11-17-1998 CC Meeting AgendaCity of Aventura
City Commission
Arthur L Snyder, Mayor
Harry Holzberg, Vice Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Jeffrey M. Periow
Patricia Rogers-Libert
City Manager
Eric M. Soroka
City Clerk
Teresa M. Smith, CMC
City Attorney
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
Commission Meeting
November 17, 1998 - 6:00 P.M.
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
ConUmssion's agenda are quasi-judicial in nature. If you wish to object or comment upon these
items, please indicate the item number you would like to address when the announcement regarding
the quasi-judicial item is made. You must be sworn before addressing the Commission, and if you
wish to address the Commission, you may be subject to cross-examination. If you refuse to submit
to cross-examination, the Commission will not consider what you have said in its final
deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR A
SELF-SERVICE STORAGE FACILITY IN A BU-2, SPECIAL BUSINESS
DISTRICT AS REQUIRED PURSUANT TO SECTION 3:5-247(38) OF
THE MIAMI-DADE COUNTY CODE; GRANTING A VARIANCE
FROM CHAPTER :53 OF THE MIAMI-DADE COUNTY CODE TO
ALLOW A FLOOR AREA RATIO OF 1.66, WHERE A MAXIMUM
FLOOR AREA RATIO (FAR) OF 0.84 IS ALLOWED; GRANTING A
November 17, 1998 Commission Meeting
Bo
De
ge
VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY
CODE REQUIRING A DECORATIVE MASONRY WALL AT LEAST
FIVE (5) FEET IN HEIGHT ERECTED ON THE BUSINESS LOT OF
THE COMMON PROPERTY LINE ADJACENT TO RESIDENTIAL
PROPERTY WHERE A PROVISION OF CHAINLINK FENCE IS
PROPOSED ON THE REAR PROPERTY LINE; GRANTING SPECIAL
EXCEPTION APPROVAL FROM CHAPTER 33 OF THE DADE
COUNTY CODE REQUIRING THAT RESIDENTIAL USES ARE
SUBJECT TO PUBLIC HEARING APPROVAL IN A BU-2, SPECIAL
BUSINESS DISTRICT WHERE A PROVISION OF A MANAGER'S
APARTMENT ON SITE IS PROPOSED; DENYING A VARIANCE
FROM SIGN ORDINANCE NO. 97-17 PERMITTING WALL SIGNS
ONLY ON BUILDINGS WHERE THE MAJORITY OF THE FLOOR
AREA IS IN RETAH~ USE WHERE A PROVISION OF TWO (2) WALL
SIGNS IS PROPOSED FOR A NON-RETAH, USE FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF UNIMPROVED
MIAMI-GARDENS DRIVE EXTENSION AND JACK SMITH
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A NON-USE VARIANCE OF
SETBACK REQUIREMENTS TO PERMIT A DUMPSTER ENCLOSURE
TO BE SETBACK FIVE (5) FEET WHERE A TWENTY-FIVE (25) FOOT
SETBACK IS REQUIRED AT SUMMIT APARTMENTS, LOCATED AT
3100 NE 190 STREET; PROVIDING 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 A COURTYARD RESTAURANT, CHINA GRILL CAFI~, AT
AVENTURA MALL, LOCATED AT 19501 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING MODIFICATION TO A
PREVIOUSLY APPROVED MULTI-TENANT CENTER CRITERIA TO
PERMIT TWO (2) WALL SIGNS LARGER THAN PREVIOUSLY
APPROVED FOR COURTYARD MARRIOTT LOCATED AT 2825 NE 191
STREET; PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A MODIFICATION OF
RESOLUTION NO. 644 ONLY AS THIS APPROVAL RELEASES THE
pREVIOUS APPROVAL PERMITTING A CONCRETE BLOCK AND
November 17, 1998 Commission Meeting
READY MIX CEMENT PLANT; GRANTING UNUSUAL USE
APPROVAL PURSUANT TO SECTION 33-13 OF THE MIAMI-DADE
COUNTY CODE TO ALLOW OUTDOOR PATIO AND TABLE SERVICE
IN CONNECTION WITH A RESTUARANT; GRANTING PUBLIC
HEARING APPROVAL PURSUANT TO SECTION 33-58 OF THE
MIAMI-DADE COUNTY CODE TO ALLOW A BUILDING WHICH
HEIGHT EXCEEDS THE WIDTH OF THE WIDEST STREET UPON
WHICH SUCH BUILDING ABUTS; GRANTING A VARIANCE FROM
CHAPTER 33 OF THE MIAMI~DADE COUNTY CODE WHICH
REQUIRES 796 PARKING SPACES WHERE A PROVISION OF 785
PARKING SPACES IS PROPOSED; GRANTING A VARIANCE FROM
CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH
REQUlRES A SIDE STREET (SOUTH) SETBACK OF THIRTY-TWO (32)
FEET WHERE A PROVISION OF FIFTEEN (15) FEET IS PROPOSED;
GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY CODE WHICH REQUIRES A FRONT (WEST) SETBACK OF
TWENTY (20) FEET WHERE A PROVISION OF SEVENTEEN (17) FEET
IS PROPOSED; APPROVING A VARIANCE FROM CHAPTER 33 OF
THE MIAMI-DADE COUNTY CODE WHICH REQUIRES 54,985
SQUARE FEET OF LANDSCAPING WHERE A PROVISION OF 27,128
SQUARE FEET OF LANDSCAPING IS PROPOSED FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF NE 29 AVENUE AND
NE 188 STREET; PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT
AN EXTERIOR ACCESS WALL SIGN FOR CHEESECAKE FACTORY,
INC., AT AVENTURA MALL, LOCATED AT 19501 BISCAYNE
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES:
Commission Budget Meeting
Commission Meeting
Commission Workshop
Commission Workshop
Commission Meeting
October 6, 1998
October 6, 1998
October 19, 1998
October 29, 1998
November 9, 1998
$. AGENDA: Request for Deletions/Emergency Additions
8. SPECIAL pRESENTATIONS: None
November 17, 1998 Commission Meeting
?. CONSENT AGENDA:
Ao
A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REIMBURSEMENT AGREEMENT FOR
LEHMAN CAUSEWAY SAFETY IMPROVEMENTS BY AND BETWEEN
THE CITY OF AVENTURA AND STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement with FDOT for safety curb and
gutter improvements along Lehman Causeway.)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE
NEIGHBORHOOD PARKS CHALLENGE GRANT APPLICATION AS
DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY OF AVENTURA
AND MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT OF
ONE MILLION TWENTY SEVEN THOUSAND ONE HUNDRED
DOLLARS ($1,027,100) FROM THE MIAMI-DADE COUNTY SAFE
NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Approves Safe Neighborhoods Parks Bond Program Challenge Grant in the
mount of $1,027,100 for acquisition of property known as the Huber Tract)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND
ZONING", AMENDING ARTICLE IV "ZONING" AT DIVISION I
"GENERAIJJY" TO CREATE SECTION 34-95 "RESTRICTION UPON
VARIANCE AND OTHER DEVELOPMENT APPLICATIONS"; TO
PROHIBIT ACTION UPON APPLICATIONS PRIOR TO ABATEMENT OF
VIOLATION; REQUIRING REMOVAL BOND UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR SEVERABlLITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE
(Provides restrictions relating to variances to prohibit action prior to the abatement of a
violation)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 97-167-A
FOR PROFESSIONAL LANDSCAPE ARCHITECT SERVICES FOR N.E.
4
November 17, 1998 Commission Meeting
190TM LANDSCAPING AND STREET LIGHTING BY AND BETWEEN
THE CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A.
FOR THE AMOUNT OF $46,:380; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization for landscape and
streetllighting design of NE 190th St.)
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
207TH STREET AND YACHT CLUB DRIVE IN THE CITY OF
AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION;
AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR
EFFECTIVE DATE.
(Accepts dedication of Yacht Club Drive, eastern portion of NE 207th Street and
park parcel from Coscan Florida, Inc.)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-11-2-2, N.E. 207 STREET IMPROVMENTS, TO VILA &
SON LANDSCAPING, INC., AT THE BID PRICE OF $1,076,924.86;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for landscaping, irrigation and decorative streetlighting in the medians
and swales of NE 207th St. from Biscayne Blvd. to the guardhouse of One Island
Way)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-10-26-2, MUNICIPAL TRANSIT SERVICE, TO RED
TOP TRANSPORTATION INC., AT THE BID PRICE OF $224,500 PER
YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT
THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for municipal transit services to low bidder, Red Top Transportation,
Inc. for the annual price of $224,500)
November 17, 1998 Commission Meeting
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $52,920
FOR SPECIAL DETAIL OFFICER, DIGITAL CAMERAS AND RADIO
EARPlECES FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM
DATED NOVEMBER 10, 1998
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR
BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
(Amends F/Y 1998-99 budget to reappropriate capital projects from the previous
fiscal year from the General Fund, Stormwater Utility Fund and Police Capital
Outlay Impact Fee Fund)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR BID NO. 98-4-24-2, WILLIAMS
ISLAND BOULEVARD IMPROVEMENTS, BY AND BETWEEN THE
CITY AND M. VILA & ASSOCIATES, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Approves Change Order for Williams Island Boulevard Improvement Project
required due to utility conflicts necessitating redesign of drainage installation)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LOCAL GOVERNMENT
COMPRE~HENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Agreement with State of Florida DCA for
$40,000 grant to assist in preparation of Comprehensive Plan)
PUBLIC HEARING: ORDINANCES - FIRST READING: None
November 17, 1998 Commission Meeting
PUBLIC HEARINGS: ORDINANCES - SECOND HEADING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; EXTENDING
THE DURATION OF THE EXISTING BUILDING MORATO~UM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN ~ MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22, AND AS
AMENDED PURSUANT TO ORDINANCE NO. 98-08, OF TIlE CITY OF
AVENTURA; BY AMENDING SECTION 8 "TERM" OF ORDINANCE NO.
97-22, AS AMENDED, TO PROVIDE FOR A FURTHER EXTENSION OF
THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
10. RESOLUTIONS: None
'l 1. OTHER BUSINESS: None
~ 2. REPORTS
PUBLIC COMMENTS
ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COMMISSION MEETING
DECEMBER 15, 1998
6P.M.
*Government Center 2999 NE 191st Street Suite 500
This meeting is op~a~ to the public. In accordance with the Americans with Dasabthhes Act of 1990, all perseus who are disabled and who need specaal
aec~mnodatic~s to participate in this meeting because of that disability should contact the Office of the CRy Clerk, 466-8901, not later than two days
print to suda procee&n~
Anyone wishing to appeal any decision made by the Aventura City Commission with re~pect to any malta* considered at suda meeting or hearing will
need a record of the proc~dings and, for such purpose, may need to ensure that a verbatim record of the proceeding~ is made, whish record includes
the testhnony and evidence upon whiOa the appeal is to be based.
Agenda items may be vie~ved at the Office of the City Clerk, City of Aventura Govemm~t Center, 2999 NE 191~ Street, Suite 500, A¥~atura,
Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Cle~k at 466-8901.
7
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, C~_M~,~
Brenda Kelley, Comr~u~
November 12, 1998
ivelopment
Directo~.
Request of United Stor-AII Centers, Inc. for Site Plan approval, special
exception approval and associated non-use variances to construct a Self-
service storage facility. (01-SP-98)
November 17, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1) approve the Site Plan for the property; and
2) approve the non-use variance request for a floor area ratio (F.A.R.) greater than
that allowed by Code; and
3) approve the non-use variance request to waive the required decorative masonry
wall along the rear property line; and
4) approve the special exception to permit a manager's apartment on the premises;
and
5) deny the request for sign variance to allow two (2) wall signs. However, staff would
recommend that one (1) wall sign be allowed, stating the business name, in lieu of
the allowed monument sign. Such wall sign shall not exceed 48 square feet in size.
THE REQUEST
The applicant, United Stor-AII Centers, Inc., is requesting Site Plan approval, special
exception approval and associated non-use variances to construct a Self-service
storage facility at the southeast corner of the unimproved extension of Miami Gardens
Drive and Jack Smith Boulevard. The requests are as follows:
1. Site Plan approval for Self-service storage facilities in a BU-2, Special Business
District as required pursuant to Section 33-247(38) of the Miami-Dade County
Code; and
2. Variance from Chapter 33 of the Miami-Dade County Code to allow a floor area ratio
of 1.66, where a maximum floor area ratio (FAR) of 0.84 is allowed; and
3. Variance from Section 33-253.7, Chapter 33 of the Miami-Dade County Code
requiring a decorative masonry wall at least five (5) feet in height erected on the
business lot of the common property line adjacent to residential property. (Provision
of chainlink fence is proposed on rear property line.); and
4, Special Exception from Chapter 33 of the Dade County Code requiring that
residential uses are subject to public hearing approval in a BU-2, Special Business
District. (Provision of a manager's apartment on site is proposed); and
5. Variance from Sign Ordinance No. 97-17 permitting wall signs only on buildings
where the majority of the floor area is in retail use. (Provision of two (2) wall signs is
proposed for a non-retail use).
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
Gary Cohen, Trustee
United Stor-AII Centers, Inc.
The southeast corner of unimproved Miami-
Gardens Drive extension and Jack Smith
Boulevard (see Exhibit #2 for Location Map)
Approximately 1.24 acres
Tract "C" of Biscayne Commercial, according
to the plat thereof, as recorded in Plat Book
143 at Page 38 of the Public Records of
Miami-Dade County, Florida.
2
Zoning -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
BU-2, Special Business District
Miami Gardens Drive Extension right-of-way
followed by BU-2, Special Business District
and BU-I^, Limited Business District
BU-2, Special Business District
IU-1, Light Industrial District
BU-2, Special Business District
Existing Land Use-
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
vacant
Miami Gardens Drive Extension right-of-way
followed by vacant property
existing apartments and approved (future)
Adult Congregate Living Facility (ACLF)
industrial uses
retail uses
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
Miami Gardens Drive Extension
followed by Business and Office
Business and Office
Medium High Density Residential
Business and Office
right-of-way
The Site- The subject property, located at the southeast corner of unimproved
Miami-Gardens Drive extension and Jack Smith Boulevard, is an irregular shaped
piece of land approximately 240 feet deep by 290 feet at the widest point. (see Exhibit
#2 for Location Map).
The Project - The applicant is proposing a five-story, 64 ft. high, Self-service storage
facility to be named "Storage USA Aventura". The facility will contain 738 air-
conditioned storage units of varying sizes, not to exceed 400 sq. ft. The facility will
also have an on-site manager's office on the first floor and a manager's apartment on
the second floor. The applicant does not propose truck rentals or leasing in
conjunction with the facility.
3
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the Miami-Dade County Comprehensive Development Master Plan.
Citizen Input- The Community Development Department has not received any
written or verbal comments regarding this application.
Review by Other Agencies:
DERM- DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of Miami-Dade County,
Florida... Additionally, DERM has also evaluated the request insofar as the general
environmental impact that may derive from it and after reviewing the available
information offers no objection to its approval.
Review by City Departments
Landscape Architect- The City Landscape Architect has approved the proposed
Landscape Plan.
Community Development Department Analysis -
Request #1: Site Plan approval for Self-service stora.qe facilities in a BU-2, Special
Business District as required pursuant to Section 33-247(38) of the Miami-Dade County
Code.
Section 33-247(38) of the Miami-Dade County Code reads:
(38) Self-service storage facility. Use will only be permitted upon the submission of a
site plan which shall be approved at public hearing by the Board of County
Commissioners, "Self-service storage facility" shall be defined as a fully enclosed
space used for warehousing which contains individual storage units with floor area
no greater than four hundred (400) sq. ft. and an interior height not to exceed
twelve (12) feet. No wholesale or retail sales are permitted.
The facility is a fully enclosed space to be used for warehousing which
contains individual storage units with floor area no greater than 400 sq. ft.
and interior height not exceeding 12 ft. No wholesale or retail sales are
proposed.
4
Request #2: Variance from Chapter 33 of the Miami-Dade County Code requiring a
0.84 floor area ratio (F.A.R.). (Provision of a 1.66 F.A.R. is proposed.)
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) require:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
According to the Code, the floor area ratio shall not exceed 0.84 F.A.R. for a
five-story building. The applicant is requesting an F.A.R. (total gross floor
area / total lot area) of 1.66. This F.A.R. allows for a more intense
development and a taller building.
Staff believes that the non-use variance request to exceed the allowable F.A.R.
will not adversely affect the appearance of the community for several reasons.
The proposed building, at a height of 64 ft., is compatible with the
surrounding existing retail, office and industrial uses. The height of the
building is also consistent with the existing fourteen-story (126.67 ft.) Imperial
Club apartment building to the south and with the approved eight-story (99.33
ft.) Adult Congregate Living Facility to the immediate south.
The lot coverage for the proposed development, at 33.2%, is well below the
maximum allowed (40.0%). Furthermore, the traffic generated by a Self-
service storage facility is very minimal. As evidence, the Code only requires
one (1) parking space per 5,000 sq. ft. of building area, as opposed to office,
which requires one (1) space for every 300 sq. ft. and retail, which requires
one (1) space for every 250 sq. ft. Staff believes that the increased F.A.R. will
not adversely affect the stability of the community in terms of traffic
generated.
2. No showing of unnecessary hardship to the land is required.
Request #3: Variance from Section 33-253.7, Chapter 33 of the Miami-Dade County
Code requiring a decorative masonry wall at least five (5) feet in height erected on the
business lot of the common property line adiacent to residential property. (Provision of
C. L. fence is proposed on rear property line.)
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) require:
5
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
The applicant is proposing a chain link fence along the common property line
with the residential property to the south. The intent of the code requirement
for the decorative 5' wall is to screen the business use from the adjacent
residential use. The proposed chain link fence will provide an adequate buffer
between the two uses with sufficient maintained landscaping. Furthermore,
staff recommends approval of the chain link fence so as to eliminate possible
graffiti problems in this area.
2. No showing of unnecessary hardship to the land is required.
Request #4: Special Exception from Chapter 33 of the Dade County Code requiring
that residential uses are subject to public hearing approval in a BU-2, Special Busines~
District. (Provision of an on site manager's apartment is proposed).
According to Article XXXVI, Section 33-311(d) of the Miami-Dade County Code a
Special Exception request is to be evaluated using the following criteria:
1. The request would not have an unfavorable effect on the economy of Miami-Dade
County:
The request to permit a manager's apartment on the second floor of the
facility would not have an unfavorable effect on the economy of Miami-Dade
County or the City of Aventura,
2. The request would not generate or result in excessive noise or traffic, cause undue
or excessive burden on public facilities, including water, sewer, solid waste
disposal, recreation, transportation, streets, roads, highways or other such facilities
which have been constructed or which are planned and budgeted for construction;
and
The request to permit a manager's apartment would not generate or result in
excessive noise or traffic, or cause undue or excessive burden on public
facilities.
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
6
The request to permit a manager's apartment would not tend to create a fire or
other equally or greater dangerous hazard, or provoke excessive
overcrowding or concentration of people or population.
4. The necessity for and reasonableness of such applied for exception in relation to
the present and future development of the area concerned and the compatibility of
the applied for exception with such area and its development.
The request to permit a manager's apartment is reasonable and is necessary
when considering the security of the facility. The apartment will not be
discernable from the outside and will be compatible with the surrounding
area.
Request #5: Variances from Sign Ordinance No. 97-17 permitting wall signs only on
buildings where the majority of the floor area is in retail use and permitting a wall sign
which displays services or products as opposed to the business name. (Provision of
two (2) wall signs is proposed for a non-retail use, one of which displays services or
products as opposed to the business name).
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 two (2) wall signs on the building of a non-
retail use does not preserve or enhance the unique aesthetic character of the
City. Staff does, however, support the request for one (1) of the wall signs
with the condition that the applicant forego rights to the allowed monument
sign for the property. Due to the location of the Self-service storage facility, a
wall sign, rather than a monument sign would better serve the intent of the
Ordinance for signs to be legible under the circumstances in which they are
seen. Access and visibility to the property are currently limited since the
property fronts unimproved Miami Gardens Drive Extension.
The requested variance to permit a wall sign to read "Self Storage" does not
maintain the basic intent and purpose of the Sign Ordinance. Signs that
displays services or products as opposed to the business name are expressly
prohibited by the Ordinance.
RECOMMENDATION
it is recommended that the City Commission take the following actions with conditions
as outlined herein:
1) approve the Site Plan for the property; and
2) approve the non-use variance request for a floor area ratio (F.A.R.) greater than
that allowed by Code; and
3) approve the non-use variance request to waive the required decorative masonry
wall along the rear property line; and
4) approve the special exception to permit a manager's apartment on the premises;
and
5) deny the request for sign variance to allow two (2) wail signs. However, staff would
recommend that one (1) wall sign be allowed, stating the business name, in lieu of
the allowed monument sign. Such wall sign shall not exceed 48 square feet in size.
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Perspective, Storage USA Aventura, cover page, prepared by Architectural
Associates, Inc., signed and sealed dated 9/14/98; and
· Site Plan, Storage USA Aventura, Sheet 1 of 12, prepared by Architectural
Associates, Inc., revision date 5/7/98, signed and sealed dated 9/14/98; and
· Street Elevation, Storage USA Aventura, Sheet 1-A of 12, prepared by Architectural
Associates, Inc., dated 8/14/98, signed and sealed dated 9/14/98; and
· Details, Storage USA Aventura, Sheet 2 of 12, prepared by Architectural
Associates, Inc., revision date 8/17/98, signed and sealed dated 9/14/98; and
· Front Elevation, Storage USA Aventura, Sheet 3 of 12, prepared by Architectural
Associates, inc., revision date 8/17/98, signed and sealed dated 9/14/98; and
· West Elevation, Storage USA Aventura, Sheet 4 of 12, prepared by Architectural
Associates, Inc., revision date 8/17/98, signed and sealed dated 9/14/98; and
· East Elevation, Storage USA Aventura, Sheet 5 of 12, prepared by Architectural
Associates, Inc., signed and sealed dated 9/14/98; and
· South Elevation, Storage USA Aventura, Sheet 6 of 12, prepared by Architectural
Associates, Inc., signed and sealed dated 9/14/98; and
8
· 1~ Floor Unit Layout, Storage USA Aventura, Sheet 7 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
· 2nd Floor Unit Layout, Storage USA Aventura, Sheet 8 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
· 3~ Floor Unit Layout, Storage USA Aventura, Sheet 9 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
· 4th Floor Unit Layout, Storage USA Aventura, Sheet 10 of 12, prepared by
Architectural Associates, Inc., signed and sealed dated 9/14/98; and
· 5th Floor Unit Layout, Storage USA Aventura, Sheet 11 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
· Roof Plan, Storage USA Aventura, Sheet 12 of 12, prepared by Architectural
Associates, Inc., revision date 5/11/98, signed and sealed dated 9/14/98; and
· Paving and Drainage Plan, Storage USA Aventura, Sheet of C-1 of C-2, prepared
by Architectural Associates, Inc., revision date 7/16/98, signed and sealed dated
9/10/98; and
· Water and Sewer Plan, Storage USA Aventura, Sheet of C-2 of C-2, prepared by
Architectural Associates, Inc., dated 3/18~98, signed and sealed dated 9/10/98; and
· Planting Plan, Storage USA Aventura, Sheet LA-l, prepared by Rosenberg Design
Group, revision date 7/15/98; and
· Landscape Specifications and Plant List, Storage USA Aventura, Sheet LA-2,
prepared by Rosenberg Design Group, revision date 7/15/98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission.
PROJECT SPECIFIC CONDITIONS
The abandonment and dedication of easements as required by Miami-Dade Water
and Sewer Department, the City of North Miami Beach and Peoples Gas shall be
completed prior to the issuance of the first building permit for the property.
Applicant shall construct improvements to Miami Gardens Drive in accordance with
design approved by the City Engineer. Such improvements shall be completed
prior to the issuance of the Certificate of Occupancy for the development.
Applicant shall bond for improvements to Jack Smith Boulevard in the amount
established by the City Manager. Such bond shall be in a form approved by the
City Attorney and shall be submitted prior to the issuance of the first building permit
for the property.
9
4. One (1) wall sign, with the business name only, no greater than 48 square feet, be
allowed on either the north or west building elevation.
5. No additional exterior wall signs shall be allowed on any wall of the Self-service
storage facility.
6. The property owner shall relinquish all rights to the permitted Monument Sign for
the property.
/staff reports/01-SP-98 Storage USA
10
SHAPO, I~ltEEDlVIAIg & BLOOM, P.A.
April 3, 1998
VIA HAND DELIVERY
Brenda Kelley, Acting Director
Community Development Department
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, FL. 33180
R~C~IVSD
APR 0 3 1998
COMMuNi~-y DEV~.LOpMffNT
Re: Re-submitted Application for Property Located East of
Biscayne Boulevard at N.E. 186th Street (the "Property")
Application #01SP98
Dear Ms. Kelley:
The above application is filed in order to permit the
development of the subject Property for the highest quality Self-
Storage Facility. The Property is currently zoned BU-2 and is
essentially surrounded by commercial and high intensity uses (IU-1
and BU1-A). The requested use will conveniently serve an important
need in the community and is far less intense a use than the
existing zoning would otherwise permit (e.g., department stores,
offices, auto sales, etc.). Indeed, self-storage creates minimal
traffic, parking and other impacts on infrastructure compared to
almost any other BU-2 use. In that context, the requested variance
is minor, but is necessary to allow this largely passive use to
proceed.
The Plan has been modified and improved in many respects.
The revised design has placed a major emphasis on landscapinq --
which has been increased to 240% of the prior plan and is now double
the required percentage. Similarly, open space is 240% of the prior
plan and nearly double the required. The area of the building was
reduced 5000 sq. ft. and reconfigured on the site, increasing the
key set-backs by up to 100% (is doubling set-backs on the west and
south, with a 25'-30' increase on the North). The requested F.A.R.
is reasonable in relation to the over-all site plan, particularly
the size and irregular shape of the Property, the existing BU-2
zoning and the uses on the surrounding properties.
EXHIBIT #1
Brenda Kelley, Acting Director
Community Development Department
Page Two
April 3, 1998
Ail parking and set-back requirements are met and, for the
most part, exceeded. The proposed Facility will be air-conditioned,
completely enclosed, will be secure, have an on-site manager's
office and feature attractive landscaping. Further, unlike many
twenty-four hour self-storage facilities, the proposed project will
not be open after 9 p.m. The aesthetic appearance of the facilities
developed by the operator are extraordinary, and set the standard
for self-storage designs. The Facility will be developed by one of
the nation's leading self-storage operators which has a well
deserved reputation for outstanding performance and on-going
maintenance and operation of the highest quality. The proposed site
plan is consistent with that experience and expertise. For all of
the foregoing reasons, we respectfully believe that the Application
merits approval.
~re~
RONALD A. SHAPO
RAS/nbm
enclosures
cc: United Stor-All Centers,
Inc.
6240.001 040398 (10:22)
F:\WPDATA\02\LTR\$5586.1
BROWARD COUNT~'
DADE COUNTY
LEGEND
0
Roadways
City Boundary
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR
A SELF-SERVICE STORAGE FACILITY IN A BU-2, SPECIAL
BUSINESS DISTRICT AS REQUIRED PURSUANT TO SECTION
33-247(38) OF THE MIAMI-DADE COUNTY CODE; GRANTING A
VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY
CODE TO ALLOW A FLOOR AREA RATIO OF 1.66, WHERE A
MAXIMUM FLOOR AREA RATIO (FAR) OF 0.84 IS ALLOWED;
GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-
DADE COUNTY CODE REQUIRING A DECORATIVE MASONRY
WALL AT LEAST FIVE (5) FEET IN HEIGHT ERECTED ON THE
BUSINESS LOT OF THE COMMON PROPERTY LINE
ADJACENT TO RESIDENTIAL PROPERTY WHERE A
PROVISION OF CHAINLINK FENCE IS PROPOSED ON THE
REAR PROPERTY LINE; GRANTING SPECIAL EXCEPTION
APPROVAL FROM CHAPTER 33 OF THE DADE COUNTY CODE
REQUIRING THAT RESIDENTIAL USES ARE SUBJECT TO
PUBLIC HEARING APPROVAL IN A BU-2, SPECIAL BUSINESS
DISTRICT WHERE A PROVISION OF A MANAGER'S
APARTMENT ON SITE IS PROPOSED; DENYING A VARIANCE
FROM SIGN ORDINANCE NO. 97-17 PERMITTING WALL SIGNS
ONLY ON BUILDINGS WHERE THE MAJORITY OF THE FLOOR
AREA IS IN RETAIL USE WHERE A PROVISION OF TWO (2)
WALL SIGNS IS PROPOSED FOR A NON-RETAIL USE FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
UNIMPROVED MIAMI-GARDENS DRIVE EXTENSION AND JACK
SMITH BOULEVARD; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, United Stor-AII Centers, Inc., through Application No.
01-SP-98, has applied for the following:
Resolution No.
Page 2
1. Site Plan approval for Self-service storage facilities in a BU-2, Special Business
District as required pursuant to Section 33-247(38) of the Miami-Dade County
Code; and
2. Variance from Chapter 33 of the Miami-Dade County Code to allow a floor area ratio
of 1.66, where a maximum floor area ratio (FAR) of 0.84 is allowed; and
3. Variance from Section 33-253.7, Chapter 33 of the Miami-Dade County Code
requiring a decorative masonry wall at least five (5) feet in height erected on the
business lot of the common property line adjacent to residential property where a
provision of chainlink fence is proposed on the rear property line; and
4. Special Exception from Chapter 33 of the Dade County Code requiring that
residential uses are subject to public hearing approval in a BU-2, Special Business
District where a provision of a manager's apartment on site is proposed; and
5. Variance from Sign Ordinance No. 97-17 permitting wall signs only on buildings
where the majority of the floor area is in retail use where a provision of two (2) wall
signs is proposed for a non-retail use.
on that certain property located at the southeast corner of unimproved Miami-Gardens
Drive extension and Jack Smith Boulevard in Aventura, Florida as legally described as
follows:
Tract "C" of Biscayne Commercial, according to the plat thereof, as
recorded in Plat Book 143 at Page 38 of the Public Records of Miami-
Dade County, Florida;
and
Resolution No.
Page 3
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. Site Plan approval for the self-service storage facility in a BU-2,
Special Business District as required pursuant to Section 33-247(38) of the Miami-
Dade County Code is hereby granted, subject to conditions as outlined herein.
Section 2. Variance from Chapter 33 of the Miami-Dade County Code requiring
a 0.84 floor area ratio (F.A.R.) where a provision of a 1.66 F.^.R. is proposed is hereby
granted, subject to conditions as outlined herein.
Section 3. Variance from Section 33-253.7, Chapter 33 of the Miami-Dade
County Code requiring a decorative masonry wall at least five (5) feet in height erected
on the business lot of the common property line adjacent to residential property where
a provision of chainlink fence is proposed on the rear property line is hereby granted,
subject to conditions as outlined herein.
Section 4. Special Exception from Chapter 33 of the Dade County Code
requiring that residential uses are subject to public hearing approval in a BU-2, Special
Business District where a provision of a manager's apartment on site is proposed, is
hereby granted, subject to conditions as follows:
Resolution No.
Page 4
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Perspective, Storage USA Aventura, cover page, prepared by Architectural
Associates, Inc., signed and sealed dated 9/14/98; and
· Site Plan, Storage USA Aventura, Sheet 1 of 12, prepared by Architectural
Associates, Inc., revision date 5/7/98, signed and sealed dated 9/14/98; and
· Street Elevation, Storage USA Aventura, Sheet 1-A of 12, prepared by Architectural
Associates, Inc., dated 8/14/98, signed and sealed dated 9/14/98; and
· Details, Storage USA Aventura, Sheet 2 of 12, prepared by Architectural
Associates, Inc., revision date 8/17/98, signed and sealed dated 9/14/98; and
· Front Elevation, Storage USA Aventura, Sheet 3 of 12, prepared by Architectural
Associates, Inc., revision date 8/17/98, signed and sealed dated 9/14/98; and
· West Elevation, Storage USA Aventura, Sheet 4 of 12, prepared by Architectural
Associates, Inc., revision date 8/17/98, signed and sealed dated 9/14/98; and
· East Elevation, Storage USA Aventura, Sheet 5 of 12, prepared by Architectural
Associates, Inc., signed and sealed dated 9/14/98; and
· South Elevation, Storage USA Aventura, Sheet 6 of 12, prepared by Architectural
Associates, Inc., signed and sealed dated 9/14/98; and
· 1st Floor Unit Layout, Storage USA Aventura, Sheet 7 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
Resolution No.
Page 5
2r~ Floor Unit Layout, Storage USA Aventura, Sheet 8 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
3~d Floor Unit Layout, Storage USA Aventura, Sheet 9 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
4th Floor Unit Layout, Storage USA Aventura, Sheet 10 of 12, prepared by
Architectural Associates, Inc., signed and sealed dated 9/14/98; and
5th Floor Unit Layout, Storage USA Aventura, Sheet 11 of 12, prepared by
Architectural Associates, Inc., revision date 5/11/98, signed and sealed dated
9/14/98; and
Roof Plan, Storage USA Aventura, Sheet 12 of 12, prepared by Architectural
Associates, Inc., revision date 5/11/98, signed and sealed dated 9/14/98; and
Paving and Drainage Plan, Storage USA Aventura, Sheet of C-1 of C-2, prepared
by Architectural Associates, Inc., revision date 7/16/98, signed and sealed dated
9/10/98; and
Water and Sewer Plan, Storage USA Aventura, Sheet of C-2 of C-2, prepared by
Architectural Associates, Inc., dated 3/18/98, signed and sealed dated 9/10/98; and
Planting Plan, Storage USA Aventura, Sheet LA-l, prepared by Rosenberg Design
Group, revision date 7/15/98; and
Resolution No.
Page 6
· Landscape Specifications and Plant List, Storage USA Aventura, Sheet LA-2,
prepared by Rosenberg Design Group, revision date 7/15/98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission.
PROJECT SPECIFIC CONDITIONS
1. The abandonment and dedication of easements as required by Miami-Dade Water
and Sewer Department, the City of North Miami Beach and Peoples Gas shall be
completed prior to the issuance of the first building permit for the property.
2. Applicant shall construct improvements to Miami Gardens Drive in accordance with
design approved by the City Engineer. Such improvements shall be completed
prior to the issuance of the Certificate of Occupancy for the development.
3. Applicant shall bond for improvements to Jack Smith Boulevard in the amount
established by the City Manager. Such bond shall be in a form approved by the
City Attorney and shall be submitted prior to the issuance of the first building permit
for the property.
4. One (1) wall sign, with the business name only, no greater than 48 square feet, be
allowed on either the north or west building elevation.
5. No additional exterior wall signs shall be allowed on any wall of the Self-service
storage facility.
6. The property owner shall relinquish all rights to the permitted Monument Sign for
the property.
Resolution No.
Page 7
Section 5. Variance from Sign Ordinance No. 97-17 permitting wall signs only
on buildings where the majority of the floor area is in retail use where a provision of two
(2) wall signs is proposed for a non-retail use is hereby denied.
Section 6. 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 7. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
, who moved its
adoption. The motion was seconded by
., and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
Resolution No.
Page 8
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __ day of
,1998.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission
~ rr ':n~ SK°e~ ' cC 'o~m~
November 12, 1998
evelopment Direct(~
SUBJECT:
Request of Summit Apartments to construct a new dumpster enclosure
with a setback of five (5) feet in a RU-4M zoning district, where twenty-five
(25) feet is required. (07-VAR-98)
November 17, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the request to allow a dumpster
enclosure to be built to within five feet of the property line and adjacent to a public right-
of-way.
THE REQUEST
The applicant, Hallmark Construction/DMG and Associates, Inc. for Summit
Apartments, is requesting a Non-Use Variance to expand two existing dumpster
enclosures and add one additional dumpster enclosure in Summit Apartments (See
Exhibit #1 for Letter of Intent). The request to expand the two existing enclosures has
been allowed through administrative approval.
BACKGROUND
OWNER OF PROPERTY
Summit Properties Partnership
ADDRESS OFPROPERTY
3100 N.E. 190 Street. (See Exhibit #2 for
Location Map)
LEGAL DESCRIPTION
Tract N and O of MARINA DEL REY
REVISED, according to the plat thereof,
recorded in Plat Book 144, at page 89, of the
Public Records of Miami-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-4M, Modified Apartment House District
BU-2, Special Business District; and
RU-4 High Density Apartment House District
IU-1, Industrial Light Manufacturing District; and
IU-2, Industrial Heavy Manufacturing District
RU-4, High Density Apartment House District
IU-1, Industrial Light Manufacturing District; and
BU-2, Special Business District
Existing Land Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Summit Apartments
Founders Park; and
office uses
vacant; and
industrial
Founders Park
vacant; and
business uses.
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 High Density Residential
Business and Office
Industrial
Business and Office; and
Industrial
Business and Office
2
The Site - The subject site, Summit Apartments, is located south and west of Founders
Park.
The Project - The site is a multifamily rental community consisting of 379 apartments,
of which 180 apartment units are located on the north side of NE 190 Street and 199
units on the south side of NE 190 Street. The applicant has received recent
administrative approval to expand one dumpster enclosure in the north portion of the
complex and expand a second dumpster enclosure in the south portion.
The applicant seeks to add a new dumpster enclosure south of NE 190 Street,
approximately 200 feet east of the existing main entry and guardhouse. Due to space
limitations, the applicant proposes to locate the dumpster enclosure immediately
adjacent to the right-of-way of NE 190 Street. This would place a 6-foot high wall of the
enclosure five (5) feet south of the property line. Setback requirements for RU-4M
zoning districts require a twenty-five (25) foot setback from the property line.
ANALYSIS
Consistency with Comprehensive Master Plan- The request is not inconsistent
with the Miami-Dade County Comprehensive Development Plan.
Citizen Comments- The Community Development Department has received no
written citizen comments regarding this application.
Review by City Departments -
Landscape Architect- The City's landscape Architect has recommended denial of
the new dumpster enclosure for the following reasons:
· The dumpster enclosure will be located opposite Founders Park, affecting views of
Dumfounding Bay from the park and creating possible odor and pest problems.
· The dumpster enclosure is 5 feet from the property line, making it very difficult to
screen.
· The dumpster enclosure is being built within a ten (10) foot wide utility easement.
Engineering - Engineering review indicates that the proposed dumpster enclosure is
located over a 10-foot wide utility easement.
Community Development Department Analysis- City staff recommends denial of
the new dumpster enclosure.
3
Criteria
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) requires:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
The request to install the dumpster enclosure in the proposed location would
compromise the general welfare of the community. Negative impacts of this location
could affect Founders Park.
2. No showing of unnecessao/ hardship to the land is required.
CONDITIONS
It is recommended that the City Commission deny the request to allow the additional
dumpster enclosure at the proposed location. Should the City Commission decide to
approve the variance, it is recommended that the following conditions should apply:
STANDARD CONDITIONS
Plans shall substantially comply with those submitted as follows:
· "Site Plan", Sheets A1.1, Al.lA and A1.2, prepared by Thomas Gill, A.I.A.,
dated revised 10-08-98.
· "Planting Plan", Sheet LA-l, prepared by Rosenberg Design Group, dated
07-20-98.
2. Applicant shall obtain building permits within three (3) 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 approval process unless the term is extended by a
motion of the City Commission prior to its expiration.
3. The applicant shall receive written permission to construct within the existing utility
easement from all affected agencies.
4
Hallmalk
Censtn tien
DMG&
Asseciates, lnc.
Hallmark Construction
DMG & Associates, Inc.
South Florida Office
6699 Waverly Lane
Lake Worth, Fla. 35467
Phone: 561-963-7206
Fax: 561-963-6122
Thursday, July 23, 1998
City Council
City of Aventura
2999 NE 191st Street
Aventura, Florida 33180
Re:
New Dumpster Enclosures
Summit Apartments
LETTER OF INTENT
Please be advise that the purpose for this submittal and request for variance is to
expand two of the exi§ting locations and add one new garbage enclosure at the above
referenced property.
The present garbage enclosures and facilities are too small to accommodate the
number of tenants living at the Summit Apartments that causes an overflow of garbage.
The new enclosures will accommodate new 25-30 yard self. contained/compacting
dumpster units in place of the open side/open top 8 yard containers. These new units
will provide a cleaner appearance and safer environment for the Apartment comp]ex as
well as the residents and the City.
Thank you for your attention to this very important matter and should you have
any questions please feel free to contact me at any time.
iincerely,
Eric T. Alfredson
Vice President
EXHIBIT #1
07-VAR-98
BROWARD COUNT~
DADE COUNTY
YACHT CLUB DR.
a~ppes 207 ST. ~/
CLUB'DR.
.J
201 TER.
AVENTURA
192 ST.
~ of Aventura
188 ST.
33180
Dura foundling
'Bay
t~qlliams
· ou,~t ~'
LEGEND
ZiP (
Roadways
City Boundary
07-VAR-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A NON-USE
VARIANCE OF SETBACK REQUIREMENTS TO PERMIT A
DUMPSTER ENCLOSURE TO BE SETBACK FIVE (5)
FEET WHERE A TWENTY-FIVE (25) FOOT SETBACK IS
REQUIRED AT SUMMIT APARTMENTS, LOCATED AT
3100 NE 190 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RU-4M, Modified Apartment
House District; and
WHEREAS, the Applicant, Summit Apartments, through Application No. 07-VAR-
98, has requested a non-use variance of setback requirements to permit a dumpster
enclosure to be setback five (5) feet where a twenty-five (25) foot setback is required at
that certain property located at 3100 NE 190 Street, a.k.a. Summit Apartments, in
Aventura, Florida; 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:
Resolution No.
Page 2
Section 1. Application No. 07-VAR-98 for Non-Use Variance of setback
requirements to permit a dumpster enclosure to be setback five (5) feet where a twenty-
five (25) foot setback is required on property legally described as:
Tract N and O 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
a.k.a.
Summit Apartments
3100 NE 190 Street
is hereby granted, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
· "Site Plan", Sheets A1.1, Al.lA and A1.2, prepared by Thomas Gill, AIA,
dated revised 10-08-98;
· "Planting Plan", Sheet LA-l, prepared by Rosenberg Design Group, dated
07-20-98;
2. Applicant shall obtain building permits within three (3) 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 approval process unless the term is
extended by a motion of the City Commission prior to its expiration.
3. The applicant shall receive written permission to construct within the existing utility
easement from all affected agencies prior to issuance of building permits.
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.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by , who moved its
adoption. The motion was seconded by , and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry HoIzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No.
Page 4
This Resolution was filed in the Office of the City Clerk this __ day of November, 1998.
TERESA M. SMITH, CMC
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka,/~ .~naglr
~r(:~db~ rK3eil, e~,99Ge8 m n~evelo p m e nt Direct~
Request of China Grill Caf6 Aventura, Inc. for Unusual Use approval to
permit outdoor patio and table service in conjunction with a restaurant at
the Aventura Mall. (01-UU-99)
November 17, 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, China Grill Caf~ Aventura, Inc, is requesting Unusual Use approval to
permit outdoor patio and table service in conjunction with a restaurant located within the
Aventura Mall. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OFPROPERTY
ADDRESS OFPROPERTY
LEGALDESCRIPTION
Aventura Mall Venture
19501 Biscayne Boulevard
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 the 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 PJW
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 expansion. This includes
the addition of a new wing, consisting of an open courtyard area surrounded by
restaurants and shops, which is nearly completed. Several restaurants in the new wing
front the open courtyard and have provisions available for outdoor dining. Four of the
restaurants in the courtyard area, Cheesecake Factory, Coco's Sidewalk Cafe, Tu Tu
Tango and Rainforest Caf6, have been granted Unusual Use approval by the City
Commission to permit outdoor patio dining. Other existing and proposed restaurants in
2
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 received no written
citizen comments about this application.
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 11
tables with 44 seats to be located on the ground level in the courtyard area of the
Aventura Mall.
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 the City
of Aventura or 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. The
burden on public facilities would not be beyond that now permitted for the
entire Mall.
3
3. 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 largely 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:
· "China Grill Cafb Aventura" Furniture/Exiting Plan, Sheet A-103, prepared by
Zyscovich, Inc., dated March 18, 1998; revised May 20, 1998.
PROJECT SPECIFIC CONDITIONS
1. The outdoor patio dining shall be operated solely as an accessory use to the
restaurant, and if this 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
4
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
CHINA GRILL CAFE AVENTURA, INC
c/o The CorcGroup
242 N. 22nd Street, First Floor
Philadelphia, PA 19103
(215) 665-8900
Fax: (215) 665-8918
October 14, 1998
City Council
City of Aventura, FL
Ladies and gentlemen:
The undersigned requests your favorable review and consideration for the following:
An unusual use to permit outside patio dining service on lands described in the
attached application.
The subject property is part of Aventura Mall. It is specifically the China Grill Cafe And
Zen Sum. This is located on the ground floor at the entry' to the new courtyard which is
located at the southern end of the mall.
The China Grill Cafe And Zen Sum itself is permitted and well under construction. This
request is to allow for outside table service along the frontage of the courtyard area. The
exterior tables are arranged so as not to create any conflicting pedestrian traffic movement
exiting or entering the restaurant as well as the overall mall itsel£ This restaurant is
separated from the others in that there is no restaurant contiguous to it. Accordingly the
exterior tables are clearly identified as those for patrons of China Grill's Cafe.
Several of these requests have been approved in the past. We believe the present
application is consistent with those prior approvals. The tables are located close to the
building and clear of what would be the pedestrian movement area leading into and out of
the courtyard area. In fact a landscape planter serves as a buffer in the immediate front of
the restaurant. The overall courtyard itself allows for open pedestrian access.
We believe the proposed layout is consistent with the expectations of the City Council for
a quality operation. The proposed tables are minimal in number. However, they do allow
patrons to utilize the exterior area for dining enjoyment. The South Florida climate is
ideal for this type of use and we believe this use should be encouraged
In closing, we again request your favorable review and consideration.
Sincerely yours,
CHINA GRILL CAFE_/kVENTURA, 1NC.
Neil Faggen, Vice~President
EXHIBIT #1
01-UU-99
DADE COUNTY
YACHT CLUB DR.
LEGEND
City Boundary
01-UU-99
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 A COURTYARD
RESTAURANT, CHINA GRILL CAFI~, AT AVENTURA
MALL, LOCATED AT 19501 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, China Grll Cafb Aventura, Inc., through Application
No. 01-UU-99, has requested Unusual Use approval to permit outdoor patio and table
service in connection with a restaurant, China Grill Cafb, on that certain property
located at 19501 Biscayne Boulevard, a.k.a. Aventura Mall, in Aventura, Florida; 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 code 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. 01-UU-99 for Unusual Use approval to permit
outdoor patio and table service in connection with a restaurant on property legally
described as:
Resolution No.
Page 2
Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the
Public Records of Dade County
a.k.a
Aventura Mall
19501 Biscayne Boulevard
is hereby granted exclusively to China Grill Cafe, subject to the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
"China Grill Cafb Aventura" Furniture/Exiting Plan, Sheet A-103, prepared by
Zyscovich, Inc., dated March 18, 1998, revised May 20, 1998.
PROJECT SPECIFIC CONDITIONS
2. The outdoor patio dining shall be operated solely as an accessory use to the
restaurant, and if this use is terminated, the outdoor patio dining use will
automatically expire.
3. 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 Directods observation.
4. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
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
adoption. The motion was seconded by
vote, the vote was as follows:
, who moved its
, and upon being put to a
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 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
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City CommissiOnco ~
Eric M. Soroka, Cil~ r
Brenda Kelley, velopment Direct(~
October 30, 1998
Request of Champion Retail, Ltd. for modification to a previously
approved Multi-tenant Center sign criteria to allow two (2) wall signs
larger than previously approved for Courtyard Marriott located at 2825 NE
191 Street. (02-SV-99)
November 17, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the request for a Sign Variance
because it does not meet the criteria for the granting of variances found in the City's
sign ordinance.
THE REQUEST
The applicant, Champion Retail, Ltd., for Courtyard Marriott is requesting the following
(See Exhibit #1 for letter of intent):
1. Modification to a previously approved Resolution which permitted the erection of
two (2) wall signs where no wall signs were allowed; and
2. Sign variance to permit one (1) wall sign of 71 sq. ft. which exceeds the previously
approved size of 61 sq. ft.; and
3. Sign variance to permit one (1) wall sign of 53 sq. ft. which exceeds the previously
approved size of 25 sq. ft.
BACKGROUND
OWNER OF PROPERTY:
NAME OF APPLICANT:
ADDRESS OF PROPERTY:
SIZE OF PROPERTY:
LEGAL DESCRIPTION:
Champion Retail, Ltd.
Champion Retail Ltd., for Courtyard Marriott
2825 N.E. 191 Street
Approximately 16.52 acres
See Exhibit #4
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District
Biscayne Boulevard and the FEC Railroad
Existing Land Use-
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
retail shopping center
retail shopping center
retail shopping center
business and office uses
Biscayne Boulevard and the FEC Railroad
Future Land Use - 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
Business and Office
Biscayne Boulevard and the FEC Railroad
The Site- The subject site, the Champion Retail Plaza, is located east of
Biscayne Boulevard between NE 191 Street and NE 193 Street (see Exhibit #2 for
location map)
The Project- The applicant received Administrative Site Plan approval on January
21, 1998 to construct 99,976 sq. ft. of retail space and a five-story hotel with 166
rooms. The hotel is to be located on the eastern portion of the property, behind two (2)
outparcels and the retail center.
2
The applicant received Multi-tenant Center signage approval for four (4) signs, two (2)
wall signs and two (2) monument signs, through Resolution No. 98-51 for this site on
June 9, 1998 (See Exhibit #3).
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 received no written
citizen comments.
Community Development Department Analysis -
Ordinance No. 97-17 (Sign Code), Section 9. Supplemental Regulations reads as
follows:
a) Multi-tenant Center Sign graphics criteria.
The Owner of a Multi-tenant, or their authorized representative, may choose to comply
with the standards for Nonresidential District Signs or alternatively, apply for approval
as a Multi-tenant Center as described below.
1)
The owner of a Multi-tenant Center shall submit to the City Manager a written
statement of the uniform Sign graphics criteria for the Multi-tenant Center (the
"Criteria'). The City Manager shall review the Criteria, make a
recommendation and submit the Criteria, along with the recommendation to
the City Council, for final approval. Once the Criteria have been approved,
they shall apply to the entire Multi-tenant Center, as well as to each individual
occupant, and shall remain in effect for so long as the Multi-tenant Center
exists, regardless of a change in ownership or management, unless and until
the owner obtains approval to amend the Criteria from the City Council. The
Criteria for each Multi-tenant Center shall include, but not be limited to,
color(s), type of Signs, style of letters, size of letters (maximum or minimum)
and size of Signs.
An application to erect any Sign for any portion of a Multi-tenant Center shall
include and comply with the Criteria established for the Multi-tenant Center, a
sketch of the proposed Sign and the written consent of the owner of the Multi-
tenant Center for the proposed Sign.
The applicant received public hearing approval for two (2) wall signs, one (1) wall sign
at 61 sq. ft. on the south elevation and one (1) wall sign at 25 sq. ft. on the east
elevation. The applicant is now requesting that the City Commission reconsider the
previous conditions granted and allow installation of a 71 sq. ft. wall sign on the south
elevation of the hotel, and a 53 sq. ft. wall sign on the east elevation of the hotel.
3
The City's sign code allows wail signage on uses that are retail in nature. Wall signage
for the hotel is not allowed under the City's sign code. The applicant requested that
signage be allowed on the fa(~ade of the hotel, consistent with the requirements for
retail uses. According to the City's sign code, a retail use would be allowed one (1)
wall sign at 130 sq. ft.
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 two (2) wall signs, at a size greater than previously
allowed, does not preserve or enhance the unique aesthetic character of the City. Staff
believes that previously approved directional signage for the Courtyard Marriott,
located on Biscayne Boulevard and NE 190 Street, better directs vehicular traffic than
the proposed enlarged wall signage as requested.
RECOMMENDATION
It is recommended that the City Commission deny the request for a Sign Variance
because it does not meet the criteria for the granting of variances found in the City's
sign ordinance.
CONDITIONS
In the event that the City Commission wishes to approve the request for the sign
variance, the following conditions are recommended:
Plans shall substantially comply with those submitted as follows:
· "Courtyard Marriott", South Elevation, Revision No. 392.CDR, prepared by
Collins Signs, dated revised 10/06/98.
"Courtyard Marriott", South Elevation, Revision No. 392a. CDR, prepared by
Collins Signs, dated revised 10/06/98.
· "Courtyard Marriott", East Elevation, Revision No. 391.CDR, prepared by Collins
Signs, dated revised 10/06/98.
· "Courtyard Marriott", East Elevation, prepared by Collins Signs, dated revised
10/06/98.
4
2. Applicant shall obtain building permits for both signs within three (3) months of the
date of this Resolution or the approvals granted shall be deemed null and void
unless extended by a motion of the City Commission.
PROJECT SPECIFIC CONDITIONS
1. A Wall Sign with copy to read "Courtyard Marriott", lettering not to exceed 71 sq. ft.,
be allowed on the south elevation.
2. A Wall Sign with copy to read "Courtyard Marriott", lettering not to exceed 53 sq. ft.,
be allowed on the east elevation.
3. No additional exterior signs be allowed on any wall of the Courtyard Marriott Hotel.
5
CHAMPION RETAIL PARTNERS LTD.
October 16, 1998
LETTER OF INTENT
City Council
City of Aventura
Aventura, Florida
Re: Champion Retail pl~Ta - Marriott Hotel
Ladies and Gemlemen:
The undersigned requests your favorable review and consideration to the following:
A non use variance of sign regulations on lands described in the attached
application.
The subject property is part of the Champion Retail Plaza site. Previously an application
to allow for multi-tenant signage was reviewed and approved. This application also
included two wall signs for the Marriott Hotel.
In the zoning code there is no specific provision that relates to signage on hotels. After
reviewing the signage which was previously approved we do not believe these two wall
signs are adequate. In fact if'the signage for the hotel was treated in accordance with the
non-residential sign criteria for commercial uses then we believe more appropriate signage
would be allowed. Accordingly we are requesting a variance to allow two wall signs for
the hotel. The south elevation would have a sign of 70.50 square feet (60.23 previously
approved). The east elevation would have a sign of 52.91 square feet
(24.75 previously approved).
We believe the proposed signage will allow for better identification of the hotel. Further it
will allow for traffic in the area to be able to determine exactly where the hotel is located.
The hotel is located behind the shopping area and adjacent to a ten story office building.
We believe that this signage will allow for vehicular traffic to readily see the location of
the hotel. We believe this will enhance traffic circulation and provide for a safer and better
vehicular flow in this area.
In closing, ~?/~?~ request your favorable review and consideration.
Sln~r~ly ~o~trs,
t9501 Biscayne Blvd,/Suite 400/Aventura, FL 33180/(305) 937-6200 Fax (305~ 933 551 I
EXHIBIT #1
BROWARD ~
DADE COUNTY
YACHT CLUB DR.
WAY CIRCLE
CLUB DR.
201 TER. ~
~.VENTURA
Mall
SUBJECT
~ of Aventura
188 ST.
33180
Ocean
LEGEND
Roadways
City Boundary
RESOLUTION NO. 98-51
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA; GRANTING APPROVAL
OF MULTI-TENANT CENTER SIGN GRAPHICS FOR
SlGNAGE FOR CHAMPION RETAIL PLAZA LOCATED AT
THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN
NE 191 STREET AND NE 193 STREET; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is now governed by the City
Commission of the City of Aventura; and
WHEREAS, Ordinance No. 97-17 allowed for the Owner of a Multi-tenant Center,
or their authorized representative, to comply with the standards for Nonresidential
District Signs or alternatively, apply for approval as a Multi-tenant Center; and
WHEREAS, the property described herein is zoned BU-2, Special Business
District and is a Nonresidential District; and
WHEREAS, the Applicant, Champion Retail, Ltd., through Application No. 01-
MTC-98, is requesting approval of Multi-tenant Center Sign Graphics for signage at
Champion Retail Plaza located at the east side of Biscayne Boulevard between NE 191
Street and NE 193 Street; and
WHEREAS, the City Manager recommends approval of these requests subject to
conditions; and
WHEREAS, the City Commission has held a public hearing; 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
EXHIBIT #3
Resolution No. 98-51
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-MTC-98 for approval of Multi-Tenant Center Sign
Graphics for signage at Champion Retail Plaza located at the east side of Biscayne
Boulevard between NE 191 Street and NE 193 Street is hereby granted subject to each
of the following conditions:
1 ) Applicant shall obtain building permits 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 approval process unless the term is extended by a motion
of the City Commission prior to its expiration.
2) The proposed Bank II Phase signage, not included with this application, will conform
to the Non-Residential District requirements of the Sign Code.
3) A Resolution shall be recorded in the Public Records of Dade County prior to
issuance of any additional or new Sign permits for the subject property. The
applicant shall be responsible for recording fees associated with such recordation.
4) Multi-Tenant Center Signage approval shall not constitute building permit approval.
5) No raceways are permitted.
6) Plans shall substantially comply with those plans submitted as follows:
1. Site Plan, Champion Retail Plaza, Sheet SP-1, prepared by Arc-Tech
Associates Incorporated, signed and sealed dated 04~22~98;
2. Elevations, Champion Retail Plaza, Sheet SP-2, prepared by Arc-Tech
Associates Incorporated, signed and sealed dated 6~4~98;
Resolution No. 98-51
Page 3
3. Presentation Cover Sheet, Union Bank of Florida, Sheet CS-l, prepared by
Gallo, signed and sealed dated 2-9-98;
4. Preliminary Floor Plan, Union Bank of Florida, Sheet SP-1, prepared by Gallo,
signed and sealed dated 2-9-98;
5. Preliminary Elevations, Union Bank of Florida, Sheet A-2, prepared by Gallo,
signed and sealed dated 2-9-98;
6. West Elevation, Union Bank of Florida, prepared by Gallo, signed and sealed
dated 5-18-98;
7. Finish Schedule, Union Bank of Florida, prepared by Gallo, signed and sealed
dated 5-18-98;
8. Monument Sign Type "C", Courtyard by Marriott, Sheet 1 of 4, prepared by
Graphic Systems Incorporated, dated 1-28-98;
9. Entrance Sign Type "D", Courtyard by Marriott, Sheet 2 of 4, prepared by
Graphic Systems Incorporated, dated 1-28-98;
10. South Elevation (and details), Courtyard by Marriott, Sheet 3 of 4, prepared
by Graphic Systems Incorporated, dated 1-30-98;
11. East Elevation (and details), Courtyard by Marriott, Sheet 4 of 4, prepared by
Graphic Systems Incorporated, dated 1-30-98.
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. 98-51
PageZ'f
Section 3. This Resolution shall b~come effective immediately upon its
adoption.
Vice Mayor
The foregoing Resolution was offered by Commissioner Cohen , who
moved its adoption. The motion was seconded by Commissioner Holzherg , 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
absent
yes
yes
PASSED AND ADOPTED this 9th day of June, 1.998'-L
Id" 1
'. .
i " ~( .
t"b /" ,ll.
AATHUR I.~SNYDE ,MAYOR
ATTEST J~ () IV. /I
~9JXJ. r ~'
TERESA M. SMITH, CMC
CITY CLERK
CITY ATTO
This Resolution was filed in the Office of the City Clerk this J jday of f l/1I.1 ,199;[..
~~ YtJovfJJ 0
CITY CLERK
LEGAL DESCRIPTPION
SOFFER REDLICH PLAT - A REPLAT OF A
PORTION OF "AMENDED PLAT OF "BRITAN'S
ADDITION TO OJUS, FLORIDA" (PLAT BOOK 19 AT
PAGE 24); A PORTION OF "THE BRITAN
SUBDIVISION" (PLAT BOOK 7 AT PAGE 1); A
PORTION OF TRACT "H" OF "AVENTURA FOURTH
ADDITION" (PLAT BOOK 116 AT PAGE 34); AND
TRACTS "A AND B" AND A PORTION OF NE 193RD
STREET, ALL OF "DONED SUBDIVISION" (PLAT
BOOK 138 AT PAGE 5) LYING IN THE
NORTHWEST ¼ OF SECTION 3 - TOWNSHIP 52
SOUTH - RANGE 42 EAST CITY OF AVENTURA,
DADE COUNTY, FLORIDA.
EXHIBIT
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING
MODIFICATION TO A PREVIOUSLY APPROVED MULTI-
TENANT CENTER CRITERIA TO PERMIT TWO (2) WALL
SIGNS LARGER THAN PREVIOUSLY APPROVED FOR
COURTYARD MARRIOTT LOCATED AT 2825 NE 191
STREET; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Champion Retail Ltd., for Courtyard Marriott, through
Application No. 02-SV-99, has requested modification to a previously approved multi-
tenant center criteria to permit two (2) wall signs larger than previously approved for
Courtyard Marriott, located at 2825 NE 191 Street, in Aventura, Florida; 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:
Resolution No.
Page 2
Section 1. Application No. 02-SV-99 for modification to a previously approved
multi-tenant center criteria to permit two (2) wall signs larger than previously approved
for Courtyard Marriott, on property legally described as:
See Exhibit #1 attached hereto for the legal description
a.k.a.
Courtyard Marriott
2825 NE 191 Street
is hereby granted subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
"Courtyard Marriott", South Elevation, Revision No. 392.CDR, prepared by Collins
Signs, dated revised 10/06/98.
· "Courtyard Marriott", South Elevation, Revision No. 392a. CDR, prepared by Collins
Signs, dated revised 10/06/98.
· "Courtyard Marriott", East Elevation, Revision No. 391.CDR, prepared by Collins
Signs, dated revised 10/06/98.
· "Courtyard Marriott", East Elevation, prepared by Collins Signs, dated revised
10/06/98.
2. Applicant shall obtain building permits for both signs within three (3) months of the
date of this Resolution or the approvals granted shall be deemed null and void
unless extended by a motion of the City Commission.
Resolution No.
Page 3
PROJECT SPECIFIC CONDITIONS
1. ^ Wall Sign with copy to read "Courtyard Marriott", lettering not to exceed 71 sq. ft.,
be allowed on the south elevation.
2. ^ Wall Sign with copy to read "Courtyard Marriott", lettering not to exceed 53 sq. ft.,
be allowed on the east elevation.
3. No additional exterior signs be allowed on any wall of the Courtyard Marriott Hotel.
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
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
immediately upon its
, who moved its
, and upon being put to a
Arthur I~ Snyder, Mayor
Resolution No.
Page 4
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
LEGAL DESCRIPTPION
SOFFER REDLICH PLAT A REPLAT OF A
PORTION OF "AMENDED PLAT OF "BRITAN'S
ADDITION TO OJUS, FLORIDA" (PLAT BOOK 19 AT
PAGE 24); A PORTION OF "THE BRITAN
SUBDIVISION" (PLAT BOOK 7 AT PAGE 1); A
PORTION OF TRACT "H" OF "AVENTURA FOURTH
ADDITION" (PLAT BOOK 116 AT PAGE 34); AND
TRACTS "A AND B" AND A PORTION OF NE 193RD
STREET, ALL OF "DONED SUBDIVISION" (PLAT
BOOK 138 AT PAGE 5) LYING IN THE
NORTHWEST ¼ OF SECTION 3 - TOWNSHIP 52
SOUTH - RANGE 42 EAST CITY OF AVENTURA,
DADE COUNTY, FLORIDA.
EXHIBIT #1
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, City~ana{~l~
Brenda Kelley, Comm % velopment Direct "
November 12, 1998
Request of Aventura International Business Center, Ltd, a Florida Limited
Partnership, for modification of a previous Resolution, Unusual Use
approval and associated miscellaneous approval and non-use variances
to construct a ten-story office building at the northeast corner of NE 29
Avenue and NE 188 Street. (11-SP-98, 02-UU-99, 01-VAR-99)
November 17, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1) approve the modification to Resolution No. 644, only as it affects the use on the
property; and
2) approve the request for Unusual Use approval for outdoor patio and table service in
connection with a restaurant; and
3) approve the request to allow a building height which exceeds the width of an
adjacent road; and
4) approve the request for a parking variance of three (3) spaces, to allow 793 parking
spaces where 796 parking spaces are required; and
5) approve the request for a side street (south) setback of fifteen (15) feet where a
setback of thirty-two (32) feet is required; and
6) approve the request for a front (west) setback of seventeen (17) feet where a
setback of twenty (20) feet is required; and
7) approve the request for 27,128 square feet of landscaped open space where 54,985
square feet of landscaped open space is required.
THE REQUEST
The applicant, Aventura International Business Center, Ltd, a Florida Limited
Partnership, is requesting modification of a previous Resolution, Unusual Use approval
and associated miscellaneous approval and non-use variances to construct an office
building. The requests are as follows (see Exhibit #1 for Letter of Intent):
1. Modification of Resolution No. 644 only as this approval releases the previous
approval permitting a concrete block and ready mix cement plant; and
2. Unusual Use approval pursuant to Section 33-13 of the Miami-Dade County Code to
allow outdoor patio and table service in connection with a restaurant; and
3. Public Hearing approval pursuant to Section 33-58 of the Miami-Dade County Code
to allow a building which height exceeds the width of the widest street upon which
such building abuts; and
4. Variance from Chapter 33 of the Miami-Dade County Code which requires 796
parking spaces. (Provision of 785 parking spaces is proposed); and
5. Variance from Chapter 33 of the Miami-Dade County Code which requires a side
street (south) setback of thirty-two (32) feet. (Provision of fifteen (15) feet is
proposed); and
6. Variance from Chapter 33 of the Miami-Dade County Code which requires a front
(west) setback of twenty (20) feet. (Provision of seventeen (17) feet is proposed);
and
7_. Variance from Chapter 33 of the Miami-Dade County Code which requires 54,985
square feet of landscaping. (Provision of 27,128 square feet of landscaping is
proposed).
BACKGROUND
OWNER OF PROPERTY
APPLICANT
Aventura International Business Center, Ltd, a
Florida Limited Partnership
Stanley B. Price
2
ADDRESS OF PROPERTY The northeast corner of NE 29 Avenue and NE
188 Street (see Exhibit #2 for Location Map)
SIZE OF PROPERTY
LEGAL DESCRIPTION
Approximately 3.84 acres
See Exhibit #3 for the legal description
Zoning -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
IU-1, Light Manufacturing District and IU-2,
Heavy Manufacturing District
IU-1, Light Manufacturing District and RU-4,
High Density Apartment House District
IU-2, Heavy Manufacturing District
IU-2, Heavy Manufacturing District
BU-2, Special Business District
Existing Land Use-
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
vacant
vacant and existing apartments
marina
marina
retail and restaurant uses
Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro-
Dade Cou~ 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:
Industrial and Office
Industrial and Office
Industrial and Office
Industrial and Office
Business and Office
The Site- The subject property, located at the northeast corner of NE 29 Avenue
and NE 188 Street, is a rectangular shaped piece of land approximately 430 feet deep
by 395 feet wide. (see Exhibit #2 for Location Map).
The Project - The applicant is proposing an office/retail known as "Harbour Centre".
The development will include a ten-story, 148 ft. high, office building, an eight-level, 75
ft. high parking garage and a one-story, retail building. The development includes
approximately 180,000 SF of office area and approximately 20,000 SF of
retail/restaurant area. The parking garage provides 793 parking spaces for both the
retail and office building uses on the site.
3
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the Miami-Dade County Comprehensive Development Master Plan.
Citizen Input- The Community Development Department has not received any
written or verbal comments regarding this application.
Review by Other A.qencies:
DERM- DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of Miami-Dade County,
Florida... Additionally, DERM has also evaluated the request insofar as the general
environmental impact that may derive from it and after reviewing the available
information offers no objection to its approval.
The applicant is reminded that there are mangroves on the site and a tree removal
permit is required by DERM prior to any work commencing.
Review by City Departments
Landscape Architect- The City Landscape Architect has approved the proposed
Landscape Plan in concept only. A more detailed plan is required prior to issuance of
building permits.
Community Development Department Analysis -
The applicant received a waiver from the moratorium at the City Commission meeting of
December 16, 1997. The applicant has worked closely with City staff, and the City's
consultant to provide a proposed plan that meets the requirements of the Urban Design
Element within the Comprehensive Plan. Furthermore, the applicant has been ve~
cooperative working with staff and has granted a 10' drainage easement to the City b/
the north end of the property, and proposes a 50' building setback from the north
property line so as to provide a view corridor to the canal by way of a pedestrian plaza.
Request #1: Modification of Resolution No. 644 only as this approval releases the
previous approval permittin.q a concrete block and ready mix cement plant.
In December 1957 the Dade County Zoning Commission approved Resolution No. 644
allowing a special permit for a concrete block and ready mix concrete plant subject to
conditions.
Because Resolution No. 644 was approved through a public hearing
process, such approval must first be released or modified by public
hearing prior to subsequent approvals associated with the development of
the property for an office use.
Request#2: Unusual Use approval pursuant to Section 33-13 of the Miami-Dade
County Code to allow outdoor patio and table service in connection with a restaurant.
According to Article XXXVI, Section 33-311(d) of the Miami-Dade County Code an
Unusual Use request is to be evaluated using the following criteria:
1. The request would not have an unfavorable effect on the economy of Miami-Dade
County:
The request to permit outdoor patio and table service in connection with a
restaurant would not have an unfavorable effect on the economy of the
City or Miami-Dade County.
2. The request would not generate or result in excessive noise or traffic, cause undue
or excessive burden on public facilities, including water, sewer, solid waste
disposal, recreation, transportation, streets, roads, highways or other such facilities
which have been constructed or which are planned and budgeted for construction;
and
The request to permit outdoor patio and table service in connection with a
restaurant would not generate or result in excessive noise or traffic. The
burden on public facilities for an outdoor dining use would not be beyond
that expected for the entire development,
3. 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 and table service in connection with a
restaurant 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 office building.
4. 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 outdoor dining is proposed in the northeast corner of the office
building, on the ground floor with a view of the canal to the east. A
concrete block wall is separating the outdoor dining from the dumpster
enclosure, parking lot and tennis courts of the Summit Apartments. The
vacant lot to the north and west of Harbour Centre is presently zoned IU-1,
Light Manufacturing District allowing for an office or industrial use.
Therefore, the outdoor dining request is compatible with the present and
future development of the area.
Request #3: Public Hearin.q approval pursuant to Section 33-58 of the Miami-Dade
County Code to allow a buildin.q which hei.qht exceeds the width of the adjacent road.
Section 33-58 of the Miami-Dade County Code states "No building.., shall
be of a height greater that the width of the widest street upon which such
building abuts, except after application is made and permit issued as a
result of public hearing.
The width of NE 29 Avenue is 70'. A height of approximately 148' is
proposed for the office building, and a height of approximately 75' is
proposed for the parking garage. The proposed height will be consistent
with the nearby office buildings on NE 191 Street and NE 29 Avenue.
Request ~: Variance from Chapter 33 of the Miami-Dade County Code requirin.q 796
parkin.q spaces. (Provision of 793 parkinR spaces is proposed).
The guidelines for approval of non-use variances as required by Miarni-Dade County
Code Section 33-311(e)(2) require:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
Staff believes that a variance of three (3) parking spaces from what is required
will not be detrimental to the community. Furthermore, the applicant has
provided 9' wide parking spaces, per staff's request, as opposed to the 8.5'
wide spaces allowed by code.
2. No showing of unnecessary hardship to the land is required.
6
Request #5: Variance from Chapter 33 of the Miami-Dade County Code requirin.q a
side street (south) setback of thirty-two (32) feet. (Provision of fifteen (15) feet is
proposed).
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) require:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
Section 33-57 of the Miami-Dade County Code states "Any portion of a
building ... which is between thirty-five (35) and forty (40) feet in height shall
be setback at least twenty-five (25) feet from the lot line adjacent to any street
or thoroughfare. Thereafter, one (1) additional foot of setback shall be
provided for each five (5) feet of additional heighL '
Because of the height proposed for the parking garage structure, (at 75') a 32'
side street setback is required. The applicant will be providing dense
landscaping within the 15' proposed setback on property and approximately
30' of landscaping within the City's right-of-way. This landscaping, at a total
depth of approximately 45' should be sufficient to screen the height of the
adjacent parking structure in this industrial district.
2. No showing of unnecessary hardship to the land is required.
Request #6: Variance from Chapter 33 of the Miami-Dade County Code requirin.q a
front (west) setback of twenty (20) feet. (Provision of seventeen (17) feet is proposed).
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) require:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
The applicant worked closely with the City's consultant, and was requested to
pull the proposed retail structure closer to the adjacent right, of. way/property
line so as to conform to the proposed Urban Design Element within the City's
Comprehensive Plan. Even though this setback was requested by the City's
7
consultant, a setback variance is still required pursuant to Chapter 33 of the
Miami-Dade County Code.
2. No showing of unnecessary hardship to the land is required.
Request #7: Variance from Chapter 33 of the Miami-Dade County Code requiring
54,985 SF of landscapin.q. (Provision of 27,128 square feet is proposed).
The applicant is proposing 27,128 square feet of landscaped area on site where
approximately 55,000 square feet of landscaped area is required. If staff takes into
consideration, the rip rap area (at 1800 square feet), and the area within the right-of-
way of NE 188 Street (at approximately 8100 square feet) the applicant is proposing to
construct approximately 37,000 of pervious (landscaped) area. The applicant has
worked closely with the City's landscape architect to provide an impressive landscape
plan, with dense plantings and tall trees.
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) require:
The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
Section 33-261 of the Miami-Dade County Code requires landscaped open
space which may include "entrance features, greenbelts, unpaved passive
and active recreation areas, and other similar landscaped open space at
ground level".
Staff recommends approval of the variance request because the applicant has
worked closely with the City's landscape architect to provide a nice
landscape concept plan. Furthermore, approval of the landscape variance
will not affect the stability and appearance of the community and will not be
detrimental to the community.
2. No showing of unnecessary hardship to the land is required.
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1) approve the modification to Resolution No. 644, only as it affects the use on the
property; and
2) approve the request for Unusual Use approval for outdoor patio and table service in
connection with a restaurant; and
3) approve the request to allow a building height which exceeds the width of an
adjacent road; and
4) approve the request for a parking variance of three (3) spaces, to allow 793 parking
spaces where 796 parking spaces are required; and
5) approve the request for a side street (south) setback of fifteen (15) feet where a
setback of thirty-two (32) feet is required; and
6) approve the request for a front (west) setback of seventeen (17) feet where a
setback of twenty (20) feet is required; and
7) approve the request for 27,128 square feet of landscaped open space where 54,985
square feet of landscaped open space is required.
STANDARD CONDITIONS
1. Plans
shall substantially comply with those submitted as follows:
Harbour Centre at Aventura (cover page), prepared by Arquitectonica, dated
October 21, 1998;
· Demolition Plan and Tree Survey Along Canal Bank, Sheet SP-1, prepared
by Arquitectonica, dated 10/2198;
· Site Plan, Sheet SP-2, prepared by Arquitectonica, dated 11/5/98;
· Landscape Plan, Sheet L-l, prepared by Arquitectonica, dated 10/23/98;
· Floor Plans, Sheet A-l, prepared by Arquitectonica, dated 10/21/98;
· Floor Plans, Sheet A-2, prepared by Arquitectonica, dated 10/21/98;
· Elevations, Sheet A-3, prepared by Arquitectonica, dated 10/21/98;
· Elevations, Sheet A-4, prepared by Arquitectonica, dated 10/21/98;
· Street Elevation, Sheet A-5, prepared by Arquitectonica, dated 10/21/98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission.
9
3. The outdoor patio and table service shall be operated solely as an accessory use to
the restaurant, and if this use is terminated, the outdoor patio and table service use
will automatically expire.
4. 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.
5. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
PROJECT SPECIFIC CONDITIONS
Applicant shall construct improvements, or provide funding, in conjunction with the
City's improvement project for NE 29 Avenue in accordance with design approved
by the City Engineer for that area of right-of-way adjacent to the property. Such
improvements shall be completed, or funding provided, within ninety (90) days of
the date of this Resolution. Such funding amount shall not exceed $119,933.90.
2. A tree removal permit is required by DERM prior to any work commencing.
Applicant shall construct improvements, or provide funding for roadway
beautification, including, but not limited to landscaping and paver block
improvements, in conjunction with the City's improvement project for NE 29 Avenue
and NE 191 Street. Such improvements shall be completed, or funding provided,
within sixty (60) days of the date of this Resolution. Such funding amount shall not
exceed $25,000.00.
/staff mporls/ll-SP-98 Had)our Centre
10
BILZiN SUMBERG DUNN PRICe & AXELROD LLP
STANLEY El, PRICE, P.A.
DIRECT DIAL (305)35(~2~374
July 8, 1998
Ms. Brenda Kelly
Chief of Community Development Director
City of Aventura, Concourse Center 2
2999 N.E. 191 St., 5th Flr.
Aventura, FL 33180
JUL 1 0 1998
Re: Harbour Centre; N.W. 29th Avenue, North of
Northeast 188th Street
Dear Ms. Kelly:
Pursuant to your departmental rules and regulations, this
letter will serve as our letter of intent in conjunction with the
above-styled zoning application for site plan approval with
incidental non-use variances. The subject property is presently
zoned IU-2 pursuant to Dade County's Zoning Resolution No. 1526
(a copy of which is attached hereto) as Exhibit "A".
The applicant is requesting a site plan approval to permit
an office building on a site of 3.84 acres. The building will be
comprised of approximately 197,795 gross square feet with 10
floors plus a penthouse area to store mechanical elevator and an
additional office use. The building will be approximately 148
feet in height and will be compatible with the office buildings
constructed in the Concord Center immediately to the north of the
subject application. A non-use variance will be required to
permit 148 feet in height where 70 feet is permitted. Harbour
Centre has been designed by Arquitectonica.
The subject property is bounded on the north by a vacant
parcel of land presently zoned for an office building. To the
northeast of the subject property is the Summit Apartments which
are 3 stories in height. Immediately to the east of the subject
property is a canal and an existing dry storage marina. On the
south of the property is northeast 188th Street and further to
the south is another dry stack marina. To the west of the
subject property is Loehman's Plaza with a ground level parking
area to service the shopping plaza. As you will note, the
application calls for greater than mandated parking and no
variances are required for any of the setback areas. A parking
7/1/98
EXHIBIT #1
BILZlN SUNIBERG DUNN PRICE ,~, AXELROD LLP
Ms. Brenda Kelly
July 8, 1998
Page 2
garage of 74.6' is requested which results in a variance of 4.6'
in height. Access to the site is provided both off of Northeast
29th Avenue and Northeast 188th Street with a clearly delineated
traffic circulation pattern serving the building. You will
further note an attractive drop-off area on the western side of
the proposed office tower which is well set back from both
Northeast 29th Avenue as well as Northeast 188th Street. Visual
corridors to the east (the Bay) will enhance the desirability for
future tenants.
The landscape plan for this property has been prepared by
Curtis & Rogers which greatly enhances both the feeling and
appearance of the proposed office building. A retail component
such as a bank or restaurant, of 3,600 square feet, is proposed
for the area abutting N.E. 29 Avenue
We believe that based upon the design for this proposed use,
this building will become a signature building within the City
and greatly enhance the strong office market presently in the
City of Aventura area.
We look forward to your favorable review and analysis of
this project.
SBP:cm
cc:
Lauris Boulanger
Mark Russo, Esq.
Arquitectonica
Very tru~rs~
G:~DMS\73190\ 10204\0196470.01
7/1/98
BllZiN SUMBERG DUNN PRICE & AXELROD LLP
A PARTNERSHIP Of PROFESSIONAL ASSOCIATIONS
2500 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD · MIAMI, FLORIDA 33131-233(~
TELEPHONE: (305) 374-?580 · iNFOI~BILZIN,COM
July 30, 1998
BRIAN S. ADLER
SUZANNE M. AMADUCCI
ARNOLD A. BROWN
CHRISTOPHER D* BROWN
THOMAS F. CARR
SHERRIL M. COLOMBO
JEFFREY D, DECARLO
Ms. Brenda Kelly
Chief of Community Development Director
City of Aventura, Concourse Center 2
2999 N.E. 191 St., 5th Flr.
Aventura, FL 33180
RECEIVED
AUG D 3 !~8
COMMUNITY DEVELOPMENT
Re:
Harbour Centre; N.W. 29th Avenue, North of
Northeast 188th Street
Dear Ms. Kelly:
Supplement to Letter of Intent
Pursuant to the DRC meeting on July 29, 1998, please consider this a supplement to the
Letter of Intent dated July 8, 1998, signed by Stanley Price, in connection with the above-referenced
property. As discussed in the DRC, our client's site plan contemplates a restaurant which would
contain an outdoor dining area on the canal. Therefore, in connection with the application submitted
with the Letter of Intent, please consider this a modification of our Letter of Intent and application
to incorporate a request for an unusual use for the outdoor dining facility.
As explained by staffin the DRC, we understand that there are additional fees to be assessed
for the unusual use. Please advise us of the additional fees upon review of this letter. Thank you for
your attention to the foregoing.
BSPdvm
cc: Lauris Boulanger
Howard E. Nelson
Mark Russo, Esq.
Arquitectonica
Very truly yours,
G:\DMS\73252\I0545\0200666.01
7/29/98
TROT ~0°
LOCATION SKETCH
EXHIBIT #2
rTl
×
LEGAL DESCRIPTION:
Portion of the South 1/2 of Section 3, Township 52 South, Range 42 East, being more particularly described os follows:
Commence at the cen.t,er of Section $, Township 52 South, Range 42 East, thence North 89 degrees 50 minutes 55 seconds
West along the North hne of the Southwest 1/.4 of said Section 3, for 670.26 feet to the North. west comer of the East
1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 3; thence South O0 degrees 59 m~nutee 25 seconds East,
along the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 3, for 1107.11 feet;
thence North 89 degrees 20 minutes 55 seconds East for 70.00 feet; thence NorthOOdegrees 39 minutes, 25 seconds
West along o llne 70.00 feet Easterly of and parallel with the West line of the East 1/2 of the Northeast 1/4. of the
Southwest 1/4 of sold Section 3 for 35.00 feet to the POINT OF BEGINNING of the following described parcel of land;
thence North 89 degrees 20 minutes 35 seconds East for 428.41 feet; thence North O0 degrees 39 minutes 25 seconds
West for 264.05 feet; thence North O0 degrees 03 minutes 15 seconde East for 125.00 feet; thence North 89 degrees
56 minutes 45 seconds West for 450.00 feet; thence South 0.0 degrees 59 minutes 25 seconds East along ~ line 70.00
feet Easterly of and parallel with the West line of the East 1/2 of the Northeast l/4 of the Southwest I/4 of ~olcl
Section 3 for 394.58 feet to the POINT OF BEGINNING, oll lying and being in {)ode County, Ror~do.
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A MODIFICATION OF
RESOLUTION NO. 644 ONLY AS THIS APPROVAL RELEASES
THE PREVIOUS APPROVAL PERMITTING A CONCRETE
BLOCK AND READY MIX CEMENT PLANT; GRANTING
UNUSUAL USE APPROVAL PURSUANT TO SECTION 33-13 OF
THE MIAMI-DADE COUNTY CODE TO ALLOW OUTDOOR
PATIO AND TABLE SERVICE IN CONNECTION WITH A
RESTUARANT; GRANTING PUBLIC HEARING APPROVAL
PURSUANT TO SECTION 33-58 OF THE MIAMI-DADE COUNTY
CODE TO ALLOW A BUILDING WHICH HEIGHT EXCEEDS THE
WIDTH OF THE WIDEST STREET UPON WHICH SUCH
BUILDING ABUTS; GRANTING A VARIANCE FROM CHAPTER
33 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES
796 PARKING SPACES WHERE A PROVISION OF 785
PARKING SPACES IS PROPOSED; GRANTING A VARIANCE
FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE
WHICH REQUIRES A SIDE STREET (SOUTH) SETBACK OF
THIRTY-TWO (32) FEET WHERE A PROVISION OF FIFTEEN
(15) FEET IS PROPOSED; GRANTING A VARIANCE FROM
CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH
REQUIRES A FRONT (WEST) SETBACK OF TWENTY (20)
FEET WHERE A PROVISION OF SEVENTEEN (17) FEET IS
PROPOSED; APPROVING A VARIANCE FROM CHAPTER 33 OF
THE MIAMI-DADE COUNTY CODE WHICH REQUIRES 54,985
SQUARE FEET OF LANDSCAPING WHERE A PROVISION OF
27,128 SQUARE FEET OF LANDSCAPING IS PROPOSED FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE
29 AVENUE AND NE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned IU-1, Light Manufacturing
District and IU-2, Heavy Manufacturing District; and
Resolution No.
Page 2
WHEREAS, the Applicant, Stanley B. Price for Aventura International Business
Center, Ltd, a Florida Limited Partnership, through Application No. 11-SP-98, has
applied for the following:
1. Modification of Resolution No. 644 only as this approval releases the previous
approval permitting a concrete block and ready mix cement plant; and
2. Unusual Use approval pursuant to Section 33-13 of the Miami-Dade County Code
to allow outdoor patio and table service in connection with a restaurant; and
3. Public Hearing approval pursuant to Section 33-58 of the Miami-Dade County Code
to allow a building which height exceeds the width of the widest street upon which
such building abuts; and
4. Variance from Chapter 33 of the Miami-Dade County Code which requires 796
parking spaces. (Provision of 785 parking spaces is proposed); and
5. Variance from Chapter 33 of the Miami-Dade County Code which requires a side
street (south) setback of thirty-two (32) feet. (Provision of fifteen (15) feet is
proposed); and
6. Variance from Chapter 33 of the Miami-Dade County Code which requires a front
(west) setback of twenty (20) feet. (Provision of seventeen (17) feet is proposed);
and
7. Variance from Chapter 33 of the Miami-Dade County Code which requires 54,985
square feet of landscaping. (Provision of 27,128 square feet of landscaping is
proposed).
Resolution No.
Page 3
on that certain property at the northeast corner of NE 29 Avenue and NE 188 Street in
Aventura, Florida as legally described on Exhibit #1 attached hereto; 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. Modification of Resolution No. 644 only as this approval releases the
previous approval permitting a concrete block and ready mix cement plant is hereby
granted.
Section 2. Unusual Use approval pursuant to Section 33-13 of the Miami-Dade
County Code to allow outdoor patio and table service in connection with a restaurant is
hereby granted, subject to conditions as outlined herein.
Section 3. Public Hearing approval pursuant to Section 33-58 of the Miami-
Dade County Code to allow a building which height exceeds the width of the widest
street upon which such building abuts is hereby granted, subject to conditions as
outlined herein.
Resolution No.
Page 4
Section 4. Variance from Chapter 33 of the Miami-Dade County Code which
requires 796 parking spaces where a provision of 785 parking spaces is proposed, is
hereby granted, subject to conditions as outlined herein.
Section 5. Variance from Chapter 33 of the Miami-Dade County Code which
requires a side street (south) setback of thirty-two (32) feet where a provision of fifteen
(15) feet is proposed is hereby granted, subject to conditions as outlined herein.
Section 6. Variance from Chapter 33 of the Miami-Dade County Code which
requires a front (west) setback of twenty (20) feet where a provision of seventeen (17)
feet is proposed subject to conditions as outlined herein.
Section 7. Variance from Chapter 33 of the Miami-Dade County Code which
requires 54,985 square feet of landscaping where a provision of 27,128 square feet of
landscaping is proposed is hereby approved subject to conditions as follows:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Harbour Centre at Aventura (cover page), prepared by Arquitectonica, dated
October 21, 1998;
· Demolition Plan and Tree Survey Along Canal Bank, Sheet SP-1, prepared by
Arquitectonica, dated 10/2198;
· Site Plan, Sheet SP-2, prepared by Arquitectonica, dated 11/5/98;
· Landscape Plan, Sheet L-l, prepared by Arquitectonica, dated 10/23/98;
· Floor Plans, Sheet A-1, prepared by Arquitectonica, dated 10/21/98;
Resolution No.
Page 5
· Floor Plans, Sheet A-2, prepared by Arquitectonica, dated 10/21/98;
· Elevations, Sheet A-3, prepared by Arquitectonica, dated 10/21/98;
· Elevations, Sheet A-4, prepared by Arquitectonica, dated 10/21/98;
· Street Elevation, Sheet A-5, prepared by Arquitectonica, dated 10/21/98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission.
3. The outdoor patio and table service shall be operated solely as an accessory use to
the restaurant, and if this use is terminated, the outdoor patio and table service use
will automatically expire.
4. 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.
5. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall construct improvements, or provide funding, in conjunction with the
City's improvement project for NE 29 Avenue in accordance with design approved
by the City Engineer for that area of right-of-way adjacent to the property. Such
Resolution No.
Page 6
improvements shall be completed, or funding provided, within ninety (90) days of
the date of this Resolution. Such funding amount shall not exceed $119,933.90.
A tree removal permit is required by DERM prior to any work commencing.
Applicant shall construct improvements, or provide funding for roadway
beautification, including, but not limited to landscaping and paver block
improvements, in conjunction with the City's improvement project for NE 29 Avenue
and NE 191 Street. Such improvements shall be completed, or funding provided,
within sixty (60) days of the date of this Resolution. Such funding amount shall not
exceed $25,000.00.
Section 8. 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 9. This Resolution shall become
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
effective immediately upon its
., who moved its
, and upon being put to a
Resolution No.
Page 7
PASSED AND ADOPTED this 17th day of November, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __ day of
,1998.
CITY CLERK
m
LEGAL DESCRIPTION:
Portion of the South 1/2 of Section 3, Township 52 South, Ronge 4.2 Eost, being more p~3rticulorly described os follows:
Commence et the cent.er of Section 5, Township 52 South, Renge 42 Eost, thence North 89 degrees 50 minutes 55 seconds
West elong the North hne of the Southwest 1/.4 of seid Section 3, for 670.26 feet to the Northwest comer of the Eost
1/2 of the Northeost 1/4 of the .Southwest 1/4 of Sect!on 3; thence South 0.0 degrees 39 minutes 25 seconds Eest,
elong the West line of the Eost 1/2 of the Northeost 1/4 of the Southwest 1/4. of seid Section 3, for 1107,11 feet;
thence North 89 degrees 20 minutes 35 seconds Ecst for 70.00 feet; thence North 00. degrees ,39 minutes, 25 seconds
West elong e line 70.00 feet Eosteriy of end perollel with the West llne of the Eest I/2 of the No~the~st 1/4. of the
Southwest 1/4 of seid Section 3 for 35.00 feet to the POINT OF BEGINNING of the following described p~rcel of lend;
thence North 89 degrees 20 minutes 35 seconds Eost for 428.4.1 feet; thence North O0 degrees 39 minutes 25 seconds
West for 264..05 feet; thence North O0 degrees 03 Minutee 15 seconds Eest for 125.00 feet; thence North 89 degrees
56 minutes 4.5 seconds West for 4.30.00 feet; thence South O0 degrees 39 minutes 25 seconds EQSt <31en~ e llne 70,00
feet Eosterly of end perollel with the West llne of the Eest 1/2 of the Northeast 1/4 of the S<~thwe~t 3/4 of ~id
Section 5 for 394.38 feet to the POINT OF BEGINNING. oil lying end being in D<3de County, Floride,
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, C~f~
Brenda Kelley, Di~cl
October 30, 1998
er
~mmunity Developmer~
Request of Cheesecake Factory, Inc. to permit an exterior access wall
sign. (12-SV-98)
November 17, 1998, City Commission Meeting Agenda Item .~- ~--
RECOMMENDATION
It is recommended that the request for a sign variance be granted with conditions as
outlined herein.
THE REQUEST
The applicant, Cheesecake Factory, Inc. is requesting a sign variance to permit an
exterior access wall sign on the southwest elevation of the Cheesecake Factory
restaurant. (See Exhibit #1 for letter of intent)
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
Aventura Mall Venture
Cheesecake Factory, Inc.
19501 Biscayne Boulevard
Approximately 97.962 acres
LEGAL DESCRIPTION
Tract Q, Aventura 6th Addition as recorded in
Plat Book 120 Page 20 of the Public Records
of Dade County
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District and
RU-3, Four Unit Apartment House District
RU-4A, Hotel Apartment House District and
BU-2, Special Business District and
GU, Interim District
Biscayne Boulevard and the FEC Railroad
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the east:
Properties to the West:
Aventura Mall
Office and retail uses
Office and retail uses
Turnberry County Club and associated uses
Biscayne Boulevard and the FEC Railroad
Future Land Use - 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:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Business and Office
Business and Office
Parks and Recreation; and
Medium High Density Residential
Biscayne Boulevard and the FEC Railroad
The Site - The subject site is located at the northeast corner of Biscayne Boulevard
and the William Lehman Causeway (see Exhibit #2 for Location Map).
The Project- The Aventura Mall is currently in the process of expansion. The
addition of a new wing houses several restaurants that front an open courtyard. The
applicant, Cheesecake Factory, is currently operating a restaurant on the ground floor
of the new courtyard area.
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 received no written
citizen comments.
2
Community Development Department Analysis- The City Sign Ordinance allows
the applicant one (1) wall sign not to exceed 75 sq. ft. facing the open courtyard. The
applicant received a permit for such sign and installed it in conformity with the sign
code.
The sign ordinance allows tenants with an exterior access a wall sign not to exceed 75
square feet. The original permit plans showed the Cheesecake Factory's exterior
access as a "Fire Exit". The permit was approved on the agreed to condition that the
exit be maintained as a public entrance, and that a hostess (and station) be provided at
all times. Staff was concerned that the sign, in its location above the doors, would
direct patrons to this entrance and would cause confusion to customers if not manned
by a hostess. Subsequently, the applicant installed the second wall sign (at 42 sq. ft. in
size) on the southwest elevation of the restaurant.
Inspections by Community Development staff indicated that no hostess was provided,
as agreed, at this exterior access location. Although the entry remained open to the
public, a large potted plant replaced the hostess station, confusing patrons and
restricting access to the Fire Exit. The applicant was informed that it would be
necessary to conform to the full requirements of the sign permit or obtain a variance
from the sign code. The applicant took no action and the approved permit was
revoked.
Upon revocation of the permit, the applicant submitted a request for a sign variance for
an exterior access wall sign on the southwest elevation in addition to the existing wall
sign facing the courtyard. The applicant believes that the additional wall sign facing
the parking lot provides better direction to customers entering the courtyard than a
single sign facing the courtyard. Since the exterior access is not maintained as a
manned entrance to the restaurant, staff does not consider the location an exterior
access.
Staff recommends approval of the requested sign variance because the location of the
installed sign is not detrimental to the community and is not incompatible with
surrounding land uses.
Criteria
The criteria for approval of a sign variance as required by the City of Aventura Sign
Ordinance (No. 97-17) requires that:
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 request maintains the basic intent and purpose of the regulations. The signage is
not excessive, conforms to the basic signage plan of the courtyard area and does not
affect land uses outside the mall property. The material and design of the sign
conforms to sign code standards.
RECOMMENDATION
It is recommended that the City commission approve the request for an exterior access
wall sign.
CONDITIONS
It is recommended that the following conditions shall apply:
1. The direct exterior access door must remain open and available for patron access at
all times during regular business hours, and that access to, and the visibility of the
doorway shall not be blocked or obscured.
2. The sign permit shall be reactivated within ten (10) days of the date of this approval,
or such approval shall become null and void.
4
COMPANY
SIGN
RECEIVED
OCT 2 1 1998
September 1, 1998
City of Aventura
Community Development
To Whom It May Concern:
Cheesecake Factory has three entrance/exit locations, one to the interior of the mall, one in the court
yard, and one facing the parking lot. The courtyard exit has signage as does the mall entrance. Staffand
the city manager granted special permission for an identification sign at the parking lot entranc~e with a
stipulation that a hostess stand be placed at this entrance and a variance be applied for.
It is imperative that identification be placed on the parking elevation, as the courtyard sign cannot be
seen from vehicle travelways.
Rainforest Restaurant has identification on.this elevation with no exterior access.
Thank you for your cooperation, it is most appreciated.
Joseph Dillard
~ MY COMMISSION # CC 693919
EXHIBIT #1
BROWARDCOU1WI~
Promenade
201 TER.
WENTURA
~tum
Mall
of Aventura
Cove
188 ST.
T CLUB DR.
WAY CIRCLE
~ho~pes 207 S'[ [~J
DR
33180
331
192 ST.
LEGEND
RoadWays
...... C~y Bounaar/
..... ZIP Code Bounda~
........... Railroad
EXHIBIT #2
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A SIGN
VARIANCE TO PERMIT AN EXTERIOR ACCESS WALL
SIGN FOR CHEESECAKE FACTORY, INC., AT
AVENTURA MALL, LOCATED AT 19501 BISCAYNE
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Cheesecake Factory, Inc., through Application No.
12-SV-98, has requested a sign variance to allow an exterior access wall sign on that
certain property located at 19501 Biscayne Boulevard, a.k.a. Aventura Mall, in
Aventura, Florida; 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. 12-SV-98 for Sign Variance to allow an exterior
access sign on property legally described as:
Resolution No.
Page 2
Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the
Public Records of Dade County
a.k.a.
Aventura Mall
19501 Biscayne Boulevard
is hereby granted exclusively to Cheesecake Factory, Inc., subject to the following
conditions:
1. The direct exterior access doorway shall remain open and available for patron
access at all times during regular business hours, and that access to, and the
visibility of, the doorway shall not be blocked or obscured.
The revoked sign permit shall be reactivated within ten (10) days of the date of this
approval, or such approval shall become null and void.
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
adoption. The motion was seconded by
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
, who moved its
, and upon being put to a
Resolution No.
Page 3
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
Al-rEST:
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
MINUTES
CITY OF AVENTURA
COMMISSION MEETING
OCTOBER 6, 1998 - 5:45 P.M.
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:45
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 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.
PLEDGE OF ALLEGIANCE: Muriel Cohen led the pledge of allegiance.
PUBLIC HEARINGS: 1998/99 BUDGET
Mr. Wolpin announced that due to the Governor's Executive Order of a
State of Emergency in light of an impending hurricane, the budget final
hearing originally scheduled for September 24, 1998 was cancelled and
re-set to this time.
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270
MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED
PROPERTY VALUE, WHICH IS 3.46% ABOVE THE ROLLED
BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR
THE 1998 TAX YEAR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Vice Mayor Cohen. Mayor Snyder opened the public hearing. There
being no speakers, the public hearing was closed. The motion for
approval was unanimously passed by roll call vote and Ordinance No, 98-
21 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED TENTATIVE OPERATING AND
CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY
COMMISSION AT THE REVIEW MEETING HELD ON JULY 20,
1998, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE
1998/99 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE
CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
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 Rogers-Libert, and seconded by Commissioner Berger.
The motion for approval was unanimously passed by roll call vote and
Ordinance No. 98-22 was enacted.
There being no further business to come before the Commission, the
meeting adjourned at 5:50 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.
MINUTES
CITY COMMISSION MEETING
TUESDAY, OCTOBER 6, 1998 6:00 P.M.
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Harry Holzberg, Patricia Rogers-Libert, Jeffrey M. Perlow, Vice Mayor Ken Cohen,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE
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.
A. Mr. Wolpin read the following resolution by title:
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
Mr. Soroka read for the record a request from Stanley Price, Esq., on behalf of the
applicant, that this matter be withdrawn. Michael A. Larkin, Esq., 200 S. Biscayne
Blvd. also representing the applicant, addressed the Commission in support of this
request.
APPOINTMENT OF VICE MAYOR EFFECTIVE OCTOBER 1, 1998: Upon motion
made by Commissioner Rogers-Libert, seconded by Commissioner Berger and
unanimously passed, Harry Holzberg was elected Vice Mayor effective October 1,
1998 for a period of 6 months.
APPROVAL OF MINUTES: A motion to approve the minutes of the September 1,
1998 Commission Meeting, the September 8, 1998 Workshop Meeting, the
September 10, 1998 Commission Meeting, and the September 28, 1998 Workshop
Meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner
Cohen and unanimously approved.
6. SPECIAL PRESENTATIONS: None
7. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Commissioner Cohen requested removal of item 8-A and Commissioner Perlow
requested removal of items 8-D & E, all from the Consent Agenda.
8. CONSENT AGENDA: A motion to approve the items remaining on the Consent
Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner
Berger, unanimously passed and the following items were approved:
B. MOTION TO ADOPT 1999 LEGISLATIVE PROGRAMS AND
PRIORITIES IN ACCORDANCE WITH CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 29, 1999
F. Resolution No. 98-82:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE FEDERAL GOVERNMENT TO
DEVELOP AN AFFORDABLE, EFFICIENT AND STANDARDIZED
SYSTEM FOR TRACKING AND REPORTING OF FEDERAL GRANTS;
PROVIDING FOR AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $20,000
FROM THE POLICE FORFEITURE FUND FOR TRAFFIC FLOW
ENHANCEMENT PROGRAM AT THE IVES DAIRY ROAD
INTERSECTION IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 23, 1998
This motion was offered by Commissioner Holzberg, seconded by Commissioner
Rogers-Libert and unanimously passed.
2
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-8-17-2-2, PARKS/MEDIANS/RIGHT-OF-WAY
MAINTENANCE, TO LUKES' LANDSCAPING, INC., AT THE BID PRICE
OF $577,000; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin, seconded by
Commissioner Berger, unanimously passed, and Resolution No. 98-83 was
adopted.
E. Mr. Wolpin read the following resolution by title:
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 REAL ESTATE PURCHASE AND SALE CONTRACT BY
AND BETWEEN THE CITY OF AVENTURA AND AL SCHNEIDER,
TRUSTEE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Beskin. An amendment was offered by Commissioner Perlow, seconded
by Commissioner Rogers-Libert and unanimously passed to provide that execution of
the contract be subject to approval by Miami-Dade County of the Safe Neighborhood
Parks Program grant in the amount of $1,027,100. The motion for approval, as
amended, was unanimously passed and Resolution No. 98-84 was adopted.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 97-61, WHICH
ESTABLISHED THE RATE OF STORMWATER UTILITY FEE, BY
AMENDING THE RATE OF THE STORMWATER UTILITY FEE FOR
THE CITY OF AVENTURA STORMWATER MANAGEMENT SYSTEM;
PROVIDING FOR AN EFFECTIVE DATE.
3
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 98-85 was adopted.
9. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Woipin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; EXTENDING
THE DURATION OF THE EXISTING BUILDING MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN THE MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22, AND
AS AMENDED PURSUANT TO ORDINANCE NO. 98-08, OF THE CITY
OF AVENTURA; BY AMENDING SECTION 8 "TERM" OF ORDINANCE
NO. 97-22, AS AMENDED, TO PROVIDE FOR A FURTHER EXTENSION
OF THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and seconded by
Vice Mayor Holzberg. Mayor Snyder opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roil call vote.
10. PUBLIC HEARINGS: ORDINANCES - SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE
"CITY"), AMENDING THE CITY CODE BY AMENDING CHAPTER 34
"PLANNING AND ZONING", BY AMENDING ARTICLE II "QUASI
JUDICIAL MATTERS", BY CREATING SECTION 34-33 "PUBLIC
STATEMENTS BY COMMISSIONERS" TO REQUIRE THE MAYOR
AND COMMISSIONERS TO AVOID PUBLICLY EXPRESSING THEIR
INTENTION TO VOTE FOR OR AGAINST A QUASI JUDICIAL MATTER
PRIOR TO HEARING; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Rogers-Libert. A motion was offered by Commissioner Berger and
seconded by Vice Mayor Holzberg to table this item subject to conditions. The Chair
ruled that a motion to table with conditions was inappropriate and disregarded the
motion. Mayor Snyder opened the public hearing. The following individuals
4
addressed the Commission: Marian Nesbitt, 20185 East Country Club Drive; Roy
Cohen, 19355 Turnberry Way; Judith Jaffe, 3401 N. Country Club Drive and
Leonard Brenner, 19355 Turnberry Way. There being no further speakers, the
public hearing was closed. A motion to change this ordinance to a resolution was
offered by Mayor Snyder, seconded by Commissioner Berger and failed, 3-4, with
Mayor Snyder and Commissioners Berger and Cohen voting yes, and
Commissioners Beskin, Rogers-Libert, Perlow and Vice Mayor Holzberg voting no.
A motion to table this ordinance indefinitely was offered by Commissioner Berger,
seconded by Commissioner Cohen and failed, 2-5, with Commissioners Berger and
Cohen voting yes and Commissioners Beskin, Rogers-Libert, Perlow, Vice Mayor
Holzberg and Mayor Snyder voting no. The motion for approval passed unanimously
by roll call vote and Ordinance No. 98-23 was enacted.
11. RESOLUTIONS: None
12. OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION: AVENTURA CHAMBER OF
COMMERCE PRIDE PROGRAM: Keith Marshall, representing the
Aventura Chamber of Commerce, explained this program which consists
of selling inscribed paver bricks at Aventura Founders Park and requested
that the City join with the Chamber in implementation thereof. A motion to
proceed with the program as set forth in the City Manager's Memorandum
dated October 1, 1998 was offered by Commissioner Berger, seconded by
Commissioner Rogers-Libert and unanimously passed.
FUTURE MEETING DATES: It was the consensus of the Commission to
schedule the following meeting dates: November 17, 1998 and December
15, 1998, both at6 p.m.
13. REPORTS: As presented.
14. PUBLIC COMMENTS: None.
15. 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 8:20 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.
5
MINUTES
CITY OF AVENTURA
COMMISSION WORKSHOP MEETING
OCTOBER 19, '1998 - 9:00 A.M.
Aventura Government Center
2999 NE 191st Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present
were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M.
Perlow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, 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.
Founders Reco.qnition Dinner Update: Community Services Director
Robert M. Sherman reviewed the proposed program for the Founders
Recognition Dinner. It was the consensus of the Commission that
Commissioners sit at separate tables and not at the dais, that they be
responsible for the cost of their own tickets and that they forward to the
City Manager the names of two individuals they would like to be invited to
the dinner to be seated at tables purchased by sponsors but not filled by
the sponsor. Commission suggested that the Charter Commission
members be recognized at the dinner.
Si,qn Code: Community Development Director Brenda Kelley responded
to certain concerns expressed by Commissioners relative to the sign code.
It was the consensus of the Commission that Iogos remain as provided for
currently; sign companies erecting illegal signs be fined and prohibited
from pulling further permits until fines paid; that for signs permitted but not
erected in accordance with permit that a fine be imposed and a bond
required until permitted sign is installed; and the City Attorney directed to
=
=
prepare legislation providing that if a sign is installed without a permit a
fine be imposed and no variance application be accepted until the illegal
sign is removed and the fine paid.
Crane Leqislation: (Commissioner Cohen) Commissioner Cohen
discussed the possibility of requiring that cranes be removed during the
threat of a hurricane. Mr. Soroka advised that this would not be under the
City's jurisdiction. No action taken.
Primary Date Revision: (Commissioner Cohen) Commissioner Cohen
suggested possible action by the Commission in support of moving the
primary election dates to March/April. No action taken.
Other Business: Other items discussed include the intersections of
Country Club Drive and 190th Street and Country Club Drive and 34th
Avenue.
The meeting adjourned at 10:15 a.m.
Teresa M Smith, CMC, City Clerk
Approved by the Commission on
MINUTES
CITY OF AVENTURA
COMMISSION WORKSHOP MEETING
OCTOBER 29, 1998 - 9:00 a.m.
Aventura Government Center
2999 NE 191~t Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:50 a.m. (following an Executive Session) by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R.
Beskin, Ken Cohen, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Harry
Holzberg, Mayor Arthur I. 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. Point East Shoppinq Center: Michael Snyder, Esq., representing the owner
of the Point East Shopping Center, addressed the Commission regarding the
Florida Department of Transportation Biscayne Boulevard Improvement
Project and access into the shopping center. Daniel Iglesias, representative
of FDOT, FDOT's traffic engineer and Tish Burger, Public Information Officer
for the Biscayne Boulevard Expansion Project, addressed the concerns of the
Commission and residents. Commissioner Rogers-Libert suggested that a
median cut be made north of 178th Street for southbound traffic into the Point
East Shopping Center with a ,tPhermitted left-hand turn on green arrow only, to
be s nchronized with the 178 Street signal; that no u-turns be permitted at
Y . . th d
either intersection and that no nght on red be permitted at 178 Street an
Biscayne Blvd. City Manager to meet with representatives of FDOT to
discuss this suggestion and other possible solutions.
3. Lonq Ran.qe Plannin.q Committee: (Mayor Snyder) The Commission
viewed a videotape of a monument display as proposed by the Mayor's Long
Range PLanning Committee.
1. Code Enforcement Process: Brenda Kelley, Community Development
Director, provided information explaining the code enforcement process.
Other Business: Other items discussed included: recognition of the Charter
Commission members (consensus that they be given a key to the City at the
Founders Dinner) and the request of the Joint Council to schedule a town hall
meeting to inform the public about the flyover. After discussion by the
Commission and members of the public, the request by the Joint Council was
withdrawn by Leonard Brenner.
The meeting adjourned at 11:30 a.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on ,1998.
MINUTES
CITY OF AVENTURA
COMMISSION MEETING
NOVEMBER 9, 1998 - 5:00 P.M.
Government Center
2999 NE 191s~ Street Suite 500
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:00
p.m. by Mayor Arthur I. Snyder. Present ware Commissioners Arthur
Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Perlow, Patricia Rogers-
Libert, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Clerk
Teresa M. Smith and City Attorneys Mitchell Bierman and Joseph H.
Serota (arrived at 5:30 p.m.). Vice Mayor Harry Holzberg was absent. As
a quorum was determined to be present, the meeting commenced.
CONSIDERATION OF POSSIBLE SETTLEMENT OFFER IN THE CASE
OF CITY OF AVENTURA V. LOLA BOHN THOMAS (EMINENT DOMAIN
ACTION) 11TM JUDICIAL CIRCUIT IN AND FOR DADE COUNTY
FLORIDA CASE NO. 97-18825 CA 02 AND POSSIBLE
AUTHORIZATION TO RESOLVE MATTER:
City Attorney Mitchell Bierman reviewed the status of this matter to date
and the points of settlement discussed by the Commission during the
recent Executive Session. After discussion, a motion was offered by
Commissioner Perlow and seconded by Commissioner Rogers-Libert that
inasmuch as it is in the best interest of the City to settle this matter due to
the uncertainty of the outcome due to discrepancies with the appraisals of
the subject property and the concerns expressed by the presiding Judge,
that the Stipulation for Settlement, as recommended by the City Attorney
and attached hereto, providing for payment in full for taking of the subject
property, to Lola Bohn Thomas, Trustee in the amount of $3,400,000.00,
inclusive of interest and exclusive of attorneys' fees and costs, be
executed by the City Manager. The motion passed unanimously (6-0)~
ADJOURNMENT: There being no further business to come before the
Commission, the meeting adjourned at 5:50 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.
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FLORIDA
GENERAL J~JRISDICTION DIVISION
CITY OF AVENTURA, a municipal
corporation,
Plaintiff,
VS.
LOLA BOHN THOMAS, as Trustee;
OCEAN PROPERTIES, LTD.; MEISTER
FINANCIAL MORTGAGE FUND, LTD.;
MEISTER FINANCIAL MORTGAGE
INVESTMENT TRUST, LTD.; PERFECT
TIMING REALTY ASSOC.; GIBRALTER
BANK, FSB and JAMES F. SILVERS,
Defendant.
CASE NO. 97-15825 CA 02
STIPULATED FINAL JUDGMENT
THIS CAUSE came before the Court upon the Joint Motion set forth below. The Court
being advised in the premises it is therefore ORDERED AND ADJUDGED
1. The Defendant, LOLA BOHN THOMAS, TRUSTEE shall have and recover from
the Petitioner, CITY OF AVENTURA, the sum of THREE MILLION FOUR HUNDRED
THOUSAND DOLLARS AND NO/CENTS ($3,400,000.00), subject to the valid claims, if any, of
parties of interest listed in the Petition, in full payment for the taking of the subject property
described below, inclusive of interest and exclusive of attorneys' fees and costs.
A portion of Tract II of"FIFTH ADDITION BISCAYNE YACHT AND COUNTRY
CLUB" according to the plat thereof as recorded in Plat Book 99 at Page 20 of the
Public Records of Dade County, Florida described as follows:
CASE NO. 97-15825 CA 02
Commence at the Northwest corner of said Tract II; thence N 87 °32'00" E along the
North line of said Tract II for 334.64 feet to a point of curve; thence Northeasterly
along the arc of said curve to the left having a radius of 5829.58 feet and a central
angle of 00°42'04'' for an arc distance of 71.33 feet to a point on the arc ora curve
concave to the Northeast, said point bears S 09050'42'' W from the center of said
curve; thence Southeasterly along the arc of said curve to the left having a radius of
1290.92 feet and a central angle of 09°08'59" for an arc distance of 206.15 feet;
thence N 83°59'09" E for 158.32 feet to the Point of Beginning of the herein
described parcel of land; thence continue along the last described course for 78.25
feet to a point on the arc of a curve concave to the Northwest; said point bears S
07 °28'13" E from the center of said curve; thence Northeasterly along the arc of said
curve and along the North line of said Tract II, having a radius of 5864.58 feet and
a central angle of 4°57'33' for an arc distance of 507.60 feet; thence N 81 °46'45" E
for 91.42 feet to the East line of said Tract II; thence S 03000'33'' E along the East
line of said Tract II for 293.50 feet to the Southeast comer of said Tract II; thence S
87°32'36" W along the South line of said Tract II for 550.00 feet; thence N
02027'24'' W for 56.00 feet to a point; thence S 87032'36'' W for 125.00 feet to a
point; thence N 02027'24'' W for 157.27 feet to the Point of Beginning.
LESS THE FOLLOWING DESCRIBED PARCEL
A portion of Tract II of"FIFTH ADDITION BISCAYNE YACHT AND COUNTRY
CLUB" according to the plat thereof as recorded in Plat Book 99 at Page 20 of the
Public Records of Dade County, Florida, being more particularly described as
follows:
Begin at the Southeast comer of said Tract II; thence run N 03 °00'33" W, along the
east line of said Tract II, for a distance of 293.46 feet (Deed) 293.50 feet (measured)
to the Point of Intersection with the Southerly Right-of-Way line of State Road No.
852, also known as the "William Lehman Causeway" or N.E. 192'~d Street; thence run
S 81 °46'45" W, along said Southerly Right-of-Way line, for 56.33 feet; thence
leaving said Right-of-Way line run S 03o00'33'' E for 11.00 feet; thence run N
86o59'27'' E, for 12.10 feet; thence mn S 03000'33'' E, along a line 44.00 feet West
of and parallel with the East line of said Tct II, for 276.88 feet to the Point of
Intersection with the South line of said Tract II; thence run N 87 °35'46" E, along said
South line of Tract II 44.00 feet to the Southeast comer of said Tract II, being the
Point of Beginning.
2. That the Defendant shall neither seek nor be awarded any further monies from the
Petitioner in this cause except for attorneys' fees and costs.
-2-
CASE NO. 97-15825 CA 02
3. The Petitioner, CITY OF AVENTURA, shall deposit in the Court Registry the total
sum of SIX HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($670,000.00)
(representing the difference between the sum of $2,730,000.00 previously paid to the Defendant and
the full compensation of $3,400,000.00 as to the subject property) within thirty (30) days of receipt
of a conformed copy of this Order.
4. The Court reserves jurisdiction to otherwise enforce the terms and conditions of this
Stipulated Final Judgment.
DONE AND ORDERED in Chambers in Dade County, Miami, Florida on this __ day
of November, 1998.
CIRCUIT COURT JUDGE
Conformed copies furnished to:
Joseph Serota, Esq.
Robert C. Byrne, Esq.
-3-
CASE NO. 97-15825 CA 02
JOINT MOTION
Petitioner, CITY OF AVENTURA, and Defendant, LOLA BOHN THOMAS, TRUSTEE,
through their undersigned counsel, together move this Honorable Court for entry of the foregoing
Stipulated Final Judgment. The undersigned are authorized to enter into this Joint Motion.
JOS ,EPH//3I~R~TA, ESQ.
(Fla. Bar No. 259111)
Weiss, Serota & Helfman
2665 So. Bayshore Drive, #420
Miami, FL 33133
Dated: t/[/~/~'
R~E~,T C.-BYRNE, E3Q. //
la BarNo. 1_4.13_72_)/141372)
Kelly, nlack--BlaCk-B~rne & Beasley, P.A.
169 E. Flagler Street, #1400
(305) 358-5700
Dated: z' / c~ f
CITY OF,~URA/
ErieSoroka, City Manger/
Lola Botm Thomas, Trustee
Dated:.// ? "~'
-4-
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City,Nla
October 20, 1998
Resolution Authorizin
~~ecution
of Reimbursement Agreement -
FDOT Lehman Causeway Safety Improvements
November 17, 1998 City Commission Meeting Agenda Item ~'~/~
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Reimbursement Agreement with FDOT for the Lehman Causeway Safety
Improvements. The Agreement provides for the City to pay the difference of the
amount originally allocated by FDOT ($196,902) and the actual bid amount
($295,993.55).
BACKGROUND
At the time FDOT agreed to fund the construction of the safety curb and gutter along
the Lehman Causeway, they allocated $196,902 for the project. Originally, the City was
responsible for the entire cost of the improvements. FDOT required the City to fund
any difference in the amount allocated for the project and the bid amount. The 1997/98
Budget contained $130,000 to fund the difference.
FDOT recently awarded the project to the Iow bidder at a cost of $295,993.55. The
attached Agreement provides that the City reimburse the difference of $99,091.45 to
FDOT. The Agreement also provides that the City will reimburse FDOT for any excess
over $295,993.55, subject to our review and approval as being reasonable and
necessary.
EMS/aca
Attachment
CC0666-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMSSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
REIMBURSEMENT AGREEMENT FOR LEHMAN
CAUSEWAY SAFETY IMPROVEMENTS BY AND
BETWEEN THE CITY OF AVENTURA AND STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION;
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 execute the attached
Reimbursement Agreement for Lehman Causeway Safety Improvements by and
between the City of Aventura and the State of Florida Department of Transportation.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Resolution No. 98-
Page 2
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
FLORIDA
October 7, 1998
DEPARTMENT OF TRANSPORTATION
Mr. Eric M. Soroka, City Manager
City of Aventura Government Center
299 N.E. 191st. Street
Suite 500 Aventura, Florida 33180
Re:
State Road 856
Lehman Causeway North Frontage Road.
Financial Project Number 250244-1-52-01
Dear Mr_ Soroka:
Reference is made to our August 5, 1998Aetter informing you that the fma! cost for the referenced
project was estimated above the balance of the existing FD26 Federal Demonstration Funds.
According to telephone conversation between Mr. 3olm Martinez and yourself, it was agreed that
the difference will be covered using local City of Aventura funds.
Because the urgency of this project, Mr. Maninez then decided to go and, supplemented the
difference using State Funds.
Attached is a Draft of a Reimbursement Agreement for $99,091.45, difference between the City's
highway demonstration funds and the received lowest bid amount.
Please review and comment as neeessa~. If you have any question please fell free to contact me at
(305) 470-5418
Sincerely,
Senior Project Development Manager
cc: J. Martinez, M. Cisear L.
City of Aventura
W.P.I. 6114421
SR 856 Lehman Causeway
Dade County
REIMBURSEMENT AGREEMENT
between the
THE FLORIDA DEPARTMENT OF TRANSPORTATION
and
CITY OF AVENTURA
THIS AGREEMENT, entered into this __ day of 1998, between the
State of Florida, Department of Transportation, hereinafter referred to as the "Department" and the
City of Aventura, a municipal corporation of the State of Flotida, hereinafter referred to as the "City".
WITNESSETH
WHEREAS, the parties mutually agree that it is in their joint best interest and the public's
best interest to cooperatively fund and construct a physical barrier between the frontage road and
the bike/pedestrian path around the Turnberry Golf Course; and
WHEREAS, the parties are authorized to enter into this agreement under the provision of
Section 339.08 (2) (h), Florida Statutes (1997); and
NOW THEREFORE, in consideration of the covenants contained herein, the parties agree
to the following:
The City has prepared the Construction Plans and Specifications at its own
expense.
2. The Department has advertised the construction of the Project, as described
in Exhibit "A" attached hereto and by this reference made a part thereo£ Subsequent to the
evaluation of the bids by the Department and determination of the apparent low responsive bidder,
the Department shall be responsible for awarding the contract for the project. The low bidder
amount is $295,993.55.
3. The City agrees that it will, prior to the Department letting the construction
contract, pay the Department the lump sum amount of $99,091.45, which is the balance owed when
the City's highway demonstration grant ($196,902.00) is subtracted from the lowest bidder
($295,993.55).
3 (a). The parties further agree that in the event that the final construction project
cost is greater than the herein stated estimated project cost ($295,993.55), the City will reimburse
City of Aventura
W.P.L 6114421
SR 856 Lehman Causeway
Page 2 of 3
the Department for the amount of money in excess of the estimated project cost, subject to City
review and approval of any such excess as been reasonably and necessary.
3 (b). Upon final payment to the contractor for the entire project, the Department
shall, within one hundred eighty (180) days, furnish the City with two (2) copies of its final and
complete billing of all costs incurred in connection with the work performed hereunder. The final
billing shall show the description and site of the project; the date on which the first work was
performed or the date on which the last work was performed or the last item of billed expense was
incurred; and the location where the records and accounts billed can be audited. All cost records and
accounts shall be subject to audit by a representative of the City within (3) years after final billing by
the Department to the City.
4. In the event it becomes necessary for either party to institute suit for the
enforcement of the provisions of this agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and court costs. In the event of litigation, the parties agree that the law
of the State of Florida shall govern this agreement. Venue shall be in Miami-Dade County, Florida.
5. In accordance with the provisions of the Enhancement Project Grant, upon
completion of the aforementioned construction project, the City shall be responsible for the perpetual
maintenance of the physical barrier to be constructed pursuant to this agreement.
6. The City shall, by the issuance of a resolution by the City Commission ratify
this agreement. Such resolution will be hereby attached to this agreement as Exhibits B.
7. Notices: All notices, requests, demands, consents, approvals and other
communication which are required to be served or given hereunder, shall be in writing and shall be
sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to
the party to receive such notices as follows:
To Department:
Florida Department of Transportation
1000 Northwest 11 lth Avenue., Room 6207
Miami, Florida 33172-5800
Attention: Director of Production
To City:
City of Aventura Government Center
2999 Northeast 191th Street, Suite 500
Aventura, Florida 33180
Attention: City Manager
City of Aventura
W.P.I. 6114421
SR 856 Lehman Causeway
Page 3 of 4
Either party may, by notice given as aforesaid, change its address for all subsequent notices.
Notices given in compliance with this section shall be deemed given when placed in the mail.
8. This Reimbursement Agreement is the entire agreement between the parties hereto
and all previous negotiations leading thereto, and it may be modified or amended only by mutual
consent of the parties in writing and evidenced by the District Secretary and the City Commission
and spread upon their minutes.
9. Nothing in this Agreement shall be construed to violate the provisions of section
339.135 (6)(a), Florida Statutes (1997), which provides as follows:
The Department, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made
in violation of this subsection, is null and void and no money may be paid on such contract. The
Department shall require a statement from the Comptroller of the Department that funds are available
prior to entering into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of a contract for periods exceeding one year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of $25,000 and which have a term for a period of more
than one year.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year
above written.
City of Aventura
W.P.I. 6114421
SR 856 Lehman Causeway
Page 4 of 4
CITY OF AVENTURA,
FLORIDA
BY ITS CITY COMMISSION
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION
BY:
CITY MANAGER
BY:
DISTRICT SECRETARY
ATTEST:
CITY CLERK
ATTEST:
EXECUTIVE SECRETARY
Approved as to legality:
City Attorney's Office FDOT District General Counsel's Office
EXHIBIT "A"
The project consists of the reconstruction of part of the north frontage road parallel to State Road
856 (Lehman Causeway), between West Country Club Drive and East Country Club Drive.
Included is the construction of concrete curb and gutter and drainage system with exfiltration
trenches. The length of the project is approximately 2,624 feet.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, C~fvlCg~, ~
~ii~ ~:r %1 ~ r~cr~a'rf;, D %r8 .~__.~Co m mu nit, S ervice~
Attached Resolution Authorizing the City's Challenge Grant
Application for the County Safe Neighborhood Parks Bond Program
November 17, 1998 City Commission Meeting Agenda Item ~7~
Recommendation
It is recommended that the City Commission adopt the attached resolution authorizing
the Safe Neighborhood Parks (SNP) Bond Program Challenge Grant Application with
Miami-Dade County for $1,027,100.00.
Background
The City applied for a Challenge Grant from the Miami-Dade County (SNP) Bond
program in the amount of $1,027,100.00 for the acquisition of Aventura Waterfront Park
(the Huber Tract). The Citizens Oversight Committee and the Miami-Dade Board of
County Commissioners have approved the City's application for this fifty-percent
matching funds grant. Funding for this project is expected to become available in early
1999, as soon as the bonds are sold. This grant is for acquisition only, and additional
funding from other sources could be available for development, depending on the
facilities planned for this park.
RMS/gf
Attachments
RMS98110
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE
ATTACHED SAFE NEIGHBORHOOD PARKS
CHALLENGE GRANT APPLICATION AS DESCRIBED IN
EXHIBIT "A" BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT
OF ONE MILLION TWENTY SEVEN THOUSAND ONE
HUNDRED DOLLARS ($1,027,100) FROM THE MIAMI-
DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND
PROGRAM; AND AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the citizens of Miami-Dade County have authorized the issuance of
general obligations bond (the "Bond") for the purpose of financing capital improvement
programs for certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami-Dade
County Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance
(the "County Ordinance"); and
WHEREAS, it is necessary and desirable to improve the quality of life, to benefit
property values, to promote prevention of juvenile crime by providing positive
recreation opportunities, and to improve the recreation facilities for youth, adult, and
senior citizens in the community through the improvement of our parks and natural
areas; and
Resolution No. 98-__
Page 2
WHEREAS, in order to foster those important values, the projects more
specifically listed below have been identified for reimbursement pursuant to the terms
of the County Ordinance.
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 make application for a
grant for the project as described in Exhibit "A" and in the amount listed below, and in
connection with such application to execute such grant agreement and other contracts
and documents, to expend Safe Neighborhood Parks bond funds received for the
purposes described in the funding request, to execute any necessary amendments to
the grant application and contracts, and take such other acts as may be necessary to
bind the City of Aventura ("the City") and accomplish the intent of this Resolution.
Application shall be made with respect to each of the following project (the "Project") in
the amounts set forth below.
GRANT TITLE:
YEAR ONE FUNDING:
TOTAL GRANT:
Aventura Waterfront Park
$1,027,100
$1,027,100
Section 2. The City shall complete the Project in accordance with the terms of
the grant agreement, the Ordinance, and the administrative rules authorized by the
Citizens' Oversight Committee (the "Committee") to implement the Ordinance. If the
total cost of the Project exceeds the value allocated in the grant, then the City will
Resolution No. 98-
Page 3
provide any supplemental funds required to complete the Project. In the event that
supplemental funds are necessary for completion of the Project, as the point in time
that it is known that supplemental funds have been committed to the Project prior to
and as a condition of disbursement of further disbursement of grant funds. The
requirement for the City to provide any supplemental funds required to complete the
project may, at the sole discretion of the Committee, be modified in whole or in part by
a reduction in scope of work consistent with the Ordinance.
Section 3. The City recognizes and directs that any beach, park, or other public
facility acquired, developed, rehabilitated, or restored with bond funds, including the
Project, shall be open and accessible to the public without discrimination as to race,
color, gender, age, religion, belief, residence, natural origin, marital status or disability.
Section 4. To the extent allowed by law, the City shall commit any and all funds
which may be required to operate, maintain and provide programming at the Project
upon its completion.
Section $. No substitution in capital project funding by the City shall occur as a
result of the grant for which the City is applying.
Section 6. The City Manager is hereby authorized to do all things necessary
and expedient in order to carry out the aims of this Resolution.
Section 7. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 98-.__
Page 4
The foregoing Resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Safe Neighborhood Parks (SNP) Bond Program
Challenge Grant
Application Form
TYPE APPLICATION (Check Only One)
( x ) Natural Areas & Open Space Land Acquisition
( ) Land Acquisition/Construction/Development of Youth Recreation &
Service Facilities
II.
APPLICANT INFORMATION
A. Applicant (Agency Name). city of Aventura
Joint Applicant Name (If Applicable). N/A
Contact Person Robert 14_ .qh~rman Title Director of Ca3nnmmity Services
Mailing Address 2999 NE 191 Street, Suite 500
City Aventura
State FL
Zip Code 33180
Telephone (3O5) /+66-8930 Fax (305) 666-8939
Applicant/Joint Applicant Certification
I hereby certify the information provided in this application and any
attachments is true and accurate. I further certify that I possess the authority
to apply for this grant on behalf of the applicant/joint applicant.
Signature of Autho_'.ri~d~_epre~ntative / Dat~
Eric M. Soroka, City ~er
Signature of Authorized Representative
(Joint Applicant)
Date
GRANT OVERXrlEW
A. Grant Title (Park Nme) Aventura Waterfront Park
IV.
Grant Details
A. Cost Estimate and Expenditure Schedule for SNP grant funds
(round to the nearest hundred); budget on cash basis.
TOTAL [~i~¢~!i~i
FY 98-99 FY 99-00 0041 SNP Grant ......
PLANNING* l
DESIGN*
PROIECT ADMINISTRATION*
LAND/BLDG ACQUISmON 2.750.000 1,375.000
CONSTRUCTION 0i~t below by '~" '!:.,'.'v~ ~
element with quantifies):
[{~ .............................
· construction contingency
(see B below) [:::~:~:~:~,s~:~:::~J~
Total
Construction : :s~4~..,: ¥.:.:.:~.. ,,~ ........
ART ALLOWANCE [::::-:~:"*:~ :" :~
(for Mianu-Dade County only)
t:~.~: ~,~,?~*~ ~ .....
FIXTURES, FURNISHINGS, l:~:*:..~::::: ::::::::::::::::::::::::::~-~
OTHER COSTS 0ist below): '~" ~' '" '" "
PROJECT CONTINGENCY**
EXPENDITURE TOTALS 2,750,0012 1,375,000
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICEOFTHEClTYMANAGER
MEMORANDUM
City Commission
Eric M. Soroka, Cit~'~
November 6, 1998~
Ordinance Establishin
estrictions Upon Variances to Prohibit
Action Prior to Abatement of Violation
Ist Reading November 17, 1998 City Commission Meeting Agenda Item
2nd Reading December 15, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
As requested at the October Workshop Meeting, it is recommended that the City
Commission adopt the attached Ordinance establishing restrictions relating to variances
to prohibit action prior to the abatement of a violation.
BACKGROUND
The Ordinance provides that in the case in which work has been done or a use has
been established without the required building permit, a variance and other
development approvals, the matter will not be considered by the City Commission
unless the violation is corrected.
In addition, the Ordinance provides that in the case in which development approval was
obtained but the conduct of work or the use is not in compliance with the development
order, the matter will not be considered by the City Commission unless a bond has
been posted with the City. The bond will be used to correct the violation in the case the
City Commission denies the variance request.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0670-98
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 34
"PLANNING AND ZONING", AMENDING ARTICLE IV
"ZONING" AT DIVISION I "GENERALLY" TO CREATE
SECTION 34-95 "RESTRICTION UPON VARIANCE AND
OTHER DEVELOPMENT APPLICATIONS"; TO PROHIBIT
ACTION UPON APPLICATIONS PRIOR TO ABATEMENT
OF VIOLATION; REQUIRING REMOVAL BOND UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE
WHEREAS, the City Commission finds that it is appropriate to amend the City's
zoning regulations so as to provide for the abatement of any zoning violation which resulted
from work done or activities undertaken without a permit, prior to consideration of an
application for a zoning variance or other approval conceming such work or activities, or to
require posting of a removal bond in certain circumstances; and
WHEREAS, in accordance with Section 34-1 of the City Code, the City Commission
has been designated as the local planing agency for the City pursuant to Section 163.3174,
Florida Statutes; and
WHEREAS, the City Commission has reviewed this ordinance and has determined
that the regulations provided herein are consistent with the applicable provisions of the
Comprehensive Plan of Miami-Dade County, Florida as made applicable to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
~_1. That Section 34-95, "Restriction Upon Variance and Other Development
Applicati°nsl' of Division I "Generally," of Article IV "Zoning" of Chapter 34 "Planning and
Zoning", of the City Code, is hereby created to read as follows:
Ordinance No.
Page 2
Section 34-95. Restriction Upon Variance and Other Development Applications.
(a) Under those circumstances in which work has been done or a use has
been established or conducted without obtaining the necessary
building permit or development order, no application for a variance,
special exception, special permit, unusual use, new use or site plan
approval (the "Approval") related to such work or to such use may be
considered by the City Commission, unless the zoning violation which
resulted from the conduct of such work or the establishment or
conduct of such use, is first abated and removed, so as to remedy the
violation of the City's zoning ordinances. Abatement and removal is
required prior to the application being heard by the City Commission
pursuant to Section 34-32 of the City Code.
(b) Under those circumstances in which a permit or development order
was issued for the conduct of work or the establishment or conduct of
a use, but which nevertheless gives rise to the necessity for an
Approval application because of non-compliance with permit or
development order conditions or othenNise, no Approval application
shall be heard by the City Commission pursuant to Section 34-32 of
the City Code, unless the applicant has first posted with the City a
satisfactory surety or cash bond. The bond shall be in a form
Ordinance No. 98-__
Page 3
approved by the City Attorney, in an amount of penal sum approved
by the City Manager, and shall provide for removal of the structure,
facility or the cessation of the use which gave rise to the zoning
violation necessitating the Approval application, upon denial of the
application.
Section 2. Severabili~. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3, Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first 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 Ken Cohen
Commissioner Jeffrey M. Perlow
Ordinance No. 98-._
Page 4
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
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 Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of November, 1998.
th
PASSED AND ADOPTED on second reading this 15 day of December, 1998.
A'I-FEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-FORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
TO:
FROM:
BY:
DATE:
SUBJECT:
MEMORANDUM
City Commission .~
Eric M. Soroka,~t!)c~ger
Robert M. Sherman,
November 9, 1998
iCommunity
Services~
Attached Resolution Authorizing Work Authorization No. 97-167-A to
O'Leary Design Associates for the Landscape and Street Lighting
Design of N.E. 190th Street
November 17, 1998 City Commission Meeting Agenda Item .~-~
Recommendation
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the attached Work Authorization to O'Leary Design
Associates for the landscape and street lighting design of N.E. 190~h Street for the
amount of $46,380.00.
Background
This Work Authorization is for the design, preparation of contract and construction
documents, bid forms, and construction administration for the landscape and
streetscape improvements of N.E. 190th Street. Planned improvements include planting
coconut palms and installing decorative street lighting on both swales, and installing
illuminated street signs. The budget for this project is $775,000.00 and we anticipate
advertising for competitive bids in January, 1999.
If you have any questions or need any additional information, please feel free to contact
me.
RMS/gf
Attachments
RMS98111
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 97-167-A FOR PROFESSIONAL
LANDSCAPE ARCHITECT SERVICES FOR N.E. 190TM
LANDSCAPING AND STREET LIGHTING BY AND
BETWEEN THE CITY OF AVENTURA AND O'LEARY
DESIGN ASSOCIATES, P.A. FOR THE AMOUNT OF
$46,380; 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 to execute the attached
Work Authorization No. 97-167-A in the amount of $46,380 for professional landscape
architect services by and between the City and O'Leary Design Associates, P.A.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
., who moved its
, and upon being put to a
vote, the vote was as follows:
Resolution No.
Page 2
Commissioner Jay R. Beskin
Commissioner Arthur Berger
Commissioner Ken Cohen
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17thday of November, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT
WORK AUTHORIZATION NO.98-167-A
N.E. 190TH STREET
LANDSCAPING AND STREET LIGHTING
FOR
AVENTURA, FLORIDA
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
O'LEARY DESIGN ASSOCIATES, P.A.
OCTOBER 22, 1998
EXHIBIT 'A'
WORK AUTHORIZATION NO. 98-167-A
N.E. 190TH STREET
LANDSCAPING AND STREET LIGHTING
FOR
AVENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
PREAMBLE
Consultant proposes to provide professional services associated with the completion of plans and
contract documents for N.E. 190th Street, from N.E. 29th Avenue to the eastern terminus of N.E.
190th Street, as follows:
I)
Landscape Architectural Services
A) Contract Documents
1) Complete detailed landscape plans.
2) Complete detailed irrigation plans for the two (2) easternmost
median islands and for the South side right-of-way adjacent to N.E.
29th Avenue, including retrofitting the existing irrigation system, as
needed.
3) Complete plans for the south right-of-way sidewalk extension at
N.E. 29th Avenue.
Details for illuminated street signs.
Complete specifications suitable for bidding.
4)
5)
B) Bidding Phase
~)
2)
c)
Assist the City of Aventura in securing competitive bids.
Evaluate bids and make recommendation to City Manager.
Construction Administration Phase
1)
2)
3)
4)
5)
6)
Attend pre-construction "kick-off" meeting.
Attend on-site construction meetings, as needed.
Review and approve contractor shop drawings.
Complete final inspection and final punch-list and issue ~Notice of
Acceptance' to contractor.
Secure all warranties and operating manuals and remit to City.
Prepare "as-built" plans documenting deviations and or additions to
contract plans.
II) Electrical Engineering Services (by Bailey Engineering Consultants).
O'LEARY DESIGN ASSOCIATES., P.A.
Landscape Architects
WAGE RATE CERTIFICATION
DATE: OCTOBER 22, 1998
PROJECT NUMBER: 98-167-A
PROJECT: lg0th STREET LANDSCAPING
AND STREET LIGHTING
AVENTURA, FLORIDA
PROJECT MANAGER: WILLIAM A. O'LEARY
TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES
TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATE DOLLARS
1. PROJECT MANAGER 128 95 $ 12,160.00
2. LANDSCAPE ARCHITECT 184 80 $ 14,720.00
TOTAL HOURS
TOTAL DOLLARS $ 26,880.00
REIMBURSABLE EXPENSES
SUB-CONSULTANT'B'
SUB-CONSULTANT'C'
SUB-CONSULTANT'D'
TRAVEL
)RINTS/G RAPHICS/INCIDENTALS
EST. COST RELATED
PRINT NO.
$ 1,500.00
$ 1,500.00
TOTAL REIMBURSABLE EXP.
DIRECT EXPENSES:
SUB-CONSULTANT 'A'
(ENVIRONMENTAL AUDIT)
SUB-CONSULTANT 'B' ARCHITECT
SUB-CONSULTANT 'C' ELECTRICA
SUB-CONSULTANT 'D' GRAPHICS
$ 18,000.00
$ 18,000.00
$ 26,880.00
$ 46,380.00
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY WAO
APPROVED BY: WAO
10/22/g8
10/22/98
WORK AUTHORIZATION NO. 98-167-A
The City of Aventura has requested Work Authorization No. 98-167-A, as provided for in the
agreement between the City of Aventura and O'Leary Design Associates, P.A. and approved by
the City Commission on August 20, 1996.
This Work Authorization No. 98-167-A provides for Landscape Architectural services in
accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services
Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are ............ $18,000.00
Total estimated direct expenses are ............ $26,880.00
Total estimated reimbursables are .............. $ 1,500.00
O'LEARY DESIGN ASSOCIATES, P.A.
By:.
William A. O'Leary, FASLA
ATTEST:
By:.
City Clerk
TERESA M. SMITH
APPROVED AS TO FORM
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
City Manager
ERIC M. SOROKA
day of. ,19
By:¸
City Attorney
WEISS-SEROTA-HELFMAN
Notice to Proceed Yes No
Project Initiation Date
RECOMMENDED through its
COMMUNITY SERVICES DIRECTOR
By:
Community Services Director
ROBERT M. SHERMAN
__day of ,19__
October 15, 1998
'Mr. William O'Leary
O'Leary Design Associates, P.A.
Oak Plaza Center
8525 S.W. 92~d Street, Suite Cll
Miami, FL 33156
Roadway Lighting on NE 190t~ Street
Aventm% Florida
Dear Mr. O'Leary:
We are pleased to submit our proposal for electrical engSneehng sen4ces for the above project. Our services shall
include the following:
Completed tracings of drawings for the work, covering all phases of our design, in accordance with a
format determined by you, including final project specifications.
Coordination with FP&L for electric service requirements.
Final cost estimate for the work peffonned under this agreement. Attend meetings to answer questions
relevm~t to our design.
4. Services dm:lng bidding.
5. Shop drawing review.
6. Site visits during construction.
Our scope of services shall include NE 190~ street from NE 29~ Avenue and extending east approximately 0.5
miles. The length of the project will involve strictly roadway lighting fixtm'es. Our fee for this work shall be
$18,000.00, payable as follows:
When Plans are 50% Complete
When Plans are 80% Complete
When Plans are 100% Complete
Item 4 Complete (Construction Progress)
Item 5 Complete (Construction Progress)
Item 6 Complete (Construction Progress)
$ 6,000.00
$ 3,6O0.00
$ 2,400,00
$ 2,300.0O
$ 1,800.00
$ 1,900.00
Very truly yours,~/ .~
St~ollen E. Bailey, P.E.
ACCEPTED DATE
F 19895D~.wpd
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ¢
Resolution Accepting the Dedication of Yacht Club Drive, Portion of
N.E. 207th Street and Park Property
November 17, 1998 City Commission Meeting Agenda Item ~7 _/~--
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution, which
accepts the dedication of Yacht Club Drive, portion of N.E. 207th Street and park
property from Coscan Florida, Inc. The acceptance of the roadway is in accordance
with the private road conversion policy previously adopted by the City Commission.
BACKGROUND
The City Administration has been negotiating with Coscan for the conversion of the
subject property from private to public jurisdiction.
The City's acceptance of the roadway is subject to the following conditions:
1. Coscan will complete the second lift of asphalt on Yacht Club Drive.
Coscan contributing $25,000 towards the cost of upgrading the
streetlights.
The City providing directional signage on the intersection similar to
signage installed along Country Club Drive.
ThethCity will be installing decorative streethght~ng' ' and landscape improvements on N.E.
207 Street this fiscal year. The adoption of the Resolution will continue to implement
the private road conversion program and provide additional public parkland
opportunities for our residents.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0671-98
RESOLUTION NO. 98-
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, PROVIDING FOR
ACCEPTANCE OF DEDICATION OF PUBLIC ROAD
RIGHT OF WAY FOR NORTHEAST 207TH STREET AND
YACHT CLUB DRIVE IN THE CITY OF AVENTURA;
AUTHORIZING CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION;
AUTHORIZING ACCEPTANCE OF DEDICATION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the developers and owners of property adjoining a portion of public
roads planned for Northeast 207th Street and Yacht Club Drive, have expressed an
interest in dedicating private property and roads to constitute a portion of Northeast
207th Street and Yacht Club Drive as public roads, and to dedicate an existing park
parcel, within the City of Aventura; and
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the dedication of Northeast 207th Street and Yacht
Club Drive as a public road, and to accept the park dedication;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the proposed dedication of the park parcel, and of Northeast
207th Street and Yacht Club Drive, as indicated on Exhibit "A" attached hereto, is
hereby approved by the City Commission, subject to the requirements of this
Resolution.
Section 2. That the City Manager is hereby authorized to obtain the Dedication
of the park parcel and the lands which are to be dedicated for public road purposes as a
portion of Northeast 207th Street and Yacht Club Drive. Upon approval by the City
Attorney as to the legal form and sufficiency of the Dedication and instrument of
conveyance, the City Manager is hereby authorized, on behalf of the City, to execute
and implement such Dedication and to accept the conveyance and dedication of the
park parcel, and the public right of way for Northeast 207th Street and Yacht Club Drive.
Section $. That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 4. That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M. Perlow
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
ARTHUR I. SNYDER, MAYOR
Al-rEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
B: ui WoLv &RENNERT
PROFESSIONAL ASSOCIATION , ATTORN£Y~; AND COUNSELORS
November 12, 1988
¥1AU.S.M&IL
David Wolpin, Esquire
Weiss, Scrota & Helfman
2665 South Bayshore Drive
Suite 420
Miami, Florida 33130
Re: Coacan/l'he Waterwaya
Dear David:
Pursuant to your request, attached is a draft of the proposed Quit Claim Deed and
Exhibits from The Watemvays Community Association to the City of Aventura.
The legal description is beilqg reviewed by Coscan's surveyor,
As we discussed, since it is a Quit Claim Deed, I do nat feel it neCessary to
separately list the parcels with respect to which easement fights only are being conveyed.
y/cry truly,
HJV/th
Enclosure
cc: Mr. Robert C, Ackerman (via fax w/o encl,)
Nation, Batik Tower at International Place · I00 Southeast Second Street · 5uit~ 3500 · Miami · florida 33131-2130
Offtee (305) 577-4177. Fax (305) 373-6036
NOV. 13.199~ 1E:23PI~ BI~ NO.4E5 P.3/21
~his Instrumem prepered by:.
Hmarall:l d. Vogel, Esq.
I~ERMAN WOLFE & RENNERT, P.A.
100 S.E. 2ncl StTeet, Suite 3500
Miami, Pierlda 331:31
Property Appraiser's ~
Identification No. ~
Grant~e's Tax Payer's Identifl-
cation No.
THI.~ DEED, maele this day of November, 1998, by THE WATERWAYS
COMMUNITY ASSOCIATION, INC.,'----a Florida corporation, ("Grantee"), whose post office
address is 20B03 Biscayr~e Boulevard, Suite 103, Aventura, Florida, 33180. ("Grantor"),
whose post office address is 20809 BIs~ayne Boulevard, Suite 103, Aventura, FIodda 33180,
and THE CITY OF AVENTURA, FLORIDA, a municipal corporation ("~rantes"), whose post
office address is 2999 N. E. 191 Street, Suite $00, Aventura. Plorida, 33180.
WITNESSETH, that ~ralltor, for and in consideration ef the sum of Ten ($10.00)
Dollars in hand paid by Grantee and other valuable considerations, the re:eipt whete~'f is
acknowledged hereby grants, bargains asd sells to t/le said Grantee and to Grantee's heirs
~nd assigns, forever, ali of Grantor's fight, title and interest in and to the land in the County
of Miami-bade, State of Flodda, described as f~ll~ws:
See attached Ezhibit "A".
' ursuant to Sections 4,02 end 4.04,4 of the Declaration of Covenants_, Cond!tion.s,
Restrictions, Easements, Charges and Liens - The Waterways, recorde~ Decemoer ~,
1983, in Official Records Book 11984, Page 300, as amended, in the Public Records of
Miami-Dado County, FIori¢la (the "Declaration"), this conveyanc® is made subject to the
following: The Grantee, by its joinder in this Deed, hereby assumes all of the Grantor's
responsibilities for the maintenance, repair and replacement of the psving, related curbs and
traffic signals constituting and connected with N.E. 207~ Street, N.E. 34m Avenue, and YaCht
Club Drive, except that traffic signal responsibility may be further trane{erred by the City to
and aesumed by Mien'hi-bede County, Flodde, pursuantto its preemptive traffic signal control
jurisdiction. The Grarltee also hereby assumes all of the Grantor's responsibilities for the
maintenance, repair and replacement of landscaping, lighting, sidewalks, see wa/is an(J rip
rap areas, peri( areas and facilities, directional signs and design features installed within the
i~os conveyed hereby- In order to preserve and enhance the properly value and amenities
of tho Development, the properties conveyed hereby and all ta~illties now and hereafter built
or installed thereon, shall at all times De maintained in good repair and condition and sha/I
~3e operated in aocordallce with high standards, except that Grantee shall have nc greater
liability in contract, tort or otherwise for the maintenance, repair or operation of the lands
conveyed hereunder than G~ntee ha~ for all other public right-of-way or transpsrtet{on
facilities which are to be maintained by Grantee. The Grantor shall have the dght, upon
reasonable prior written notice to the Grantee, to institute legal proceedings seeking
HOV. 13. :l~ 12: ~4Pt'l ' SLdR NO. 4~_5 P.
injunctive relief and specific peffomlance if it determines that such properties, including,
without limitation, Mndseaped areas, are being maintained at a level (a) belcwthat at which
they were being maintained by the Association at the time immediately prior to the
conveyance thereof to the Grantee er (b) below tllat of any other ~imilar properties which
are, from time to time, being maintained by the Grantee. If there is a dispute between the
Grantor and the Gl~ntee regardlrlg whether su=h prepe~lies are i3eing maintained at the
standards set forth above, the prevailing party in any such dispute shall be entitled to
recover its reasormble costs ,,nd expenses, including without limitation court costs and
reasonable affomeys' fees, at trial and appellate levels, as awarded by a court of
competent jurisdiction. Grantor reserves such sesame,s over the properties ¢enveyed
hereby as may be necessary or desirable fer existing and futtJre utility facilities servicing
all or various portions of "The Waterways" development, including, without limitation,
easements for cable talevlsign fa,-ilitlas. Gralltee, by acceptance of this Deed, agrees,
upon the request of Grantor, to execute ell further instruments which may be reasonably
required for the effective granting oi' ¢cnveyarlce of any such easements.
The lollewing rights ere hereby specifically reserved: (1) easements [n favor of
Grantor for maintenance of walls and landscaping located adjacent to the above-deacribec~
properties; (2) the right of Grantor to approve all advertising, c~irectlonal and other sign~ge
to be installed within the above-described preperty; and (3) all other easements and rigllts
reserved in raver of Gl'enter and any thircl parties under the Declaration.
IN WITNESS WHI~REOF, the Grantor has executed this instrument tiaa day and year
first above written.
Signed, sealed and delivered
in the presence of:
THE WATERWAYS COMMUNITY
ASSOCIATION, INC., a Florida corporation
not-for-profit
P~nt Name:
Print Name:
By:
Roberts T~cher, President
(Corporate Sesl)
~0¥.13.1998 12:~4PM BIWR H0.4~5 P.5/E1
,STATE OF ~:LORIOA )
COUNTY OF MIAMI*DADE)
The foregoing ir~strument was aeimewledged before me on this ~ d~y of
November, 1998, by ROSERTA TACHER, as President of THE WATERWAYS
COMMUNITY ASSOCIATION, INC., a Florida corporation not.for, profit, on behalf of the
corporation. She is personally known to me.
Print Name~
Notary Public, State of Florida
(SEAm)
My Commissiarl Expires:
MOV. 13.1998 I~:~PM BWR HO.~5 P.6x~I
ACKNOWLEDGMENT, CONSENT AND ACCEPTANCE
The undersigned hereby acknewledges, consents, accepts and agrees to the terms
of the foregoing Quit-Claim Deed.
IN WITNESS WHEREOF, the foregoing instrument was executed this ~ day of
November. 1998.
THE CITY OF AVENTURA, FLORIDA, .a
municipal corporation ("Grantee"),
Print Name:
Print Name:
By; _
, 2999 N. E. 191 Street, Suite 500.
Florida, 33180.
Aventura,
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
The foregoing Acl(nowledgment, Consent and Ac;eptance was acknowledged
before me on tills _ day af November, 1998, bY, . _as _ofTHE CITY
OF AVENTURA, FLORIDA, a municipal co~oration on behalf of the co~oratien. He/She
is personally know~l to me.
Print Name:
Notary Public, State of Florida
(SEAL)
My Commission Expires:
[Attach Legal Descriptions]
MO¥. 13.1998 1~: ~SPM
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11/11/98 ~]~I) 16:12 FAX 305 854 2323 WEISS SEROTA & HELF~IAN [~002
DRAFT
November ~, 1998
The City of Aventura
,2999 N.E. 191'~ Street. Suite 500
Aventura, FL 33180
Re: Conveyance of Roads
Ladies and Gentlemen:
This letter, upon being countersigned by you ~'and by Coscan I;larida.
will evidence the following agreements and understandings between us, which were entered into
In connection with that certain Quit Claim Deed, of even date herewith, from The Waterways
Community Association. Inc. (the "Asso=lation") to The City of Aventura, Florida (the "City"),
conveying the Association's interest in certain roads and adjacent parcels located in The
Waterways development:
In tatum for the City's acceptance of the Quit Claim Deed, ~
~ agrees to complete cen~truotion of the second lift of asphalt on Yacht
Club Drive. The City shall notify the-~a.~-,tafie~ ~ in writing within thirty
(30) days after commencement of construction of the road work at the Intersection
of Yacht Club Drive and 213'~ Street (which work is being performed by a third
party). Thereafter, subject to force majeure, ~ ICes=chi agrees to
complete the work on Yacht Club Drive within thirty (30) days after we-have ~
has~ been notified in writing that the work at the intersection of 213~ Street has
been completed,
:Fhe-As.~eeteli~ [.~ agrees to contribute $25,000 towards the cost of
upgrading lighting along Yacht Club Drive, The timing of this contribution shell
coincide with the installation of the upgraded lighting by the City.
The City agrees to install, at its expense and as soon as reasonably passible,
directional signage of the intersect:ions of Northeast 203'" Street and Northeast 34~
Avenue, and Northeast 207~ Street and Northeast 34"~ Avenue, which shall be
similar to the directional $ignage recently installed by the City in similar
communities.
t
The City agrees to reimburse the Association for the sum of $.,
representing various utility charges[.] which were paid by the Association for
properties owned by the C~-
11/11/98 ~ED 16:1~ F~I 305 854 23~3
The City of Aventura
November 11. 1998
Page 2
~EI$$ SEROTA & ItELF~AN
003
~faeeia~ml'. and to DrOrn_Dth/. t~ansfer ="~h- utilities to its own
These ex_aenses were ultimately mid by C@~_e~_.q is ~art of lb deft=it fund!.-.-
obli&ttioes_to the Association and. In liou of relmbur~#jn~nt to the
Ass,~¢iatlon. may be offset by _r~-e..] against sums owed to the city pursuant
to paragraph 2 above.
The Aesociation aorees to f~rr~h the City with an i~._-_-e_efi_~_q reaort
these ear#ohs of the seawall whk~h are adiaeent to Yacht ClubDrive
which are Included in the =onvevanees to the City. The Ass,~_~t[,~.n will
orom_~tlv rnn.-~lr an_v daf~Bcts which the ra_oort I~:di~-nbs _nr,~.,~ .r_.~,o,~.
THE WATERWAYS COMMUNITY ASSOCIATION,
INC.
Print Name:
Tit[e:
A~knowledged and Agreed To:
THE CITY OF AVENTURA, FLORIDA
By:
Print Name:
Title:
I'COSCAN FLORID. A~ INC.
Albert C. P.l~~'-a. President1
11/13/98 FRI 16:46 FAX 305 654 2523 ~EI$$ SEROTA & HELI:~AN ~002
EIGHTH AMENDMENT AND SUPPLEMENTAL DECLARATION
TO
DECLARATION OF COVENANTS. CONDITIONS.
R~STRICTIONS. EASEMENT$.~HARGES AND UENS
THE WATERWAYS
THIS EIGHTH AMENDMENT is made as ofthls ,, day of November, 1998
by Cescan Florida, Inc., a Florida corporation, to that certain Declaration of
Covenants, Conditions, Restrictions, Easements, Charges and Liens - The
Watel~vays (the ."Declaration") ont.,umbering that ~ertain real property
particularly described on Exhibit "A" attached ,hereto and made a part hereof, line
"Property"). Un,less the context othe~vise requires, any capitalized term not d ,erln..ed
but used heretn shall have the meaning given to such word or wores In tne
Declaration.
WHEREAS:
A, On November 23, 1983, City National Bank of Miami, as
Tl~lstee under Trust Agreement date~! March 15, 1968 and known as Trust No. 2-
550-6 (q'rustee"), executed the Declaration which was recorded on December 1,
1983 in Official Records Book 11984, Page 300. ofthe Public Records of Miami-
Dede County, Florida: and
B. On April 26, 1984, the Trustee executed the First Amendment
and Supplemental Declaration to the Declaration ("First Amendment'), which was
recorded on May 23. 1984 in Official Records Book 12156, Page 957, of the Public
Records of Miami-Dodo County, Florida; and
C, On October 28, 1984, the Trustee and the Waterways
Community Association. Inc, ('Association') executed the Second Amendment and
Supplenlental Declaration to the Declaration ("Second Amendment"), which was
recorded on November 1, 1984 in Official Records Book 12314, Page 1118, of the
Public Records of Miami-Dado County, Florida; and
D, The Trustee's rights under the Declaration were assigned to
Costain Florida, thc,, now known as Coscan Florida, Inc., a Florida corporation (the
"Declarant"), by that certain Assignment of Declarant's rights dated April 4, 1985
and recorded oll April 16, 1985 in Official Records Boc~ 12479, Page 197.6, cf the
Public Records of Miami-Dado County, Flodda and Coscan Florida, Inc. is new the
"Declarant' under the Declaration; and
E. On February 19, 1986, Declarant executed the Third
Amendment to Supplemental Declaration to the Declaration ("Third Amendment"),
which was recorded on March 3, 1986 in Official Records Book 12808, Page 1129,
of the Public Records of Miami-Dodo County, Fh3rida; and
11/13/98 FRI 16:47 FAX 305 854 2323 WEISS SEROTA & HELF3iAN ~003
F. On January 29, 1988, Declarant executed the Fourth
Amendment and Supplemental Declaration to the Declaration ('Fourth
Amendment'), which was re~orded on February 25, 1988, in Official Records Book
13588, Page 571, of the Public Records of Miami-Dad,, County, Florida; and
G. On June 26, 1990, Declarant executed th-, Fifth Amendment
and Supplemental Declaration to the Declaration ("Fifth Amendment"), which was
recorded on August 16, 1990, in Official Records Book 14865, Page 1726, of the
Public Records of Miami. Dada County, Florida; and
H. On July 26, 1993, Declarant executed the Sixth Amendment
and Supplemental Declaration to the Declaration ("Sixth Amendment"), which was
recorded on September 23, 1993, in Official Records Book 16063, Page 3602, of
the Public Records of Miami-Dada County, Florida; and
I, On De=ember 23, 1996, Declarant executed the Seventh
Amendment and Supplemental Declaration to the Declaration ("Seventh
Amendment'), which was recorded on December 27, 1996, in Official Records B~ok
17474, at Page 4996, of the Public Records of Miami-Dada County, Florida. The
ndginal Declaration described above as amended by the First, Second, Third,
Fourth, Fifth, Sixth and Seventh Amendments shall be collesttvely designated
herein as the "Amended Declaration"; and
J. Section 14.06 of the Amended Declaration permits the
Declarant, without joinder, consent or approval of the Association, any Member of
the Association, or any other party (other than the Land Mortgagee), to execute and
record amendments to the Declaration; and
K. Deciarant arid the Association wish to amend the Amended
Declaration so as to medrfy the certain provisions of the Amended Declaration
which pertain to the roadway, parcels and other Common Properties in order to
facilitate the dedication or conveyance thereof to the City of Aventura or to the
Association.
NOW, THEREFORE, the Declarant, in aocordance with the provisions of
Section 14,06 of the Amended Deciaration, for itself, its successors and assigns,
declares the Amended Declaration shall be amended and supplemented in
accordance with the following:
1. The foregoing recitals are true and correct.
follows'.
Section 4,02 of the Amended Declaration is modified to read as
4.02 .'~le to Master Common pro_~ertles. Prior to
December 31, 1998, Declarant shall convey to the
2
11/13/98 FRI 18:47 FAX 305 854 2323 WEISS SEROTA & HELFMAN ~004
Association title to all or portions ortho Master Common
Properties described in Exhibits G-1 through C-6
attached hereto. The Association may thereafter convey
those portions of the Master Common Properties
described in Exhibits C-1 and C-6 to the City of
Aventura, Florida, subject, however, to the following
covenant, which shall be deemed to run with the land
and shall be binding upon the grantee, its successors
and assigns:
The Grantee, by its jolnder in this Deed, hereby
assumes all of the Granter's responsibilities for the
maintenance, repair and replacement of the
paving, related curbs and traffic signals
constituting and connected with N.E, 207= Street,
NE, 34~ Avenue, and Yacht Club Drive, except
that traffic signal responsibility may be further
transferred by the City to and assumed by Miami-
Dads County, Florida. pursuant to its preemptive
trafficsignal contreljudsdlcfion. The Grantee also
hereby assumes all of the Grantor's
responsibilities for the maintenance, repair and
replacement of landscaping, lighting, sidewalks,
sea walls and rip rap areas, park areas and
facilities, directional signs and design features
installed within the lands conveyed hereby, in
order to preserve and enhance the property value
and amenities of the Development, the properties
conveyed hereby and alt facilities now and
hereafter built or installed thereon, shall at all
times be maintained in good repair and condition
anti shall be operated in accordanco with high
sta~clards, ex~ept that Grantee shall have no
greater liability in contract, tort or otherwise for the
maintenance, repair or operation of the [ands
conveyed hereunder than Grantee has for all other
public right-of-way or transportation facilities which
are to be maintained by Grantee. The Grantor
shall have the right, upon reasonable prior written
notice to the Grantee, to institute legal
proceedings scc..~ng ihjune..tive relief and specific
performance if it determines that such properties,
including, without limitation, landscaped areas,
are being maintained at a level (a) below that at
which they were being maintained by the
Association at the time immediately prior to the
conveyance thereof to the Grantee or (b) below
that of any other similar properties which are,
11/13/98 FRI 16:48 FAX 305 854 2323 ~'EIS$ SEROTA & HELFI{AN ~005
from time to time, being maintained by the
Grantee_ If there is a dispute between the
Grantor and the Grantee regarding whether such
properties are being maintained at the standards
set forth above, th?. prevailip~
ceurt costs and reasonable attorneys' fees, at trial
and appellate levels, as awarded by a court of
competent jurisdiction. Grantor reserves such
easements over the properties conveyed hereby
as may be necessmy or desirable for existing and
future utility facilities servicing all or various
portions of "The Waterways" development,
including, without limitation, easements for cable
television facilities. Grantee, by acceptance of
this Deed, agrees, upor~ the request of Grantor, to
execute all further instruments which may be
reasonably required for the effective granting or
conveyance of any such easements.
Se~on 4.04.4 of the Amended Declaration is modified to read as
follows:
4.04.4 Vehicular access fo the Propel'by from the mad
systems of The City of Aventura. Florida, and Miami-
Dada County, Florida is aJong N.E. 207th Street
eastward from U.S. No. I and northward from N.E.
207th Street alol~g N.E. 34th Avenue, both of which am
dedicated roads. The legal descriptions of the portion
of N.E. 207t~ Street, lying east of N.E. 34"~ Avenue, and
N.E. 34a' Avenue, which are presently dedicated ar are
to be dedicated for said roads are attached hereto as
Exhibits C-6. Vehicular aacess within the Property is
provided by "Yacht Club Drive". which is also to be a
dedicated road, and which is described in attached
Exhibit C-1. Upon its acceptance of the dedication
thereof, The City c[ Aventura, Florida (the "City"), shall
assume the Association's responsibility far the
maintenance, repair and replacement of the paving,
related curbs and traffic signals constituting and
connected with N.E. 207th Street, N,E. 34th Avenue,
and Yacht Club Drive, except that traffic signal
responsibility may be further transferred by the City to
and assumed by Miami-Dada County, Florida, pursuant
to its preemptive traffic signal control jurisdiction. The
City shall also assume the Association's responsibility
4
11/13/98 FRI 16:49 FAX ~05 854 2323 WEISS SEROTA & HELFItAN ~006
for the mail~tenance, repair and replacement of
lands=aping, lighting, sidewalks, sea walls and rip rap
areas, park areas and facilities, directional signs and
design features installed within the rights ~f way of said
roads and other property conveyed in ,~onnection
therewith. The Association shall have the right, upon
reasonable prior written notice to the City, to institute
legal pmceedthgs seeking [njun~ve relief and specific
performance if it determines that such properties,
including, without limitation, landscaped areas, are
being maintained at a level (a) below that at which they
were being maintained by the Association at the time
immediately prior to the conveyance thereof to the City
or (b) below that of any other similar properties which
are, from time to time, being maintained by the City. If
there is a dispute between the Association and the City
regarding whether such properties ara being maintained
at the standards set forth above, the prevailing party in
any such dispute shall be entitled to recover its
reasonable costs and expenses, including without
limitation court costs and reasonable attorneys' fees, at
trial and appellate levels, as awarded by a court of
competent jurisdiction.
4. The Amended Declaration is further amended to delete Section 4.05.3, in its
entirety,
5, Except as modified by this Eighth Amendment, the Amended Dec~aration and
the Bylaws are and shall remain in full force and effect ~.
IN WITNESS WHEREOF, the Declarant and the Association have executed this
Eighth Amendment to Declaration of C,,venants, Conditions, Restrictions and Easements,
Charges and Liens and affixed their seal this ~ day of November, 1998.
Signed, sealed and delivered
in the presence of:
COSCAN FLORIDA, INC,, a Florida
corporation
Print name:
Print name:
By: Albert C, Piazza, Pre'sident
(Corporate Seal)
11/13/98 FRI 16:49 FAX 305 854 2323 WEISS SEROTA & HELF}IAN ~007
STATE OF FLORIDA )
) Ss
COUNTY OF MIAMI-DADE)
The foregoing Instrument was acknowledged before me this __ day of November,
1998, by Albert C. Piazza, as President of Coscan Florida, Inc., on behalf of the
~orl3oration, He is personally known to me or produced a driver's If~ense as identification.
My ~ommission expires;
Nota~/Public, State of Florida
11/13/95 FRI 16:50 FAX 305 854 2323 WEISS SEROTA & HELF~N ~008
JQINDER AND CONSENT QF THE WATERWAYS
COMMUNITY ASSOCIATION, INC. TO THE EIGHTH AMENDMENT
AND sUPpLEMENTAL DECLARATION OF COVEN_~.N,T,e
~NDITIONS, RESTRICTIONS, EASEMENTS. CHARGES AND LIENS
THE WATERWAYS COMMUNITY ASSOCIATION, I NC,, a Florida corporation net-
for-profit, aoting through its President, Roberta Tocher, hereby joins in and consents to the
foregoing Eighth Amendment t= Declaration of Covenants, Conditions, Restrictions,
Easements, Charges and Liens.
IN WITNESS WHEREOF, the undersigned executed this joinder on the
day of November, 1998,
Signed, sealed and delivered
in the presence of:
THE WATERWAYS COMMUNITY
ASSOCIATION, INC.
Print name:
Print name:
By:
Roberta Tacher, President
(Corporate Seal)
STATE OF FLORIDA )
)ss
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this __ day of Noveml=er,
1998, by Roberta Tether, as President of The Waterways Community Association, Inc.,
a Florida corporation not-for-profit, on behalf of said association. She is I~ersonally known
to me or produced a driver's license as identification.
My commission expires:
Notary Public, State of Florida
7
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
City Commission ~
Eric M. Soroka, C~ g~r
Robert M. Sherman, D~'r~ toff Community Servi~
November 4, 1998
Bid No. 98-11-2-2, N.E. 207 Street Improvements
November 17, 1998 City Commission Meeting Agenda item
Recommendation
It is recommended the City Commission adopt the attached Resolution awarding Bid
No. 98-11-2-2, NE. 207 Street Improvements to the lowest responsible and responsive
bidder, Vila and Sons Landscaping, Inc. for the price of $1,076,924.86.
Background
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on November 2, 1998. All contract specifications were
reviewed by the Finance Support Services Director, City Attorney, and Landscape
Architect prior to advertising for bids.
The City received three bids for this project and were as follows:
Vila and Son Landscaping
Southeastern Engineering
M Vila and Associates
$1,076,924.86
1,115,623.70
1,123,229.35
This beautification project encompasses new landscaping, irrigation, and decorative
streetlighting in the medians and swales of N.E. 207 Street from Biscayne Boulevard to
the guardhouse of the One Island Way.
City Commission
November 3, 1998
Page Two
All of the palm trees will be uplighted. The existing landscaping on the south side of
N.E. 207 street between N.E. 34th Avenue and the guardhouse will be replaced to
accommodate the electrical work necessary to install the decorative streetlights,
however the existing bougainvillea hedge on the south side of N.E. 207 Street will be
preserved. Lighted streetsigns will be installed at the intersections of N.E. 29th, 30th
and 34th Avenue. This project is scheduled for completion in four months after the
"Notice To Proceed" is issued to the contractor by the City.
Vila & Sons has worked for The City of Aventura twice before, once as the prime
contractor for Aventura Boulevard, and as the landscape sub-contractor for Aventura
Founders Park. On both occasions there work was satisfactory and their financial
reports are on file with the City.
If you have any further questions or need additional information, please feel free to
contact me.
Attachments
RESOLUTION NO.__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AWARDING AND
LETTING A BID/CONTRACT FOR BID NO. 98-11-2-2, N.E.
207 STREET IMPROVMENTS, TO VlLA & SON
LANDSCAPING, INC., AT THE BID PRICE OF
$1,076,924.86; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 98-11-2-2, N.E. 207 STREET
IMPROVEMENTS; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Vila & Sons Landscaping, Inc., has
submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section1: That bid/contract for BID NO. 98-11-2-2, N.E. 207 STREET
IMPROVEMENTS, is hereby awarded to Vila and Sons Landscaping Inc., in the
Resolution No.
Page 2
amount of $1,076,924.86.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
.Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 001-80-539-6312.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by , who moved its
adoption. The motion was seconded by and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this 17th day of November, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Analysis on the Bid No. 98-11-2-2
(N,E. 207th STREET IMPROVEMENTS)
Bidders: Vila & Son Landscaping
Total of Base Bid: $591,807.60
Total of Base Bid Plus Allowance: $606, 807.60
Total of Additive Alternate No. 1: $470, 117.26
Total of Base Bid Plus Allowance
and Additive Altemate No. 1: $1,076, 924.86
Southeastern Engineering
$617, O85.7O
$632,085.70
$483, 537.65
$1,115,623.70
M. Vila & Associates
$623,001.95
$638,001.95
$485,227.4O
$1,123,229.35
Analysis: The apparent Iow bidder appears to be Vila & Son with Southeastem coming in second and M. Vila & Associates in third.
The difference between the first and second bid is approximately 3.6% or $38,698.84. The difference between the second
and third bidder is .7% or $7,605.65. Overall, the difference between the first and third bidder is approximately 4.3% or
$46,304.49. These numbers is a strong indicator that the bids are very competitive.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
TO:
FROM:
BY:
DATE:
SUBJECT:
MEMORANDUM
City Com misSiOmCi~t~o rr
Eric M. Soroka,
Robert M. Sher f Community Servic~
November 10, 1998
Bid No. 10-26-2, Municipal Transit Services
November 17, 1998 City Commission Meeting Agenda Item _~- ~
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 10-26-2, Municipal Transit Services to the lowest responsible and responsive
bidder, Red Top Transportation for the annual price of $224,500.00.
Background
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on October 26, 1998. All contract specifications were reviewed
by the Finance Support Services Director and City Attorney prior to advertising for bids.
The City received two (2) bids for this project and were as follows:
Red Top Transportation, Inc.
Handi-Van, Inc.
$ 224,500.00
271,140.00
This bid price provides public transit services on a fixed route basis five days per week,
Monday through Friday, starting at 8:45 a.m. and ending at 5:15 p.m., with a thirty
minute break period for the drivers. There will be three (3) buses operating
simultaneously in the City; one each in the south, central and north regions. Each
individual shuttle bus will stop at alternate locations each time they run their designated
route, thereby providing service to each condominium in the City. The north and central
routes can be completed every thirty minutes. The southern route can be completed
every forty-five minutes. We will be instituting a marketing plan advertising this service,
City Commission
November 10, 1998
Page Two
and will be coordinating bus drop-off areas within each condominium individually. We
anticipate this service to start in late December, 1998 or early January, 1999.
The bid award is for a two (2) year term, and all buses shall meet all applicable A.D.A.
standards, be in good repair, and have the Aventura seal prominently displayed at all
times. The vehicles will be twenty passenger, wheelchair accessible mini-buses. Red
Top Transportation carries the necessary insurance and holds the required Passenger
Motor Carrier certificate to operate transit services within Dade County. Currently, Red
Top operates a similar shuttle bus service for the City of Miami Beach and is a prime
contractor for Miami-Dade Transit Agency, providing public transit services, including
the South Dixie Shuttle and provides Medicaid transportation services within Dade
County.
If you have any questions or need any additional information, please feel free to contact
me.
RMS/gf
Attachments
RMS98112
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AWARDING AND
LETTING A BID/CONTRACT FOR BID NO. 98-10-26-2,
MUNICIPAL TRANSIT SERVICE, TO RED TOP
TRANSPORTATION INC., AT THE BIDPRICE OF
$224,500 PER YEAR; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT
THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR
SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 98-10-26-2, Municipal Transit
Service; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Red Top Transportation, Inc., has
submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Resolution No.
Page 2
Section1: That bid/contract for BID NO. 98-10-26-2, MASS TRANSIT
SERVICES, is hereby awarded to Red Top Transportation, Inc. in the amount of
$224,500 per year.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 001-5001-539-3455.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by , who moved its
adoption. The motion was seconded by and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Resolution No.
Page 3
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/'
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CITY OF AVENTURA
0ct-21-98 10:25A P.07
This is not an Order
BID FORM IAIternate Bid)
Attachment A-1
ADDENDUM NO. 1
TO
C~ .'FY OF AVENTUP.!'.
REQUEST FOR BIDS FOR
MUNICIPAL TRANSIT SERVICE
BID #-98-10-26-2
PROPOSED TOTAL ANNUAL PRICE TO BE PAID ElY THE CITY IN MONTHLY INCREMENTS,
FOR MUNICIPAL TRANSIT SERVICE FOR THE CITY OF AVENTURA FOR PROVIDING AN 8.5
HOUR DAY WITH A 30 MINUTE FIXED MEAL PERIOD WITHOUT PROVIDING SERVICE
DURING THAT TIME, WHICH TIME WILL NOT BE PAID 8Y THE CITY.
$ 18,708.3~
MONTH PERIOD
TOTAL FEE FOR EACH TWELVE
agree [o be bound by all terms and conctitions contained in this Request for 8id.
YES ~ NO *
I agree that the yearly Services amount as propose~l shall remain in effect for tr~e initial two
year term and any extensions of this agreement.
YES NO ¥ *
If "fiD" to any question, bidder must fully describe their Oroposed exception on
Attachmen! F.
BIDDER'S NAME:
COMPANY NAME:
ROBERTO ARENCIBIA ~
RED TOP TRANSPORTATION, INC.
A COACH USA COMPANY
Adrlenclum No. 1
Page 6
Coach USA
October 27, 1998
VIA FAX 305-466-8939
Mr. Glenn Marc. os
Purchasing Technician
City of Aventura
2999 N.E 191't Street.
Suite 500
Aventura, Florida 33180
Dear Mr. Mercos:
The purpose of this letter is to clarify the pricing component of the response to
"RFB For Municipal Transit Services Bid Number 98-10-26-2" submitted by Red
Top Transportation, A Coach USA company.
The proposed total annual price to be paid by the City in monthly increment.s, for
Municipal Transit Service for the City of Aventura is $257,400.gg. This is the
total fee for each twelve month period.
The proposed total annual price to be paid by the City in monthly increments, for
Municipal Transit Service for the City of Avenlura for providing an 8.5 hour day
with a 30 minute fixed meal period without providing service during that time,
which time will not be paid by the city is $224,500.00. This is the total fee for
each twelve month period.
Additionally, Red Top Transportation will not agree to extend the yearly services
amount beyond the initial two year term without the opportunity to evaluate the
status of the contract at that time. Thank you for the opportunity to clarify these
issues. If you have any additional questions, please do not hesitate to contact
ITle.
Sincerely,
Director of Contract and Government Relations
CC: Robert Arrancibia, Red Top Transportation
Pc.ce cie [eoq Btu eva~a, :c :~, 200 * Coo Gables, ;L 33,34
.~x 30544448:2 ° x ~s/,~,291443
10/30 ~. ~I 19:00 FAX 305 854 2~23 I¥EI$$ 5EROTA & HELF~A5 ~00!
WEIg$ SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
2(~5 South Bayshor~ Drive
Suite 420
Miami, Florida
Telephone (~5)
Telecopier (30~) 854-2323
RECEIVED
COMMUNITY SERVICE
CONHD~
TO:
FROM:
Mr. Bob Sherman
Comm. nity Services Director
City of Aventura
David Wolpin, Esquire
Fax: 466-8939
COIVlME~:
Re: Trlmsit ,%trice Bid
This shall con~Itl thnt ti~ City Cmmnl~lon ~ the authority to allow
e~nvification of ~ bidder's ~ of low bid ~s be/ng a monthly
unit r~e flg~e, which ff expressed as nmld~?~ied for a twelve (12)
month period (am~uai te~m) yields ~he imemted total amoum of
However, the Commission is not r~luired to allow such clarification,
but may do so at i~s d/scretion.
The infonnation contaimat in th/a ~ran,~nissico is au~y ~i~eg~ ~ ~d~. ~ ~ ~ o~y for ~ ~
of ~e i~ or ~fi~ ~d ~e, ~' ~ ~d~ of ~S ~e ~ ~t ~ ~ ~, y~ ~ h~eby
no~ ~ ~y d~s~,~ ~ or ~py of ~ ~ ~ s~y ~. ff ~u ~ve ~iv~
~ able ~s ~a ~ U. S. ~ Se~. W~ ~I ~ y~ ~ot ~s~o, ~ you.
FILE NO.: 328001
DATE: October 30, 1998
NUMBER OF PAGES INCLUDING COVER SHEET:
PLEASE NOT[FY US IMMEDIATELY IF NOT RECEIVF_,D PROPERLY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, City M~i~nag~r~
November 10, 1998 L, X~
Disbursement of Police Forfeiture Funds
November 17, 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 $52,920 for special detail officer,
digital cameras and radio earpieces from the Police Forfeiture Fund in
accordance with the City Manager's memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. Special detail officer - $50,000.
2. Pumhase three digital cameras - $2,300.
3. Pumhase four radio earpieces - $620.
As of November 1, 1998, the Police Forfeiture Fund had a balance of $108,494. If you
have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0673-98
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
POLICE DEPARTMENT
EricINTER ~r OFFICE MEMoraNDUM
Thorn-as E. Ribel, Chh~f Ponce
November 9, 1998
Use of Forfeiture Funds
Florida State Statutes 932.704 & 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 $52,920.00
These items were not originally included in the Operating and Capital Budget for
this fiscal year.
· Special Detail Officer $50,000.00
· Digital Cameras $ 2,300.00
· Radio Earpiece Assembly $ 620.00
Total Expenditure Request: $52,920,00
I certify that this requested expenditure complies with Florida State Statute
932.7055 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Special Detail Officer
This officer will be used to work in area Task Forces with officers from
neighboring jurisdictions. These task forces deal with a variety of law
enforcement issues that require multi-agency participation, e.g. gangs, truancy,
pickpockets, robbery, auto theft and money laundering.
Digital Cameras
Three digital cameras will be used in the field to photograph criminal suspects,
trespassers, crime scenes and automobile accidents.
Radio Earpiece Assemblies
Four radio earpieces will be assigned to the Street Crimes Unit for covert
communication capability. These earpieces are especially useful during dignitary
protection details or mall surveillance activities.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission /~
.ri oro. ,
Ist Reading November 17, 1998 City Commission Meeting Agenda Item
2nd Reading December 15, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
the 1998/99 Budget by reappropriating on-going capital projects from the prior fiscal
year and recognizing additional revenues.
BACKGROUND
The attached Budget Amendment was prepared to reapprepriate the following capital
projects not completed during the 1997/98 fiscal year:
General Fund - $1~676~000
N.E. 207th Street Improvements - $1,080,000 - Bid for lighting and
landscape improvements is scheduled to be awarded at this Commission
Meeting. Original Budget of $756,000 was supplemented to address
additional lighting installation requirements and extension of lighting into
areas previously designated as private roads.
Safety Improvements - $160,000 - William Lehman Causeway Safety
Improvements and Aventura Boulevard / Country Club Drive pedestrian
light improvements.
N.E. 183rd Street Improvements - $184,000 - Includes Change Order and
additional engineering fees for drainage redesign and contingency amount
for Williams Island Road project.
4. Vehicles - $43,000 - Reappropriates amount from prior year to complete
vehicle purchase program.
Capital Reserve - $4,000 - Allocates remaining amount from additional
revenue amounts to the reserve account.
Stormwater Utility Fund -$2057000
N.E. 213th Street Stormwater Collector System - $205,000 - Project is
scheduled for completion by January 1999. The amount is reappropriated
from the previous fiscal year.
Police Capital Outlay Impact Fee Fund - $20~000
1. Equipment - $20,000 - Reappropriates amount from
complete equipment pumhase program.
The amendment is funded from the following soumes:
1.
prior year to
Increased carryover amount of $1,254,000. This is comprised of unspent
funds from the various capital projects that were reappropriated in the new
fiscal year.
2. Additional revenues anticipated from the following sources:
· Franchise Fees- Electric - $350,000
· Occupational Licenses- $72,000
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0669-98
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 1998/99 FISCAL YEAR BY REVISING THE
1998/99 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1998/99 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 98-22, which Ordinance adopted a budget for the 1998/99 fiscal year,
by revising the 1998/99 budget as set forth on the attached Exhibit "A", which exhibit is
deemed incorporated by reference as though set forth in full herein.
Ordinance No. __
Page 2
Section 3.
The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first reading. This 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 Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This 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 Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of November, 1998.
2
Ordinance No.
Page 3
PASSED AND ADOPTED on second reading this 15th day of December, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMStms
3
EXHIBIT A
Budget Amendment
REVENUES
General Fund - 001
3131000
3211000
Locally Levied Taxes
Franchise Fee-Electric
SUBTOTAL
Licenses & Permits
City Occupational Licenses
SUBTOTAL
1,250,000 350,000 1,600,000
$ 467,000 72,000 539,000
Non-Revenues
3999000 Car~over
SUBTOTAL
Total Amendments-Revenues
EXPENDITURES
3,045,000 1,254,000 4,299,000
CAPITAL BUDGET
PROJECT APPRORPIATION
80-XXX
Public Safet~ -20- 521
Vehicles
0 43,000 43,000
Communits Services - 50-53915411572
63t5 NE 207th Stre~
6303 Safety Improvements
6309 NE 183rd Street
SUBTOTAL
6999
9-90-9141
Non-Dem~rtments1-90- 590
Capital Reserve
SUBTOTAL
Transfers - 581
Transfer to Storm Water Utility
0 1,080,000 1,080,000
540,000 160,000 700,000
0 184,000 184,000
2,674,292 4,000 2,678,292
0 205,000 205,000
Total Amendments-Expenditures
EXHIBIT A
Stormwater Utility Fund -410
REVENUES
3811001
Tmns~r from General Fund
SUBTOTAL
Total Amendments-Revenues
0 205,000 205,000
EXPENDITURES
CAPITAL BUDGET
PROJECT APPRORPIATION
Community Services - 539
6316 213th Stromwater Collector System
SUBTOTAL
Total Amendments-Expenditures
0 205,000 205,000
Police Capital Outlay Impact Fee Fund - 140
REVENUES
Non-Revenue
3999000 Carryover
SUBTOTAL
Total Amendments-Revenues
0 20,000 20,000
EXPENDITURES
Public Safet~ - 521
6410 Equipment
SUBTOTAL
CAPITAL BUDGET
PROJECT APPRORPIATION
140-2001
0 20,000 20,000
Total Amendments-Expenditures
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City r(?n~
October 20, 1998
Williams Island Boulevard Improvement Project- Change Order #2
November 17, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize Change Order #2 for the
Williams Island Boulevard Improvement Project in the amount of $93,810. The Change
Order is required due to utility conflicts that required that the drainage installation be
redesigned.
BACKGROUND
As previously advised, construction of the roadway was temporarily halted due to the
discovery of a concrete encased fiber-optic cable. This necessitated the re-design of
both the roadway and associated drainage systems. The construction of the original
roadway was permitted through the County, and most of the utility structures were
marked incorrectly or not marked at all. The total cost of the Change Order is $93,810
and has been reviewed by the City Engineer and the Capital Projects Manager.
The Change Order amount is included in the proposed budget amendment Ordinance.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO667-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED CHANGE
ORDER FOR BID NO. 98-4-24-2, WILLIAMS ISLAND
BOULEVARD IMPROVEMENTS, BY AND BETWEEN THE
CITY AND M. VILA & ASSOCIATES, INC.; 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 execute and otherwise
enter into the Change Order for Bid No. 98-4-24-2, Williams Island Boulevard
Improvements, by and between the City and M. Vila & Associates, Inc., attached hereto
and incorporated herein as specifically as if set forth at length herein. Said Change
Order amount is $93,810.00.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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
Resolution No. 98-__
Page 2
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17'h day of November, 1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
Eric Soroka, ~er
Antonio Tomei, Ca~"aH~rojects Manager F,~.~
October 15, 1998
Williams Island Blvd., Change Order #2
Please find enclosed change order number 2 and the required backup documents for
the above referenced project. They require your signature together with Commission
approval due to the amount ($93,810.00).
Please advise me if there are any revisions or format changes within the change order
documents that you may require.
CITY OF AVENTURA
CHANGE ORDER FORM
CHANGE ORDER NO. 2
CONTRACT NUMBER: 98-4-22-2
DATE: October 12, 1998
PROJECT TITLE: Williams Island Boulevard Improvements
PROJECT CONTRACTOR: M. Vila and Associates
COST: $93,810.00
BUDGET LINE ITEM: 001-8050-541-6309
DESCRIPTION OF CHANGES: Additional time and materials required to complete roadway per revised engineering
~lans.
Original Contract:
Total Previous Change Orders:
This Change Order:
Revised Contract Amount:
Total Change Orders to Date: 2
Contract Amount Before This Change: $1,458,292.52
Total Change in Contract Period: 45 Calendar Days
$1,472,265.52
13,027.00
93,810.00
$1,579,102.52
The sum of $93,810.00 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is
$1 579 102.52. The time provided for completion in.the Contract is increased by 45 calendar days. This document shall
become an amendment to t~he O~nt,~t.a~'d ~J~visions of the Contract will apply thereto.
Recommended by
Consultant Date
Recommended by
~!:c.ctorlCapital Projects Manager Date
{ecommended for Budge~
Finance Support Servicers Director
Date
Approved by
City Manager
Date
Date
Accepted by
Contractor
KEITH and SCHNARS, P.A.
E N G I N E E R S" P L A N N E R S - S O R V Y R ,~
WILLIAM~ I~LAND BOULEVARD
CHANGE ORDER NO. 2
EXECUTIVE SUMMARY
Change Order No. 2 was required due to unforeseen field conditions. More specifically, the
contractor discovered on June 23, 1998, that the existing concrete duct bank encasement with fiber
optic cables along Williams Island Boulevard was constructed in such a manner so as to protrude into
the proposed road elevations.
It was felt that removing the top part of the concrete duct bank would be a costly and time consuming
process. In addition, the fiber optic lines could have been damaged, resulting in substantial cost for
repairs and lost services. The possible alternatives were reviewed with the City and it was agreed that
the most effective way to handle the concrete duct bank was to redesign the vertical alignment so that
the entire road surface could be elevated sufficiently to clear the duct bank.
Prepared by,
KEITjq. ~nd ,~HNARS, P.A.
EFg!~effts-eflnners-S urveyors
_Wi.l~, .Sa~'R~hez, P.E.
Projdkt Manager
WS :ryp
6500 North Andrews Avenue · Ft. Lauderdale, Florida 33809-2132
(954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690
KEITH and SCHNARS, P.A.
ENGINEERS ~ PLANNERS ~ SURVEYOR S
October 8, 1998
Mr. Tony Tomei
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
RE: Williams Island Boulevard
Keith & Schnars Project No. 15414.39
Dear Mr. Tomei:
Enclosed please fred a copy of the cost estimate for the grade changes on Williams Island Boulevard
submitted by M. Vila and Associates. We have reviewed the estimate and recommend approval of
the same.
Please do not hesitate to call should you have any questions concerning this matter.
Sincerely yours,
WS:ryp
cc: Pete Gallo - K&S
Mike Garrett - K&S
Jose Velez - K&S
6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132
(954) 776-1616 ° (800) 488-1255 · Fax (954) 771-7690
Project name Williams Island Blvd,
NE 183 Street
Aventura
FL
Engineer Keith and Schnar$ p A
Labor rate table Standard Labor Rate
Equipment rate table S~andard Equipment
General Conditions
Standard Estimate Report 09/10/98 Page 2
Williams Island Blvd. 12:51 PM
UnitCost Amount U~itCost Amount Amount Name UnitCost Amount Amount UnitCost Amount
600 wk
3 00day
6 00wk
1560
684
i,~84
1100 O0 /wk 6600
6,600
7,412 0 3,144 0 6,000 16,556
320 O0 Labor hours
2210.000 Fill & Site Grading
2210.300 Site Flit
5 Site Fill
10 Grading the Site
Site Fill
4,132 t5,262 0 6,294 0 25,687
336 80 Labor hours
246 40 Equipment hours
2400.000 Drainage
2400.100 Manholes
dr05 5r Diam Manhole
Manholes
M ViLA & ASSOCIATES INC Standard Estimate Report
Williams Island B/vd.
item Description Takeoff Qty
Concrete Drainage Pipe
09/10/98 Page 3
Un~tcost Amount UnitCost Amount Amount Name UnitCost Amount Amount [~nitCost Amount
Drainage 10,307 ~2,298 0 9,487 0 32,092
M I/iLA & ASSOCIATES INC Standard Estimate Report 09/10/98 Page 4
Williams Island Bird, 12:51 PM
Estimate Totals
38000 %
6 500 %
10 OOO %
M VILA & ASSOCIATES INC Estimate Details Report 09/10/98 Page 1
Williams Island Blvd, 12:51 PM
Item Description
1000.000 General Conditions
1002.000 General Conditions
5 General Conditions per Week
General Conditions
1006.500 Surveys
10 Survey&Layouts
Surveys
1014.000 Field Superintendent
Mid Superintendent
Field Superintendent
24000 Labor hours
1502.000
2210.000
2210.300
2400.000
2400.100
dr05
2400.200
Maintenance of Traffic
30 Barricades ( Type I, II, VP &
Drum )
70 Advance Warning Arrow Panels
75 Installation of MOT
Maintenance of Traffic
80.00 Labor hours
600 wk Oth
300 day Sub
600 wk Lab
Takeoff Oty
1.00000 ea/cd
Order Qty
Unit Price
General Conditions
320.00 Labor hours
Fill & Site Grading
Site Fill
5 Site Fill
10 Grading the Site
Site Fill
33680 Labor hours
24640 Equipment hours
1,80000 ea Sub
5000 ea Sub
4.00 ea Lab
W% Conversion
6,00 wk
3.60 day
600 wk
1,800.00 ea
5000 ea
4.00 cd
52000
1,10000
0.38
18.00
203.00
Fill & Site Grading
336.80 Labor hours
246.40 Equipment hours
Drainage
Manholes
5' Diam Manhole
Manholes
24000 Labor hours
6000 Equipment hours
Catch Basins
FDOT inlet P-6
1,800.00 Cy
2,95000 sy
500 ea
Lab 500.00000 cy/cd
Mat 33 1.25000 tn/cy
Eqp 500.00000 cy/cd
Lab 50000000 sy/cd
Eqp 500.00000 sy/cd
ea Lab
Mat
Eqp
Lab 1.00006 ea/cd
Mat
Eqp 1 00000 ea/cd
360 cd
2,992 50 tn
3,60 cd
590 cd
590 cd
500 cd
500 ea
5.00 cd
325.00
5.10
424.00
50200
80800
582.00
958.00
56000
Location
3.00
100000 ea/cd
100000 ea/cd
3.00 cd
300 ea
3.00 cd
582 O0
1,15800
560.00
Amount
6,000
6,000
1,560
6,600
6,600
684
900
812
2,396
6,556
15,262
1,526
2,962
4,767
25,687
25,687
2,910
4,790
2,800
10,500
1,746
3,474
1,680
M VlLA & ~SSOClATES INC Estimate Details Report og/lo/ga Page 2
Williams Island Blvd. 12:51 PM
Item Description
2400,500
sc18
2400,700
dr57
Location
Takeoff Q~
Order Qty
Unit Price
Catch Basins
14400 Labor hours
4800 Equipment hours
Concrete Drainage Pipe
Concrete Pipe 18" Solid
Concrete Drainage Pipe
307.20 Labor hours
102.40 Equipment hours
Misc. Drainage
Core Ddll Opening
dr65 Trench Compaction
Misc. Drainage
189.82 Labor hours
103.85 Equipment hours
320.00
18.00 ea
320.00 If
If Lab
Mat
Eqp
Lab
Mat
Eqp
Lab
Eqp
50.00000 If/cd
5000000 I~cd
3.00000 ea/cd
300000 ea/cd
9167000 If/cd
91.67000 I~cd
640 cd
320.00 If
6.40 cd
6.00 cd
1800 ea
6 O0 cd
349 cd
349 cd
582.00
11.20
560.00
203.00
25.00
144.00
20300
16000
Drainage
881 02 Labor hours
33425 Equipment hours
Amount
6,900
3,725
3,584
3,584
10,893
1,218
45O
864
7O9
559
3,799
32,092
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission I
Eric M. $oroka,/~
October 29, 1999'
Local Government Com ~rehensive Planning and Land Development
Regulation Assistance Program Contract
November 17, 1998 City Commission Meeting Agenda Item '7
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution, which
authorizes the execution of the Local Government Comprehensive Planning and Land
Development Regulation Assistance Contract with the Department of Community
Affairs (DCA). The $40,000 grant is provided to assist the City with the preparation of
the Comprehensive Plan and the Land Development Regulations (LDR).
BACKGROUND
In order to assist the City with the preparation of its Comprehensive Plan and Land
Development Regulations, the State appropriated $40,000 in the current budget. The
City's lobbyist and our local legislative delegation aided the appropriation.
The City is required to complete the preparation of the Comprehensive Plan and LDR in
order to receive funding. If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc0668-98
RESOLUTION NO. 98-._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ASSISTANCE
PROGRAM CONTRACT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Local Government Comprehensive Planning and Land Development Regulation
Assistance Program Contract between the State of Florida Department of Community
Affairs and the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
who
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:
Resolution No. 98-
Page 2
Commissioner Arthur Berger
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M. Perlow
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of November, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CiTY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES ]AMES F. MURLEY
Secretary
Governor
October 22, 1998
Mr. Eric M. Soroka, City Manager
City of Aventura
2999 Northeast 191 Street
Aventura, Florida 33180
Re~
Local Government Comprehensive Planning and Land Development Regulation
Assistance Program Contract
Dear Mr. Soroka:
The 1998-99 General Appropriations Act provides for an additional $40,000 grant to be
awarded to new local governments to assist in the development of the comprehensive plans.
Included as attachments are two original contracts for second-year funding under this program for
the development of the proposed Comprehensive Plan and draft Land Development Regulations.
Please review and sign the contracts and submit both originals back to the Department for final
execution.
If you have any questions, please call Beth Elrod at (850) 488-2356.
Sin
Carlton Ingram
·
Planning Manager
Attachments
cc: Brenda Kelley
~ECEIYEi~
OFFICE OF THE
~I'mD( ~ANAGER
2555 SH UMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWA~? AREA OF CRITICAL STATE CONCERN
FIELD OFFICE PO, Box 4022 FIELD OFFICE
2796 Overseas Highway, Suite 212 8600 N,W, 36th Street 155 East Sunlmerlin
Marathon, Florida 33050 2227 Miami, Florida 33159-4022 Badow, Florida 33830-4641
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ASSISTANCE
PROGRAM CONTRACT
This contract is entered into between the State of Florida, Department of Community
Affairs, hereinafter referred to as the "Department", and the City of Aventura, hereinafter referred
to as the "Recipient."
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, Fla.
Stat., has determined that the Recipient is eligible to receive funds under the Local Government
Comprehensive Planning and Land Development Regulation Assistance Program; and
WHEREAS, pursuant to the 1998-1999 General Appropriations Act, the Legislature has
appropriated $200,000 to continue funding implementation of the Local Government
Comprehensive Planning and Land Development Regulation Assistance Program;
NOW THEREFORE, THE DEPARTMENT AND THE RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient for the performance of the
services described herein and the Recipient does hereby agree to perform such services under the
terms and conditions set forth in this contract.
H. Availability of Funds
Payment of these state funds pursuant to this contract are subject to and conditioned upon
the total release of the funds appropriated to implement the Local Government Comprehensive
Planning and Land Development Regulation Assistance Program.
IH. General Provisions
(a) The validity of the Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to the Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of the Department and within thirty (30) days written notice
to the Recipient, cause the termination of this Agreement and the release of the Department from
all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is
in conflict with any applicable statute or role, or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other
right or remedy of the Department hereunder, or affect the subsequent exercise of the same right
or remedy by the Department for any further or subsequent default by the Recipient. Any power
of approval or disapproval granted to the Department under the terms of this Agreement shall
survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.SC. Section 12101 et seg.), if applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair ora public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of Category Two for a period of 36 months from the date of being
placed on the convicted vendor list.
2
IV. Standard Conditions
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and shall be
subject to the same terms and conditions set forth in the initial Agreement. There shall be only
one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement
for completion of the Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the
Recipient in conjunction with the Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against
the Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationally Act ("INA")]. The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by
the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
V. Definition, Scope and Quality of Service
(A) Intent of the Contract
The Recipient agrees, under the terms and conditions of this contract and the applicable
state and local laws and regulations, to undertake, perform, and complete the specified work
3
products outlined in the Scope of Services, below. The Recipient further agrees that neither the
Department's entering into this agreement nor its acceptance of the Recipient's work products
shall be construed as a determination by the Department that the local government has
satisfactorily met the requirements of Chapter 163, Part II, Fla. Stat.
The Department recognizes that the funding received by the Recipient under this program
constitutes only a partial funding of the actual costs associated with the development, completion,
and adoption of the Comprehensive Plan and Land Development Regulations, and that the work
products being contracted for constitutes only a portion of the requirements necessary for
completion of the Recipients' Comprehensive Plan and Land Development Regulations. The
Department and the Recipient agree that the work products funded under this contract must be
completed as specified herein in order for the Recipient to successfully complete its
Comprehensive Plan and Land Development Regulations, and that these work products are being
funded to achieve that end.
03) Scope of Services.
(1) Services provided under this contract shall be in connection with the total
area under the recipient's planning jurisdiction.
(2) In accordance with § 163.3184, Fla. Stat. and Rule 9J-5, F.A.C., the
Recipient shall provide the following:
(a) A copy of the proposed Comprehensive Plan, including the Data &
Analysis, transmitted following public hearing by the local government, pursuant to Section
163.3184(3)(a); and
(b) A copy of the draft Land Development Regulations pursuant to
Section 163.3202.
VI. Consideration
(A) Amount of Consideration
As consideration for work rendered under this contract, the Department agrees to pay a
fixed fee up to $40,000. Payment will be made in accordance with Section VII of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of local government staff
members or subcontractors involved in preparing all or a portion of the required work products
specified in Section V(B), Scope of Services, of this contract.
4
(2) Travel expenses incurred by the Recipient in fulfillment of this contract shall
be in accordance with the provisions of Section 112.061, Fla. Stat.
(3) Funds may not be used for the purchase of equipment, fixtures, or other
tangible property of a nonconsumable and nonexpendable nature with an expected useful life
which exceeds the duration of this contract.
(4) These funds may not be used for the purpose of lobbying the Florida
Legislature or a state agency.
VII. Method of Payment
(A) The Department shall pay $20,000 to the Recipient following the Department's
receipt, review, and acceptance of the work products specified in Section V(B) (2) (a).
(B) The Department shall pay $20,000 to the Recipient following the Department's
receipt, review, and acceptance of the work products specified in Section V(B) (2) (b).
(C) The Department shall pay the amounts indicated in this agreement after receipt of the
work products under this contract are deemed by the Department to be acceptable. "Acceptable
to the Department" means that the work product was completed in accordance with professional
planning principles, and is consistent with the requirements of this contract. The Recipient
acknowledges and agrees that payment under this agreement is contingent upon the
Recipient providing the Department, on or before October 1, 1999, with all of the requisite
work products in final form, acceptance of the final work products by the Department, and
the Recipients' contract closeout report, as specified below.
VIII. Required reports and records
(A) The Recipient shall provide to the Department a contract closeout report consisting
ora copy of each work product produced under this program. The report must be received by
the Department no later than October 1, 1999.
(B) if all required reports and copies, prescribed above, are not sent t° the Department
or are not completed in a manner acceptable to the Department, the Department shall withhold
further payments until they are completed. The Department may terminate this contract if reports
are not received within ten (10) days after notice by the Department.
IX. Audit Requirements
(A) The Recipient agrees to maintain adequate financial procedures and adequate
support documents to account for the expenditure of funds under this contract.
(B) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(C) The Recipient shall provide the Department with an annual financial audit report
which meets the requirements of Sections 11.45 and 216.349, F. S., and Chapter 10.550, Rules of
the Auditor General, and OMB Circular A-128 for the purposes of auditing and monitoring the
funds awarded under this contract.
(1) The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
(2) The annual financial audit report shall include a schedule of financial
assistance specifically identifying all contract and grant revenue by sponsoring agency and
contract number.
(3) The complete financial audit report, including all items specified in section
IX(C) (1) and (2) above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(D) The Recipient shall include an accounting of these funds in the annual financial audit
report prepared by the Recipient for the 1997-1998 and 1998-1999 fiscal years.
(E) In the event the audit shows that the entire fund, or portion thereof, was not spent in
accordance with the conditions of this contract the Recipient shall be held liable for
reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and contract provisions within thirty (30) days alter the Department has notified the
Recipient of such noncompliance.
(F) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
Subcontracts
(A) if the Recipient subcontracts any or all of the work required under this c°ntract' the
6
Recipient agrees to include in the subcontract specific language to inform the subcontractor that
the subcontract is bound by the terms and conditions of this contract between the Recipient and
the Department, and agrees to attach and incorporate the contract into the subcontract itself.
(B) The Recipient agrees to include in the subcontract that the subcontractor shall hold
the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this contract, to the extent allowed and required by
law.
(C) If the Recipient enters into a subcontract, a copy of the executed subcontract must be
forwarded to the Department.
(D) Any work products produced under the terms of a subcontract entered into bY the
Recipient must meet the full terms and conditions, including timeframes, of this Agreement
between the Recipient and the Department in order for the Recipient to receive payment from the
Department.
XI. Liability
The Recipient hereby agrees to hold harmless the Department, to the extent allowed and
required by law, from all claims, demands, liabilities and suits of third persons or entities not a
party to this contract arising out of, or due to any act, occurrence, or omission of the Recipient,
its subcontractors or agents, if any, that is related to the Recipient's performance under this
contract.
XIL Contract Term
The contract shall commence on the last date of signing by the parties involved, and will
terminate on October 1, 1999. The Recipient will receive no compensation for work received
by the Department after this date.
xm. Modification of Contract
Either party may request modification of the provisions of this contract with the exception
that no extensions will be permitted. The General Revenue funding source cannot be
extended beyond the original timeframes of this agreement. Other changes which are
mutually agreed upon shall be made by written correspondence from the Department and shall be
incorporated as part of this contract.
XIV. Identification of Documents
The cover page or title page of all reports, maps and other documents completed as a part
of this contract shall acknowledge:
7
"Preparation of this (Map or Document) was aided through financial
assistance received from the State of Florida under the Local Government
Comprehensive Planning and Land Development Regulation Assistance
Program, and administered by the Florida Department of Community
Affairs."
The date (month and year) the document was prepared and the name of the subcontractor
or Recipient community responsible for its preparation shall also be shown.
XV. Termination
(A) This contract may be terminated by the written mutual consent of the parties.
(B) If the Recipient shall fail to fulfill in a timely and proper manner its obligations under
this contract, the Department shall have the right, without liability, to terminate this contract
within ten (10) days after giving written notice to the Recipient of such termination. The
Department may also require a pro rata repayment for funds paid to a Recipient who breaches any
part of this contract.
(C) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of contract by the Recipient. The Department may withhold
any payments tot he Recipient for purpose of set-offuntil such time as the exact amount of
damages due the Department from the Recipient is determined.
XVI. Notice and Contact
(A) The contract manager for this contract is:
Beth Elrod, Senior Management Analyst I
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(B) The representative of the Recipient (not a consultant), responsible for the
administration of this contract is:
Eric M. Soroka, City Manager
City of Aventura
2999 NE 191st Street Suite 500
8
(C) In the event that different representatives are designated by either party after
execution of this contract, notice of the name, title and address of the new representative will be
rendered in writing to the other party and said notification attached to the original of this contract.
XVII. Terms and Conditions
The contract contains all the terms and conditions agreed upon by the parties.
1N WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT: CITY OF AVENTURA
BY:
(Signature)
Name: ~.ric ~. Soroka
(Please Type or Print)
Title: City l~anager
(Please Type or Print)
Date: Witness:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name: Carol A. Forthman
Title: Director, Division of Community Planning
Date: Witness:
9
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City-~'~ag~er
November 12, 1998
Extension of Moratorium Ordinance
Ist Reading October 6, 1998 City Commission Meeting Agenda Item 9
2nd Reading November 17, 1998 City Commission Meeting Agenda Item 9
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
extends the building moratorium within the Marina Area and the Hospital Area to
February 1, 1999.
BACKGROUND
The current Moratorium Ordinance expires on November 1, 1998. It appears that our
Comprehensive Plan will not be adopted November 1, 1998. It is likely it will be
adopted by the end of November or the beginning of December 1998. Therefore, the
Ordinance was amended to extend the time to February 1, 1999 to include the period of
time for review of the Land Development Regulations.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0647-98
ORDINANCE NO. 98 - 24
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT
ORDERS AND DEVELOPMENT PERMITS WITHIN THE
MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO.
97-22, AND AS AMENDED PURSUANT TO ORDINANCE
NO. 98-08, OF THE CITY OF AVENTURA; BY AMENDING
SECTION 8 "TERM" OF ORDINANCE NO. 97-22, AS
AMENDED, TO PROVIDE FOR A FURTHER EXTENSION OF
THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE
CITY'S COMPREHENSIVE PLAN TO BE COMPLETED AND
IMPLEMENTED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 97-22 of the City of Aventura, as adopted on
September 16, 1997, the City Commission provided for a moratorium upon the issuance of
development orders and development permits concerning development within the Marina
Area and Hospital Area within the City, as described therein, so as to enable the
formulation and implementation of the City of Aventura Comprehensive Plan (the "City
Plan"); and
WHEREAS, Ordinance No. 97-22 provided for such moratorium to be effective for
an initial period of 180 days from adoption thereof, and authorized such moratorium to be
reasonably extended; and
WHEREAS, said initial term was extended until November 1, 1998, pursuant to
Ordinance No. 98-08 enacted by the City Commission on March 17, 1998; and
WHEREAS, the City Commission finds that work is being expeditiously pursued on
the City Plan, but that it is necessary to further reasonably extend the moratorium, for an
additional period as provided herein, so that the City Plan is able to be completed and
implemented.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 8 '"Term," of Ordinance No. 97-22, as amended by
Ordinance No. 98-08, is hereby further amended to read as follows:~
Section 8. Term.
The moratorium imposed by this Ordinance is temporary
and shall be effective until ~ February
1, 1999, unless dissolved earlier by the City
Commission. Further, the moratorium shall
automatically dissolve upon the adoption of the City
Plan, the formulation and adoption of which shall be
expeditiously pursued.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved
its adoption on first reading. The motion was seconded by Vice Mayor Holzberg, and upon
Underline indicates addition to existing text; ,~tri~cc:;t indicates deletions.
2
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Patricia Rogers-Libert yes
Commissioner Jeffrey M. Perlow yes
Vice-Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
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 Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M. Perlow
Vice-Mayor Harry Holzberg
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 6th day of October, 1998
PASSED AND ADOPTED on second reading this 17th day of November, 1998.
A'I-I'EST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC,
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
'0' of Ex¢e
Ordinance 96-09
Disclosure of Site Visit, Investiqation, Expert Opinion
Agenda Item: Item No. ~ ~' of //--/~'- , 199~(
the Aventura City Commission.
Date of Visit~ Investigation or Receipt of Expert Opinion:
Nature of Contact:
(check as applicable)
Site Visit
Investigation
Expert Opinion
Substance of Contac!i
. agenda of
Identity of Any Person Participating in Contact:
RespecEully,
Commission or Board Member Receiving
Communication:
Name /~---~! . /'? .: .
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. ~ ~' of
199 ~ agenda of the Aventura City Commission,
Date of Verbal Communication: //-/~¥ ~- ¢~
Identity of Person or Entity Makin. g Communication:
Subject and Substance of Communicatj~on~
Filed this /~ day of
Respectfully,
Commission or Board Member
Receiving Communication:
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. ~/d of
199 ~' agenda of the Aventura City Commission.
Date of Verbal Communication:
Identity of Person or Entity Making Commur~cation:
/-
Subject and~ubstance of Communication:
Filed this /7 day of
Respectfully,
Commission or Board Member
Receivi .n,g. Communication:
Name ~ .~'~.../
Sign~tuYe J ~'~ ,,~
Clerk / Secretary
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
Sookla Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/kfe 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 Advertla®mant of Notice in the matter of CITY OF AVENTURA
PUBLIC HEARING- 11/17/98
APPLICANT NAME: UNITED STOR-ALL
CENTERS, INC.
APPLICATION NO. 01-SP-98, ETC.
XXXXX
In the ......................................... Court,
v~blls~ e~d Inj~wspeder 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, Fledda,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as ascend class malt matter at the post
office in Miami In asid D~d® County, Flortda, for apedod of
one precedln9 the first publication of the attached
copy Isem®nt; and affiant further says that she has
nar nor promised any person, firm or co~poratlon
any t, rebate, commission or refund for the purpose
of a g this ertlaement for publication in the said
6 S~ove~erm to an subscribed before me t~l
...... day of ........................ , A.D. 19 ......
(SEAL) ~
NOTICE OF PUBLIC NEARING
DATE AND TIME OF Tueeda¥~ November 17, 1998
PUBLIC REARING: 6 0O Pm , '
APPLICANT NAME: United Stor-AII Ce~ere. inc.
APPLICANT REQUEST: The applicant is requesting Site Plan aa-
1)royal and associated miscellaneous ap-
provals to construct a 5-story sell-service
storage facility at t~e intersection of Jack
Smith Boulevard and the extension of
~ follows t .......
Site Plan approval for Self-service storage facilities m a BU-2,
Special Business Distric~ as required pursuant to Section 33-
247(38) el th~,Miami-Dade County Code: and
2. Variance from Chapter 33 of ~e Miami-Dada Couaty Cocle to al)ow
a floor area ratio of 1.66, where a maximum floor ama ratio (FAR)
of 0.84 is allowed; and
3. Variance from Chai~ter 33 of the Miami-Dada Count~ Code which
requ es a decorat va masonry wall at least five (5} feet in,height to
be erected on a business lot with a common oroperty line adjacent
to residential proper[y. (Provision of a chainlink lence is propose<~
on the rear p~roperty line); and
4. Special Exceotior~ from Chapter 33 of the Miami-Dade County
Code which requires that residential uses are subject to oublic
~earmg appro.val in a BU~2,,Speciat B~siness District, (Provision of
a manager's aoaflment on sile is proposed); ana:
5. Variance from Sig~ O~ipance No, 97-17 wh~cl: permitting wa
signs on)y~ b~gs where the major) y of the floor area is in
e ail use. (~'rovisi[on of two 2 wall s~gns ~s proposed for a non-
retail use). ,
APPLICATION NUMBERS: 01-SP-98, 10-VAR-98, 03;SE-98
11 -SV-97
LOCATION OF SUBJECT PROPERTY: The southeast comer of un-
improved Miami-Gardens Drive extension
and Jack Smith Boulevard
LEGAL DESCRIPTION: Tract "C" of Biscayne Commercial, ac-
cording to the plat thereof, as recorded in
' ' ' Plat Book 143 at Page 38 of the Public
~'~a~s are o~e ~nd may be examined during regular business
2999 NE 191 Street, Suite 500, Aventura, Flodda, 33180. Plans may~
be modified et or before the Public Hearing. The .application may
comments may be made in person at the hearing or filed in writing
pdor to the headng date. Refer to applicant/pmgerty on correspon-
For further information, p ease ca (305) 466-8940
participate in this proceeding because of that disability should contact
the Office of the City Clerk 466-8901 not later than two business days
if a person decides to appea~ any decision made by the City Com-
mission with respect to any matter considered at a meeting or hearing,
the appeal is to be based.
Teresa M. Smith, CMC, City Clerk
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Lega~ Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she I$ the Vice
President of Legal Advertising of the Miami Dally Business
Review f/Ida Miami Review. a dally (except Saturday. Sunday
and Legal Holidays) newspaper, publlsbed at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA
PUBLIC HEARING- 11/17/98
APPLICANT NAME: SUMMIT APARTMENTS
APPLICATION NO. 07-VAR-98
In the ........... ~ ..................... CPu..
v~.~blls~ a~d ,nle~9~wspapar In the issues of
Affiant further says that the said Miami Dally Suslness
Review Is a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has heretofore
DATE AND TIME OF ·
PUBLIC NEARING: 6:00 p.m.
APPLICANT NAME: Summit P. oartments .
APPLICANT REQUEST: The applicant Js
2~GeNE 1~91 Street~Suit~ 500,.~a, F.~,ridk; 33180. Plans may
~e:it~J~e~t or before the ~ ~.~,.~,~eer~. The appl!cation may
dmhgedurlngthehea~r~pr~' ~
T~ Public ~l~ ~E~~a M~i~A~
bM)n continuously published In said Dada County, Florida, In acCOrdance with the AmeriCans with Disabilities Act of 1~90, all
each day (except Saturday, Sunday and Legal Holidays) and persons who 8~ disabled and who need speCial acCOmmodations to
has been entered aa second class mall matter at the post ~arti~e_tje~t~j_~.~]~.. _.t~ia~0[th~ d?ab,lfty s. ho~ld co~ltaavCst
office In Miami in said Dada County, Florida. for a period of
the Offic~'0ftt~ I~' ~tI~ 46G-890I~ riot later t~an two ousiness
one yser n preceding the f rst pub cat on of the attached . . ::
copy o~lsement; end afl ant further says that she has pnor to such pr.co~e.d rtgs. , ~-~:-:-~ ---,~ ~-.. t~.e Git,, Com-
nalth~paid~hor promised any person firm or corporation Ifa per.~n clec~oes o appea~ e~/__.u~_..~_=~.~.~_~,~ti~.~ ~r ~nn
of ~cSuC;~;~ $ .dvartlllement for publication In the said that be(son wilt need a record Of the~rcoeedings and, for SU~" pU~'7
ne~pal~e'r. J .. _ pose, may n~ed to ensure that a vefloatim record Of the prcc'eed!n[~ is
~ ~ / // . . ) ' /')~ made, Whiter. cord in~ud~ th. tcoti~ny and ~ide~c~ awn wh,c~
· the appe;d iS,to be based.
Sworn to andeubacdbed before me t~l~
6 November
...... day of ........................ , A.D. 19 ......
(SEAL) IO~f'' _U_.4',// CHERYL H MARMER I
MIAMI DAILY 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
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review tlkla Mlaed Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dede
County, Flodda; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING- 11/17/98
APPLICANT NAME: CHEESECAKE
FACTORY, INC.
APPLICATION NO. 12-SV-98
XXXXX
the ......................................... Court,
Affiant further says that the aald Miami Dally Business
Review Is a newspaper published at Miami In said Dede
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
DATE AND TIME OF Tued~ay, November 17, 1998
PUBLIC HEARING: · 6:00~p.m.
APPLtCANT NAME~ Cheeeecake Factory, Ina.
APPMCANT REQUEST: The applicant is requsetir~ a 'sfgn variance
to'allow a second.wall sign where one wall
$igE is a!lowed.
APPLICATION NUMBER: 12-SV-98 ·
LOCATION OF SUBJECT
PROPERTY: 19501 Biscayne Boulevard
LEGAL DESCRIPTION: Tract Q, Aventura 6th Addition as recorded
in Plat Book 120 Page 20 of the Public
~ Records of Dado County
SIZE OF SUBJECT PROPERTY: Approximataly 97.962 acres
Plans are on file and may be examined during regular business
hours in the City of Aventu~'~, Community Development Department,
2999 NE 191 Street, Suite 500. Aventura. Florida, 33180. Plans may
be modified at or before the Public Hearing. The application may
change during the hearing prccess.
The Pub c Hear ng will be held at Aventura Medical Arts Building,
21110 Biscayne Boulevard. Suite 101 Avant, re, Flodda. 33180, Your
comments may ~e maas ~n borsch at the hearing or filed in writing
pnor to the headng cJate. Refer to applicant/property on correspon-
dence and mail same to City of Aventu~. Community Development
Department. 2999 NE 191 Street, Suite 500. Aventura. Florida, 33180.
For lurther information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990. all
persons who are disabled an~ WhO need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk. 466-8901, ~ot later than two business days
pnor to such proceedings.
If a careen decides to appeal any decision made by the City Corn-
has been entered as second class mail matter at the peet mission with respect to any matter considered at a meeting or headng,
office in Miami In said Dado County, Florida, for a period ct that arson will need a record of h r
hod P t e p oceea rigs and, f~r such pur-
one ye t preceding the first pub cat on of the altec cae ma need to ens re h ' ' ' '
~.~t ........ r a that she hms P , y u t at a ~,erbatim record of the precsedmgs is
.e t~r~ =lV~nor prom sod any peres., firm er corperati., the appealis to be based
of g this adv laement for publication In the said 11/6 ' '
SwQm to and, subscribed before me t111~
6 November ~J
...... day of ........................ , A.D. 19 ......
Sookle Williams personallyly known to ma.known to me.I .-~ ~,/.~,. ~ ........
~ O~ ~%o ~ApR 12,2000
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dada County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the underalgned authority personally appeared
Sookle 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
end Legal Holidays) newspaper, published at Miami In Dada
County, Flodda; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA
PUBLIC HEARING- 11/17/98
APPLICANT NAME: CHAMPION RETAIL,
FOR COURTYARD MARRIOTT
APPLICATION NO. 02-SV-99
In the XXXXX ....... Court,
ublls ed I wspaper In the Issues of
LTD.
Affiant further says that the said Miami Daily Business
Review I$ 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 claes mall matter at the pest
office In Miami in said Dada County, Ffodda, for a period of
one year receding the flret pub#cation of the attached
copy emsnt; and affiant further says that she has
nelt r promised any person, firm or corporation
any rebate, commission or refund for the purpose
of a this ad rtlsement for publication in the said
6 ~vember ~
...... day of ........................ , A.D. 19 ......
· -~..w I O~ ~/ CHERYL H MARMER ~
NOTICE OF ,PUBUO HEARING
DATE AND TIME Gl~ Tueeday, Nover~ber 17. 1998
PUBLIC HEARING: 6:00 p.m.
APPLICANT NAME.~ ~l~m~pio~Retai)~ Ltd. for Coudyard Marr~t
APPLICANT REQUEST: ~'~e':ap~li~tt~lt is requesting a modification
of:~ previously approved Mulfi-te~ani
Center s~g~ criteria to allow two (2) wall
slgns larger than that allowed.
APPLICATION NUMBER: 02-SV-99
LOCATION OF SUBJECT
PROPERTY: 2825 NE 191 Street
LEGAL DESCRIPTION! Lengthy legal - you may contact [ne
Community Development Department for
the complete legal description
SIZE OF SUB.JECT PROPERTY: Approximately 16.52 acres
Pans ere co lie and may be exam!n~d during regular business
hours in the City ~f Aventura, Commumty Development Department,
2999 NE 191 Street. Suite 500, Avent[Jre. Florida. 33180. Plans may
be modified at or eefom the Public Hearing The application may
change during the heann~ prccess.
The. Public Hearing will be beld'at Aventura Medical Arts Building,
21110 Biscayne Bouleva~. Suite 101, Aventura, Florida. 33180 Your
comments may De made ~n person at the hearing or filed in wrmng
pdor to the bearing dst~ I~eterZ;o applicant/property on correspon-
dence and m~il same to:"t~'Y~0PAv~nture. Community Development
Department. 2999 I~tg~l ~. Suite 500, Aventura, Florida, 33180.
For further information, please call (3051 466-8940.
In accordance with the Americans with Disabilities ~.ct of 1990. all
Demons wno are disabled and who neeo special accommedalions to
pamclpate m tms proceeding eecauee of that disability should contact
the Office of the City Glerk. 466-8901. not later than two business days
Drier to sucl~ proceedings.
f a parsee de~es to appeal any decision made Dy the City Com-
mission with respect to any matter considered at a meeting or heenng,
mai ~erson will need a record of the proceedings and. for such pur-
pose. may need to ensure that a verbatim reco~d of the proceedings is
maae which record includes the testimony and evidence upon which
the appeal is to be based.
Teresa M. Smith. CMC, City Clerk
11/6 98-3-110649M
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 Williams, who on oath says that she la the Vice
President of Legal Advertising of the Miami Daily Business
Review flk/a Miami Review, a dally (except Saturday, Sund~y
and Legal Holidays) newspaper, published at Miami In Dada
County, FloUda; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
PUBLIC HEARING- 11/17/98
APPLICANT NAME: CHINA GRILL
CAFE AVENTURA, INC.
APPLICATION NO. 01-UU-99
,. the ........... ¥?f~ ..................... Co.rt,
w~(~blle~ e~d ,nls~jq~wspoper in the issues of
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said Dada
County, Fforida, and that the said newspoper has heretofore
been continuously published In said Dede County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter st the poet
office in Miami In Bald Dada County, Florida, for · period of
one yslv.,i~e~t ~recedlng the first publication of the attached
copy,y 1~31~t,nlsement; and affiant further says that she has
nelt nor promised any person, firm or corporation
any rebate, eommlesion or refund for the purpose
of a g thle edv leement for publleedon In the said
...... day of ........................ , A.D. 19 ......
I
I~ ~,~,.~,~ ~ CC545384
I
CITYOF AVENTURA
NOTICEOF PUBLIC HEARING
DATE AND TIME OF Tuesday, November 17, 1998
PUBLIC HEARING: 6~00
APPLICANT NAME: China Grill Caf~ Aventura. Inc.
APPLICAI'~T REQUEST: The applicant is re(~uestlng Unusual Use
approval to permit outdoor patio and table
service in conjunction with a restaurant al
the Aventura Mall.
APPLICATION NUMBER: 01-UU-99
LOCATION OF SUBJECT
PROPERTY: 19501 Biscayne Boulevard
LEGAL DESCRIPTION: Tract 'Q". Aventura 6th Addition as
recorded in Pla~ Book 120, page 20 of the
Public Records of Dada County
SIZE OF SUBJECT PROPERTY: Approximately 97.962 acres
=lens are on file a~d'~r~ay be examined during regular business
hours in the City of Aveetur~, Co[hn~nity'Development Department,
2999 NE 191 Street. Sute 500. A~,entura, Fldrda. 33180. Plans may
be modified at or before the Public Hearing. The application may
change during the headng process.
The Public Hearing will pe nelC at Aventura Medical Arts Building,
21110 B~scayne Boulevard. Suite 101. Aventura. Florida. 33180. Your
comments may De made m oerecn at the hearing or filed in writing
;)nor to the nearing aais. Refer to applicant/properly on correspon-
Dence and ma~i same to City of Aventura. Community DeveloDmen[
Department, 2999 NE 191 Street. Suite 500, Aventura, Florida 33180.
For further information crease cai (305] 466-8940.
In accordance w~th the Americans with Disabilities Act of 1990. a
persons who are d~sabled and who neea sDecial accommoaat~ons
parbc~pate ~n ires proceeding because of that disability should contact
the Office of the City Clerk. 466-8901. r~ot later than two business days
=r~or to such proceedings.
Il a person decides to appeal any dec'~'ion made by the City Com-
mission with respect to any matter considered at a meeting or nearing,
thai person wi need a record el the proceedings and. for such pur-
pose, may need to ensure that a verbatim record of the proceedings is
made. which record includes the testimony and evidence upon which
me appeal is to be based.
Teresa M. Smith. CMC. C~ty Clerk
11/6 98-3-110650M
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
Sookla Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Dally Business
Review t/Ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Bede
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING- 11/17/98
APPLICANT NAME: AVENTURA
INTERNATIONAL BUSINESS
CENTER, LTD.
APPLICATION NO. 11-SP-98, ETC.
In the .......... .'~ ..................... Court,
ublle ad in wspaper in the issues of
Affiant further says that the said Miami Dally Business
Review ia a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has heretofore
bean contlnuoualy published In said Dads County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second claes mail matter at the post
office In Miami In said Dede County, Florida, for a period of
copy of advertisement;, and affiant further says that she has
neither or promised any person, firm or corporation
any d rebate, commission or refund for the purpose
~~. ~~°f s this ad rtlaement for publication In the said
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
DATE AND TIME OF Tuesday, November 17. 1998
PUBLIC HEARING: 6:00 Dm
AP PLICANT NAME: Aventura InternaEonaJ Busines~ Cer~m Ltd.
APPLICANT REQUEST: The apphcant is requesting modification of
a arewous Resolution. Unusual Use
approval anti associated miscellaneous
approval aRC non-use variances to
construct an office building. The requests
1. Modification of Resolution No. 644 only as this approval releases
Dade County Cede to allow a building which height exceeds the
width of the widest street upon which such building abuts; and
4. Variance from Chaplet 33 of the Miami-Dade County Cods which
5. Vadance from Chepter 33 of the Miami-Dads County Code which
;Provision of fifteen (15) feet is proposed); and
6. Variance from Chapter 33 of the Miami-Dada County Code which
reouires a front (weal) setback of twenty (20) feet, (Provision of
seventeen (17) feet is proposed); and
7. Vadance from Chapter 33 of the Miami-Dade County Code which
requires 54.985 square feet of landscaping. (Prevision of 27.128
square feet of landscaping is proposed).
APPUCATION NUMBERS: 11 -SP-98, 02-UU-99. 01 *VAR-99
LOCATION OF SUBJECTPROPERTY: The northeast comer of NE
29 Avenue and NE 188 Street
LEGAL DESCRIPTION: Lengthy Legal (You may contact the
tbs complete legal description).
hours in the City pf Aventura, Community Development Department,
2999 NE 191 St;rest, Suite 500, Aventura, Florida, 33180. Plans may
The Public Hearing will be held at Aventura Medical Arts Building,
odor to the hearing date. Refer to applicant/property on correspon-
dence and mail same to City of Aventura. Community Development
?I 98(TUE) 14:18 SHAP0, FREEDIAN&BL00 TEL:$O$-$$8-O$21 ........ P. 002
SHAI~O, FREEDMAN' & BLooM.
November 17, 1998
(3,05) 466-8919
~. Eric Soroka
City Manager
city of Aventura
Re: Storage USA Aventura
Dear Mr. Soroka:
Please let this conf£~m our req~lest that the hearing ~et in
regard to the above matter (Item 3-A) be continued for one month.
Thal~you very much.
RAS\aa
cc~
Gary Cohen
A1 Cohen
Bruce Manley
Hurray Norkin
Brenda Kelley
Sincerely,
RONALD A. SHAPe
,~he miami Herat(i
.~-
www.herald.com
www.elherald.com
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally
appeared: .
JANEY ANDERSON
who on oath says that helshe 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:
OCTOBER 23,1998
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miam~'
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
\
,
DAY OF MARCH
,1999
My Commission
Expi s: _October 17,2001
Virgin a .,Ga
N(){ARY
VIRGINIA J GAlLON.
NOTARY PUBLK: ST ATIl 01' FLOIllDA
o.")MW1SSION NO. Ccm828
MY ON EXP. ocr.
~
CITY OF AVENTURA
NOTICE OF EXTENSION OF DURATION
OF BUILDING MORATORIUM IN THE
HOSPITAL AND MARINA AREAS
The City of Aventura proposes to adopt the following Ordinance:
'AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS WITHIN THE MARINA AREA AND THE
HOSPITAL AREA, AS PREVIOUSLY IMPOSED PURSUANT TO
ORDINANCE NO. 97-22 AND AS AMENDED, PURSUANT TO
ORDINANCE NO. 98-08, OF THE CITY OF AVENTURA; BY
AMENDING SECTION 8 TERM" OF ORDINANCE NO. 97-22, AS
AMENDED, TO PROVIDE FOR A FURTHER EXTENSION OF THE
TERM OF SUCH MORATORIUM SO AS TO ENABLE CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND
IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE:
A Public Hearing for second reading of the Ordinance will be held on
Tuesday, November 17, 1998, at 6 p.m. at the Biscayne Medical Arts
Center, located at 21110 Biscayne Boulevard, Suite 101, Aventura, Florida.
The proposed Ordinance may be inspected by the public at the Office of the
City Clerk, 2999 N.E. 191st Street, Suite 500, AventUra, Florida. Interested
parties may appear at the Publ c Hear ng and be heard with respect to the
proposed Ordinance. Any person wishing to address the City Commission
on any item at this Public Hearing is asked to register with. the City Clerk
prior to that item being heard.
In accordance with the Americans with Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in
this proceeding because of that disability should contact the Office of the
City Clerk, (305) 466-8901, not later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that person
will need a record of the proceedings, and for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal isto be based.
Dated this 23rd day of October 1998. Teresa M. Smith, CMC
City Clerk