 500 Aventura, FL 33180 RE: Mark Gordon 19951 NE 39'~ Place Dear Members of the Board: I am in receipt of your letter notifying Aventura residents of the variance being requested by Mr. Mark Gordon Although just notice of this meeting has been g/yen I respectfully request that the public hearing on this matter be postponed to a later date. Over 80% of the residents of Porto Vita are away during the smnmer months. Any meeting held while most of us are away would not be an adequate - representation of the surrounding community. In fa/mess to the applicant and members of the community we should all be able to view the site and then evaluate the effects ora privacy wall and gate. I would implore the Commtmity Development Department to schedule meeting for some time in a residents will return.October or November when most of Porto Vita L jk MIAMI DALLY BUSINESS REVIEW Published Da~ly except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/Ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dude County, Florida; that the attached copy of advertisement, bein a Le al Advertisement of Notice in the matter of c t?¢ oF AVENTU PUBLIC HEARING - 8/4/98 APPLICANT NAME: HIDDEN BAY ASSOCIATES APPLICATION NUMBER: 04-SV-98 XXXXX in the ................................................................................ Court, w ~. ~zu~ I is t~e~ i~n sa~l¢~gpaper i. the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dude County, Flodda, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any per or corporation any disco rebate commissl r the purpose of sec n this advertise on in the said news p 2 4 Sw~r~[~ ~ld subscribed before me ........ day of ............................................................ , A.D. 19 ...... SEAL) I Octelma v Ferbeyre perso~[E~y · ,rso~. ~'. m cou~ss~. EX.~= ! .,I CITY OF AVENTURA NOTICE OF PUBUC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, August 4. 1998 6:0q pm APPUCANT NAME: Hidden Bay Associates APPLICANT REQUEST: The applicant is requesting a sign van- arme to pe~rmt miscellaneous signage al the development known 'as 'Hidden Bay Condominiums'. APPLICATION NUMBER: 04-SV-98 LOCATION O~ SUBJECT PROPERTY: NE lg0 Street and Dum~oundling Bay LEGAL DESCRIPTION: Tracts L. M, Q, and R of. Marin~ Del Rey Revised. acco~ing !o the plat thereof, as recorded in Plat Book 144 at page 89 of the Public Records of Dede County, Florida. SIZE OF SUBJECT PROPERTY: Approximataly 24 acres Plans are on lile an= may be examined during regumr bus,ness nours m the City of Aventura, Community Development DeDartment. 2999 NE 191 Street, Suite 500. Aventura, Florida. 33180. Plans may De modified at or before the Public Hearing, The application may c~ange during the headng 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 heanng o[ filed in writing 3rlO~,t0 t~e ~eaflng date. Refer to applicant/property on correspono- ence and maiJ same to City of Aventura, Community Development For fu~her in~rmation, please call (305) 466-8940. In a~.cord~nce with the Americans with Disabilities Act of 19g0, all person~s wh(~ are disabled and who need special accommodations to participate i~.t.h, is proceeding because of that disability should contact the Office of ,he City Clerk. 466-8901, not later than two business days erior to such proceedings. f a pers(~)q decdes to appeal any cecision made by the Cffy Commission With respect to any matter considered at a meet ng or hearing, thaI person wil need a reco~d of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes lhe testimony and evidence upbn which the appeal is to be based. Teresa M. Smith, CMC, City Clerk MIAMI DALLY BUSINESS REVIEW Publisi~ed Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida, STATE OF FLORIDA COUNTY OF DADE: Sefore the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, PUBLIC HEARING - 8/4/98 APPLICANT NAME: TURNBERRY ASSOCIATES APPLICATION NUMBER: 10-SP-98 AND 05-VAR-98 XXXXX in the .............................................................................. Court, w Ii e irt ' ' paper in the issues of Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida~ each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matterat the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou rebate commissi for the purpose ~fe secur'~g this advertise tion in the said 2 4 Sw~l~pd subscribed before me ........ day of ............................................................ , A.D. 19 ...... CITY O1: AVENTURA NOTICE OF PUBLI~ HEARING DATE AND TIME OF PUBLIC HEARING: APPLICANT NAME: APPLICANT REQUEST: August 4, 1998 6:00 p.m. Turnbel/y Associates The applicant ~s requesting Site approval in conjunction with a nor se variance of setback requirements as =romptea Dy the Florida Department of Transportation (PDOT) taking of a pon on of the subjecl property. The non4 se vadance request is to reduce the w ~st property line setback by leas than one [1) Ioof in width APPMCATION NUMBER:. 10-SP-98 and 05-VAR-98 LOCATION OF SUBJECT PROPERTY: 19495 Biscayne Boulevard [a.K.a. Turnber~ Place). LEGAL DESCRIPTION: Tract Q, Aventura 6th Addition, Plat E OK 120. Page 20 of the Public Record of Dede County, Flodda. Plans are on file and may De examined during regular husia hours in the City of Aventura Community Develocment Departrm df, 2999 NE 191 Street. Suite 500. Aventura. Florida 33180. Plans ay De modified at or before the Public Hearing. The application ay cnange dun~g.tbe heanng process. The Public H~a~ng ~e held at A~ntura Medical Arts Bull.d? 21110 BiScayne Boulevard, Suite 101, Aventura Ffoeda. 33180. Y( ur be made in person at the hearing or filed in writi ~g_ comments peor to tnemaYheafk~g date. Refer to applicant/property on correspo~,~- ence and mal~ same to City 0~ Aventura, Community Devalopr~ nt Departm&nt. 299~ NE 191 Street, Suite 500, Aventura, Florida 3311 For further infon'nation, plesae catl (305) 466-8940. In accerdance with the Americans with Disabilities Act of 1990 ~11 cersons WhO are disable~l and who need special accommodation to padtcipato in tms proceeding because of that disability should cent tct the Office of the City Clerk, 4668901, not later than two business d~ ys ;)riot to SUCh ~roceedings. If a person decides to appeal any decision made by the { ity CommisSion with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such osa may need to ensure that a verbatim re.,cord of he nd ~--eedP~ is made~ which recor~ includes the testimony evldenC~ upon which the appe~ ia to ~e based. Teresa M. Smith, CMC, City Ch 7/24 ~ 98-3-0724 BM MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Le§al Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF bADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Dai~y Business Review f/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, bain a Le al Advertisement of Notice in the matter of C :T¢ OF AWNTU PUBLIC HEARING - 8/4/98 APPLICANT NAME: TURNBERRY ASSOCIATES APPLICATION NUMBER: 05-UU-98 XXXXX Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, FIohda, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any disco t rebate commissio o d for the purpose of secu ' g this advertise ation in the said news p 2 4 Sw~tl~,~nd subscribed before me tl~ ........ day of ............................................................ , A.D. 19 .... ~-' ""'~"~'"~-'"" ~"~'/0~'' ~'HE'~ vt'''"H''M A R M E R Octelma V Ferbeyre persln'~ k'Cl~n ~,z'gn;Wly COMMISSION EXPIRES ' I , , ooo CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, August 4. 1998 6:00 APPLICANT NAME: Tumben'~ Associates APPLICANT REQUEST: The, aR01icant is requesting Unusual approval to permit outdoor ~tio end N IoCatec~ atthe Aventura Mall. APPUCATIOI UMBER: QS-UU~IS' LOCATION O SUBJECT PF~OPERTY: 19501 ~Bianayne Bouleva~ (e.k.a. LEGAL Tract Q, Aventura 6th Addition. Plat 120, Page ~;0 of the Public Rec~ Dada County, Roi. ida. Plans are ~ n tile and may be examined dudng regular bu= hours in the ~ lity of Aventura~ Community Development Doper 2999 NE 191 Street, Suite ~00, AVentura, Flodda, 33180. Plans be modified ~t or before the Pu~blic Hear;ng. ~ al~plicatied change dudn[ the headng process, The Public -leadng will be held=at Aventura Medical Arts Bu 21110 Biscay ~e Boulevard, Suite t01. Aventura, Florida, 33180 comments m; y be mede in person at the headng or filed in s pr~or to the h ~aring date. Refer once and m~ same to City Community Deper{ment, ~ )9 NE 191 Street, Suite 500, AVentura, Florida FOr urther inf nation, please ceil (305) 466-8940. In accordance with the Americahs with Disabilities AC~ of 19 ~ersons who ~re' disabled ~nd who need special a, rticipete in this proceeding bece~use c the Office of th~ City Clark, 466-8901, not tater tha prier to such proceedings. If a person decides to appeal any decision made by Commission wilh respect to any matter considered at hearing, that person will need a record of the proceedings spch purpose, may need to ensure that a verbatim record proceedings is made, which record includes the e?dence upon wh ch he appea is to be based. Teresa M. Smith, CMO, City ( ants ook ass ant. nay nay 'our 180. , all to or the and MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DAOE: Before the undersigned authority personally appeared Octelma W Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k~a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, bain a Legal Advertisement of Notice in the matter of C~TY OF AVENTURA PUBLIC HEARING - 8/4/98 APPLICANT NAME: ROBERT LANSBURGH APPLICATION NUMBER: 08-SV-98 XXXXX Cou~ in the ............................................................................... , w~]f;l~u~lisJ~e~ i~n ss~d~l~paper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Flodda, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matterat the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commi ' nd for the purpose of secu ' g this advertis ication in the said news p 2 4 sw~r~ ~)~.n d subscribed before me ........ day of ............................................................ , A.D. 19 ...... .............. ~'~ .............. I ¥ p OF¢IC1AL NOTARY S~AL (SEAL) I ~.~.9. D~. CHERYL H MARMER Octelma V. Ferbeyre p e r s o~ly~..~.~o~e. C C5453E4-I · - ~.-.~.~. ~ .~ .~ ~.Oe4MISSIONEXPIR~bI (~ITY OF AVENTURA NOTICE OF PUBLIC: HEARINC: DATE AND TIME OF PUBLIC HEARING: Tuesday, AugUst 4. 1998 6:00 om &PPLICANT NAME: Robed Lansbu~n ~PPLICANT REQUEST: The applicant is requesting the following: 1. Modification to a previously approved Reselution; 2. Sign VarieQce to permit one Wall Sign of 115 sqqare feet which exceeds the previously approved size of 90 square feet; ~ r ~ 3. Siga Vert~e topen~it one Monument =~grSi n. This item vras deferr~l~_l!~n~'reetitlg of July 7 1998 APPLICATION NUMBER: 08-SV-98 LOCATION OF SUBJECT PROPERTY: 2940 NE 188 Street LEGAL DESCRIPTION: An unplattad parcel ~)f lend in the Southwest ¼ of Section 3. Townshio 52 South. Range 42 East [Lengthy Legal - You may contact the Community Develop- ment Depadrftent for the complete legal oescription). SIZE OF SUBJECT PROPERTY: Approximately 1.2 acres Plans are on file and may be examined during regumr business hours in the City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modffed a or be~r~ the~Publo~Headng ~-/be .a~p~ati0n may,. change during the heaHn~'p~s .... . The Pubhc Heenng ~Fil! be held et Aventura Medical Ads Buitd~ng, 21110 Biscayne Boulevard~ Suite 101~ AVeR~ra,~F~orid~. 33180. You~ comments may be mede in person at the hearing or flied in writing prior to the pa~ring date. Refer to applicant/propady on correspond- ence and mail same to C~ty of Aventura, Community Development Dopadment, 2999 NE 191 Street, Suite 6~0, Aventura, Florida 33180. For fudher information,,please cell (305) 466-8940. In accordance with the Americans with Disabitities &ct of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disebitity should contact the Ofl ce ol the City C!erk, 466-8901, not 1afar 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 meebng or ~eadng, that onrson wilt need e record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings i~ mede. which record includes the testimony and evidence upon which the appeal is to be t)ased. ~ Teresa M. Smith. CMC.-City Clerk 7/24 98-3~)72474M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Scokle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/Ida Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dede County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA PUBLIC HEARING - 8/4/98 APPLICANT NAME: COSCAN WATERWAYS, APPLICATION NUMBER: 04-SV-97 INC. XXXXX in the ......................................... Court, w bll In a I paper in the Issues of Affiant further says that the said Miami Dally Eusiness Review Is a newspaper published at Miami In said Dede County, Florida, and that the said newspaper has heretofore been continuously published in aald Dede County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post ot6c® In Miami In said Dada County, Florida, for a pedod of one year next preceding the first publication of the attached copy o verttsamant; and affiant further says that she has nelt d nor p~omlsed any person, firm or coq)oration any unt, rebate, commission or refund for the purpose of ng this advertisement for publication In the said ne per, of ................ D, 19 ...... ~RY SEAL Sookle W~lllams personally I~ cc*~o4 21110 Biscayne Boulevard. Suite 101, Aventura, Florida, 331 comments may De maas in person at the hearing or filed prior to the hearing date.- Refer to applicant/properly on co~ ence and mail same to City of Aventura, Community Dev Department, 2999 NE 19t Street, Suite 500, Aventura, Flori¢ For further information, please call (305) 466-8940. In accordahce with the Americans with Disabilities Act of persons who are disabled and who need special accommoc participate in this proceeding because df that disability shoul the Office of the City Clerk, 466-8901, not later than two busir pnor to such proceedings. If a person decides to appeal any decision made by Commission with respect to any matter considered at a rn hearing, that person will need a record of the proceedings such purpose, may need to ensure that a verbatim race proceedings is made, which record includes the testirr evidence upton which the appeal is to be based. ' .... Teresa M. Smith, CMC, Ci 7/24 98-3- · 3. Your 'sopond- ~lopment ~ 33180. 1990, ations to ass days the City }eting or and, for of the ny and Clerk 72473M CITY O!= AV'="TU~A NOTICE OF iIIUlILICHEAIIINO. DATE AND TIME OF PUBLIC HEARING: Tuesday, August 4~ 1998 6:00 pm APPLICANT NAME: Coscan Waterways, Inc. APPLICANT REQUEST: The applicant is requesting a Sign Variance to permit a building identification sign at each of the five (5) high rise buildings within the development known as 'The Point at the Waterways'. APPMCATION NUMBER: 04-SV-97 LOCATION OF SUBJECT PROPEIT/TY: East of Yacht Club Drive between theor- etical NE 210 Street and th~oraticsi NE 214 Sh'eet. LEGAL DESCRIPTION: A porti01~ of Tract 'Q', 'The Wa~rways - Section 5', according to the Plal thereof es recorded in Plat Book 126, P~ge 59 of the Public Records of De, de Copnty, Fie- dda, and a portion of Tract 'R~I', 'The Wate~vays - Section 5 First Addition', according to the Plat thereof as recorded in Plat Book 139, Page 10 of the Public Records of Dede County. Fledde. Plans are on file and may ee examined dudng regular business hours in the City of Aventura Community Development Del~)ariment. 2999 NE 191 Streel Suite 500. Aventura, Florida, 33180. P~ns may be modified a or beers the Pubhc Heanng The applcaton may The Public Headng will be held au Aventura Medical Arts Bu;Iding, MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle wffaams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Bualnesa Review f/ida Miami Review, a dally (except Saturday, Sunday and Legal Holidays} newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, bstng a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING - 8/4/98 APPLICANT NAME: COSCAN FLORIDA, APPLICATION NUMBER: 02-SE-97 INC. the .......... ~.X.~¥ ...................... Court, bll In s I egager in the Issues of Affiant further says that the said Miami Dally Business Review Is a newspaper published at Miami in said Dado County, Florida, and that the said newspaper has heretofore been continuously published in said Dada county, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the pest office Miami In said Dede County, Florida, for a period of one yea n xt preceding the first publication of the attached copy ~ Isement; and affiant further says that she has nstt r I ,aid nor promised any person, firm or corporation any Isc )u , rebate, commission or refund for the purpose ~~~of u~ this advertisement for pub9 atlon,/~ln the said (SEAL) ~ .¥ p O~FlClAL NOTARY SEAL Sookle Williams personally kno~ ~. 0~. JANETT LLEREHA . ~)~(F'O c~m~o~ .uua~ <~OF f~,O JUNE 23,2000_J CITY OF AVENtuRA . PUBLIC HEARING: APPLICANT NAME: APPLfCANT REQUEST: APPLICATION NUMBER: LOCATION OF SUBJECT PROPERTY: LEGAL DESCRIPTION: The applicant is requesting Spe~ caption approval to Allow various miss signs for the de~/elopment 'The Point at the Waterways'. 02-SE-97 East of Yacht Club Driv~ betwe~ etical NE 210 Street and theor~ 214 Street. / A portion .of Tract 'Q',~he Wet Section 5, according to the Pla as recorded in Plat Baal< ~126, Pa the ~ublic Records of Dada Cou nde, and a pertion of T~'act "RF Waterways - Section 5 First A~ according to the Plat thereof as ~ in Plat Book 139, Page 10 of th~ Records of Dada County, Flodda. Plans are on file and may be examined during regular hours in the City of Aventura, Community Development Dep~ 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. De modified at or before the Public Headng. The appticati~ change during the headng process. The Public Hearing will be he~d at Aventura Medical Arts 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 331 comments may be made in person at tbs hearing or filed ir prior to the headng date. Refer to applicant/props correspondence and mail same to City of Aventura. Der Development Department, 2999 NE 191 Street, Suite 500, A' Florida 33180. For further information, please call (305) 466-89~ iai Ex- off-pre- thereof ~ 59 of; fy, FIo- COrded Public rtment may may ), Your wrmng 'cy on ~munity Teresa M. Smith. CMC. City Clerk 7/24 98-3~072472M [fa person decides to appeal any ~ecimon made by the City Commission with respect to any matter considered at a meetmg or hearing, that person will need a record of the proceedings and, such purpose, may need to ensure that a verbatim recore of the proceedings is 'TnaGe which record includes the testimony ana evidence upon which the appeal is to be based. m accordance with the Americans with Disabilities Act o' )SO. all Demons 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 onor to such prcceedings. MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelrna V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, bain a Legal Advertisement of Notice in the matter of C~TY OF AVENTURA PUBLIC HEARING - 8/4/98 APPLICANT NAME: DREW WOLF APPLICATION NUMBER: 03-MA-97B XXXXX in the ................................................................................ Court, w lis in S" paper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dada County, F[orida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication oi the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou rebate, commission for the purpose of secur' g this advertiseme ion in the said newsp e 2 4 Sw~tt~ ~d subscribed before me tt~8 ........ day of ............................................................ , A.D. 19 ...... /' ! ~¥ p OFfalCIAL NOTARY SEAL (SEAL) I ~< C'~d CHERYL H MARMER Octelma v. Ferbeyre f~o.~)~/~'~ to n~?~asstON N -~.8ER CITY OF DATE AND I~IM~- - 0F PUBMC NEARING: &PPLICANT NAME: APPLICANT REQUE~q': HEARING' 1998 Drew Wolf The applicant is requesting the following: 1. Release of previously approved Reso- lution No. Z~9-8g: 2. Variance from Chapter 33 of the Miami-Dada County Cede requiring a minimum side street setback of fifteen (15) feet. (Provision of zero (0) foot aide street setback is proposed): and 3. Vadance from Chapter 33 of the Misrni-Dade County Code requiring a mmimum frost yarc setback of twenty (20) feet. (Provision of zero (0) foot front setback is proposed}. This item was deferred from the public headng meeting of July 7 1998. APPLICATION NUMBER: 03-MA-97B LOCATION OF SUBJECT PROPERTY: LEGAL DESCRIPTION: SIZE OF BUBJECT PROPERTY: 17866-17870 Biscayne Bouleva~ Lota 9 and 10 ~ess therefrom the east 33.75 feet. of "Maule Federal Highway ndustdal Sites' al Plat Book 46. at Page 55. of the Public Records of Miami-Dada County, Florida. Apprommstely 0.32 acres (13,872 SF) Plans are on file aha may De examined dudn9 regular business hours in the City of Aventura Community Develoement Department, 2999 NE 191 Street. Suite 500, Aventura. Flodda. 33180. Plans may De modified at or before the Public Hearing. The application may cnange during the headng process. The Public Headng will he 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 poor tO the ~earing date. Refer to applicant/propeKy on correspond- enc~ and m~Jl same to City of Aventura, Commun~ Develoomant Deoartmentl 2999 NE ~91 Street. ~uite 500 'Aventura. Fl0rida 33180. For further information,~eese call (305) 466,8940. n accordance with the Americans with Disabilities Act of 1990 all demons WhO are disabled am3 who need special accommoclat~ons [o pan~c~pat~ in this proceeomg because of that disability should centare the Office of the City Clerk. 466-8901, not later than two business oays [:rior to such proceedings, "a person decides ~o appeal any decision made Dy the City Commission with respect to any matter considered at a meeting or hearing, mat person will need a record of the ~rcceedings and, for such purpose, may need to enaure that a verbatim record of the proceedtngs is made. which reoord includes me testimony an(3 evidence upon which the appeal is to be based. Teresa M. Smith. CMC, City Cterk 7~24 98-3-072478M MIAMI DALLY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA CODNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Susiness Review f/k/a I~iami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, F~orida; that the attached copy of advertisement, bein a Legal Advertisement of Notice in the matter of C~TY OF AVENTURA PUBLIC HEARING - 8/4/98 APPLICANT NAME: MARK GORDON APPLICATION NUMBER: 06-VAR-98 XXXXX in the ............................................................................... Court, w~l~.l~lisl~ ii s~c~w~pe per in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said bede County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discoun rebate, commission or d for the purpose of securi this advertiseme lion in the said newsp er. 2 4 Sw~'~t~ ~d subscribed before me tl~8 ........ day of ............................................................ , A.D. 19 ...... ...... ~'"";;~"~'~""1'~' J~¥ ~F2'"' ' OFf. AL NOT^.V S~A~ ...... .... I o~- ?¢~ cNE~c H ~A~M~n ! CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIMErOF PUBLIC HEARING: Tuesday, August 4 1998 6:00 em APPLICANT NAME: Mark Gordon APPLICANT REQUEST: The applicant is requesting a varmnce to. erect a pdvacy wall and gate at a single- family home incated at 19951 NE 39 Place which height exceeds that allowed I~y code. 06-VAR-98 19951 NE 39 Place Lot 1. Block 1 of the plat 'Aventura Thir- teenth Addition' according to the plat thereof as recorded in Plat Book 146 at Page 53 of the Public Records of Dada County, Florida. Plans are on file and may be examined during regular business hours in the City of Aventura. Community Development Department. 2999 NE 191 Street. Suite 500. Aventura, Flodda. 33180. Plans may ~e modified at or before the Public Hearing. The application may change during the beadng process. The Public Headng will be held at Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your comments may be rqade in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/preberty on correspond- ence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida 33180. For further information, please.call (305} 466-8940. in aC~o~a~ wit~f the 'Americans with Oisabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proqeeding 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 ~ecord of the proceedings is made which record includes the testimony and evidence upo~ which the appeal is to b~ based. Teresa M. Smith, CMC, City Clerk 7/24 98-3-0724~7M , APPUCATION NUMBER: LOCATION OF SUBJECT PROPERTY: LEGAL DESCRIPTION: