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06-06-2000 CC Meeting AgendaCommission Agenda June 6, 2000 MAYOR ARTHUR [ SNYDER COMMISSIONER ARTHUR BERGER COMMISSIONER JAY R. BESrdN COMMISSIONER KEN COHEN COMMISSIONER HARRY HOLZBERG COMMISSIONER JEFFREY M. PERLOW COMMISSIONER PATRICIA ROGERS.LIBERT CITY MANAGER ERIC M. SOROKA CITY CLERK TERESA M. SOROKA, CMC/AAE CITY ATTORNEY WEISS SEROTA HELFMAN PASTORIZA F~ GUEDES City 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 Serota Helfman Pastoriza & Guedes AGENDA June 6. 2DDD- 6 PM (immediately [ollowinD I,.PA heaPinD) Biscayne Medical Aris Building 21110 Biscayn~ Boulevard Suit~ 10 l Aventura, Florida 33180 CALL TO ORDER\ROLL CALL PLEDGE OF ALLEGIANCE ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI4UI)ICIAL 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-examiuafion, 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, GRANTING CONDITIONAL USE APPROVAL TO PERMIT A NON-COMMERCIAL HELISTOP ON THE TOP FLOOR OF THE BLOOMINGDALE'S/BURDINE'S PARKING GARAGE AT THE AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF THE APPROVAL; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR STARBUCKS COFFEE, INC., LOCATED AT 19127 BISCAYNE BOULEVARD, TO PERMIT A SECOND WALL SIGN, SIZE NOT TO EXCEED 16 SQUARE FEET ON THE NORTH ELEVATION, WHERE ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE 4. APPROVAL OF MINUTES: Commission Meeting Special Meeting Commission Workshop May 2, 2000 May 23, 2000 May 23, 2000 AGENDA: Request for Deletions/Emergency Additions SPECIAL PRESENTATIONS: None. ?. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed fi.om the Consent Agenda and considered separately. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING, ENDORSING AND URGING ITS RESIDENTS, BUSINESSES AND COMMUNITY ENTITIES TO INCREASE THEIR KNOWLEDGE AND EDUCATION REGARDING THE SIGNS AND SYMPTOMS OF CARDIAC ARREST AND STROKE, AND URGES THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS WITHIN THE CITY OF AVENTURA IN ORDER TO BE DESIGNATED AS A HEART SAFE COMMUNITY; AND PROVIDING AN EFFECTIVE DATE. (Urges use of Automated External Defibrillators City-wide and designation of Heart Safe Community) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR LANDSCAPE MAINTENANCE THROUGHOUT THE ENTIRE CORRIDOR OF BISCAYNE BOULEVARD WITHIN THE CITY LIMITS BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; REQUIRING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY OF AVENTURA $8,677.32 PER ANNUM FOR MAINTENANCE LANDSCAPE SERVICES TO BE PROVIDED BY 2 Ce THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute Landscape Maintenance Agreement with Florida Department of Transportation for Biscayne Boulevard within the City limits) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 00-05-03-3, NE 34m AVENUE LIGHTING IMPROVEMENTS, TO 1MPERIAL ELECTRIC OF FORT LAUDERDALE AT THE BID PRICE OF $370,971.76. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bid to Imperial Lighting for street lighting improvements on NE 34th Avenue and Yacht Club Way from NE 207t~ Street north and east to Golden Pointe Condominiums) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING GUIDELINES FOR NAMING OF PUBLIC FACILITIES; PROVIDING DEFINITIONS; PROVIDING GUIDELINES FOR ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION FOR THE NAMING OF PUBLIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE. (Provides guidelines for naming of public facilities and accepting monetary donations in consideration for naming public facilities) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-18 WHICH DID ESTABLISH COMPREHENSIVE COMMISSION MEETING AND AGENDA PROCEDURES BY AMENDING SECTION 2 C. "ORDER OF BUSINESS"; AND PROVIDING AN EFFECTIVE DATE. (Amends agenda procedures by providing for Public Comments prior to Other Business) MOTION TO APPROVE CITY MANAGER'S PEFFORMANCE EVALUATION PACKAGE AS OUTLINED IN EXHIBIT "A" 3 10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 00-218-A FOR PROFESSIONAL DESIGN SERVICES FOR BISCAYNE (7) PHASE III AND IV AND PERTAINING PORTION OF FEC LANDSCAPE BUFFER BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A.; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization with 0'Leary Design Associates for landscaping and electrical design work on Biscayne Boulevard from Aventura Boulevard to north of Ives Dairy Road) PUBLIC HEARING: ORDINANCES - FIRST AND ONLY READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5000 ISLAND BOULEVARD FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. (It is anticipated that this item will be deferred) PUBLIC HEARING: ORDINANCES -FIRST READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING CHAPTER 9 "SIGN REGULATIONS;" BY AMENDING SECTION 901.11 "NON-CONFORMING SIGNS;" BY AMENDING SECTION (B) "EXCEPTION TO AMORTIZATION SCHEDULE;" BY AMENDING PARAGRAPH 3 THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF OFFICE BUILDING WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON-CONFORMING OFFICE BUILDING WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. PUBLIC HEARING: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION 4 ¸ii AND NUMBER OF LANES MAP FOR NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 30~I AVENUE BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213 STREET FROM BISCAYNE BOULEVARD TO NE 34'tn AVENUE AS A LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY ADDING SIX (6) NEW POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 11. RESOLUTIONS: 12. 13. 14. 15. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2000/01 TO 2004/05; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. OTHER BUSINESS: None. REPORTS PUBLIC COMMENTS ADJOURNMENT 5 SCHEDULE OF FUTURE MEETINGS/EVENTS: Commission Workshop Commission Meeting *Government Center 2999 NE 1914 Street Suite 500 June 27, 2000 July 11, 2000 **Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101 6 p.m.** This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, aH persons who are disabled and who n~d special accommodations to pariicipute in this m~g because of that disabiliiy should contact thc Office of the City Clerk, 305466~8901, 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 ma~er considered at such meeting or hearing will m~xl a record of the proceedings and, for such purpose, may need to ensure that a verbathn record of the proceedings is made, which r~cord includes the testflnony and evidence upon which the appeal is to be based. A~,,enda i~ms may be viewed at the Office of the City Clerk, City of Avenwra Government Center. 2999 NE 191~ SUeet, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466-8901. one or more members of tl~ City of Avemura Beautification Advisory Board and/or Recreation and Cultural ~ Advisory Board may be in attendance. CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M' S°r°ka' ~t~/'~r~nagir Brenda Kelley, C~mrfla~velopment Dire May 25, 2000 Request of Turnberry Associates, Inc. for Conditional Use approval to permit a non-commercial helistop at the Aventura Mall. (02-CU-99) June 6, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request subject to the conditions outlined herein. THE REQUEST The Applicant, Turnberry Associates, Inc, is requesting Conditional Use approval to permit a non-commercial helistop for private and emergency services use on the top level of the Bloomingdale's parking garage at the Aventura Mall. (See Exhibit #1 for Letter of intent) BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY LEGAL DESCRIPTION SIZE OF PROPERTY Aventura Mall Associates 19501 Biscayne Boulevard Tract "Q", Aventura 6th Addition as recorded in Plat Book 120, page 20 of the Public Records of Dade County Approximately 97.962 acres EXISTING ZONING B2, Community Business District FUTURE LAND USE DESIGNATION Business and Office Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: B2, Community Business District B2, Community Business District B2, Community Business District; TCl, Town Center District; CF, Community Facilities District RMF4, Multi-Family High Density District; B2, Community Business District; ROS, Recreation and Open Space District U, Utilities District Existing Use- Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Aventura Mall Office and retail uses Office and retail uses Turnberry Country Club and associated uses Biscayne Boulevard and the F.E.C. Railroad Future Land Use Designation - According to the 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 Business and Office; Town Center Parks and Recreation; Medium High Density Residential Biscayne Boulevard and the F.E.C. Railroad ROW The Site - The subject site, the Aventura Mall, is located at the northeast corner of Biscayne Boulevard and the William Lehman Causeway. (See Exhibit #2 for Location Map). The Project - The applicants propose to install a helistop on the top level of the Bloomingdale's parking garage at the southeast corner of the Aventura Mall. The Federal Aviation Administration (FAA) defines a helistop as: A minimally developed facility for boarding and discharging passengers or cargo. The heliport--helistop relationship is comparable to a bus terminal--bus stop relationship to the extent of services provided or expected. 2 A landing pad composed of an 18' by 18' asphalt pad raised 8 inches above the existing parking surface will be installed on the top parking deck of the Bloomingdale's garage. Three existing light poles will be removed, red hazard lights will be installed on other light poles and on the west railing and southwest stair tower. (See detailed photo of proposed location attached as Exhibit #3) A wind sock, fire extinguishers and a cabinet to house materials to clean minor oil and fuel spills will also be installed. The helistop will be a limited use facility and no commercial flights will be permitted. Use will be restricted to emergency use and takeoffs and landings authorized in advance by the mall. One other helistop is located within the City at the Turnberry Isle Resort. The nearest commercial heliport is Opa-Locka Airport. The applicants received permission from the Federal Aviation Administration to install the helistop in August 1999. (See Exhibit #4 for FAA letter.) In March 2000, Miami-Dade County Fire Rescue Department informed the applicants that their proposed helistop design would be usable if needed for their operations. (See Exhibit #5 for Miami-Dade Fire Rescue letter) ANALYSIS Citizen Comments - The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - The Applicant is requesting Conditional Use approval to permit a non-commercial helistop for private and emergency services use on the top level of the Bloomingdale's parking garage at the Aventura Mall, The proposed use is permitted as a conditional use in the B2 Community Business District. Criteria According to Subsection 503.3, an application for Conditional Use will be evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan. The use is not inconsistent with the City of Aventura Comprehensive Plan. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. Community Development Department Staff has reviewed the operation of the proposed helistop with officials from the Florida Department of Transportation and Turnberry Associate's aviation staff. Both expressed their belief that the location of the proposed 3 facility was typical for a non-commercial facility in an urbanized area. Rule 14- 60.007(6)(b)3, Florida Administrative Code, requires that a minimum of one approach/departure corridor at an 8:1 slope be provided that is clear of any obstructions. (A schematic diagram of this corridor is provided on Page 5 of 7 of the provided plans.) The location of this primary approach corridor is indicated on Page 3 of 7 of the plan set. The nearest obstructions are the antenna complex atop the Concorde II Building, 2999 NE 191 Street, and the seahorse statute atop the Aventura Mall. Both are located well outside the primary approach corridor. A secondary approach corridor, not required by Florida Administrative Code, is indicated on Page 3 of 7 of the provided plan set. This corridor will become unavailable once construction commences on the Classic Residence by Hyatt at 19901 West Country Club Drive. At the request of City staff, the applicants have agreed to provide fire extinguishing and fuel/oil spill equipment at the helistop normally required by Florida Administrative Code only of commercial heliports. The Federal Aviation Administration has restricted operation of the helistop to Visual Flight Rules (VFR) weather conditions. In addition, the applicants have agreed to prohibit night time operations and will not allow fueling or maintenance activities at the helistop. After review of the applicant's petition, the City of Aventura Police Department offered three comments: 1) The applicants shall provide a ground crew for each landing; 2) No landings shall be permitted from 11:00 PM to 7:00 AM; and 3) The applicants shall obtain appropriate Federal Aviation Administration (FAA) approvals. The need for a ground crew was incorporated into the site plan for the helistop through the installation of a traffic control gate for the top level of the parking garage and the use of removable barriers around the perimeter of the Final Approach and Take-Off (FATO) area. because of these physical improvements, only a single security officer to staff the traffic control swing-gate is required. The restriction of hours has been incorporated into the site-specific conditions for approvals listed below. As explained above, the applicants have already secured required FAA and FDOT approvals, and require only submission of proof of local government approval to conclude this process. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed helistop use is consistent with the immediate neighborhood, a large regional retail mall bounded on the south by a limited access highway. The proposed primary approach and departure corridor closely parallels the route of the William Lehman Causeway, a six-lane limited access highway. The highest levels of noise will occur within the highway right-of-way and in the parking lot of the mall. To reduce the possibility of adverse noise impact, the applicants have agreed to restrict operations at the helistop to the hours of 8:00 AM to dusk weekdays and 10:00 AM to dusk on weekends and holidays. 4 (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. The proposed helistop is expected to have no adverse impact on established level of service standards. Emergency service response time for ambulance service to the Aventura Mall is expected to improve due to the greater accessibility for flight-for-life response to the mall. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Access and egress to the helistop will be provided by the internal circulation system of the malt and the Bloomingdale's parking garage. Some emergency services equipment will not be able to access the helistop because of height limitations in the parking garage, but as indicated in a letter from Miami-Dade Fire Rescue Department (Exhibit #5) this should not create a significant problem. Otherwise, the installation of the helistop is expected to have no effect on traffic congestion on the public streets of the city, (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. Only two undeveloped sites exist in the vicinity of the development. The Classic Residence by Hyatt, located approximately 800 feet to the east of the helistop, has received administrative site plan approval. Should that development proceed to construction, the helistop's secondary (east) approach path shall be deleted. The other undeveloped parcel, the Turnberry M-1 site, immediately north of the Classic Residence, is owned by the applicants. Development of the M-1 parcel may be affected by the proposed helistop. The applicants acknowledge that they must take this into consideration in the their future planning for the M-1 site. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed helistop will generate a noise impact that will be audible from outside the boundary of the applicant's property. However, because of the location of the facility within the mall property and adjacent to a six lane limited access highway it is expected that these impacts will be minimal. The operations plan submitted to FDOT and the FAA proposes to use the highway as the primary approach and departure path. The applicants have agreed to limit the hours of operation and prohibit any type of commercial usage. Staff believes that the potential emergency service benefits of the helistop outweigh the potential noise impacts. 5 CONDITIONS It is recommended that the City Commission approve the request for the Conditional Use subject to the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Aventura Mall Helistop Plan: Location Plan," prepared by Fortin, Levy, Skiles Inc. One page, numbered 1 of 7, dated February 7, 2000. "Aventura Mall Helistop Plan: Aerial View," prepared by Fortin, Levy, Skiies Inc. One page, numbered 2 of 7, dated February 7, 2000. "Aventura Mall Helistop Plan: Site Plan," prepared by Fortin, Levy, Skiles Inc. One page, numbered 3 of 7, dated February 7, 2000. · "Aventura Mall Helistop Plan: TLOF Plan," prepared by Fortin, Levy, Skiles Inc. One page, numbered 4 of 7, dated February 7, 2000. "Aventura Mall Helistop Plan: Isometric View of Helistop Approach Surface," prepared by Fortin, Levy, Skiles Inc. One page, numbered 5 of 7, dated February 7, 2000. "Aventura Mall Helistop Plan: FATO/TLOF Lighting detail and FATO/TLOF Layout," prepared by Fortin, Levy, Skiles Inc. One page, numbered 6 of 7, dated February 7, 2000. · "Aventura Mall Helistop Plan: Windsock Mounting Detail," prepared by Fortin, Levy, Skiles Inc. One page, numbered 7 of 7, dated February 7, 2000. NOTE: To accommodate FAA and FDOT requirements, the specific location of the Final Approach and Take Off (FATO) area on the top of the parking garage may shift up to 20 feet on the final permit plans. In all other respects permit plans are expected to substantially comply with the above referenced plans. PROJECT SPECIFIC CONDITIONS 1. No commercial or training activities shall take place at the helistop. Operations shall be limited to private and emergency operations. 2. Except for authorized emergency operations, hours of operation are restricted to 8:00 to dusk on weekdays and 10:00 AM to dusk on weekends and holidays. 6 3. Except for authorized emergency operations, use of the helistop is restricted to Visual Flight Rules (VFR) weather conditions. Unauthorized persons shall be restrained from access to the takeoff/landing area during helicopter flight operations by the use of a non-obstructing barrier. Mall security staff shall supervise the helistop level of the parking garage immediately before, during and after take-offs and landings. 5. Except for authorized emergency operations, no fueling or maintenance of aircraft shall be undertaken at the helistop. 6. The emergency and safety equipment required at the facility shall be maintained in good working order at all times. The applicants shall forward a copy of all communications received from State and Federal authorities affecting the operation of the helistop to the City's Community Development Department. Clearance must be received from the City Manager's office if more than three (3) take-off/landings are to be undertaken per day, except for those performed by emergency services. 9. This Conditional Use may be revoked by the Aventura City Commission upon the holding of a duly posted public hearing if, in the determination of the City Manager or designee, the helistop facility poses a public nuisance or a threat to the public health, safety or general welfare. 7 LETTER OF INTENT June 10, 1999 Ms. Brenda Kelley Director Community Development City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 RECEIVED COMMU~NIIY DEVFLOPM£N'/' Re: Aventura Mall ! Proposed Helistop Dear Ms. Kelley: Aventura Mall is proposing to allow for a private helistop (limited to use by Miami-Dade Air & Rescue, Police, Turnberry Associates and related partners). Under your new proposed zoning regulations, it is my understanding this is a conditional use. Accordingly, we are requesting the conditional use to allow for the helistop. The actual helistop will be located on the top of the parking garage next to the Bloomingdale's store. An overall site plan is provided. In addition, a roof top sketch of the landing area is also submitted. This has been reviewed with the FDOT Aviation Programs Administrator. Certain comments were made which have been incorporated as part of the attached plans. Concurrently, the F.A.A. is in the process of checking the airspace around the helistop. Lighting is located on the parking deck in accordance with the F.A.A. requirement. The approach to the garage is from the west. The area although, currently designated as parking spaces, would be cordoned off when the helicopter arrival is anticipated. Regardless, there is surplus parking in the overall Aventura Mall. Accordingly, the elimination of these spaces, even on a temporary basis, does not create a parking problem for the mall. Setbacks from the edge of the parking garage have been shown. We believe this clearly shows the ability of the helicopter to land and to depart without interfering with buildings or vehicular traffic. It should also be noted that the approach is such that the residential properties should not be disturbed by the landing or take-off of the helicopter. EXHIBIT #1 19501 Biscayne Boulevard, Suite 40( 02-CU-99 305)937 200 Fax: < o5)933-5535 Ms. Brenda Kelley June 3, 1999 Page 2 On a property the size of Aventura Mall, the ability to provide this helipad service is essential. It allows for emergency access in the event this was needed without having to deal with traffic at grade level. This could serve both for emergencies within the mall or possibly, emergencies in the area. The helistop would also be beneficial for the removal of cash receipts and related business functions. As you know, Aventura Mall is approximately 100 acres. The proposed helistop is located at the southern portion of the mall. Accordingly, it is removed substantially from the existing residential development. The area to the south is the 192na Street Causeway with office and commercial uses adjacent on the opposite side of the causeway. Any approach to the area from Biscayne Boulevard would result in travel over the mall parking area. We further believe the proposed use shall be consistent with the Comprehensive Plan. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, cBmfort or general welfare. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use as a regional mall next to major roadways. We believe this condition is satisfied. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire; emergency services will be enhanced by the addition of the helistop. The establishment of the conditional use should not impede the development and improvement of surrounding properties for uses permitted in the zoning district. The design of the proposed use should minimize adverse effects due to its location on the southern area of the mall. We believe the proposed helistop meets requirements for a conditional use. Its location is such that it should be compatible and not create problems for any adjacent property owners and specifically any residential property owners. We believe this does provide a benefit both to the mall but also to the area residents in the event of an emergency such as a medical emergency. In closing, we request your favorable review and consideration. Since~ org~.erlin -- ~ - / DG/ga~ Corr99\99-038 AVENTURA MALL May 19, 2000 City of Aventura 2999 NE 191 Street, Suite 500 Aventura, FL 33180 Attn: Bruce Epperson / Senior Planner Dear Mr. Epperson: Please be advised that our security personnel will supervise all landings and take offs from our helistop located at the Aventura Mall. If you have any questions, do not hesitate to call me at (305) 935-11 I0. Thank you. Sincerely, Robert F. Burke, CPM, CSM, CMD General Manager 19501 Biscayne Boulevard · Suite 450 · Aventura, Florida 33180 · (305) 935-1110 · Fax: (305) 935-9360 SITE LEGEND EXHIBIT #2 02-CU-99 U.S. Department of Transportation Federal Aviation Administration August 10, 1999 AU6 t 6 1999 Orlando Airports District Office 5950 Hazeltine National Drive, Suite 400 Orlando, FL 32822 (407) 812-6331 x26/FAX (407) 812-6978 Dar Gennett, Esq Associate General Council Tumberry Associates 19501 Biscayne Boulevard, Suite 400 Aventura, Florida 33180 Dear Mr. Gennett: RE.: Aeronautical Study 99-ASO-3093-NRA Adventura Mall, Adventura, Florida We reviewed the Federal Aviation Administration (FAA) Form 7480-1, Notice of Landing Area Proposal, dated May 2, 1999. We have determined that the proposed private use landing area, to be located at latitude 25o57'18.33"N., longitude 080o08'26.16"W., (NAD 83) will not adversely affect the safe and efficient use of the navigable airspace by aircratt, provided: a. All operations are conducted in VFK weather conditions. b. The landing area is limited to private use. c. All approach and departure route helicopter operations are conducted in an area from 230 degrees clockwise to 345 using the touchdown pad as the center of a compass rose. d. The takeoff/landing area is appropriately marked. e. A non-obstructing wind indicator is maintained adjacent to the takeoff/landing area. We recommend that: a. No night helicopter operations be conducted unless the takeoff/landing area and wind indicator are lighted and a heliport identification beacon is installed. b. Unauthorized persons be restrained from access to the takeoff/landing area during helicopter flight operations by use of a non-obstructing safety barrier. c. Fire protection be provided in accordance with the local fire code and/or AC 150/5390-2& "Heliport Design Guide." EXHIBIT #4 02-CU-99 2 d. The proponent refer to AC 150/5390-2A, "Heliport Design Guide," in establishing an acceptable level of safety for helicopter operations at this heliport. e. Approach and departure paths from heliports should meet the standards depicted in Figure 1-6 of AC 150/5390-2A, Heliport Design, copy enclosed. The void date of this determination is August 10, 2001. If the landing area is not completed by the void date, this determination will expire unless you have requested an extension, revision, or earlier termination. Please notify the FAA within 15 days of completing the'landing area by calling the FAA Area Flight Service Station serving your landing area and returning the enclosed FAA Form 5010-5 to this office. This determination does not mean that the FAA approves the physical development involved with your proposed landing area. Our determination is limited to the safe and efficient use of airspace by aircraft. Our review considered the effect the proposal would have on the following: · Existing or contemplated traffic patterns of neighboring airports, · Existing, navigable airspace and projected programs of the FAA, and · Existing or proposed manmade objects on file with the FAA and natural objects. This determination does not preempt or waive any ordinance, law, or regulation of any other governmental body or agency. The FAA cannot prevent the construction of any object. Therefore, it is conceivable that your facility could be adversely affected by an object being constructed nearby unless you are protected through such means as local ordinances and/or acquisition of property rights. A general ordinance of the State of Florida provides that certain airport constructions or alterations require a written permit prior to construction. The contact for the State of Florida Department of Transportation in Miami is Mr. David P. Bjorneboe, (305) 377-5912. Please let us know if you have any questions concerning this determination. Sincerely, Janet. R. Brumbaugh ~dan;torts Progra Manager Enclosures: FAA Form 5010-5, Figure 1-6 of AC 150/5390-2A cc: FDOT #6. AAS-330, w/cy 7480-1 & sketch Fire Rescue Department Office of the Fire Chief 6000 S.W. 87th Avenue Miami, Florida 33173-1698 (305) 596-8593 R. D. Paulison Fi~e Chief Serving Unincorporated Dade County and the Municipalities of: Bal Harbour Bay Harbor Islands Biscayne Park El Portal Florida City Golden Beach HJaleah Gardens Homestead Indian Creek Islandia Medley Miami Shores Miami Springs North Bay Village North Miami North Miami Beach Opa-locka South Miami Surf side Sweetwater Virgirda Gardens West Miami March 7, 2000 Dar Gemxett, Esquire Associate General Counsel Turnberry Associate 19501 Biscayne Boulevard, Suite 400 Aventura, Florida 33180 Re: Aventura Mall-Helistop Dear Mr. Gannett: Per your request, Captain Walter Bryant, Air Operations OIC, visited the proposed site and found that our rescue trucks require 9.5 ft. clearance to reach the upper deck of the parking garage. The current clearance for vehicle access is only 7 ft. Therefore, velficle access is not possible. However, the elevators w/il accommodate a stretcher with backboard allowing patient access from ground level to the upper deck helistop. Based upon your proposal, when you receive approval from the Florida Department of Transportation and the issuance of an operational license, Miami-Dade Fire Rescue/Air Operations will use the approved helistop to facilitate the evacuation of patients from the Aventura surrouading area. The Aventura Mall helistop provide an immediate resource to facilitate an orgarfized and safe evacuation without affecting congested transportation arteries. If you trove further questions, please contact Captain Walter F. Bryant at 305-233- 5000. Sincerely, R. Fire Chief RDP/WFB/cj EXHIBIT #5 Always ,02_CU_99rve 'Tiimheny Jlssociafe5 3ff t,-t,-U() AJ'IMJ June 6, 2000 Brenda Kelley Director City of Aventura Community Development 2999 NE 191st Street Suite 500 Aventura, FL 33180 Re: A ventura Mall Helistop / Securitv / Parkin\:! Surplus Dear Brenda: As a follow up to our discussion on 6/5/00, we will address your concern that mall patrons may inadvertantly park within the Helistop area by proffering the following conditions: 1. The perimeter of the Helistop (safety area) shall be surrounded by fixed cones indicating that parking is not allowed within the area (year round). 2. Mall garage security will be on call at all times to patrol the top floor of the parking garage. 3. Mall garage security will control vehicle access to the top floor of the parking garage by closing a swing gate. In response to your concern that the Helistop will adversely impact parking conditions at the Aventura Mall, please take note that we presently have a surplus of 763 spaces. In the event Macy's and Lord and Taylor's complete their expansion, the Mall will still have a surplus of 455 spaces (see Aventura Mall Site Plan! Total Mall Expansion drawing number #1 dated 7/14/97). #16023 v1 June 6, 2000 19501 Biscayne Boulevard. Suite 400. Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5535 o 3,rJ 0-6-00 ORLANDO AIRPORTS DISTRICT OFF~ ;19J 5950 Hazeltine National Dr., Suite 400 Orlando, Florida 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-6978 U.S. Department of Transportation Federal Aviation Administration November 18, 1999 Oar Gennett, Esq Associate General Council Turnberry Associates 19501 Biscayne Boulevard, Suite 400 Aventura, Florida 33180 Dear Mr. Gennett: RE: Aeronautical Study 99-0RL-3093-NRA Adventura Mall, Adventura, Florida 25057'18.33"N/080008'26.16"W. This amends our airspace determination of August 10,1999. Provision "c." should be changed to read: "All approach and departure route helicopter operations are conducted in an' area from 900 clockwise to 3450 using the touchdown pad as the center of a compass rose." All other provisions/recommendations in the August 10, 1999, airspace determination remain the same. The void date of this determination remains August 10, 2001. If the landing area is not completed by the void date, this determination will expire unless you have requested an extension, revision, or earlier termination. Please notify the FAA within 15 days of completing the landing area by calling the FAA Flight Service Station serving your landing area and returning the enclosed FAA Form 5020-5 to this office. Please let me know if you have any questions concerning this matter. Enclosure: FAA Form 5010-5 /C Janet R. Brumbaugh Airports Program Manager Cc: FOOT #6, AAS-330 w/cy 7480-1 & sketch Date: To: From: CITY OF AVENTU~,A COMMUNITY DEVELOPMENT DEPARTMENT Request for Comments July 14, 1999 x Building Division x Code Compliance x Community Services Department x CAP x Landscape Architect x Police Department x DERM x Metro Dade Fire Rescue _x Capital Projects Manager Case # 02-CU-99 X Initial Review Revised from Previous Joanne Carr, Executive Assistant Community Development Department Re: Address: Folio #: 02-CU-99 Request by Turnberry Associates for Conditional Use Approval 19501 Biscayne Boulevard (Aventura Mall Parking Garage), Aventura, Florida 28-2203-038-0070 {x) Conditional Use ( ) Use Variance(s) ( ) Amendments to the Zoning Ordinance ( ) Substantial Compliance ( ) Change of Zoning ( ) Non-UseVariance(s) ( ) Site Plan Review ( ) Unusual Use The Community Development Department has received the attached application. In order to prepare staff comments for the applicant to address before the next submittal, the Community Development Department would appreciate your comments in reference to issues that may affect your department regarding the request or development. Your written comments are due to this office, on or before, July 28, 1999 in order to prepare packages for the applicant. Thank you for your assistance and cooperation. If you should have any questions, please feel free to contact me at (305) 466-8940. Comments:J ~ ~ Signature Enclosure /form/review request letter RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT A NON- COMMERCIAL HELISTOP ON THE TOP FLOOR OF THE BLOOMINGDALE'SlBURDINE'S PARKING GARAGE AT THE AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF THE APPROVAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District, a non-residential district; and WHEREAS, the Applicant, Aventura Mall Associates, through Application No. 02-CU-99, has requested conditional use approval to permit a non-commercial helistop on the top floor of the Bloomingdale's/Burdines's Parking Garage at the Aventura Mall; and WHEREAS, the City Commission finds that the proposed non-commercial helistop will be a benefit to the community in providing an immediate resource to emergency rescue units to facilitate an organized and safe evacuation without affecting congested transportation arteries; 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. 02-CU-99 for conditional use approval to permit a non-commercial helistop on the top floor of the Bloomingdale's/Burdines's Parking Garage at the Aventura Mall, on property legally described as: Tract "Q", Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Miami-Dade County, Florida aka Aventura Mall 19501 Biscayne Boulevard is hereby granted specific to the applicant. Section 2. The following conditions shall be applied to this approval: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Aventura Mall Helistop Plan: Location Plan," prepared by Fortin, Levy, Skiles Inc. One page, numbered 1 of 7, dated February 7, 2000. · "Aventura Mall Helistop Plan: Aerial View," prepared by Fortin, Levy, Skiles Inc. One page, numbered 2 of 7, dated February 7, 2000. · "Aventura Mall Helistop Plan: Site Plan," prepared by Fortin, Levy, Skiles Inc. One page, numbered 3 of 7, dated February 7, 2000. · "Aventura Mall Helistop Plan: TLOF Plan," prepared by Fortin, Levy, Skiles Inc. One page, numbered 4 of 7, dated February 7, 2000. · "Aventura Mall Helistop Plan: Isometric View of Helistop Approach Surface," prepared by Fortin, Levy, Skiles Inc. One page, numbered 5 of 7, dated February 7, 2000. Resolution No. Page 3 "Aventura Mall Helistop Plan: FATO/TLOF Lighting detail and FATO/TLOF Layout," prepared by Fortin, Levy, Skiles Inc. One page, numbered 6 of 7, dated February 7, 2000. "Aventura Mall Helistop Plan: Windsock Mounting Detail," prepared by Fortin, Levy, Skiles Inc. One page, numbered 7 of 7, dated February 7, 2000. NOTE: To accommodate FAA and FDOT requirements, the specific location of the Final Approach and Take Off (FATO) area on the top of the parking garage may shift up to 20 feet on the final permit plans. In all other respects permit plans are expected to substantially comply with the above referenced plans. PROJECT SPECIFIC CONDITIONS 1. No commercial or training activities shall take place at the helistop. Operations shall be limited to private and emergency operations. 2. Except for authorized emergency operations, hours of operation are restricted to 8:00 to dusk on weekdays and 10:00 AM to dusk on weekends and holidays. 3. Except for authorized emergency operations, use of the helistop is restricted to Visual Flight Rules (VFR) weather conditions. 4. Unauthorized persons shall be restrained from access to the takeoff/landing area during helicopter flight operations by the use of a non-obstructing barrier. Mall security staff shall supervise the helistop level of the parking garage immediately before, during and after take-offs and landings. 5. Except for authorized emergency operations, no fueling or maintenance of aircraft shall be undertaken at the helistop. 8. The emergency and safety equipment required at the facility shall be maintained in good working order at all times. 7. The applicants shall forward a copy of all communications received from State and Federal authorities affecting the operation of the helistop to the City's Community Development Department. Clearance must be received from the City Manager's office if more than three (3) take-off/landings are to be undertaken per day, except for those performed by emergency services. Resolution No. Page 4 This Conditional Use may be revoked by the Aventura City Commission upon the holding of a duly posted public hearing if, in the determination of the City Manager or designee, the helistop facility poses a public nuisance or a threat to the public health, safety or general welfare. 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 Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder , who moved and upon being PASSED AND ADOPTED this 6th day of June, 2000. ATTEST: Arthur I. Snyder, Mayor Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,2000. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: ? FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka,/~~ Brenda Kelley, ~"~omh~ May 25, 2000 ~velopment Direct~ Request of Starbucks Coffee for a sign variance to permit a second wall sign at their existing store at 19127 Biscayne Boulevard. (04-SV-00) June 6, 2000 City Commission Meeting Agenda Item 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, Lockwood Sign Group for Starbucks Coffee, Inc., is requesting a variance to permit a second wall sign of 16 square feet on the north elevation of their cafe at 19127 Biscayne Boulevard where only one wall sign is allowed by the City's Sign Code. (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT Champion Retail, Ltd. Lockwood Sign Group for Starbucks Coffee, Inc. ADDRESS OF PROPERTY 19127 Biscayne Boulevard (Champion Retail Plaza) SIZE OF PROPERTY Approximately 12.59 acres LEGAL DESCRIPTION Tract "A" of SOFFER REDLICH PLAT, Plat Book 153 at Page 56, 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: B2 Community Business District B2 Community Business District B2 Community Business District B2 Community Business 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: Outparcel of Shopping Center Retail Automotive-related Retail Retail and Hotel Biscayne Boulevard and FEC Railroad 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 Business and Office and Town Center Business and Office Biscayne Boulevard and FEC Railroad The Site - The subject site, Starbucks Cafe, is one of three businesses located in Outparcel Two (the new "Hemisphere Bank Building") of Champion Retail Plaza at the northeast corner of Biscayne Boulevard and NE 191 Street. Because of its location on the northwest corner of the new building, Starbucks Cafe is not a corner location as defined in the City's Sign Code (See attached Exhibit #2 for location map and Exhibit #3 for aerial photo). The Project - Starbucks Cafe is requesting a sign variance to permit a second wall sign, four feet in diameter and 16 square feet in area on the north frontage of the store. A channel letter sign, 21 square feet in area, was previously approved by the City for the west frontage of the store in February 2000. ANALYSIS Citizen Comments- The Community Development Department has received no written citizen comments. 2 Community Development Department Analysis - Outparcel Two of Champion Retail Plaza is located at the corner of NE 191 Street and Biscayne Boulevard. The building contains three tenant spaces. Hemisphere Bank is the largest space, and is the designated corner location for the purposes of the City's Sign Code. Starbucks Coffee and an optical store take up the other two spaces. The Starbucks store has a 35 foot frontage on Biscayne Boulevard and a 64 foot frontage to the north. On July 9, 1998 the Aventura City Commission, in Resolution 98-51 (see Exhibit #4) approved a Multi- Tenant Center application for signage at Champion Retail Center. However, Resolution 98-51 specifically requires the Outparcel Two building to conform to the City's Sign Code. In February 2000 Starbucks received a sign permit for the installation of a 21 square foot channel letter sign of the west (Biscayne Boulevard) frontage. The applicants are requesting a variance for a 16 square foot wall sign on the north elevation. This sign will allow patrons at other stores in the Champion Retail Plaza to find the cafe from the interior of the shopping center. The small size of the sign, the installation of trees adjacent to the north frontage of the building and the location of a travel agency building on Biscayne Boulevard just north of the new bank building effectively screen the sign from the street. 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 promote the stability and appearance of the City. The City's sign ordinance allows the applicant to install one wall sign of 64 square feet on the building. The applicant has instead chosen to install a 21 square foot sign facing Biscayne Boulevard and request a variance for a 16 square foot sign facing north, into the shopping center. The total area of the two signs together is less that permitted under the sign code for the one allowable sign. The size of the proposed north sign is in keeping with the applicant's expressed purpose of allowing patrons at other shops in the shopping center to find the cafe. This is 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. 3 Lockwo d SignGroup, Inc. 829 Pickens Industrial Drive Suite 5 Marietta, GA 30062 770/424-1554~phone 770/424-1186 fax Ms. Brenda Kelley City Of Aventura 2999 NE 191st Street Suite 500 Aventura, FL 33180 Friday, March 3, 2000 RE: Letter of Intent for Starbucks Coffee, 19127 Biscayne Blvd., Aventura, FL Dear Brenda: Lockwood Sign Group, an agent of Starbucks Coffee, respectfully requests approval of a variance for additional signage at the above mentioned location. This location is set back from the intersection, and the visibility of existing signage has been encumbered. A 48" illuminated flush logo, with total square footage of 12.57 square feet, would significantly improve our client's visibility. The logo disc is proposed for the North elevation. Ms. Patti Shore, from Interstate Sign Crafters will be representing Lockwood Sign Group at this variance hearing. Interstate will be installing the Starbucks logo, if approved. She will be on hand to answer any questions. If you have any additional questions, please contact me at 1-888-722-1556. Sincerely, Amy M~a heL~O~~ ¢0''~ Project Manager EXHIBIT #1 04-SV-OO Hospital CLUB DR. GIR~. WAY ~ 207 ST. LUB DR. ~ 201 TER. AVENTURA ~,ventura Police Deparlment 192 City of Aventura Government Center Maule Lake 188 ST. Dumfoundling [dttle Maule So~nd Lake / EXHIBIT #2 04-SV-00- I_ 33180 LEGEND Roadways City Boundary SITE EXHIBIT #3 04-SV-O0 RESOLUTION NO. 98-51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING APPROVAL OF MULTI-TENANT CENTER SIGN GRAPHICS FOR SIGNAGE FOR CHAMPION RETAIL PLAZA LOCATED AT THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 191 STREET ,a, ND NE 193 STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is now governed by the City Commission of the City of Aventura; and WHEREAS, Ordinance No. 97-17 allowed for the Owner of a Multi-tenant Center, or their authorized representative, to comply with the standards for Nonresidential District Signs or alternatively, apply for approval as a Multi-tenant Center; and WHEREAS, the property described herein is zoned BU-2, Special Business District and is a Nonresidential District; and WHEREAS, the Applicant, Champion Retail, Ltd., through Application No. 01- MTC-98, is requesting approval of Multi-tenant Center Sign Graphics for signage at Champion Retail Plaza located at the east side of Biscayne Boulevard between NE 191 Street and NE 193 Street; and WHEREAS, the City Manager recommends approval of these requests subject to conditions;and WHEREAS WHEREAS the City Commission has held a public hearing; and the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein; and EXHIBIT #4 04-SV-O0 Resolution No. 98-§1 I~t~¢. [ ~J ' Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-MTC-98 for approval of Multi-Tenant Center Sign Graphics for signage at Champion Retail Plaza located at the east side of Biscayne Boulevard between NE 191 Street and NE 193 Street is hereby granted subject to each of the following conditions: 1) Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void and the applicant shall be required to reinstate the approval process unless the term is extended by a motioh of the City Commission prior to its expiration. 2) The proposed Bank II Phase signage, not included with this application, will conform to the Non-Residential District requirements of the Sign Code. 3) A Resolution shall be recorded in the Public Records of Dade County prior to issuance of any additional or new Sign permits for the subject property. The applicant shall be responsible for recording fees associated with such recordation. 4) Multi-Tenant Center Signage approval shall not constitute building permit approval. 5) No raceways are permitted. 6) Plans shall substantially comply with those plans submitted as follows: 1. Site Plan, Champion Retail Plaza, Sheet SP-1, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 04/22/98; 2. Elevations, Champion Retail Plaza, Sheet SP-2, prepared by Arc-Tech Associates Incorporated, signed and sealed dated 6/4/98; Resolution No. 98-51 Page 3 liE(;:. !8160~f4565 3. Presentation Cover Sheet, Union Bank of Florida, Sheet CS-l, prepared by Gallo, signed and sealed dated 2-9-98; 4. Preliminary Floor Plan, Union Bank of Florida, Sheet SP-1, prepared by Gallo, signed and sealed dated 2-9-98; 5. Preliminary Elevations, Union Bank of Florida, Sheet A-2, prepared by Gallo, signed and sealed dated 2-9-98; 6. West Elevation, Union Bank of Flodda, prepared by Gallo, signed and sealed dated 5-18-98; 7. Finish Schedule, Union Bank of Florida, prepared by Gallo, signed and sealed dated 5-18-98; 8. Monument Sign Type "C", Courtyard by Marriott, Sheet 1 of 4, prepared by Graphic Systems Incorporated, dated 1-28-98; 9. Entrance Sign Type "D", Courtyard by Marriott Sheet 2 of 4, prepared by Graphic Systems Incorporated, dated 1-28-98 10. South Elevation (and details), Courtyard by Marriott, Sheet 3 of 4, prepared by Graphic Systems Incorporated, dated 1-30-98; 11. East Elevation (and details), Courtyard by Marriott, Sheet 4 of 4, prepared by Graphic Systems Incorporated, dated 1-30-98. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. °"' 13160 14566 Resolution No. ,~8-51 ~E¢. Page 3 Section 3. adoption. Vice Mayor The foregoing Resolution was offered by Commissioner Cohen moved its adoption. The motion was seconded by Commissioner Ho]_zber~ upon being put to a vote, the vote was as follows: This Resolution shall become effective immediately upon its , who , and Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder yes yes yes absent yes yes PASSED AND ADOPTED this 9th day of June, 1998....~ / , ARTHUR I. SNYDER, MAYOR A'I-I-EST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS. TO LIE U~~IClENCY: This Resolution was filed in the Office of the City Clerk this / b'~day of _.~¢Z~------, 199~--.~-- CITY CLERK LEGAL DESCRIPTPION SOFFER REDLICH PLAT A REPLAT OF A PORTION OF "AMENDED PLAT OF "BRITAN'S ADDITION TO OJUS, FLORIDA" (PLAT BOOK 19 AT PAGE 24); A PORTION OF "THE BRITAN SUBDIVISION" (PLAT BOOK 7 AT PAGE 1); A PORTION OF TRACT "H" OF "AVENTURA FOURTH ADDITION" (PLAT BOOK 116 AT PAGE 34); AND TRACTS "A AND B" AND A PORTION OF NE 193RD STREET, ALL OF "DONED SUBDIVISION" (PLAT BOOK 138 AT PAGE 5) LYING IN THE NORTHWEST ¼ OF SECTION 3 - TOWNSHIP 52 SOUTH - RANGE 42 EAST CITY OF AVENTURA, DADE COUNTY, FLORIDA. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR STARBUCKS COFFEE, INC., LOCATED AT 19'127 BISCAYNE BOULEVARD, TO PERMIT A SECOND WALL SIGN, SIZE NOT TO EXCEED '16 SQUARE FEET ON THE NORTH ELEVATION, WI-IERE ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS the property described herein is zoned B2, Community Business District, a non-residential district; and WHEREAS, the Applicant, Lockwood Sign Group for Starbucks Coffee, Inc., through Application No. 04-SV-00, has requested a sign variance to permit a second wall sign of approximately 16 square feet on the north elevation of its retail store, where only one wall sign is allowed by code; 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. 04-SV-00 for Sign Variance, to permit a second wall sign, size not to exceed 16 square feet on the north elevation of its retail store, wherf~ only one wall sign is allowed by code, on property legally described as: Resolution No. Page 2 Tract "A" of Softer Redlich Plat, Plat Book 153, Page 56, Official Records of Miami-Dade County, Florida not be transferable to subsequent aka 19127 Biscayne Boulevard is hereby granted. This variance shall tenants/owners. Section 2. This Resolution shall 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 Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder become effective PASSED AND ADOPTED this 6th day of June, 2000. immediately upon its , who moved ,and upon being ATTEST: Arthur I. Snyder, Mayor Teresa M. Soroka, CMC, City Clerk Resolution No. Page 3 APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,2000. CITY CLERK PROPOSED 4' ILLUMINATED LOGO DISK /~-~I~' state ~ ST^RBUCKS COFFEE 15'-0" · COUNTRY~ &' GS sq ft Sign B 28" Gateway to be internally illuminated individual channel letters 47" Cow Box to be an internally illuminated box sign 8' Country to be internally illuminated individual channel letters Allowable signage = 76 sq £t **Note: [5/1/00)Variance Hearing to get proposed sign, ".( IGateway COU#TR¥ 26'-?' Front Elevation - Facine North Semis I/8" = Gateway' oa.~. Country #40001401 21175 Biscayne Blvd. 75' 6" Landlord approval Date 3/02/00 c o u # T R Y Aventura, FL nchor n Rewsed by SCraig Campbell 13'-6" ·; Gatcway ' 3'-10" 42' 25" · COUNTRY* T' 52 sq ft Sign A 25" Gateway Lo be internally illuminated individual channel letters 42" Cow Box to be an internally illuminated box sign 7" Country to be non-illuminated individual channel letters Allowable signage = 55 sq fi A(lual signage shown on this elevation = 52 sq ft Existing "Busy Body" tenant space Side Elevation - Facing Wcst Scale ?/8": l'-O" *New doors would be added for signage on this elevation 55'-4" Landlord approval Date 3/02/00 ~ GateWaYc o u.,., Gateway country #40001401 21175 Biscayne Blvd. ~.ry/~'AnchorS,~[r~ n Drawn by Shahs Lasby Revised by S Craig Campbell Aventura, FL Existing Pylon 1 Biscayne Blvd. -Existing Pylon 2 Enlarqed for detail SignA Sign B Landlord approval Date Conceptual Site Plan Gateway Gateway Country #40001401 ¢ o u N T R Y 21175 Biscayne Blvd. ~'.'.~& i,~,.,nc.orSign Side elevation-West. North elevation-Gateway's storefront Southwest elevation occupied by Busy Body Home Fitness. South elevation-Busy Body's storefront. Side elevation-East.. Existing multi-tenant sign. Existing multi-tenant sign. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ,~ Eric M. Soroka, Cit~l~an~ Brenda Kelley, Communit~,E May 26, 2000 Chabad House of North Dade 21001 Biscayne Boulevard '~opment Direct(~ June 6, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission deny the request of Chabad House of North Dade for an extension of the permit to use a temporary trailer for worship services during construction of the permanent facility, due to its failure to comply with previously granted approvals. REQUEST The applicant is requesting a further extension of time from June 15, 2000 to December 31, 2000 to permit the use of a temporary trailer for worship services pending completion of construction of the permanent facility and NE 210 Street. CURRENT STATUS OF APPROVALS The applicant was issued a building permit for temporary trailer to be used as a religious facility during construction of the permanent facility on the site. The permit for the temporary trailer expired on Mamh 30, 1999. Prior to the expiration of the permit, the applicant requested that staff extend the permit. Staff denied the request and informed the applicant that staffs decision could be appealed to the City Commission. On May 4, 1999, the applicant appeared in front of the City Commission to appeal staff's decision and request an extension of the permit of the temporary trailers in order to have additional time in which to complete construction of the permanent facility. The City Commission approved that request subject to the following conditions: 1. That the permit for the use of the temporary trailers, previously issued for one (1) year, be extended only until June 15, 2000; and 2. That the applicant obtain a master building permit within thirty (30) days of the date of this approval; and 3. That a recorded cross-parking agreement be submitted to the City prior to issuance of a Certificate of Occupancy for the permanent facility; and 4. That a recorded Improvement Agreement be submitted to the City prior to issuance of a Certificate of Occupancy for the permanent facility. In light of the approval granted on May 4, 1999, the applicant has: 1. Obtained the master building permit for the permanent facility on June 3, 1999. 2. Submitted to the City a recorded cross-parking agreement. 3. Submitted to the City an Improvement Agreement. This agreement was not recorded because it agrees to complete the construction of NE 210 Street prior to issuance of the Certificate of Occupancy for the permanent facility. CURRENT STATUS OF PERMITS Master Permit for construction of the permanent facility (BL99-510) · 6-3-99 - permit issued · 9-2-99 - electrical grounding inspection approved · 9-3-99 - ground rough plumbing inspection approved · 9-3-99 - sewer service inspection approved · 2-21-00 - field check/log inspection approved Temporary Trailer(s) (BL98-193) · Permit issued 2-23-98; · Permit issued with condition "permit valid for one year only after issuance of Certificate of Occupancy for trailers"; · Final inspections approved; · Certificate of Occupancy issued on 3/30/98; · Permit expires 3/30/99; · Temporary extension issued by City only until May 5, 1999, with condition that applicant must receive approval by City Commission for extension of permit; · City Commission approves extension only until June 15, 2000. Please find attached, copies of correspondence regarding the City's repeated reminders of the construction completion deadline of June 15, 2000. 2 BACKGROUND Please find following, information regarding previous approvals and the status of miscellaneous approvals required by Chabad House of North Dade for the completion of the permanent religious facility on the site: Resolution No. 4-ZAB-324-90 (Issued by Miami-Dade County) · Passed and adopted 10/24/90 · Resolution approved, on a temporary conditional basis: 1. special exception to permit a place of worship; 2. non-use variance ... to permit the temporary use of a trailer as a place of worship; 3. non-use variance of setback requirements; 4. non-use variance of parking requirements; 5. non-use variance of lot area requirements; · With conditions as follows: 1. That a plot use plan be submitted... 2. That in the approval of the plan, the same be substantially in accordance...as it applies to the trailer approval. That skirting material ... be provided around the area below the trailer- 3. That the applicants submit...a landscape plan 4. That only one sign... 5. That the use be established and maintained in accordance with the approved plan. 6. That the required parking...should be improved and installed... 7. That the dedication of rights-of-way... 8. That the applicants comply with...DERM. 9. That the water and sewage facilities in the trailer meet with the approval of DERM. 10. That the trailer approval.., shall be temporary in nature and be for a period of three (3) years and shall automatically terminate on the 24*h day of October 1993... 11. That the applicants enter into a Trailer Bond Agreement... 12. That the applicants obtain a Certificate... · Resolution clearly indicates approval for a temporary use for a three (3) year period. Resolution No. 5-ZAB-470-95 (Issued by Miami-Dade County) · Passed and adopted 12/6/95 · Resolution approved: 1. special exce )tion to permit a proposed religious facility; 2. non-use variance of lot area requirements 3. non-use variance of parking requirements: 4. non-use variance of parking regulations; 5. non-use variance of setback requirements 6. non-use variance of lot coverage requirements; 7. non-use variance of height requirements; · With conditions as follows: 1. That a site plan be submitted... 2. That in the approval of the plan, the same be substantially in accordance... 3. That the use be established and maintained in accordance with the approved plan. 3 4. That the applicant submit.., and landscape plan... 5. That no trailers...and no temporary use of any type shall be permitted on the premises. 6. That the applicant obtain a Certificate ... Resolution clearly indicates approval for a permanent use and not a temporary use. Resolution No. Z-96-10-ACC-4 (Issued by City of Aventura) · passed and adopted 11/19/96 · Resolution approved: 1. modification of plans for religious facility; 2. special exception for expansion of religious facility; 3. non-use variance of building height; 4. non-use variance of lot area and frontage requirements; 5. non-use variance of number of parking spaces required; 6. non-use variance of setback requirements; 7. non-use variance of requiring 35' right-of-way; · with conditions as follows (and status): 1. That the applicant obtain a Certificate ... - applicant has an up-to-date Occupational License. 2. That the applicant provide and execute a covenant,.. - recorded and submitted to City 3. That in the approval of the plan, the same be substantially in accordance... 4. That applicant obtain a Cross-Parking Easement Agreement... 5, That the applicant submit ... an Improvement Agreement for the future construction of NE 210 Street... 6. That all trailers...be moved and maintained further to the east... - complied (these are the temporary trailers existing on the site). 7. That other than as specifically authorized by condition (6) above,...no temporary use of any type shall be permitted on the property at any time. - the existing trailers are a temporary use. 8. That applicant shall submit to the City's Landscape Architect and City Council.,.a landscaping plan... - complied. 9. The Zoning Approvals granted are subject to the further condition that development authorized by this Resolution conform to the Plans and be established and maintained in accordance with the Plans. - the site has not yet been developed in accordance with the Plans. Substantial Compliance Determination · Application filed 11-21-97 · Outstanding items required prior to approval: 1. revised plans showing complete calculations and ownership patterns; and 2. recorded cross parking agreement; and 3. recorded NE 210 Street improvement agreement. · Substantial Compliance approval granted May 27, 1999. Permitting Foundation (BL98-185) (permanent structure) 4 · Application filed 12-31-97; · Substantial Compliance Determination not approved so staff approved foundation permit only after receipt of affidavit by architect verifying that foundation is in exact same location as approved plans; · Permit issued 2-19-98; · Revision permit issued 6-25-98 (footing); · Last inspection performed 9-01-98; · Permit expired 12-01-98 · Construction not completed - see attached pictures for status of construction - foundation permit allows for construction up to and including completed pilings. As always, please feel free to contact me with any questions you may have. /staff rep(xts/chabad 051700 traiter 5 ROSENTHAL ROSENTHAI. May 3, 2000 FACSIMILE NUMBER: 305-466-8949 I~DU~ltDO I. PASCO ALAN $. RO$11NTHAL KIiRRy IL STACI II. G 'ENET JES$ICA II. L~$IvlAN GARY ~ NESBITT Mr. Eric Soroka City Manager CITY OF AVENTURA 2999 lq. E. 191st Street Suite 500 Aventura, Florida 331110 JEROME S. HOLLO JORGE LUI$ WOLF Chabad House of North Dade, Inc. Temporary Trailer Building Permit Dear Mr. Soroka: This office continues to represent Chabad House Of North Dade, Inc. (Chahad) with respect to thc construction of their permanent facility within thc City of Aventura. In conjunction with that construction the City of Aventura City Council authorized the extension of their Temporary Trailer Building Permit until Sanu~y 15, 2000, predicated upon their having complied with · certain prerequisites set forth in that Resolution. In conformity with the contingencies set forth in thc Resolution, my client has effectively performed a substantial portion of the prerequisites, however, there were substantial initial delays in the securing of the agreement with Menorah Funeral Home as a result of a change i~ ownership between thc timc thc initial agrcemcnt was contemplated and thc a¢tual agreement was to bc cxecutcd. In addition, the financing provided by Peninsula Bank contemplated the commltlnelltS of certain Synagogue members to ra_.~e conlribulions toward the building fund, which unfortunately have not come to fruition. Accordingly, at this lime my client is unable to complete the construction of the building and the conslruction of 210~ Street within the timeframes contemplated. It is respectfully submitted that Chabad had utilized its best efforts to comply with thc City's requirements and sincerely believe they have made great strides forward since this Board's approvals, It is obvious that this non-profit entity is striving to achieve its goal of having a house of worship and certainly it can bc appreciated that they would much prefer praying in that house of worship rather than in temporary Irailer, however, notwithstanding their desire they are subject to the cormnitments of others who do not always fulfill their commitments, We sincerely believe that if this Board will grant one final extension until December 31, 2000, my clients will be able to secure thc remaining monies needed and committed to complete this Turnberry Plaza, Suite 500, 2875 Norrll~a~ 191st Sl~t, Avenrura, Flo£1da 55180 30~.957.0500 / l~ax: 505.9~7.1~11 / l~-mail: lswofficcs~aol.com Mr. Eric Soroka 2 May 3, 2000 building, winch will then allow them to pray in the house of worship that they have fought so valiantly to construct. By virtue of the foregoing, I would respectfully request that you allow figs mat~e~ to be heard before the City Council at it~ next meeting on June 6, 2000, If you require any additional information please contact my office and speak with Kerry, in that I will be out of the Cotmtry until May 24~, Thank you for your com'tesy, and with warmest Ioersonal rcg~rfls I remain, Sincerely, I OS Nan aOSE rt-WL CO ASR:ew Enclosure Ms. Brenda Kelley; Faeslmile Number: 305466-8949 Mr. Noe Martinez, Building Official; Facsimile Number: 3054664949 Mr. Lalvl Form M~. Stanley Singer Mr. Mendel Gorin ROSENTH.a~ ROSENTIffA.L RASCO ,a.l:mme~'~¢ otl~t~slot~al.~.'~c,a~lo~* Tur~.be, r~ Plaza, Suite 300, 2875 Northaa~t. 191 *t St~:t,, Am'mt-l,, ~o~id~, 33180 .~0~.937.0300 / ~ 305,937.1511 / l.~il: laWOffic~s~aol,com ROSENTHAL ROSENTHAL RASCO A~TORNEY$ AT LAW TURNBERRY pI_AZA, SUITE 500 2875 NORTHEAST 191 ST STREET AVENTURA, FLORIDA 33180 TELEPHONE 3039374:)300 FACSIMILE 303937-131 I KEITH R. GAUDIOSO STAC[ H. GENET GARY I NESBITT EDUARDO I, RASCO ALAN S. ROSENTHAL KERRY E. ROSENTHAL OF COUNSEL JEROME S. HOLLO JORGE LUlS WOLF April 29, 1999 FACSIMILE NUMBER: 305-466-8949 Ms. Brenda Kelley Community Development Director City of Aventura 2999 N. E. 191st Street Suite 500 Aventura, Florida 33180 RECEIVED 3 1999 CoMMUfNITY DEVELOPMENT Re: Chabad House of North Dade, Inc. 21001 Biscayne Boulevard Dear Brenda: In connection with the captioned and in response to your letter of April 1, 1999, please be advised that the Agreement concerning the completion of construction o£N. E. 210th Street has been modified so as to comport with the City Attorney's and your suggestions, and is provided for your review. It will be signed and delivered to you prior to the City Council meeting of May 4, 1999. The Cross-Parking Agreement has previously been submitted to you and to the City Attorney for his review and if it is acceptable will be recorded in the Public Records of Miami-Dade County, Florida, with the original being forwarded to your office a~:Ser k is returned from the County Records. I believe that, in conformity with prior discussions between you and I and the City Building Officials, the site has been improved and with the delivery of the docmnents referred to above I believe all requirements for the issuance of a Building Permit have been submitted. If I am incorrect in this regard please advise what remains to accomplish Substantial Compliance. Turning now to your letter of April 1, 1999 and the timeframes that you have requested, please be advised of the following contemplated construction timeframe, to-wit: City of Aventura 2 April 29, 1999 1. Chabad will, within thirty (30) days of the issuance of a Building Permit secure the same from the City and commence construction. 2. Chabad will complete construction of the development within one (1) year from the date the City of Aventura issues its Building Permit for the construction of this project. 3. Chabad will complete all improvements to N. E. 210th Street within one (1) year from the date the City of Aventura issues its Building Permit for the construction of this project. · ! would.,hope that the foregoing correctly sets forth the current stares of the captioned matter, however, if it does not please advise as to any deficiencies or errors. Please keep in mind that the securing of the Cross Parking Agreement has been a major deterrent to this project going forward. In addition to the City requiring the same for permitting the lenders contacted by Chabad have evidenced their inability to provide financing without this Cross Parking Agreement having been accomplished. In that regard, prior to the hearing on May 4, 1999 before the City Council I should have in hand a letter from a lending institution evidencing their agreement to fund a construction loan to Chabad. Let me thank you for your courtesy and cooperation herein and with warmest personal regards I remain, ASR:cw Cordially, yTHAL Enclosure CC~ Mr. Eric Soroka; Facsimile Number: 305-466-8919 David Wolpin, Esquire; Facsimile Number: 305-854-2323 Mr. Mendel Goren; Facsimile Number: 305-937-1545 LAW OFFICES ROSENTHAL ROSENTHAL RASCO A partnership of Professional Associations Febmaryl7,2000 FACSIMILE NUMBER: 305-466-8949 Ms. Brenda Kelley Community Development Director City of Aventura 2999 N. E. 191st Street Suite 500 Aventura, Florida 33180 RECEIVED FEB 1 6 qO0 COMMUNITY DEVELOPMENT EDUARDO I. PASCO ALAN S. ROSENTHAL KERRY E. ROSENTHAL STACI H. GENET GARY lAN NESBITT OF COUNSEL JEROME S. HOLLO JORGE LUIS WOLF Re: Chabad House Dear Brenda: I apologize for not having provided you with the recorded Cross Parking Agreement, however, it apparently was returned from the Courthouse and placed in the file without my noticing. I have reminded my client that June 15, 2000 is the deadline for securing the Ce~]ficate of Occupancy and hopefully they will complete the building on time and secure the stone in due COurse. To you and all of my friends at the City, I sincerely appreciate your prayers and concerns and cards, and although I am not back at the office I am beginning to work a little bit out of the house and will soon be back at the office. Sincerely, ASR:cw Enclosure Turnberry Plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180 305.937.0300 / Fax: 305.937.1311 / E-mail: lawoffices@aol.com CITY OF AVENTURA GOVERNMENT CENTER 2999 N.E. 19 ! ST STREET SUITE 500 AVENTURA, FLORIDA 33180 April 14, 2000 Alan S. Rosenthal, Esq. Rosenthal Rosenthal Rasco 2875 NE 191 Street Suite 500 Aventura, FL 33180 Re: Chabad House of North Dade Case File No. 01-SCD-98 ARTHUR I. SNYDER MAYOR JaY R. BESKiN KEN COHEN HARRY HOLZBERg JEFFREY iV[. PERLOW PATRICIA ROGER$-LIBERT Dear Alan: Further to Brenda Kelley's letter of February 7, 2000 (copy attached), I would like to again remind you that the extension of the temporary trailer building permit expires on June 15, 2000. The main building needs to be ready for occupancy on or before that date. Yours truly Assistant Planner /jo Attachment c.c.: Eric Soroka, City Manager Noe Martinez, Building Official PHONE: 305~466-8900 · FAX: 305-466-8939 Chabad House of North Dade, Inc. 21001 Biscayne Boulevard May 25, 2000 Chabad House of North Dade, inc. 21001 Biscayne Boulevard May 25, 2000 MINUTES CITY COMMISSION MEETING TUESDAY, MAY 2, 2000 6 PM Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 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, Patricia Rogers-Libert, Vice Mayor Jeffrey M Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys David M. Wolpin and Richard Jay Weiss (arrived at 6:30 p.m.). As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE - Brenda Kelley led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Commission, and if you wish to address the Commission, you may be subject to cress-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, if any. Mayor Snyder and Vice Mayor Perlow left the room at this time. A motion was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously passed, 5-0, to elect Commissioner Holzberg as Chair of the proceedings in the absence of the Mayor and Vice Mayor. A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A REQUEST FOR UNUSUAL USE APPROVAL TO PERMIT A PARKING AREA FOR EMPLOYEES AND THE STORAGE OF RENTAL VEHICLES IN A ZONE MORE RESTRICTIVE THAN THAT IN WHICH THE USE IT SERVES IS LOCATED FOR THAT PROPERTY LOCATED AT 17800 BISCAYNE BOULEVARD; 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 opened the public hearing. The following individuals addressed the Commission: Michael J. Snyder, Esq., 20803 Biscayne Boulevard; Manny Garcia, Engineer, Pistorino & Alam, 6401 SW 87 Avenue, Miami; David Ettman, Biscayne Environmental, Inc., 9620 NE 2"d Avenue, Miami Shores; Bruce J. Clark, P.E., Environmental Resources Management, 3913 Rega Blvd., Tampa, all on behalf of the applicant; Joseph Platnick, 18701 Biscayne Blvd., Mariano Fernandez, Engineer, C.A.P. Engineering, on behalf of the City. There being no further speakers, the public hearing was closed. A motion for approval of the resolution was offered by Commissioner Cohen and seconded by Commissioner Rogers- Libert, subject to staff conditions and approval by the Florida Department of Transportation and other applicable agencies. The motion for approval passed 4-1, with Commissioner Berger voting no and Resolution No. 2000-25 was adopted. Mayor Snyder and Vice Mayor Perlow returned to the meeting. 6. SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appointment to members of the Recreation and Cultural Arts Advisory Board. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR GATEWAY COUNTRY STORES, INC., LOCATED AT 21175 BISCAYNE BOULEVARD, TO PERMIT A SECOND WALL SIGN, SIZE NOT TO EXCEED 65 SQUARE FEET ON THE NORTH ELEVATION, WHERE ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individual spoke: Darrell Edwards, Anchor Sign, Charleston, South Carolina, on behalf of the applicant. There being no further speakers, the public hearing was closed. A motion for approval of the resolution was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. The motion for approval failed 3-4, with Commissioners Berger, Cohen, Holzberg and Vice Mayor Perlow voting no and Commissioner Beskin, Rogers-Libert and Mayor Snyder voting yes. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 4, 2000 Commission meeting, April 18, 2000 Special Meeting and April 18, 2000 Commission Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 2 CONSENT AGENDA: Commissioner Cohen requested removal of items 7A & 7F, Commissioner Beskin requested removal of item 7D, Commissioner Berger requested removal of item 7E and Commissioner Rogers-Libert requested removal of item 7B, all from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Perlow, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: C. Resolution No. 2000-26 was adopted as follows: A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN AGREEMENT BETWEEN THE CITY OF AVENTURA AND WALLACE ROBERTS TODD, ATTACHED HERETO, FOR CONSULTING SERVICES IN THE PREPARATION OF A CONCEPTUAL PLAN AND ECONOMIC FEASIBILITY ANALYSES FOR THE LOEHMANN'S PLAZA/THUNDER ALLEY DISTRICT REDEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: A. Mr. Weiss read the following motion: MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 00-04-18-3 COUNTRY CLUB DRIVE SAFETY IMPROVEMENTS AND AUTHORIZING THE CITY TO NEGOTIATE WITH THE LOW BIDDER AND TO PRESENT THE CONTRACT FOR COMMISSION APPROVAL. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. A substitute motion to award the bid to the sole bidder, subject to negotiation of bid amount by City Manager and subsequent Commission approval was offered by Vice Mayor Perlow, seconded by Commissioner Berger and passed 6-1, with Commissioner Cohen voting no. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING ITS CONCERN REGARDING RAILROAD SAFETY, SUPPORTING RAILWATCH IN ITS EFFORTS OF PUBLIC EDUCATION ABOUT RAILROAD SAFETY; AND PROVIDING AN EFFECTIVE DATE. 3 A motion for approval was offered by Commissioner Berger and seconded by Vice Mayor Perlow. An amendment to delete that portion of Section 2 authorizing use of the City's name by Railwatch was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg A substitute amendment was offered by Commissioner Berger, seconded by Vice Mayor Perlow and unanimously passed to delete "and joins Railwatch" from Section 2~ The motion for approval, as amended, passed unanimously and Resolution No. 2000-27 was adopted. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE STATE LEGISLATURE TO CONTINUE AUTOMOBILE EMISSIONS TESTING PROGRAM FOR VEHICLES 4 YEARS AND OLDER AND TRUCKS, BUSES AND OTHER VEHICLES NOT PRESENTLY INCLUDED IN THE PROGRAM OR, IN THE ALTERNATIVE, TO DISCONTINUE THE PROGRAM IN ITS ENTIRETY; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Perlow and seconded by Commissioner Holzberg. An amendment to strike all references to discontinuation of the program in its entirety was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. A substitute amendment was offered by Vice Mayor Perlow and seconded by Commissioner Rogers- Libert to amend Section 1 to add "the inclusion of' before "trucks, buses and ..... and delete all references to discontinuation of the program entirely. The amendment passed. A motion to defer this matter to the next Workshop meeting was offered by Commissioner Cohen and seconded by Mayor Snyder. The motion failed. The motion for approval of the Resolution, as amended, passed unanimously and Resolution No. 2000-28 was adopted. E. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THE MIAMI-DADE COUNTY COMMISSION AND PUBLIC WORKS DEPARTMENT INSTALL AN EAST LEFT TURN SIGNAL AT THE INTERSECTION OF NE 34TM AVENUE AND COUNTRY CLUB DRIVE TO ADDRESS CRITICAL TRAFFIC SAFETY CONCERNS; AND PROVIDING AN EFFECTIVE DATE A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Perlow. An amendment was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously passed to clarify that 4 this is for northbound drivers. A motion was offered by Vice Mayor Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to include a Whereas clause in the Resolution, subject to provision of documentation, that this request is to re-install a previously existing signal not replaced after Hurricane Andrew and to clarify Country Club Drive as North Country Club Drive. The motion for approval, as amended, passed unanimously and Resolution No, 2000-29 was adopted. F. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING THE ACQUISITION OF A CERTAIN 3.9+ ACRE PARCEL OF VACANT PROPERTY LOCATED AT THE SOUTH SIDE OF NE 188TM STREET WEST OF DUMBFOUNDLING BAY AND EAST OF U.S.1 IN AVENTURA, FLORIDA TO BE A PUBLIC NECESSITY IN ORDER TO PROVIDE FOR A PROPOSED CITY OF AVENTURA PARK FACILITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Berger. A motion to defer this matter until completion of title research, Cultural Center study and Town Center study was offered by Commissioner Cohen and seconded by Vice Mayor Perlow. The motion for deferral passed 5-2, with Commissioners Beskin and Berger voting no. PUBLIC HEARINGS: ORDINANCES- FIRST READING: None PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. 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 99-09, BY AMENDING CHAPTER 9 - SIGN REGULATIONS, SECTION 901.7(b) CONCERNING WALL SIGNS ON OFFICE AND HOTEL BUILDINGS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing, Thero being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2000-11 was enacted. 5 Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION;" ARTICLE III "ADVISORY BOARDS," BY AMENDING DIVISION 2 "BEAUTIFICATION ADVISORY BOARD," BY AMENDING PARAGRAPH (B) OF SECTION 2-124 "RULES OF PROCEDURE; OFFICERS; VOTING," AND DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD," BY AMENDING PARAGRAPH (B) OF SECTION 2-154 "RULES OF PROCEDURE; OFFICERS; VOTING" TO CLARIFY THAT EACH BOARD SHALL ANNUALLY ELECT A CHAIRMAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Berger. Mayor Snyder opened the public hearing, There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2000-12 was enacted. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE (THE "CODE") BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V, "CODE ENFORCEMENT," SECTION 2-339 OF THE CODE, "CONTENTS AND SERVICE OF WARNING," AND SECTION 2-340 OF THE CODE, "CONTENTS AND SERVICE OF NOTICE," PROVIDING FOR SERVICE TO COMMERCIAL PREMISES AND PROVIDING A PROCEDURE FOR NOTICE OF TRANSFER OF PROPERTY SUBJECT TO CODE ENFORCEMENT PROCEEDINGS; AMENDING SECTION 2-343 OF THE CODE, "PENALTIES FOR VIOLATIONS, CONTINUING VIOLATIONS, AND REPEAT VIOLATIONS," PROVIDING FOR A FINE OF UP TO $5,000 FOR IRREPARABLE VIOLATIONS; PROVIDING THAT THE CITY MAY CORRECT OR REPAIR A VIOLATION THAT PRESENTS A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE; AUTHORIZING THE CITY TO CHARGE THE VIOLATOR WITH THE COSTS OF REPAIRS; AMENDING SECTION 2-344 OF THE CODE, "RECOVERY OF UNPAID PENALTIES; UNPAID PENALTY TO CONSTITUTE LIEN; FORECLOSURE OF LIEN," PROVIDING THAT THE CITY MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY JUDGMENT; AMENDING SECTION 2-346 OF THE CODE, 6 10. 11. 12. 13. 14. "PROVISIONS OF ARTICLE SUPPLEMENTAL," PROVIDING THAT THE PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL AND CUMULATIVE TO ALL OTHERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2000-13 was enacted. RESOLUTIONS: None. OTHER BUSINESS: DISCUSSION AND POSSIBLE MOTION TO CONSIDER E-COMMERCE RESOLUTION (Commissioner Rogers-Libert) A motion to address this matter at the May Workshop meeting was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously passed. REPORTS: As presented. PUBLIC COMMENTS: Mr. Platnick; Leonard Sklar, 3401 N Country Club Drive; Sanford Bosman, Hidden Bay unit owner; and Sam Levine, Hidden Bay unit owner. 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 10 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2000. 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. 7 ufa MINUTES CITY COMMISSION MEETING TUESDAY, MAY 23, 2000 9 AM Aventura Government Cenh~r 2999 NE 191~' Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Hoizberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. CALL TO ORDER 2. RESOLUTIONS: A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/ CONTRACT FOR BID NO. 00-02-28-3, ELECTRICAL SECURITY SYSTEM FOR AVENTURA GOVERNMENT CENTER TO ADVANCED SECURITY SYSTEM INTEGRATORS IN THE AMOUNT OF $162,777; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Berger. The motion for approval passed unanimously and Resolution No. 2000-30 was adopted. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN CONTRACT FOR BID NO. 00-04-18- 3, COUNTRY CLUB DRIVE SAFETY IMPROVEMENTS BETWEEN THE CITY OF AVENTURA AND DAVCO ELECTRICAL CONTRACTORS CORPORATION AT THE RE- NEGOTIATED PRICE OF $664,000 AND SUBJECT TO ATTACHED CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. The motion for approval passed unanimously and Resolution No. 2000-31 was adopted. ADJOURNMENT: There being no further business to come before the Commission, the meeting adjourned at 9:17 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 Av ntC MINUTES COMMISSION WORKSHOP MEETING TUESDAY, MAY 23, 2000 9 AM Aventura Government Center 2999 NE 191,t Street ~,500 Aventura, Florida 33180 The meeting was called to order at 9:17 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. CULTURAL CENTER REPORT: Representatives of R J Heisenbottle & Associates provided a slide presentation and reviewed the results of the feasibility study they conducted which recommended a facility in the approximate size capacity of 300- 500 to provide for music, dance, theater, community, educational, catering and multi- media facilities. Summarization by City Manager: Consensus of Commission to defer this matter for further discussion at a visioning session to be conducted during the month of June. 3. E COMMERCE EQUITY RESOLUTION: Commissioner Rogers-Libert requested Commission approval that she, as League representative, be able to discuss this issue with the City Manager when Commission meeting is not scheduled prior to action needing to be taken. Summarization by City Manager: No opposition to Commissioner Rogers-Libert's request. 4. CITIZEN OF EXCELLENCE AWARD GUIDELINES: City Manager provided guidelines for Citizen of Excellence recognition award. Summarization by City Manager: Consensus of Commission to proceed with guidelines as proposed. 2. CAPITAL IMPROVEMENT PROGRAM 2000-2005: Mr. Soroka provided a PowerPoint presentation outlining the major accomplishments of the ClP to date and the proposed 5-year program. Summarization by City Manager: Consensus of Commission to proceed with the proposed program, to be formally approved at next Commission meeting. 5. RULES COMMITTEE (Commissioner Beskin): Minutes of this Committee were provided to Commission and discussed by Commissioner Beskin. Summarization by City Manager: Consensus of Commission to proceed with recommendations of sub-Committee and amend present Resolution to switch order of Agenda items 9 (Public Comments) and 10 (Other Business). DONATION AND NAMING POLICY: Mr. Soroka presented a draft resolution for Commission discussion. Summarization by City Mana.qer: Consensus of Committee to simplify resolution to eliminate Committee and provide for Commission only approval and minimum donation of $25,000. 10. BOARD REPORTS: Janet Laine, Chair of Recreation and Cultural Arts Advisory Board, reported on status of this Board's discussions and recommendations. Summarization by City Mana.qer: Consensus that the Commission review plans for the events for July 4th and Founders Day/Ball. RAILROAD CROSSINGS (Commissioner Ber,qer): Commissioner Berger provided suggested comments to the Federal Railroad Administration's draft Environmental Impact Statement and Notice of Proposed Rulemaking. Summarization by City Mana,qer: Consensus of Commission to approve paragraphs 1 and 2 and amend 3 to provide that horns be adapted to new technology. 8. LEAGUE OF CITIES REPORT (Commissioner Ro.qers-Libert): Deferred to June Commission meeting. 9. CITY MANAGER REVIEW: Consensus of Commission to increase salary of City Manager to $130,000 and provide a bonus in the amount of $12,500.00. 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, 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 OF AVENTURA TO: FROM: DATE: SUBJECT: OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~ Eric M. Soroka, Ci~an~ ~ May 30, 2000 Heart Safe Community Resolution June 6, 2000 City Commission Meeting Agenda Item Attached please find the subject Resolution as requested at the April 2000 Commission Workshop Meeting. EMS/aca Attachment CC0883-00 RESOLUTION NO. 2000-._. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING, ENDORSING AND URGING ITS RESIDENTS, BUSINESSES AND COMMUNITY ENTITIES TO INCREASE THEIR KNOWLEDGE AND EDUCATION REGARDING THE SIGNS AND SYMPTOMS OF CARDIAC ARREST AND STROKE, AND URGES THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS WITHIN THE CITY OF AVENTURA IN ORDER TO BE DESIGNATED AS A HEART SAFE COMMUNITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, each year, more than 250,000 Americans fall victim to sudden cardiac death/arrest ("SCA"), lives that might have been spared if more people were trained in Cardio Pulmonary Resuscitation, a simple and easily learned emergency procedure that can save the life of a person whose breathing and/or whose heartbeat has suddenly stopped; and WHEREAS, victims can become survivors if a sequence of events called the "Chain of Survival", which includes early access to emergency medical systems, early CPR, early defibrillation, and early advanced cardiac life support/care, occurs quickly; and WHEREAS, the City of Aventura supports, recommends, and endorses that its residents, businesses and community entities achieve a higher level of understanding and education regarding the signs and symptoms of SCA and Stroke, and urges the use of Automated External Defibrillators for victims of SCA, enhancing the "Chain of Survival". Resolution No. 2000- Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura supports, endorses and recommends that its residents, businesses and community entities increase their understanding and education regarding the signs and symptoms of SCA and stroke, and urges the use of Automated External Defibrillators. Section 2. Through such support and endorsement of increased knowledge and use of Automated External Defibrillators, the City of Aventura hereby declares itself a Heart Safe Community. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of June, 2000. , who , and upon being ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK Resolution No. 2000- Page 3 APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT TO: FROM: BY: DATE: SUBJECT: MEMORANDUM CJtyCommission ~'~ / Eric M. Soroka, ~ftY~(~r/ Antonio F. Tomei, C~.al Pr~ects May 10, 2000 Manager Biscayne Boulevard FDOT Turf & Landscape Maintenance Agreement June 6, 2000 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the Maintenance Agreement with the Florida Department of Transportation (FDOT), for Biscayne Boulevard within the City limits. Background As part of the FDOT's permit approval for the installation of landscaping within the Biscayne Boulevard medians and rights-of-way, the City is required to enter into a Maintenance Agreement. The Maintenance Agreement requires the City to maintain all landscaping within the FDOT right-of-way of Biscayne Boulevard from the Oleta River bridge north to the Miami-Dade/Broward County Line. The FDOT will reimburse the City a lump sum payment of $2,169.33 per quarter for a total of $8,677.32 per year for five (5) years to perform this service. At expiration, the Agreement can be renewed if mutually agreed upon by the City and the Department. The City will complete landscape improvements throughout the entire corridor of Biscayne Boulevard within the City limits in 2002. City Commission May 10, 2000 Page 2 If you have any questions or need any additional information, please feel free to contact me. AFT Attachments RESOLUTION NO. A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR LANDSCAPE MAINTENANCE THROUGHOUT THE ENTIRE CORRIDOR OF BISCAYNE BOULEVARD WITHIN THE CITY LIMITS BY AND BE'rWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; REQUIRING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY OF AVENTURA $8,677.32 PER ANNUM FOR MAINTENANCE LANDSCAPE SERVICES TO BE PROVIDED BYTHE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION 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 to execute the attached Memorandum of Agreement by and between the City of Aventura and the Florida Department of Transportation for the City of Aventura to provide landscape maintenance services for a reimbursement amount of $8,677.32 per annum from the Florida Department of Transportation. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by adoption. The motion was seconded by vote; the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen , who moved its and upon being put to a Resolution No. Page 2 Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY JEB BUSH GOVERNOR Florida Department of Transportation District Six Maintenance Office 1000 N.W. 111 Avenue, Room 6214 Miami, Florida 33172 (305) 470-5434 'rHOMAS F. BARRY, .IR. SECRETARY May 5, 2000 Antonio F. Tomei, Capital Projects Manager City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 RE: New Fiscal Year 2000/2001 Memorandum of Agreement Contract No.: Not Yet Assigned, Turf& Landscape Maintenance Fin Job No.: 40733417201 County : Miami-Dade Dear Mr. Tomei: The Department desires to enter into a new turf and landscape agreement with the City of Aventura. This agreement is for a period of five (5) years with an expected funding of $43,386.60. The annual appropriation is $8,677.32 and it will be provided by the Department in accordance with Section 287.0582, F.S. Under this agreement the City of Aventura would take over the maintenance of State Road 5 (Biscayne Boulevard), from the Oleta River bridge north to the Miami-Dade/Broward County Line beginning on July l~t, 2000. The maintenance responsibilities are outlined in the agreement but partly consist of mowing, litter removal and edging and sweeping work. If the City also desires to enter into this new agreement, please execute the four (4) enclosed agreements and return to me by Friday, June 9th, 2000 or sooner if possible. Please leave the date space blank on all four documents. If you have any questions concerning the agreement, please contact me at telephone number (305) 470-5434. Sincerely, Arnaldo Fernandez, Jr. Assistant Maintenance Contracts Engineer cc: File www.dot.state.fl.us 1~ RECYCLED ~APER DEPARTMENT OF TRANSPORTATION TURF AND LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF AVENTURA This AGREEMENT, entered into this day of , 20 , by and between the STATE OF FLORIDA, Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF AVENTURA, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, herein after called the CITY. WITNESSETH WHEREAS, as a part of the continual updating of the State of Florida Highway System, the DEPARTMENT for the purpose of safety has created roadside areas and median strips on that part of the State Highway System described by Attachment "A", which by reference hereto shall become a part hereof, within the corporate limits of the CITY and WHEREAS, the CiTY hereto is strips and roadside areas shall various flora; and of the opinion that said median be attractively landscaped with WHEREAS, the parties hereto mutually entering into an agreement designating responsibilities of each party; and recognize the need for and setting forth the WHEREAS, the CITY by Resolution' No. dated , attached hereto as Attachment "C", which by reference hereto shall become a part hereof, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. CITY'S MAINTENANCE RESPONSIBILITY The CITY shall be responsible for the maintenance of all landscaped and/or turfed areas within the DEPARTMENT'S right- of-way having the limits described by Attachment "A". The CITY OF AYq~NTL~ 5YR MOA 1 4 o CITY shall be responsible for performing the work described below with a minimum frequency of twelve (12) times per year: 1,1. Mow, cut and/or tzzm and edge the grass or turf in accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program". 102o Properly prune all plants which includes plant and tree trimmings in accordance with the latest edition of the "Maintenance Rating Program". Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. 1.3. Remove and dispose dead, diseased or otherwise deteriorated plants. 1.4. Keep litter removed from roadside and median strips. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by (1.1) through (1.4) inclusively as described above. WORK SCHEDULE The CITY shall submit a schedule to the DEPARTMENT containing the dates of when the CITY is planning to perform the mowing work. in addition, before the CITY starts the work, the DEPARTMENT shall be notified via fax of the state, road(s) and day(s) in which the CITY will be working. The fax shall be sent to the attention of the "North Dade Maintenance Engineer", at fax number (305) 650-0067. NATURAL DISASTERS The CITY shall not be responsible for the clean-up, removal and disposal of debris from the DEPARTMENT'S right of way having limits described by Attachment "A", or subsequent amended limits mutually agreed to in writing by both parties following a natural disaster (i.e. hurricane, tornados, etc.). However, the cost of any cycle or part thereof that could be impaired by any such event may be deducted from the payment to the CITY. MAINTENAI~CE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DISTRICT CITY OF AVENTURA 5YK MOA 2 MAINTENANCE ENGINEER that the CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant tc the terms of this AGREEMENT, said DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of the CITY MANAGER, to place said CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: Maintain the median or roadside area declared deficient with DEPARTMENT and/or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or 4.2. Terminate this AGREEMENT. NOTICES Ail notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest lllth Avenue, 'Room 6214 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To CITY: City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 Attention: City Manager' LANDSCAPE MODIFICATION It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as found necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. 7. METHOD OF COMPENSATION In accordance with req~irements of Section 287.058(1) (d), Florida Statutes, the DEPARTMENT agrees to pay the CITY quarterly (each three month period) compensation for the cost of maintenance as described under Subitems (1.1) through (i.5). The lump sum payment will be in the amount of $2,169.33 dollars per quarter for a total appropriation of $8,677.32 dollars per year. In accordance with Section 287.058(1) (a), Florida Statutes, the CITY shall submit the quarterly invoice/bill in detail sufficient for proper preaudit and postaudit thereof. VENDOR RIGHTS Section 215.422(5), Florida Statutes, requires the Department to include a statement of vendor (Contractor) rights. Contractors are hereby advised of the following: Contractors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has 5 working days to inspect and approve the goods and services, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or ~ervices are received, inspected and approved, by the Department of Transportation. If a payment is not made within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1) Florida Statutes will be due and payable, in addition to the invoice amount, to the Contractor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department of Transportation. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include CITY OF AVENTURA 5YR MOA 4 acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the State Comptroller's Hotline, 1-800-848-3792. PAYMENT ADJUSTMENT In the event temporary work by the DEPARTMENT forces or by other Contractors temporarily prevent the CITY from performing the work described in this AGREEMENT, the DEPARTMENT shall deduct from the lump sum payment the acreage of the affected area and only compensate the CITY for the actual work it performs. The DEPARTMENT shall initiate this procedure only if the temporary work described in this section is for a period of one (1) month or longer. Adjustment to the CITY'S payment shall also be done as noted in Item Three (3). In the event this AGREEMENT is terminated as established by Item Ten (10) herein, no payment will be prorated for the quarter in which termination occurs for the work that has been completed. 10. TERMINATION This AGREEMENT or part thereof is subject to termination under any one of the following conditions: 10.1. 10.2. In the event the DEPARTMENT exercises the option identified by Item Four (4) of this AGREEMENT. 10.3 . As mutually agreed to by both parties. 11. TERMS In accordance with Section 287.058(1) (c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. 11.1. The terms of this AGREEMENT shall only commence when the DEPARTMENT issues the CITY the Notice To Proceed Letter. 12. 11.2. In accordance with Section 287.058(1) (e), Florida Statutes, this AGREEMENT is for a period of five (5) years begznning on the date stated in the Notice To Proceed letter. 11.3. In accordance with Section 287.0582, Florida Statutes; ~'The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature." To comply with Section 287.0582, F.S., the Department shall only appropriate the annual amount of $8,677.32 at the beginning of each Department Fiscal Year. The expected AGREEMENT appropriation over the five (5) year AGREEMENT period will be $43,386.60. RENEWAL In accordance with Section 287.058(1) (f), Florida Statutes, this AGREEMENT may be renewed on a yearly basis for a maximum of two (2) years after the initial contract or for a period no longer than the term of the original contract, whichever period is longer, only if mutually agreed to in writing by the DEPARTMENT and the CITY, subject to the same terms and conditions set forth in this AGREEMENT, and said renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. 13. ATTACH~4ENT "A" AMENDMENT It is further understood that Attachment "A" may be amended or changed at any time, as mutually agreed to in writing by both parties. Payment as specified in Item Seven(7) above shall reflect such amendment or change. 14. TIME EXTENSION In accordance with Section 287.012(10), Florida Statutes, this AGREEMENT may be extended if mutually agreed to in writing by both parties, for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this AGREEMENT; provided the DEPARTMENT may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this AGREEMENT. CITY OF AVENTLrR~ 5YR MOA 6 15. ADDITIONAL LA/~DSCAPING The CITY limits of document, may construct additional landscaping within the the right-of-ways identified as a result of this subject to the following conditions: 15.1. Plans for any new landscaping shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from said plans without written approval by the DEPARTMENT. 15.2. Ail landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; 15.3. Ail requirements and terms established by this AGREEMENT shall also apply to any additional landscaping installed under this item; 15.4. The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT'S standard permit provided as Attachment "B" (not to actual size) to this AGREEMENT with by reference hereto shall be a part of hereof; 15.5. No change will be made in the payment terms established under Item Seven (7) of this AGREEMENT due to any increase in cost to the CITY resulting from the installation and maintenance of landscaping added under this item; 15.6. In the event this AGREEMENT is terminated as established under Item Ten (10) herein, the CITY agrees to accept full responsibility for all maintenance within the entire aree(s) defined by plans and permits defined and established as a result of this item. The CITY shall provide this maintenance at no cost to the DEPARTMENT. 16. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are not other agreements and understanding, oral or written reference to the subject matter hereof that are not merged herein and superseded hereby. 17. This AGREEMENT is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. CITY OF AVENIIJRA 5YR MOA 7 18. 19. This AGREEMENT, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. Nothing in this AGREEMENT shall be construed to violate the provisions of Section 339.135(6) (a), of the Florida Statutes (1997), which provides as follows: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of a contract for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are of an amount in excess of $25,000 and which have a term for a period of more than one year. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. LANDSCAPING AGREEMENT WITH THE CITY OF AVENTURA. CITY OF AVENTUP~A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: City Manager District Secretary ATTEST: City Clerk (Seal) ATTEST: Executive Secretary APPROVED AS TO LEGAL FORM: BY: City Attorney BY: District General Counsel CITY OF AVENTLrp~A 5YR MOA 9 ATTACtIMENT "A" Below is the state roads, areas to be maintained AGREEMENT. the limits, by the City length and acreage of the of Aventura under this ROAD NAME FROM: TO: (MILES) ACREAGE 5 Biscayne Blvd Oleta River Miami-Dade/ Broward County Line 2.480 2.090 Total = 2.480 2.090 CITY OF AVEN/UKA 5YR MOA ] 0 ATTACHMENT "B " District Six 6/9S STATE OF FLORIDA DEpARTMeNT OF TRANSPORTATION SPECIAL pERMIT DATE: PERMIT NO.: SECTION NO: STATE ROAD NO.: COLrNTy: MILEPOST FROM: STATE PROJECT NO. : {if applicable) RECORD NO.: TO: ADDRESS: TELEPHONE NO.: Applicant reques%s permission from the State of Florida Department of Transportation, hereinafter called the Department, to construct, operate, and maintain the facility shown in the accompanying engineering as described here: Location of Const~ c~ion, Street Name, and Nearest Intersection: Is the proposed work within the corporate limits of a municipality; Yes ( ) No ( Name of municipality: Local Government Contact: Prior to filing this application, the location of all existing utilities, both aerial and underground, has been ascertained, and the accBrate locations are shown on the drawings (as applicable). A letter of notification was mailed on -- to the following utilities/municipalities: It is expressly stipulated that this peri, it is a license for permissive use only and that the construction within and/or upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. Whenever it is determined by the Department that it is necessary for the construction, repai~, improvement, maintenance, safe and/or efficient operation, alteration, or relocation of any or all portion of said highway and/or transportation facility; the Permittee shall immediately remove any and all installed facilities from said highway and/or transportation facility, or reset or!relocate thereon as required by the Department at the Permittee's expense. All work shall meet Department's Roadway and Traffic Desiqn Standards, Specifications for Road and Bridge Construction, and other applicable criteria in effect at the time of permit issuance. The work shall be performed under tbs inspection supervision of , permit/Maintenance Engineer located at , Telephone No. . This designated engineer shall be notified forty-eight (48) hours prior to the pre-construction meeting and again immediately before commencement of work. Ail material and ec~/ipment shall be subject to inspection by the designated engineer or his authorized representative. All Department property shall be restored to its original condition as far as practical in keeping with Department Specifications, and in a manner satisfactory to the Department, within thirty (30) days Of the installation of the permitted work, unless otherwise approved by the Department. A drawing covering details of this work shall be made a part of this permit. This drawing shall include plan, profile, and cross sections as appropriate, and may be required to bear the seal of a professional engineer licensed in the State of Florida. As built drawings are required: Yes ( ) NO ( The Permittee shall commence actual construction in good faith within days from the date of said permit approval and shall compete construction within days from the commencement of work unless the permittee shows good cause for delay and the Department approves an extension. NO extension beyond one {1) year from the date of issuance of this permit will be granted. This constructic~ and maintenance shall not interfere with the property and rights of a prior Permittee. Special Conditions and Instructions by the Department: It is understood a~ agreed that the rights and privileges herein set OUt are granted only to the extent of the State's right, title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in interest, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all loss, damage, cos~, or expense arising in any manner On account of the exercise or attempted exercise by CITY OF AVENTIJII~ SYR MOA 1 1 12. 13. said Permi~tee of the aforesaid rights and privileges. Dx/ring construction through Department acceptance of the permitted work, all safety re~lations of the Department shall be observed and the holder must take measures, including placement and display of safety devices, that may be necessary in order to safely conduct the public through the project area i~ accordance with the Department's current edition Of the Roadway and Traffic Desic~n Standard~, Index series 600, a~d the MaNual of Uniform Traffic Control Devices. In case of non-compliance with the Department's requirements i~ effect as of the approved date of this permit, this permit is void and the work will be brought into compliance Or removed from the right-of-way at no cost to the Department. Submitted and Agreed to by: Si~ature of Permi~tee Corporate Seal Name and Title (typed) Attested Recommended for approval: Title: Date: Approved by: District Permit Engineer or Authorized Representative ATTACHMENT "C" ATTACH CITY RESOLUTION CITY OF AVENTURA 5YR MOA 13 CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: CITY MANAGERS OFFICE MEMORANDUM City CommissionC~li~l~'~ ~/ ~ Eric M. Soroka, ~ t ~ Antonio F. Tomei,-Capi'~l, cts Manager ~:~ May 19, 2000 Bid No. 00-05-03-3, NE 34t~ Avenue Lighting Improvemen~ June 6, 2000 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 00-05-03-3, NE 34th Avenue Lighting Improvements to the lowest responsible and responsive bidder, Imperial Electric of Ft. Lauderdale for the price of $370,971.76. This project is included in the Capital Improvements Program. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on May 3, 2000. The City received five (5) bids for this project. The apparent Iow bidder, Sportslighter Electric, Inc. withdrew their bid (see attachment A). Staff has determined, based on attachment A, to declare that Imperial Electric of Ft. Lauderdale is the lowest responsible and responsive bidder. The bids submitted are as follows: 1. Sportslighter Electric, Inc. 2. Imperial Electric 3. Davco Electrical Contractors Corp. 4. Ampco Electric 5. Gilmore Electric $367,548.76 $370,971.76 $446,009.76 $479,128.72 $499,128.72 City Commission May 8, 2000 Page Two This bid price provides for the purchasing and installation of Decorative Street Lighting within the medians of NE 34th Avenue. Improvements will begin from the north side of NE 207th Street and continuing north and then east on NE 34th Avenue to the Golden Pointe Condominiums. If you have any questions or need any additional information, please feel free to contact me. Attachments 05/19/2000 12:56 i5B13331507 SPORTSLIGHTER ELECTR PAGE 01/01 (ATTACHMENT '"A") Sportslighter Electric, Inc. <.60 Business parkway, S~,te A e, Royal Palm Beach. Florida 3341 I · 561-333- ) 500 · Fa.x: 56 }-333. } 507 May 19, 2000 Glen Marcos Purchasing Technician CITY OF AVENTURA 2999 N.E. 191 Street Suite 500 Aventura, FI, 33180 Subject: Bid # 00-05-03-3 (N.E. 34 Avenue & Yacht Club Drive). Dear Mx. Marcos Sportslighter Electric Inc. will respond as follows to your fax dated May 16, 2000. You have requested clarification for the tine item marked FP&.L Service Fees in our bid schedule of values, in which we bid "no fees." 1. Per the general notes marked on sheet E-1 note # 16. (Contractor shall coordinate with FP&.L company representative for the exact location of the electrical service.) Sportslighter Electric contacted Mr. Rick Radcliff of FP&L before we submitted our bid and inquired as to what locations and costs were to be associated with these two new roadway lighting services. Ms. Radcliff explained there would be no cost or fees because these electrical sereices will tie into the existing transformers. In conversation with Mr. Radcliff today, he said only one transformer was existing and there would be a fee of $ 9000.00 Therefore our bid is non responsive. 2. We also missed the cost for the construction bond in our bid. 3. Based on the above referenced items, Sportslighter Electric would like to request a retraction of our bid on this project- Please award this contract to the second responsive bidder. Sincerely, __ . James W Hah-is, President RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 00-05-03-3, NE 34TM AVENUE LIGHTING IMPROVEMENTS, TO IMPERIAL ELECTRIC OF FORT LAUDERDALE AT THE BID PRICE OF $370,97'1.76. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 00-05-03-3, Imperial Electric of Fort Lauderdale; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Imperial Electric of Fort Lauderdale, has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 00-05-03-3, NE 34th Avenue Lighting Resolution No. Page 2 Improvements, is hereby awarded to Imperial Electric of Fort Lauderdale in the amount of $370,971.76. Section 2: City, a contract The City Manager is hereby authorized to execute, on behalf of the by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Capital- Beautification Projects Line Item No. 001-8050-541-6307~ Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by The motion was seconded by vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder , , who moved its adoption. and upon being put to a vote; the Resolution No. Page 3 PASSED AND ADOPTED this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECTION 00410 BID FOR~I THIS BID tS SUBMITTED TO: City. of Aventura 2999 NE 191 STREET, SUITE 500 Aventura, FLOR/DA 33180 3 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The Ci~ of Ax entura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated m the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S. including ~ithout limitation those dealing with the disposition of Bid Security This Bid xxill remain sub3cct to acceptance for 90 days after the day of Bid opening. BIDDER agrees to stgn and submit the Agreement ~ ith the Bonds and other documents required by the Bidding Reqmrements within ten days after the date of CitT's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BIDDER has examined copies of all the Bidding Documents and of the tbllowing Addenda(receipt of all ~t hich is hereby acknowledged) Addendum No. / Dated: ~/'~ ~ '~ {~}~} Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: lb) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulatimas that in any manner may affect cost progress, performance or furnishing of the Work. lc) BIDDER has studied carefully ail reports and drawings of subsurface conditions and drawings physical conditions. 00410-I 4 (d) (e) BIDDER has obtained and carefully' studied Ior assumes responsibility' for obtaimno and caretidIx studying) all such examinanons, mvesngzmons, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terries and condit/ons of the Corm'act Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations. in~esngations, explorations, tests, reports or similar information or data in respect of .aid Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions or' the Contract Docnments BIDDER has correlated the results of all such obser.,atmns, examinations, mvest~ganons. explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has thscovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporanon and is not submined in conformity with any agreen- ent or roles of any group, assocmnon. orgamzation, or corporation: BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited Or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place The Schedule of Values is provided for the purpose of Bid Evaluation and when ininated by the City, the pricing of change orders Contractol's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City. changes the scope of Pro3ect after the Contract Date 00410-2 .As such the Contractor shall furnish all labor, materials, eqmpment, tools superintendence anti necessary to prov de a complete in place Project for the Bid Price of: (Written Total Bid Price - From Schedule Of Values) dollars and cents LUMP SUM 5 BIDDER agrees that the work will be complete in full v, ithin the calendar days from the date stipulated in the Notice to Proceed. BIDDER: -\ddress: Telephone Facsimile Number Communications concerning this Bid shall be addressed to: :q- 7'/> 7 The terms used in this Bid which are defined in the general Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions, SUBMI ITED TIqlS DAY __._~_ !..? ~__, 20 ~ 00410-3 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT GENERAL REQUIREMENT References Section 01~27 01452 01550 01550 Quantity 1 1 1 l Description Field Engineering Material Testing Traffic Control~M.O.T. Mobilization SUBTOTAL Unit LS LS LS LS Unit Price Extended Cost References Section Quantity DEMOLITION Description Unit Unit Price Extended Cost 16050 02529 I4 1612 Removal of Median Light Poles Removal of Curb & Gutter (TyT, e "E") EA $ SUBTOTAL 00410 References Section Quantity CURB & GUTTER CONSTRUCTION Description Unit Unit Price Extended Cost 03300 1612 ConcreteCurb& Gu~er(T~e"F") SUBTOTAL $ lq 34H References Section Quantily ELECTRICAL Description Unit Unit Price Extended Cost 16050 16050 16050 16050 16050 16200 16050 16050 16050 16050 16050 8300 I200 180 2650 26 1250 I 2 32 10 I 1' Conduit LF S 1 14"Conduit LF I I 2" Conduit LF 1' w,Pull String LF Hand Holes ,' Pull Boxes EA S DirectionaI Bore LF $ FPL Se~ice Fee LS Se~ice Rack LS Twin Mounted Fixtures EA $ Single Mounted Fixtures EA Miscellaneous EA SUBTOTAL 00410-5 References Section Quantity ALLOWANCES Description Owners Allowance SUBTOTAL Unit Unit Price $ 3,191.76 Extended Cost $ 3,191.76 $ 3,191.76 00410- 6 If BIDDER Is: AN INDIVIDUAL By: doing business as: Business address: Phone No: (Individual s Name)z// Facsimile No: (SEAL) Buslnessaddress: Phone No: A PARTNERSHIP (Firm's Name) / (Gene Facsimile No: (SEAL) 00410 - 7 A CORPORATION By: By: I (Corporation Name) (State of Incorporation) (Name of Person Authorized to Sign) (T~tlcl // (Co.orate Seal) PhoneNo: ~/'[~('"']- "')"~/-'~)"~'1 FacsirmleNo: 'x'/'~/-t~U 00410-8 By: A JOINT VEN iL;RE (Name) (Address) / / / { Each joint venture / sign. 'It~e manner of signing for each individual, parmership and corporation that is a part)' to the joint '~ enture should be in the manner indicated above.) 00410-9 CERTIFICATE OF ALTHORITY (IF CORPORATION) SS: I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of )'~ ~. /1~ ,held on _/~_~")/4_,/I.,. ~'-~0, 20 __, the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated, .20~ , to the City of Aventura and this corporation and that their executmn thereof, the Secretar.,, of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation" I further certify that said resolution ts now in full force and effect. [N WITNESS WHFREOF, I ha,,e hereunto set my hand and affixed the official seal of the corporation this , of Zo,-to .20 00410- I0 CERTIFICATE OF AU FHORITY (IF PARTNERSHIP) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the / Partn~ q~~~ / a corporanon ex~snng under the laws of the State of ~ , held on 20 . the fbllowing resolution was duly passed ~5d adopted: "RESOLVED. that, , as // of the Partnership, be and is hereby authorized to execute the Bid dated, -~ 20 , to the City of Aventura and this parmership and that their execution thereof, attested by the / shall be the of/al act and deed of this Parmership." / I further certify that said resolution is no/~n full force and effect. / iN WITNESS WHEREOF, [ have h~eunto set my hand this , day of 2~ecretary: ' // (SEAL) ,/ 00410-11 CERTIFICATE OF AUI~HORITY IF JOINT VENTURE STATE OF ) / ) SS: / COU~NTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the/ / a corporation existing under the laws of the State of .~ , held on ,~-- ...... 20__, the follow.non was duly passed and adopted: RESOLVED, that. // as __ of the Joint Venture be and is hereby authorized to execute.~}ff~d, day. d,~ ,, 20__, to the City of Aventura official act and dee~/tff this Joint Venture/' I further certify that said resolution is n~y/m full force and effect. IN W[~ESS WHEREOF, I have her~nto set my hand ttf~s ,day of SecretaD: / (SEA[) END OF SECTION 00410-12 SE( TION 00420 BID NO 00-05-03 ~ N.E. 34 AVENUE & YACHT CLUB DRIVE LIGHTING PROJECT SECTION 00420 AWARD PREFERENCE FOR IDENTICAL TIE BIDS Whenewr two or more Bids which are equal with respect to price, quality, and service are received by the State or by an.,, political subdivision for the procurement of cornmodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process Established procedures for processing tie Bids will be followed if none of the tied vendors have a drag-free workplace program. In order to have a dug-free workplace program, a business shall: l/ 2~ s) 5) Publish a statement notifying employees that the unlawt~al manufacture, distribuP, on, dispensing, possession, or use ora controlled substance is prohibited in the workplace and specifying the actions that v, ill be taken against employees for violations of such prohibition. [ntbm~ employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-lYee workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (I). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and ~ ill notify the employer of any conviction of, or plea of guilty, or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occumng in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drag-free workplace through implementation of this section VEXDOR'S SIGNATURE: As the person authorized to sign the statement, i certify that this firm complies fully ,a, ith the above requirements. ~,~~ 00420-1 SECTION 00430 BID FORM SUPPLEMENTS SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list all Proposed Subcontractors to be used on this project if they arc awarded the Contract. CLASSIFICATION OF WORK NAME AND ADDRESS OF SUBCONTRACTOR M.O.T UTII,ITIES CURB & GUTTER CONCRETE (SIDEWALKS) DIRECTIONAl BORE ELE('TRi('AL TESTING LAB This is not an order END OF SECTION 00434-1 SECTION 00450 BIDDER QUALIFICATION STATEMENT The BIDDEWs response to this questionnaire wilt be utilized as part of the City's overall Bid Evaluation and Contractor selection. I. Number of similar Projects completed with a contract price in excess of $250,000.00: a) In the past 5 years On Schedule Original contract price overrun average % b) In the past 10 years On Schedule Original contract prtce overrun average % List last three (3) completed Projects with a contract price in excess of $100,000.00. Original Con~act Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Original Contract Price ,Actual Final Contract Price Project Name Dr ¢, 00450 Owner Name Owner Address Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Actual Final Contract Price Original Contract Completion Time (Days) Original Contract Completion Date __ Actual Final Contract Completion Date Original Contract Price Actual Final Con~act Price Cunent workload - Projects in excess orS100,000.00 Project Name ~ O,aner Name Contract Price 00450-2 3. The following information shall be provided for this project. a) Estimated total construction man-hours '~ ~)~) b) Percent man-hours to be performed by Contractor's permanent staff ~[~ (~{2 . c) Permanent man-hours to be performed by direct hired employees for this project d) Percent man-hours to be performed by Subcontractors [{O~ 4. The following information shall be attached to the bid. a) Contractor's home office organization chart. b) Contractor*s proposed project orgamzational chart. c/ Resumes of proposed key project personne, including on-s~te superintendent. 5 List and describe any: Bankruptcy petitions filed by or against the BIDDER or any predecessor orgam:atmns, b) Any arbitratlon's or civil or criminal proceedings or c) Suspension of contracts or debarring from bidding by any public agency brought BIDDER in the last five (5) years. againstthe 6 Governmental References: List other Governmental Agencies or Quasi-governmental agencies for which you have done business ,aithin the past five years. Contact Person: i~ 'd~ ~ 00450 - 3 Address: END OF SECTION 00450-4 SECTION 00454 NON-COLLUSION AFFIDAVIT State of (/O{(~, ) ) SS County of 6f~ ~]'~/~. ( ~ ) Il) I-teShe,They isare the ~ (Owner, (2) being first duly sworn, deposes and says that: Partner, OfficeL Representative or the BIDDER that has submitted the attached Bid: Agent) He She They is/are fully informed respecting the preparation and contents of the attached Bid and of all pertinent c~rcumstances respecting such Bid; Such Bid ~s genmne and is not a collusi,,e or sham Bid; Neither the said BIDDER nor any of its of'ricers, pampers, owners, agents, representatives, employees or parties m interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to subrmt a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work: or have tn any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, £mm, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure through any collusion, conspiracy, conmvance, or unlawful agreement any advantage against t Recipient), or any person interested in the proposed Work: (5) Une price or prices quoted in the attached Bid are fair and proper and are not tainted by' any collusion consptrao/. connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties tn interest, including this affiant. 00454-1 Signed, sealed and delivered in the presence o~ ACKNOWLEDGMENT (Title) State of Florida County o f L~e_..O On this the .~3 __ day of~ M ~cYX~ , 20 O O , before me, the undersigned Notary' Public o f The State o f Fl~personally appeared ~tfLe4tqg.( lZ~'. t'~f/d_~,,'..3q6 .............. and (Na~ne(s} of individual(s) who appeared before notary') ~* hose namel s) is, are Subscribed to the ~e~ (~e.~she they within instrument, an he he they acknov, ledge tha executed WITNESS my' hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: Az 'OTARY ~LIC, STATE OF FLORID (N ame o l l$,k~{~ghgdo k,p as Commissioned ) ~ersonally ~own to me, or ~ Personally identification: (Type of Identification Produced) OPTIONAL INFOILMATION: Type Of Document: Number of Signatures Notarized: ~DID take an oath, or [] DID NOT take an oath. Number of Pages: END OF SECTION 00454-2 SECTION 00456 PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287. 133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crune may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the consWaction or repair of a public building or public Work, may not submit bids on leases of real properly to a public ennty, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list" CONFLICTS OF INTEREST The award of any contract hereunder ts subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's must disclose ,.t ith their B~ds, the name of any officer, director, parmer, associate or agent who is also an officer or employee of the Cit.,, of Aventura or it's agencies 00456- SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This swQm,statement is submitted to by /~li.~] ~/Te/O/~¢ for ;7~'u~.~.~r,~ ~i~fPl',f_ a~ who~e ' ' ' ~ business t~s~ its Federal Employer Identification Number (FErn) is 9-l {gq t5 (IF the enti~ had no FErn, include the So%~e~r~ N~b~ the individual signing ~is sworn statement: ~// ~~ I understand that a "public enti~nme' as defined in Paragraph 287.133(I)(g), Florida Statutes, means a violation of any state or federal law by a person wi~ respect to and directly related to the ~ansaction of business with any public enti~ or with an agency or po tica subdivision of any o~er state or w th the Un e t States, including~ but not limited to, any Bid or ConWact for goods or se~ices to be provided to any public ennt5 or an agency or political subdivision of any other state of the Unted States and thvol~ ng ant ~st, fYaud, thet~, bribery, collusion, racketeering, conspiracy, or material m~srepresentat~on. I understand that "con'~ icted' or "conviction" as defined in Para. 287.133(1)(b), Florida Statute5, means a finding of guilt or a conviction ora public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or informanon after July I. 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Para. 287, i33(1)(a), Florida Statutes, means: A predecessor or successor of a person con*,icted of a public entit3 c rnne; or Any ennty under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling o f equipment or income among persons when not for fan: market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public ennty crime m Florida during the preceding 36 months shall be considered an affiliate, l understand that a "person" as defined in Para 287.133(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any ennty. Based on information and belief, the statement which [ have marked below is true in relation to the entity submitting this sworn statement (Indicate which statement applies,) //~ Neither the entity submitting this sworn statement, nor any' of it's officers, directors, execumes, 00456 - 2 partners, shareholders, employees, members, or agents '. i~o are active m the management of the enti~, nor an.,, affiliate of the entity has been charged with and convicted ora public entity crime subsequent to July 1, 1989. The entity submitting this sworn statetnent, or one or more of its officers, directors, execuu,,es, parmers, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, parmers, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989 However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBI.IC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND. TH,\ I THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. \[ SO t NDERSTAND THAT l AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERIN'G IN'TO A (.ON2 RACT IN EXCESS OF THE TI-fRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORID,\ ST.X. fi 'TE~, FOR CA I'EGORY TWO OF ANY, CHANGE IN THE INFORMATION CON'FAINtED IN I'HIS FORM 00456-3 (TiTle) Sworn to and subscribed before me this Personally known: k/ Or Produced Identification dayof ~ 20 O~ Notary Public - State of ~~vl~z~ My Commission Expires .i(~_j-.g.2AJjc2¢ (Type of Identification (Pnnted. ts ped. or stamped conunissioned name of notary public/ END OF SECTION 00456-4 Apr-28-O0 03:14P P.02 CITY OF AVENTUEA N.E. 34m AVENUE & YACHT CLUB DRIVE LIGHTING PROJECT (BID NO. 00-05-03-3) ADDENDUM NO. 1 April 26, 2000 BIDDERS INSTRUCTIONS: Bidders are required to acknowledge receipt of this Addendum by signing at the lower right hand portion where it states "Bidder's Name" end "Company Name". All bidders must ~ttach the addendum to their Bid. Failure to do so may cause the bid to be considered non-responsive and subject to rejection. The addendum contains the following revisions, clarifications or additional information on the Bid for N.E. 34~h Avenue & Yacht Club Drive Lighting Project #00-05-03~3. The Bid Contract and Specifications are hereby amended as follows; CLARIFICATIONS FOR THE FOLLOWING QUESTIONS: Q. Do we need specifications for root barrier? If not, we need to strike it from the bid spec's. There is no need for specifications for root barrier. We indicated in our bid specifications signage. Is signage required for this bid? If so, we need to include language that describes the technicaI specifications of those signs. There is no need for specifications on signa§e. The only signage required is listed on sheet E-6 on the plans for the logo architectural signs to be installed on light poles. Specifications are listed on sheet E-6. Where are the Curb and Gutter in the drawings? Supposedly, there are 1,600 linear feet of curb and gutter for this project. Where are the details or specifics in the plans? A. On the plans, refer to sheet E-6 as per the Curb and Gutter construction notes and also at every directional boring where it crosses the curb and gutter. Q. Warranty- What is the warranty for the electrical portion of this project? A. One Year Warranty Can we give an estimate what would be the FPL Service Fee? Bidders stated that FPL do not provide estimate costs. Estimated at $15,000.00 Bidder's Name Company Name-J-'"-- 04/28/00 16:45 TX/RX N0.5963 P.002 [] Apr-28-O0 03:15P P.03 Bidders requested to identify what is regarded as Field Engineering for this project. "field Engineering is described in our bid specifications in our booklet and bidders need to derive at their cost on the items they believe applies to this project." The tigh'~ pole d~etail on sheet E-6 shows a City of Aventura logo disc on both sides of these poles, Will the contractor provide the City of Aventura logo architectural signs for these light poles? Contractor responsible for providing City of Aventura logo signs for light po[es. There are different amounts of materials detailed in the plans, then what is listed on the bid sheet marked 00410, such as the number of pull boxes, our count equals 30 total boxes and the bid count is 26. Since this is a lump sum bid, shall we include the proper amount of materials to complete this project in the listed line items or shall we bid the exact number listed on the bid sheet marked 00410? Bid exact number on bid sheet. Under what line item can bidder include the pricing for trenching? Under line items for conduits Under what line item can bidder include the pricing for demolition and replacement of sidewalk? A separate line item with pricing shall be included for demolition and replacement of sidewalk. The quantity is 168,75 square ft. Bidder's Name/l~C Company 04/28/00 16:45 TX/RX N0.5963 P.003 [] SECTION 00432 BID BO~ID STATE OF FLOILIDA ) ) COL~NTY OF DADE ) KNOW ALL MEN BY THESE PRESENTS, that we. Imperial Electrical of Fort LauderdaleasPrmcipal, and Reliance Insurance Company ,as Surely, are held and firmly bound unto the City o f Aven~ a municipal corporation of the State of Florida in the sum o£ Five percent of amount biOlSrfllaxs (5 ..... 5Z ...... ), lawful money of the United Shares, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and 5everaiIy, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid. dated May 3. .20 00 for: N,E.34*Avenue and Yacht Club Drive Lighting Project WHEREAS. it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond i~ the amount of five percent {5%) of the Base Bid be subrmtled with. said Bid as a guarantee chat the BIDDER would, if awarded the Con~-act, enter into a written Contract with the Ci~ for the performance of said Contract, within ten (10) consecutive calencar days after written notice having been given of the Award of the Contract. '.~ NOW. THEREFORE. the conditions of this obligation am such that if the Principal within ten (10) consecutive calendar days after written notice o£such acceptance, enters into a written Con.act with the City of Aventura and furnishes the Performar, ce and Paymunt Bond~, satisfactory to the City, each in an mount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obhgation shall he void; otherwise the sum herein stated shall be due and payable to the City o f Aventura and the Surety herein agrees to pay said sum mediately, upon demand o f the City. in good and lawful money orthe United S hates of America, .,,as liquidated damages for failure thereof of ~aid Principal. 00432- 1 IN WITNESS WHEREOF, the above boaded parties have executed this instrument under thetr several seals this 24 th day of April ,20 O0 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. ~L~g~SENCE,O~ ~ ' Im~e~i~lect~al of Fort Lauderdale,Inc. ~ (Individual ~r Parmer~hip Principal) 966 ~ 51st Street, (Busmess Address) Fort Lauderdaie, FL 33309 (City/State/Zip) (95/4 ) 771-8080 (Business Phone) ATTEST: As per attached power of So:relary attorney *Impress Corporate Seal Reliance INsurance Company By: ( ~/~C~ Brett Rosenhaus, Attorney in fact & Florida Resident Agent IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current List (circular $70 aa amended) and be authorized to transact busmess in the State of Florida. END OF SECTION ' t 00432 - 2 RELIANCE SURETY COMPANY RELIANCE INS['RANCE COMPAN~ lrNITED PACIFIC INSURANCE COMI)ANY RELIANCE NATIONAL INDE.~ITY COMPAN~ ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATYORNEY KNOW ALL MEN BY THESE PRESENTS that RELIANCE SURETY COMPANY ~s a corporation duly organized under the laws et the State o~ De~ aware and that RELIANCE NSURANCE COMPANY and uNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the of the Cammonwealth of Pennsyfvama and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the Slate of Wisconsin ,here~n collectively called "the Companies") and that the Compames by wrtue of signature and seals do hereby make This Power of Attorney *s granted under aaa by the authority of Article VII of the By Laws of RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY 1998, RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY STATE OF Pennsylvama COUNTY OF Philadelphia } ss. On tl~s. December ~, 1998. before me, Vale~la Wort)~am, personally appeared David T. Akers, who acknowledged himself to be the Senior V~ce ' P es dent of the Reliance Surety Company and the Vice President of Re ence nsurance Company, United Pacific Insurance Company, and Re ance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose thereto contained by signing the name of the corporet on by himself as its duly authorized officer. in wtmess whereof hereunto set my hand and official seal. Notarial Seal '~ Notary Public in and for the State of Pennsylvania Residing at Philadelphia Anita Zlppert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and F~ELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is still in full force and effect. IN WITNESS WHEREOF, have hereunto set my hand and affixed the seals of said Companies this 2/~l~y of~,[ ~)~3~], ~000 Secretary '/] ] / v~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER TO: FROM: DATE: SUBJECT: MEMORANDUM CityCommission ~--~ \ Eric M. Soroka, ~M/~glr May 23, 2000 ~ ~[ Resolution Providing~3id~' lines for Naming Acceptance of Monetary Donations of Public Facilities and June 6, 2000 City Commission Meeting Agenda Item ,.~ Attached hereto, please find the subject Resolution revised in accordance with the City Commission's direction at the May Workshop Meeting. EMS/aca Attachment CC0882-00 RESOLUTION NO. 2000-.__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING GUIDELINES FOR NAMING OF PUBLIC FACILITIES; PROVIDING DEFINITIONS; PROVIDING GUIDELINES FOR ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION FOR THE NAMING OF PUBLIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura has received requests for the acceptance of monetary donations for memorial purposes and naming of public facilities within the City of Aventura; and WHEREAS, this Commission desires to set forth guidelines for naming of public facilities and for the acceptance of monetary donations in consideration for said naming of public facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. No public facility located in or owned by the City shall be named except in accordance with the procedures set forth in this Resolution. No monument or memorial shall be established within the City except in accordance with the procedures set forth in this Resolution. Section 2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commission means the City Commission of the City of Aventura. Resolution No. 2000- Page 2 Memodal means a site, art work, tree or structure created to preserve the memory of a significant event(s) or person(s). Monument means a bust, sculpture, or similar structure, erected in honor of a significant event(s) or person(s). Plaza means an open public square. Public facility means any public building, plaza or park owned by the City. Section 3. Review and Recommendation, Whenever a name is needed for a new public facility or whenever there is a proposal to rename an existing public facility within or owned by the City, the naming or renaming shall first be considered and reviewed by the Commission according to the following procedures: (1) Any person, organization, association, corporation or other entity, including a member of the City Commission or the administration of the City, may propose a name for a new public facility or street, or may propose renaming an existing public facility, at any time, by submitting a proposed name to the Commission. (2) At the next available meeting, the Commission shall consider and review proposals for the naming or renaming of the public facility. Notice of the meeting shall be given to all persons who have proposed names for the public facility. (3) Public streets shall not be renamed after individuals. Section 4, Monuments or memorials. Whenever there is a proposal to establish a monument or memorial on public property in the City, the establishment shall first be considered and reviewed by the Commission according to the following procedures: Resolution No. 2000- Page 3 (1) Any person, organization, association, corporation or other entity, including a member of the City Commission or the administration of the City, may propose the establishment of a monument or memorial at any time by submitting a proposal to the office of the City Manager. (2) At the next available meeting, the Commission shall conduct a public hearing to consider and review proposals for the establishment of the monument or memorial. Notice of the meeting shall be given to all persons who have proposed the establishment of the monument or memorial. (3) The City Manager shall recommend park and/or facility improvements that may be funded from monetary donations in consideration of recognizing individuals to be memorialized. (4) At the close of the public hearing the City Commission may select a name for or rename the subject public facility, plaza, monument or memorial. (5) Any proposal must be approved by a five-sevenths vote of the City Commission. Section $, Acceptance of monetary donations in consideration for the naming or construction of public facilities. Whenever there is a proposal to rename an existing public facility owned by the City in consideration for monetary donations, or construction of a new facility by utilizing monetary donations, the item Resolution No. 2000- Page 4 shall first be considered and reviewed by the Commission according to the following procedures: (1) (2) (3) (4) (5) (6) Any person, organization, association, corporation or other entity may offer a monetary donation in excess of $25,000, in consideration for renaming an existing public facility or for constructing park improvements or facilities, at any time, by submitting a proposal to the office of the City Manager At the next available meeting, the Commission shall hold a public hearing to consider and review proposals. Notice of the meeting shall be given to all persons who have submitted proposals. The City Manager shall recommend park facility improvements that may be funded from monetary donations in consideration of recognizing individuals to be memorialized. Notwithstanding any other provision of this section, public facilities shall not be named after a living individual. A public facility can be named in honor of a family. A public facility will not be named after an individual who has committed an illegal act which became known to the City before or after the donation. Where a public facility is to be named, or the acceptance of money for public improvements, the City Commission shall only approve the request by a five-sevenths vote of the City Commission. Resolution No. 2000- Page 5 Section 6. This Resolution shall adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by put to a vote, the vote was as follows: become effective immediately upon its , who , and upon being Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: TO: FROM: SUBJECT: Resolution Amending Comprehensive Commission Meeting and Agenda Procedures June 6, 2000 City Commission Meeting Agenda Item 1 C Attached hereto, as per the City Commission's direction at the May Workshop Meeting, is a Resolution amending the Comprehensive Commission Meeting and Agenda Procedures to place "Public Comments" prior to "Other Business" as the order of business for Commission Meetings. EMS/aca Attachment CC0880-00 RESOLUTION NO. 2000-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-18 WHICH DID ESTABLISH COMPREHENSIVE COMMISSION MEETING AND AGENDA PROCEDURES BY AMENDING SECTION 2 C. "ORDER OF BUSINESS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 96-18, the City Commission established comprehensive Commission meeting and agenda procedures; and WHEREAS, the City Commission has deemed it necessary to amend the agenda procedures established by Resolution 96-18. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 2 c. of Resolution 96-18 is hereby amended to read as follows: c. ORDER OF BUSINESS The order of business of the City Co'--'ncil Commission at the regular meetings shall be as follows: (1) (2) (3) (3)(4) (4)(5) (5)(6) (7)(8) (8)(9) (9;(10) (! 0)(11 ) (! ! )(12) Call to Order/Roll Call Pledge of Allegiance Zoning Hearings Approval of Minutes Special Presentations Consent Agenda Public Hearings - Ordinance , , . Resolutions Reports ~ Public Comments ~ Other Business Adjournment Resolution No. 2000-~ Page 2 Section 2. This Resolution shall become effective immediately 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: upon its Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of June, 2000. ATTEST: Arthur I. Snyder, Mayor Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney June 6, 2000 City Commission Meeting Agenda Item 7F EXHIBIT "A" CITY MANAGER'S PERFORMANCE EVALUATION PACKAGE - as reviewed at the May Commission Workshop Meeting: · Salary Increase to $130,000 · $12,500 Bonus Effective June 1, 2000 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Eric M. Soroka~ty,~ff'aglr ~o3m0 'm2~atio n- Wok~k Authorization Design Services for Biscayne (7) Phase Portion of FEC Landscape Buffer No. 00-218-A Professional III & IV and Pertaining June 6, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. 00-218-A for Professional Design Services for the design of Biscayne (7) Phase III and IV and Landscape Buffer to O'Leary Design Associates, P.A. for the amount of $85,475.00. Although this project is included in the 2001/02 fiscal year, the preparation and bid of the project ahead of schedule will allow the City to obtain larger trees for installation along the project. BACKGROUND The project is to be designed in accordance with the City's Capital Improvement Program and the landscaping and beautification concepts approved by the City Commission. The cost includes landscaping and electrical design work. The area of work is on Biscayne Boulevard from Aventura Boulevard to north of Ives Dairy Road. The proposed budget is $1,700,000. If you have any questions or need any additional information, please feel free to contact me. EMS/aca Attachment CC0885-00 RESOLUTION NO. 2000-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 00-218-A FOR PROFESSIONAL DESIGN SERVICES FOR BISCAYNE (7) PHASE III AND IV AND PERTAINING PORTION OF FEC LANDSCAPE BUFFER BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A.; 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 Work Authorization No. 00-218-A ($85,475.00) for professional design services by and between the City and O'Leary Design Associates, P.A. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Resolution No. 2000-__ Page 2 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Hoizberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT 'A' WORK AUTHORIZATION NO. 00-218-A LANDSCAPE DEVELOPMENT - BISCAYNE SEVEN SR5/BISCAYNE BOULEVARD AVENTURA BOULEVARD TO IVES DAIRY ROAD FOR AVENTURA, FLORIDA SCOPE OF CONSULTING SERVICES BETWEEN THE CITY OF AVENTURA, FLORIDA AND O'LEARY DESIGN ASSOCIATES, PA MAY 17, 2000 EXHIBIT 'A' WORK AUTHORIZATION NO. 00-218-A LANDSCAPE DEVELOPMENT - BISCAYNE SEVEN SR5/BISCAYNE BOULEVARD AVENTURA BOULEVARD TO IVES DAIRY ROAD FOR AVENTURA, FLORIDA PREAMBLE SCOPE OF CONSULTING SERVICES The Consultant proposes to provide professional services associated with the preparation of landscape plans for the City of Aventura. i) Preparation of Construction Plans and Bid Documents. The Consultant will prepare detailed construction plans and bid documents to include landscaping and irrigation. These services will include coordination with the Florida Department of Transportation and the Florida East Coast Railroad. The Consultant will include in the contract, the services of Bailey Engineering Consultants, Electrical Engineers, for electrical service to irrigation controllers. The Maintenance of Traffic plans and concrete separator removal plans will be prepared by Keith and Schnars, City Engineers, and the cost of these services will be invoiced by Keith and Schnars directly to the City of Aventura. II) Bidding Phase The Consultant shall assist the City of Aventura in securing competitive bids for this project. These services will include attendance at a pre-bid conference, answering of bidders questions during Bidding Phase, issue addenda, evaluation of competitive bids, and written recommendation of successful bidders. Scope of Consulting Services Page two III) Construction Administration Phase The Consultant will administer construction of this project as follows: Attend pre-construction "kick-off" meeting. Attend all coordination meetings with City and Florida Department of Transportation Perform periodic observations during the construction process. Complete all meeting minutes and project correspondence., Review and approve contractor's shop drawings and payment requisitions. Secure a permit from the Florida Department of Transportation. Complete final inspection and final punch-list and issue notice of Acceptance to contractor. Secure all warranties and operating manuals and remit to City. Prepare "as-built" plans in electronic format. DATE: MAY 17, 2000 PROJECT NO. 00-218-A O'LEARY DESIGN ASSOCIATES., P.A. 1 Landscape Architects J WAGE RATE CERTIFICATION PROJECT: LANDSCAPE DEVELOPMENT BISCAYNE SEVEN/SR5/BISCAYNE BOULEVARD AVENTURA, FLORIDA PROJECT MANAGER: WILLIAM A. O'LEARY TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES TASK HOURLY PROPOSAL CLASSIFICATION HOURS RATE DOLLARS 1. PROJECT MANAGER 421 95 $ 39,995.00 2. LANDSCAPE ARCHITECT 496 80 $ 39,680~00 TOTAL HOURS TOTAL DOLLARS $ 79,675.00 REIMBURSABLE EXPENSES EST. COST RELATED PRINT NO. SUB-CONSULTANT 'b' SUB-CONSULTANT 'C' SUB-CONSULTANT 'D' TRAVEL PRINTS/GRAPHICS/INCIDENTALS $ 2,000.00 $ 2,000.00 . $ 3,800.00 $ 3,800.00 $ 79,675.00 $ 85,475.00 A. TOTAL REIMBURSABLE EXP. DIRECT EXPENSES: SUB-CONSULTANT 'A' (ENVIRONMENTAL AUDIT) SUB-CONSULTANT 'B' ARCHITECT SUB-CONSULTANT 'C' ELECTRICA SUB-CONSULTANT 'D' GRAPHICS B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTAL BUDGET (A+B+C) PREPARED BY WAO APPROVED BY WAO 5/17/00 5/17/00 WORK AUTHORIZATION NO. 00-218-A The City of Aventura has requested Work Authorization No. 00-218-A, as provided for in the agreement between the City of Aventura and O'Leary Design Associates, P.A. and approved by the City Commission on August 20, 1996. This Work Authorization No. 00-218-A provides for Landscape Architectural services in accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services Exhibit A. Payment for such services shall be in accordance with Article 5 of the agreement. Total estimated labor expenses are ............ $79,675.00 Total estimated direct expenses are ............ $ 3,800.00 Total estimated reimbursables are .............. $ 2,000.00 O'LEARY DESIGN ASSOCIATES, P.A. WILLIAM A. O'LEARY,-FASLA ATTEST: CITY: CITY OF AVENTURA, FLORIDA through its CITY MANAGER By: City Clerk By: City Manager TERESA M. SOROKA ERIC M. SOROKA day of ,19 APPROVED AS TO FORM By: City Attorney WEISS-SEROTA-HELFMAN Notice to Proceed Yes No Project Initiation Date RECOMMENDED through its COMMUNITY SERVICES DIRECTOR By: Community Services Director ROBERT M. SHERMAN day of ,19.__ 05/16/2000 14:54 ~54-5B4-3048 PAGE May 16, 2000 Mr. William O'Leary O'Leary Design Associates, P.A. Oak Plaza Center 8525 S.W. 92'a Street, Suite C11 Miami, FL 33156 Biscayne 7 Landscaping Aventura, Florida Dear Mr. O'Leany: We are pleased to submit our revised proposal for electrical engineering services for the above project. Our services shall include the following: Design: 1. Completed tracings of drawings for the work, covering all phases of our design, in accordance with a format determined by you. 2. Final project specifications. Final cost esttmate for the work performed under this agreement. Attend meetings to answer questions relevant to our design. 4. Services during bidding. 5. Coordination with FP&L for electric service requirements. Construction: 1. Shop Drawing Review - Review and approve Shop Drawings each Contxactor is required to submit, for conformance with the design concept and compliance with the Contract Docments. Issue Clarifications ~ Issue all instructions of OWNER to Contractor(s); issue necessary interpretations and clarifications of the Contract Documents, Site Visits - Make two (2) visits to the site at periods appropriate to the various stages of construction to observe the progress arid quality of the executed work. 2101 N. ANDREWS AVENUE, SUITE 100. FORT LAUDERDALE, FLORIDA 33311 TEL: (954) 564-3111 FAX; (954) 564-3040 WEB; www,baileyengineering.com 05/16/2000 14:54 954-504-3040 P~GE 03 Mx. William O'Leapj Page 2 May 16, 2000 Our scope of services shall include thc design of an elcc~cal system to provide service to the proposed irrigation controllers on Biscayne Boulevard. Our fee for this work shall be $3,800.00, payable as follows: 75% Complete - When Plans are 75% Complete $ 1,950.00 100% Complete - When Plans are Complete $ 650.00 Construction Services (prorated over the construction period.) $ 1,200.00 Very truly yours, Stephen E. Bailey, P.E. ACCEPTED DATE ODA~)0-001Rev.doc TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission _j~_ May 26, 2000 '~lopment Directq~ Request of Williams Island Development, Inc, for a Comprehensive Plan Amendment to change from Medium High Density Residential to Business and Office, (01-CPA-00) June 6, 2000 Local Planning Agency Agenda Item ~//~ 1't Reading June 6, 2000 City Commission Meeting Agenda Item Attached please find a letter from the applicant requesting deferral of this item. It is recommended that the City Commission defer this item at this time. The application will be readvertised if and/or when it is rescheduled. Please feel free to contact me with any questions you may have. /staff rep.s/01 -CPA-O0 WI deferral RECEIVED JUN 0 I ~00 VIA FAX May 31, 2000 Ms. B~nda ~lley Director o£ Community Developn'~nt City 0f Aventura 2999 N.E. 191 Siree~ Suite $0o Aventura, FL 33180 Re: Application of Witliarns Island Associates for Amendment to Comprehensive Plan Dear Ms. Kelley: On behalf of the applicant, this le~r will serve as our request for a deferral (Ethe above-noted applicati~ presently scheduled to be heani on lune 6, 2000. The appheam ,~uld like the opportunity ~o Eur~r meet with the rcsidcnls of Williams Island and their rcprcscntatives prior to ccosidcratic~ by the Commissionin order to atlempt to address any cc~cerns that the msidenls may have regarding fi'tis apphcatic~ Your cocperatic~ in n~g the Commission oi'this request v~uld be appreciated. ffyOu have any que~e~s regarding this matter, please f~cl free to call. Yours very lruly, Cliffoni A. Schulman CAS/cph cc: Mr. Erie $oroka Mr. Alan Matus June 6, 2000 The Mediterranean Village Mr. Eric Soroka City of Aventura 2999 N.E. 191st Strect A;entui'a, Florida 33180 Re: Application: # 01-CPA-00 / Williams Island Development, Inc. Change 5000 Island Blvd. usage from residential to Business/Office Dear Mr. Soroka, Enclosed please find a copy of the resolution adopted by the Mediterranean Village Associations regarding the above referenced application to change the Master Comprehensive Plan from residential to business {B2) for this site. Residents at large of Williams Island do not want this land usage altered and join with the residents of Mediterranean Village in protesting this ordinance change. There was a meeting on Friday, June 2nd, with unit owners of Williams Island and the Developer, where residents voiced their protest en masse. The Developer announced they have withdrawn the application for the June 6th hearing. City employees have advised residents this morning that the hearing commissioners decide whether to accept the deferral or not. The Mediterranean Village would like the deferral accepted as residents that were going to attend tonight's meeting were advised by Williams Island that the application was definately deferred. The residents want to attend any hearing on the subject. Property Manager RECEIVEF~ CITY MANAGER Mediterranean Village Condominiums No. One Association, Inc. · No. Two Association, Inc. · Master Association, Inc. 8700 Island Boulevard, Williams Island, Florida 88100 Direct Line: (1305) 987 7898 · Fax: (805) 986-$799 RESOLUTION ADOPTED BY Tf-IE MEDITERRANEAN VILLAGE MASTER ASSOCIATION, INC. MEDITERRANEAN VILLAGE CONDO NO. ONE ASSOCIATION, INC. MEDITERRANEAN VILLAGE CONDO NO. TWO ASSOCIATION, INC. DATED MAY 24, 2000 WHEREAS, the Board of Directors of the Mediterranean Village Condo No. One Association, Inc. the Mediterranean Village Condo No. Two Association, Inc. and the Mediterranean Village Master Association, Inc. considered the Williams Island developer's application to the City of Aventura requesting an ordinance of the City of Aventura, Florida, amending the Comprehensive Master Plan of the City of Aventura by amending the future land use map designation for the property located at approximately 5000 Island Boulevard from medium high density residential to business and office (B2); and WHEREAS, after considering the matter, the Board of Directors of the Mediterranean Village Associations believe that it will be detrimental to the best interests of the apartment owners in Mediterranean Village as well as cause irreparable and extensive harm to the residents of Williams Island at large, if there is a change in the Master Plan from residential to business B2 usage. NOW THEREFORE, be it resolvec that the Board of Directors of the Mediterranean Village Associations will actively oppose the application before the City of Aventura to amend the Comprehensive Master Plan for approximately 5000 Island Boulevard, from medium high density residential to business and office (B2). Adopted: May 24, 2000 Doris Suttin, President Mediterranean Village Condo No. One Assoc., Inc. Davi~dent Mediterrranean Village Condo No. Two Assoc., Inc. Master Association, Inc. Mediterranean Village Condominiums No. One Association, Inc. · No. Two Association, Inc. · Master Association, Inc. 3,700 Island Boulevard, Williams Island, Florida CITY OF AVENTURA', NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S, COMPREHENSIVE PLAN s hereb ivan that the Aventura City Commission, sitting Pub c Notice ' Y g ........ w I1 in a pub ic hear- regarding adoption of the following Ordinance: Application Number: 01-CPA-00 Appiicant: Williams island Development, inc. Loca on: Approximately 5000 island Boulevard, south of NE 183 Street, west of sand Boulevard Comprehensive Plan Designation: changeland use from Medium High Density Residential to Business and Office AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ' AMENDING THE COMPREHENSIVE MASTER pLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT I ISLAND BouLEVARD FROM VIEDlUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND pROVIDING FOR AN EFFECTIVE DATE -'-~SITE win the Local Plann ng Agency meet rig, the City mmediate[y folio ~ ..... oQ *h. novern nu body will consider rio adon on of the above described ~3rdmaoce on first and at a publi~ hea. g __i~n~ for ransm tta of theproposed amendment (~[ only reading ano.pru¥ u ~ ,~- Rt~te of Florida Department of Commun~zy Affairs. Plan is a State o Flor da required document that pro- ~ the roi owing elements: Future ment infrastructure Element, Capital Improvements Element, Land Use Ele ' - .... * R~creation E ement intergovernmental Coordination ~lement, Transportabon E ement, Urban Design Element and Economic Development Element. arin s will be held at Biscayne Medical Arts Building, 21110 Pubtic He g .... ~nl Aventura, Florida 33180 The _p. roposed B~s~cayne Boul~ ,-~n~cted bv the public at the Office of the Cl!y Clerk, Ordinance [~a~/.ue ~..~.T.T~-^ ~00 .Aventura' Florida. Interested parties may. 2999 NE 19~ btre?,~, ,o~,,X ~. ,...a ~o heard with respect to the proposee appear at ,h~Pvu)belirCsoH~,~i;hgi;c~'t'~) ;~c~ress the City (~ommi;s.~ion~;ka_nr~or Ordinance. ~ P ...... ,.~.4 to ren star with the (.~ty u e p to that item being heard. ' ' the AmeriCens with Disabi t es Act of 1990, all person.' n accordance with ,= , , -¢r~r~mndations [0 participate in who are disabled and who.n?~.. ~p~.ecJ~.a,%~;'~i~r~ntact the bfftce of the this proceeding oec ~.~ ~,.,^ ness da s prior to such City Clerk, (305) 466-8g01, not later t.,* .... bus Y proceedings. arson dec des to appeal any dec s on made by the .,Ca~?n C~2iseS'°s;n If a p ..... **~r considered at a meeting or he g, P ~ ,_ will need a recoro o~,[ne p,_u.,~_~..o~.;~,,~,.~ed nos is made, which record JUN-~*E~ 1S:]2 FROM:LEWIS M.RESS,P.A. ]05981551~6 M. R ss. T0:713 572 TOlU ce: Commissioners City Manager. June 1, 2000 VIA FAX NO. (305) ¢66-8939 City of Aventura City commission City of Aventura Local Planning Agency C/O Biscayne Medical Arts Building 21110 Biscayne Boulevard, Suite 101 Aventura, Florida 33180 Re: Application number 01-CPA-00 Applicant Williams Island Development, ATTENTION: TERESA M. SOROKA, CMC, CITY CLERK Dear Ms. Soroka, My wife and ! are residents and citizens of the City of Aventura. We live at 1000 Island Boulevard, Williams Island, Aventura, Florida, Apartment 2209 and will be away on June 6, 2000. My wife and I wish to go on record and would appreciate this lette: being read into the record with regard to the above application, which I believe seeks authorization for the use of property within the williams Island Development for a five storied o~fice building. My wife and I moved to Williams Island and expended a large sum of money for a condominium apartment with the understanding that it would be a purely residential development - and a private residential development. It would be totally inappropriate to allow commercial usage of property within the Williams Island Development. If you add up the value of the apartments in Williams Island and divide by the number o£ acres, you will find that it is one of the most expensive and exclusive residential areas in the 8tare Of Florida. It is a double gated community. I am told that there are over eighty persons employed in the security of williams Island, To allow a coramercial business and office usage of property in Williams Island would be totally in conflict with the nature, quality and high tone residential community which we presently enjoy and would in my opinion, daraage the value o~ the condominium units in addition to being an inconsistent use of the land. JUN-~-~ 15:~ FROM:LEWIS M.RESS.P.A. 50598155~6 TO:?I~ 57~ 7010 P.00~~00B If the developer is merely relocating its offices to be on a permanenn basis, then should they take down their existing offices and not replace them w~th any type of commercial usage, and providing there was a covenant running with the land, I would have no objection tO a two storied building for offices at the present location of the Island 9hoppe, with the understanding that ~his would be used solely and exclusively for the developer's offices and for no other purpose and that no Outside tenants or commercial activities would be allowed. This building could house %he same s%ore that presently exists, an office for the marina and an office ~or the developer. It would further be appropriate to establish roper controls of pedestrian traffic, since evidently outside - ...... l~nd ~roDerty in order to persons are coming on to the Wll±lams Ab : ~ ,, use ~he Island ShopDe and are walking around williams Island. Ihis creates a significant security risk, I thank you for your consideration o~ the above. LMR:yj Sincerely yourS, 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~~ Eric M. Sorokai, Ci Brenda Kelley, Communit~elopment Direct(~ May 26, 2000 Proposed Amendment to Sign Code Amortization Period for Wall Signs on Office Buildings June 6, 2000 Local Planning Agency Agenda Item L~ ~ Ist Reading June 6, 2000 City Commission Meeting Agenda Item 2"d Reading July I! , 2000 City Commission Meeting Agenda Item Attached please find the proposed amendment to the Sign Code Ordinance to provide for the following as discussed at the April 18, 2000 workshop meeting: 1. Provides for an amortization period to allow wall signs on office buildings to remain until June 7, 2003, if registered; and 2. Provides for a ninety (90) day registration period. Please feel free to contact me with any questions you may have. /staff reports/Rev to Am(xt office bldg sigl~ code ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING CHAPTER 9 "SIGN REGULATIONS;" BY AMENDING SECTION 901.11 "NON-CONFORMING SIGNS;" BY AMENDING SECTION (B) "EXCEPTION TO AMORTIZATION SCHEDULE;" BY AMENDING PARAGRAPH 3 THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF OFFICE BUILDING WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON-CONFORMING OFFICE BUILDING WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that it is necessary to amend the City's Land Development Regulations in order to provide for the expiration of the amortization and removal exemption previously providing to Office Building Wall Signs; and WHEREAS, the City Commission finds that this amendment of the Land Development Regulations will enhance the unique aesthetic character of the City; and WHEREAS, the City Commission finds that this ordinance is consistent with the Comprehensive Plan of the City. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section 1. That the City's Land Development Regulations, as previously enacted by Ordinance 99~09, are hereby amended by amending Chapter 9 "Sign Ordinance No. 2000-~ Page 2 Regulations," at Section 901.11 "Non-Conforming Signs," by amending subsection (b) "Exception To Amortization Schedule," by amending paragraph 3) thereof to read as follows: (b) Exception to amortization schedule. 3) Any of the following Non-conforming Signs that existed at the time this Section became effective (June 3, 1997) may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto: Monument Signs located in residential districts;. Residential, Hospital and Office Building Wall Signs; Flagpoles that existed at the time of the adoption of this Section (June 3, 1997). Provided, however; that the exemption from amortization and removal provided by subsection 3)(b) above shall expire as to Office Building Wall Signs on June 7, 2003, so that after such date, Non-conforming Office Building Wall Signs shall be completely removed from the premises or made to conform by June 7, 2003. Additionally, all Non-conforming Office Building Wall Signs that are not registered with the City Mana,qer, pursuant to a form that he/she shall provide, within 90 days of the effective date of this amendment to paragraph (3) of subsection (b), are prohibited, shall be removed immediately and shall not be entitled to status as lawful nonconforming signs. 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 Additions to existing text are shown by underlin~, deletions are shown by stffirctSrc::gS. 2 Ordinance No. 2000-__ Page 3 remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be 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 Commissioner , who moved its adoption on first reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder Ordinence No. 2000-__ Page 4 PASSED on first reading this 6th day of June, 2000. PASSED AND ADOPTED on second reading this 11th day of July, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA MSOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 4 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission .,.~ Eric M. Soreka, ~[y~ M(~ Brenda Kelley, Comm(~ May 29, 2000 ~velopment Direct~/~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2- 5) of the Transportation Element. (01f-CPA-99) February 1, 2000 Local Planning Agency Agenda Item 31= February 1, 2000 City Commission Meeting (1st Reading) Agenda Item 8A June 6, 2000 City Commission Meeting (2nd Reading) Agenda Item lO/~. RECOMMENDATION It is recommended that the City Commission approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. The inclusion of this designation in the existing Transportation Element at the time the Comprehensive Plan was adopted by the City was a scrivener's error. BACKGROUND At its February 1, 2000 meeting, the City Commission approved at first reading the following regular (non-small scale) amendment to the City's Comprehensive Plan and approved transmittal of the amendment to the Florida Department of Community Affairs (DCA) and the South Florida Regional Planning Council (SFRPC): Case Number Name Description Size 01f-CPA-99 Text/Map #1: Transportation Fig. 2-5 Delete NE 205 from Biscayne to NE 30th Ave. as limited access N/A On February 9, 2000 the SFRPC found the above amendment to be consistent with the Regional Policy Plan for South Florida. On April 9, 2000 DCA approved the proposed amendment without objection or comment. DEPARTMENT JEB BUSH STATE OF FLORIDA OF COMMUNITY "Dedicated to making Florida a better place to call home" AFFAIRS STEVEN M. SEIBERT Secretary April 13, 2000 The Honorable Arthur Snyder Mayor, City of Aventura 2999 NE 191st Street Aventura, Florida 33180 Dear Mayor Snyder: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Aventura (DCA No. 00-1), which was submitted on February 7, 2000. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (ORC) Report. The Department has one comment regarding the Future Land Use Map amendment for the Turnberry Isles Resort and Country Club. The South Florida Regional Planning Council (SFRPC) had issues with the potential impacts to infrastructure and found the amendment generally inconsistent with the Strategic Regional Policy Plan for South Florida. The Department recommends the City coordinate with the SFRPC to address these concerns. The City may want to conduct a facilities analysis based on the current and proposed land uses. My staff is available to work with the City and SFRPC to resolve these issues. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.011 ,F.A.C. Upon receipt of this letter, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F.S., and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: OA..O.LE,,A EXHIBIT Phone: (850) 488-8466/Suncon- ~ Internet ad #1 FLORIDA 32399-21 O0 - ~781/Suncom 291-0781 HOUSING & COMMUNITY DEVE£O?MEN~[ 2555 Shumard Oak 8ouleva¢d The Honorable Arthur Snyder April 13, 2000 Page Two Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of finding by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager, at (850) 487-4545. Sincerely ~ours, Charles Oauthier, AICP Chief, Bureau of Local Planning CG/pd Enclosure t~renda Kelly, City of Aventura Carolyn Dekle, South Florida Regional Planning Council Bob Usherson, Miami-Dade County South Florida Regional Planning Council March 8, 2000 BURE,~U OF STATE PLANNING Mr. Steve Seibert, Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Secretary Seibert: The South Florida Regional Planning Council has completed its review of the proposed local government comprehensive plan amendment listed below. Consistency is determined by ensuring that the local plan amendment is compatible with and strengthens the Strategic Regional Policy Plan for South Florida. This review was undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The proposed local government comprehensive plan amendmeqt reviewed is: · City of Aventura - Amendment #00-1 Attached is the amendment staff report and finding. This report constitutes official action taken at the March 6, 2000 Council meeting of the South Florida Regional Planning Council. Staff will continue to work with the Department, local governments and other reviewing agencies through the remainder of the review process and final adoption. Thank you for your continued support during this process. If you have any questions please call. Sincerely, Carolyn A(/Dekle Executive Director CAD/kc At[achments cc: J. Thomas Beck 3440HOItywoo(EXHIBIT # 2.,, wood. F,orida 33021 Broward (954) and 561 (800) 985-4416 SunCom 47 nCom FAX 473-4417 South Florida Regional Planning Council March 7, 2000 The Honorable Arthur Snyder Mayor, City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Dear Mayor Snyder: At its March 6, 2000 meeting, the Council found amendment No. 2 of proposed amendment package #00-1 to the City of Aventura Comprehensive Plan to be generally inconsistent with the Strategic Regional Policy Plan for South Florida (SRPP). Specifically, this amendment, which would change a 15.44-acre parcel from Parks and Recreation to Business and Office, conflicts with the following goals and policies of the SRPP. Strategic Regional Goal 2.3 Enhance the economic competitiveness of the region and ensure the adequacy of its public facilities and services by eliminating the existing backlog, meeting the need for growth in a timely manner, improving the quality of services provided and pursuing cost-effectiveness and equitability in their production, delivery and financing. Regional Policies 2.3.4 Decisions regarding the location, rate and intensity of development shall be based on the existing or prograrnmed capacity of irffrastmcture and support services or on capacity which will be programmed to serve that development; in addition, consideration should be given to the impact of infrastructure and support services on natural resources. 2.3.19 Permit new development only when and where adequate excess capacity exists, is programmed or where funding to expand that capacity is otherwise made available; consider permitting new infill development or redevelopment in approved Transportation Concurrency Exception Areas. Strategic Regional Goal 3.3 Achieve improved air quality throughout the region through a reduction of transportation related impacts and the increased use of natural plantings. Regional Policies 3.3.6 Proposed development shall be reviewed with respect to the potential for related impacts to the regional air quality, and negative impacts eliminated or effectively mitigated. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, Area Codes 305, 407 and 561 (800) 985-4416 SunCom 473-4416, FAX (954) 985-4417, SunCorn FAX 473-4417 e-mail sfadmin@sfrpc,com The Honorable Arthur Snyder Page 2 March 7, 2000 3.3.7 Strengthen the coordination and understanding of the linkage between land use and transportation/air quality planning. Twhe Council found the balance of proposed amendment package #00-1 to be generally consistentt ith the SRPP. The Council further recommends that this package be formally reviewed by the Department of Community Affairs and approved the transmittal of the enclosed agenda item on the City of Aventura Local Government Comprehensive Plan amendment to the Florida Department of Community Affairs. Please call if you have any questions. Carolyn A. ~ Executive Director CAD/kc Enclosure cc: Brenda Kelley CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission /~ January 14, 2000 ;velopment Direct~/~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. (01f-CPA-99), February '1, 2000 Local Planning Agency Agenda Item ~ February 1, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and 2) approval the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. The inclusion of this designation in the existing Transportation SITE DATA OWNERS OF PROPERTY The City of Aventura NAME OF APPLICANT City of Aventura Department of Community Development LEGAL DESCRIPTION None. LOCATION OF PROPERTY The right-of-way of NE 203 Street from the Biscayne Boulevard right-of-way on the west to the right-of-way of NE 30 Avenue on the east. (See Exhibit #1 for Location Map and Exhibit #2 for Aerial Photo) SIZE OFPROPERTY Approximately 4.2 acres. DESCRIPTION/BACKGROUND On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Functional Classification and Number of Lanes Map (Map 2-5) of the Comprehensive Plan's Transportation Element designated Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway. (See existing Map 2-5 attached as Exhibit #3) Subsection 334.03(13), Florida Statutes, defines a "limited access facility" as "a street or highway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement of access, light, air or view by reason of the fact that their property abuts upon said limited access facility or for any other reason." This designation was a scrivener's error. Ives Dairy Road at this location is not a State highway and does not have the necessary design features to permit such a designation. The Florida Department of Transportation has no plans to assume responsibility for the roadway, or to improve the roadway east of the present Ives Dairy Road/Biscayne Boulevard interchange construction project during the 20-year planning horizon of the Comprehensive Plan. The roadway is anticipated to remain a local collector with four undivided lanes. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: None Business and Office Business and Office and Medium-High Density Residential 2 Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium-High Density Residential Business and Office B2 CF B2 RMF3 RMF3 U None Community Business District, and Community Facilities District Community Business District, and Multi-Family Medium Density Residential Multi-Family Medium Density Residential Utilities District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Roadway right-of-way Retail and house of worship Residential Residential Biscayne Boulevard and FEC Railroad Access - Not applicable. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and 2) approval the transmittal of the amendment to the Florida Department of Community Affairs. 3 ~OWARD COUNTY Map 2-5: City of Aventura Future Functional Clossificatio & Number of Lanes - 2015 LEGEND Functional C~asslf~¢atlon .... Locol Urban Collecto~ SCALE IN FEET Source: MPO'S 1996 Tr{3neportatlon Improvement Program (TIP) MlornI-Dcde Deportment of Plennlng, Development and Eegulotlon, 1997. FOOT District Six Work Pro~lrom Preparation of this document was aided through financial assistance received from the State of Florida under the Local Government Comprehensive Planning Assistance Program, authorized by Chapter 87-98, Law of Florida, and administered by the Department of Community Affairs EXHIBIT #2 ~ 01f-CPA-99 CITY LIMIT- Road $o~c~ MPO'$1996 TrenlpoRati~n Improvement Program (TIP) Miami-Dade DepaA-ment of Plarmln~ Development and Regulation, qgg? FDOT flCt Six Work P¢o~am Map 2-5: City of Aventura Future Functional Classification & Number of Lanes - 2015 LEGEND Other t~adltt~ 0 1000 2500 I'- I SCALE IN FEW ~ g Preparation of this doeumenl was aided ttmugh f~anctal aaal~mce recelv~l from the State of Florida under the Looal Government Compmher~ve Planning Asalstance Program, autho~ by Chapter B7-98, Law of Rodda, and administered by the Del~lme~t of Community Affirm Iii ~ ORDINANCE NO. 2000-.._ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 30TM AVENUE BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Functional Classification and Number of Lanes Map of the Plan designated NE 203 Street from Biscayne Boulevard to NE 30th Avenue as a Limited Access Highway; and WHEREAS, this designation was a scrivener's error; and WHEREAS, the City Commission wishes to amend the Future Functional Classification and Number of Lanes Map for NE 203 Street from Biscayne Boulevard to NE 30th Avenue by deleting its classification as a limited access highway; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards; and WHEREAS, the City Commission finds that this amendment is otherwise consistent with the goals, objectives and policies of the Plan of the City of Aventura. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Ordinance No. 2000-_.. Page 2 Section 1, Purpose, This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2, Amendment of Comprehensive Plan. The Future Functional Classification and Number of Lanes Map for NE 203 Street from Biscayne Boulevard to NE 30th Avenue is hereby amended by deleting its classification as a limited access highway. Section 3, Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 5. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Vice Mayor Berger, and upon being put to a vote, the vote was as follows: 2 Ordinance No. 2000-__ Page 3 Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner . , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1'~ day of February, 2000. PASSED AND ADOPTED on second reading this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission.....( Eric M. Soroka~y~ I~ Brenda Kelley, '~omm a~elopment May 29, 2000 Direct~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of the Tumberry Resort and Country Club site from Parks and Recreation to Business and Office. (01g-CPA-99) (Regular Amendment) February 1, 2000 Local Planning Agency Agenda Item 3_~G February 1, 2000 City Commission Meeting (1st Reading) Agenda Item 8B June 6, 2000 City COmmission Meeting (2"d Reading) Agenda Item I O 19 RECOMMENDATION It is recommended that the City Commission approve a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office to bring the site's current zoning classification of B2 (Community Business District) into conformity with the Comprehensive Plan. BACKGROUND At its February 1, 2000 meeting, the City Commission approved at first reading the following regular (non-small scale) comprehensive plan amendment: Case Number Name Description Size 01g-CPA-99 Turnberry Isle Resort Parks and Recreation to Business and Office 15.44 ac On April 9, 2000 the DCA informed the City's Community Development Department that it had no objection to the amendment. (DCA notification letter attached as Exhibit #1) As a result, the City Commission may, if it so chooses, approve the amendment without change on second and final reading. If approved by the City Commission, the amendment will be in force immediately upon adoption. On March 6, 2000 the South Florida Planning Council (SFRPC) reviewed the City's February amendment package. The Council found amendment 01g-CPA- 99 to be inconsistent with several policies of the SRPP. (See SFRPC report attached as Exhibit #2) The primary concern of the Council was the possible traffic impacts if the Turnberry Isle Resort site should be rebuilt as an office building development under B2 zoning district regulations in the event of catastrophic destruction. City Staff has compiled traffic projections that indicate that the traffic impact of a maximum potential development under such a scenario is less than that generated by the maximum potential development allowed under the original Miami-Dade County development approval. Staff is of the opinion that the concerns expressed by the Council result from a misunderstanding of how the Future Land Use Maps (FLUM) of the City and County compare. Because it covers a land area of almost 350 square miles, the County's FLUM is highly generalized and contains an interpretation section over 50 pages long. The discussion of the Parks and Recreation land use category of the County's comprehensive plan states: "Certain commercial activities that support the recreational uses and relate to the resources of the park, such as marine supply stores, fuel docks or tennis and golf clubhouses may be considered for approval in the Parks and Recreation category. Other commercial recreational, entertainment or cultural uses may also be considered for approval" Furthermore, the County zoning in place on the site at the time the City adopted its own zoning code was BU-2, a much less restrictive designation than the City's B2 designation. On the other hand, with a coverage of only 3.5 square miles, the City's FLUM is very precise with category lines that follow existing parcel boundaries. The City's proposed amendment changes the 15.4 acre site of the Tumberry Isle resort from Parks and Recreation (mirroring the County's former plan category) to Business and Office, a designation compatible with the site's B2 (Community Business) zoning and the previous County zoning of BU-2. DEPARTMENT BUSH STATE OF FLORIDA OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" April 13, 2000 STEVEN M. SEIBERT Secretary The Honorable Arthur Snyder Mayor, City of Aventura 2999 NE 19Pt Street Aventura, Florida 33180 Dear Mayor Snyder: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Aventura (DCA No. 00-1), which was submitted on February 7, 2000. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (ORC) Report. The Department has one comment regarding the Future Land Use Map amendment for the Turnberry Isles Resort and Country Club. The South Florida Regional Planning Council (SFRPC) had issues with the potential impacts to infrastructure and found the amendment generally inconsistent with the Strategic Regional Policy Plan for South Florida. The Department recommends the City coordinate with the SFRPC to address these concerns. The City may want to conduct a facilities analysis based on the current and proposed land uses. My staff is available to work with the City and SFRPC to resolve these issues. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.011,F.A.C. Upon receipt of this letter, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F.S., and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: 25,35 5..M^,o oAK .O.LEv^EXHIBIT #1 FLORIDA 32399-2100 Phone: (650) 466-8466/Suncom 2 - q781/Suncom 291-0781 Internet addr 01g_CPA_99..s .O~ING & CO~,,UNITY DEVEtOPME N~ The Honorable Arthur Snyder April 13, 2000 Page Two Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of finding by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager, at (850) 487-4545. Sincerely yours, ?,~ Charles Gauthier, AICP Chief, Bureau of Local Planning CG/pd Enclosure t--B~erenda Kelly, City of Aventura Carolyn Dekle, South Florida Regional Planning Council Bob Usherson, Miami-Dade County Florida Regional Planning Council BuR~Lt OF STATE PL&NNHNG March 8, 2000 Mr. Steve Seibert, Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Secretary Seibert: The South Florida Regional Plarming Council has completed its review of the proposed local government comprehensive plan amendment listed below. Consistency is determined by ensuring that the local plan amendment is compatible with and strengthens the Strategic Regional Policy Plan for South Florida. This review was undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The proposed local government comprehensive plan amendment reviewed is: · City of Aventura - Amendment #00-1 Attached is the amendment staff report and finding. This report constitutes official action taken at the March 6, 2000 Council meeting of the South Florida Regional Planning Council. Staff will condnue to work with the Department, local governments and other reviewing agencies through the remainder of the review process and final adoption. Thank you for your continued support during this process. If you have any questions please call. Sincerely, Carolyn A~/Dekle Executive Director CAD/kc Attachments cc: J. Thomas Beck 3440 ,o,, woo EXHIBIT #2 Broward (954) SunCorn 47 O1 g-UI-'A-EtEI Ilywood, Florida 33021 and 561 (800) 985-4416 nCom FAX 473-4417 South Florida Regional Planning Council March 7, 2000 The Honorable Arthur Snyder Mayor, City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Dear Mayor Snyder: At its March 6, 2000 meeting, the Council found amendment No. 2 of proposed amendment package #00-1 to the City of Aventura Comprehensive Plan to be generally inconsistent with the Strategic Regional Policy Plan for South Florida (SRPP). Specifically, this amendment, which would change a 15.44-acre parcel from Parks and Recreation to Business and Office, conflicts with the following goals and policies of the SRPP. Strategic Regional Goal 2.3 Enhance the economic competitiveness of the region and ensure the adequacy of its public facilities and services by eliminating the existing backlog, meeting the need for growth in a timely manner, improving the quality of services provided and pursuing cost-effectiveness and equitability in their production, delivery and financing. Regional Policies 2.3.4 Decisions regarding the location, rate and intensity of development shall be based on the existing or programmed capacity of irffrastructure and support services or on capacity which will be programmed to serve that development; in addition, consideration should be given to the impact of infrastructure and support services on natural resources. 2.3.19 Permit new development only when and where adequate excess capacity exists, is programmed or where funding to expand that capacity is otherwise made available; consider permitting new infill development or redevelopment in approved Transportation Concurrency Exception Areas. Strategic Regional Goal 3.3 Achieve improved air quality throughout the region through a reduction of transportation related impacts and the increased use of natural plantings. Regional Policies 3.3.6 Proposed development shall be reviewed with respect to the potential for related impacts to the regional air quality, and negative impacts eliminated or effectively mitigated. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, Area Codes 305, 407 and 561 (800) 985-4416 SunCom 473-4416, FAX (954) 985-4417, SunCom FAX 473.4417 e-mail sfadmin@sfrpc.com The Honorable Arthur Snyder Page 2 March Z2000 3.3.7 Strengthen the coordination and understanding of the linkage between land use and transportation/air quality planning. The Council found the balance of proposed amendment package #00-1 to be generally consistent with the SRPP. The Council further recommends that this package be formally reviewed by the Department of Community Affairs and approved the transmittal of the enclosed agenda item on the City of Aventi~ra Local Government Comprehensive Plan amendment to the Florida Department of Community Affairs. Please call ff you have any questions. Sincerely, Carolyn A. ~ Executive Director CAD/kc Enclosure cc: Brenda Kelley CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~_...~ Eric M. Soroka~'i~ger/ Brenda Kelley, Co~velopment January 14, 2000 Direct~)'~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and .Recreation to Business and Office. (01g-CPA-99) (Regular Amendment) February 1, 2000 Local Planning Agency Agenda Item 2~ ~ February 1, 2000 City Commission Meeting Agenda Item ~2-.~ RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office to bring the site's current zoning classification of B2 (Community Business District) into conformity with the Comprehensive Plan. SITE DATA OWNER OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION LOCATION OF PROPERTY SIZE OFPROPERTY DESCRIPTION/BACKGROUND Turnberry Isle Resort and Club City of Aventura Department of Community Development Aventura 10th Addition, Tract B10, Plat Book 136 Page 92; and, Aventura 10th Addition, Tract U, Plat Book 99 Page20. 19999 West Country Club Drive (See Exhibit #1 for Location Map) 15.44 acres On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan designated the Turnberry Golf Course Parks and recreation, in conformance with existing Miami-Dade County plan designation. On July 13, 1999 the City Commission approved the City of Aventura Land Development Regulations (LDRs). The adopted zoning map contained in the LDRs designated a zoning of ROS (Recreation Open Space) for the golf course and B2 (Community Business District). After the adoption of the LDRs City Staff determined that the resort's B2 zoning designation was not consistent with the Recreation and Open Space plan designation. Because the B2 zoning designation is consistent with the site's present use, Staff recommended that the City change the plan designation to Business and Office to bring the Comprehensive Plan and LDRs into conformity. 2 ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Parks and Recreation Parks and Recreation Parks and Recreation Parks and Recreation Business and Office Zoning Subject Property: B2 Properties to the North: ROS Properties to the South: ROS Properties to the East: ROS Properties to the West: B2 Community Business District Recreation Open Space Recreation Open Space Recreation Open Space Community Business District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Hotel, resort and country club Golf course Golf course Golf course Retail and Office Access - Access to the site is from West Country Club Drive. Access will not be affected by the amendment. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Confo. rmity to City Land Development Regulations - The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to change the land use designation of the Turnberry Resort and Country Club site from Parks and Recreation to Business and Office; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs, 3 Hospital WAY 207 ST. CLUB DR. 201 'YER. AVENTURA 192 S~ SITE Maule Lake Maule Lake 01g-CPA-99 ',Regular Amendment) LEGEND Roadways City Boundary EXHIBIT #2 01g-CPA-99 (Regular Amendment) ORDINANCE NO. 2000-__ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Futura Land Use Map of the Comprehensive Plan designated the subject property Parks and Recreation, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, the City Commission adopted the City's Land Development Regulations (the "LDRs") in July 1999; and WHEREAS, in the process of developing the LDRs, it was determined that the zoning was inconsistent with the land use designation on the properties; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject properties from Parks and Recreation to Business and Office; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and Ordinance No. 2000-__ Page 2 WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map DesiRnation. The future land use map designation of the property legally described as (See Exhibit #1 ): Aventura 10th Addition, Tract B10, Plat Book 136 Page 92; and, Aventura 10th Addition, Tract U, Plat Book 99 Page 20 a/k/a Turnberry Isle Resort and Country Club 19999 West Country Club Drive is changed from Parks and Recreation to Business and Office. Section 3. 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 2 Ordinance No. 2000-__ Page 3 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 5. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Vice Mayor Berger and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder 3 Ordinance No. 2000-__ Page 4 PASSED AND ADOPTED on first reading this 1't day of February, 2000. PASSED AND ADOPTED on second reading this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission /.~/ Eric M. S o ro ka ~.,~y. ~'*g~ Brenda Kelley, ~ommb~y~ May 29, 2000 ;velopment Direct~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector road on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. (01h-CPA-99). February 1, 2000 Local Planning Agency Agenda Item 31-1 February 1, 2000 City Commission Meeting (1st Reading) Agenda Item 8C June 6, 2000 City Commission Meeting (2nd Reading) Agenda Item I O~.~ RECOMMENDATION It is recommended that the City Commission approve a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector road on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. The roadway had not yet been built at the time the Comprehensive Plan was adopted and its specific configuration had not been finalized. The roadway has since been completed. Its configuration and function are best described by the Local Urban Collector functional classification. BACKGROUND At its February 1, 2000 meeting, the City Commission approved at first reading the following regular (non-small scale) amendment to the City's Comprehensive Plan and approved transmittal of the amendment to the Florida Department of Community Affairs (DCA) and the South Florida Regional Planning Council (SFRPC): Case Number Name Description Size 01h-CPA-99 Text/Map #2: Transportation Fig. 2-5 Add NE 213 from Biscayne to NE 34th Ave. as Local Collector N/A On February 9, 2000 the SFRPC found the above amendment to be consistent with the Regional Policy Plan for South Florida. On April 9, 2000 DCA approved the proposed amendment without objection or comment. DEPARTMENT I~USH STATE OF FLORIDA OF COMMUNITY "Dedicated to making Florida a better place to call home AFFAIRS STEVEN M. SEIBERT Secretary April 13, 2000 The Honorable Arthur Snyder Mayor, City of Aventura 2999 NE 19Pt Street Aventura, Florida 33180 Dear Mayor Snyder: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Aventura (DCA No. 00-1), which was submitted on February 7, 2000. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (ORC) Report. The Department has one comment regarding the Future Land Use Map amendment for the Turnberry Isles Resort and Country Club. The South Florida Regional Planning Council (SFRPC) had issues with the potential impacts to infrastructure and found the amendment generally inconsistent with the Strategic Regional Policy Plan for South Florida. The Department recommends the City coordinate with the SFRPC to address these concerns. The City may want to conduct a facilities analysis based on the current and proposed land uses. My staffis available to work with the City and SFRPC to resolve these issues. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.011,F.A.C. Upon receipt of this letter, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F.S., and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Phone: (850) 488-8466/Suncon' ' - ~781/$uncom 291-0781 Inlernet ad .us The Honorable Arthur Snyder April 13, 2000 Page Two Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of finding by the local goveming body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager, at (850) 487-4545. Sincerely· ~ours,, C /~,~ Charles Gauthier, AICP Chief, Bureau of Local Planning CG/pd Enclosure CCi t~renda Kelly, City of Aventura Carolyn Dekle, South Florida Regional Planning Council Bob Usherson, Miami-Dade County Florida Regional Planning Council BUREAU OF STATE PLANKHNG March 8, 2000 Mr. Steve Seibert, Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Secretary Seibert: The South Florida Regional Planning Council has completed its review of the proposed local government comprehensive plan amendment listed below. Consistency is determined by ensuring that the local plan amendment is compatible with and strengthens the Strategic Regional Policy Plan for South Florida. This review was undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Fart II, Florida Statutes. The proposed local government comprehensive plan amendment reviewed is: · City of Aventura - Amendment #00-1 Attached is the amendment staff report and finding. This report constitutes official action taken at the March 6, 2000 Council meeting of the South Florida Regional Planning Council. Staff wilI continue to work with the Department, local governments and other reviewing agencies through the remainder of the review process and final adoption. Thank you for your continued support during this process. If you have any questions please call. Sincerely, Carolyn A(~ekle Executive Director CAD/kc Attachments cc: J. Thomas Beck I:¥1-1II:IlT #2 440 . woo , F,or d 3302 Broward (954) and 561 (800) 985-4416 SunCom 47 nCom FAX 473-4417 South Florida Regional Planning Council March Z2000 The Honorable Arthur Snyder Mayor, City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Dear Mayor Snyder: At its March 6, 2000 meeting, the Council found amendment No. 2 of proposed amendment package #00-1 to the City of Aventura Comprehensive Plan to be generally inconsistent with the Strategic Regional Policy Plan for South Florida (SRPP). Specifically, this amendment, which would change a 15.44-acre parcel from Parks and Recreation to Business and Office, conflicts with the following goals and policies of the SRPP. Strategic Regional Goal 2.3 Enhance the economic competitiveness of the region and ensure the adequacy of its public facilities and services by eliminating the existing backlog, meeting the need for growth in a timely manner, improving the quality of services provided and pursuing cost-effectiveness and equitability in their production, delivery and financing. Regional Policies 2.3.4 Decisions regarding the location, rate and intensity of development shall be based on the existing or programmed capacity of infrastructure and support services or on capacity which will be programmed to serve that development; in addition, consideration should be given to the impact of infrastructure and support services on natural resources. 2.3.19 Permit new development only when and where adequate excess capacity exists, is programmed or where funding to expand that capacity is otherwise made available; consider permitting new infill development or redevelopment in approved Transportation Concurrency Exception Areas. Strategic Regional Goal 3.3 Achieve improved air quality throughout the region through a reduction of transportation related impacts and the increased use of natural planl~tgs. Regional Policies 3.3.6 Proposed development shall be reviewed with respect to the potential for related impacts to the regional air quality, and negative impacts eliminated or effectively mitigated. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, Area Codes 305, 407 and 561 (800) 985-4416 SunCom 473-4416, FAX (954) 985-4417, SunCom FAX 473-4417 e-mail sfadmin@sfrpc.com The Honorable Arthur Snyder Page 2 March 7, 2000 3.3.7 Strengthen the coordination and understanding of the linkage between land use and transportation/air quality planning. wThe Council found the balance of proposed amendment package #00-1 to be generally consistent ith the SRPP. ~ The Council further recommends that this package be formally reviewed by the Department of Community Affairs and approved the transmittal of the enclosed agenda item on the City of Aventura Local Government Comprehensive Plan amendment to the Florida Department of Community Affairs. Please call if you have any questions. Sincerely, Carolyn A. ~ Executive Director CAD/kc Enclosure cc: Brenda Kelley CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka,~it'y~r Brenda Kelley, Com~ January 14, 2000 'elopment Director~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector road on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. (01h-CPA-99). February l, 2000 Local Planning Agency Agenda Item '~ February l, 2000 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector road on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. The roadway had not yet been built at the time the Comprehensive Plan was adopted and its specific configuration had not been finalized. The roadway has since been completed. Its configuration and function are best described by the Local Urban Collector functional classification. SITE DATA OWNERS OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION LOCATION OF PROPERTY SIZE OF PROPERTY City of Aventura City of Aventura Development Not applicable Existing NE 213 Street Boulevard to NE 34 Avenue. Not applicable Department of Community from Biscayne DESCRIPTION/BACKGROUND On December 15, 1998 the Aventura City Commission approved the City of Aventura Comprehensive Plan. At the time, this segment of NE 213 Street had not yet been built. Because the roadway's configuration was not finalized, it was not possible to determine if it should be classified as Local Urban Collector or Urban Collector. The construction of the roadway has recently been completed. Its configuration and function are best described by the Comprehensive Plan's Local Urban Collector functional classification. The two roadways that intersect the new NE 213 Street at its east end, NE 34 Avenue and Yacht Club Drive, are also Local Urban Collector roads. Designation as a Local Urban Collector will require new developments along the road to locate driveways and install buffer areas and supporting infrastructure of a design more compatible with the transportation function of collector roads than that required in the City's Land Development Regulations for local streets. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office; Medium Density Residential; and Medium High Density Residential Business and Office; and Medium Density Residential Business and Office; Medium High Density Residential; and Parks and Recreation Medium Density Residential Business and Office 2 Zoning Subject Property: B2 RS2 CNS Properties to the North: B2 RS2 Properties to the South: B2 RS2 CNS Properties to the East: RMF3 Properties to the West: MO Community Business District; and Residential Single Family District; and Conservation District Community Business District; and Residential Single Family District Community Business District Residential Single Family District; and Conservation District Multi-Family Medium Density Residential District Medical Office District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Road right-of-way Vacant Commercial, residential and conservation Residential Biscayne Boulevard and vacant Access - Not applicable. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. Conformity to City Land Development Regulations - The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Street as a future 4-lane Divided Local Urban Collector on the Future Functional Classification and Number of Lanes Map (Map 2-5) of the Comprehensive Plan's Transportation Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 3 BROWARD COUNTY M~AMI--DADE CO(JN'Pf Map 2-5' City of Aventura Future Functional Ctcssificatio & Number of Lanes - 2015 CITY Ives Road Miami Orl~ LEGEND Functional Cloaalflc~tion SCALE IN FEET I. Source: MPO'S 1996 Transportation Improvement Program (T~P) Miami-Dada Deportment of Planning, Development and Regulation, 1997, FDO'r District Six Work Program Preparation of this document was aided through financial assistance received from the State of Florida under the Local Government Comprehensive Planning Assistance Program, authorized by Chapter 87-98, Law of Ftodda, and administered by the Depadment of Community Affairs EXHIBIT #2 r 01h-CPA--99 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213 STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, NE 213 Street from Biscayne Boulevard to NE 34th Avenue had not yet been built at the time the Plan was adopted and its specific configuration had not been finalized; and WHEREAS, the roadway has since been completed and its configuration and function are best described by the Local Urban Collector functional classification; and WHEREAS, the City Commission wishes to amend the Future Functional Classification and Number of Lanes Map by designating NE 213 Street from Biscayne Boulevard to NE 34th Avenue as a Local Urban Collector; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards; and WHEREAS, the City Commission finds that this amendment is otherwise consistent with the goals, objectives and policies of the Plan of the City of Aventura. Ordinance No. Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Comprehensive Plan. The Future Functional Classification and Number of Lanes Map is amended to add NE 213 Street from Biscayne Boulevard to NE 34th Avenue and to designate this roadway as a Local Urban Collector. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 5. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. 2 Ordinance No. Page 3 The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Vice Mayor Berger, and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1't day of February, 2000. PASSED AND ADOPTED on second reading this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission/,~ Eric M. Sorok~/Cit~ Brenda KelleCr, C~ May 29, 2000 ler )evelopment Direct~ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to add six new policies (Policies 1.11 through 1.16) to Objective One of the Intergovernmental Coordination Element and to transmit the amendment to the Florida Department of Community Affairs. (01j-CPA-99) February 1, 2000 Local Planning Agency Agenda Item 31 February 1, 2000 City Commission Meeting (1st Reading) Agenda Item 8D June 6, 2000 City Commission Meeting (2"d Reading) Agenda Item RECOMMENDATION It is recommended that the City Commission approve: 1) a Comprehensive Plan amendment to add six new policies (Policies 1.11 through 1.16) to Objective One of the Intergovernmental Coordination Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to add six new policies to Objective One of the Intergovernmental Coordination Element. BACKGROUND At its February 1, 2000 meeting, the City Commission approved at first reading the following regular (non-small scale) amendment to the City's Comprehensive Plan and approved transmittal of the amendment to the Florida Department of Community Affairs (DCA) and the South Florida Regional Planning Council (SFRPC): Case Number Name Description Size 01j-CPA-99 Text/Map #3: Intergovernmental Coordination Element Add six new policies to Objective One (1.11 through 1.16) N/A On February 9, 2000 the SFRPC found the above amendment to be consistent with the Regional Policy Plan for South Florida. On April 9, 2000 DCA approved the proposed amendment without objection or comment. DEPARTMENT STATE OF FLORIDA OF COMMUNITY ~Dedicated to making Florida a better place to call home" AFFAIRS STEVEN M. SEIBERT Secreta~ April 13, 2000 The Honorable Arthur Snyder Mayor, City of Aventura 2999 NE 191st Street Aventura, Florida 33180 Dear Mayor Snyder: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Aventura (DCA No. 00-1), which was submitted on February 7, 2000. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review, and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (CRC) Report. The Department has one comment regarding the Future Land Use Map amendment for the Tumberry Isles Resort and Country Club. The South Florida Regional Planning Council (SFRPC) had issues with the potential impacts to infrastructure and found the amendment generally inconsistent with the Strategic Regional Policy Plan for South Florida. The Department recommends the City coordinate with the SFRPC to address these concerns. The City may want to conduct a facilities analysis based on the current and proposed land uses. My staff is available to work with the City and SFRPC to resolve these issues. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.011,F.A.C. Upon receipt of this letter, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F.S., and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Phone: (850) 488-8466/Suncon-" - ~781/Suncom 291-0781 Internet ad .us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY I HOUSING & COMMUNITY DEVELOPMENT The Honorable Arthur Snyder April 13, 2000 Page Two Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of finding by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011 (5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager, at (850) 487-4545. Sincerely, ~,ours, , C Charles Gauthier, AICP Chief, Bureau of Local Planning CG/pd Enclosure CCi t~renda Kelly, City of Aventura Carolyn Dekle, South Florida Regional Planning Council Bob Usherson, Miami-Dade County South ~¢~,i~'~ :i2"",~i ~ Florida ~\ ,~1-? Regional ~k~ t0 ~' Planning Council BuR~U OF STATE p~,NN~NG March 8, 2000 Mr. Steve Seibert, Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Secretary Seibert: The South Florida Regional Planning Council has completed its review of the proposed local government comprehensive plan amendment listed below. Consistency is determined by ensuring that the local plan amendment is compatible with and strengthens the Strategic Regional Policy Plan for South Florida. This review was undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The proposed local government comprehensive plan amendmmlt reviewed is: · City of Aventura - Amendment #00-1 Attached is the amendment staff report and finding. This report constitutes official action taken at the March 6, 2000 Council meeting of the South Florida Regional Planning Council. Staff will continue to work with the Department, local governments and other reviewing agencies through the remainder of the review process and final adoption. Thank you for your continued support during this process. If you have any questions please call Sincerely, Carolyn A(ODekle Executive Director CAD/kc Attachments cc: J. Thomas Beck 3440 EXH.IBIT ;i~ 2 .,,~wood, Florida 3302, Broward (954) and 561 (800) 985-4416 SunCom 47 nCom FAX 473~417 '13 South Florida Regional Planning Council March 7, 2000 The Honorable Arthur Snyder Mayor, City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Dear Mayor Snyder: At its March 6, 2000 meeting, the Council found amendment No. 2 of proposed amendment package #00-1 to the City of Aventura Comprehensive Plan to be generally inconsistent with the Strategic Regional Policy Plan for South Florida (SRPP). Specifically, this amendment, which would change a 15.44-acre parcel from Parks and Recreation to Business and Office, conflicts with the following goals and policies of the SRPP. Strategic Regional Goal 2.3 Enhance the economic competitiveness of the region and ensure the adequacy of its public facilities and services by eliminating the existing backlog, meeting the need for growth in a timely manner, improving the quality of services provided and pursuing cost-effectiveness and equitability in their production, delivery and financing. Regional Policies 2.3.4 Decisions regarding the location, rate and intensity of development shall be based on the existing or programmed capacity of infrastructure and support services or on capacity which will be programmed to serve that development; in addition, consideration should be given to the impact of infrastructure and support services on natural resources. 2.3.19 Permit new development only when and where adequate excess capacity exists, is programmed or where funding to expand that capacity is otherwise made available; consider permitting new infill development or redevelopment in approved Transportation Concurrency Exception Areas. Strategic Regional Goal 3.3 Achieve improved air quality throughout the region through a reduction of transportation related impacts and the increased use of natural plantings. Regional Policies 3.3.6 Proposed development shall be reviewed with respect to the potential for related impacts to the regional air quality, and negative impacts eliminated or effectively mitigated. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, Area Codes 305, 40'/and 561 (800) 985-4416 SunCom 473-4416, FAX (954) 985-4417, SunCom FAX 473-4417 e-mail sfadmin~sfrpc.com The Honorable Arthur Snyder Page 2 March Z2000 3.3.7 Strengthen the coordination and understanding of the linkage between land use and transportation/air quality plarudng. Twhe Council found the balance of proposed amendment package #00-1 to be generally consistent ith the SRPP. The Council further recommends that this package be formally reviewed by the DeparOnent of Community Affairs and approved the transmittal of the enclosed agenda item on the City of Aventura Local Government Comprehensive Plan amendment to the Florida Department of Community Affairs. Please cay ff you have any questions. Car~)lyn A. ~ Executive Director CAD/kc Enclosure cc: Brenda Kelley CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. S o roka~7~ffy~-~"a~e ;velopment DirectS/ Petition of City of Aventura Community Development Department to approve a Comprehensive Plan amendment to add six new policies (Policies 1.11 through 1.16) to Objective One of the Intergovernmental Coordination Element and to transmit the amendment to the Florida Department of Community Affairs. (01j-CPA-99) February 1, 2000 Local Planning Agency Agenda Item February 1, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve: 1) a Comprehensive Plan amendment to add six new policies (Policies 1.11 through 1.16) to Objective One of the Intergovernmental Coordination Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST The Applicant, the City of Aventura Community Development Department, is requesting a Comprehensive Plan amendment to add six new policies to Objective One of the Intergovernmental Coordination Element as follows: Policy 1.11 The City shall establish ioint planning areas in coordination with Miami-Dade County and adiacent municipalities prior to initiating the process of annexing new land into the City or chanqin.q Aventura's municipal boundaries. policy !.12 The City shall coordinate the siting of municipal facilities of countywide significance (including those facilities typically considered to be locally unwanted land uses) with Miami-Dade County, adiacent municipalities, and other relevant federal, state and local governmental agencies. Policy 1=13 The City shall provide notice of Comprehensive Plan amendments, zoning changes, variances to the City's Land Development Regulations, special exceptions or other land use approvals requiring a public hearing to owners of record of real property and adjacent local .qovemments in a manner consistent with the requirements of the City's Land Development Regulations without regard to municipal boundaries. Policy 1.14 The City shall continue to identify those zoning districts in its Land Development Regulations in which public schools are an allowed use, and shall add, delete or modify zoning districts in a manner as to promote the compatibility of public schools across the broadest possible spectrum of zoning classifications. Poll .cy 1.15 The City shall encourage the establish, ment of new public schools within its boundaries by premotin.q the dedication of land and infrastructure by developers of residential and non-residential land, and will actively consult with the Miami-Dade County School Distdct dudn,q the process of dedication to maximize the benefits of dedication to the school distdct while minimizing costs to the developer, Policy 1.16 The City shall enter into cooperative a.qreements with adiacent iurisdictions .and, the providers of urban services within the City where such arrangements are agreeable to both parties and beneficial to the equitable and efficient delivery of services. SITE DATA OWNERS OF PROPERTY NAME OF APPLICANT LEGAL DESCRIPTION Not applicable City of Aventura Development Not applicable Department of Community 2 LOCATION OF PROPERTY SIZE OF PROPERTY DESCRIPTION/BACKGROUND Not applicable Not applicable The 1994 Florida Legislature added several new provisions relating to the Intergovernmental Coordination Element (ICE) of local comprehensive plans to Section 163.3177, Florida Statutes. Local governments are required to include these new requirements into their plans. The subjects of these requirements include provisions for joint planning prior to incorporations or annexations; public school siting and location planning; siting of facilities of county-wide significance; and the need for local governments to provide notice of impending land use changes to nearby landowners regardless of whether they are located in a different jurisdiction. Local jurisdictions are required to comply with these requirements by December 31, 1999. The Florida Department of Community Affairs (DCA) issued a Notice to Find in Compliance the City of Aventura's new Comprehensive Plan on February 15, 1999, well after the new regulations were incorporated into state statutes. As a result, staff is of the opinion that the current City of Aventura Comprehensive Plan is currently in compliance. However, DCA has requested that the City voluntarily amend its Comprehensive Plan to include language it believes is beneficial. After review of DCA request, City staff agreed to add six new policies to Objective One of the Intergovernmental Coordination Element. ANALYSIS Future Land Use Designation - All proposed policies will be effective citywide. No specific parcels of land are involved. Zoning - All proposed policies will be effective citywide. No specific parcels of land are involved. Existing Land Use - All proposed 3olicies will be effective citywide. No specific parcels of land are involved. Access - Not applicable. Conformity to City Comprehensive Plan - The amendment is consistent with the City's Comprehensive Plan. The amendment will not result in impacts on any infrastructure system that will exceed established Level of Service standards. 3 Conformity to City Land Development Regulations - The change in designation will result in no new zoning non-conformities. Coastal High Hazard Location - Not applicable. RECOMMENDATION It is recommended that the City Commission: 1) approve a Comprehensive Plan amendment to add six new policies to Objective One of the Intergovernmental Coordination Element; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. 4 ORDINANCE NO. 2000-__ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY ADDING SlX (6) NEW POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs ("DCA") of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, DCA has requested that the City voluntarily amend its Plan to include language it believes beneficial to intergovemmental coordination; and WHEREAS, after review of the DCA request, the City Commission agrees to add six new policies to Objective One of the Intergovernmental Coordination Element; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards; and WHEREAS, the City Commission finds that this amendment is otherwise consistent with the goals, objectives and policies of the Plan of the City of Aventura. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is Ordinance No. Page 2 further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Comprehensive Plan. The Intergovernmental Coordination Element of the Plan is hereby amended by adding the following six (6) policies to Objective One: Policy 1.11 The City shall establish ioint planning areas in coordination with Miami-Dade County and adiacent municipalities prior to initiating the process of annexing new land into the City or changing Aventura's municipal boundaries. Policy 1.12 The City shall coordinate the siting of municipal facilities of countywide significance (including those facilities typically considered to be locally unwanted land uses) with Miami-Dade County, adjacent municipalities, and other relevant federal, state and local governmental agencies. Policy 1.13 The City shall provide notice of Comprehensive Plan amendments, zoning changes, variances to the City's Land Development Regulations, special exceptions or other land use approvals requiring a public hearing to owners of record of real property and adiacent local governments in a manner consistent with the requirements of the City's Land Development Regulations without regard to municipal boundaries. Policy 1.14 The City shall continue to identify those zoning districts in its Land Development Regulations in which schools are an allowed use, and shall add, delete or modify zoning districts in a manner as to promote the comPatibility of schools across the broadest possible spectrum of zoning classifications. 2 Ordinance No. Page 3 Policy 1.15 The City shall encourage the establishment of new schools within its boundaries by promoting the dedication of land and infrastructure by developers of residential and non-residential land, and will actively consult with the Miami-Dade County School District during the process of dedication to maximize the benefits of dedication to the school district while minimizing costs to the developer. Policy 1.16 The City shall enter into cooperative agreements with adjacent iurisdictions and the providers of urban services within the City where such arrangements are agreeable to both parties and beneficial to the equitable and efficient delivery of services. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal, The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 5. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Vice Mayor Berger and upon being put to a vote, the vote was as follows: 3 Ordinance No. Page 4 Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1~t day of February, 2000. PASSED AND ADOPTED on second reading this 6th day of June, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 4 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~ / Documont 2000/0'1 to 200412005 June 6, 2000 City Commission Meeting Agenda Item ~ I RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program for 2000/01 to 2004/05. BACKGROUND The 2000/01 to 2004/05 Capital Improvement Program document represents the third update of the CIP that was originally prepared for the five-year cycle of 1997 to 2002. The document was reviewed at the May Commission Workshop Meeting. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0884-00 RESOLUTION NO. 2000-.._ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2000/01 TO 2004/05; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program document for fiscal years 2000/01 to 2004/05, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Roads, Drainage and Infrastructure Improvements, Public Buildings and Facilities, Communications and Computers and Capital Equipment Purchase and Replacement which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan that includes both pay-as- you-go and financing. The City Commission pledges that until October 1, 2001, they will not take action to increase ad valorem taxes to support additonal debt service requirements other than what is provided for in the proposed Capital Improvement Program document (not including the Cultural Center project) or required by the City's Resolution No. 2000-__ Page 2 Comprehensive Plan or such other County or State legislation requring or causing same, without a vote of the electors of the City of Aventura. However, in no event shall the public's health, safety, welfare or best interests be jeopardized or the City's ability to react to unforeseen emergencies or provide services to the community be limited in order to avoid additional debt or tax increases. The proposed Cultural Center project financing utilizing General Obligation Bonds will require a vote of the electors of the City; and WHEREAS, in the event operating expenditures increase at a higher level than expected, or unanticipated events reduce key revenue sources, on an annual basis the City Commission will endeavor to reprioritize projects or revise the schedules in order to eliminate the need for ad valorem tax rate increases during the next two years (2000- 2002). However, in no event shall the public's health, safety, welfare or best interests be jeopardized or the City's ability to react to unforeseen emergencies or provide services to the community be limited in order to avoid tax increases; and WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission of the City of Aventura hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Resolution No. 2000-__ Page 3 Capital Improvement Program document for fiscal years 2000/01 to 2004/05 attached hereto and incorporated herein as specifically as if set at length herein. Section 2. The City Manager of the City of Aventura, Florida be and the same is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall take effect immediately upon 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 Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of June, 2000. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO Mr Eric Soroka,, City of Aventura Date 06/05/2000 Time: 7:52:20 PM RE: Citizen's Access to Justice Act PaGe 1 of 3 FL League o£ Cities 6/5/00 4:36: PAGE 2/ Florida League o£ Cities To: FAST Members and Local & Regional Leagues From: Kelvin J. Robinson, Director Legislative and Public Affairs Date: June 5, 2000 S. 1028 "Citizens Access To Justice Act Of 1999" (Takings bill} It is anticipated that S. 1028, "The Citizens Access to Justice Act of 1999", will be scheduled for mark-up and a vote during June in the Senate Judiciary Committee without hearings held first to allow NLC and other state and local governn~nt associations the opportunity to air their concerns (Below you will find talking points, a drat~ letter, and a list of the members of the Senate Judiciary Comnnttea ) ACTION REQUESTED: Senators Mack and Graham do not serve on the Senate Judiciary Committee, but it is important that they know our opposition to this bill. please ask them to convey their opposition to members of the Senate Judiciary Committee. Urge them to ask Senator On'in Hatch (R-Utah), Judiciary Committee Chair, to hold a hearing prior to any mark-up of S. 1028, and to oppose this bill for the following reasons: TALKING POLNTS: · This bill is a direct attack on existing, viable state and local processes; h is inappropriate for S. 1028 to be marked-up and voted out of committee without a prior hearing to allow stakeholders to air their concerns. The fact that this bill is similar to one introduced by the Senate in the last Congress is irrelevant. That bill failed a cloture vote which indicates that Senators had concerns about its ramifications. Only a hearing can get these concerns included in the debate on this likely Senate move to preempt local authority; and S. 1028 constitutes a massive preemption of local governing authority. It would l:ermit landowners and developers to bypass state courts, local planning commissions, and city councils to take their land use grievances directly into federal court, S. 1028 federalizes land use laws! It dramatically increases the role of the federal courts in supervising decisions traditionally left to state and local governments. Post Office Box 1757 * Tallahassee, Florida 32302-1757 * (850) 222-9684 * Suncom 278-5331 * FAX (850) 222-3806 EL League of Cities 6/5/00 4:36: PAGE 3/4 RightFA× This bill not only threatens local zoning powers, but also local police powers which serve as safeguards for public health, safety and welfare. Takings cases have been brought against cities for trying to regulate prostitution, illegal drug trafficking, topless dancing, and liquor licensing. This bill seeks to radically alter the procedure by which these, and other takings claims are heard, This legislation would overtum existing law which requires that state courts review local land use decisions before a case can be brought in, or is "ripe" for, federal court The Supreme Court requires that in order to present a ripe taking claim in federal court, a taking claimant most: (1) present a "final decision regarding the application of the regulations to the property at issue" from "the governmental entity charged with implementing the regulations"; and (2) demonstrate that the claimant requested "compensation through the procedures the State has provided for doing so." In other words, a property owner must first make every effort to resolve land use disputes through the local public hearing, review and appeals process before going into federal court. The proposed legislation would essentially eliminate both prongs of this established Supreme Court ripeness test. The Fifth Amendment to the U.S, Constitution delicately balances the needs of landowners and developers with the needs of the community as a whole If S 1028 passes, it will force local communities to permat uses of property that will harm others, The Honorable US. Senate Washington, D C 20510 Dear Senator: As the (Mayor/Councilmember of ....... ) I am writing to express my (our) strong opposition to S. 1028, "The Citizens Access to Justice Act of 1[ ¢ ~ INs bill is a direct attack on existing, viable state and local processes, and it constitutes a rnassive preemption of local govervdng authority. It would permit landowners and developers to bypass state courts, local planning comrmssions, and city councils to take their land use ghevances directly into federal court. It would federalize our municipal land use laws, and would dramatically increase the role of the federal courts in supervising decisions traditionally lef~ to state and local government, The bill not only threatens our local zoning powers, but also local police powers which serve as safeguards for pubhc health, safety and welfare Takings cases have been brought against cities for trying to regulate prostitution, illegal drug trafficking, topless dancing, and hquor licensing. This bill seeks to radically alter the procedure by which these, and other takings, claims are heard. It is inappropriate for S. 1028 to be marked-up and voted out of comrmttea without a prior hearing to allow stakeholders to air their concerns Despite the fact that this bill is similar to one introduced in the Senate during the 105*h Congress, th;s does not justify skipping the hearing process. The earlier takings bill failed in a cloture vote which indicated that some Senators were concerned about its ramifications. Only a hearing can get these concerns out in the open and included in the debate on this latest Senate move to preempt local authority To Mr ErlC$OrOka CityofAventura Date 06/05i2000 Time 75220 PM RE CibzensAccesstoJustlceAct Page3of3 FL League o£ Cities 6/5/00 4:36: PAGE 4/~ RightFA× S. 1028 would overturn ex/sting law which requires that state courts review local land use decisions before a case can be brought in, or is .ripe. for federal court. The Supreme Court requires that in order to present a ripe takings claim in t~deral court, a taking claimant must: (I) present a "final decision regarding the application of the regulations to the property at issue" from "the governmental entity charged with implementing the regulations"; and (2) demonstrate that the claimant requested "compensation through the procedures the State has provided fbr doing so," In other words, a property owner must first make every effort to resolve land use disputes through the local public hearing, review, and appeals process before going into federal court. The proposed legislation would essenfia~y eliminate both prongs of this established Supreme Court ripeness test. The Fifth Amendment to the U,S. Constitution delicately balances the needs of landowners and developers with the needs of the community as a whole If S. 1028 passes, it will force local conununities to permit uses of property that would harm others I (We) urge you to request a hearing on S. 1028 and actively oppose this bill and prevent its progression to the Senate floor Thank you ibr your consideration Sh~cerely, Contact Information: Senator Bob Graham 524 Hart Senate Office Building Washinbrton, D C 20510 (202) 224-3041 (202) 224-2237 fax Senator Conme Mack 517 Hart Senate Office Building Washington, D C 20510 (202) 224-5274 (202) 224-8022 fax Republicans Orrin Hatch, UT, Chair Strom Thurmond, SC Charles Grassley, IA Aden Specter, PA Jon Kyl, AZ Mike DeWine, OH John Ashcroft, MO Spencer Ahraham, MI Jeff' Sessions, AL Robert Smith, NH Senate Judiciary Committee Democrats Patrick Leahy, VT, Ranking Member Edward Kennedy, MA Joseph Biden, Jr., DE Herbert Kohl, WI Dianne Feinstein, CA Russ Feingold, WI Robert/orricetli, NJ Charles Schumer, NY FL League o£ Cities 5/31/00 11:52 PAGE 113 RightFA× Florida League o£ Cities To: Dater Re: FAST Kelvin J. Robinson, Director Legislative and Public Affairs May 31, 2000 Religious Liberly Protection Act of 2000/S. 2081 Senators Mack and Graham Need to Hear From You! Background Senators Hatch, Daschle and Kennedy, driven largely by the ACLU and other civil rights orgamzations, are currently negotiating to tum the Religious Liberty Protection Act (RI,PA) into a land-use and institutionalized persons bill and are reportedly close to an agreement. Once agreement is reached, the bill (S. 208D will be on its way to the Senate floor for a vote. The compromise bill would grant a civil fights carve-out which was not contained in the original bffi, and would expressly preempt municipalities' land use and zoning powers as they are applied to religious entities and their accessory uses. It also targets institutionalized persons, eg. phsoners It is anticipated that this bill will be brought to the flonr very soon after the Memorial Day recess. The administration issued a statement last fall generally supporting this legislation with the civil rights carve-out, During a recent meeting at the White House, NLC was told that the administration wants to support S 2081 ACTION REQUESTED: Senators Mack and Graham need to hear from local elected officials~ via phone calls and/or faxes, as soon and as often as ~ossible or this bill will uass!: It is also important that you contact Senator Trent Loth Senate Maioritv Leader. voicin~ your strone onoosition to S. 2081. Attached are some brief talking points and a sample letter on the problems with this harmful proposal Post Office Box 1757 * Tallahassee, Florida 32302-1757 * (850) 222-9684 * Suncom 278-5331 * FAX (850) 222-3806 FL Le&gue of Cities 5/31/00 11:52 PAGE 213 RightFAX This misleading proposal holds nsany hannfol imphcations for cities Most importantly, it serves as a massive federal preemption of local zoning authority for religious entities and is a direct assault on our traditional notions of federalism Zoning and land use regulations are purely local issues and should be dealt with at the local level. RLPA is not about restrictions on individual religious exercis~ Passage of RLPA will subject local governments to a flood ofliti$ation that will attack their efforts to coordinate zoning and land use regulations and uphold public safety, health, and welfare concerns. Local govemmems often rely on religt°us institutions to provide social services to the community and respect the placement of these institutions in their communities. However, under this bill, religious institutions can exempt themselves from neutral, generally applicable local environmental, land and building regulations under the guise that to comply with these requirements would substantially burden their ability to practice their religion. RLPA fosters a double standard for the religious use versus the secular use in virtually every area of local government regulation, creates a class of land uses that are treated "specially" from all others, and would continue to pose the following problems (indicated in the sample letter): SAMPLE LETTER: The Honorable U.S Senate Washington, DC 20510 Dear Senator: As (Mayor/Councilmember of....), I am writing to express in the strongest terms my opposition to the latest compromise version orS. 2081, the Religious Liberty Protection Act (RLPA) This misleading proposal holds many harmful implications for all cities Most importamly, it serves as a massive federal preeraption of local zoning anthor~t' for religious entities and is a direct assault on our traditional notions of federalism Zoning and land use regul~tions are purely local issues and should be dealt with at the local level. This bill is not about restrictions on individual reli~ous exercise. The passage of the Religious Liberty Protection Act (RLPA) could subject my city to a flood of litigation that will attack our efforts to coordinate zoning and land use regulations and uphold public safety, health, and welfare concerns We often rely on religious institutions to provide social services in (city) and we respect the placement of these institutions in our community. However, under this bill (S. 2081), religious institutions can exempt themselves from neutral, generally applicable local environmental, land and building regulations under the guise that to comply with these requirements would substantiaBy burden their ability to practice their religion. RI.PA fosters a double standard for the religious use versus the secular use in virtually every area of our local government regulation, creates a class ~l' land uses that are treated "specially" from all others, and would continue to pose the following problems: FL League of Cities 5/31100 11:52 PAGE 3/3 RightFAX A religiously affiliated daycam center would receive special treatment under the RLPA (eg. exemption from zoning, land use, health and safety code requirements and ordinances regulating student/teacher ratios) whereas a secular daycam center would not. Enforcement of state and local fire and building codes at the local level would be severely compromised under the RLPA, Proponents of RLPA have suggested that it is perfectly acceptable for religiously affiliated uses to provide alternatives to fire and building code mqnirements if to comply with the latter is too burdensome. This position is fmxtamentally flawed because it undennmes the locality% ability to adequately protect all of its citizens from fires and building safety hazards by enforcing nationally accepted codes developed over time by experts in the field, would permit people untrained in fire and building safety to create untested standards for safety in a community that could not be challenged, and would require a locality to enforce multiple "codes" depending upon whether or not the use was a religiously affiliated one or not Provides an exemption to the Americans with Disabilities Act for all new construction A religiously affiliated use could claim that compliance with this federal law was "unduly burdensome." Continues to permit religious uses to circumvent environmental laws For example, a religious use could object to complying with anti-toxic waste disposal laws on the grounds that such laws were not the "least resntrictive means" for protection against hazardous wastes. Continues to permit religious uses to circumvent historic preservation laws. The RLPA standard of review will foreclose future opportunities for local communities to save important historic landmarks RLPA would have a chilling effect on the ability of local governments to work together with religious property owners to reach a compromise position on zoning and land use issues. Thank you in advance for your consideration Sincerely, Contact Information: Senator Bob Graham 524 Hart Senate Office Budding Washington, D.C. 20510 (202) 224-304l (202) 224-2237 fax Senator Connie Mack 517 Hart Senate Office Building Washington, D.C. 20510 (202) 224-5274 (202) 224-8022 fax Please also copy correspondence to the Senate Majority Leader: Senator Trent Lott (R-MS) 487 Russell Senate Office Building Washington, D C 20510 (202) 224-6253 (202) 224-2262 fax The Senate is in recess until Monday June 5. Should you have any questions or require additional information, including district information, please call Allison Payne at the League. :he am rratb eINuevo Herald www. herald.com www. elherald.com Published Daily MIAMI, FLORII)A STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: TONI RICHARDSON Who on oath that she is ADVERTISING OFFICE MANAGER Of The Miami Herald Publishing Company, a daily newspaper published at Miami in Dade County, Florida; that the advertisement for ~4/~ o ~ /Ur~ ~ was published in said newspaper in the issues of: Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. Toni Richardson th~i~ day 91' ~~_ A.D. 2000 Kelly J ' ~ / il ~ MONICA J. KELLY tl ll~.~ EXPIRES: ~122, ~4 16855 N.E. 2nd Avenue, North Miami Beach, FL 33162 CITY OF AVENTURA, NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S COMPREHENSIVE PLAN Pub c Notlee s hereby given that the Aventura City Commission, sitting as the City of Aventura Local Planning Agency, will meet in a public hear- ing on Tuesday, June 6, 2000 at 6:00 pm to make recommendation regarding adoption of the following Ordinance: Appiication Number; 01-CPA-00 Applicant: Williams lalend Development, inc. Location: Appmximataly 5000 Island Boulevard, south of NE 183 Street, west of Island Boulevard Comprehensive Plan Designation: change lend use from Medium High Density Residential to Business and Office AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MA~TER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5000 ISLAND BOULEVARD FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN FFECTIVE DATE ~--'~ --~- SITE Immediately fo owin~ the Loca P aoning Agency meeting, the City ~ommission of the C~ty of Aventura, as the governingbody, will consider at a public hear;ng adoption of the above described Ordi~ecce o? fi~.t a?d only read ng and providing for transm tta of thepmpoea~ amen(3mem or the Comprehensive Plan to the State of F odcla Department of Community Affairs. A Comprehensive P an is a State of Florida required document that~oro- vides the City's speci6c object vss through the following elements: Future Land Use Element, Infraetructure Element, Capital Improvements E ement, Coasta Management Element, Recreation Element, Intergovernmental Coordination Element, Transportation Element, Urban Design Element and Economic Development Element. The Public Headngs will be held at Biscayne Medical Arts Building, 21110 Bisacayne Boulevard, Suite 101, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at ~ffie Office of the C~y Cl~ear~v, 2999 NE 191 Street, Suite 500, Aventura, Fionda. Interested parties m y appear at the Public Headngs and be heard with respect to the proposed Ordinance Any person wishing to address the City Commission on any item at these Public Hearings is asked to register with the City Clerk prior to that item being heard. n accordance with the Americans w th D sab it ss Act of 1990, all parsons who are d sabled and who need special accommodations to participate in th s proceeding because of that disability should contact the C~f, ice of th~ City Clerk, (305) 466-8901, not later than two business days pr~r to suc proceedings. f a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedir?g$ is made, which record inciudss the testimony and evidence upon whtch is to be based. Teresa M. Soroka, CMC, City Clerk mmi b 81NuevollePaid www. hcreld.com Published Daily MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: TONI RICHARDSON Who on oath that she is ADVERTISING OFFICE MANAGER Of The Miami Herald Publishing Company, a daily newspaper published at Miami in Dade County, Florida; that the advertisement for '~77~ in said newspaper in the issues of: published was Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. Toni Richardson Sworn to and subscribed before me A.D. 2000 16855 N.E. 2nd Avenue, North Miami Beach, FL 33162 CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF , AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS P~J~ic Notice is hereby given that the Aventura City C;ommission, sitting as the City of Aventura Local Ptanning Agency, will meet in a public hearing on Tuesday, June 6, 2000 at 6:D0 pm to consider adoption of the following Ordinance: ~ ~AN ORDINANCE OF THE CITY OF AVENTURA, · FLORIDA, AMENDING THE CITY'S LAND , ii, DEVELOPMENT REGULATIONS, ENACTED BY '.~ ORDINANCE 99-09; BY AMENDING CHAPTER 9 IGN REGULATIONS"; BY AMENDING SECTION 1.11 -NON-CONFORMING SIGNS"; BY AMENDING :.CTION (BI "EXCEPTION TO AMORTIZATION HEDULE"; BY AMENDING PARAGRAPH 3 EREOF, SO AS TO PROVIDE FOR THE ~IRATION OF THE EXEMPTION OF OFFICE lING WALL SIGNS FROM THE AMORTIZATION ID REMOVAL REQUIREMENTS, INSTEAD OF NON-CONFORMING OFFICE BUILDING . SIGNS WHICH EXISTED ON JUNE 3, 1997, TO NUE TO RELY UPON SUCH EXEMPTION; ,ROVIDING FOR SEVERABILITY; PROVIDING FOR LUSlON IN CODE; PROVIDING FOR EFFECTIVE , following the Local Planning Agency meeting, th~ of the City of Aventura, as the governing will consider at a public hearing adoption of the above I Ordinance, at first reading, with a final reading to of 3 at a later date. ; described Public Hearings will be held commencing pm on Tuesday, June 6, 2000, at Biscayne Medical ~ Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. The proposed Ordinance may be ~i3spected by the public at the Office of the City Clerk, 2999 NE ~.~91' Street, Suite 500, Aventura, Florida· Interested parties ~y appear at the Public Hearings and be heard with respect to the proposed Ordinance. Any person wishing to address the ~:City Cornm ssion on any item at these Public Hearings is'asked , =i~ {.0i~egister with the City Clerk prior to that item being heard. , In accordance with the Americans with Disabilities Act of 1990, ~'1i ~r~c)ns who are disabled and who need special ;;c0~m-o-dations to participate in th s proceeding because of that disability should contact the Office of the City Clerk, (305) ,~66;8901, not later than two business days prior to such proceedings. f a person decides to appeal any decision made by the City ~O~rnission, as Local Planning Agency or as the governing body, with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, f~r such purpose, may need to ensure that a verbatim record of th~)roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk :he mmi tb eINuevo Herald www. herald.com www. elherald~com Published Daily MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: TONI RICHARDSON Who on oath that she is ADVERTISING OFFICE MANAGER Of The Miami Herald Publishing Company, a daily newspaper published at Miami in Dade County, Florida; that the advertisement for was published in said newspaper in the issues of: 57~ Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. Toni Richardson Sworn to and subscribed before me of__ A.D. 2000 Kelly 16855 N.E. 2nd Avenue, North Miami Beach, FL 33162 CITY OF AVENTURA NOTICE OF AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN Public notice is hereby given that the City of Aventura Commission will meet in a public hearing to consider finat adoption of the following Ordinances on second reading: AN ORDINANCE OF THE CiTY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 30th AVENUE BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. ~ (See map below) - . SITE AN ORDINANCE OF THE CiTY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213 STREET FROM BISCAYNE BOULEVARD TO NE 34th AVENUE AS A LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN B Y ADDING SIX (6) NEW POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF THE iNTERGOVERNMENTAL COORDINATION ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. The above descdbod Public Hearing wiU be held ~ Tuesday, June 6, 2000, at 6 p,m. at Biscayne Medical Arts Building, 21110 Blecayne Boulevard, Suite 101, Aventura, Florida, 33180, The propoeed Ordinances may be inspected by the public at the Office of the City Clerk, 2999 NE 191 Street; Suite 500, Aventura, Florida. thterested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances, 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 accordaece with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466.8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter ccnsidarad at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Somka MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dada County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-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/lEa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dada County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING- 6/6/00 APPLICATION NO. 02-CU-99 · XXXXX m the ............................................ Court, Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Miami- Dada County, Florida, and that the said newspaper has heretofore been continuously published in said Miami-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 Miami-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 ha her paid nor promised any person, fir or corp(z~ iscount, rebate, com- mission or re nd for t curing this advertise- ment for p Ilcati per. 2 t~O 0 0 I .'~'"' 7~;,J JANETr LLER,ENA I CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: APPLICANT NAME: APPLICANT REQUEST: APPLICATION NUMBER: LOCATION OF SUBJECT PROPERTY: LEGAL DESCRIPTION: Tuesday, June 6. 2000 6:00 p.m. TumDerry Associates, Inc, The appl,~ant is requesting Conditional Use approva~ to permit a non-commemial helistop for pnvate and emergency servic. es use on me top level of the Blooming- dale's parking garage at the Aventura Mall. 02-CU-99 19501 Biscayne Boulevard Tract 'Q" Aventura 6th Additior as re- corded in Plat Book 120 page 20 of the Public Records of Dade County. SIZE OF SUBJECT PROPERTY: 97.962 acres Plans are on tile and may be examined during regular business hours n the City ot Aventura, Community Development Department. 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or ' before the Public Heanng. The application may change dudng the hearing I)recess The Public Hearing will be held at Aventura Medical Arts Building, 21110 Biscayne Boulevard· Suite 101. Aventura, Florida, 33180. Your comments may be made in person at the headng or filed in writing prior to the nearing date. Refer to applicanUprober~y on correspondence a'nd mai; same [o City of Aventura, Community Development Deoanmem. 2999 NE 101 Street, Suite 500, Aventura, Florida, 33180. For further informa- tion, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990. all ~er- sons wiqo are disabled and who need special accommedations to dartici- · patein this proceeding because of that disability ShOUld contact the Office of the City Clerk, 466-8~01, not later than two business Clays edor to such preceediegs. It a person decides to appeal any decision made by the City Commis- sion with respect to any matter considered at a meeting or headng, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5/25 Teresa M. Soroka, CMC, City Clerk 00-3-109/57572M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dede County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-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 t/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dada County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING- 6/6/00 APPLICATION NO. 10-SV-99 XXXXX in the ............................................ Court, w ublis in ' paper in t~ issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dada County, Florida, and that the said newspaper has heretofore been continuously published In said Miami-sade 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 Mterni-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she ha * er paid nor pro~nieed mission or r d for uring this advertise- ment for ~ lie /' par. CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday June 6. 2000 6:00 p.m. APPECANT NAME: City National Bank of Florida API~UCA~TR~GUF.~T: The ttpplider~is fm~uesfl~ the following** (1) A sign variance to permit two wall signs, each 656 square teet in area on the north and south elevaUons of the Concord I office building lo- cated at 2875 NE 191 Street. where the applicant is allowed two wail signs of 240 square feet in area each: and (2) A sign variance to permit two wall signs to be located more than above the buildings rootiine. .APPLICATION NUMBER: 10-SV-99 LOCATION OF SUBJECt' PROPERTY: 2875 NE 191 Street LEGAL DESCRIPTION: T~at Dedion of the East Y~ of the ~ ~A of the Southeast V. of the Northwest ~ of Section 3, Townsh;p 52 South. Range 42 East, Miami- Dade County, Florida, lying South of the NE 192 Street imitab-access right-of-way ano ess and except the south 35.00 feet thereof for right-of-way purposes. SIZE OF SUBJECT PROPERTY: 3.69 acres Plans are on file and may be examined during regular business hours in the City of Aventura. Community Development Department, 2999 NE 191 Street. Suite 500. Aventura. Florida. 33180. Plans rney be modified at or before the Public Hearing. The application may change (]unng the headng process. The Public Hearing will be held at Aventura Medical Arts Building, 21110 Biscayne Baulevare. Suite 101 Aventura. Florida 33180. Your comments may be made in oerson at trie neanng or filed in writing pnor ;o me nearing date. Refer to applicant/property on corresponder~ce and ma same to City of Aventura. Community Development Department 2999 NE 191-Street. Suite 500, Aventura. Florida, 33180. For further informa- tion. please call (305) 466-8940. n accor(ienca with the Americans with Disabilities Act of 1990, ail Der- sons who are disabled and who need special accommodations to partici- pate 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. In a person decides to appeal any decision made by the City Commis- sion with respect to any matter considered at a meeting or heabng, that person w~ll 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 upen which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk 5/25 . .00-3-108/57571M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dada County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-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 Miami- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA PUBLIC HEARING- 6/6/00 APPLICATION NO. 04-SV-00 in the ............ .~..~..~..~. ?. · ..................... Court, w ublis in ' paper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami. 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 Miami-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 h Ither paid nor promised any parson, fir or cor discount, rebate, com- mission or r nd for t securing this advertise- ment for Ilcati paper. fore me t's 25 ~000 (SEAL) /~ *" _9C, J A N E TT _1~..E. ,.R~. N A ~ *~ MY GOMI~ON EXPIRES1 CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday June 6, 2000 APPLICANT NAME: Lockwood Sign Group for Starbucks Coffee. Inc. APPLICANT REQUEST: Request of Lockwooc~ Sign Group for Starbucks Goffee, inc. for a S3 ngn Vadan ece City's sign cooe. APPLICATION NUMBER: 04-SV-00 LOCATION OF SUBJECT PROPERTY: 19127 Biscayne Boulevard LEGAL DESCRIPTION: Tract 'A" of SOFFER REDUCH PLAT. Plat ~ook 153 at Page 56, Off,iai Records of Miami-Dade County Florida. SIZE OF SUBJECT PROPERTY: Approximately 12.59 acres the headng date. Refer to applicant/property on correspondence and mail same to City of Avemura, Community Development Department, 2999 tion, please call (305) 466-8940 If a parSOn dec[des to appeal any decision made by the City Corem[s- be based. 5/25 Teresa M. Soroka, CMC, City Clerk 00-3-110/57573M