10-05-1999 CC Meeting AgendaCity Commission
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
City Manager
Eric M. Soroka
City Clerk
Teresa M. Soroka, CMC/AAE
City Attorney
Weiss Scrota Helfman
Pastoriza & Guedes
AGENDA
October 5,1999 - 6 PM
Biscayne Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDER\ROLL CALL
PLEDGE OF ALLEGIANCE
ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items
on the Commission's agenda are quasi-judicial in nature. If you wish to object or
comment upon these items, please indicate the item number you would like to address
when the announcement regarding the quasi-judicial item is made. You must be sworn
before addressing the Commission, and if you wish to address the Commission, you may
be subject to cross-examination. If you refuse to submit to cross-examination, the
Commission will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A REQUEST FOR
VARIANCE FROM SECTION 505.2.1 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS WHICH PROHIBITS
TEMPORARY SALES OFFICES AND MODEL HOMES AT THE
PROPERTY KNOWN AS ATLAS TERMINAL SITE WITHOUT
AN APPROVED SITE PLAN FOR THE PERMANENT USE
WHICH IT IS INTENDED TO SERVE; PROVIDING AN
EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A REQUEST FOR
VARIANCE FROM SECTION 505.2.1 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS WHICH PROHIBITS
TEMPORARY SALES OFFICES AND MODEL HOMES AT THE
PROPERTY KNOWN AS THE HAMPTONS SOUTH SITE
WITHOUT AN APPROVED SITE PLAN FOR THE PERMANENT
USE WHICH IT IS INTENDED TO SERVE; PROVIDING AN
EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR
CITY NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE
191 STREET, TO ALLOW TWO WALL SIGNS, EACH 656
SQUARE FEET IN AREA ON THE NORTH AND SOUTH
ELEVATIONS WHERE ONLY ONE WALL SIGN OF 160
SQUARE FEET IN AREA IS ALLOWED; APPROVING A SIGN
VARIANCE TO PERMIT TWO WALL SIGNS TO BE LOCATED
MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE;
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA UPHOLDING AN ADMINISTRATIVE
MINOR SITE PLAN REVISION FOR PROPERTY LOCATED AT
2751 NE 183 STREET; PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR
DIM WATERWAYS, LP (SHOPPES AT THE WATERWAYS), TO
ALLOW AN EXISTING MONUMENT SIGN THAT IS 66 SQUARE
FEET IN AREA WHERE CITY CODE ALLOWS MONUMENT
SIGNS TO BE A MAXIMUM OF 48 SQUARE FEET IN AREA;
APPROVING A SIGN VARIANCE TO ALLOW SAID SIGN TO
CONTINUE TO BE LOCATED OFF THE PREMISES OF THE
SHOPPING CENTER AT THE NORTHEAST CORNER OF
BISCAYNE BOULEVARD AND NE 207 STREET, WHERE NO
OFF-PREMISE SIGNS ARE ALLOWED BY CODE; APPROVING
A SIGN VARIANCE TO ALLOW A MONUMENT SIGN TO BE
LOCATED APPROXIMATELY 85 FEET FROM ANOTHER
MONUMENT SIGN WHERE THE CITY'S SIGN CODE
REQUIRES A MINIMUM SPACING OF 200 FEET; PROVIDING
AN EFFECTIVE DATE.
4. ELECTION OF VICE MAYOR
APPROVAL OF MINUTES:
Commission Meeting September 7, 1999
Commission Budget Hearing September 9, 1999
Commission Budget Hearing September 23, 1999
Commission Workshop September 29, 1999
2
AGENDA: Request for Deletions/Emergency Additions
7. SPECIAL PRESENTATIONS: Certificate of Appointrnent to Recreation and
Cultural Arts Advisory Board New Member Patricia Crook
CONSENT AGENDA:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND
SIXTH AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52
SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
PROVIDING AN EFFECTIVE DATE.
(Approves final plat for subject property )
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 NO. 1 FOR
AVENTURA GOVERNMENT CENTER BY AND BETWEEN THE
CITY AND JAMES A. CUMMINGS, 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 No. 1 for Governmem Cemer Project)
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 AGREEMENT BETWEEN THE
CITY OF AVENTURA AND MIAMI DADE COUNTY TO
PROVIDE A COMMUNITY DRUG & CRIME PREVENTION
PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes execution of Agreement with Miami-Dade County for
Community Drug Prevention Program Grant in the: amount of $7,458)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED TRAFFIC CONTROL
JURISDICTION AGREEMENT BETWEEN POINT EAST
CONDOMINIUM ASSOCIATIONS AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL
3
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreemem fbr traffic enforcement at
the Point East Condominiums)
9. PUBLIC HEARING: ORDINANCES - FIRST READING: None
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 33
"PARKS AND RECREATION" BY CREATING SECTION 33-2
"PARKS AND RECREATION USER FEES"; AUTHORIZING
USER FEES TO BE PROVIDED FOR PARKS AND RECREATION
FACILITIES, LEAGUES, ACTIVITIES AND PROGRAMS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE NO. 99-09, BY
AMENDING SECTION 1205 ENTITLED "REPAIR OR
RECONSTRUCTION OF NONCONFORMING STRUCTURE",
AMENDING PARAGRAPH 1205.4.2 CONCERNING
COMMERCIALLY DEVELOPED PROPERTIES, PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
RESOLUTIONS: None.
12. OTHER BUSINESS: None.
13. REPORTS
'14. PUBLIC COMMENTS
ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
Commission Workshop Meeting October 29, 1999
Commission Meeting November 2, 1999
*Government Center 2999 NE 19l~ Street Suite 500
**Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
6 p.m.**
4
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disabiliiy should contact the Office of the City Clerk,
305-466-890 l, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such 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 is
made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~ Stree~, Suite 500,
Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466.8901.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission
Eric M. Soroka, C~l.anag1
Brenda Kelley, C~elopment
September 20, 1999
Direct~
SUBJECT:
Request of Finvest Limited Partnership for variance from Section 505.2.1
of the City's Land Development Regulations which prohibits temporary
sales offices and model homes at the property without an approved site
plan for the permanent use which it is intended to serve. (Atlas Terminal
Site; 10-VAR-99)
October 5, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the request for a variance in that it
does not meet the criteria for granting of variances found in subsection 506.5 of the
City's Land Development Regulations.
THE REQUEST
The applicant, Finvest Limited Partnership, requests a variance from Section 505.2.1 of
the City's Land Development Regulations which prohibits temporary sales offices and
model homes at sites without an approved site plan for the permanent use which it is
intended to serve. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OFPROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use-
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Future Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
RMF4
RMF3
RMF4
CNS
RMF3
Finvest Limited Partnership
Finvest Limited Partnership
The northeast corner of NE 183 Street and NE
31 Avenue (See Exhibit #2 for Location Map)
Approximately 13.26 acres.
Tract "C" of Atlas Terminal Apartments
according to the plat thereof as recorded in
Plat Book 147, PagE; 67, Official Records of
Miami-Dade County, Florida.
Multi-Family High Density Residential District
Multi-Family Medium I:)ensity Residential
District
Multi-Family High Density Residential District
Conservation District (Dumfounding Bay)
Multi-Family Medium IDensity Residential
District
Vacant
Multi-Family Residential
Multi-Family Residential
Dumfounding Bay
Multi-Family Residential
Medium-High Density Residential
Medium-High Density Residential
Medium-High Density Residential
Dumfounding Bay
Medium-High Density Residential
The Site- This site comprises the south half of the former Atlas Terminal
Apartment site. In 1997, the north half of the Atlas Terminal site was developed as the
Villages by the Bay apartment complex.
The Project- The applicants have indicated that they anticipate seeking a site plan
for a high-rise residential development once a vested rights determination application
has been processed by the City's Community Development Department. This complete
application was filed with the Community Development Department on September 3,
1999. The City's LDRs requires that this review be completed by November 3, 1999.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the City of Aventura Comprehensive Plan.
Citizen Comments- The Community Development Department has received no
written citizen comments concerning this application.
Community Development Department Analysis - The applicants are requesting a
variance from subsection 505.2.1 of the City's Land Development Regulations (LDRs)
for the purpose of seeking administrative site plan approval for the location of a
temporary sales facility and model unit for a proposed residential tower prior to the
granting of an administrative site plan approval for the residential development itself.
The LDRs do not require administrative site plan approval for such temporary uses
once the site plan for the permanent use has been approved; normally only a permit is
required. However, the applicants have not yet filed for site plan approval for the
permanent use. Thus, the applicants were requested to file for site plan approval for the
temporary use. Such site plan approval cannot be granted by staff without approval of a
variance at public hearing.
Criteria
The guidelines for approval of variances as required by subsection 506.5 of the City's
Land Development Regulation states:
506.5 Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the
following are met:
The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
The applicants have failed to demonstrate a hardship unique to the physical site itself.
The applicants maintain that their request is predicated on the need to begin the sales
of units sooner than is possible given the need to secure, administrative site plan
approval for their proposed residential development. City staff has suggested ways to
speed up the site plan review process, including the design of a development that is
fully compliant with the City's Land Development Regulations. The applicant has
indicated that they would prefer a design that takes advantage of any vested rights that
may be found applicable to the site.
The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The difficulty claimed by the applicants is not unique to this parcel. The difficulty
claimed results from the applicant's desire to begin the marketing of units prior to site
plan approval.
The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure which is not otherwise consistent with
the LDR.
The applicant's difficulty is economic in nature. While the difficulty may not have been
deliberately created by the applicant, City staff has recommended remedies, including
the filing of a site plan for the permanent use of the site that is compliant with existing
development regulations.
The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The temporary use requested is actually a commercial type use located in a residential
district. Under normal circumstances, such a commercial type use is usually
considered tolerable because they are accessory to the construction of the permanent
use. However, by granting approval of the temporary use without a permanent use in
place, it is possible that commercial type impacts could occur for a longer period of time
and would be more observable than would otherwise be the case.
The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The temporary use will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values. However, the Land Development Regulations provide that site plan approval for
4
the permanent use must be in place prior to the construction and use of the sales
trailer.
RECOMMENDATION
It is recommended that the City Commission deny the request for a Variance in that it
does not meet the criteria for granting of variances found in subsection 506.5 of the
City's Land Development Regulations.
BILZlN SUMBERg DUNN PRICE & AXeLROD LLP
ONE EAST BROWARD BOULEVARD · SUITE 700
FORT LAUDERDALE~ FLORIDA 33301
TELEPHONE: (954) 35B~0030 · FAX: (954)
RECEIVED
;EP 0 9 199.
&'OMI~It~iTy DEVELOPMENT
September 9, 1999
Ms. Brenda Kelley
Director of Planning
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, FL 33180
Re: Peninsula Variance Application - Temporary Sales Trailer
Dear Brenda:
We represent the contract purchaser, Aventura Land Holding, Ltd., in connection
with the above-referenced application. Specifically, this property is Tract C of the Atlas
Terminal Apartments Plat located at the termination of theoretical Northeast 183~d Street
at Dumbfounding Bay. On August 26th, 1999, an application for site plan approval was
submitted to the City of Aventura in order to locate a temporary sales trailer on the
property. However, Section 505.2.1(d) requires site plan approval for a property before a
temporary sales office is constructed on the property. We are respectfully requesting a
variance from the foregoing section in order to permit a sales trailer on the property prior
to the approval of the site plan. We intend on submitting our application for site plan
approval for the development on September 23rd, 1999. It is vital to the applicant that it be
allowed to place a temporary sales trailer on the property by the beginning of fall when
many seasonal residents as well as tourists return to Aventura.
If the City's Land Development Regulations were carried out literally, this would
result in a particular hardship upon the owner. The conditions upon which the request for
variance are based are unique to the parcel and would not generally be applicable to other
property within the vicinity. The hardship has not been deliberately created by the
applicant to establish a use or structure which is not otherwise consistent with the LDR.
The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity. The proposed variance will not substantially
increase the congestion in the public streets, or increase the danger of fire, or endanger
the public safety, or substantially diminish or impair property values within the vicinity.
G:\DMS\73277\II998\025812301
9/9/1999
EXHIBIT #1
lO-VAR-99
E~ILZIN -.~UMBERG DUNN PRI~r- & AXELROD LLP
Ms. Brenda Kelly
September 9, 1999
Page 2
We look forward to an expeditious processing and a favorable review of the
application. Please call me at 305-350-2374 if you have any questions or comments with
regard to the application.
Sincerely, /
Stanley B. Price
cc: Fabio Perez-Polo
Gordon Pilmer
G:\DMS\73867\I2190\0255965.OI
8/25/1999
Hospital
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- WATERWAYS I 207 ST. --
201 TER.
~,VENTURA
Aventura Police
~ of Aventura
192 ST.
188 ST. ,r
33180
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Roadways
City Bounda~
ZIP Cod
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
REQUEST FOR VARIANCE FROM SECTION 505.2.1 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS
WHICH PROHIBITS TEMPORARY SALES OFFICES AND
MODEL HOMES AT THE PROPERTY KNOWN AS ATLAS
TERMINAL SITE WITHOUT AN APPROVED SITE PLAN
FOR THE PERMANENT USE WHICH IT IS INTENDED TO
SERVE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multi-Family High
Density Residential District; and
WHEREAS, the Applicant, Finvest Limited Partnership, through Application No.
10-VAR-99, has requested a variance from Section 505.2.1 of the City's Land
Development Regulations prohibiting temporary sales offices and model homes at sites
without an approved site plan for the permanent use which it is intended to serve in
order to permit a temporary sales office and model home on the site prior to approval of
a site plan for the permanent use; 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. 10-VAR-99 for a variance from Section 505.2.1 of
the City's Land Development Regulations prohibiting temporary sales offices and
model homes at sites without an approved site plan for the permanent use which it is
intended to serve, on property legally described as:
Tract "C" of Atlas Terminal Apartments according to the plat thereof as recorded
in Plat Book 147, Page 67, Official Records of Miami-Dade County, Florida.
aka
Atlas Terminal
northeast corner of NE 183 Street and NE 31 Avenue
is hereby granted exclusively to Finvest Limited Partnership.
Section2. This Resolution shall become effective
adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
immediately upon its
, who moved
, and upon being
Resolution No.
Page 3
PASSED AND ADOPTED this 5th day of October, 1999.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC/AAE, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of
,1999.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, C~l~an~?
Brenda Kelley, CoTnmur~
September 20, 1999
Iopment Dire~t~
Request of Aventura Land Holding, Inc. for variance from Section 505.2.1
of the City's Land Development Regulations prohibiting temporary sales
offices and model homes at the property without an approved site plan for
the permanent use which it is intended to serve. (The Hamptons South
Site; 09-VAR-99)
October 5, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It ks recommended that the City Commission deny the request for a variance in that it
does not meet the criteria for granting of variances found in subsection 506.5 of the
City's Land Development Regulations.
THE REQUEST
The applicant, Aventura Land Holding, Inc., requests a variance from Section 505.2.1 of
the City's Land Development Regulations prohibiting temporary sales offices and model
homes at sites without an approved site plan for the permanent use which it is intended
to serve. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
SIZE OFPROPERTY
LEGALDESCRIPTION
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use-
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Future Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
RMF4
RMF4
RMF4
CNS
RMF4
Aventura Land Holding, Inc.
Aventura Land Holding, Inc.
The approximate intersection of East Country
Club Drive and theoretical extension of NE 203
Street at Dumfounding Bay (See Exhibit #2 for
Location Map)
Approximately 4.386 acres.
A portion of the F-3 site, being a portion of
Aventura Fifth Addition, as recorded in Plat
Book 116, Page 39, Official records of Miami-
Dade County, Florida.
Multi-Family High Density Residential District
Multi-Family High Density Residential District
Multi-Family High Density Residential District
(Dumfounding Bay)
Multi-Family High Density Residential District
Vacant
Multi-Family Residential
Multi-Family Residential
Dumfounding Bay
Multi-Family Residential
Medium-High Density Residential
Medium-High Density Residential
Medium-High Density Residential
Dumfounding Bay
Medium-High Density Residential
2
The Site- This is a vacant property located between two existing high-rise
condominium buildings on the east side of East Country Club r)rive.
The Project- The applicants have indicated that they anticipate seeking a site plan
for a high-rise residential development once a vested rights determination application
has been processed by the City's Community Development Department. This complete
application was filed with the Community Development Department on September 3,
1999. The City's LDRs requires that this review be completed by December 3, 1999.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the City of Aventura Comprehensive Plan.
Citizen Comments- The Community Development Department has received no
written citizen comments concerning this application.
Community Development Department Analysis - The applicants are requesting a
variance from subsection 505.2.1 of the City's Land Development Regulations (LDRs)
for the purpose of seeking administrative site plan approval for the location of a
temporary sales facility and model unit for a proposed residential development prior to
the granting of an administrative site plan approval for the residential development
itself. The LDRs do not require administrative site plan approval for such temporary
uses once the site plan for the permanent use has been approved; normally only a
permit is required. However, the applicants have not yet filed for site plan approval for
the permanent use. Thus, the applicants were requested to file for site plan approval for
the temporary use. Such site plan approval cannot be granted by staff without approval
of a variance at public hearing.
Criteria
The guidelines for approval of variances as required by subsection 506.5 of the City's
Land Development Regulation states:
506.5 Standards of review. A vadance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the
following are met:
The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
3
The applicants have failed to demonstrate a hardship unique to the physical site itself.
The applicants maintain that their request is predicated on the need to begin the sales
of units sooner than is possible given the need to secure administrative site plan
approval for their proposed residential development. City staff has suggested ways to
speed up the site plan review process, including the design of a development that is
fully compliant with the City's Land Development Regulations. The applicant has
indicated that they would prefer a design that takes advantage of any vested rights that
may be found applicable to the site.
The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The difficulty claimed by the applicants is not unique to this parcel. The difficulty
claimed results from the applicant's desire to begin the marketing of units prior to site
plan approval.
The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure which is not otherwise consistent with
the LDR.
The applicant's difficulty is economic in nature. While the difficulty may not have been
deliberately created by the applicant, City staff has recommended remedies, including
the filing of a site plan for the permanent use of the site that is compliant with existing
development regulations.
The granting of the variance will not be detrimental to the public we/fare or
injurious to other property or improvements in the vicirfity.
The temporary use requested is actually a commercial type use located in a residential
district. Under normal circumstances, the commercial type uses are usually considered
tolerable because they are accessory to the construction of the permanent use.
However, by granting approval of a temporary use without a permanent use in place, it
is possible that these impacts could occur for a longer period of time and would be
more observable than would otherwise be the case.
The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The temporary use will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
4
values. However, the Land Development Regulations provide that site plan approval for
the permanent use must be in place prior to the construction and use of the sales
trailer.
RECOMMENDATION
It is recommended that the City Commission deny the request for a Variance in that it
does not meet the criteria for granting of variances found in subsection 506.5 of the
City's Land Development Regulations.
5
BILZlN :~UMBERG DUNN PRICE & AXELROD LLP
ONE EAST SROWARD BOULEVARD · SUITE 700
FORT LAUDERDALEt FLORIDA 33301
September 9, 1999
Ms. Brenda Kelley
Director of Planning
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, FL 33180
Re: Hampton South Variance Application - Temporary Sales Trailer
Dear Brenda:
We represent the contract purchaser, Aventura Land Holding, Ltd., in connection
with the above-referenced application. Specifically, this property is a portion of the F-3
site, the same being a portion of Aventura Fifth Addition located at the approximate
intersection of East Country Club Drive and theoretical Northeast 203~ Street at
Dumbfounding Bay. On August 26th, 1999, an application for site plan approval was
submitted to the City of Aventura in order to locate a temporary sales trailer on the
property. However, Section 505.2.1(d) requires site plan approval for a property before a
temporary sales office is constructed on the property. We are respectfully requesting a
variance from the foregoing section in order to permit a sales trailer on the property prior
to the approval of the site plan. We intend on submitting our application for site plan
approval for the development on September 23% 1999. It is vital to the applicant that it be
allowed to place a temporary sales trailer on the property by the beginning of fall when
many seasonal residents as well as tourists return to Aventura.
If the City's Land Development Regulations were carried out literally, this would
result in a particular hardship upon the owner. The conditions upon which the request for
variance are based are unique to the parcel and would not generally be applicable to other
property within the vicinity. The hardship has not been deliberately created by the
applicant to establish a use or structure which is not otherwise consistent with the LDR.
The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity. The proposed variance will not substantially
G:\DMS\73277\II998\0258124 01
EXHIBIT #1
O9-VAR-99
BILZIN SUMB£RG DUNN PR,-£ ~ AXELROD LLP
Ms. Brenda Kelly
Saptember 9, 1999
Page 2
increase thc congestion in the public streets, or increase the dang,~r of fire, or endanger
the public safety, or substantially diminish or impair property values within the vicinity.
We look forward to an expeditious processing and a favorable review of the
application. Please call me at 305-350-2374 if you have any questions or comments with
regard to the application.
Sincerely,
Stanley B. Price
cc: Fabio Perez~Polo
Gordon Pilmer
G:\DMS\73867\ 12190\0255965 01
8/25/1999
Hospital
201 TER.
192 ST,
191 ST.
3ityofAventura
188 S"E
Maule
Lake
LEGEND
Maule
Lake
' EXHIBIT #2
:a
· 9~,~A
. - . ~ 0 R-99
Roadways
City Boundanj
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
REQUEST FOR VARIANCE FROM SECTION 505.2.1 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS
WHICH PROHIBITS TEMPORARY SALES OFFICES AND
MODEL HOMES AT THE PROPERTY KNOWN AS THE
HAMPTONS SOUTH SITE WITHOUT AN APPROVED
SITE PLAN FOR THE PERMANENT USE WHICH IT IS
INTENDED TO SERVE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RMF4, Multi-Family High
Density Residential District; and
WHEREAS, the Applicant, Aventura Land Holding, Inc., through Application No.
09-VAR-99, has requested a variance from Section 505.2.1 of the City's Land
Development Regulations prohibiting temporary sales offices and model homes at sites
without an approved site plan for the permanent use which it is intended to serve in
order to permit a temporary sales office and model home on the site prior to approval of
a site plan for the permanent use; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by la~ and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances 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. 09-VAR-99 for a variance from Section 505.2.1 of
the City's Land Development Regulations prohibiting temporary sales offices and
model homes at sites without an approved site plan for the permanent use which it is
intended to serve, on property legally described as:
A portion of the F-3 site, being a portion of Aventura Fifth Addition, as recorded
in Plat Book 116, Page 39, Official Records of Miami-Dade County, Florida aka
Hamptons F-3 site is hereby granted exclusively to Aventura Land Holding, Inc.
Section2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by .
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
, who moved
, and upon being
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC/AAE, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No.
Page 3
This Resolution was filed in the Office of the City Clerk this
day of
,1999.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, Ci~Manag~.r.~
Brenda Kelley, Comn~'--~Dev, opment Direct .~/~
September 25, 1999 ~
Request of City National Bank for miscellaneous sign variances to permit
two existing wall signs to remain at 2875 NE 191 Street. (10-SV-99)
October 5, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the request for a Sign Variance in
that it does not meet the criteria for granting of variances found in the City's Sign
Ordinance.
THE REQUEST
The applicant, City National Bank of Florida, is requesting the following:
1)
A sign variance to permit two wall signs, each 656 square feet in area to remain
on the north and south elevations of the Turnberry Plaza office building located
at 2875 NE 191 Street, where the applicant is allowed one wall sign of 160
square feet in area under the current code; and
2)
A sign variance to permit approximately half of the eight-foot height of each sign
be above the roofline of the parapet area of the building, where City code
requires that no more than 50% of the sign extend above the roofline.
(See Exhibit #1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OFPROPERTY
SIZE OFPROPERTY
LEGAL DESCRIPTION
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Turnberry Plaza, Ltd.
City National Bank of Florida
2875 Biscayne Boulevard (Turnberry Plaza)
Approximately 3.69 acres
That portion of the East % of the Southwest ¼
of the Southeast ¼ of the Northwest ¼ of
Section 3, Township 52 South, Range 42 East,
Miami-Dade County, Florida, lying South of the
NE 192 Street limited-access right-of-way and
less and except the south 35.00 feet thereof
for right-of-way purposes.
B2 Community Business District
B2 Community Business District
TC1 Town Center District
TC1 Town Center District
B2 Community Business District
Existing Land Use-
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Office Building
William Lehman Causeway and Aventura Mall
Shopping Center
Office Building
Hotel and Shopping (?,enter
Future Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Business and Office
Town Center
Town Center
Business and Office
The Site- The subject site, the Turnberry Plaza office building, is located on the
north side of NE 191 Street west of NE 29 Avenue. (See attached Exhibit #2 for
location map).
The Project- City National Bank, located on the first floor of the 10-story office
building, is requesting a sign variance to permit two existing wall signs to remain.
ANALYSIS
Citizen Comments- The Community Development Department has received no
written citizen comments.
Community Development Department Analysis - The installation of two signs for
City National Bank, each measuring eight feet high by 82 feet long (656 square feet
each, a total signage area of 1312 square feet) was permitted by Miami-Dade County
on December 27, 1995. These signs were installed on the north and south elevations of
the 10-story Turnberry Plaza office building in February 1996. On June 3, 1997, the
Aventura City Commission adopted sign regulations for the City. Non-conforming signs
were allowed to continue until the expiration of an amortization period concluding on
June 3, 2000, providing that each sign was registered by its owner within 90 days of the
adoption of the ordinance. City National Bank did not seek registration of their two
signs, and now seeks variance approval to continue permanent use of their signs.
Criteria
The criteria for approval of sign variances as required by the City of Aventura Sign
Ordinance (No. 97-17) requires:
The sign variance maintains the basic intent and purpose of the regulations,
particularly as it affects the stability and appearance of the City and provided that
the Variance will be otherwise compatible with the surrounding land uses and
would not be detrimental to the community. No showing of unnecessary
hardship is required.
The requested sign variance does not promote the stability and appearance of the City.
The City's sign ordinance allows the applicant to install one wall sign of 160 square feet
on the building. The applicant's signage is over eight times larger than is allowed by
code. Each of the two signs is four times larger than allowed by code.
Staff believes that signage of this intensity serves a function that is primarily one of
advertising or publicity. This is not in keeping with the basic purpose of the City's sign
ordinance, which is to allow signage that serves a legitimate directional purpose while
discouraging signage that functions primarily as a marketing or publicity device.
RECOMMENDATION
It is recommended that the City Commission deny the request for a Sign Variance in
that it does not meet the criteria for granting of variances found in the City's Sign
Ordinance.
4
Letter of In%en%
The subject property is located at 2875 N.E.
Aventura, Florida 33180. The herein application
RECEIVED
COMMU~NITY PEVELOPMENT
19lst Street,
is a public
hearing application for a sign variance for the existing signs on
the building.
The Applicant has been a tenant on the main floor of the
building and their signs were legally permitted.
The building has become commonly known as the City National
Bank Building and tenants within the building use the City National
Bank Building as a reference in directing people to the area.
The Applicant respectfully requests that a variance be given
so that the Applicant can maintain their signage as it currently
exists.
MICHAEL \%J~. SNYDER,
Attorne~ for Applicant,
City National Bank of Florida
c: \WPDOCS\ ZONING\CITY\LETTER. INT
EXHIBIT #1
10-SV-99
LEGEND
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A SIGN
VARIANCE FOR CITY NATIONAL BANK OF FLORIDA,
LOCATED AT 2875 NE 191 STREET, TO ALLOW TWO
WALL SIGNS, EACH 656 SQUARE FEET IN AREA ON
THE NORTH AND SOUTH ELEVATIONS WHERE ONLY
ONE WALL SIGN OF 160 SQUARE FEET IN AREA IS
ALLOWED; APPROVING A SIGN VARIANCE TO PERMIT
TWO WALL SIGNS TO BE LOCATED MORE THAN 50%
ABOVE THE BUILDING'S ROOFLINE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS the property described herein is zoned B2, Community Business
District, a non-residential district; and
WHEREAS, the Applicant, City National Bank of Florida, through Application No.
10-SV-99, has requested the following: 1) a sign variance to permit two wall signs,
each 656 square feet in area on the north and south elevations of the Turnberry Plaza
office building located at 2875 NE '191 Street, where the applicant is allowed one wall
sign of 160 square feet in area; and 2) a sign variance to permit approximately half of
the eight-foot height of each sign be above the roofiine of the parapet area of the
building where City code requires that no more than 50% of the sign extend above the
building's roofline; 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.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 10-SV-99 for sign variance for two wall signs, each
656 square feet in area on the north and south elevations of the Turnberry Plaza office
building located at 2875 NE 191 Street, where the applicant is allowed one wall sign of
160 square feet in area, on property legally described as:
That portion of the East ~ of the Southwest ¼ of the Southeast ¼ of the
Northwest ¼ of Section 3, Township 52 South, Range 42 East, Miami-Dade
County, Florida, lying South of the NE 192 Street limited-access right-of-way and
less and except the south 35.00 feet thereof for right-of-way purposes aka
Turnberry Plaza, 2875 NE 191 Street.
is hereby granted exclusively to City National Bank of Florida.
Section 2. Request for a sign variance to permit approximately half of the
eight-foot height of each sign be above the roofline of the parapet area of the building
where City code requires that no more than 50% of the sign extend above the building's
roofline is hereby approved.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
, Who moved
, and upon being
Resolution No.
Page 3
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC/AAE, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ____ day of
,1999,
CITY CLERK
Existing City National Bank Sign
2875 NE 191 $~eet
t0-SV-99
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City/~
L
Brenda Kelley, Comm~
September 25, 1999
ielopment
Direct~,~
Appeal of administrative approval of a minor site plan revision for the
Imperial Club development. (02-APP-99)
October 5, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the request to appeal a
administrative approval of a minor site plan revision for the Imperial Club development.
THE REQUEST
The applicant is requesting that the City Commission overturn an administrative Minor
Site Plan revision approving modifications to a previously approved substantial
compliance determination for the Imperial Club development. (Letter of appeal is
attached as Exhibit #1)
BACKGROUND
APPLICANT:
Dr. Marie A. DiCowden, Ph.D. and the
Biscayne Institutes of Health and Living.
ADDRESS OFPROPERTY:
2751 NE 183 Street (Location map is attached
as Exhibit #2)
LEGAL DESCRIPTION:
Portion of Tract "A" Port William Subdivision
according to the plat thereof recorded in Plat
Book 127 at Page 46 of the public records of
Dade County, Florida.
OWNER OF LAND:
Royal Imperial Group (Aventura Land
Investment, L.P.)
SIZE OF PROPERTY
3.42 Acres
EXISTING ZONING:
B2 Community Business District
FUTURE LAND USE DESIGNATION: Business and Office
SURROUNDING PROPERTIES
Zoning -
Subject Property
North
East
South
West
B2 Community Business District
B2 Community Business District
B2 Community Business District
RMF4 Multi-family High Density Residential
B2 Community Business District
Existing Land Use -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Residential health-related and parking lot
Vacant
Residential
Medical offices (Biscayne Institutes)
Commercial
Future Land Use-According to the City of Aventura Comprehensive Plan, 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
Medium High Density Residential
Business and Office
Business and Office
The Site - The overall Imperial Club site (Tract "A", Port William Subdivision) measures
3.415 acres. Of this, approximately 1.4947 acres is owned by Affordable Community
Housing Trust (ACHT) and contains an existing 14-story apartment building for the
elderly. The remaining area of approximately 1.9203 acres is owned by Royal Imperial
Group (Aventura Land Investment, L.P.) and currently contains part of the parking lot
for the existing Imperial Club apartment building.
2
The Project- In 1990, Miami-Dade County approved a site plan allowing an 8-story
Adult Congregate Living Facility (ACLF) and nursing home on the land now owned by
Royal Imperial Group (Aventura Land Investment, LP). On February 12, 1999 the City
of Aventura approved a Substantial Compliance Determination (SCD) to replace the
nursing home component of the second building with an alI-ACLF configuration and to
enlarge the parking structure from 30 to 42 parking stalls. On June 30, 1999 the City of
Aventura approved a minor site plan revision to allow changes to the configuration of
the proposed parking structure, the parking and sidewalk areas west of the second
building's west entry, and the installation of a dumpster enclosure southeast of the new
facility. It is this minor site plan revision that is the subject of the present appeal.
DESCRIPTION/BACKGROUND
In 1984, Miami Dade County, in Resolution 4-ZAB-506-84, approved a site plan for an
apartment hotel for the elderly on Tract A of Port William Subdivision. In 1990, Miami-
Dade County, in Resolution Z-264-90, approved a revised site plan that allowed two
towers, a 14-story apartment building for the elderly (now existing) and an 8-story ACLF
and nursing home (which has not yet been built). In 1992, the owners of the site, Royal
Imperial Group, sold that portion containing the existing 14-story apartment house to
Affordable Community Housing Trust (ACHT), and retained ownership of the remainder.
On February 12, 1999 the City of Aventura approved a Substantial Compliance
Determination submitted by Royal Imperial Group to alter the previously approved site
plan. The proposed new site plan replaced the joint nursing home/ACLF with a 132,202
sq. ft. ACLF containing 171 one- bedroom units and no nursing home component. In
addition, the parking structure was enlarged to 11,918 sq. ft. and from 30 to 42 parking
spaces. The additional 12 spaces replaced surface parking stalls originally located
adjacent to a driveway on the southeast perimeter of the site. Royal Imperial Group
reserved the parking deck spaces for valet parking and agreed to provide 24-hour valet
service.
On June 9, 1999 Royal Imperial Group applied for a minor site plan revision to allow
changes to the configuration of the proposed parking structure, the parking and
sidewalk areas west of the new building's west entry, and the installation of a dumpster
enclosure southeast of the new facility. After negotiations with City staff, the applicant
agreed to increases in landscaping and buffering in response to a request from
Affordable Community Housing Trust, the owners of the existing 14~story apartment
tower.
On June 22 the City received a letter from Dr. Marie A. DiCowden, President of the
Biscayne Institutes of Living and Health, owners of the land and building immediately
east of the Imperial Club. Dr. DiCowden indicated that the Biscayne Institutes had
reservations about Royal Imperial Group's development plans and asked that the
administrative approval of the minor site plan revision be deferred.
Meetings with representatives of the two landowners and City staff were unable to
achieve agreement between the landowners. On June 30, 1999 the Community
Development Department informed both landowners of the Department's intention to
approve the minor site plan revision.
On September 9, 1999 the Biscayne Institutes submitted a formal request to appeal
staff's June 30 administrative decision. The appellants stated that the plans approved in
1990 by Dade County and reapproved in 1999 are in direct violation of numerous
provisions of the Americans With Disabilities Act. More specifically, appellants maintain
that the parking garage provides no disabled spaces within its structure nor appropriate
access from a closed garage.
Section 513 of the City of Aventura Land Development Regulations limits the right of
appeal to the applicant for a development who believes he has been aggrieved by a
decision. However, because the evaluation undertaken by City staff pertaining to the
appealed decision was done when the County's land use regulations were in effect, the
decision was made to allow an appeal under the provisions of Section 33-311 of the
County code. Section 33-311 of the Miami-Dade County Code, as applied pursuant to
Section 34-92 of the Code of the City of Aventura, provides for appeals of
administrative planning and zoning decisions made by the Director by most parties who
believe themselves to be aggrieved by an administrative land use decision.
ANALYSIS: MINOR SITE PLAN REVISION
Description of Revisions to Site Plan (February 12, 1999 Substantial Compliance
determination)- 1) Replacement of the previously approved joint nursing home/ACLF
facility with a 132,202 sq. ft. ACLF containing 171 one-bedroom units and no nursing
home component. 2) Enlargement of the previously approved parking structure to
11,918 sq. ft. and from 30 to 42 parking spaces. The additional 12 spaces replaced
surface parking stalls originally located adjacent to a driveway on the southeast
perimeter of the site. 3) Replacement of the access ramp to the second level of the
parking structure with an elevator. Because of the use of the elevator, City staff
required that access to the second level be limited to valet staff, and that valet parking
services be available to residents at all times.
Description of Revisions to Site Plan (June 30, 1999 Minor Site Plan Revision) -
Changes to the configuration of the proposed parking structure to allow narrower
parking stalls and aisle parking. These were requested in response to the requirement
by the City that only valet parking be permitted on the parking deck and that 24-hour
valet service be provided. In addition, the parking and sidewalk areas west of the new
building's west entry were changed to improve handicap parking space access, and a
4
dumpster enclosure southeast of the new facility was added. Subsequent to
negotiations with City staff, Royal Imperial Group agreed to increases in landscaping
requested by Affordable Community Housing Trust.
Reasons for Appeal
1) The approved 1990 and 1999 site plans violated the Americans with
Disabilities Act.
The City was never in a position to approve or deny the proposed second tower and the
parking deck, as it did not have the authority to override an earlier Miami-Dade County
development approval. In its February Substantial Compliance Determination, the City
was limited to determining if the proposed revisions were in substantial conformity with
previously existing development orders or dictated changes that required Code
variances that previously were not required or obtained, The subsequent June 1999
analysis of the requested minor site pan revision indicated that it was also in substantial
conformity with existing County approvals and did not require variances from the City of
Aventura Land Development Regulations that did not previously exist.
2) The new parking garage provides no disabled spaces within its structure.
The revised site plan calls for seven disabled parking spaces, the same number
required in the 1990 Miami-Dade County approval. Section 516 of the South Florida
Building Code requires the site, with 156 regular parking spaces, to have five disabled
parking spaces. These are located on the northwest portion of the site, near the entry to
the proposed new tower. However, the parking structure requires no disabled parking
spaces because it is intended to be serviced by valet staff. The disabled will be able to
enter or exit their vehicles at the front portico of the existing 14-story tower or at the
front door of the new 8-story tower with parking done by the valets: As noted by the
appellant in the letter of appeal, the original 1990 Miami-Dade County site plan also
called for no disabled parking spaces on the parking garage.
3) The minor site plan revision removes two existing parking stalls for the
disabled.
Two disabled parking stalls do presently exist east of the present 14-story apartment
tower. Their removal was included in the site plan approved by Miami-Dade County in
1990 and have been a feature of all the subsequent revisions of the site plan. However,
as explained above, the site will continue to include two more disabled parking stalls
than required by the South Florida Building Code. The new parking deck, with its valet
parking available on a 24-hour basis, will also provide accessible parking for the
disabled. The appellant has indicated that the Imperial Group and the Biscayne
Institutes have a private-party cross-parking agreement that allows clients of the
Biscayne Institutes to use parking stalls in the Imperial Club's parking lot. The two
5
disabled parking stalls are the closest such stalls to the Biscayne Institutes building, A
dispute over the interpretation of a private agreement is not a zoning issue.
RECOMMENDATION
It is recommended that the City Commission deny the request to overturn staff's
approval of a minor site plan revision. (Such denial would uphold staff's favorable
Substantial Compliance Determination.)
6
September 9, 1999
Ms. Brenda Kelley
Coramtmity Development Director
City of Aventura
2999 N.E. 191st Stxeet
Suite 5O0
Aventura, FL 33180
Via Fax and Regular Marl
Re: Appeal of Imperial Group Administrative Approva/
THE
I]ISCAYNE
INSTITUTES
Dear Ma. Kelley:
I am in receipt of your letter dated Septemtx=r 3, 1999. Please consider this to be a formal
request to appeal the staff's decision to the City Commission regarding thc Imperial
Group's re~luest to build a two-story p~lcing garage at the location adjacent to the
rehabilitation center located ~t 2785 N.E. 183rd S~'eet.
We have had one brief meeting on August 30, 1999 with the owner a~d arLomey for the
Imperial Group. This meeting was fioally arranged after they had cancelled two
previously scheduled meetings in late July and early August. At the August 30th
meeting, we pointed out, as previously expressed to the oWner's attorney, that the plans
approved in 1990 by Dade County mad reapproved by the City of Aventura ill 1999 arc in
direct violation of numero~ provisions of the America~ With Disabilities Act. While
we had hoped we would be able to work out an amicable resolution that would allow
compliance with Federal law, we have ~ no communication since that meeting fxom the
owner or their attorney addressing these matters. Their ip. sistcnce on pushing ahead with
cor~strucfing a garage that provide~ no disabled spaces withi~ its structure nor
appropriate tceess from e closed garage a~ well as entail, other numerous viol~tlon$
of the ADA has left us no other choice but to appeal this decision a.rid tatke any and all
other steps necessary to ensure compliance with Federal law.
Please also consider this a formal request for a written copy of the procedures for appeal
of the decision to the City Commission and any further appeal processes beyond that
which may be necess,~.
Sincerely, /
Marie A. DiCowdcn, PI~.D.
Executive Director
cc: Michael Miller, Esquire
EXHIBIT #1
02-APP-99
T:305/932 8994
Hospital
& Medical
Center
Y',CHT CLUB DR.
WAY
207 ST.
IR,
201 TER.
AVENTURA
Aventura Police
)opartment
192 ST.
SITE
Maule
Lake
, of Aventura
Government
Little
Maule
Lake
190 ST
188 ST.
33180
~ Dumfoundling / -'
so~,,~ / ·
EXHIBIT #2 ~
Atlantic
Ocean
LEGEND 0
Roadways
- - - - - , City Boundary
.......... ZiP Code Bounaary
........... Raikoao
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA UPHOLDING AN
ADMINISTRATIVE MINOR SITE PLAN REVISION FOR
PROPERTY LOCATED AT 2751 NE 183 STREET;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Biscayne Institutes through Application No. 02-APP-
99, has requested that the City Commission overturn a favorable administrative minor
site plan revision, which, if upheld by the Commission, would approve a minor
modification of a previously approved site plan for that certain property located at 2751
NE 183 Street in Aventura, Florida; 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. Request to overturn a favorable administrative minor site plan
revision for that certain property legally described as:
Portion of Tract "A" Port William Subdivision according to the plat
thereof recorded in Plat Book 127 Page 46 of the public records of
Dade County, Florida
a.k.a.
2751 NE 183 Street
is hereby denied, thereby upholding an administrative minor site plan revision.
Resolution No.
Page 2
Section 2. The City Manager is authorized to cause the issuance of an
administrative site plan revision in accordance with the approvals herein provided and
to indicate such approvals upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
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 Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC/AAE, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ___ day of
, 1999.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
pment Direct8
TO:
BY:
DATE:
September 25, 1999
SUBJECT: Request of DIM Waterways, LP for a Sign Variance to permit a monument
sign for the Shoppes at the Waterways at the northeast corner of
Biscayne Boulevard and NE 207 Street. (09-SV-99)
October 5, 1999 City Commission Meeting Agenda Item 3 ~-
RECOMMENDATION
It is recommended that the City Commission approve the request for a Sign Variance in
that it meets the criteria for granting of variances found in the City's Sign Ordinance.
THE REQUEST
The applicant, DIM Waterways, L. P. is requesting the following:
1) A sign variance to permit an existing, legal, non-conforming monument sign for
the Shoppes at the Waterways that is 66 square feet in area where City code
allows monument signs to be a maximum of 48 square feet in area; and
2) A sign variance to allow said sign to continue to be located off the premises of
the shopping center at the northeast corner of Biscayne Boulevard and NE 207
Street, where no off-premises signs are allowed by code; and
3)
A sign variance to allow a monument sign to be iocated upp~ox]ma[e~y 85 feet
from another monument sign where the City's sign code ~'eqdlres a minimum
spacing of 200 feet.
(See Exhibit #1 for Letter of Intent)
BACKGROUND
(Note: Property information refers to the site on which the monument sign is located,
not the site of the Waterways Shopping Center.)
OWNER OF PROPERTY
LaSalle U.S. Reality Income and Growth Fund,
Inc.
NAME OFAPPLICANT
DIM Waterways, LP
ADDRESS OFPROPERTY
20801 Biscayne Boulevard (See Exhibit #2 for
Location Map)
SIZE OFPROPERTY
Approximately 10.34 acres.
LEGAL DESCRIPTION
Tract "C" Biscayne Waterways First Addition
Subdivision, Plat Book 126, Page 18, Official
records of Miami-Dade County, Florida.
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
OP Office Park District
OP Office Park District
B2 Community Business District
RS2 Residential Single Family District
MO Medical Office District
Existing Land Use-
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Office Park
Vacant and Commercial
Vacant and Shopping Center
Residential
Retail and Hospital
Future Land Use -
Subject property:
Properties to the North:
Business and Office
Business and Office
2
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Medium High Density Residential
Business and Office
The Site - The monument sign is located on the grounds of the Aventura Corporate
Center, a 10-acre office park with two 5-story office buildings and two 2-story parking
garages on the northeast corner of Biscayne Boulevard and NE 207 Street.
The Project- The existing monument sign at the northeast corner of Biscayne
Boulevard and NE 207 Street was built in 1983, at which time the Waterways Shopping
Center and what is now the Aventura Corporate Center were under the same
ownership. Since that time, both properties have been sold to separate owners, but the
sign has continued to be used to provide direction to, and visibility for, the Waterways
Shopping Center.
ANALYSIS
Citizen Comments- The Community Development Department has received no
written citizen comments.
Community Development Department Analysis -
Criteria
On June 3, 1997, the Aventura City Commission adopted sign regulations for the City.
Non-conforming signs were allowed to continue until the expiration of an amortization
period concluding on June 3, 2000, providing that each sign was registered by its owner
within 90 days of the adoption of the ordinance. The signs were not registered and now
require a variance.
The criteria for approval of sign variances as required by the City of Aventura Sign
Ordinance (No. 97-17) requires:
The sign varfance 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.
Negoti.ations between City staff and the applicant have resulted in agreements
concerning the content and management of the sign that meets the criteria outlined
in the Ordinance. The applicant has agreed to renovate, improve and maintain the
removable signage listing individual tenants while making the signage easier to read
and more attractive. The sign will provide direction to the Waterways Shopping
Center, approximately one mile east of the sign's location. This change will improve
the sign's appearance and facilitate maintenance. The applicant has agreed to
assume fi~al responsibility for the maintenance and repair of the :'.ign. (See Exhibit
#3 for letter from applicant.) The signage serves an important economic
development function in directing patrons to the specialty stores and restaurants
located in the Waterways Shopping Center. The Waterways Shopping Center
provides a much needed location for neighborhood retail functions serving residents
in the northeast quadrant of the City. However, the same location that makes this
level of convenience possible also places merchants at the Waterways at a
competitive disadvantage to other retail centers located on Biscayne Boulevard. The
proposed sign helps address this disadvantage while imposing no hardship on the
residents living in proximity to the Waterways center.
Staff, therefore believes that the renovated sign will maintain the stability and
appearance of the City and provides that the proposed signage is compatible with
the surrounding land uses and would not be detrimental to the community.
RECOMMENDATION
It is recommended that the City Commission approve the request for a Sign Variance in
that it meets the criteria for granting of variances found in the City's Sign Ordinance.
4
Fort Laudecdale, FL 33394
SEP 2 9 1999
ADDENDUM
Sepmmber 29, 1999
City of Aventura
Re: SIGN VARIANCE REQUEST
SHOPPES AT WATEI~WAYS TENANTS
3575 NE 207 STREET
To Whom It May Concern:
With this addendum we hope to be able to prove to this council our need and our firm
commitment to the City of Aventura. Our intentions are to improve the existing
monument sign, listing our five restaurants. Each restaurant's name will be on a
removable blue wooden board with raised letters in beige. We have made arrangements
with Signs by Modem Display, upon our request, to remove any vacat/ng tenant's name
and move the others up so ttmt there will never be a space between narne~. We will keep
the sign in good repair at all times, as well ~s the shmbbe~ around the sign.
We fully understand the time and money that has gone into the beautification of Aventura
and we would like to be a supporting par~ of this effo~t.
Asain~ we offer you our etron~ c~rm~itment to comply with your regulations and hope to
have your approval on this addendum.
Respectfully,
Thc Shoppes at the Waterways.
Phone: (954) 523-20?0
National: (800) 407-~)919
Fax: (954) 463-0515
April 9, 1999
CITY OF AVENTURA
RECEIVED
MAY 1 1 1i)99
OOMMUNF[Y D6VELOP1VENT
SIGN VARIANCE REQUEST
SHOPPES AT WATERWAYS TENANTS
3575 NE 207 STREET
To Whom It May Concern:
DIM Waterways, LP, the owners of the Shoppes at Waterways, is requesting a
sign variance in order to retain an existing Monument Sign just south of NE 207 Street,
as well as for the installation of a new Monument Sign to replace the one on the north
side of NE 207 Street at Biscayne Blvd.
Our center is located approximately one mile east of the Boulevard on NE 207
Street and is unique in the area as it is situated on the Intercoastal Waterway and is more
like a park then a shopping center. Residents as well as tourists come to our center, not
only to shop, but also to rest and enjoy the ambiance ora European setting in America.
Unfortunately, the only way people know where we are located is by word-of-
mouth. On numerous occasions our tenants have been told that we should have a sign on
Biscayne Boulevard advertising that we are here!
We would like to change the existing sign that lists some of our tenants to a City
approved sign with the name of the center, advertising that we have fine dining and
specialty shops. This will really help our tenants and draw even more tourists to the
Aventura area. Your cooperation in this matter is greatly appreciated.
Sincerely yours,
Kathy Wheeler
Property Manager
DIM Waterways, LP
EXHIBIT #1
09-SV-99
463 051 q
Hospital
Center
SITE
- WATERWAYS I
201 TER.
~,VENTURA
192 ST.
/ of Aventura
190~
188 ST. ~r
Lfttle
Maule
Lak~
/-
/ .
3~
33'
~ Dumfoundling
Wt]liams
So~nd
Maule
Lake
EXHIBIT #2
09-SV-99
3DR,
207 ST. --
CLUB DR.
LEGEND 0
Roadways
= - = - - · City Boundary
....... ZIP Code Boundary
........... Railroad
CITY OF AVENTURA
Attn: Mr. Bruce Epperson
August 23, 1999
SIGN VARIANCE REQUEST
SHOPPES AT WATERWAYS TENANTS
3575 NE 207 STREET
Dear Mr. Epperson:
Pursuant to our telephone conversation last week concerning the above referenced
matter, please be advised that if DIM Waterways, LP, the owners of the Shoppes at
Waterways, is awarded the variance, they will take full responsibility for the maintenance
and the landscaping of the 160 square feet area where the sign is located.
Sincerely yours,
Property Manager
DIM Waterways, LP
/k
EXHIBIT #3
09-SV-99
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A SIGN
VARIANCE FOR DIM WATERWAYS, LP (SHOPPES AT
THE WATERWAYS), TO ALLOW AN EXISTING
MONUMENT SIGN THAT IS 66 SQUARE FEET IN AREA
WHERE CITY CODE ALLOWS MONUMENT SIGNS TO BE
A MAXIMUM OF 48 SQUARE FEET IN AREA;
APPROVING A SIGN VARIANCE TO ALLOW SAID SIGN
TO CONTINUE TO BE LOCATED OFF THE PREMISES
OF THE SHOPPING CENTER AT THE NORTHEAST
CORNER OF BISCAYNE BOULEVARD AND NE 207
STREET, WHERE NO OFF-PREMISE SIGNS ARE
ALLOWED BY CODE; APPROVING A SIGN VARIANCE
TO ALLOW A MONUMENT SIGN TO BE LOCATED
APPROXIMATELY 85 FEET FROM ANOTHER
MONUMENT SIGN WHERE THE CITY'S SIGN CODE
REQUIRES A MINIMUM SPACING OF 200 FEET;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned OP, Office Park District, a
non-residential district; and
WHEREAS, the Applicant, DIM Waterways, LP, (Shoppes at the Waterways)
through Application No. 9-SV-9@, has requested the following: 1) a sign variance to
permit an existing, legal, non-conforming monument sign for the Shoppes at the
Waterways that is 66 square feet in area where City code allows monument signs to be
a maximum of 48 square feet in area; and 2) a sign variance to allow said sign to
continue to be located off the premises of the shopping center at the northeast corner
of Biscayne Boulevard and NE 207 Street, where no off-premises signs are allowed by
Code; and 3) a sign variance to allow a monument sign to be located approximately 85
Resolution No.
Page 2
feet from another monument sign where the City's sign code requires a minimum
spacing of 200 feet; 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, 9-SV-99, for sign variance to permit an existing,
legal, non-conforming monument sign for the Shoppes at the Waterways that is 66
square feet in area where City code allows monument signs to be a maximum of 48
square feet in area, on property legally described as:
Tract "C" Biscayne Waterways First Addition Subdivision, Plat Book 126, Page
18, Official Records of Miami-Dade County, Florida.
aka
Aventura Corporate Center
20801 Biscayne Boulevard
is hereby granted exclusively to Shoppes at the Waterways (DIM Waterways, LP).
Section 2. Request for a sign variance to allow said sign to continue to be
located off the premises of the shopping center at the northeast corner of Biscayne
Resolution No.
Page 3
Boulevard and NE 207 Street, where no off-premises signs are allowed is hereby
approved.
Section 3. Request for a sign variance to allow a monument sign to be located
approximately 85 feet from another monument sign where the City's sign code requires
a minimum spacing of 200 feet is hereby approved.
Section4. 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 Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC/AAE, City Clerk
Resolution No.
Page 4
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of
,1999.
CITY CLERK
l
CITY COMMISSION MEETING
entura
6 PM
%~,~,~, 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,
Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
PLEDGE OF ALLEGIANCE. Chief Tom Ribel led the pledge of allegiance.
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 headngs were sworn in by the City Clerk.
A. Mr. Weiss read the following resolutien by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 1101 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 500-
GALLON ABOVE-GROUND FUEL STORAGE TANK FOR AN EMERGENCY
GENERATOR IN THE RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL
ZONING DISTRICT, WHERE NO ABOVE GROUND FUEL STORAGE TANKS
ARE ALLOWED FOR PROPERTY LOCATED AT 19500 TURNBERRY WAY;
PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Commissioner Holzberg
disclosed his conflict of interest, filed the appropriate disclosure form and did not
vote on this issue. A motion for approval of the resolution was offered by
Commissioner Perlow and seconded by Vice Mayor Rogers-Libert. Mayor
Snyder opened the public hearing. The following individual(s) addressed the
Commission: Brian Damit, Seamar Petroleum, South Miami. There being no
further speakers, the public hearing was closed. The motion for approval of the
resolution passed unanimously, 6-0, and Resolution No. 9946 was adopted.
APPROVAL OF MINUTES: A motion to approve the minutes of the August 3,
1999 Commission Meeting, and the August 25, 1999 Workshop Meeting was
offered by Vice Mayor Rogers-Libert, seconded by Commissioner Berger and
unanimously passed.
AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
SPECIAL PRESENTATIONS: Joe Abell, Director of Parks and Recreation for
the City of Coral Gables, presented the Agency Excellence Award to the
Aventura Community Services Department from the Florida Recreation and Park
Association. Robert Sherman, Community Services Department Director,
introduced members of his staff and the community who were instrumental in
receipt of this award.
CONSENT AGENDA:
Commissioner Berger requested removal of items 7C, 7E and 7F and
Commissioner Holzberg requested removal of item 7G, all from the Consent
Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers-Libert, seconded by Commissioner Berger, unanimously passed
and the following action was taken:
A. Resolution No. 99-47 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF
EASEMENTS FOR DECORATIVE STREET LIGHTING AND
LANDSCAPING FOR NORTHEAST 207TH STREET IN THE CITY OF
AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING EASEMENTS;
AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR
EFFECTIVE DATE.
B. Resolution No. 99-48 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR
2
COMMISSION TRAVEL AND EXPENSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
D. Resolution No. 99-49 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENTS OF
BARBARA BRIGHTON AND PATRICIA CROOK TO THE CITY OF
AVENTURA RECREATION AND CULTURAL ARTS ADVISORY
BOARD IN ORDER TO FILL VACANCIES; AND PROVIDING AN
EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-380
"RESTRICTION ON ACTIVITIES BY CITY LOBBYIST" OF ARTICLE VI
"LOBBYING ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION;"
PROHIBITING ANY PERSON RETAINED BY THE CITY TO SERVE AS
A LOBBYIST FROM LOBBYING THE CITY DURING THE TERM OF
SERVICE AND FOR A PERIOD OF ONE YEAR AFTER COMPLETION
OF SERVICE; PROVIDING PENALTY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Beskin. The motion for approval failed 3-4, with Commissioners
Beskin, Perlow and Vice Mayor Rogers-Libert voting yes and Commissioners
Berger, Cohen, Holzberg and Mayor Snyder voting no.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH
AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE
42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
The following individuals addressed the Commission: Janet Laine, 3900 Island
Blvd., and Clifford Schulman, Esq., representing Williams Island. A motion to
3
defer this matter until the October 5, 1999 meeting was offered by Commissioner
Berger and seconded by Vice Mayor Rogers-Libert. The motion for deferral
passed 5-2, with Commissioners Holzberg and Perlow votir,,; no.
F. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 33 "PARKS AND
RECREATION" BY CREATING SECTION 33-2 "PARKS AND
RECREATION USER FEES"; AUTHORIZING USER FEES TO BE
PROVIDED FOR PARKS AND RECREATION FACILITIES, LEAGUES,
ACTIVITIES AND PROGRAMS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Holzberg. Commissioner Berger requested that item C2 be
clarified to read $25 per hour per person. Commissioner Holzberg requested the
user fees be clarified to provide that there will be no per team registration charge
for youth sports. The motion for approval, as amended, passed unanimously by
roll call vote.
G. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN &
HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1999; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT
LETTER; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Vice Mayor Rogers-Libert. An amendment was offered by Commissioner
Perlow, seconded by Commissioner Holzberg and unanimously passed to
provide a maximum fee cap of $22,500, The motion for approval of the
resolution as amended, passed unanimously and Resolution No. 99-50 was
adopted.
PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE
CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE
NO. 99-09, BY AMENDING SECTION 1205 ENTITLED "REPAIR OR
4
10.
11.
12.
13.
RECONSTRUCTION OF NONCONFORMING STRUCTURE", AMENDING
PARAGRAPH 1205.4.2 CONCERNING COMMERCIALLY DEVELOPED
PROPERTIES, PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Perlow. Mayor Snyder opened the public hearing. The following
individual addressed the Commission: Mr. Schulman. There being no further
speakers, the public hearing was closed. The motion for approval passed 5-2,
with Commissioner Beskin and Vice Mayor Rogers-Libert voting no.
PUBLIC HEARINGS: ORDINANCES - SECOND READING: Mr. Weiss read
the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, RELATING TO AD
VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE
APPLIED TO MILLAGE RATES LEVIED BY THE CITY, PROVIDING
REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF
SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF
EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME
LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Cohen. Mayor Snyder opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 99-11 was enacted.
RESOLUTIONS: None.
OTHER BUSINESS: None.
REPORTS: As presented.
PUBLIC COMMENTS: The following individuals addressed the Commission:
Ginger Grossman, 20100 W. Country Club Drive; Leonard Geller, Commodore
Plaza and Rev. Will Keyser, Church of Aventura.
5
14.
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 p.m.
Teresa M. Soroka, CMC/AAE 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 is made, which record includes the testimony and evidence upon which the appeal is to be
based.
6
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 9, 1999 6 PM
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert,
Mayor Snyder, City Manager Eric M. Soreka, City Clerk Teresa M. Soroka, and City
Attorney David M Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE. Harry Kilgore led the pledge of allegiance.
3. PUBLIC HEARINGS: ORDINANCES: FIRST READING: t999/2000 BUDGET:
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 3.13% ABOVE THE
ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE
1999 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Soroka announced that the millage levy rate at 2.2270 mils per thousand
dollars of taxable assessed property value is 3.13% above the rolled back rate of
2.1595 computed pursuant to state law.
A motion for approval was offered by Vice Mayor 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 by roll call vote.
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, 1999, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 1999/2000 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.
A motion for approval was offered by Vice Mayor 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 by roll call vote.
Mr. Soroka announced that the next budget hearing will be held on Thursday,
September 23, 1999 at 6 p.m.
ADJOURNMENT. There being no further business to come before the
Commission, the meeting adjourned at 6:06 p.m.
Teresa M. Soroka, CMC/AAE 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 is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
CITY COMMISSION MEETING
Aventura
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:10 p.m. by
City Attorney David M. Wolpin. Present were Commissioners Arthur Berger, Jay R.
Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, City Manager Eric M.
Soroka, and City Attorney David M. Wolpin. Mayor Arthur L Snyder and Vice Mayor
Patricia Rogers-Libert were absent. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE. Mr. Wolpin led the pledge of allegiance.
In the absence of the Mayor and Vice Mayor, a motion to appoint Commissioner Perlow
as Chair of the meeting was offered by Commissioner Beskin, seconded by
Commissioner Cohen and unanimously passed.
PUBLIC HEARINGS: ORDINANCES: SECOND READING: 1999/2000
BUDGET:
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 3.13% ABOVE THE
ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE
1999 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Finance Support Services Director Harry M. Kilgore explained the millage levy
rate, the rolled back rate and the technical reason for publishing a notice of tax
increase even though the City is not increasing the millage rate from last year's
rate.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Cohen. Commissioner Perlow opened the public hearing. The
following individual addressed the Commission: Judith Sloan, Coronado. There
being no further speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (5-0) and Ordinance No. 99-12
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, 1999, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 1999/2000 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.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Holzberg. Commissioner Perlow opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (5-0) and Ordinance No. 99-13
was enacted.
ADJOURNMENT. There being no further business to come before the
Commission, the meeting adjourned.
Teresa M. Soroka, CMC/AAE 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 is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
ntC .t
MINUTES
CITY COMMISSION
WORKSHOP MEETING
SEPTEMBER 29, 1999 9 AM
Aventura C-overnment Center
2999 NE 191 ~ Street Suite 500
Aventura, Florida33180
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, Harry Holzberg,
Jeffrey M Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney Richard
Jay Weiss. As a quorum was determined to be present, the meeting
commenced.
TOWN CENTER MEETING UPDATE: Mr. Soroka provided an update as
to the recent meeting with various property owners in the subject area to
discuss the proposed Town Center redevelopment concept as outlined in
his memo to the Commission dated September 24, 1999.
LIBRARY UPDATE: Miami-Dade County Commissioner Senator Gwen
Margolis addressed the Commission regarding the City's concerns about
the North Dade Regional Library. Ray Santiago, Director of the County
Library System, addressed the Commission and explained the County's
relationships with other cities in the County relative to branches of the
library. Phil Sturtz spoke to this issue. After discussion, Mayor Snyder
appointed a Committee comprised of Commissioners Beskin (chair),
Perlow and Berger to meet with City Manager and make recommendation
to Commission as to how to proceed.
TOWN CENTER COMPREHENSIVE PLAN CONCEPTS. Mr. Soroka
discussed a proposal submitted to the City to purchase property in the
Thunder Alley area and the proposed development concept, as outlined in
Mr. Soroka's memo dated September 28, 1999. He requested
Commission's comments relative to this concept. Consensus of
Commission to indicate to the developer that Commission would be
interested in further studying such a concept and encourage developer to
make application to the City.
TELECOMMUNICATIONS ORDINANCE. Matt Leibowitz, Esq. and
Braulio Baez, Esq., the City's cable counsel, presented a revised draft of a
proposed Telecommunications Ordinance for consideration by the
Commission. Cable counsel to prepare an outline comparing City's
current Telecommunications Franchise with ordinance presently
proposed.
BOARD REPORTS. Janet Laine, Chair of the Recreation and Cultural
Arts Advisory Board, updated the Commission on the Board's activities.
Commission requested detailed information from staff relative to items
from the Board that need Commission approval. Mrs. Nesbitt gave an
update on the activities of the Beautification Advisory Board.
GOVERNMENT CENTER UPDATE. Michael Shift, Architect and Rick
Deere, Cummings Construction, provided an update on the status of the
proposed project and discussed a proposed change order to this project.
Consensus to approve change order.
TERMITE REPORT. Mr. Soroka advised the Commission of the
scheduled meeting on October 27, 1999 at 7 p.m. at Coronado to discuss
this issue.
At their request, Mr. Sherman provided an overview of the activities scheduled
for Founders Day and Founders Ball.
10.
SELECTION OF VICE MAYOR. Consensus that Arthur Berger serve as
next Vice Mayor.
DADE LEAGUE REPRESENTATIVE. (Commissioner Berger).
Commission discussed appointment of next representative to Dade
League of Cities.
FLORIDA MUNICIPAL INSURANCE TRUST FUND. Vice Mayor Rogers-
Libert updated the Commission on issues being addressed by this
Committee.
11.
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 12:30 p.m.
Teresa M. Soroka, CMC/AAE City Clerk
Approved by the Commission on
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~f ..¢'
Eric M. Soroka, C~ M~ager
Brenda Kelley, C~ml~nity[/De .~lopment Direct~
September 30, 1999 ~ ~'
Petition of ConsuI-Tech En¢ ~neering, Inc. for' Final Plat approval of
Williams Island Sixth Amended, 02-SUB-99)
October 5, 1999 City Commission Meeting Agenda Item
This item was deferred by the City Commission for one month at the September 7, 1999
meeting, where it had originally appeared as Agenda Item Number 7E. It was deferred
at the request of a resident of the adjacent Mediterranean Village residential complex,
who asked for the additional time to research the application and report on it to the
homeowner's association.
Clifford A~ Schulman
(305) 579-0613
Dhrect Fax: (305) 961-5613
E-Mail: schua ~anc(~gtlaw.com
Ms. Janet K. Laine
3900 Island Boulevard
Unit B207
Williams Island, FL 33160
Re: Williams Island P1at
Dear Ms. Laine:
A T T O R IN E Y S A T L A W
September 8, 1999
RECEiVeD
COMMU, NIT~ DEVELOPhI, EI4T
RECEIVED
SEP ! 0 fqqq
~"OMMUNffY ~
I regret that you and others felt there was inadequate time in which to review the above-
noted matter, which resulted in deferral unffl the next City Commission meefmg. It is my
understanding, from your statements to the Commission last week, that the concerned residents
will be hiring a professional land surveyor to assist them with their review of the proposed plats. I
would like to take this opportunity to offer our assistance with your expert's review. When you
hire your surveyor, please have him contact me, and I will set up the appropriate meeting with our
surveyor in order to satisfy your concerns. Obviously, we would appreciate if this could be done
promptly so there is no further delay in this matter.
If you have any questions, please call me.
CAS/cph
Mr. Eric Soroka
Ms. Brenda Kelly
Mr. Robert Finvarb
Mr. David Amowitz
Mr. Doris Suttin
Mr. Cyril Saiphoo
Gary A. Saul, Esq.
Yours very truly,
Clifford A. Schulman
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. So ro ka, C/~_ (~a'a'~
Brenda Kelley, (,(~mm~
August 13, 1999
Ielopment Direct~,~L
Petition of ConsuI-Tech Engineering, Inc. for Final
VVilliams Island Sixth Amended (02-SUB-99)
Plat approval of
September 7, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City
Amended Final Plat.
Commission approve the Williams Island Sixth
THE REQUEST
The applicant, Consul-Tech Engineering, Inc, is requesting Final Plat approval of the
subject property with the intent of constructing 65 apartment type dwelling units. (Letter
of Intent is attached as Exhibit #1)
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
Williams Island Associates, Ltd. and WI
Development, Inc.
ConsuI-Tech Engineering, Inc.
LEGAL DESCRIPTION A Portion of Tract "C", Williams Island
Amended, according to the plat thereof, as
LOCATION OF PROPERTY
SIZE OF PROPERTY
recorded in Plat Book 126, Page 4 of the
Public Records of Dade County
The east-central portion of the Williams Island
Development immediately north of the
Mediterranean Village residential complex.
(See Exhibit #2 for location map)
Approximately 1.58 acres
DESCRIPTION/BACKGROUND
The site is currently platted as Tract "C" of Williams Island Amended, Plat Book 126
B126-49. The applicant is requesting a replat to create a new Tract "O", containing
approximately 1.55 acres of land. The replatting is intended to allow a proposed 65-unit
residential structure on the site.
ANALYSIS
Site Plan - No site plan exists. The site now contains the ship's store and dock-
master's office in two temporary modular units.
Zoning -The zoning of the site is RMF4, Multi-Family High Density Residential District.
The platting of the tract is consistent with its zoning.
Future Land Use designation - The Future Land Use designation for the property is
Medium-High Density Residential, allowing up to 60 dwelling units per acre. The platting
of the tract is consistent with this designation.
Access - The new Tract "O" fronts onto Williams Island Boulevard (a private vehicular
easement), which provides access to the site. Utility access to the site is via a utility
easement within Williams Island Boulevard and separate 10-foot water and 12-foot gas
utility easements. Continuity of all easements is provided through dedications previously
filed in the Public Records of Miami-Dade County.
Final Plat Requirements - Staff has reviewed the plat and finds it to be in compliance
with each of the requirements of subsection 508.6.2 of the City's Land development
Regulations and Chapter 177, Florida Statutes.
· Consulting Engineers
· Land Planners
· Land Surveyors
· Transportation Engineers
· Environmental Engineers
· Cons~xuction Managers
· GPS & GIS Consultants
· Forensic Engineers
· Aviation Consultants
RESPOND TO:
Corporate/Miramar Office
3141 Commerce Parkway
Miramar. Florida 33025
(954) 4384300
FAX (954) 438-1433
E-mail: corp @co~ul-t.com
Other Offices
Bonita Sprin~s
~941) 9474)266
FAX (941) 947-1323
E-mail: bo~ita@consul-t.com
FL Pierce
(561) 467-9085
Fax (561) 467-9350
E-mail: pi~vcc@consul-t.com
Jack~nvllle
(904) 276-3100
FAX (904) 276-3102
E-mail: jackso~@csmsul-t.com
Miami
O05) ~99-3141
FAX (305) 599-3143
E-maih mia@coosul-t,com
Orlando
(407) 843-0094
FAX (407) 423~085
E-mail: ort@consul-t.eom
Palm Beach
(561) 540-5092
FAX (561) 540-5095
E-maih wpalm@consul-[com
CON ,L-TECH ENGINEERIN , INC.
July 12, 1999
Ms. Brenda Kelley, Director
City of Aventura
Community Development Department
2999 N.E. 191 Street, Suite 500
Aventura, FL 33180
RECEIVED
COMMUtNJIY DEVELOPMENT
RE: Letter of Intent/Final Plat/Williams Island 6th Amended
CTE Project No. 870920.1
Dear Ms. Kelley:
Enclosed is an application for Final Plat approval for Williams
Island Sixth Amended. This is a replat ora portion of Tract "C" to
create tract "O", 1.555 acres of land. Tentative Plat approval has
been granted by Miami-Dade County (see attached T-Plat) on July
2nd, 1999. It is our intention to finalize this plat with the City of
Aventura. The development of 65 residential units is proposed for
this new tract. Please confirm this item will be heard before your
City Council on August 3rd as discussed. If there is any item of
which you may have concerns or questions please do not hesitate to
contact our office. Thank you in advance fbr your time and
attention to this matter.
Sincerely,
~anner/Proj ect Manager
C: Robert Finvarb, Williams Island
EXHIBIT #1
02-SUB-99
SITE
.__ 02-SL
EXHIBIT
LEGEND
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
WILLIAMS ISLAND SIXTH AMENDED FINAL PLAT
SECTION 10, TOWNSHIP 52 SOUTH, RANGE 42 EAST
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, ConsuI-Tech Engineering Inc., by and through Application No. 02-
SUB-99, has requested Final Plat approval for Williams Island Sixth Amended, Section
10, Township 52 South, Range 42 East City of Aventura, Miami-Dade County, Florida,
the Final Plat being incorporated herein by reference and made a part of this
Resolution as Exhibit #1; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that Final
Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The final plat for Williams Island Sixth Amended, Section 10,
Township 52S, Range 42E, of the Public Records of Miami-Dade County, Florida as
more particularly described as:
Resolution No.
Page 2
A REPLAT OF A PORTION OF TRACT "C" OF WILLIAMS
ISLAND THIRD AMENDED AS RECORDED IN PLAT BOOK
126, PAGE 49 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, SAID LANDS LYING IN SECTION 10,
TOWNSHIP 52 SOUTH, RANGE 42 EAST', CITY OF
AVENTURA, DADE COUNTY, FLORIDA
is hereby granted exclusively to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
, who moved
, and upon being
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC/AAE, City Clerk
Resolution No.
Page 3
APPROVr-D AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ___ day of
,1999.
CITY CLERK
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission L~~~
Eric M. Soroka, City ~
September 30, 1999
Aventura Government CerPre,ject - Change Order No. I
October 5, 1999 City Commission Meeting Agenda Item ~_ £)
RECOMMENDATION
It is recommended that the City Commission approve the subject Change Order as
discussed at the September 1999 Workshop Meeting.
EMS/aca
Attachment
CC0806-99
RESOLUTION NO. 99-~
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 NO. I FOR AVENTURA GOVERNMENT CENTER
BY AND BETWEEN THE CITY AND JAMES A.
CUMMINGS, 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 Change Order No. 1 for Aventura Government Center by and between the
City and James A. Cummings, Inc., attached hereto and incorporated herein as
specifically as if set forth at length herein. Said Change Order amount is $560,291.
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
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
immediately upon its
, and
Resolution No.
Page 2
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999r
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
CHANGE ORDER FORM
CHANGE ORDER NO. 1
CONTRACT NUMBER: 97-9-30-2
PROJECT TITLE: Aventura Government Center
PROJECT CONTRACTOR: James A. Cummings Inc.
DATE: October 1, 1999
DESCRIPTION OF CHANGES: See attached Exhibit A
Original GMP Contract Amount:
Total Previous Change Orders:
This Change Order:
Revised GMP Contract Amount:
$13,028,946
0
560,291
$13,588,934
Amended Contract Completion Date: September 30, 2000
The sum of $560,291 is hereby added to the GMP Contract price, and the total adjusted Contract
price to date thereby is $13,588,934. The time provided for completion in the Contract has been
amended to September 30, 2000. This document shall become an amendment to the Contract and
all provisions of the Contract will apply thereto.
Approved by
City Manager Date
Accepted by
James A Cummings Inc Date
Unanticipated Permit Requirements
Sitework
Piling
Concrete
Steel
Plaza deck Waterproofing
Louvers-Pump room/generator room
Plumbing
Post Tensioning
HVAC - Smoke Evacuation
Subtotal
Finishing Revisions
Generator roof
Balcony drainage tile revision
Subtotal
Chamber
Redesign
Commission Dais
Ceiling baffles
Projection Screen
Projector Lift Screen
Concrete
Subtotal
Deducts
Mason[y
Stairway Revisions
Deleted stage
Deleted Garage overhead door
Revise chamber walls
Reduce metal shelving
change structural beams
delete curtain and track
Delete steel for roof parapet
Revisions to roofing
Revision to fueling station
Subtotal
Summary Change Order No. 1
11,814
51,839
294,450
91,716
22,387
5,277
47,749
2,195
44,529
571,956
2,737
4,276
7,013
16,890
27,708
6,119
7,059
86,662
144,438
(7,165.0)
(60,640.0)
(12,381.0)
(4,008.0)
(6,788.0)
(2,504.0)
(4,t98.0)
(?,661.0)
(20,70t.0)
(4,153.0)
(4,417.0)
(134,616)
Total
Tax Savings
Overhead
Total Change to GMP
588,791
(87,379)
58,879
560,291
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ty~
Eric M. Soroka, Ci
September 30, 1999 k,k/
Drug Control and System'~trr}provement Grant Program Agreement -
Byrne Grant
October 5, 1999 City Commission Meeting Agenda Item 8C~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of an Agreement with Dade County for the Community Drug and Crime
Prevention Program Grant in the amount of $7,458. This grant was previously received
the past three years.
BACKGROUND
The City had previously applied for the Federal Byrne Grant and received confirmation
of its award. The County administers the grant. The grant will be utilized to implement
crime prevention and community policing programs. The grant will provide $7,458, and
the City is required to provide a $2,486 match for a total of $9,944. A detailed budget
for the grant is attached.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0807-99
RESOLUTION NO. 99-._
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 AGREEMENT
BETWEEN THE CITY OF AVENTURA AND MIAMI DADE
COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME
PREVENTION PROGRAM; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Agreement between Miami Dade
County and the City of Aventura to provide a Community Drug & Crime Prevention Program
in substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by 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 Harry Holzberg
Commissioner Jeffrey M. Perlow
Resolution No. 99-
Page 2
Commissioner Patdcia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
PROGRAM NARRATIVE
Jurisdiction Name: AVENTURA
Address: 2960 Aventura Boulevard, Aventura, FL 33180
Program Area: COMMUNITY POLICiNG
Program Name: Community Policing
Contact Person: Chief Thomas E Ribel
466-8966 PH -- 466-8990 FX
Program Dates: 10/01/99 -- 09/30/00
Target Population: City Residents
Problem Identification
The City of Aventura is a newly formed city, having been created in 1995. The Aventura Police
Department has been providing a full range of police services to the community for just over two years,
having begun operations on April 1, 1997. During that time, Aventura has made a strong commitment to
being sensitive to the needs of the residents within the city through it's Community Policing efforts.
These efforts have been able to better identify problems that need addressing, among these public
education and public safety issues. Traditionally, Aventura has had a significant elderly population, but
the number of familles with young children moving into the city has increased. Se~wices to both these
populations will be target this year.
Previous Activities in this Purpose Area/Unmet Needs
Community Policing is a philosophy that promotes and supports organizational strategies to address the
causes and reduce the fear of crime and social disorder through problem solving tactics and community/
police partnerships. Therefore, with this concept in mind, the Aventura Police Department plans to
enhance current crime prevention efforts encompassing regular meetings with community groups and
other government agencies.
Additionally, as the community of Aventura continues to flourish with young families, the Aventura
Police Department finds that there should be a stronger focus on children. During this first program year,
the police department plans to implement youth programs and activities within the community to develop
a pro-active approach to crime awareness/prevention and public safety.
Demo~ranhic Data
Based upon 1990 US Census data, the city has a population of 15, 384. 98% of the residents are white;
31% are between the ages of 35 to 64 and 51% are over 65 years of age. 77°,4 of the residents live in
buildings have more than 5 units in them. The city is bounded on the east by the intercoastal, the west by
the FEC Railroad, south to 175th street (north side of canal) and north to the Dade/Broward county line.
In addition, the citizens reside primarily in condominiums, having approximately 60 condominium
associations in the city.
Program Description
Through community policing efforts, the Aventura Police Department will establish a youth program to
provide activities during and after school and on weekends. Monthly meetings with community youth
will be the primary means of accomplishing this goal. Additionally, monthly community forums will be
held to address community issues and identify the residential needs of the community. A continual police
presence and community interaction are important factors when instilling a belief of safety among
residents. The Aventura Police Department's bicycle patrol will play an integral role in enhancing this
aspect of police visibility within the community.
Jurisdiction Name: AVENTURA
Address: 2960 Aventura Boulevard, Aventura, FL 33180
Program Area: COMMUNITY POLICING
Program Name: Community Policing
Contact Person: Chief Thomas E. Ribel
466-8966 PH -- 466-8990 FX
Program Dates: 10/01/99 -- 09/30/00
Target Population: City Residents
Proposed Activities Planned Measures Monitoring Plan
4.B.05 To conduct 32 crime 1 Community Policing Officer to Program Plan and Activity
prevention education sessions hold 12 community training Schedule.
with schools or community segments;
groups. Meeting announcements,
Civilian Police Academy attendance records, etc.
to hold 2- 10 week sessions;
Participant list and meeting
Mc Gruff`Presentations attendance records
2 PSA's to hold 24 presentations.
Copies of invoices for materials
>urchased.
Copies of Payroll records
Chief Thomas E. Ribel, APD ~ichard W. Harris, Jr DHS
PROGRAM BUDGET
Jurisdiction Name: AVENTURA
Program Area: COMMUNrYY POLICING
Program Name: COMMUNITY POLICING
Contact Person: Chief Thomas E. Ribel
466-8966 PH - 466-8990 FX
Program Dates: 10/01/99-09/30/00
Target Population: City Residents
Salaries and Benefits, Total
1 Community PoIicing Officer X 36 hours
2 training segments X 6'classes X 3 hours per class
36 hours X $25.64 par hour (Overtime)
Civilian Police Academy
2 X 10 weekly sessions X 3 hours
60 hours X $25.64 per hour (Overtime)
Mc Gruff Presentations
2 PSA's X 12 presentations X 3 hours each
72 hours X $14.40 (Overtime)
Contractual Services, Total
$923
$l,538
$l,037
$3,498
$0
Expenses, Total
Training for 1 Community Policing Officer
Printing, binding, flyers, & postage
National Night Out
Red Ribbon Week
Miscellaneous Program Supplies
$2,991.11
$1,655
$500
$300
$1,000
$6,446
Total Budget
Dade County will reimburse an amount not to exceed:
The 25% CASH MATCH for this grant is:
The source of the CASH MATCH is:
General Fund, City of Aventura
$7,458
$2,486
$9,944
08/26/99, AV$00.WK4
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission __~,~
Eric M. Soroka, City ge
September 30, 1999 k,.J
Traffic Control Jurisdiction Agreement - Point East Condominium
October 5, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with Point East Condominium to provide traffic
control jurisdiction by our Police Department over the private roads within the
condominium. The Agreement will increase the visibility of the police force and
enhance traffic enforcement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
initiated a program that allows a condominium or homeowners associations to enter into
an Agreement with the City to provide traffic control jurisdiction over a private roadway
within the development. This permits the Police Department to conduct traffic
enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Commission
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0805-99
RESOLUTION NO. 99-.._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
POINT EAST CONDOMINIUM ASSOCIATIONS 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
Traffic Control Jurisdiction Agreement between Point East Condominium Associations
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.
Section 3. This Resolution shall become effective
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
immediately upon its
Resolution No. 99-__
Page 2
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of October, 1999.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
Eric M. Soroka, City Manager
Th~f Police
September 8, 1999
Traffic Control Jurisdiction Agreement
I have enclosed five original sets of a Traffic Control Jurisdiction Agreement signed by
representatives of Point East Condo One, Two, Three, Four.
I would ask that this be placed on the Agenda for the next scheduled Commission
Meeting for approval.
Thank you.
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of ~g-,D 7~ .199_~,
by and between ~/~JF ~::;~--~7~ ~_~xU~ (:~//~ ~"~30. ~"/~/'~- ,/~/~
/ /
(the "Owner") and the City of Aventura, Flodda, a Flodda municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
of Dade County, Florida, and commonly known as ~ / ~U F ~-~-~/~ T~
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Flodda
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
condition~.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit '%", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionan/additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liability Not Increased. Neither the existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Agreement. This Agreement constitutes the entire understanding
and agreement of the parties with respect to the subject matter hereof and may not be
changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for' any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial Circuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In the presence of:
OWNER:
By
ATTEST:
Teresa M. Soroka, CMC/AAE
City Clerk
Approved as to Legal Sufficiency:
City Attorney
CITY OF AVENTURA, a Florida
Municipal corporation
By.
Eric M. Soroka
City Manager
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the -'~o t~ -r' ~;~ T ~_o ,) ~o f~/J ~t~/r/,s' on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
6
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
7
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
September 1, 1'999
Ordinance Authorizing User Fees to be Established by
City Administration
Ist Reading September 7, 1999 City Commission Meeting Agenda Item ~_
2nd Reading October 5, 1999 City Commission Meeting Agenda Item /~,~'-~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance authorizing
user fees for Parks and Recreation to be established by the City Administration.
BACKGROUND
The City Charter allows the City Commission to establish user fees for services by
Ordinance or grant administrative authority to set such changes. In the case of user
fees for cultural activities, recreation programs and athletic activities, it would be difficult
and time consuming to adopt such fees by Ordinance.
Many times, opportunities arise on a short notice, which allow the City's Community
Services Department to provide a new recreation program or cultural event to address
the needs of the residents. For many of these programs, the costs are offset by fees
charged to the user rather than the whole community subsidizing such programs from
general fund sources.
A copy of the proposed fee schedule for general programs is attached. The Ordinance
provides that the City Commission be provided a copy of the schedule on an annual
basis.
In addition, the institution of new fees for major recreational programming events are
reviewed with the Cultural Arts Recreation Advisory Board.
Memo to City Commission
Page 2
In summan/, the Ordinance will allow the needed flexibility to provide recreational
programming to our residents.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0796-99
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY
AMENDING CHAPTER 33 "PARKS AND
RECREATION" BY CREATING SECTION 33-2 "PARKS
AND RECREATION USER FEES"; AUTHORIZING
USER FEES TO BE PROVIDED FOR PARKS AND
RECREATION FACILITIES, LEAGUES, ACTIVITIES
AND PROGRAMS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the City Code is hereby amended by amending Chapter 33
"Parks and Recreation" by creating Section 33-2 "User Fees for Parks and Recreation"
to read as follows:
Section 33-2. User Fees for Parks and Recreation.
(a)
Unless otherwise specified by this Chapter or provided for by the annual
City budget, user fees for City parks and recreation facilities, leagues,
activities and programs shall be provided by the City Manager by
administrative directive.
(b)
A schedule of all applicable user fees for the City parks and recreation
facilities, activities and programs shall be maintained on file in the office of
the City Clerk. The City Manager shall provide a copy of the proposed
fees to the City Commission on an annual basis.
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.
Resolution No. 99-.__
Page 2
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.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its
adoption on first reading. The motion was seconded by Commissioner Holzberg, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner
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
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Mayor Arthur I. Snyder
2
Resolution No. 99-__
Page 3
PASSED AND ADOPTED on first reading this 7th day of September, 1999.
PASSED AND ADOPTED on second reading this 5th day of October, 1999.
A'I-I'EST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-FORNEY
CHAPTER: PARKS AND RECREATION APPROVED:
City Manaqer
SUBJECT: FEES AND CHARGES POLICIES FOR CULTURAL, RECREATION, AND ATHLETIC
PROGRAMS, LEAGUES, AND ACTIVITIES.
PURPOSE
To provide procedures for establishing user fees and charges for cultural, recreation, and
athletic programs, leagues, and activities for residents and non-residents.
POLICY & PROCEDURES
A. Recreation and Cultural Programming: Actual cost of entertainment for
residents. Non-residents pay for all program costs.
Athletics:
1. Adult Softball: Team registration: $450 for teams with 100% residents.
$500 all others.
2. Adult Softball Individual registration: $60 for residents; $70 all others.
3. Youth Sports: Individual registration only: $75 residents, $85 for all others
on a space available basis only.
Tennis: Resident Fees.
1. Private Lessons: $40 per hour.
2. Semi-Private Lessons: $25 per hour per person, maximum of two people.
3. Clinics: $15 per hour per person.
4. All tennis fees carry a surcharge of 15% for non-residents.
Resident Priority:
1. There will be a resident registration period first for all programs before
non-residents may register on a space available basis.
2. No Aventura resident will be denied entry in to any recreational program
because of financial reasons.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE: August 16, 1999
SUBJECT: Amendment to land Development Regulations (Section 1205.5)
1st Reading September 7,1999 City Commission Meeting Agenda Item ?)
2nd Reading October 5,1999 City Commission Meeting Agenda Item 10 (:3
In accordance with the Commission's direction at the August Commission Meeting,
attached hereto is an Ordinance amending Section 1205.5 of the City's land
Development Regulations. This section relates to the nonconforming use provisions
applicability to commercial properties in the redevelopment areas.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0792-99
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICEOFTHEClTYCOMMISSlON
MEMORANDUM
Eric M. Soroka, City Manager
Harry Holzberg, Commissioner
July 29, 1999
Amendment to Land Development Regulations
City Commission Meeting August 3, 1999
A,qenda Item 11
Please place on the Agenda the following item:
Discussion and possible motion to direct the City Manager to prepare an
amendment to Land Development Regulations Section 1205.4.2 regarding
nonconforming use provisions applicable to commercial properties in the
redevelopment areas.
I am requesting the City Commission's consideration of the attached amendment to the
Land Development Regulations which reflects the "compromise position" on this matter
from the July Commission meeting.
HH/tms
REVISION TO LAND DEVELOPMENT CODE
Create Section 1205.4.2 to read as fbllows:
Section 1205.4.2.
The restriction upon restoration and rebuilding which is provided by
Section 1205.3 above, shall not apply to damages or destruction to any
property within a Community Facility zoning district or commercially
developed property which damage or destruction is caused by a hurricane
or other natural disaster affecting a substantial portion of the community
and not primarily affecting an isolated property or development . This
provision shall not be applicable to The City's redevelopment area
described on Exhibit "1" attached hereto and incorporated herein. This
provision is intended to avoid disruption of economic resources and
employment centers within the City so as to assure continued economic
growth and development.
ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE NO. 99-09,
BY AMENDING SECTION 1205 ENTITLED "REPAIR OR
RECONSTRUCTION OF NONCONFORMING
STRUCTURE", AMENDING PARAGRAPH 1205.4.2
CONCERNING COMMERCIALLY DEVELOPED
PROPERTIES, PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City of Aventura deems it necessary to amend the City's Land
Development Regulations to enable the restoration of certain non-conforming structures
on commercial property and to differentiate between the requirements for
nonconforming structures in areas identified for redevelopment as compared to other
commercially developed properties; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That paragraph 1205.4.2 of Section 1205.5 of the City's Land
Development regulations, is hereby amended to read as follows:~
Section 1205.4.2
The restriction upon restoration and rebuilding which
is provided by Section 1205.3 above, shall not apply
to damages or destruction to any property within a
Community Facility zoning district or commercially
developed property which damage or destruction is
caused by a hurricane or other natural disaster
affecting a substantial portion of the community and
~ Underlined provisions constitute proposed additions to existing text; g~cken ~.~c::g~ provisions indicate
proposed deletions from existing text.
Ordinance No. 99-__
Page 2
not primarily affecting an isolated property or
development This provision concernin,q
commercially developed property shall not be
applicable to the City's redevelopment area described
on Exhibit "1" attached hereto and incorporated
herein. This provision concernin,q commercially
developed property is intended to avoid disruption of
economic resources and employment centers within
the City so as to assure continued economic growth
and development.
Section 2. Severabilit¥. 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 $. Inclusion in the (;ode. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered
or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. The motion was seconded by Commissioner Perlow, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Ordinance No. 99-
Page 3
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
no
yes
yes
yes
no
yes
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
th
PASSED AND ADOPTED on first reading this 7 day of September, 1999.
PASSED AND ADOPTED on second reading this 5th day of October, 1999.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
REDEVELOPMEN~' AREAS
/
/ct
/
?
/
RESIDENTIAL SINGLE FAMILY BISTRICT
R£$I~ENTIAL SINGLE FAMILY DISTRICT
NULTI-FAMILY MEDIUN DENSITY RESIDENTIAL
MULTI-FAMILY HIGH DENSITY R£SIDENTIAL
CNS
EXHIBIT #1
CITY OF AVENTURA
COMMUNITY DEVELOPMENT ISSUE
RE: Appeal of administrative approval/Imperial Club development (02-APP-99)
October 5, 1999
APPLICANT: Dr. Marie A. DiCowden
The Biscayne Institutes of Health & Living, Inc.
I have been a resident, business and property owner in Aventura since 1987--before
Aventura became Aventura. As a professor at the University of Miami School of
Medicine, and as a private rehabilitation specialist, I have been providing healthcare in
the Miami community for almost 20 years. I have a vested interest in seeing Aventura
grow and truly become a City of Excellence.
I have been speaking with Mr. Soroka, our City Manager, and Brenda Kelley since March
23rd on the issue of the proposed parking garage. (Attachment 1) I have also had face-
to-face meetings with them on April 2, 1999, and, subsequently, with Mr. Stanley Pryce,
attorney for the Tessler family, who proposes to build this garage. I also met with
Mordechal Tessler, a representative of the Tessler family, directly. In fact, Mr. Pryce
encouraged Mr. Tessler to make a trip from Chicago to view the problems at the site. I
have requested on numerous occasions that representatives from the City come to the site
to better understand the ADA violations involved. However, no one from the city has
ever visited. Neither has the city directed me to the ADA representative, Mr. Harry
Kilgore, to discuss my concerns. In fact, it was not until I was informed by the Florida
State ADA Executive Director in Tallahassee, Julie Shaw, approximately two weeks ago,
that I learned that the City was required to have such a representative and that the City
was also required to make this fact known to me. Subsequently, I have filed a formal
complaint with Mr. Kilgore and asked him to review the proposed garage plans and
respond to me in writing as required by both City procedure and ADA federal
regulations. (Attachment 2)
The City contends the issues on which I am appealing today involve private matters
between two parties and are not zoning matters. However, before even private matters
between the two parties are considered, approval of this proposal by the City would
grievously violate numerous federal ADA regulations and local building ordinances
based on these federal laws.
1. The City is required to enforce all regulations required by the ADA. Their claim
that they have no jurisdiction over a plan previously approved by Dade County in 1990,
four years prior to the ADA, but 9 years prior to actual building of the structure, is highly
questionable. The current Florida Accessibility Code for Building Construction clearly
states that disabled parking places must be provided and an accessible route shall
connect accessible buildings, accessible facilities, accessible elements and accessible
spaces that are on the same site. (Attachment 3) Refusal by the City to enforce the
current code that exists as a result of federal law is like the City refusing to enforce non-
discrimination in a private business or dwelling because the business or dwelling was
permitted before 1964.
2. The City claims that only 5 disabled spaces are required for the 156 spaces
allotted. Please note that section 5(a) of the Florida Accessibility Code for Building
Construction requires 6 disabled spaces. While the proposed number of disabled
spaces is only 1 more (rather than 2 more asserted by the City) than are required, the City
has completely disregarded the fact that these spaces are required to be accessible by
the shortest safely accessible route of travel. The proposed plan calls for destroying
the two currently existing accessible spaces that service the Institutes. Further, it does
not provide an accessible route to the Institutes and it violates the Florida ADA
regulations by considerably increasing the distance by which disabled persons must
travel to reach the building being served.
(Section 4.3.2; 4.6.2) (Attachment 3)
3. The proposed garage is in direct violation of section 4.6.5 of the Florida
Accessibility Code for Building Construction which requires for every nonresidential
structure built on or after January 1, 1991, which is designated to use covered or
underground parking (Attachment 3) must maintain minimum height requirements
and signage for handicap van accessible space as well as disabled spaces clearly marked
within the structure. The City has clearly stated that the number of the spaces was
increased on February 12, 1999 and that additional modifications to the structure were
made June 30, 1999. Further, the City's claim that no disabled parking spaces are
required in the structure because it is serviced by valet is a contradiction of the
City's own admission that "City staff required that access to the second level be
limitedto valetstaffi" Self parking remains on the first level. Additionally, the City
is only addressing the valet needs for 2 of the 3 structures that the parking must
service. There is no provision for drop off or pick up of disabled passengers for
Biscayne Institutes. (FILM AVAILABLE FOR VIEWING)
4. The private parking agreement between the Biscayne Joint Venture (licensee) which
owns the Biscayne building and the Royal Imperial Group (licensor) requires a specific
area noted in yellow marker provide 40 spaces, 2 of which MUST be disabled
parking in this area. It further requires that licensor "access and utilizationwill not
interfere with the parking facilities employed by Licensee upon the Property."
(Attachment 4) The modifications of February 12 and June 30, 1999, which the City is
recommending be approved, violate not only the ADA requirements but also permit a
knowing violation of a private agreement and encourages litigation among private
citizens in Aventura.
5. I believe that the City of Aventura has a responsibility to enforce the regulations of the
federal Americans With Disabilities Act as well as not to encourage litigious situations
among private citizens of the City based on such violations. I have filed a formal
grievance with Mr. Harry Kilgore, ADA representative for the City of Aventura.
I respectfully request that:
a. the permit for the proposed garage not be granted at this time;
b. that City officials actually visit the proposed site as requested over
the last 6 months;
c. that the ADA representative for the City of Aventura investigate the
plans and provide a written response regarding the compliance of
the proposed garage with ADA regulations.
Only by making Aventura beautiful and accessible for all citizens will we ever truly
become a City of Excellence.
LIST OF CONTACTS RE. PROPOSED GARAGE
3/23/99
4/2/99
4/5/99
6~2~9
6~3~9
6~4~9
6~0~9
7~9
8/99
8/18/99
8/30/99
9/2/99
9~9
9/9/99
10/1/99
Spoke w/City Manager at breaJcfast meeting. F/up letter.
Met w/City Manager, Erik Soroka & Brenda Kelley re
ADA concerns. Showed video film and requested site visit.
F/up letter to City Manager and Brenda Kelley thanking them for
time and asking for site visit.
No response from City to date. Letter from attorney to City on behalf
of Biscayne's concerns.
Phone call to Dr. DiCowden from Bruce Epperson re concerns
Letter to Brenda Kelley from Dr. DiCowden as f/up to conversation
with Bruce Epperson
Letter from Bruce Epperson to attorney re Biscayne's concerns
Letter from Dr. DiCowden to Bruce Epperson requesting review of City's
6/30/99 decision
Various telephone conversations with Stanley Pryce and meeting b/twn
Dr. DiCowden and Mr. Pryce at Biscayne Institutes.
Letter to Brenda Kelley from Dr. DiCowden requesting postponement of
hearing until parties involved could meet.
Meeting at Biscayne with Mr. Pryce and Mordechai Tessler
Dr. DiCowden spoke with Brenda Kelley requesting postponement of
hearing until November to give more time to address issues
Letter from Brenda Kelley stating November hearing was "unreasonable
delay"
Letter to Brenda Kelley requesting appeal be heard when issue scheduled
Formal grievance filed with City of Aventura ADA coordinator,
Harry Kilgore
October 1, 1999
Mr. Harry Kilgore
ADA Coordinator
City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, FL 33180
Dear Mr. Kilgore:
I am writing to file a formal grievance with the City of Aventura regarding plans for a
two-story garage to be consm~cted in front of 2785 N.E. 183rd Street. While these plans
reflect the Federal r~gulations of the Americans With Disabilities Act passed in 1994.
It is my understanding that the City of Aventura is planning to recommend permitting for
construction of this garage in spite of the ADA violations. I have had numerous
correspondence and conversations with the City. involving my concerns about these
violations. It was not until last week that I learned that the Citywas required to establish
an ADA Coordinator and that you hold that position.
I kindly request your attention to this matter and formally request in filing this grievance
that you review the plans for this garage. Current plans do not provide for disabled
parking within the garage structure. Further, these plans destroy two currently existing
disabled parking spaces at this site. The current plans also do not require adequate space
to accommodate a hightop handicap van. Construction plans also violate the required
amount of space for turnaround for handicap vehicles to discharge patients at the front of
the rehabilitation center that exists and which this garage must serve.
It is my understanding that a civic municipality, is required to enforce the currently
existing codes and Federal ADA laws. I trust that my City will not renege on this
responsibility. I am requesting a written response to this formal grievance as required by
City procedures and Federal regulations relating to the ADA.
THE
BISCAYNE
INSTITUTES
OF HEAETH AND LIVING
THE BISCAYNE
REHABILITATION
INSTITUTE
THE O~SCAYNE
HOLISTIC HEALTH
INSTITUTE
Sincerely,
Marie A. DiCowden, Ph.D.
HealthCare Psychology and T: 305/952 8994
Behavioral Medicine ~: 905 / 992 9392
Executive Director [ntemet: brl @ gate net
provided, and public streets or sidewalks,
to an accessible building entrance.
(2) At least one accessible route
complying with 4.3 shall connect
accessible buildings, accessible facilities,
accessible elements, and accessible spaces
that are on the same site.
(3) Al1 objects that protrude 15om surfaces
. ~or posts into circulation paths shall
· comely with 4.4.
(4) Ground surfaces along accessible
routes and in accessible spaces shall
comply with 4.5.
(5) Parking Spaces
16
FLORIDA fi. CCE$$IBIIIIT CODE FOR BUILDING CONSTRUCTION OCTOBER 1997 ED~ON
(ii) Units and facilities that specialize in
treatment or services-for persons with
mobility impairments; 20 percent of the
total number of parking spaces provided
serving each such unit or facility.
(e) Valet parking: valet parking facilities
shall provide a passenger loading zone
complying with 4.6.6 located on an
accessible mute to the entrance of the
facility. Paragraphs 5(a) 5Co),:and 5~d) of
this s~on d~ not apply"to valet ~arking
facilities.
(e) If passenger loading zones are
provided, then at least one passenger
loading zone shall comply with 4.6.6.
(d) At facilities providing medical care
and other services for persons with
mobility impairments, parking spaces
complying with 4.6 shall be provided in
accordance with 4.1.2(5)(a) except as
follows:
(i) Outpatient units and facilities: 10
percent of the total number of parking
spaces provided serving each such
outpatient unit or facility;
(6) If toilet facilities are provided on a
site, then each such public or common use
toilet facility shall comply with 4.22: If
bathing facilities are provided on a site,
then each such public or common use
bathing facility shall comply with 4.23.
For single user portable toilet or bathing
units clustered at a single location, at least
5% but no less than one toilet un/t or
bathing unit complying with 4.22 or 4.23
shall be installed at each cluster whenever
typical inaccessible units are provided.
Accessible units shall be identified by the
International Symbol of Accessibility.
FLORIDAACCE$$1B1LITYCODEFORBUILDINGCONSTRUCTION OCTOBER1997ED1TiON 17
4.2.4.3 Surfaces for Wheelchair Spaces.
Clear floor or ground spaces for
wheelchairs shall comply with 4.5.
4.2.5 Forward Reach. If the clear floor
space only allows forward approach to an
object, the maximum high forward reach
allowed shall be 48 in (1220 mm). The
minimum low forward reach is 15 in (380
mm) (see Fig. 5(a)). Ifthe highforward
(2) At least one accessible route shall
connect accessible buildings, facilities,
elements, and spaces that are on the same
site.
(3) At least one accessible route shall
connect accessible building or facility
entrances with all accessible spaces and
elements and with all accessible dwelling
urdts within the building or facility.
reach is ever m obstruction, reach and
clearances shall be as shown in Fig. 5Co).
4.2.6 Side Reach. If the clear floor space
allows parallel approach by a person in a
wheelchair, the maximum high side reach
allowed.shall be 54 in (1370 mm) and the
low side reach shall be no less than 9 in
(230 mm) above the floor (Fig. 6(a) and
(b)). If the side reach is over an
obstruction, the reach and clearances shall
be as shown in Fig. 6(c).
4.3 ACCESSIBLE ROUTE
4.3.1 General. All walks, hails,
corridors, aisles, skywalks, tunnels, and
other spaces that are part of an accessible
route shall comply with 4.3.
4.3.2 Location.
(1) At least one accessible route within
the boundary of the site shall be provided
from public transportation stops,
accessible parking, and accessible
passenger loading zones, and public
streets or sidewalks to the accessible
building entrance they serve. The
accessible route shall, to the maximum
extent feasible, coincide with the route for
the general public.
(4) An accessible mu~i~aii-eonnecr at
least one accessible entrance of each
accessible dwelling unit with those
exterior and interior spaces and t~acilities
that serve the accessible dwelling unit.
4.3.3 Width. The rain/mum clear width
of an accessible route shall be 36 in (915
mm) except at doors (see 4.13.5 and
4.13.6). If a person in a wheelchair must
make a turn around an obstruction, the
rain/mum clear width of the accessible
route shall be as shown in Fig. 7(a) and
Co).
4.3.4 Passing Space. If an accessible
route has less than 60 in (1525 mm) clear
width, then passing spaces at least 60 in
by 60 in (1525 mm by 1525 mm) shall be
located at reasonable intervals not to
exceed 200 ft (61 m). A T-intersection of
two corridors or walks is an acceptable
passing place.
34 FLORID,~.,ICCESSIBILITYCODEFORBUILD1NGCONSTRUCTION OCTOBERI997EDITION
4.3.5 Head Room. Accessible routes
shall comply with 4.4.2.
4.3.6 Surface Textures. The surface of
an accessible route shall comply with 4.5.
4.3.7 Slope. An accessible route with a
running slope greater than 1:20 is a ramp
and shall comply with 4.8. Nowhere shall
the cross slope of an accessible route
exceed 1:50.
4.3.8 Changes in Level. Changes in
levels along an accessible route shall
comply with 4.5.2. If an accessible route
has changes in level greater than ½ in (13
mm), then a curb ramp, ramp, elevator, or
platform lift (as permitted in 4.1.3 and
4.1.6) shall be provided that complies
with 4.7, 4.8, 4.10, or 4.11, respectively.
An accessible route does not include
stairs, steps, or escalators. Se6 definition
of"egress, means of' in 3.5 (see Fig. 7(c)
and (d)).
4.3.9 Doors. Doors along an accessible
route shall comply with 4.13.
4.3.10 Egress. Accessible routes serving
any accessible space or element shall also
serve as a means of egress for
emergencies or connect to an accessible
area of rescue assistance.
4.3.11 Areas of Rescue Assistance.
4.3.11.1 Location and Construction. An
area of rescue assistance shall be one of
the following:
(1) A portion of a stairway landing within
a smoke proof enclosure (complying with
local requirements).
(2) A portion of an exterior exit balcony
located immediately adjacent to an exit
stairway when the balcony complies with
local requirements for exterior exit
balconies. Openings to the interior of the
building located within 20 feet (6 m) of
the area of rescue assistance shall be
protected with fire assemblies having a
three-fourths hour fire pm~ctlon rating.
(3) A portion of a one-hour fire-resistive
corridor (comp154ng with local
requirements for fire-resistive
construction and for openings) located
immediately adjacent to an exit enclosure.
(4) A vestibule located immediately
adjacent to an exit enclosure and
constructed to the same fire-resistive
standards as required for corridors and
openings.
(5) A portion of a stairway landing within
an exit enclosure which is vented to the
exterior and is separated from the interior
of the building with not less than one-
hour fire-resistive doors.
(6) When approved by the appropriate
local authority, an area or a room which is
separated from other portions of the
building by a smoke barrier. Smoke
barriers shall have a fire-resistive rating of
not less than one hour and shall
completely enclose the area or room.
FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION OCTOBER 1997 EDITION 3 5
(685 mm and 2030 mm) above the
finished floor shall protrude no more than
4 in (100 mm) into walks, hails, corridors,
passageways, or aisles (see Fig~ 8(a)).
Objects mounted with their leading edges
at or below 27 in (685 mm) above the
fin/shed floor may protrude any amount
(see Fig. 8(a) and Co)). Free-standing
objects mounted on posts or pylons may
overhang 12 in (305 mm) maximum from
27 in to 80 in (685 mm to 2030 mm) ,
above the ground or finished floor (see
Idg. 8(c) and (d)). Protruding objects
shall not reduce the clear width of an
accessible route or maneuvering space
(see Fig. 8(e)).
4.4.2 Head Room. Walks, hails,
corridors, passageways, aisles, or other
circulation spaces shall have 80 in (2030
mm) minimum clear head room (see Fig.
8(a)). If vertical clearance of an area
adjoining an accessible route is reduced to
less than 80 in (nominal dimension), a
barrier to warn blind or visually-impaired
persons shall be provided (see Fig. 8 (c-
1)).
4.5 GROUND AND FLOOR
SURFACES
4.5.1 General. Ground and floor
surfaces along accessible routes and in
accessible rooms and spaces including
floors, walks, ramps, stairs, and curb
ramps, shall be stable, fn'm, slip-resistant,
and shall comply with 4.5.
4.5.2 Changes in Level. Changes in
level up to 1/4 in (6 mm) may be verticai
and without edge treatment (see Fig.
7(c)). Changes in level between 1/4 in
and ~ in (6 mm and 13 mm) shall be
beveled with a slope no greater than 1:2
(see Fig. 7(d)). Changes in level greater
than ½ in.(13 mm) shall be accomplished
by means of a ramp that complies with
4.7 or 4.8.
4.5.3 Carpet. If carpet or carpet tile is
used on a ground or floor surface, then k
shall be securely attached; have a firm
cushion, pad, or backing, or no cushion or
pad; and have a level loop, textured loop,
level cut pile, or level cu~Juncut pile
texture. The maximum pile thickness
shall be ½ in (13 mm) (see Fig. g(f)).
Exposed edges of carpet shall be fastened
to floor surfaces and have trim along the
entire length of the exposed edge. Carpet
edge trim shall comply with 4.5.2.
4.5.4 Gratings. If gratings are located in
walking 'surfaces, then they shall have
spaces no greater than ½ in (13 mm) wide
in one direction (see Fig. 8(g)). If
gratings have elongated openings, then
they shall be placed so that the long
dimension is perpendicular to the
dominant direction of travel (see Fig.
8(h)).
4.6 PARKING AND PASSENGER
LOADING ZONES
4.6.1 Minimum Number. Parking
spaces required to be accessible by 4.1
shall comply with 4.6.2 through 4.6.5.
Passenger loading zones required to be
accessible by 4.1 shall comply with 4.6.5
and 4.6.6.
4.6.2 Location. Accessible parking
spaces serving a particular building shall
FLORID~I~tCCES$1BI1JTYCODEFORBUILDINGCONSTRUCTION OCTOBER1997EDITION 37
be located on the shortest Safely '
accessible mute of travel from adjacent
parking to an accessible entrance.' In
parking facilities that do not serve a
particular building, accessible parking
shall be located on the shortest accessible
mute of travel to an accessible pedestrian
entrance oftheparking facility. In
buildings with multiple accessible
entrances with adjacent parking,
accessible parking spaces shall be
<dispe~sed and located closest to the
accessible entrances.
4.63 Parldng Spaces.
Parked vehicle overhangs shall not reduce
the clear width of an accessible route.
Parking spaces and access aisles shall be
level with surface slopes not exceeding
1:50 (2%) in all directions.
3~ FLORID/..'ICCESSIBILITYCOD£FORBUiLDiNGCONSTRUCTiON OCTOBER1997EDITION
4.6.4 Signage.
4;6.5 Vertical Clearance.
Provide minimum vertical clearance of
114 inches (2895 mm) ar accessible
passenger loading zones and along at least
one vehicle access route to such areas
from site entrance(s) and exit(s). At
parking spaces complying with
4.1.2(5)Co), provide minimum vertical
clearance of 98 inches (2490 mm) at the
parking space and along at least one
vehicle access route to such spaces from
site entrance(s) and exit(s)o
£LORIDA~ICCESS1B1LiTYCODEFORBUiLD1NGCONSTRUCTiON OCTOBER1997ED1TION 3~
changes. Maximum slopes of adjoining
gutters, road surface immediately adjacent
to the curb ramp, or accessible route shall
not exceed 1:20.
4.6.6 P~ssenger Loading Zones.
Passenger loading zones shall provide an
access aisle at least 60 inches (1525 mm)
wide and 20 feet (240 in)(6100 mm) long
adjacent and parallel to the vehicle
pull:up space (see Fig. 10)~ If there are
curbs between the access aisle and the
vehicle pull-up space, then a curb ramp
complying with 4.7 shall be provided.
Vehicle standing spaces and access aisles
shall be level with surface slopes not
exceeding 1:50 (2%) in all directions.
4.7 CURB RAMPS.
4.7.1 Location. Curb ramps complying
with 4.7 shall be provided wherever an
accessible route crosses a curb.
4.7.2 Slope. Slopes of curb ramps shall
comply with 4.8.2. The slope shall be
measured as shown in Fig. 11.
Transitions from ramps to walks, gutters,
or streets shall be flush and free of abrupt
4.7.3 Width. The minimum width of a
curb ramp shall be 36 inches (915 mm),
exclusive of flared sides.
4.7.4 Surface. Surfaces of curb ramps
shall comply with 4.5.
4.7.5 Sides of Curb Ramps.
4.7.6 Built-up Curb Ramps. Built-up
curb ramps shall be located so that they
do not project into vehicular traffic lanes
(see Fig. 13).
4.7.7 Detectable Warnings. A curb ramp
shall have a detectable warning
complying with 4.29.2. The detectable
warning shall extend the full width and
depth of the curb ramp.
4.7.8 Obstructions. Curb ramps shall be
located or protected to prevent their
obstruction by parked vehicles.
40 FLORIDAACCESSIBILITYCODEFORBUI£DfNGCONSTRUCTION OCTOBER1997EDITJON
3. L~censor :Ls
oT consc~c~ any road o~
Licensee shall f~rove, ~fmC~fn. fnscall ~nd con~=r~c= such
road or pave~nK upon
Lic~sor"s siC~ developnen= 9lan.
uCil~Cf~ of ch~ su=f~ ~ .sdb-surfaca of, the ~oper:7,
shall .be obli&aced :o cause ali repairs
:o :he i :o be made a~ a result of Licensor ucilizinE
5. If, ac ~y r~, Lic~see defa~cs ~ ~y of ~e
ce~, pro~si~s ~ ~ndi~ions contained ~ c~s A~e~nC
on :he p~ of ~e Licensee :o be kept ~d perfo~d, :hen
~d ~ =~: even: Licensor ~7, a: his elecuion, declare
Licensor ~y have suc~ other remedy as :he !a~- ~nd :his
insr~n: ~y afford. If i: becomes necessa~ for cha
Licensor =o ~s%i%u=e proceedings agains% :he Licensee, ~d
Licensor proc~es a jud~en% i~ said proceedings againsc =he
Licmnsee, =h~ Licensee shall be obliga=ed :o pay Licensor
by Licenso~ ~ successfully ~in=aining said proceedings.
6. ~e License given hereby shall be b~d~g Upon ~d
in~e =o =he benefi: of ~he succ~ssor~ and assize of Licensor
~d Lite. ce, ~d shall, fur=her, in~e ~o the benefi= of
the par~ or par=ies ~o, fr~ c~ :o ~, ~ the
in che ~ichin License and ~he proper~y described in Exhibit
a~ached hereto and ~de apar= hereof..shall at ~i1 ~imes be
o~ad by the sa~ party.
-3-
VIVIAN AND SY REIFF
20191 EAST COUNTRY CLUB DRIVE
APT. 2002
AVENTURA, FLORIDA 33180
· SU'T~: eoo October 1,
1999
VZA FACSIMILE ~RAMBMI'BBZON
Ms. Brenda Kelley
City of Aventura
Community Development Department
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
RECEIVED
OCT 0 1 1999
Re: City National Bank of Florida -
Application for Sign variance
Dear Brenda:
Pursuant to my telephone conversation with you this morning,
I am respectfully requesting that the above-referenced matter be
deferred and rescheduled for the November 2, 1999 agenda.
Should you have any questions, please do not hesitate to
contact this office. Thank you.
Thank you.
Sincerely,
MIC~r~J. SNYDER, ~SQ.
MJS:tlh
20505 East Country Club Drive
Aventura FL 33180
September 29, 1999
RECEIVED
OCT 0 1 ~999
City of Aventura
Community Development Department
2999 NE 191 Street - Suite 500
Aventura, FL 33180
Re: application number 09-VAR-99 (Aventura Land Holding, lnc.-Hamptons South)
Gentlemen:
I am writing as a property owner at the Waterview Condominium, and as a property owner
at the Flamenco Condominium. I also serve on the Board of Directors at Waterview, and
I am the Association Treasurer.
I am opposed to granting the applicant a variance from Section 505.2.1 as requested.
Aventura has with good cause established regulations prohibiting temporary sales offices
and model homes at sites without an approved site plan for the permanent use which it is
intended to serve. We should not grant variances that clearly are against the best interests
o f neighboring property owners and residents.
Thank you for your interest end your consideration.
Sin r?y,
Dr. Hiram Kirson
BOCA DEVELOPERS, INC
October 4, 1999
Dear Commissioner Perlow:
We thank you for the opportunity to come before you to present the plans for our
proposed Sales Centers at The Hamptons and The Peninsula. The enclosed packet is an
introduction to Boca Developers, Inc. and our various developments in the City of Boca
Katon.
Boca Developers, Inc. specializes in the high-end condominium market and our goal is to
build with a firm commitment to excellence and community participation. We believe
real estate will always be a business based on a focused vision, practical expertise and
personal trust. It is our company's mission to dedicate itself to exceeding traditional
performance standards.
We would like to take this opportunity to extend our invitation to come visit us and tour
our various properties in the City of Boca Raton at your convenience.
We look forward to participating with the City of Aventura on these two very exciting
projects v~ th the mutual goal of bringing excellence to this growing community.
President
350 West Camino Gardens Boulevard, Suite #303, Boca Raton, Florida 33432
Tel. (561) 394-4429 Fax. (561) 368-5701
20505 East Country Club Drive
Aventura FL 33180
September 29, 1999
RECENED
OCT 0 1 1999
City of Aventura
Community Development Department
2999 NE 191 Street - Suite 500
Aventura, FL 33180
~3MMLINITY DEVELOPMS~
Re: application number 09-VAR-99 (Aventura Land Holding, Inc.-Hamptons South)
Gentlemen:
I am writing as a property owner at the Waterview Condominium, and as a property owner
at the Flamenco Condominium. I also serve on the Board of Directors at Waterview, and
I am the Association Treasurer.
I am opposed to granting the applicant a variance from Section 505.2.1 as requested.
Aventura has with good cause established regulations prohibiting temporary sales offices
and model homes at sites without an approved site plan for the permanent use which it is
intended to serve. We should not grant variances that clearly are against the best interests
o f neighboring property owners and residents.
Thank you for your interest and your consideration.
Sincerely,
Dr. Hiram Kirson
VIVIAN AND SY REIFF
20191 EAST COUNTRY CLUB DRIVE
APT. 2002
AVENTURA, FLORIDA 33180 _
DISCLOSURE OF VERBAL CONTACT
Ordinance 96-09
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City of Aventura City Commission Meeting Date /o/D.s-lI7
Agenda Item No. 3<.- b
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Respectfully,
Commissioner or Board Member
receiving communication:
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Filed this OJ day of ,'XI, kl , 19b !
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DISCLOSURE OF SITE VISIT
INVESTIGATION AND EXPERT OPINION
Ordinance 96-09
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City of Aventura City Commission Meeting Date 10 10') 1'1'1
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Substance of Contact:
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Identity of Person Participating in Contact: jJ (4
Respectfully,
Commissioner or Board Member:
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Filed this D r day of c)c2.J L.r 19n'
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DISCLOSURE OF VERBAL CONTACT
Ordinance 96-09
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City of Aventura City Commission Meeting Date lojY/P9
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Respectfully,
Commissioner or Board Member
receiving communication:
Filed this 5",1t day of
,1999. !'
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T resa M. SQroka,' CMC, City Clerk
DISCLOSURE OF VERBAL CONTACT
Ordinance 96-09
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Filed this 1 day of (
Commissioner or Board Member
receiving communication:
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,1999, ('
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DISCLOSURE OF VERBAL CONTACT
Ordinance 96-09
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City of Aventura City Commission Meeting Date
Agenda Item No. ( - ).--
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Respectfully,
Commissioner or Board Member
receiving communication:
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Filed this )" day of ta
,1999. /
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oka, CMC, City Clerk
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: ')1) Item No. of /o/n9<j
199_ agenda of the Aventura City Commission.
Date of Verbal Communication:
CJ/2.7fq", I Jot'll""
Identity of Person or Entity Making Communication:
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Subject and Substance of Communication:
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Respectfully,
Commission or Board
Receiving Communication:
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Name
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Signature
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Filed this J day of
,19~1
uwt c
CI
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: ') R- Item No. of
199_ agenda of the Aventura City Commission.
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.
Date of Verbal Communication:
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Identity of Person or Entity Making Communication:
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Respectfully,
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Filed this ~ day of
Commission or Board Member
Receiving Communication:
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Name .
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r Signature
~ \ "(~/
'C~~/: ~cr~a~~ ()W;C~-
MIAMI DALLY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookts Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Re¥1ew f/ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - 10/5/99
APPLICATION NO. 10-VAR-99
XXXXX
in the ......................................... Court,
ublls · In s paper In the Issues of
Affiant further says that the said Miami Daily Business
Re~tsw iea newspaper published at Miami in said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dede County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office In Miami in said Dada County, Florida, for a period of
one ye. t preceding the first publication of the attached
)py~ rttsement; and affiant further says that she has
~lt nor promised any person, firm or corporation
ty t, rebate, commission or refund for the purpose
[ s g this dvertlsement for publication in the said
Swl~rn to [and subscribed before me
24 ~ep~emDer
...... day of ........................ , A.D. 19 ......
(S~L) - [ O~ .f</ CHEaYL H MAEMER
I~'~;~ ~ C05453E4 I
[_ OF~~ APR. 12,2000
CITY OF AVENTURA
NOTICE OF- PUBLIC HEARING
Date and Time
of Public Rearing: Tuesday, October 5, 1999
AppifcentName: Finvest Limited Padnership (Atlas
Applicant Request: The applicant is reduseting a -
variance from Sec.~ion 505.2.1 of the
City's Land Development Regula-
tions prohibiting temporary sales
offices eno model homes at sites
without an approved site plan for the
~ermanent use which it s intended
Application Number: 10-VAR-99
Location of Subject Property: The northeast comer of NE 183rd
Legal Description: Tract "C" ol Atlas Terminal
thereof as recorded in Plat Book
147, Page 67, Official records of
Miami-Dada County, Florida
Size of Subject Property: Approximately 13.26 acres
Plans am on file and may ce examined during regular business
be modified..et or before the Public Heating. The application may
change du~i~g the hearing process.
The Public Hearing will be held at Biscayne Medical Arts Building,
comments may be made in person at the hearing or filed in writing
prior to the hearing date. Refer to applican~JprepartY on correspon-
dence and mail same to City of Aventura, Community Development
Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180.
For further inforrn~tion, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, (~05) 466-8901, not later than two bus[-
ness days pdor to such proceedings.
If a person decides to appeal any decision made by the City Corn-
that person will need a record of the proceedings and, for such pur-
pose, may need to ensure that a verbatim record of the proceedings is
the appeal is to be based.
9-21-99 Teresa M. Soroka, CMC/AAE, City Clerk
9/24 99-3-092472M
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
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Dally Business
Review f/Ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - 10/5/99
APPLICATION NO. 09-VAR-99
,n,b. ........... 5¥~ ..................... cou.,
W~pUblls~te in s~n~paper In the issues of
Affiant further says that the said Miami Bally Business
Review is a newspaper published at Miami in said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami th said Dada County, Florida, for a period of
o xt precedthg the first pubgcagon of the attached
ertlsement; and affiant further says that she has
d nor promised any person, firm or corporaUon
unt, rebate, commission or refund for the purpose
ng this dvertlsement for publication in the said
n per.
Sworn to nd $ bscrlbed before me t~
24 September
...... day of ........................ , A.D. 19 ......
......
Sookle Williams
~'~,~ '~ '"';;,~. 12,2000~
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date end Tim
of Public Hearing: Tuesday, October 5, 1999
6:00 p.m,
Applicant Name: Aventura Land Holding, Inc. (Haml>
tons South)
Applicant Request: The applicant is requesting a
variance from Section 505.2.% of the
City's Land Development Regula-
lions prohibiting temporary sales
offices and model hOmeS at sites
without an approved site plan for the
permanent use which It is intended
Application Number: 09-VAR-99
Location of Subject Property: The approximate intersection of East
Country Club Drive and theoretical
extension of NE 203rd Street at
Dumfounding Bay
Legal Description: A portion of the F-3 ~te, being a
portion of Aventura Fifth Addition. as
recorded in Plat Book 116. Page 39.
Official records ot Miarni-Dade
County, Flodda
Size of Subject Property: Approximately 4,386 acres.
Plans are on file eno may be exarnined during regular business
hours in the City of Aventura, Community Development Department,
2999 NE 191 Street, Suite 500;-Aventura. FIodda. 33180. Plans may
be modified at or before t;3e Public Headng. The application may
change during the headr~ process.
The Public Hsadng will be held at Aventura Medical Aris Building,
21110 Biscayne Boulevard. Suite 101. Aventura. Florida. 33180. Your
commenrs may be made in person at the heating or filed in writing
pdor to the headng date. Refer to applicant/properly on cerresDon-
dence and mail same to City of Aventura. Community Development
Department 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180.
For further information, please call (305] 466-8940.
In accordance with the Americans with Disab~litiss Act of 1990. all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 466-8901, not later than two business days
prior to such proceedings.
If a person decides to appeal any decision made by the City Com-
mission with respeo! to any matter considered at a meeting or headng,
that ~erson will ~ a record of the proceedings and. for such pur-
9-21-99 Teresa M. Soroka, CMC/AAE, City Clerk
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF BADE:
Before the undersigned authority personally appeared
Sookie Willtsms, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flk/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dado
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - 10/5/99
APPLICATION NO. 10-SV-99
.. th. ........... ¥~ ..................... cou..
W~pUblls~,e In s ~d~n~t~sl paper In the issues of
Affiant further says that the said Miami Dally Business
Review Is a newegapsr published at Miami In said Dads
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dado County, Flodda,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second claes mall matter at the post
office in Miami In said Dads County, Florida, for a period of
one t preceding the first publication of the attached
:opy rtlsement; and affiant further says that she has
,slt nor promised any person, firm or corporation
ny nt, rebate, commission or refund for the purpose
~~~,f s g this ertlsement for publication in the said
Sworn to nd s becrlbed before me t I
24 September
...... day of ........................ , A.D. 19 ......
...... I A*,r' ~'~- CHERYL H MARMER
I~ ~W ~' CC5453~4 I
I <'0~:~'~0' APR. 12,2000, I
CITY OF AVENTURA
NOTICE OF PUBLIC NEARING
Date and Time
of Public Hearing: Tuesday, October 5, 1999
6:00 p.m.
Applicant Name: City National Bank of Fiedda
Applicant Request: The a~plicant is requesting the following:
A sign variance to permit two wall signs, each 656 square feet in
area on the north and south elevations of the Concord I office building
located at 2875 NE 191 Street. where the applicant is allowed one wall
sign of 160 square feet in area; en0
A sign variance to permit approximately ~alf of the eight.foot height
of each sign be above Ihe roofline of the parapet area of the building,
where City code requires that no mom than 50% of the sign extend
above the rOOflino.
Application Number: 10-SV-99
Location of Subject Propen'y: 2875 Biscayne Boulevard
legal Bascrlptlon: That po{tied of the E~st 1/2 of the
Southwest 1/4 of tho Southeast 1/4
of the No~lhwest 1/4 of Section 3,
Township 52 South. Range 42 East,
Miorni-Dade County, Florida. lying
South Df the NE 192 Street limited-
access right-of-way end less and
except the south 35.00 feet thoreof
for right-of-way purposes.
Size of Subject Properly: 3.69 acres
Plans are on fill end may be examined dudng regular business
hours in the City of Aventura, Community Development Department,
2999 NE 19t Street. Suite 500, Aventur~ Florida. 33180. Plens may
be modified at ,or before the Public Hearing, ~ application may
change during the hearing process.
The Public Hearing will be held at Aventura Medical Arts Building.
21110 Biscayne Baullvar(l. Suite 101. Aventura. Florida 33180. Your
comments may be mede in person at the hoaring or filed in wdting
odor to the hearing date. Refer to appticant/pmberty on correspon.
dence and mail same to City of Aventura. Community Development
Department, 2999 NE 191 Street, Suite 500. Aventura. Florida. 33180.
For further information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990. all
oersons who are disabled end who need special accommodabons to
participate in this proceeding Oeeause of that disability should contact
the Office of the City Cllrk. 466-8901, ~ot later than two business days
prior to such proceedings.
If a person decides Io spbeai any decision made by the City Com-
mission with rescect to any matter considered at a meeting or heedng,
that carson will need a record of the proceedings and. for such our-
pose. may need to ensure that a ved~atim record of the proceedings is
made. which recon:l includes the testimony and evi(Jenca upon which
the appeal is to be based.
9-21-99 Teresa M. Soroka CMC/AAE, City Clerk
9/24 99.3-092474M
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
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review f/Ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - 10/5/99
APPLICATION NO. 09-SV-99
in the... XXXXX . Court,
w~ublls~e~ In s~.V~paper In the issues of
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office in Miami in said Dada County, Florida, for a period ot
one ye preceding the first pobllcatlon of the attached
:opy isement; and affiant further says that she has
~elt nor promised any person, firm or corporation
ny t, rebate, commission or refund for the purpose
~ew~~~'f er.g this ad rtlsement for publication· In the said
S mto rids scribed before met
24 W~ep~e~er
...... day of ........................ , A.D. 19
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Datllmd~lm~_
of Pub#cHeering: Tues~,:O~t~b~r5, 1999~
6:~ p.m.
Ap~lca~ Name: D~ Wate~, ~
A~II~ ~uest: ~ ~i~nt is ~ing the following:
(1) A sig~ va~an~ to ~t ~ e~ng, I~; non~nfo~
~nu~nt ~n for the ~ at WaYlays that is
f~t in ama ~m City ~e allo~ ~nu~ signs to ~ a
~mum of ~ ~uam f~ in ama; ~d
(2) A sign vaHan~ to ~w ~id ~gn to ~ntinue to ~ I~t~ off the
pm~ses of the shopping ~nter at ~e no~he~t ~mer 0f Bi.y-
ne ~leva~ ~d NE ~7 St~t, ~ no ~-pmmises signs am
~1o~ by ~e; and
(3) A sign vaH~ to allow a ~nu~nt sig~ to ~ I~t~
Ciys sign ~e requires a ~n~m s~ of ~0 feet;
A~llcatlon Numar: ~Sv-99
L~at~n ~ S~ject Pm~: ~1 B[~yne Bouleva~
Addition Subdivision, Plat B~k 126,
Page 18, ~icie[ records of Miami-
Da~ ~unty, Florida
Si~ of Subje~ Pm~: Appmxi~tely 10.34 acres
Plans am on file and may be e~min~ during r~ular business
houm in the Ci~ of Aventura, Comm~ity ~velop~nt ~paRment,
~ m~ifi~ at or before the Public ~. The ~pli~tion ~y
change du~ng the hea~ng press.
~e Public Healing will ~ held at Bi~yne M~i~l A~s Bui~ing,
pdor to the healing date. Refer to appli~Fpro~Ky on ~r~n-
den~ ~d ~il same to City of Aven~m, Community ~vetopment
~pa~nt, 2~9 NE 191 ~r~t, Suite ~0, Aventura, F~a,
For fu~her info.at[on, plea~ ~11 (~5) ~89~,
In a~an~ with the ~H~ns ~th Dise~lrties A;t of 19~,
~mons ~o am di~l~ ~ ~o n~ sp~iel ac~mm~ations to
~ffi~pate in this pm~i~ ~use of that disabili~ shoutd ~n~
the ~i~ of the City C!e~, (~5) ~8~1, ~t later th~ ~o bu~-
ne~ ~ prior ~o such p~ed~gs.
If a ~on d~des t0 ~Ne~ ~sion ~de by the City
mi~on ~th m~ to a~ ~er ~n~de~ at a ~eting or heaH~,
that ~n wi~! n~ a ~ of the p~ings and. for such ~r-
~, ~y n~ to ensum that a ve~atim ~ of the p~i~s is
~de, ~ich ~ includ~ the testi~ny ~ e~den~ u~n ~i~
the ap~ is to ~ b~.
~21-99 Tem~ M. Som~. c~/~E, city cie~
~4 ~;3~475M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday end
Legal Holidays
Miami, Dada County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF
PROPOSED ORDINANCE
OCTOBER 5, 1999
· XXXXX Co
m the ................................................................................ urt,
V~ $1~ blighted i~.~i~ ~ewspeper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dada County. Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dada County. Florida, for a period of
one year next preceding the first publication of the attached
copy of .advertisement; and affiant further says that she has
neither paid or promised any p o ' or corporation
any disc , rebate, commi ' r the purpose
of sec ng this advertls on in the said
ne pe
........ day of ............................................................ , A.D. t9 .....
(SEAL)
pers°"[l~,~'J~n~e''r ~'-" OFFICL~ NOT~
Octelma
Ferbeyre
CHERYL H MARM~R
CiTY OF AVENTURA
PUBLIC NOTICE OF
PROPOSED ORDINANCE
NOTIOE IS HEREBY GIVEN thai'an Tuesday, the 5th day of Octo-:
bar, 1999, at a meeting of the City Commission of the City of Aven-
tura, to be held at 6:00 p.m. in the Commission Meeting Room at the
Biscayne Medical Arts Buildieg~ 21110 Biscayne Boulevard, Suite 101,
Aventura, Florida, the City Commission will consider the adoption of
the following Ordinance on second reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 33
'PARKS AND RECREATION" BY CREATING SECTION 33-2
'PARKS AND RECREATION USER FEES'; AUTHORIZING
USER FEES TO BE PROVIDED FOR PARKS AND REC-
REATION FACILITIES, LEAGUES, ACTIVITIES AND PRO-
GRAMS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR iNCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
The proposed Ordinance may be inspected by the public at the Of-
rice of the City Cierk, 2999 N.E. 191st Street, Suite 500, Aventura,
Florida. interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinance. Any person wishing to ~
address the City 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 Disabilibes Act of 1990, all
persons who are disabled and who need special accemrsedations 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 proceedoings.
If a parson decides to appeal any decision made by the City Corn-
mission with respect to any matter considered at a meeting or hearing,
that person will need a record of 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 v, hich
the appeal is to be based.
Dated September % 1999. Teresa M. Soreka, CMC/AAE, City Clerk
9/9 .......... . ,.. .=
:flEiami
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 he/she is
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of.advertisement was published in said
newspaper in the issues of:
September 15, 1999
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the f~rst publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, from or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
My Commission
Expire~ October 17, 2001
CITY
TO LAb
REGULATIONS
The City of Aventura proposes to adopt the
following Ordinance:
AN ORDINANCE OF THE CITY OF
AVEi~iTURA, FLORIDA AMENDING, THE
cITyr's LAND DEVE
REGULATIONS, ENACTED BY
NO. 99-09', BY AMENDING SECTION 1205
ENTITLED "REPAIR OR RECONSTRUCTION
OF NON CONFORMING STRUCTURE",
AMENDING PARAGRAPH 1205.4,2
lNG COMMERCIALLY
PROPERTIES, PROVIDING
IN CODE; PROVIDING FOR
EFFECTIVE DATE.
A Public Hearing for second reading of the
Ordinance will be held on Tuesday, October 5, 1999,
at 6 p.m. at the Biscayne Medical Arts Building,
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.
Florid. ci,Jnterested parties may appear at the Public
Hea nd be heard with respeSt to the proposed
Ordin~e. Any person wishing to address the City
Com~i~.~ior~- omany item at. this~ Public.Hearing is
aske~egister with the City Clerk pribr to that item
bein rd.
In ~cbordance with the Americans with Disabilities
Act of¢.1990 all persons who ar~e disabled and who
need special accommodations.t0 participate in this
proceeding because of that disability should contact
the Offi~ of the. City Clerk, 305-466-8901, no later
than twO. businesS days prior to such proceed rigs
If decides to appeal any decision made
by , Commission with respect to any matter
meeting or hearing, that person will
of the proceedings and, for such
need to ensure thata verbatim record
of gs is made, which record includes
the and evidence upon which the appeal
is
Teresa M. Soroka, CMC/AAE
City Clerk
Dated this ~5th day of September, 1999