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10-02-2001 Qty r.ntntniaalnn Jeffrey M. Perlow, Mayor A~e City of ~ventura ~ ~~, Qty MlI"Wr Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzherg Patricia Rogers-Libert City Clerk Teresa M. Soroka, CMC City AItOl7J~" Weiss Serota Helfman Pastoriza & Guedes AGENDA OCTOBER 2,2001- 6 PM (followingLPAHearing) Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF SECTION 2 OF RESOLUTION NO. 2000-52 TO ALLOW FOR THE EXISTING WALL BOX SIGN TO REMAIN ON THE WEST ELEVATION OF SPOTMASTER CLEANERS, LOCATED AT 18000 BISCA YNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. ~2, 2001 C.....:...:........ 4. ELECTION OF VICE MAYOR 5. AGENDA: Request for DeletionslErnergency Additions 6. SPECIAL PRESENTATIONS: None. 7. 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 from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: September 4,2001 Budget 1st Public Hearing September 4,2001 Commission Meeting September 13,2001 Workshop Meeting September 24,2001 Budget 2nd Public Hearing September 24,2001 Commission Meeting B. MOTION TO APPROVE THE APPOINTMENT OF ROBERT A. FRIEDMAN, HERBERT L. KLIGER J.D., AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF A VENTURA CODE ENFORCEMENT PROCESS C. MOTION TO ADOPT THE 2002 LEGISLATIVE PROGRAM AND PRIORITIES DOCUMENT D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PLANNING AGREEMENT FOR THE AVENTURA CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY OF A VENTURA AND CHARTER SCHOOLS USA AT A VENTURA, L.c., AND CHARTER SCHOOLS USA, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE (Authorizes City Manager to execute Planning Agreement for Charter Elementary School) 2 ~2,200l 0-;.;...... E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-09-14-2, BUS SHELTERS # 12 AND 13, TO VILA & SONS LANDSCAPING CORPORATION AT THE BID PRICE OF $139,423.75; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (A wards bid for construction of bus shelters as contained in CIP to Vila & Sons) 8. ORDINANCES - FIRST READINGIPUBLIC INPUT: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF A VENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARING: ORDINANCES - SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON-CONFORMING SIGNS"; BY AMENDING SUBSECTION (2) "EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON. CONFORMING MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3,1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT 3 ~2,2001 0-;.;...... REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31-144(b), 31- 144(c), 31-144(d), 31-144(e), 31-144(0, 31-145(b), and 31.145(c); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. 10. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. PUBLIC COMMENTS 13. REPORTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP OCTOBER 18, 2001 9 A.M. COMMISSION MEETING NOVEMBER 6, 2001 6 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of A ventura Advisory Boards may be in attendance. Anyone wishing to appeal.any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office oftbe City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive. Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: September 17, 2001 TO: City Commission FROM: BY: Brenda Kelley, Com SUBJECT: Request of Spotmaster Cleaners, Inc. to amend Section 2 of Resolution No. 2000-52, to allow for the existing wall box sign to remain on the west elevation of the building located at 18000 Biscayne Boulevard. October 2, 2001 City Commission Meeting Agenda Item .:5 RECOMMENDATION City staff maintains its original position of recommending approval to allow the existing wall box sign to remain on the west elevation, pursuant to the staff report dated August 18, 2000. However, staff is concemed with the precedence that may be set in that the City Commission has previously heard testimony and voted on this item at the public hearing meeting of September 5, 2000. Staff does not support the premise that if an applicant is unhappy with the decision of the City Commission, that they may petition the Commission to revise its previous decision. THE REQUEST The applicant, Alan S. Rosenthal on behalf of Spotmaster Cleaners, Inc., is requesting an amendment of Section 2 of Resolution No. 2000-52 (see Exhibit #2) to allow for the existing non-conforming second wall box sign (see Exhibit #3) on the west elevation of the Spotmaster building to remain in lieu of its replacement by a sign which would be in compliance with the current City signage regulations (see Exhibit #1 for request). BACKGROUND On September 6, 2000, the City Commission approved Resolution No. 2000-52. The applicant, Spotmaster Cleaners, Inc. requested: (1) A sign variance to allow a wall sign on the east elevation with an area of 174 square feet where 125 square feet is permitted by code; and (2) A sign variance to allow a second wall box sign on the west elevation, where only one wall sign consisting of reverse or channel letters is allowed by code (see Exhibit #4 for staff report dated August 18, 2000). Resolution No. 2000-52 issued denial for a sign on the east elevation with an area of 174 square feet where 125 square feet is permitted be code and approved a request for a sign variance to allow a second wall sign on the west elevation provided that it is a reverse or channel letter wall sign, does not exceed 125 square feet and otherwise meets all requirements of the code. Since that meeting Spotmaster Cleaners has removed the box sign under the word .Spotmaster" on the east elevation but has not yet removed the non- conforming box sign on the west elevation. Code Compliance issued a Notice of Warning to the property owner on February 12, 2001 for unlawfully maintaining a non-conforming wall sign following denial at public hearing by the City Commission for a sign variance request to allow the sign to remain. A Notice of Violation was issued on April 3, 2001. The sign was not removed and on April 17, 2001, the violator requested a Special Master Hearing. The code item was scheduled for Special Master Hearing on July 12, 2001 and has been repeatedly continued to the Special Master Hearing, now dated for October 11, 2001, pending a City Commission decision. The applicant has been advised that fines continue to accrue daily on the Violation issued. Mr. Rosenthal has continued to request that the City Commission rehear this item. By letter dated August 1, 2001, the City Manager advised how to proceed to request an amendment to Resolution No. 2000-52 (see Exhibit #5). A performance bond in the amount of $4,000 has been submitted by the applicant. 2 08/23/2001 B7:01 ROSENTHAL ROSENTHAL kHSLU ~ ~~4~~1~ NU. .I. 0'::: lJIt::.ltH LAW omCES ROSENTHAL ROSENTHAL RASCO RECEIVED ""[, ? 3 "., A~oIPlv11::tIiMd.uII:lIlfOPII COMMUNITY DEVElOPMENT EDUARDO 1. IlASCO AlA.N S.ll.OSENTItAl. KEll.ll.Y E.ll.OSJ;NTl\Al STACl H.Ge<fT JESSICA B. u\sSMAN HFA11IEl\ A. SCOTf August 23, 2001 FACSIMILE NUMBER: 305-466-8919 Mr. Eric Soroka City Manager CITY OF A VENTURA 2999N. E. 191st Street Suite 500 Aventura, Florida 33180 Of COUN$B. }lLL R. GINSBfJl.G JEROME S. HOLLO JORGE LUIS WOLf Re: Spotmaster C1eanCls - Modification to Resolution Number 2000-52 Dear Mr. Soroka: Please accept this letter as a fonna1 request on behalf of Spotmaster Cleaners, Inc. to modify Section 2 of Resolution Numbe!: 2000-52 to allow the existing wall sign on the west side of the building to remain in lieu of a sign consisting of reveJ:Se or channel letters. I would respectfully request that you place this request on the next available agenda. In conformity with your letter of August 1,2001, and in lieu of a Performance Bond, provided herewith is a check in the amount of Four Thousand ($4,000.00) Dolllll'S made payable to the City of A ventura to be held as and for a guarantee that the sign will be removed within ten (10) business days in the event the City Commission denies my client's request to modify the subject Resolution. I I. Should there be any question with regard to the above and foregoing, or the enclosed, pllease contact me, and thanking you for your courtesy and cooperation herein I remain, cc: Mrs. Brenda Kelley; Facsimile Number: 305-466-32 Ri9brd J. Woiss, Esq~; Facsimile Number; 305-854-2323 Mr. Pete!: Taylor; Spotmaster Cleaners, Inc.; Facsimile Number: 305-935 -3154 BY Cordially, --- ASR:cw Turnberry Piau. Su.it~ 500. 2875 Nort~ 191s1 5ue.et.A~mra, Flottda 33180 305.937.0300 I fia; 3~.937.131l1 E-mail: Iawofllccs8lol.com EXHIBIT #1 08/23-'2001 07:01 ~N1HHL ~U~NIHHL ~H~LU ~ ~J4~~1~ l'4U. .Lo..::. vt.Jt:Jo<::. , y .. SPOTMASTER CLEANERS INe 17900 BISCAYNE BOULEVARD NORTH MIAMI BEACH. FL 83160 i ~~OF Cd-y cF' A~ ! Jet).., -l-haJ5att7 doJ.)O/Ip AUNION PlANTERS BANK fOR {~ i "DO .I,B 711'- I:O!; 70081, .1,1: ~ - DATE- 1 14871 ~ . i i 4 1 ! Qo6411a1U """"'..... &jag/Of r-~.--_. I $ j 4rrn.cx::> OOLLA~5 m !!!'...~ ~~~ I' .0100 .. i , , f RESOLUTION NO. 2000-52 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DENYING A SIGN VARIANCE FOR SPOTMASTER CLEANERS, LOCATED AT 18000 BISCAYNE BOULEVARD, TO PERMIT A WALL SIGN ON THE EAST ELEVATION WITH AN AREA OF 174 SQUARE FEET WHERE 125 SQUARE FEET IS PERMITTED BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A SECOND WALL SIGN, NOT TO EXCEED 125 SQUARE FEET AND THAT OTHERWISE MEETS ALL REQUIREMENTS OF THE CODE, ON THE WEST ELEVATION OF THE BUILDING WHERE ONE WALL SIGN IS PERMITTED 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, Spotmaster Cleaners, through Application No. 07-SV- 00, has requested the following: 1) A sign variance to allow a wall sign on the east elevation with an area of 174 square feet where 125 square feet is permitted by code; and 2) A sign variance to allow a second wall box sign on the west elevation, where only one wall sign consisting of reverse or channel letters is allowed by code. 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. EXHIBIT #2 Resolution No. 2000-52 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 07-SV-OO for Sign Variance to allow a wall sign on the east elevation with an area of 174 square feet where 125 square feet is permitted by code, on property legally described as: Lot 8, Maule Federal Highway Industrial Sites, as recorded in Plat Book 46, Page 55 of the Public records of Miami-Dade County, Florida. aka Spotmaster Cleaners, 18000 Biscayne Boulevard is hereby denied. Section 2. Request for a Sign Variance to allow a second wall box sign on the west elevation, is hereby approved only to allow one reverse or channel letter wall sign, size not to exceed 125 square feet and that otherwise meets all requirements of the code, where only one wall sign is allowed by code. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Perlow, who moved its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes Resolution No. 2000-,22 Page 3 PASSED AND ADOPTED this 5th day of September, 2000. APPROVED AS TO LEGAL SUFFICIENCY: ~tL-l:( '\- "- CITY ATTbRNEY This Resolution was filed in the Office of the City Clerk this L day of September, Exhibit 3 CITY OF A VENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: City commission. .r Eric M. Soroka, Cre r Brenda Kelley, Commu' D velopment Direc~ August 18, 2000 V U TO: FROM: BY: SUBJECT: Request of Spotmaster Cleaners for Sign Variances (07-SV-00) September 5, 2000 City Commission Meeting Agenda Item SA RECOMMENDATION It is recommended that the City Commission: 1. Deny the request for the east elevation Wall Sign with an area of 174 square feet where 125 square feet is permitted by Code; and, 2. Approve the request for a second Wall Box Sign on the west elevation where one Wall Sign consisting of reverse or channel letters is permitted by Code. THE REQUEST The applicant, Spotmaster Cleaners, is requesting the following: (See Exhibit #1 for Letter of Intent) 1. Sign Variance to allow a Wall Sign on the east elevation with an area of 174 square feet where 125 square feet is permitted by Code; and, 2. Sign Variance to allow a second Wall Box Sign on the west elevation, where only one Wall Sign consisting of reverse or channel letters is allowed by Code. EXHIBIT #4 BACKGROUND OWNER OF PROPERTY LOCATION OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION City of Aventura Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Existing Land Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: PIA Enterprises, Inc. 18000 Biscayne Boulevard (see Exhibit #2 for Location Map) Approximately 0.21 acres Lot 8, Maule Federal Highway Industrial Sites, as recorded in Plat Book 46, Page 55 Public Records of Miami-Dade County B2, Community Business District B2, Community Business District B2, Community Business District B2, Community Business District FEC Railway Lands Business and Office Business and Office Business and Office Business and Office FEC Railway Lands Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: FEC Railway Lands The Site - The subject site, Spotmaster Cleaners, is located at 18000 Biscayne Boulevard, north of NE 179 Street (see Exhibit # 2 for location map). The Project - Spotmaster Cleaners wishes to retain its existing signs on the east (Biscayne Boulevard) and west (West Dixie Highway) frontages of its building. Citizen Comments - The Community Development Department has received written citizen comments, as attached. 2 Miami-Dade County Comments - Miami-Dade County has no objection to the applicant retaining the existing sign on the west elevation of its building. This sign can only be seen from properties under the jurisdiction of the County. It is not visible from the City of Aventura. ANALYSIS Community Development Department Analysis - The applicant, Spotmaster Cleaners, previously maintained four signs on its building, one on each elevation. (See Exhibits #3, #4, #5 and #6 for location and type of sign). It has removed the box signs from the north and south elevations and now seeks a variance to retain the signs on the east (Biscayne Boulevard) and west (West Dixie Highway) elevations. One wall sign with reverse or channel letters measuring 125 square feet is permitted by Code. The sign must be no more than 50% above the roof1ine and cannot display products or services. The sign on the east (Biscayne Boulevard) elevation measures 174 square feet, is on a raceway and contains a box sign with services, as shown on Exhibit #3. The applicant proposes to remove the box sign with services. Section 901.3 of the City's Land Development Regulations permits raceways where no alternative method of attachment is possible. In this case, due to the slope and construction of the roof, it is not possible to attach the individual letters without a raceway. The sign also appears to be more than 50% above the roofline, however, staff has inspected the building and finds that the roofline is at the top of the tile shown in Exhibit #3. The sign, therefore, is approximately 25% above the roof1ine and does not need to be lowered, as suggested in the applicant's letter of intent, in order to comply with this requirement of the Sign code. The sign on the west 0Nest Dixie Highway) elevation is an illuminated box sign not permitted by Code (see Exhibit #4). The applicant submits that this sign cannot be seen from the City of Aventura and serves important directional purpose for those traveling along NE 179 Street. Staff has contacted Miami- Dade County and it has advised that it has no objection to the continued maintenance of this sign. Criteria The criteria for approval of Sign Variances set out in Section 901.10 (h) of the City of Aventura Land Development Regulations is as follows: 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 3 surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. Request #1: Sign Variance to allow a Wall Sign on the east elevation measuring 174 square feet, where 125 square feet is permitted by Code. This request does not preserve or enhance the unique character of the City and is in conflict with the basic intent and purpose of the ordinance. The applicant has agreed to remove the existing box sign underneath the channel letters, however. the remaining channel letters are larger in area than permitted by Code. Although staff is recommending denial of this request for variance due to the size of the sign, it should be noted that Section 901.11 of the City's Land Development Regulations provides that channel letter signs that otherwise meet the requirements of the Code and are not more than twice the size allowed by Code may remain until June 3, 2002. Therefore, if the applicant removes the box sign underneath the letters, this section of the Code allows maintenance of the sign for an additional two years. Request #2: Sign Variance to allow a second Wall Sign on the west elevation where onlv one Wall SiQn is allowed by Code. This request does preserve or enhance the unique aesthetic character of the City and is not in conflict with the basic intent and purpose of the Ordinance. This is a unique situation in that the sign is not visible from the City of Aventura and therefore does not contribute to visual pollution. It is effective in indexing the environment for those traveling along NE 179 Street and West Dixie Highway. RECOMMENDA liON It is recommended that the City Commission: 1. Deny the request for the east elevation Wall Sign with an area of 174 square feet where 125 square feet are permitted by Code; and 2. Approve the request for a second Wall Box Sign on the west elevation where one Wall Sign consisting of reverse or channel letters is permitted by Code. 4 ROSENTHA: ROSENTHAL RASCO A pllnocnhip of Professiunal A..\Soci...(i(ln.~ EXHIBIT #1 EDUARDO I. RASCO AU.N S. ROSEI'f!lIAL KERRY E. ROSENTHAL STACI H. GENET JESSICA B. LASSMAN GARY IAN NESBlTI July 20, 2000 07-SV-OO OF COUNSEl.. JEROME S. HOLLO JORGE WIS WOLF City of A ventura Planning and Zoning 2999 N. E. 191st Street Suite 500 Aventura, Florida 33180 Re: Application For Sign Variance Spotmaster Cleaners Ladies and Gentlemen: The Applicant occupies a free-standing building on Biscayne Boulevard that is located immediately north of the intersection of Biscayne Boulevard and 179tlt Street, which runs east and west from Biscayne Boulevard to West Dixie Highway. The Applicant currently has four signs on his building, and has voluntarily removed two of the signs that are non-conforming under the new City Code, however, seeks to retain two signs that would require three variances, to-wit: Biscavne Boulevard Sign 1. Exceeds size authorized by Code. West Dixie Highwav Sign 1. A second sign unauthorized by Code. 2. Box sign unauthorized by Code. The sign facing Biscayne Boulevard was constructed and installed approximately 3\12 years ago under the Code provisions of Metropolitan Dade County, which authorized a sign of 179 square feet. The sign further contained descriptive language within a box sign, which the Applicant has agreed to remove and has likewise agreed to lower the sign so as to comply with City Code Turnberry Plaza, Suite 500,2875 Northeast 191st Street, Aventura, Florida 33180 305.937.0300 I Fax: 305.937.1311/ E-mail: Lawoffices@aol.com City of Aventura 2 July 20, 2000 requirements. Except for the sign exceeding the current Code requirements, the sign will be in compliance when the box portion of the sign is removed and it is lowered so as not to exceed the roof height. The Applicant has expended $18,000.00 for the construction of the sign and its installation, and it is unquestionably esthetically pleasing and certainly not in any way objectionable appearance wise. It would create an undue burden and hardship on the Applicant to be required to replace the sign with one oflike quality, in that the cost would be prohibitive. It is respectfully submitted that the sign facing West Dixie Highway cannot be seen from the City of Aventura, as it faces West Dixie Highway. The sign provides notice and information to those traversing West Dixie Highway as to the location of the Applicant. It is not a sign primarily used for advertising but one for direction to those patrons who wish to traverse 179th Street from west to east and avoid the necessity of adding to the traffic currently causing major traffic jams at Miami Gardens Drive. The utilization of this sign for information purposes and for direction is important for traffic safety and would not, as indicated, be visible from Biscayne Boulevard or the City of Aventura. It is therefore respectfully requested that this Board approve the variances necessary to allow the subject signs to remain on the Spotmaster building located at 18000 Biscayne Boulevard. BY - HAL_ ----- Respectfully submitted,.,/ -- ..- " ..-' ROSENTHAI;'ROS // AI; ASR:cw Enclosure ROSENTHAL ROSENTHAL RASCO A pannership of Professional As~iations Turnberry Plaza, Suite 5OO,287S Northeast 191st Street,Aventura, Florida 33180 ~Oc;_9~"JHnO I Fax: l,O"9~J 11, 11 / E-mail: lawoffices(IDaol,coOl ftil'ri-'t , ~ f I " t East Elevation Sign EXHIBIT #3 07-SV-OO . / ~. . s~~ ~-- EVER EXTRA CHARGE IN by 1D ..m./ OUT by 6 p.m...N I r " West Elevation Sign EXHIBIT #4 07-SV-OO North Elevation Sign Removed EXHIBIT #5 07-SV-OO ~ i ---. South Elevation Sign Removed EXHIBIT #6 07-SV-OO CITY OF AVENTURA GOVERNMENT CENTER 2,999 N.E. 191sT STREET SUtTE 500 AVENTURA, FLORtDA 33180 ARTHUR I. SNYDER MAYOR ARTHUR BERGER VICE MAYOR March 17, 1997 COUNCILMEMBERS JAY R. BESKIN KEN COHEN HARRY HOLZBERG JEFFREY M. PEP-LOW PATRICIA ROGERS-LIBERT PIA Enterprises, Inc. 18000 Biscayne Boulevard Miami, FL 33160 ERIC M. SOROKA CITY MANAGER re: Sign permit applications, Spotmaster, U .".~!I~lii~v"fifd . Dear Owner: The City is in receipt of Art Sign Company applications for three (3) cabinet signs at 18000 Biscayne Boulevard. Please be advised that the City of Aventura will shortly be adopting new signage regulations that may affect you in the near future. These new requirements will prohibit box/cabinet wall signs altogether and will only allow one sign per business. Additionally, new regulations will most likely require the removal of existing signs not meeting Code requirements within a short timeframe. Therefore, I am sure you realize the significant costs involved with the installation of these box/cabinet wall signs, at this time, and the removal of such in the very near future. I feel that you may want to consider installing individual channel letter sign(s), if any, at this time. I will be waiting for a written response to this letter prior to proceeding with the processing of your permit application. Please feel free to contact me at (305) 466-8947 with any questions you may have. Sincerely, ptJZA- ~ l~ Brenda Kelley Planner cc: Eric Soroka, City Manager Jaye Epstein, Community Development Director Art Sign Company nl'ller/spotmaster031797 PHONE: 305-466-8900 . FAX: 305-466-8939 AUG 29 2000 /fft?d-/ ~~ ~ 10<1::>/ COMMVNr,.v llEV..YJPMENT ~~~ ';;'9997)'7/9Ik ~..5~o ~Cv '7'--1 :33130 / J).L-~ ~ v7.- 7na-d~ : ~;J ~;CoU/~~~ ic~~cL~U-u~~ aX Ig!)tJo~~ . , ~~r~~ ~~j-/-4/- f~~~~~~1-~ ~d- a..- ~/'- ~c.L- -Jov t:U~~ o-v~~~ ~ r71'I-~~ ~~ ~. ~::f,.t. 3310c) 1 Llvv;r J) 7 I ;;"00 0 W..e-: ~it: 07_5V-oO ~~~~/ E~;t~~~ RECeNED :L;;JJ~ ~ }y~flm~~(~: j2J~p.~~. -p 0 7-S' Y-oo r n h UfIj OX IfJ()-1-O ~~i ~/~~. '3 '>;/(qo - ~ H~-7~rr4 V- 1>> aktv-e ~ h ~ Cl-1A- ~~ <d-cfl4~~ r ~( ~ Ar'- ~I ~V~ RfCf''Ifl1 411(, ~ " ., :1 )lIn CO/.(/.(IINm ^.. 0 Y UtVflOP/.(ENr AUG 3 0 ?/l00 COMMUNITY OEVE lOPMENT ~1~0/ .?-999 ?J.t-I'II.,Jr- ~/6&& /$ 0.::/ / I~ Etu-d- ~CA--o{ :;r~. 3JJ bp ~ ~ Cj / J.-evO?/ ~~/-:JL33Joo /v -; !1AI'y]v-.fir )/}'1 / ~ '~ ~r.d-v./t-cr r~ 'V~~ o 7<SV-oO: . ''.JL/~.uhCdL~r~~ft ~ ;U ;due r,zz,,% '/'<.- ~ ;. ~ ~/A1~ ~~~ (;l-~ IgOOop~~~ 'h/~-t/~ ~u~'~i~~' ~~~';fi L~ j;t G-,{4-1/Vl- cu.^- ~ J {) 0/ 7f~d~~<Vr1- ~7c)b City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager August 1, 2001 Mr. Alan S. Rosenthal Rosenthal, Rosenthal, Rasco, et al. Turnberry Plaza, Suite 500 2875 N.E. 191st Street Aventura, Florida 33180 Re: Spotmaster Cleaners - Sign Variance Request, Resolution No. 2000-52 Dear Mr. Rosenthal: Reference is made to your letter dated July 5, 2001 regarding the above subject and your request to re-hear then subject application. On September 6, 2000, the City Commission approved Resolution No. 2000-52. The applicant, Spotmaster Cleaners, Inc. requested: (1) A sign variance to allow a wall sign on the east elevation with an area of 174 square feet where 125 square feet is permitted by code; and (2) A sign variance to allow a second wall box sign on the west elevation, where only one wall sign consisting of reverse or channel letters is allowed by code. Resolution No. 2000-52 issued denial for a sign on the east elevation with an area of 174 square feet where 125 square feet is permitted by code and approved a request for a sign variance to allow a second wall sign on the west elevation provided that it is a reverse or channel letter wall sign, does not exceed 125 square feet and otherwise meets all requirements of the code. Since that meeting Spotmaster Cleaners has removed the box sign under the word 'Spotmaster" on the east elevation but has not yet removed the non-conforming box sign on the west elevation. Code Compliance issued a Notice of Warning to the property owner on February 12, 2001 for unlawfully maintaining a non-conforming wall sign following denial at public hearing by the City Commission for a sign variance request to allow the sign to remain. A Notice of Violation was issued on April 3, 2001. The sign was not removed and on April 17 , 2001, the violator requested a Special Master Hearing. EXHIBIT #5 PHONE: 305-466-8910 . FAX: 305-466-8919 www.cityofaventura.com The code item was scheduled for Special Master Hearing on July 12, 2001 and continued to the Special Master Hearing of August 16, 2001. After conferring with the City Attorney's Office, I offer the following: 1. The request should be treated as a modification to Section 2 of Resolution No. 2000- 52, not an appeal of a denial as originally requested in your letter. 2. The City's Land Development Regulations prohibit the resubmission of an application after denial for a period of one year. There fore the request cannot be heard until after September 6, 2001. Based on the foregoing, you will need to submit a formal request to modify Section 2 of Resolution No. 2000-52. Then this matter may be placed on the next available agenda. However, as you are aware a code violation exists on the site relative to the sign in question. I will be requiring the posting of a performance bond in the amount of $4,000 at the time the application is filed to insure that the sign is removed within twenty four hours, if the City Commission denies the new request. Please be advised that if the City Commission denies your request for modification of Resolution No. 2000-52, the item will still be heard by the Special Master who may assess fines in the amount of $250 per day, pursuant to the Notice of Violation that was issued. If you have any questions, please feel free to contact me. Since EMSI Attachment cc: Brenda Kelley, Community Development Director City Commission City Attorney RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF SECTION 2 OF RESOLUTION NO. 2000-52 TO ALLOW FOR THE EXISTING WALL BOX SIGN TO REMAIN ON THE WEST ELEVATION OF SPOTMASTER CLEANERS, LOCATED AT 18000 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District, a non-residential district; and WHEREAS, the Applicant, Spotmaster Cleaners, through Application No. 07-SV- 00, had requested the following at a properly noticed public hearing of September 5, 2000: 1) A sign variance to allow a wall sign on the east elevation with an area of 174 square feet where 125 square feet is permitted by code; and 2) A sign variance to allow a second wall box sign on the west elevation, where only one wall sign consisting of reverse or channel letters is allowed by code. WHEREAS, the City Commission denied a sign variance to allow a wall sign on the east elevation with an area of 174 square feet where 125 square feet was permitted by code; and WHEREAS, by and through Section 2 of Resolution No. 2000-52, the City Commission approved a sign variance to allow a second wall box sign on the west elevation, only as one reverse or channel letter wall sign, size not to exceed 125 square feet and that otherwise meets all requirements of the code, where only one wall sign was allowed by code; and Resolution No. 2001- Page 2 WHEREAS. the applicant wishes to modify Section 2 of Resolution No. 2000-52 to allow the existing wall box sign on the west elevation to remain; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent this request is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Modification of Section 2 of Resolution No. 2000-52 to allow the existing wall box sign to remain on the west elevation of the building, on property legally described as: Lot 8, Maule Federal Highway Industrial Sites, as recorded in Plat Book 46, Page 55 of the Public records of Miami-Dade County, Florida aka Spotmaster Cleaners, 18000 Biscayne Boulevard is hereby approved, and Section 2 of Resolution No. 2000-52 is hereby accordingly modified and superceded. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: , who moved , and upon being Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No. 2001- Page 3 PASSED AND ADOPTED this 2nd day of October, 2001. Jeffrey M. Perlow, Mayor ATTEST: 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 October, 2001. Teresa M. Soroka, CMC, City Clerk ~ . "'.,~ MINUTES CITY COMMISSION MEETING 1ST BUDGET PUBLIC HEARING SEPTEMBER 4, 2001 5:45 PM Government Center 19200 West Country Club Drive Aventura, FL33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:47 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, 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. 2. PLEDGE OF ALLEGIANCE: Don Brodey led the pledge of allegiance. 3. PUBLIC HEARINGS: ORDINANCES - FIRST READING: 2001/2002 BUDGET A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 3.34% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2001 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 19, 2001, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 200112002 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY AND A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Rogers-Libert. Mayor Perlow opened the public hearing. Don Brodey, 20281 East Country Club Drive, addressed the Commission. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. Mr. Soroka announced the second Budget Public Hearing is scheduled for September 24, 2001 at 5:45 p.m. at Government Center, 19200 West Country Club Drive, Aventura, Florida. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 5:55 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 ~ " MINUTES CITY COMMISSION MEETING SEPTEMBER 4, 2001 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:57 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, 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. 2. PLEDGE OF ALLEGIANCE: 3. ZONING HEARINGS: None 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: Commissioner Berger requested removal of item 6-0 and item 6-G. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: A. Minutes were approved with amendments as follows: August 7,2001 Commission Meeting Mayor Perlow requested amendment to clarify in paragraph 10 hand-held cellular phones. August 17, 2001 Workshop Meeting Commissioner Rogers-Libert requested amendment to provide in Item 1 Consensus that the Mayor exercise his prerogative in voting at the upcoming Florida League of Cities Conference in Orlando. B. Resolution No. 2001-59 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-08-10-2, NE 30TH AVENUE DRAINAGE IMPROVEMENTS, TO SOLO CONSTRUCTION CORPORATION AT THE BID PRICE OF $925,237.90. 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. C. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $27,280 FOR TRAFFIC VIDEO MONITORING STUDY, SATELLITE VIDEO SYSTEM AND EQUIPMENT AND FIREARMS STORAGE RACK FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED AUGUST 28, 2001 E. Resolution No. 2001-60 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "AVENTURA BAY VILLAS" PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH % OF THE SOUTH Y4 OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST AND PORTIONS OF LAND IN THE SOUTH Y2 OF THE SOUTH Y2 OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2001-61 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR THE AVENTURA GOVERNMENT CENTER, BY AND BETWEEN THE CITY AND JAMES A. CUMMINGS, INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. Resolution No. 2001-62 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC. FOR THE PROVISION OF FIREWORKS DISPLAYS AS SET FORTH IN RFP 01-8-29-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE 2 DATE. The following items were removed from the Consent Agenda and addressed separately: D. 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 THE ATTACHED CONTRACT FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ., AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, and seconded by Vice Mayor Cohen. An amendment was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed to provide in the second sentence of Section VIII "Such costs that are incurred between BOOK and the CITY". The motion for approval, as amended, passed unanimously and Resolution No. 2001-63 was adopted. G. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA, ACCEPTING DEED AND EASEMENT CONCERNING DEDICATION OF TWO ACRE PARCEL OF LAND TO THE CITY OF AVENTURA FOR USE FOR CITY SCHOOL OR OTHER CITY PURPOSES, SAID LAND BEING SITUATED NORTH OF NORTHEAST 183RD STREET AND EAST OF NORTHEAST 31ST AVENUE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. Mr. Soroka noted amendments to Easement Agreement and Special Warranty Deed. The motion for approval passed unanimously and Resolution No. 2001-64 was adopted. 7. ORDINANCES - FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: 3 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON- CONFORMING SIGNS"; BY AMENDING SUBSECTION (2) "EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON-CONFORMING MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Holzberg and seconded by Commissioner Rogers-Libert. There being no public input, the motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31-144(b), 31-144(c), 31-144(d), 31-144(e), 31- 144(f), 31-145(b), and 31-145(c); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Grossman and seconded by Commissioner Rogers-Libert. There being no public input, the motion for approval passed unanimously by roll call vote. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: A. Mr. Wolpin read the following ordinance by title: 4 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH OR FROM APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Cohen and seconded by Commissioner Rogers-Libert. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. An amendment was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert to eliminate in paragraph 3(b) the words "at any time" and insert "within 30 days". Commissioner Beskin and Commissioner Rogers-Libert withdrew the amendment. An amendment was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed to amend 3(b) after "Except as prohibited by law or regulatory standards, if a member of the City Commission or any City Advisory Board learns," to add "or with the exercise of due diligence, should have learned, . . .." The motion for approval, as amended, passed unanimously by roll call vote and Ordinance No. 2001-10 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Cohen and seconded by Commissioner Rogers-Libert. Mayor Perlow opened the public hearing. There 5 being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2001-11 was enacted. 9. RESOLUTIONS: None. 10.0THER BUSINESS: None. 11. PUBLIC COMMENTS: None. 12. REPORTS: As presented. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:09 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. 6 ~ . MINUTES COMMISSION WORKSHOP MEETING SEPTEMBER 13, 20019 AM Aventura Government Center 19200 w. Country Club Drive Aventura, Florida 33160 The meeting was called to order at 9:00 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, 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. ECONOMIC DEVELOPMENT ADVISORY BOARD APPLICANTS: Commission discussed 13 applications received. CITY MANAGER SUMMARY: Consensus to select Davide Carbone, Ray Leightman and Bruce Perry, and interview Alfred Golden, Ron Rodriguez, Arthur Barr, Leonard Brenner, Paula Berliner, David Arnovitz, Leo 2ern and Robert Lieberman. City Manager to notify those appointed as of this date and explain in detail requirements for service, including financial disclosure. 2. COMMUNITY SERVICES ADVISORY BOARD APPLICANTS: Commission discussed 16 applications submitted. CITY MANAGER SUMMARY: Consensus to select Phillip Sturtz, Manuel Grife, Stephanie Trump, and interview Deborah Carr, Melissa Garey, Morton Deutsch, Seymour London, Larry Orenstein, Madeline 2ern, Joni Braunstein, Ted Cohen, and Miles Kuttler. City Manager to notify those appointed as of this date and explain in detail requirements for service, including financial disclosure. 4. LEGISLATIVE PRIORITIES - 2002: City's Lobbyist, Ron Book, provided update of legislative progress last year and status to date and discussed proposed priorities for 2002. CITY MANAGER SUMMARY: Consensus that proposed 2002 legislative program, as presented, be placed on October 2nd agenda for approval. Commission to discuss in the future a program to assist the elderly. 3. AVENTURA CULTURAL CENTER FOUNDATION: Revised Articles of Incorporation distributed to Commission for review, with sample similar documents. CITY MANAGER'S SUMMARY: Consensus to defer to October Workshop meeting. 5. TRAVEL EXPENSES IVice Mavor Cohen): Vice Mayor Cohen discussed amendment to travel expenses policy to provide that Commission members who are serving on local, state and national league committees be provided travel, hotel and related expenses to fulfill service on such committees. CITY MANAGER SUMMARY: Consensus to amend resolution to raise travel expenditure to $4,000 beginning fiscal year 2001 and provide additional travel-related expenses for Commissioners to fulfill their service, if any, on local, state, and national league committees or other municipal-related committees, as approved by Commission. Consensus that Commissioners now appointed to committees are approved and approval to be ratified at October Commission meeting. 7. DELEGATE TO NLC (Mavor Perlow): Discussion ensued as to appointment of delegates to league conferences. CITY MANAGER SUMMARY: Policy established by Mayor as follows: Mayor to be designee if he is attending, in his absence, Vice Mayor to be delegate, or if neither attending, Mayor to appoint delegate. As to this year's NLC Conference, Commissioner Rogers-Libert delegate, alternates Commissioners Holzberg and Cohen. 6. CAMPAIGN FINANCING REFORM (Vice Mavor Cohen): Vice Mayor Cohen requested City Attorney's opinion as to City's position on campaign financing reform. City Attorney's opinion that campaign financing is pre-empted and addressed by state statute and advised against City establishing its own legislation. Commission discussed adding campaign donations to current disclosure ordinance. CITY MANAGER SUMMARY: City Attorney to draft resolution to submit to state urging campaign finance reform. Commissioners serving on league Committees to discuss the issue with those committees. Issue to be considered as a legislative priority for 2003. City Attorney to research process whereby Tucson, Arizona was able to enact campaign financing limitations. 8. CITY CHORUS (Commissioner Beraer): Commissioner Berger updated Commission on his recent meetings regarding City orchestra (report to be deferred to a later workshop) and chorus. CITY MANAGER SUMMARY: Consensus that City Manager research other cities who have such a program and report back to Commission. City Manager updated Commission on progress of charter school process. City Manager discussed City's plans for security during high holy days. City Attorney to amend termite ordinance to address at future meeting. City Manager announced next Workshop Meeting for October 18, 2001. 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 2:00 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2001. 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 ~ . MINUTES CITY COMMISSION MEETING 2nd BUDGET PUBLIC HEARING SEPTEMBER 24, 2001 5:45 PM Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:45 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney Steven W. Zelkowitz. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Bob Hollander led the pledge of allegiance. 3. PUBLIC HEARINGS: ORDINANCES - SECOND READING: 2001/2002 BUDGET A. Mr. Zelkowitz read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 3.34% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2001 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. Mayor Perlow 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. 2001-12 was enacted. B. Mr. Zelkowitz read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 19, 2001, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2001/2002 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY AND A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Charles Braverman, 3370 Hidden Bay Drive. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2001-13 was enacted. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 5:54 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 The Qy ci AW.t1iUia it MINUTES CITY COMMISSION MEETING SEPTEMBER 24, 2001 5:50 PM Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:56 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney Steven W. Zelkowitz. As a quorum was determined to be present, the meeting commenced. 2. CONSENT AGENDA: Commissioner Beskin requested removal of item 2A from the Consent Agenda. Commissioner Rogers-Libert requested removal of item 2C from the Consent Agenda. A motion for approval of the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger, and the following action was taken: B. Resolution No. 2001-65 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 99-48 WHICH ESTABLISHES PROCEDURES FOR COMMISSION TRAVEL AND EXPENSES; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2001-66 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S PROPERTY AND LIABILITY INSURANCE TO THE FLORIDA MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE The following items were removed from the Consent Agenda and addressed separately: A. Mr. Zelkowitz read the following motion: MOTION TO ACCEPT AND AUTHORIZE CITY MANAGER TO FILE AVENTURA CHARTER ELEMENTARY SCHOOL APPLICATION WITH THE MIAMI-DADE COUNTY SCHOOL BOARD A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Berger. An amendment was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert to amend the agreement to eliminate all provisions for preference to a child of a member of the governing board. The amendment passed unanimously. Commissioner Berger expressed his concern that #5 of the Long Range Goals was too narrow. Michael Strader, Senior Vice President of Charter Schools USA, addressed the Commission and noted that this had been eliminated from the long-range goals. Commissioner Berger requested that this matter be readdressed to consider broadening this long range goal for re-placement in the application. The motion, as amended, passed unanimously. C. Mr. Zelkowitz read the following motion: MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF COMMISSIONER PATRICIA ROGERS-LIBERT TO THE FLORIDA LEAGUE OF CITIES' URBAN ADMINISTRATION COMMITTEE AND NATIONAL LEAGUE OF CITIES' COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE; AND VICE MAYOR KEN COHEN TO THE FLORIDA LEAGUE OF CITIES' CRIMINAL JUSTICE, ETHICS AND PERSONNEL COMMITTEE; FEDERAL ACTION STRIKE TEAM AND NATIONAL LEAGUE OF CITIES' PUBLIC SAFETY AND CRIME PREVENTION COMMITTEE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. An amendment was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed to include Commissioner Rogers-Libert's appointment to the Federal Action Strike Team; the appointment of Commissioners Jay R. Beskin and Harry Holzberg to the Florida League of Cities' Municipal Finance and Taxation Committee; and the appointment of Commissioner Arthur Berger to the National League of Cities' Human Development Policy Committee. The motion, as amended, passed unanimously. 3. RESOLUTIONS: A. Mr. Zelkowitz read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE AVENTURA CHARTER 2 ELEMENTARY SCHOOL FACILITY BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLHOUSE DEVELOPERS, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, and seconded by Commissioner Rogers-Libert. The motion for approval passed unanimously and Resolution No. 2001-67 was adopted. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:30 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. 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City Manager DATE: September 24,2001 SUBJECT: Appointment of Special Masters for Code Enforcement Process October 2, 2001 City Commission Meeting Agenda Item 1-.6 Recommendation It is recommended that the City Commission ratify the City Manager's appointment of Robert A. Friedman, Esq, Herbert L. Kliger, J.D. and Barbara Buxton, Esq as Special Masters for the City of Aventura Code Enforcement Process. Backaround Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process provides for the City Manager to appoint Special Masters, subject to City Commission ratification, for a term of one year. The above-referenced individuals are submitted to you for appointment as Special Masters. Mr. Friedman and Mr. Kliger currently serve as Special Masters. Ms. Buxton has been added for the first time. Her resume is attached. If you have any questions please feel free to contact me. EMS/tms PRESENT EMPLOYMENT SPECIAL MASTER LICENSES EDUCATION EXPERIENCE LEGAL BARBARA BUXTON A ventura Corporate Center 2080 I Biscayne Boulevard, Suite 303 Aventura, Florida 33180 Telephone: (305) 932-2293, Facsimile: (305) 933-0334 LAW OFFICES OF BARBARA BUXTON, P.A., Aventura, Florida Areas of practice: Estate Planning, Wills, Trusts, Probate and Trust Administration, Guardianships, Medicaid Planning, Asset Protection, Charitable Planning, Real Estate and Contract Law, December 1998 to present. BROW ARD COUNTY VALUE ADJUSTMENT BOARD, Government Center Fort Lauderdale, Florida Presided over Homestead Exemption hearings, Agricultural Exemption hearings and Good Cause hearings, August 1997 to July 1999. STATE BAR OF FLORIDA, January 1990. STATE BAR OF TEXAS, November 1987. UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS, August 1991. UNIVERSITY OF MIAMI SCHOOL OF LAW, Miami, Florida Graduate Program in Estate Planning LL.M., December 1995. ST. MARY'S UNIVERSITY SCHOOL OF LAW, San Antonio, Texas J.D., May 1987. UNIVERSITY OF MICHIGAN, Ann Arbor, Michigan B.A. (Psychology), December 1974. LAW OFFICE OF ALICE REITER FELD, Tamarac, Florida Areas of practice: Estate Planning, Wills, Trusts, Probate and Trust Administration, Medicaid Planning, Real Estate and Contract Law, December 1996 to January 1998. BARBARA BUXTON, ATTORNEY AT LAW, Coral Springs, Florida Areas of practice: Estate Planning, Wills, Trusts and Probate, June 1993 to December 1996. BRAZELL & BUXTON, COrPus Christi, Texas Areas of practice: General, Criminal & Civil Litigation, Family, Probate and Real Estate Law, January 1991 to June 1992. ASSISTANT DISTRICT ATTORNEY for 105th Judicial District Court including Nueces, Kleberg and Kenedy Counties, COrPus Christi, Texas Prosecuted felony crimes, managed the intake of felony crimes and presented cases to grand jury, litigated bond and asset forfeiture cases, December 1988 to December 1990. EXPERIENCE LEGAL BANKING EXPERIENCE MEDIATION MEDIATION TRAINING PROFESSIONAL ASSOCIATIONS MEMBERSHIPS REFERENCES JUDICIAL INTERNSHIP, 37th Judicial District Court, San Antonio, Texas January 1986 to May 1987. CLINICAL INTERNSHIP, Bexar County Legal Aid, San Antonio, Texas January 1986 to May 1987. ASSISTANT VICE PRESIDENT AND TRUST ADMINISTRATOR, NationsBank of Florida, N.A., Miami, Florida Administered trust estates valued from $250,000.00 to $20,000,000.00, and invested portfolios valued from $250,000.00 to $1,000,000.00, August 1993 to June 1995. MEDIATOR, Nueces County Dispute Resolution Service, Corpus Christi, Texas October 1991 to May 1992. FLORIDA INTERNATIONAL UNIVERSITY, THE LEGAL STUDIES INSTITUTE UNIVERSITY OUTREACH AND MEDIATION SERVICES, INC., Miami, Florida 40 hours of Circuit Civil Mediation Training. February, 2001; NUECES COUNTY DISPUTE RESOLUTION SERVICES, Corpus Christi, Texas 40 hours of Basic Mediation Training, October, 1991; 24 hours of Family Mediation Training, May 1992. Florida State Bar-Elder Law; Tax; Real Property, Probate and Trust Sections Broward County Estate Planning Council Professional Advisory Conunittee of the Jewish Conununity Foundation of the Greater Miami Jewish Federation Professional Advisory Conunittee of the Jewish Conununity Foundation of Broward County Miami-Dade County Bar Association Broward County Bar Association-Elder Law; Real Property, Probate and Trust Sections Miami-Dade County Put Something Back Florida Association for Women Lawyers Broward County Women Lawyers Association Texas Bar Association Corpus Christi Bar Association American Association of University Women OWL of Southeast Florida Available upon request. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: 2002 Legislative Programs a Priorities October 2, 2001 City Commission Meeting Agenda Item 1- C. RECOMMENDATION It is recommended that the City Commission adopt by motion the attached Legislative Programs and Priorities for the upcoming 2002 Legislative Session. The document includes the issues at the September 2001 Workshop Meeting. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01009-01 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES 2002 Mayor Jeffrey M. Perlow Vice Mayor Ken Cohen Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2002 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Will not create revisions in municipal pension plans or State Statues that will impose additional mandated financial obligations for municipalities. 2. Adopt the 2002 Policy Statement of the Florida League of Cities. 3. Revise the Windstorm Insurance rates determination process as contained in previous Resolution adopted by the City Commission. 4. Ban the use of handheld phones, but allows hands free phone devices on a statewide level. 5. Provide a dedicated revenue source for Charter School capital improvements financed through debt instruments. The City of Aventura will seek financial assistance and grants for the following projects: 1. Funding for Stormwater drainage improvements. 2. Transportation funding for the operation of the Aventura shuttle bus transportation system. 3. Funding for emergency operations center in Government Center. 4. Park development (Millennium Park) or acquisition of land for park purposes (Waterways Park). CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: City Commission c-= Eric M. Soroka, Ci{(ge September 26, 2001 TO: DATE: SUBJECT: Resolution Authorizing Execution of Planning Agreement for the Aventura Charter Elementary School October 2, 2001 City Commission Meeting Agenda Item .!1.l:> RECOMMENDATION It is recommended that the City Commission authorize the execution of the Planning Agreement for the Aventura Charter Elementary School between the City and Charter Schools USA. BACKGROUND Resolution No. 2001-50 selected the firm of Charter Schools USA, Inc. in association with Charter Schoolhouse Developers, Inc. to design, build, operate and maintain a charter elementary school and authorized the City Manager to negotiate the terms and fees for said services. Attached is the Planning Agreement that has been negotiated with Charter Schools USA. The Planning Agreement provides for planning, set-up, design and development activities including the acquisition of the Charter prior to the actual commencement of the operations of the school to have a fully operational school for the 2003-2004 school year. It is an extensive Agreement that incorporates the requirements contained in the RFP and the response documents. The Agreement has been reviewed by the City Attorney's office and Kathy Wilbur. When the Planning Agreement expires, it will be replaced with a Management Agreement to operate the School once it opens. Memo to City Commission Page 2 The major points of the Agreement are as follows: 1. The documents filed in response to RFP #01-06-01-02 have been incorporated in the documents. 2. The Agreement expires on June 30, 2003 or the effective date of the Management Agreement, whichever occurs first. 3. Services to be provided by Charter Schools USA: a. Charter School Application b. Facilities Planning and Development c. Operations Planning and Development d. Management Information Systems e. Personnel Administration f. Payroll Administration g. Public Relations, Fund Raising Activities h. Contract Administration i. Assistance in Budget Preparation j. Coordination With School Board k. Program Outline and Curriculum 4. Requires monthly written reports and financial statements. 5. Based on input from Charter Schools USA, the City will be responsible for purchasing the furniture, fixtures, equipment, books and supplies for the school. 6. The principal will be hired by the City in concurrence with Charter Schools USA and remain on the City's payroll but will report to Charter Schools USA. 7. All other school employees will be provided by Charter Schools USA. 8. The fee for the twenty (20) month period is $150,000 including a $25,000 upfront payment with the execution of the Agreement. In addition, Charter Schools USA will receive a $25,000 bonus once the Management Agreement is executed. 9. If the Agreement is terminated without cause on or after November 1, 2002, Charter Schools USA will receive a $75,000 termination fee. 10. All employment agreements provide for the immediate assignability to the City in the event the Agreement is terminated. 11. Provides for a default provision. The Agreement may be terminated with or without cause. The Agreement may be terminated without cause for the following reasons: a. Upon execution of the Management Agreement Memo to City Commission Page 3 b. The City is unable to acquire the Tempest property c. The City is unable to receive approval for its Charter School Application d. Changes in Federal, State of local law policy, rule or appropriations which would materially impact the ability to design, build, operate or maintain the Charter School in conformance with the RFP e. The ownership of Charter Schools USA is transferred or assigned without prior written consent of the City 12. Establishes the requirements and procedures for the transfer of functions and documents from Charter Schools USA in the event the Agreement is terminated. 13. Addresses the issue of proprietary information. If you gave any questions, please feel free to contact me. EMS/aca Attachment CC01012-01 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PLANNING AGREEMENT FOR THE AVENTURA CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLS USA AT AVENTURA, L.C., AND CHARTER SCHOOLS USA, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Planning Agreement for the Aventura Charter Elementary School between the City of Aventura and Charter Schools USA at Aventura, L.C., and Charter Schools USA, Inc. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this 2nd day of October, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY PLANNING AGREEMENT among CHARTER SCHOOLS USA, INC., and CHARTER SCHOOLS USA AT AVENTURA, L.C., and CITY OF AVENTURA for the AVENTURA CHARTER ELEMENTARY SCHOOL TABLE OF CONTENTS 1 . Recitals 2. Definitions 3. Term 4. Charter School 5. Services to be provided by CSUSA 6. Responsibilities of the City 7. Cooperation 8. Additional Mutual Obligations 9. Charter Schools Funding Resources 10. Development Agreement 11. Planning Fee 12. Insurance 13. Indemnification 14. Default 15. Termination of this Agreement 16. Transfer of Functions Upon Termination 17. Entire Agreement 18. Assignments 19. Further Assurances 20. Relationship of Parties 21. Interpretations 22. Time of the Essence 23. Binding Effect 24. Notices 25. Headings 26. Severability 27. Waivers 28. Outside Business 29. Third Parties 30. Jurisdiction and Venue 31. Enforcement Costs 32. Remedies Cumulative 33. Subcontracts 34. Acquisition of School Site 35. Obtainment of Charter 36. Counterparts 37. Governing Law 38. Proprietary Information 39. Sale or Transfer of interest in CSUSA 40. Audits 41. Police\Regulatory Powers 1 2 3 3 4 8 10 10 10 10 10 11 11 12 12 14 15 15 15 15 16 16 16 16 17 17 17 18 18 18 18 19 19 19 19 20 20 20 20 21 21 PLANNING AGREEMENT FOR THE AVENTURA ELEMENTARY CHARTER SCHOOL THIS PLANNING AGREEMENT (the "Agreement") is made and entered into as of the _ day of October, 2001, by and among CHARTER SCHOOLS USA, INC., a Delaware corporation; CHARTER SCHOOLS USA AT AVENTURA, L.C., a Florida limited liability company (collectively "CSUSA"); and CITY OF AVENTURA ("CITY"), a Florida municipal corporation. WIT N E SSE T H: WHEREAS, the CITY issued RFP #01-06-01-2 to design, build, operate and maintain a Charter Elementary School for the City of Aventura at the site currently known as the Tempest Parcel, at 3333 N. E. 188th Street, Aventura, Florida hereinafter referred to as the "Site"; and WHEREAS, after extensive review of the submittal by City staff, staff recommended that CSUSA in association with Charter Schoolhouse Developers, Inc., be selected to design, build, operate and maintain a Charter Elementary School for the City of Aventura; hereinafter referred to as "Charter School"; and WHEREAS, CSUSA has partnered with Charter Schoolhouse Developers, Inc., for the design, construction and development of the Charter School Site and Facility, hereinafter referred to as "Facility"; and WHEREAS, at the July 3, 2001, City Commission meeting, the Commission approved a Resolution selecting the firm of CSUSA in association with Charter Schoolhouse Developers, Inc., to design, build. operate and maintain a Charter Elementary School for the CITY and authorized the City Manager to negotiate the terms and fees and finalize agreements necessary to implement said Resolution. WHEREAS, it is in the best interests of the CITY to enter into a Planning Agreement (hereinafter referred to as "Agreement") with CSUSA, to assist in the acquisition of the Charter and to plan, design and develop the Charter School; now, therefore, IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be a part hereof. 1 2. Definitions. Wherever used in this Agreement, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Aareement - The written agreement between CITY and CSUSA covering the Services to be performed, including the Planning Contract Documents, as hereinafter defined, and that are attached to this Agreement or made a part thereof. 2.2 CITY - The City of Aventura with whom CSUSA has entered into the Agreement and for whom the Services are to be provided. 2.3 City Manaaer - The City Manager or his designee (hereinafter referred to as " City Manager") of the City of Aventura, who has the authority on behalf of the CITY to grant or deny approvals and perform the CITY's responsibilities required by this Agreement. 2.4 Plannina Contract Documents - The Planning Contract Documents consist of the Certificate(s) of Insurance, all applicable provisions of State, Federal, Chartering Entity or local laws, ordinances, regulations, rules or policies (incorporated herein by reference), including the State Uniform Building Code for Public Educational Facilities Construction and the State Requirements for Educational Facilities (hereinafter referred to as "SREF"), and as may be incorporated into the Florida Building Code; the RFP Response (as hereinafter defined), and any additional documents which are required to be submitted under this Agreement, and all amendments, modifications and supplements issued on or after the effective date of the Agreement. 2.5 CSUSA - Where CSUSA is indicated as the responsible party to perform an obligation pursuant to this Agreement, the parties acknowledge and agree that Charter Schools USA, Inc. and Charter Schools USA at Aventura, L. C. shall have joint and several liability and responsibility to perform such obligation. 2.6 Effective Date of the Aareement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver, provided however, that this Agreement shall not become effective until the execution of a Development Agreement for the design and development of the Charter School Facility, and in such case, the Effective Date of this Agreement shall be the date of the last of the parties to sign and deliver the Development Agreement. 2.7 Services - Those activities which must be performed prior to the actual commencement of the operation of the Charter School as set forth in this Agreement in order to insure that the Charter School opens in a timely manner for the 2003-2004 school year, including but not limited to, charter school application coordination, 2 development and submittal; coordination, development and approval ofthe school's charter; design review and approval; curriculum development; staffing; marketing and recruitment; obtaining furniture, fixtures and equipment; and identification, coordination and contract development for necessary professional and/or third party services. 2.8 Manaaement Aareement - An agreement that the CITY intends to develop, negotiate and execute with CSUSA that will provide for those services necessary to develop, organize, manage, staff, operate and maintain the Charter School upon the termination of this Agreement. The parties intend that the Management Agreement be executed on or before July 1, 2003, provided however, the foregoing shall not obligate the CITY to enter into a Management Agreement with CSUSA, provided further, the CITY's obligation shall be to negotiate in good faith with CSUSA to enter into the Management Agreement on or before July 1, 2003. 2.9 Development Aareement - The DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE AVENTURA ELEMENTARY CHARTER SCHOOL FACILITY, between the CITY and Charter Schoolhouse Developers, Inc. (the "DEVELOPER"), that is to be executed simultaneously with this Agreement, and will provide for the design, construction and development of the Facility. 2.10 RFP Response - The June 1, 2001 submittal by Charter Schools USA, Inc. in association with DEVELOPER in response to RFP #01-06-01-2 to design, build, operate and maintain a Charter Elementary School for the City of Aventura, which is hereinafter incorporated by reference, and as further represented or clarified by Charter Schools USA, Inc. to the CITY during the selection process. 2.11 Written Amendment - A written amendment of the Agreement and/or the Planning Contract Documents, signed by CITY and CSUSA on or after the Effective Date of the Agreement. 3. Tenn. The CITY agrees to contract with CSUSA, and CSUSA agrees to be contracted with, for the purpose of providing the Services, including assisting in the acquisition of the Charter and organizing, planning and developing the Charter School in accordance with the terms of this Agreement. The term of this Agreement shall commence as of the Effective Date of this Agreement and shall terminate on June 30, 2003, or the effective date of a Management Agreement between the CITY and CSUSA whichever occurs first, unless terminated earlier pursuant to the provisions of this Agreement, subject to any further obligations (including payment obligations) of the parties which survive termination. 4. Charter School. The Charter School shall be an elementary school commencing in the 2003-2004 school year. 3 5. Services to be provided bv CSUSA. CSUSA's fees hereunder shall compensate it for the performance of the Services, including its responsibilities for the assisting in the acquisition of the Charter, and for the performance of all planning, set-up, design and development activities of or for the Charter School prior to the actual commencement of the operations of the Charter School, which are necessary during the term of this Agreement to have a fully operational Charter School for the 2003-2004 school year. Any funds required or expenditures to be made by CSUSA in the performance of these responsibilities shall be substantially in conformance with the RFP Response and the Charter School Application. Responsibilities of CSUSA shall include, but are not limited to, the following areas: 5.1 Charter School Application. Subject to review and approval by the City Manager, CSUSA shall assist in the coordination and development of the application document in connection with the Charter School's obtainment of the Charter (the "Charter Application"), assist in all activities related to the submission of the Charter Application to The School Board of Miami-Dade County, Florida (the "Chartering Entity''') on a timely basis and negotiate the Charter's approval with such Chartering Entity. The Charter shall be applied for and issued in the name of the CITY. 5.2 Plannina and Development. CSUSA shall perform the following services associated with the planning and development of the Charter School. 5.2.1 Facilities Plannina and Development. CSUSA shall advise and make recommendations to the CITY on the planning and development of the Facility to ensure that the design and function meet the specifications necessary for CSUSA's educational program and/or as required by local and state building codes, including SREF, as applicable. CSUSA shall review and approve, on a timely basis, the preliminary and final design documents and plans prepared by DEVELOPER as required in the Development Agreement. In addition, CSUSA shall identify in writing all furniture, fixtures and equipment (the "FF&E") necessary for the Charter School, in conformance with the RFP Response, and shall assist the CITY and DEVELOPER with obtaining, ordering, purchasing and installing the FF&E. All FF&E that is to be attached to or permanently affixed to the Facility shall be installed by the DEVELOPER pursuant to CSUSA's specifications. CSUSA acknowledges that the Chartering Entity has indicated that it will waive 4% of its typical 5% administrative fee, where charter schools are constructed under certain conditions, including the condition that the charter school be constructed in accordance with SREF. It is the intent of this Agreement and the Development Agreement to provide for CSUSA, the DEVELOPER and the CITY to work diligently together and, insofar as is possible within the approximate 45,000 square feet proposed in the RFP Response, design and construct the Facility in accordance with the requirements mandated by the State Uniform Building Code for Public Educational Facilities Construction and SREF (and as may be incorporated in the new Florida Building Code), 4 including alllife/safety mandates and mandates resulting from the specified educational program. 5.2.2 Operations Plannina and Development. With input and involvement from the CITY and substantially in compliance with the RFP Response, the Charter Application and the Charter, CSUSA shall (a) respond to all requirements of the Charter School process; (b) develop and refine the curriculum and Charter School plan in compliance with all applicable federal, state and local laws, the policies of the Chartering Entity, the requirements of the CITY and the Charter of the Charter School; (c) assist CITY in hiring of the Charter School Principal; (d) interview and hire all other Charter School administration, teaching and support staff; (e) develop and implement the Charter School's staff and student recruiting and marketing plans; (f) organize and conduct parent orientations; (g) prepare, manage, supervise and implement the Charter School's opening; and (h) conduct all other activities necessary to have a fully operational Charter School for the 2003-2004 school year. 5.2.3 Manaaement Information Svstems. CSUSA shall coordinate with and assist the CITY in designing, ordering, purchasing, installing and implementing an MIS system consistent with the Charter School's purpose and goals. This shall also include business applications that meet, on an ongoing basis, any and all Federal, State, County, CITY, or Chartering Entity reporting mandates, applicable for the Charter School or the CITY. At a minimum these business applications shall include: Cash Receipts, Records Management, Payroll/Personnel, General Ledger, Purchasing, Accounts Payable, Accounts Receivable/Billing, Fixed Assets, Admissions, Scheduling, Registration, Records, and Reporting. The City Manager, with reasonable notice to CSUSA and except as provided for in Chapter 119, F.S., shall have full and unlimited access to the MIS system with assistance from a representative of CSUSA. Upon termination of this Agreement, all hardware, software, business applications (including password and configuration information) and other intellectual property purchased by the CITY shall remain the property of the CITY. The MIS system shall be and remain the property of the CITY, except as proprietary to CSUSA as set forth in this Agreement. 5.2.4 Personnel Administration. CSUSA shall recruit and employ sufficient qualified personnel to operate the Charter School (as is necessary and appropriate during the Term of this Agreement), including without limitation, administrators, teachers, clerical, cafeteria, and other staff to enable CSUSA to operate the Charter School in conformance with the Charter Application, the Charter and RFP Response. CSUSA shall also recruit qualified personnel for the Charter School Principal, who shall be selected by mutual agreement between CSUSA and the City Manager and shall be an employee of the CITY. The CITY agrees, with the cooperation and involvement of CSUSA, to establish a job description, salaries and benefits for the Charter School Principal .The parties agree that the Charter School Principal shall be accountable to CSUSA for the day to day operations of the Charter School and for carrying out the mission of the Charter 5 School based on the goals and objectives as stated in the RFP Response, Charter Application and the Charter. CSUSA shall have the right, at any time, to make recommendations to the City Manager regarding disciplinary matters, including possible termination, of the Charter School Principal. The City Manager will consider such recommendations of CSUSA and act in accordance with his responsibilities as City Manager. CSUSA shall provide such other personnel as CSUSA, in its sole judgment, determines is necessary to properly operate the Charter School. CSUSA shall determine, in its sole discretion, the benefits that will be provide to such personnel and shall administer the provision of such benefits. Any and all employment agreements shall provide for the immediate assignably to the CITY at its option in the event that this Agreement is terminated as provided herein. 5.2.5 Payroll Administration. CSUSA shall prepare, maintain, administer, and report all payroll of CSUSA's employees hired to work at the Charter School, including, without limitation, processing and issuing all checks, maintaining all reports and payroll records and filing all necessary forms and returns, including worker's compensation compliance, unemployment insurance compliance, withholding and social security taxes and all tax and other forms relating to employment as may be required by any federal, state or municipal authority during the term of this Agreement. All payroll and other financial or operational records for the Charter School shall be segregated and separated from all other CSUSA payroll records and shall be reported in a manner allowing the payroll costs to be traced directly to the financial expenditures of the Charter School. CSUSA shall deposit such payroll taxes as may be required by the Internal Revenue Service for the payment of payroll taxes for the employees referenced herein. All penalties incurred by reason of late filing shall be borne by CSUSA and shall be the sole obligation and responsibility of CSUSA. 5.2.6 Public Relations: Fund Raisina Activities. (a) Public Relations. CSUSA shall coordinate, cooperate and work with the City Manager's Office as to all official public relations for the Charter School including, without limitation, community outreach, press releases and media relations. All media relations initiated by CSUSA, including press releases, shall require the prior written approval of the City Manager. Press releases shall contain the name of the CITY and its seal as designated by the City Manager. Where media contact is not initiated by CSUSA, CSUSA shall notify the City Manager. (b) Fund Raisina Activities. CSUSA shall be responsible for fund raising activities on behalf of the Charter School, during the term of this Agreement, and CSUSA and the CITY shall coordinate and cooperate with such fund raising efforts. 5.2.7 Contract Administration. CSUSA shall coordinate, negotiate and administer those contracts for necessary uses or services to be performed or provided 6 by third parties or the CITY and which must be entered into by the Charter School during the term of this Agreement to ensure the efficient and timely opening of the Charter School. 5.2.8 Annual Budaet. CSUSA shall prepare and submit to the CITY a detailed annual budget (on a modified cash basis) (The "Charter School Annual Budget") for the 2002-2003 school year by March 1, 2002, and for the 2003-2004 school year by March 1, 2003. These budgets shall be substantially in accordance with the RFP Response and shall include, as appropriate, the total number of student stations for the coming academic year, all capital purchase requests, debt repayments and/or cash loans required, operating revenues and operating expenditures for the respective school year. The Charter School Annual Budget shall be reviewed and modified, as necessary, by the City Manager. The parties shall work cooperatively together on any and all budgetary matters and issues prior to the submission of the proposed budget to the Aventura City Commission. The parties agree that it is the intent of this provision that they jointly prepare and submit a balanced budget and that any and all budgetary issues and matters be resolved between CSUSA and the City Manager prior to the Aventura City Commission's review and consideration of same. The final agreed proposed Charter School Annual Budget shall be submitted to the Aventura City Commission for approval no later than the City Manager's delivery of the annual Budget on July 10 of each year. 5.2.9 Proaram Outline. CSUSA shall develop a program outline that includes the curriculum for the Charter School. CSUSA shall also develop and provide the CITY with a space plan for the Charter School. 5.2.10 Provision of Liaison Services. CSUSA shall designate a member of senior management personnel to be the point of contact for the City Manager for all operational issues. 5.2.11 Coordination with the Charterina Entit>(. CSUSA shall be responsible for coordinating any and all activities of the Charter School with the requirements of the Chartering Entity and for complying with all reasonable requests of the Chartering Entity regarding the Charter School. 5.2.12 Monthlv Reports and Financial Statements. CSUSA shall submit monthly written reports detailing the progress and achievements of the prior month's activities and monthly financial statements to the City Manager. 5.2.13 Compliance with Applicable Law. CSUSA acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's expertise in the 7 business of planning, designing, developing, organizing, managing, staffing and operating charter schools in the State of Florida and with the Chartering Entity. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, including the production of documents, in compliance with all applicable laws, ordinances, rules and regulations, to ensure, insofar as is possible, that approval of the Charter School Application is obtained from the Chartering Entity in 2001, and the approval of the Charter is obtained from the Chartering Entity in 2002, unless such timeframes are extended by the CITY. Where CSUSA's ability to comply with this Section is dependent upon the performance of activities or responsibilities by the CITY, CSUSA shall be responsible for notifying the CITY in a timely manner of the activities or responsibilities which the CITY must perform and the associated timelines. Upon attainment of the Charter from the Chartering Entity, CSUSA shall be responsible for ensuring that the Charter School complies with all applicable laws, ordinances, rules and regulations. The CITY agrees to negotiate in good faith with CSUSA and pay such additional sums as are necessary to enable the Charter School to comply with applicable laws, ordinances, rules and regulations which are enacted subsequent to the Effective Date of this Agreement, unless however, the CITY elects to terminate this Agreement pursuant to Section 15.2.5. 5.2.14 Records Retention: Public Records. CSUSA shall provide, protect, preserve, and maintain all books, records and related documents of or affecting the Charter School that are not proprietary to CSUSA (the "Public Records"), pursuant to the provisions of Chapter 119, F.S. as amended from time to time. In the event of termination of this Agreement pursuant to Section 15, CSUSA shall deliver any and all Public Records in its possession to the CITY within thirty (30) calendar days of such termination. 5.2.15 Other Activities. CSUSA shall, in a timely manner, perform all other activities necessary during the term of this Agreement to have a fully operational Charter School for the 2003-2004 school year. 6. following: Responsibilities of the City. The CITY shall be responsible for the 6.1 Maintenance of Charter. The CITY shall do, or cause to be done, all things necessary to ensure that all legal requirements applicable to the CITY, and all such conditions as may have been imposed on the CITY by the Chartering Entity, are fully complied with at all times. If the CITY or CSUSA shall at any time receive notice from any public authority or other person that the Charter School is or may be in violation of the Charter, the rules of the Chartering Entity or any provision of any applicable law or regulation, the party receiving such notice shall immediately notify the other party of the asserted violation and shall thereafter work diligently with together to determine whether 8 such asserted violation in fact exists, to correct any violation found to exist, and vigorously contest the asserted violation if the same is found not to exist. 6.2 Furniture. Fixtures and Equipment ("FF&E"l. Upon written instructions from CSUSA, the CITY shall be responsible for obtaining, ordering and purchasing the FF&E to be utilized in or by the Charter School. At the CITY's option, the CITY may request that CSUSA order some or all of the FF&E. Regardless of whether the CITY or CSUSA orders the FF&E, such order(s) shall be in compliance with the written instructions from CSUSA unless mutually agreed otherwise. 6.3 Books and Supplies. Upon written instructions from CSUSA, the CITY shall be responsible for obtaining, ordering and purchasing the books and supplies to be utilized in or by the Charter School. At the CITY's option, the CITY may request that CSUSA order some or all of the books and supplies. Regardless of whether the CITY or CSUSA order the books and supplies, such order(s) shall be in compliance with the written instructions from CSUSA unless mutually agreed otherwise. 6.4 Tax Exempt Fund RaisinQ Activities. If the CITY concludes it is appropriate to do so, the Charter School may seek to establish a separate tax-exempt organization to conduct fund raising activities and receive tax deductible contributions in support of the Charter School and/or of education generally. CSUSA shall cooperate with such tax-exempt organization as necessary and appropriate. 6.5 FundinQ For Charter School Costs and Expenses. The CITY shall provide funds, in amounts substantially in conformance with the RFP Response and Charter School Application, to cover costs and expenses associated with the planning and development of the Charter School, which costs and expenses shall include, start up funding, land acquisition and capital improvements including construction of the Facility and CSUSA Fees. It is understood by CSUSA and the CITY, that any and all funds expended by the CITY pursuant to this Section, including professional services contract fees and other out-of-pocket costs and expenses, shall be reimbursed to the CITY from Charter School revenues. The reimbursement schedule shall be included in the proposed Charter School Annual Budget. The CITY shall provide CSUSA with an estimate of any and all funds expected to be expended by the CITY pursuant to this Section during the subsequent budget year, that would not be generally known to CSUSA or included in the RFP Response, Charter Application or Charter; such estimate shall be included in the proposed Charter School Annual Budget. 6.5.1 Procedure for Pavment. In order to receive funds from the CITY pursuant to this Section, CSUSA shall prepare and submit monthly financial statements and invoices to the City Manager, which shall include the fund(s) for which CSUSA is seeking payment, and all of the Charter School's actual expenditures, reported on a modified cash basis of accounting (including but not limited to all capital 9 expenditures). The City Manager shall direct payment from the Charter School Fund to CSUSA for all approved expenditures within fifteen (15) business days of receipt by the CITY of the monthly financial statement and invoices. CSUSA agrees to provide the CITY, within ten (10) business days, source documents, supporting schedules, summaries and explanations as may reasonably requested by the City Manager from time to time. CSUSA shall immediately reimburse the CITY for any unallowable Charter School expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any Department or Division of the State of Florida or Federal Government. 6.6 Other Activities. The CITY shall, in a timely manner, provide all information and perform all other activities necessary during the term of this Agreement to have a fully operational Charter School for the 2003-2004 school year. 7. Cooperation. The parties shall, in good faith, share all information received from the Chartering Entity so as to comply with mutual obligations herein. Any information, whether written or oral, which is transmitted by the Chartering Entity to the parties shall be shared between the parties promptly. 8. Additional Mutual Obliaations. The parties hereto shall actively and diligently coordinate all grant writing, community involvement, responsiveness and response to compliance to all federal, state, and local rules and regulations, and any other operational activities or functions occasioned by the relationship set forth in this Agreement in a concerted effort to meet the goals and objectives established in the Charter School Application as submitted to or approved by the Chartering Entity. 9. Charter Schools Fundina Resources. All revenues, grants, and revenue allocations received by or targeted to the Charter School, shall be directed to and retained in the Charter School Fund, as established by the CITY. 10. Development Aareement. Simultaneously to the execution of this Planning Agreement, the DEVELOPER and the CITY shall execute a Development Agreement for the design and development of the Charter School Facility. This Agreement is expressly contingent on the execution by the parties of such Development Agreement. 11. Plannina Fee. The CITY shall pay CSUSA the sum of One Hundred Fifty Thousand Dollars ($150,000) as a planning fee (the "Fee"), for the performance by CSUSA of its responsibilities hereunder. Such Fee shall be paid to CSUSA as follows: (a) Twenty Five Thousand Dollars ($25,000.00) shall be due in a lump sum payment on the Effective Date of this Agreement; and (b) One Hundred Twenty Five Thousand Dollars ($125,000.00) shall be paid, upon the CITY's receipt of an invoice from CSUSA, in twenty (20) equal monthly installments of Six Thousand Two Hundred Fifty Dollars ($6,250.00) on the first of every month beginning November 1, 2001 and ending June 1, 2003. 10 Additionally, a Twenty Five Thousand Dollar ($25,000.00) bonus fee shall be due in a lump sum payment upon the execution of the Management Agreement. 12. Insurance. CSUSA shall maintain insurance coverage for the Charter School in the types and amounts required by the RFP Response, the Charter Application, the Charter or federal, state or local law, if necessary during the term of this Agreement. 13. Indemnification. 13.1 CSUSA agrees to indemnify, defend with counsel (reasonably acceptable to the CITY) and hold the CITY, and its respective officers, employees, and agents (the "Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of CSUSA in connection with the Agreement, (b) CSUSA's breach of this Agreement or law, and/or (c) any failure by CSUSA to pay its suppliers or subcontractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 13.2 Subject to the provisions and monetary limitations of F.S. 768.28, the CITY agrees to indemnify, defend with counsel (reasonably acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of the CITY's in connection with the Agreement, (b) the CITY's breach of this Agreement or law, and/or (c) any failure by the CITY to pay its suppliers or subcontractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 13.3 Upon becoming aware of the potential for a claim hereunder, the party seeking indemnification shall notify the other party of the existence of such claim, demand or other action giving rise to a claim for indemnification under this provision (a "Third Party Claim") and shall give such other party a reasonable opportunity to defend the same at its own expense and with its own counsel, provided however that the CITY or CSUSA shall at all times have the right to participate in such defense at its own expense. 13.4 If, within a reasonable amount of time after receipt of notice of a Third Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking indemnification shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment) the Third Party Claim for the account and 11 at the risk and expense of the party responsible for indemnification hereunder. Each party agrees to cooperate and to make available to the other party, such information and assistance as may be reasonably requested in connection with the defense of a Third Party Claim. 14. Default. A default shall be deemed to have occurred for certain events or conditions (each, an "Event of Default"), which include, but are not limited to the following: 14.1 Failure to pay any amount due hereunder within thirty (30) days after written notice that such amount is due; or 14.2 Failure to remedy a material breach of this Agreement, including, but not limited to, a default in the due and punctual observance or performance of any provision contained herein, within thirty (30) days after written notice to the defaulting party; or 14.3 If CSUSA shall under such law as shall be applicable to it commence any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a receiver, intervenor, conservator or trustee for itself or for any substantial part of its property; or if there shall be commenced against it any such action and the same shall remain un-dismissed; or if by any act it shall indicate its consent to, approval of, or acquiescence in any such proceeding, or the appointment of any receiver, intervener, conservator or trustee for it or any substantial part of its property or shall suffer any of the same to continue undischarged; or if it shall become subject to any intervention whatsoever that shall deprive it of the management of the aggregate of its property or any substantial part thereof; or if it shall wind up or liquidate its affairs or there shall be issued a warrant of attachment, execution, or similar process against any substantial part of its property, and such warrant, execution or process shall remain un-dismissed, unbounded or undischarged for a period of ninety (90) days, this Agreement shall be deemed immediately terminated upon the occurrence of such event; or 14.4 If the ownership of CSUSA shall be transferred or assigned, directly or indirectly, without the prior written consent of the CITY, in accordance with Section 39. 14.5 Upon the occurrence of an Event of Default, the non-defaulting party shall be entitled to pursue all remedies available under law or equity, including without limitation, terminating this Agreement in accordance with Section 15. 15. Termination of this Aareement. This Agreement may be terminated by the parties as follows: 12 15.1 Termination with Cause or for NonDerformance. Upon the occurrence of an Event of Default, the non-defaulting party shall be entitled to terminate this Agreement with cause or for nonperformance (hereinafter referred to as "Termination with Cause"), prior to the end of the term, with seven (7) days prior written notice. 15.1.1 Upon Termination with Cause, the parties shall immediately end their performance of obligations pursuant to this Agreement and shall have no further obligations or responsibilities to each other as of the date of such termination, including any payment obligations (except reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as otherwise indicated in this Agreement, and the non-defaulting party shall be entitled to pursue all remedies available under law or equity. 15.2 Termination without Cause. This Agreement may be terminated without cause (hereinafter referred to as "Termination without Cause"), as follows: 15.2.1 Upon the effective date of a Management Agreement this Agreement shall terminate. The Management Agreement with CSUSA shall specify the manner in which remaining obligations or responsibilities of the parties pursuant to this Agreement, including any payment obligations, are to be performed. 15.2.2 This Agreement shall terminate on June 30, 2003, unless terminated earlier in accordance with the provisions of Section 15 or as otherwise provided for in this Agreement. 15.2.3 By the CITY, for the failure to receive approval from the Chartering Entity for the Charter School Application or the Charter School's Charter in accordance with the provisions of Sections 5.1, 5.2.13 or 35, or as otherwise provided for in this Agreement. 15.2.4 By the CITY, if the CITY is unable to acquire the Site in accordance with Section 34 or as otherwise provided for in this Agreement. 15.2.5 By the CITY, upon thirty (30) days advanced written notice, due to a change in federal, state or local law, policy, rule or appropriations during the term of this Agreement which would materially impact the ability to design, build, operate or maintain the Charter School substantially in conformance with RFP #01-06-01-2 or the RFP Response. Such changes could include, but not be limited to, a charter school capital outlay funds appropriation that does not provide for the Charter School to receive funding substantially in accordance with the RFP Response, or a modification that would substantially impact the ability to limit the enrollment process to target the children of the CITY. 13 15.2.6 By the CITY, at any time and for any reason or no reason, upon thirty (30) days advance written notice. If the CITY terminates this Agreement under this Section 15.2. 6 at any point on or after November 1, 2002, the CITY shall pay to CSUSA within fifteen (15) days of the date of termination a lump sum termination fee of Seventy Five Thousand Dollars ($75,000.00) (the "Termination Fee"), and the parties shall have no further obligations or responsibilities to each other, as of the date of such termination, except as otherwise indicated in this Agreement, provided however, that CSUSA shall be entitled to reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees. If the CITY terminates this Agreement under this Section 15.2.6 prior to November 1, 2002, the parties shall have no further obligations or responsibilities to each other, as of the date of such termination, except as otherwise indicated in this Agreement, provided however, that CSUSA shall be entitled to reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees. 15.2.7 Upon Termination without Cause, except as provided in Sections 15.2.1 and 15.2. 6, the parties shall have no further obligations or responsibilities to each other as of the date of such termination, including any payment obligations (except reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as otherwise indicated in this Agreement. 16. Transfer of Functions Upon Termination. In recognition ofthe paramount importance of maintaining the integrity and continuing planning, design, development and operation of the Charter School, in the event this Agreement is terminated pursuant to Section 15, CSUSA agrees to cooperate with the CITY for the transfer, within thirty (30) calendar days of such termination, of the documents which relate to the planning, design, development and operating functions of the Charter School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or an entity selected by the CITY. Such cooperation shall include, but is not limited, to: 16.1 Assignment of all employees and employment contracts of the Charter School and the transfer of employee records to the CITY or an entity selected by the CITY. 16.2 Transfer of all student records, then current curriculum programs and class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to the CITY or an entity selected by the CITY. 16.3 Assignment of all contracts or subcontracts, if any, entered into by CSUSA for the Charter School, to the CITY or an entity selected by the CITY, if such contracts are assignable. 16.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all hardware, software, business applications and other intellectual property (with password 14 and configuration information) purchased by CITY. If CSUSA uses software or applications to operate the Charter school that is not owned by CITY or the Charter School, the CITY, at its sole option, may continue to use such software or applications. If the CITY elects to continue to utilize CSUSA software or applications to operate the Charter School, the CITY shall execute a license agreement with CSUSA for the use oflhe same for a license fee to be negotiated by the parties. 16.5 Transfer of all property including, but not limited to, furniture, fixtures, equipment, materials, software and hardware acquired for the Charter School by the CITY and purchased by the CITY or through the use of funds designated for the Charter School, to the CITY or an entity selected by the CITY. 16.6 The delivery of any and all Public Records in CSUSA's possession to the CITY or an entity selected by the CITY. 16.7 Transfer of any and all other information owned by the CITY, or provision of assistance, to ensure the least disruption of the continuing planning, design, development and operation of the Charter School as a result of the termination of this Agreement. 16.8 The provisions of Section 16 shall survive the termination of this Agreement. 17. Entire Aareement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties. The provisions of this Agreement may not be amended, supplemented, or waived orally, but only by a writing signed by the parties and making specific reference to this Agreement. 18. Assianments. No party shall assign its rights or obligations hereunder without the prior written consent of the other party to this Agreement, which consent may be withheld by such party in its sole discretion. 19. Further Assurances. The parties hereby agree from time to time to execute and deliver such further and other assurances, assignments and documents and do all matters and things that may be convenient or necessary to more effectively and completely carry out the intentions of this Agreement. 20. Relationship of Parties. The relationship between the parties hereto shall be solely as set forth herein and neither party shall be deemed to be an employee, agent, partner, or joint venturer of the other. 15 21. Intemretations. This Agreement shall not be construed more strictly against one party than against the other merely because it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to its preparation. 22. Time of the Essence. Time of performance by either party of each and every provision or covenant herein contained is of the essence of this Agreement. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, including the production of documents, in compliance with all applicable laws, ordinances, rules and regulations, to ensure, insofar as is possible, that approval of the Charter School Application is obtained from the Chartering Entity in 2001; the approval of the Charter is obtained from the Chartering Entity in 2002, unless such timeframes are extended by the CITY; and that the Charter School will be fully operational for the 2003-2004 school year. For the purpose of this Agreement, "timely" shall include a reasonable time for review, consideration, and/or modification by the City Manager, and, whenever deemed necessary by the City Manager, include the appropriate time necessary for submission, consideration and/or approval by the Aventura City Commission. 23. Bindina Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 24. Notices. All notices and other communications required or permitted under this Agreement shall be in writing and given by: 24.1 hand delivery; 24.2 registered or certified mail, return receipt requested; 24.3 overnight courier, or 24.4 facsimile to: If to CSUSA: Charter Schools USA at Aventura, L.C. 6245 N. Federal Highway, Suite 500 Fort Lauderdale, Florida 33308 Attention: Mr. Jonathan K. Hage, President Fax: (954) 202-2047 16 With a copy to: Tripp Scott, P.A. 110 S.E. 6th Street, 15th Floor Fort Lauderdale, Florida 33301 Attn: Edward J. Pozzuoli, Esq. Fax: (954) 761-8475 If to the City: Eric M. Soroka City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Fax: (305) 466-8919 With a copy to: Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Attn: Steven W. Zelkowitz, Esq. Fax: (305) 854-2323 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: 24.4.1 on the date delivered if by hand delivery or overnight courier, 24.4.2 on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and 24.4.3 on the date of transmission with confirmed answer if by fax. 25. Headinas. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 26. Severabilitv. If any part of this Agreement or any other agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 27. Waivers. The failure or delay of any party at any time to enforce this Agreement shall not affect such party's right to enforce this Agreement at any other time. 17 Any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any other circumstance. 28. Outside Business. Nothing contained in this Agreement shall be construed to restrict or prevent, in any matter, CSUSA or its representatives or principals from providing services to any third-party similar to the services provided pursuant to this Agreement. 29. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies on any person other than the parties hereto and their respective legal representatives, successors, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give any third person any right to subrogation or action over or against any party to this Agreement. 30. Jurisdiction and Venue. The parties acknowledge that a substantial portion of the negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Miami-Dade County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally: 30.1 agrees that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Miami -Dade County or the court of the United States, Southern District of Florida in Miami -Dade County. 30.2 consents to the jurisdiction of each such court in any suit, action, or proceeding; and 30.3 waives any objection which it may have to the laying of venue of any such suit, action, or proceeding in any of such courts. 31. Enforcement Costs. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys' fees (including, without limitation, all pre-trial, trial and appellate proceedings) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 18 32. Remedies Cumulative. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 33. Subcontracts CSUSA may subcontract for the performance of any of its responsibilities set forth in this Agreement, subject to notice to the CITY, such notice to indicate if the subcontract will provide for assignment to the CITY in the event of the termination of this Agreement, and the CITY's opportunity to review any and all proposed subcontracts in connection with the performance of the duties, functions, and responsibilities under this Agreement. CSUSA shall be responsible for the management of all subcontractors in the performance of their work. If possible, any and all subcontracts shall include provisions that provide for the assignment of these contracts to the CITY, or an entity of the CITY's selection, should this Agreement with CSUSA be terminated pursuant to the terms herein. 34. Acauisition Of School Site 34.1 The CITY shall use its best efforts, either through negotiations or eminent domain, to acquire the Site, as the primary site for the design, construction and development of the Facility, and to have possession of same on or before April 30, 2002. 34.2 In the event the CITY seeks acquisition of the Site by eminent domain, the timing of the disposition of the CITY's Petition for Eminent Domain shall be governed by court calendars, and the results of the CITY's Petition are dependent on interpretations of applicable law, including Chapters 73, 74 and 166, Florida Statutes, by the assigned circuit court judge in the 18th Judicial Circuit in Miami-Dade County, Florida. 34.3 Should the CITY not be able to acquire title to the Site, the CITY shall have the right to terminate this Agreement in accordance with Section 15.2.4. For purposes of this Section, "inability to acquire the Site" shall mean an adverse ruling by the assigned judge on the City's Petition for Eminent Domain, which the CITY shall proceed diligently to file in an expeditious manner, or the inability to acquire possession of the Site on or before April 30, 2002, unless such date is extended by mutual written agreement of the parties hereto. 35. Obtainment of Charter. The CITY and CSUSA will use mutual due diligence to obtain provisional approval of the charter application from the Chartering Entity for the Charter School. In the event the application is not approved by the Chartering Entity, the CITY shall have the right to terminate this agreement, in accordance with Section 15.2.3. 19 36. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 37. Govemina Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws. 38. Proprietary Information. The CITY agrees that CSUSA shall own all copyrighted and other proprietary rights to all instructional materials, training materials, curriculum and lesson plans, or any other materials created and developed by CSUSA, its employees, agents or subcontractors, or by any individual working for or supervised by CSUSA, which is developed during working hours or during time for which the individual is being paid and which is specifically identified by CSUSA in writing as being copyrighted or proprietary. CSUSA shall have the sole and exclusive right to license such materials for use by other school districts, other public schools, or other customers, or to modify and/or sell such materials for use by school districts, other public schools or other customers. Notwithstanding the same, in the event of expiration or termination of this Agreement, the CITY shall have the right to use such materials during the life of the Charter School provided the CITY pays a reasonable license fee (based upon the then existing market value) to CSUSA; however, the CITY shall have no rights to use such materials beyond the life of the Charter School. During the term of this Agreement, CSUSA may disclose such proprietary information, including that which is currently in existence as well as that which may be created in the future. The CITY, to the extent permitted by law, shall treat all proprietary information specifically identified in writing by CSUSA as though it were a trade secret and copyrighted and shall use efforts as may be reasonably requested by CSUSA so as not to disclose, publish, copy, transmit, modify, alter or utilize such proprietary information during the Term of this Agreement or at any time after its expiration other than to the extent necessary for implementation of this Agreement or as licensed from CSUSA for the continuing planning, design, development and operation of the Charter School ; provided, however, that CSUSA acknowledges that any information provided to the CITY may be a public record under Florida law and may be subject to disclosure. 39. Sale or Transfer of Interest in CSUSA. This Agreement is made by the CITY with CSUSA in its current ownership form and in reliance on the expertise of the current principals and owners of CSUSA, including Jonathan Hage. No substantial ownership or any other form of control of CSUSA, including the development and planning of the Charter School, shall be transferred or assigned, directly or indirectly, without the prior written consent of the CITY, through the City Manager. For purposes of this Agreement "substantial change in ownership" shall be defined as when a majority of CSUSA ownership is not maintained by Jonathan Hage. In determining whether to approve of any such transfer or assignment, the City Manager may consider, without limitation: 20 39.1 whether the now current individual principals and managers of CSUSA will continue to retain total administrate control over the Charter School; 39.2 the qualifications and character of the individuals or entities that are to receive the transferred or assigned interest from CSUSA. The CITY, upon considering the approval of the transfer or assignment, shall not unreasonably withhold approval of such based upon the foregoing criteria. 40. Audits. The CITY shall have the right, at any time during business hours, at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or caused to be inspected and audited by a certified public accounting firm selected by the CITY, the business records, bookkeeping and accounting records, tax records and returns and other records of CSUSA with respect to this Charter School and this Agreement. CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the foregoing business records are retained by CSUSA following the expiration or earlier termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and make available to the CITY such books and records for a period of six (6) years following the expiration or earlier termination of this Agreement. 41. Police/Reaulatorv Powers. CITY cannot, and hereby specifically does not, waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may relate to regulations of general applicability which may govern the Charter School and the Facility, and any improvements or operations relative thereto. Nothing in this Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with its zoning and land use codes, administrative codes, ordinances, rules and regulations, federal laws and regulations, state laws and regulations, and grant agreements. [SIGNATURES APPEAR ON THE NEXT PAGE] 21 IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in triplicate. One counterpart each has been delivered to CITY and CSUSA. ATTEST: CITY OF AVENTURA, FLORIDA By: Eric M. Soroka, City Manager By: Teresa M Soroka, CMC City Clerk APPROVED AS TO FORM: By: City Attorney WITNESSES: CHARTER SCHOOLS USA AT AVENTURA, L.C. Signature By: Jonathan K. Hage, President Print Name Signature CHARTER SCHOOLS USA, INC. By: Jonathan K. Hage, President Print Name 22 CITY OF A VENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: TO: City Commission BY: Robert M. Sherm , DATE: September 26,2001 SUBJECT: Resolution Authorizing the City Manager to Execute the Attached Agreement for Bus Shelters 12 and 13 with Vila and Son Landscaping Corporation as set forth in Bid #01-09-14-2 October 2, 2001 City Commission Meeting Agenda Item .1.F Recommendation: It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the Agreement for building bus shelters 12 and 13 (located on the west side of Biscayne Boulevard) with Vila and Son Landscaping Corporation in the amount of $139,423.75, as contained in Bid Number 01-9-14-2. This includes a $10,000 contingency that can be used only at the City's sole discretion and approval. Backaround: Bids for this project were developed, solicited and advertised pursuant to State Statutes and the City's Purchasing Ordinance and were reviewed by the City Attorney and Finance Director. Four bidders attended the pre-bid conference held on August 23, 2001 and two bids were received on September 14, 2001. The bid includes brick pavers, electrical installation, ADA accessibility requirements, newspaper rack storage area, site preparation and restoration work. Vila and Son Landscaping: ABC Construction, Inc. $139,423.75 $169,300.00 City Commission September 26, 2001 Page 2 Vila and Son has built the previous eleven bus shelters in the City successfully, on time and within budget. Our landscape architect has recommended awarding this bid to Vila and Son Landscaping. If you have any questions, please feel free to contact me at your convenience. RMS/gf Attachments RMS01110 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-09-14-2, BUS SHELTERS # 12 AND 13, TO VILA & SONS LANDSCAPING CORPORATION AT THE BID PRICE OF $139,423.75; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: Bid/contract for BID NO. 01-09-14-2 BUS SHELTERS # 12 AND 13, is hereby awarded to Vila & Son Landscaping Corporation in the amount of $139,423.75. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 4: 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: , who Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this 2nd day of October, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY :>> ~ '" " () .. () 0 en ~ 0 i!l. ~ 2 r " Sl. ~ 0' 0. "' ? @ 5' " " 3' <C () 0 -a -< -< 9- 0 - el. - l[ '" '" N '" <0 " <0 " '" "' .. "' 0 " N " 0 '" '" '" '" c: '" c: 0 '" :]0' -0-< ~ ar ~ ~~ ~ :>>- :>>- Cl ='" '" ='" <0 ~ " <0 ~ " '" "' .. "' 0 " " N ro 0 ~ '" '" ~ '" '" " c: '" @ c: 0 ro '" -0 :>>15: -0 :>>:>> - .Q, " 0. - .Q. " 0. ",0. ~ ro "'ro ~ ro ~ ro o..Q. (5 5- uO- ~ o ~ z c ~ ~c Z c ~ 0. 0 0. ;:: ii1' 0 0. ;:: ii1' _c ro " [3 [ " [3 0. ~ <C ~ ~ <C - C ro .. c [ .. ~ 0. N ~ N m -0 m -0 >a -0 ",3 )> E-. -0 ",3 -< ~'" c -< 0'" -< ~'" c -< 0" il Er() g: ro ~ ro ro Er() g: ro ~ ro < i'r "' o.~ "' < ~ 0' "' o.~ '" ~j" '" '" 3' '" ro c: ro c: ... g, en ... g, en () " () " -< ",0 -< < '" -< ",0 -< ~ '" il -, " il " ro ro -, " ro [ 0. (ti' E 0. "' a. (ii' "' E "' il c "' ro c g, " g, "' " () en () en 5' ro c 5' ro c "' " 'j "' " 'j -< c '" -< "' -< c 5 -< "' ro OJ @ il r ro OJ @ ro r "' ~ ,r "' ~ "' ~' @ " 1[ " " " g, ro g, 0. ()() 0 ()() 0 ~ ~ o ro c '" 3 " c '" a15 ~ -< " -, -< !!C -< -< c: ro = c: ro ,,@ ro en 0. ro ,,@ ro en 0. "' "' !l "' "' !l ~ " ~ ~ " ~ " " il9.. Ii g, '" <3 0 -0 m z Z G1 '" ~ c () '" en", N <3 en- ~ 0 IO 0 Z m-< 0 -0 0 r:>>-n ;:: s: -<"':>> 0 mc< . ll';m zo en'P ,,-<z m- -'"0-1 -of" ~z~ -<N m ;:: '" '" m ;lJ - .... N 0 s: /1 ,/'" SECTION 00100 ADVERTISEMENT FOR BIDS Sealed bids will be received at the Office of the City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, Florida, 33180, until 2:00 p.m., September 14,2001 at which time they will be opened and read aloud for: Bus Shelters 12 & 13 Aventura, Florida Bid Number: 01-09-14-2 The Project is generally described as the construction of: 1. Two (2) new custom Bus Shelters 2. Concrete Unit Pavers 3. Electrical Systems The Work involved with the Project shall include, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery, superintendence and services necessary for the complete in place construction of the Project. The City of Aventura requires that a State of Florida licensed General Contractor be the Prime Contractor on this Project. A mandatory Pre-Bid Conference will be held at 10:00 AM, August 23, 2001. The Pre-Bid Conference will be held at the Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida 33180. The Project Manual, Plans and other information are on file at the Issuing Office of: The City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 (305) 466-8920 and they may be examined at the Issuing Office, without charge. Copies of the Project Manual and the Plans may be obtained from the Issuing Office upon the payment of S50.00 dollars (U.S.) to the City of Aventura. This fee is non- refundable. .ght, for any reason, to reject any and all bids, to waive any informality, irregularity ertise for bids. or take any other such actions that may be deemed to be in the best Eric END OF SECTION \ 00100 -1 , SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of A ventura 19200 West Country Club Drive Aventura, Florida 33180 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of A ventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in 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. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition ofBid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. 3. In submitting this Bid, BIDDER represents. as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. NONE Dated: N/A Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully 00410 - I BASE BID: ONE HUNDRED TWENTY-NINE THOUSAND FOUR HUNDRED TWENTY-THREE dollars and SEVENTY FIVE cents LUMP SUM (Written Total Base Bid Price - From Schedule Of Values, Page 00410-6) 5. BIDDER agrees that the work will be complete in full within ~ calendar days from the dale stipulated in the Notice to Proceed. 6. Communications concerning this Bid shall be addressed to: BIDDER VTT.A & SON T AlmSCAPING CORP. Address: 20451 SW 216 ST Telephone MTAMT. FL 33170 305 255-9206 30')-909-0046 Facsimile Number Attention: TO!;R M _ QJJTN1'R1l0 7. The lenns 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. SUBMITlED TIllS DAY !;RP'l'RMRKR 14 ~ mx: 2001 00410 - 3 ELECTRICAL References Description Unit Unit Price Section 16050 Electrical System LS $ 17,219.00 ALLOWANCES References Description Unit Unit Price Section 01210 Owners Allowance LS $10,000.00 . TOTAL OF BASE BID $ 129,423.75 TOTAL OF BASE BID PLUS ALLOWANCE $ 139,423.75 00410 - 5 1'-- - <.. 1"- - () ~ ~ ~ .k ~D \ v co ~ '" " ('1\ ~ ~ '" 6\~\3 t(\~ i"- ce () ::>:- ~ ~ ~ & \ ~ -- d.. ~ ,.. ~ tOl ~ \ll~~ 6 I \ ~ ~ c-J '" ('> ~ Q ~ ~ \' ';f ~~ ~ ~4 '-l\ 9'..1, r ~ ~ c;, ~ ~ \J) G\ ~ c f 8 ~ ff lA ~ :~ ~ ~ o ~ ~ Z III Cil3 -. CD ~ 0 Ill.... e-."'(l CD ~ ... _Ul o ::l Z III 3 ~CD "lIo ::!. .... ~ "'(l eCD ... Ul o ::l I 7 ~ \0 N ~ ~o r ~ \lf~5: :? ~ " "6' ~ '[D ! .'-\ om W'l;>'Slf\OUl '::! ~ "-~g. S"' ~ - .....~. N ,.j ~ ~ ..l! r- eO <> V1 V \j> 0 (;' V' ...(l -.l (}, \J~ "" \\1 '"' ~"'(l 0;}.:'5' ~ :T . 0 ~. o::l t: OCD Q.=I:I: CD D\ - CII G'l Z Z -ICII :X:J: C:::m ::lJm CIl-l O"T1~ :r:.otIl ."<;;a ~ tIl ~ :r:.:S:CIIO-l-< t::~J: cg ZmZo (/lOrO"T1 - ~-I. "'-Im~~ .Co> O;;a , m ",;;aCllfEz C-<=I:I:'-I c"'(l..........c: "';;a"'f";;a @mQo"'~ ...... ...tIlw ~o- 80 :r:.O . Z =:"T1 Om ;;a m Z C') m ~b tJ~~ z "~~"',,~ ...... ~ '1~. ./"'1>;l ~<D ::l 0 , _Ill.... ~" ~~ (il .., _UI Q ~ ,I r Z ~~ ~ ~ 3 ~SJ ~ ~ -=tieD "- ~ ;:(" '" s" a ~ ~ e~ UI o :::s s~~ ~ I ~ ~~:rDqJ "- *- -, r ~ '0 -"'1l"rO-' '-'I <:%5: i\1 \J\ '"6' ~ ~ ~ TI G om '\I\,r OUl D .( \.lI ~ ~\)J - .... ... \l ~ ~'1 --{\ \l i\ ~~ ~ ~ . lI)' \'j. '" ~ ~\)J );: \>l~ .., "'tl g, , m 5" N .....:::s '" 'O<D Q,'It C1l - ",ul r C - .... '1 :to ~ ' (ill" J;, III Dl o 0 >< \,J O'lt , Q, C1l - C/) G) Z Z C/) ::t m mliJ -lc:OJC'l "UI--l oC/)c-< ;;O:::J"ZO "'tl~0" o~~)> ^UI~< c:' _om :l:<cZ "tJN~-1 OQo.;..c: "~N;;o ~~ ~ c "'tl )> C'l ~ G) m ep t7 Ot 04:04p 1()I[)A~ O'LEARY DESIGN ASSOCIATES P.A. LANDSCAPE ARCHlfECTUR[ LAND PlANNING URBAN DESICN GRAPlllC DESJGN Mr. Alan Levine Community Services Dept City of Aventura 19200 Wesl Country Club Drive A ventura, Florida 33180 Re: Bus Shelters 12 and 13 A ventura, Florida Bid No 01-09-14-2 Dear Mr. Levine: September 17,2001 Please be advised that we have reviewed the (2) bids submitted for the above referenced project It is our recommendation thaI this project be awarded to Vila & Son Landscaping Corporation. This company has installed numerous bus shelters and are very knowledge in that regard. Please let me know if you require any additional information. Very truly yours, O'LEARY DESIGN ASSOCIATES, PA WILLIAM A. O'LEARY, PASLA W AO/cas OAK IlL.AlA PJt'OfFSSIONAl CENTER 8525 s.w. IJ2ND STRUT, SUITf CI i MIA.MI, FLORIDA HIS6 (305) 590-(,0% MFM(jfgS OF THE AM\:RICAN SOCIETY OF lANDSCAPE ARCHITEClS p.2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: City Commission ~ Eric M. Soroka, Ci~rge Brenda Kelley, Comm .ty evelopment Dire~ September 21,2001 TO: FROM: BY: SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential. (01- CPA-01 - Small Scale Amendment) October 2, 2001 Local Planning Agency Agenda Item ..d- October 2, 2001 City Commission Meeting Agenda Item ~ November 6, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve the small scale Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST City staff is requesting a small scale Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine District) to RMF3A (Multifamily Medium Density Residential District) and RMF3B (Multifamily Medium Density Residential District). BACKGROUND OWNER OF PROPERTIES: 2950 NE 188 Street 3025 NE 188 Street 3161 NE 188 Street 28-2203-000-0291 Alfred R Chouinard II 28-2203-000-0161 Fort Apache Inc. 28-2203-000-0310 Alfred R Chouinard NAME OF APPLICANT City of Aventura LOCATION OF PROPERTY See Exhibit #1 for location map and Exhibit #2 for aerial photo SIZE OF PROPERTIES Approximately 7.66 acres DESCRIPTION IBACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants, Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During these meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TC1 and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage facility) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. 2 Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area. The existing uses on these parcels include existing marine industry and boat storage facilities; a vacant building, sometimes used for boat storage; and a vacant lot with two existing small, vacant, abandoned structures. The present uses, while not entirely water- dependent or water-related, are private businesses that do not provide general access to the public of the water and/or views. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: 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: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Industrial and Office Town Center Medium High Density Residential Business and Office Town Center TC2, Town Center Marine District RMF3, Multi-Family Medium Density Residential District RMF3, Multi-Family Medium Density Residential District RMF3A, Multifamily Medium Density Residential District TC2, Town Center Marine District TC1, Town Center District vacant lot, marine industry, boat storage residential residential marine industry, concrete manufacturing office, restaurant and self storage facility Access - Access to each parcel is from NE 188 Street. Access easements are presently in place. Conformity to City Comprehensive Plan - The amendment is consistent with policies in the Future Land Use, Transportation and Coastal and Conservation elements of the City's Comprehensive Plan. More specifically: 3 Future Land Use Element Policv 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; Recent population figures provide information that the City is continuing to grow and the median age is growing younger. With this growth in population, the need for housing grows. Previous discussions by the City Commission addressed concerns that there may not be a need, and the local economy may not be able to support, the commercial (retail and office) and marine industry uses presently permitted in the subject property area. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Mass Transit - A bus transit facility is located at Aventura Mall, approximately % mile from the subject properties. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Parks and Recreation - The City presently exceeds LOS standards for park space. Additionally, the subject properties are within walking distance of both Founder's Park and the City's proposed Community Recreation Facility, a public property obtained after the adoption of the City's Comprehensive Plan. Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially 4 decreased with the proposed amendment. Therefore, provision of services will be enhanced. Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendment is compatible with abutting and nearby land uses and, not only protects, but is anticipated to enhance the character of the neighborhood. 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendment will enhance the environmental systems in that the proposed residential uses will provide access for residents of the City to existing waterfront properties through view corridors, living units and/or pedestrian promenades along the water. Policv 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. The proposed amendment will accommodate residential development in suitable locations and densities along the waterfront; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. Policv 10.1 A ventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of substandard or underdeveloped areas and permitted mixed-use development. 5 Policv 12. 1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. Policv 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Address Lot Increase in Population Overall Increase in Size Densitv Factor PODulation 2950 NE 188 St 3.04 ac 20 dulac 1.64 99 3025 NE 188 St 3.59 ac 10 dulac 1.64 59 3161 NE 188 St 1.03 ac 10 dulac 1.64 17 Totals 7.66 ac 175 The South Florida Regional Planning Council prepared an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times using the 1996 South Florida Hurricane Evacuation Study Model. It was determined that the maximum increase in dwelling units resulting from the proposed amendment would be 107 and the resulting change in clearance is quite insignificant, a 2.4 minute increase. That clearance time increases the present 11.32 hours to 11.36 hours. Transportation Element Policv 1.5 The City will develop transportation management strategies, such as (but not limited to) traffic calming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi-modal transportation system. The proposed amendment, and associated rezoning and street improvements, will provide for a safer roadway in that pedestrian traffic and vehicle traffic will be separated through the construction of sidewalks, which do not presently exist. The neighborhood design concepts will provide pedestrian promenades along the water, thereby further separating pedestrian traffic from vehicle traffic. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policv 4.3 Transit service shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. The proposed amendment will allow for redevelopment of residential uses adjacent to an area which allows for mixed-use development. Any new residential 6 development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policv 4.4 Transit service will be located in areas which the future land use map will support transit service, such as town center, transit terminals, commercial areas and higher density residential areas. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area. Any new residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policv 4.6 Sidewalks shall link residential development to transit stops and shelters. NE 188 Street is presently a two-lane, non-sidewalked, dead-end street. The City is presently proceeding with design and development of a 23,000 SF community recreational facility on the north side of the east end of the street, and street improvements that will provide sidewalks. Presently there is no public transportation provided on this street, nor is there adequate pedestrian accessibility. The community recreational facility and the town center area will be providing transit stops and shelter. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area and the City's community recreational facility. Any new residential development will be required to provide pedestrian linkage to or transit service facilities through the use of sidewalks and/or waterfront promenades. Conservation and Coastal Management Element Policv 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of transportation (traffic) services, thereby maintaining the adopted levels of service on local roadways to achieve a reasonable evacuation time. Policv 12.1 Shoreline uses within Aventura shall be prioritized according to the following order: 1. Conservation uses 2. Water-dependent uses 3. Water-related uses 4. Uses not dependent or related to shoreline access 7 In the priority listing shown above, the City presently owns a three (3) acre site, and is in the process of designing for construction a community recreational facility at the tip of NE 188 Street, directly on the water. This facility is scheduled to open in late 2002. This facility will not only provide access to the water by all residents of the City, but will also provide open space/passive areas on the site. This use will conserve the site for use by the general public. Furthermore, the City is in the process of obtaining, adjacent to the community recreation facility site, a three (3) acre parcel in order to construct a much needed charter elementary school. This facility is scheduled to open for the school session in 2003. These two (2) facilities will operate as joint-use facilities and together will provide access to the shorelinelwaterfront to all residents of the City. In the backup information for the City's adopted comprehensive plan, the water- dependent and water-related uses were identified as the seven (7) marine industry/marinas on NE 188 Street and NE 185 Street. However, as the City Commission is aware, these property owners are marketing their properties for sale. Staff discussions with the present marine use tenants and/or property owners included discussions that it was hard to operate their businesses with residential uses across the canals because of the noise and smells; many of the industry businesses do not depend on the water because they trailer their boats to other areas to put them in the water, if required. Therefore, what the Commission originally wished to preserve as water-dependent or water-related uses may not be realistic as evidenced by the present owners' desires to sell and move. Furthermore, the present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Policv 12.4 Amendments to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water-dependent uses or reduce the access of water-eJependent uses to such properties. The present uses on the site restrict access and views of the shorelinelwaterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. 8 Policv 12.5 Amendment to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water related uses or reduce the access of water-related uses to such properties. The present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Policv 12.6 New multi-family residential development, contiguous to the shoreline, shall be water dependent, water related, or at a minimum shall include environmentally compatible shoreline access facilities such as walkways, piers, and viewing areas with landscaping grouped or spaced for views of and from the water. The proposed amendment will require that residential redevelopment provide view corridors to the water and pedestrian walkways/promenades along the waterfront. Furthermore, as an extension of the town center, and as support to the City's community recreational facility, which facility will provide walkways, piers and viewing areas, pedestrian walkways and linkage of uses through the multi-family residential districts will be required. Traffic Generation - The City's traffic engineers have prepared traffic generation information relative to previous approved uses, existing permitted uses and the proposed amendment. The following information is calculated on a general land area of the overall amendment area of approximately 17.69 acres on NE 188 Street. Part of the Larger Plan - As previously discussed in this report, the City Commission has reviewed the overall concept and future of this area of the City, including the Loehmann's area, the City's proposed Community Recreation Facility and adjacent school site, and all surrounding properties. The City Commission has determined that the proposed residential uses are an integral part in providing support and vitality to the proposed mixed- use, town center development to the west of NE 188 Street. The City's consultants advised that the existing zoning on these properties (TC-2) provided for retail and office 9 uses that may not have been economically feasible and, in fact, may have spread these commercial uses into areas that could not support their intensity and location. School - The City is proceeding with the construction of a charter elementary school on the north side of NE 188 Street, east of the proposed amendments area. The proposed residential uses on this street support the need for an elementary school and actually provide much more compatible uses for the school versus the existing commercial and marine uses presently allowed on the street. Furthermore, the anticipated decrease in traffic generation through reduced vehicle trips per day provides for much more compatible uses and significant impact on increased traffic safety on the street. Conformity to City Land Development Regulations - The proposed amendment will facilitate a proposed rezoning from TC2, Town Center Marine District to RMF3A (Multifamily Medium Density Residential District) and RMF38 (Multifamily Medium Density Residential District). Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. Istaff reportslOl-CPA-Ol camp plan SCD1 10 tJ. N ":'::""~'"' - ....~.--.~.~.~..--- 19200 J 1. . . .._....!.._..m~.~..m. ; \ ; , I . 1 \ "$l.$l'..........IlHl>lSr.S'...-..l........... ..~.........._.............. ................w, Nk ; 11 H '(............. ..-...............'NE'footHST 2999 ..~u'"...._".,....___.'.'n_--"'u ...~A.m~ m._."n."---'-;'- '--'.d...' _1>) UNNAMED :-..,......-.. ,._,........-4 ._.....~,__.n.........,.........._...--. ( i j E .c_.,........:-......., ......u.. - ...,-,""',.... .....--..\ ~ i-......,-'......-.~ '\ -......J. 1 2900 i ,..-.......,,'.. ;.,.......... . ....., ..-.......\! it \ \ ~E 185 i 18400 l. .1......L............J~...._......,i~ ,....~...... .....~ ~...-,_......'"'1......"...~ "'Ion"- " -, 3tRi1 '-- ...r...---.-..... l .. ' .. 3025 t16~ . ." . _ , -_, _:_'~_ l;<<IIl!:' ,,~""'" .._............_...~..... . .....=:~.1~:~::__.... ",,,,,,,,,,,,,,,;,,'--"-, . ......,...... '. '. " * . . 2950 . * . ...h_t.._.........~- .~_.__:...-,.........-.-_. ~._.u NE 2~ 1 tij- } jf .~: ....N64amtS'r'" /' 1 ....~~ 'R"HSl""-" -..----' : ' x. r...:............_...m._~,...i j 2805 ; ...NE.-sr...J. .__.._.._m.'...;,...;....~.d._..;.< L..., """"","'_U_';";""" i , -....., ...... ...";<7.....1 -_.~~ ~,.~"'~ ~..,_. .- " EXHIBIT #1 IS " , .....J ~. ORDINANCE NO. 2001 - 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 THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; 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 Land Use Map of the Comprehensive Plan designated the subject property Industrial and Office, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, City staff is requesting a small scale Comprehensive Plan amendment, through Application No. 01-CPA-01, to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential; 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 Industrial and Office to Medium High Density Residential; 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 to the extent the application is granted herein; and Ordinance No. 2001-_ Page 2 WHEREAS, this residential land use small scale amendment meets the residential density criteria pursuant to Chapter 163.3187(c)(1)(f) Fla. Stat.; and 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 Desianation. The future land use map designations of three (3) parcels totaling approximately 7.66 acres located at 3025 NE 188 Street (Folio Number 28-2203-000-0161) and 3161 NE 188 Street (Folio Number 28-2203-000-0310) and 2950 NE 188 Street (Folio Number 28- 2203-000-0291) (see Exhibit "An for property locations) are hereby changed from Industrial and Office to Medium High Density Residential. Section 3. Severabilitv. 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 Ordinance No. 2001-_ 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. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow 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 Manny Grossman Ordinance No. 2001-_ Page 4 Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 2nd day of October, 2001. PASSED AND ADOPTED on second reading this 6th day of November, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY :..~~....~.--'-."..... tJ. N u'~-:'>~..~'';''',;...._,m ...~ ' r-'--~".'" 19200 l "$j:s+-'''n'''~'_'$l'..L'';nm'''n..n'_.... _m.... __.." ..~ NE ,~_",u,u1 N~ 2~ TIj ,\ ./ /i 7JHM.m.N&-';.tit'8'T'.:.../ " ..>c......-r...um. .~..". , 2805 m.__<~."U-' ',.~'.''''- 18400 2999 ,.'~"'. ..J......n~........~Mn.. .._~....~...,..u.. H '( ! UNNAMED ~ .. ~~' n..m.....NE19OTH sf'" ....,....."..:._,....... f" '1 E ~.::j...m Ii ! ~.,aalH.S'f.n.nn.nnn..nnn'n u.._'m....-......-. .-- .~... - ...,~,.uJil.E..1$5.fM.s:r..- 1... ..-~,..,....k1 ,,,m__.'''''''' "..!..u....~...., .~.......-._.......~~ -----........ / 2900 , . ..-_"......." ..,. .~ 785 i, __L.:j ....... M>" "... ~. .. ~.... "\61'1<1 ..\~_m~i hE ..=t }.....-... .":":1,'" EXHIBIT" A" CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Brenda Kelley, C TO: City Commission FROM: Eric M. Soroka, Cit DATE: August 20, 2001 SUBJECT: Proposed Amendment to Sign Code Amortization Period for Monument signs located in residential districts and Residential wall signs September 4, 2001 Local Planning Agency Agenda Item ...!I.fl. 1st Reading September 4,2001 City Commission Meeting Agenda Item 1 If 2nd Reading October 2, 2001 City Commission Meeting Agenda Item q A Attached please find the proposed amendment to the Land Development Regulations to provide for the following as discussed at the July 19, 2001 workshop meeting: 1. Provides for an amortization period to allow Monument signs located in residential districts and Residential wall signs to remain until October 2, 2004, if registered; and 2. Provides for a ninety (90) day registration period. Please feel free to contact me with any questions you may have. Istaff reports/Rev to Amort residential signs code ORDINANCE NO. 2001-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON-CONFORMING SIGNS"; BY AMENDING SUBSECTION (2) "EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON-CONFORMING MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND NON- CONFORMING RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE 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 exemption of Monument Signs located in Residential Districts and Residential Wall Signs from the amortization and removal requirement otherwise provided; 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. Ordinance No. 2001-_ Page 2 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 31, Article IX. Sign Regulations at Section 31-191(k) "Non-Conforming Signs", by amending subsection (2) "Exception to Amortization Schedule", by amending paragraph (c) thereof to read as follows: c. 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: 1. Monument signs located in residential districts; 2. Residential, hospital and office building wall signs; 3. 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 c.2. 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 Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this amendment to paragraph c. of subsection (2), are prohibited, shall be removed immediately and shall not be entitled to status as lawful non-conforming signs. Provided. however: that the exemotion from amortization and removal orovided bv subsection c.1. and c.2. above shall exoire as to Monument sians located in residential districts and non-conformina Residential wall sians on October 2. 2004. so that after such date. non-conformina Monument sians located in residential districts and non-conformina Residential wall sians shall be comoletelv removed from the oremises or made to conform bv October 2. 2004. Additionallv. all non-conformina Monument sians located in residential districts and non-conformina Additions to existing text are shown by underline, deletions are shown by 6tril(etRre~!lR. Ordinance No. 2001-_ Page 3 Residential wall sians that are not reaistered with the Citv Manaaer. pursuant to a form that he/she shall provide. within 90 davs of the effective date (October 2. 2001) of this amendment to oaraaraoh c. of subsection (2). are prohibited. shall be removed immediatelv and shall not be entitled to status as lawful non-conformina sians. This orovision will not extend the amortization period previouslv allowed to office buildina wall sians. Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and 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 Holzberg, who moved its adoption on first reading. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Ordinance No. 2001-_ Page 4 Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 4th day of September, 2001. PASSED AND ADOPTED on second reading this 2nd day of October, 2001. JEFFREY M. PERLOW , MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Brenda Kelley, Com TO: City Commission FROM: Eric M. Soroka, City DATE: September 24,2001 SUBJECT: 2nd Reading of Proposed Amendments to Land Development Regulations to provide for Structure Parking requirements September 4, 2001 Local Planning Agency Agenda Item 48 1st Reading September 4, 2001 City Commission Meeting Agenda Item 78 2nd Reading October 2, 2001 City Commission Meeting Agenda Item Q B The attached proposed Ordinance incorporates the following items as discussed at 1st reading on September 4, 2001: 1. Expands on the "footprint" language within the Building envelope definition. 2. Adds a definition for footprint. 3. Adds language to address overall maximum building heights permitted in the B2, B3, OP and MO districts. 4. Adds language to address minimum parking structure ceiling heights In all zoning districts. 5. Revises language to include "no rear yard setback required" with references to no side yard setback required. Staff has received comments from some developers regarding concerns over limitations this proposed ordinance may have on the total floor area (FAR) that can be built on a site versus the overall height of the building, and more specifically the following: . the proposed ordinance does not permit the parking structure stories to be included towards the FAR calculations for the building . would the Commission prefer to see tallerlthinner buildings rather than shorterlwider buildings if developers need to increase number of stories to obtain maximum FAR versus allowing parking structure levels to count towards FAR . how much occupiable floor area does a level need to contain before it can be considered a building level and not a parking structure level Staff will be preparing a response to these concerns that will be presented to the Commission on or before the 2nd reading. Please feel free to contact me with any questions you may have. Istaff reports/Rev to LOR structure parkin9 Z" read 2 ORDINANCE NO. 2001-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31- 144(b), 31-144(c), 31-144(d), 31-144(e), 31-144(f), 31- 145(b), and 31-145(c); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE 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 a definition of building envelope and to provide for comprehensive structure parking regulations in certain zoning districts within the City; 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 adding or deleting the respective Additions to existing text are shown by underline, deletions are shown by 6Ifikalhrll~llA. Ordinance No. 2001-_ Page 2 sections, and/or subsections, and/or paragraphs, as applicable thereof to read as follows: ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. Definitions. Building code shall mean the South Florida Building Code, Miami-Dade County edition, as amended. Buildina enveloDe shall mean that area of the footDrint of the Drimarv buildina and oarkina structures on site. A line formina the boundary of the footorint shall not be broken and all buildinas within the footDrint shall be attached or touchina so as to form a continuous surface area. Canal shall mean a body of water having a width of 100 feet or less for linear areas in excess of 200 feet in length and used principally for the conveyance of water. FootDrint shall mean a continuous surface area com Dosed of buildina foundation(s). ARTICLE VII. USE REGULATIONS Sec. 31-144. Business Zoning Districts. (b) Neighborhood Business (B1) District... (5) Site Development Standards a. Floor area ratio and lot coverage: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, Ordinance No. 2001-_ Page 3 but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. If structure Darkina is used. such parkina structure shall be incoroorated into the buildina envelope and shall be comDatiblv desianed. Enclosed or non enclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes... e. Structure parkina. All structure parkina shall be compatibly desianed to complement the primarv use structure for which it serves. Parkina structure ceilina heiahts shall be 7'-6" except where areater heiahts may be reauired by other reaulatorv aaencies. Pipes. ducts and mechanical eauiDment installed below the ceilina shall not be lower than 7'-0" above finish floor. (c) Community Business (B2) District... (2) Conditional Use. The following uses if first approved as a conditional use: j. Automobile parkina aaraaes. exceedina 2 stories but not over six stories in heiaht. as a stand-alone use. (5) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaDed oDen space reauirements: The fleer area ratie shall Be 9.49 at ene slery ane! shall Be inBreasee! By 9.11 fer eash ae!e!itienal slery. Strl,jGtl,jre l3arl{ing shall net Bel,jnt as part of the fleer area, Bl,jt shall be Bel,jnted in Beml3l,jting Bl,jile!ing height ane! numBer of steries. The letal let Beverage permittee! for all Bl,jile!ings en the site shall net eXGeea 49 peFe0At af tRe total Is. area. Enolosed er A0AeAsloEed mall areas shall net Bel,jnt as part of tho fleer area, fer fleer area Ordinance No. 2001-_ Page 4 Fatie sem~lltatien ~Ilr-~egeg. For DurDoses of this DaraaraDh a.. structure parkina shall not count as part of the floor area.. (1) For all buildinas: Anv structure parkina servina the primarv use on the site shall be incorporated into the buildina envelope and shall be comDatiblv desianed. Such Darkina structure shall complv with all minimum setback and buffer vard reauirements. (2) For those buildinas with 0 - 33% of the reauired Darkina located within a parkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 Dercent of the total lot area. The total minimum landscaped open space reauired shall be 33% of the total lot area. (3) For those buildinas with 33% - 66% of the reauired parkina located within a parkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space reauired shall be 36% of the total lot area. (4) For those buildinas with 66% - 100% of the reauired Darkina located within a Darkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraae Dermitted for all buildinas on the site shall not exceed 45 percent of the total lot area. The total minimum landscaDed open space reauired shall be 39% of the total lot area. b. Maximum height: 20 stories or 341' overall maximum heiaht. includina structure Darkina. er 2QQ feet. The structure Darkina shall not be counted in comDutina number of stories. That portion of the Ordinance No. 2001-_ Page 5 building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. c. Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. d. Setbacks: For purposes of this paraaraph do, structure parkina incorDorated within the buildina enveloDe shall count toward the number of stories. ExSef'lt as otRel'wise (3ro'lieee every f'llet sRall h::V.{9 a treRt Y3f9 net leE& tt.laA ~e feat in as(3th. E'.{9I)' 13191 tRail Rave a street siee yare at Rat less IRan 2Q feet in eaf'ltR. TRam is Re siee yaFQ seteasl{ ier a plot which is nat aajasent te a stFeet or alley. /\ tide aRe Fear yare cetbask 0f 20 feet it reElblir:ee WR9A aejasoRt te a resieentially zeAoa district, stroot or allay. (1) Those buildinas whose total number of stories is between 0-10 floors. includina anv structure parkina incorporated within the buildina envelope. shall have a front vard not less than 25 feet in depth. Everv Dlot shall have a street side vard of not less than 20 feet in depth. There is no side or rear vard setback reauired for a Dlot which is not adiacent to a street or allev. A side and rear vard setback of 20 feet is reauired when adiacent to a residentiallv zoned district. street or allev. (2) Those buildinas whose total number of stories is between 11-20 floors. includina anv structure Darkina incoroorated within the buildina enveloDe. shall have a front vard not less than 35 feet in depth. Everv plot shall have a street side vard of not less than 35 feet in deDth. There is no side or rear vard setback reauired for a plot which is not adiacent to a street or allev. A Ordinance No. 2001-_ Page 6 side and rear yard setback of 35 feet is reauired when adiacent to a residentiallv zoned district. street or allev. (3) Those buildinas whose total number of stories exceeds 20 floors. includina anv structure Darkina incorporated within the buildina enveloDe. shall have a front vard not less than 45 feet in depth. Everv Dlot shall have a street side vard of not less than 45 feet in deDth. There is no side or rear vard setback reauired for a plot which is not adiacent to a street or allev. A side and rear yard setback of 45 feet is reauired when adiacent to a residentiallv zoned district. street or allev. e. Structure parkina. All structure parkina shall be compatiblv desianed to complement the Drimarv use structure for which it serves. Parkina structure ceilina heiahts shall be 7'-6" except where areater heiahts mav be reauired bv other reaulatorv aaencies. Pipes. ducts and mechanical eauipment installed below the ceilina shall not be lower than 7'-0" above finish floor. (d) Heavy Business (B3) District ... (2) Conditional Use. The following uses if first approved as a conditional use: e. Automobile Darkina aaraaes. exceedina 2 stories but not over six stories in heiaht. as a stand-alone use. (6) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaDed oDen space reauirements: TRe fleer area Fatie shall Be OAO at eRe stefy aRe shall be iRsreasea By 9.11 fer easR aaaitienal stery. Strl,lsll,lre parldn€l sRall Ret Sel,lRt as l'laFl ef tRe fleer area, Bl,lt sRall Be sel,ll1tee iR seAll'll,ltiR€I Bl,lileiR€I height aRe nl,lAlBer ef steries. TRe Ordinance No. 2001-_ Page 7 telal let oe..'erage ('lermitteEl fer all BllilElings en tRe sile sl=lall net eX€leea 1 9 ('ler€lent ef the total let area. Nenen€lloses mall areas GRail Rot G91:Jnt as paR at tRG fleer area, fer floor area ratiG €lem('llltatien ('lllr('leses, nor as part ef the let €leverage. For DurDoses of this DaraaraDh a.. structure Darkina shall not count as part of the floor area. (1) For all buildinas: Anv structure Darkina servina the Drimarv use on the site shall be incorporated into the buildina envelope and shall be comDatiblv desianed. Such Darkina structure shall comply with all minimum setback and buffer vard reauirements. (2) For those buildinas with 0 - 33% of the reauired Darkina located within a Darkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional storv. The total lot coveraae permitted for all buildinas on the site shall not exceed 40 Dercent of the total lot area. The total minimum landscaped open sDace reauired shall be 33% of the total lot area. (3) For those buildinas with 33% - 66% of the reauired Darkina located within a parkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraae Dermitted for all buildinas on the site shall not exceed 40 Dercent of the total lot area. The total minimum landscaDed oDen sDace reauired shall be 36% of the total lot area. (4) For those buildinas with 66% .. 100% of the reauired Darkina located within a Darkina structure: The floor area ratio shall be 0.40 at one stOry and shall be increased bv 0.11 for each additional storv. The total lot coveraae Dermitted for all buildinas on the site shall not exceed 45 percent of the total lot Ordinance No. 2001-_ Page 8 area. The total minimum landscaDed open space reauired shall be 39% of the total lot area. b. Maximum height: 20 stories or 341' overall maximum heiaht. includina structure parkina. or 2QO feet. The structure parkina shall not be counted in comDutina number of stories. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. c. Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. d. Setbacks: EveI)' !'llet sl=lalll=lave a fFeAt yam Ret less tl=laA 25 feet iA se!'ltl=l. Every !'lIElt shall Ra'/e a street sise yard Elf Ret less tl=laA 20 feet iR sef)th. For Durooses of this DaraaraDh d.. structure parkina incoroorated within the buildina enveloDe shall count toward the number of stories. (1) Those buildinas whose total number of stories is between 0-10 floors. includina any structure parkina incorporated within the buildina enveloDe. shall have a front vard not less than 25 feet in depth. Everv plot shall have a street side vard of not less than 20 feet in deDth. There is no side or rear vard setback reauired for a Dlot which is not adiacent to a street or allev. A side and rear vard setback of 20 feet is reauired when adiacent to a residentiallv zoned district. street or allev. (2) Those buildinas whose total number of stories is between 11-20 floors. includina anv structure Darkina incorporated within the buildina enveloDe. shall have a front vard not less than 35 feet in deDth. Everv plot shall have a street side vard of not less than 35 feet in deDth. There is no side or rear vard setback Ordinance No. 2001-_ Page 9 required for a plot which is not adiacent to a street or allev. A side and rear vard setback of 35 feet is required when adiacent to a residentiallv zoned district, street or allev. (3) Those buildinqs whose total number of stories exceeds 20 floors. includinq anv structure Darkinq incorDorated within the buildinq envelope. shall have a front vard not less than 45 feet in depth. Everv Dlot shall have a street side vard of not less than 45 feet in deDth. There is no side or rear vard setback required for a plot which is not adiacent to a street or allev. A side and rear vard setback of 45 feet is required when adiacent to a residentiallv zoned district, street or allev. e. Structure Darkinq. All structure parkinq shall be compatiblv desiqned to comDlement the primarv use structure for which it serves. Parkinq structure ceilinq heiqhts shall be 7'-6" except where areater heiqhts mav be required bv other requlatorv aqencies. Pipes. ducts and mechanical equipment installed below the ceilinq shall not be lower than 7'-0" above finish floor. (e) Office Park (OP) District ... (1) Uses permitted... f. Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. .^.reas ElevateEl te struoture J:larkiAg sRall Ret Be iAsll.laae iA the 3eeve ealobllatioAS. Ordinance No. 2001-_ Page 10 (2) Conditional Use. The following uses if first approved as a conditional use: f. Automobile parkina aaraaes. exceedina 2 stories but not over six stories in heiaht. as a stand-alone use. (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or 176' overall maximum heiaht. includina structure parkina. er 129 feet, whishever is less. The structure parkina shall not be counted in computina number of stories. c. Floor area ratio and lot coverage: The fleer afea ratie shall Be QAQ at eRe stel")' aRe shall be inGfeasee by Q.11 fer eash aElElitieRal story. Strl;Jstblra parkiA€I &hall Rst S0I;JRt at part 9f tl:le fleer area, bllt shall be sellRtee in sem(3llting bllileing height aRe number ef stories. Tho tetallot sevem€lo l30rmitteEl fer all BblilElin€ls eR the €lito shall Ret oxsoeEl 49 l3erseRt ef the tetallet area. For purooses of this Daraaraph C.. structure parkina shall not count as Dart of the floor area. (1) For all buildinas: Anv structure Darkina servina the primarv use on the site shall be incorporated into the buildina enveloDe and shall be comDatiblv desianed. Such Darkina structure shall complv with all minimum setback and buffer vard reauirements. (2) For those buildinas with 0 - 33% of the reauired Darkina located within a Darkina structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional Ordinance No. 2001-_ Page 11 storv. The total lot coveraoe permitted for all buildinos on the site shall not exceed 40 percent of the total lot area. (3) For those buildinos with 33% - 66% of the reouired parkino located within a parkino structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraoe oermitted for all buildinos on the site shall not exceed 40 percent of the total lot area. (4) For those buildinos with 66% - 100% of the reouired oarkino located within a parkino structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraoe oermitted for all buildinos on the site shall not exceed 45 percent of the total lot area. d. Setbacks: Every !'llet st:lall t:la\<e a frent yarE! net less tt:lan 59 feet in E!eptt:l. No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line. For purposes of this paraoraoh d.. structure oarkino incoroorated within the buildino envelooe shall count toward the number of stories. Every plat st:lall t:lave a street siso yard of net less tt:lan 15 feet iA aepth. E'/81)' I3let 1JJ:}8A '.\'hiGh a stfl:.lstlJre is l'=1ereatter amBles tRail Rave a miAimblffi rear yare at 28 feet. J\djaGOAt to 3AY RS E!istrists It:le sEltBasl{ st:lall Be 39 feet. (1) Those buildinos whose total number of stories is between 0-10 floors. includino anv structure oarkino incoroorated within the buildino envelooe. shall have a front vard not less than 50 feet in depth. Everv plot shall have a street side vard of not less than 15 feet in deoth. Everv olot uoon which a structure is hereafter erected shall have a minimum rear vard of 25 feet. Adiacent to anv RS districts the setback shall be 30 feet. Ordinance No. 2001-_ Page 12 (2) Those buildinas whose total number of stories exceeds 10 floors. includina any structure parkina incorporated within the buildina envelooe. shall have a front vard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 25 feet in deoth. Every olot uoon which a structure is hereafter erected shall have a minimum rear vard of 25 feet. Adiacent to anv RS districts the setback shall be 35 feet. e. Minimum open space: 22 l'IeFGont of ttlo Rot lot aroa. SaiEl L1andscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space. (1) Those buildinas whose total number of stories is between 0-10 floors. includina anv structure parkina incorporated within the buildina envelope. shall have a minimum open space of 22 oercent of the net lot area. (2) Those buildinas whose total number of stories exceeds 10 floors. includina anv structure oarkina incorporated within the buildina envelope. shall have a minimum ooen soace of 25 oercent of the net lot area. f. Structure parkina. All structure parkina shall be comoatiblv desianed to comolement the orimarv use structure for which it serves. Parkina structure ceilina heiahts shall be 7'-6" exceot where areater heiahts mav be reauired bv other reaulatory aaencies. Pioes. ducts and mechanical eauioment installed below the ceilina shall not be lower than 7'-0" above finish floor. Ordinance No. 2001-_ Page 13 (f) Medical Office (MO) District ... (1) Uses permitted... I. Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. I\.reas ee'/elee te strllstllre l3arkiR€I shall Rei ee iRsllleee in the al:leve salslllalions. (2) Conditional Use. The following uses if first approved as a conditional use: g. Automobile parkina aaraaes. exceedina 2 stories but not over six stories in heiaht. as a stand-alone use. (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or 176' overall maximum heiaht. includina structure oarkina. er 120 faat, 'lIhisha\'er is less unless otherwise specified in this section. The structure oarkina shall not be counted in comoutina number of stories. c. Setbacks: Every I3let shall have a freRI yard not less thaR 59 feet iR EIet*R. No parking areas shall be located within 30 feet of any Ordinance No. 2001-_ Page 14 residentially zoned property or within ten feet of any street line. For purposes of this paraaraph c.. structure parkina incorporated within the buildina envelope shall count toward the number of stories. Every plat shall have :1 &trQet siBs yar=a 9f Ret 19&& than 20 feet iA Eieptl=l. Every plsl l::j[J9A ':Jhich a str\;Jstblra is Rer:aaf.tar ar:eGtee BRal! have a miniml:.lFR Fear yarc:i 91 25 feet. (1) Those buildinas whose total number of stories is between 0-10 floors. includina any structure parkina incorporated within the buildina envelooe. shall have a front vard not less than 50 feet in depth. Everv plot shall have a street side vard of not less than 20 feet in deoth. Everv olot uoon which a structure is hereafter erected shall have a minimum rear vard of 25 feet. (2) Those buildinas whose total number of stories is between 11-20 floors. includina anv structure parkina incoroorated within the buildina envelope. shall have a front yard not less than 50 feet in depth. Everv plot shall have a street side vard of not less than 30 feet in deoth. Everv olot uoon which a structure is hereafter erected shall have a minimum rear vard of 30 feet. (3) Those buildinas whose total number of stories exceeds 20 floors. includina anv structure oarkina incoroorated within the buildina envelooe. shall have a front vard not less than 65 feet in deoth. Everv olot shall have a street side vard of not less than 45 feet in deoth. Everv olot uoon which a structure is hereafter erected shall have a minimum rear vard of 45 feet. d. Floor area ratio and lot coverage and minimum landscaoed ooen soace reauirements: Tho floor aroa ratie snallse 9.49 at ene slel')' ana shallse insreaseasy 9.11 for eash aaaitienal stor)'. Strllotllre parking shall net sellnt as ~ar-t ef the fleer area, Silt shall bo sOllnlea in som~lltin!il sllilaing heillht ana nllmser ef stories. The total lot ooverage ~ermittea fer all sllilaings en the site shall net Ordinance No. 2001-_ Page 15 eXGeee 19 ~eFGent af tAa tatal let aFea. For purposes of this paraQraph e.. structure parkinQ shall not count as part of the floor area. (1) For all buildinQs: Anv structure parkinQ servinQ the primarv use on the site shall be incoroorated into the buildino envelooe and shall be compatiblv desiQned. Such parkinQ structure shall comolv with all minimum setback and buffer vard reouirements. (2) For those buildinQs with 0 - 33% of the reQuired parkinQ located within a oarkino structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraoe permitted for all buildinQs on the site shall not exceed 40 oercent of the total lot area. The total minimum landscaoed open space reouired shall be 33% of the total lot area. (3) For those buildinos with 33% - 66% of the reQuired parkino located within a oarkino structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraoe oermitted for all buildinQs on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped ooen soace reouired shall be 36% of the total lot area. (4) For those buildinos with 66% - 100% of the reouired oarkino located within a oarkino structure: The floor area ratio shall be 0.40 at one storv and shall be increased bv 0.11 for each additional storv. The total lot coveraoe oermitted for all buildinos on the site shall not exceed 45 oercent of the total lot area. The total minimum landscaped open space reQuired shall be 39% of the total lot area. e. Structure oarkino. All structure oarkino shall be comoatiblv desioned to complement the primarv use structure for which it serves. ParkinQ structure Ordinance No. 2001-_ Page 16 ceilino heiohts shall be 1'-6" except where oreater heiohts mav be reouired bv other reoulatorv aoencies. Pipes, ducts and mechanical eouioment installed below the ceilino shall not be lower than 1'-0" above finish floor. Sec. 31-145. Town Center Zoning Districts... (b) Town Center (TC1) District... (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: d. Uses that exceed the height limitations, includino parkino structures. (5) Site development standards. e. Maximum height: Four stories or 50 feet. includino oarkino structures. (9) Performance standards. a. Anv structure parkino servino the primary use on the site shall be incoroorated into the buildino envelope and shall be comoatiblv desioned. Such oarkino structure shall complv with all minimum setback and buffer vard reouirements. Parkino structure ceilino heiohts shall be 1'-6" except where areater heiohts mav be reouired bv other reoulatorv aoencies. Pipes. ducts and mechanical eouipment installed below the ceilino shall not be lower than 7'-0" above finish floor. (c) Town Center Marine District (TC2)... (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: Ordinance No. 2001-_ Page 17 n. Uses that exceed the height limitations. includina oarkina structures. (7) Site development standards. e. Maximum height: Four stories or 50 feel. includina oarkina structures. (11) Performance standards. i. Structure oarkina. Anv structure oarkina servina the orimarv use on the site shall be incoroorated into the buildina envelooe and shall be comoatiblv desianed. Such oarkina structure shall comolv with all minimum setback and buffer yard reauirements. Parkin a structure ceilina heiahts shall be 7'-6" exceot where areater heiahts mav be reauired bv other reaulatorv aaencies. Pioes. ducts and mechanical eauioment installed below the ceilina shall not be lower than 7'-0" above finish floor. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. 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 Ordinance No. 2001-_ Page 18 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 Grossman who moved its adoption on first reading. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay Beskin yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Ken Cohen yes Mayor Jeffrey M. Perlow yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 4th day of September, 2001. Ordinance No. 2001-_ Page 19 PASSED AND ADOPTED on second reading this 2nd day of October, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ~-jft~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, Ci evelopment Dire~~ BY: DATE: October 2, 2001 SUBJECT: Concerns from the public regarding Proposed Amendments to Land Development Regulations to provide for Structure Parking requirements Supplement to October 2, 2001 City Commission Meeting Agenda Item 98. THE REQUEST Staff has received comments from the development community regarding concerns over limitations this proposed ordinance may have on the total floor area ratio (FAR) that can be built on a site versus the overall height of the building, and more specifically the following: 1. Unlike the existing Land Development Regulation provIsions, the proposed ordinance does not permit the parking structure stories to be included towards the FAR calculations for the building. 2. Would the Commission prefer to see tallerlthinner towers with larger parking pedestals rather than shorterlwider buildings with structure parking integrated into the building footprint, if developers need to increase number of stories to obtain maximum FAR versus allowing parking structure levels to count towards FAR. 3. How much occupiable floor area does a level need to contain before it can be considered a building level and not a parking structure level. The Land Development Regulations presently allow structure parking to be counted in computing building height and number of stories in the 81, 82, B3, OP and MO districts. During discussions with the development community regarding this proposed ordinance, it came to staffs attention that developers were concerned about the loss of the ability to count structure parking levels in computing maximum floor area ratio allowed for development on a site as presently permitted by Code. The language in the Land Development Regulations which presently allows this is as follows: "Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories.' The City has issued approval for one development (HealthSouthlMarlin office building located at East Dixie Highway between NE 206 Street and NE 207 Street) under the existing code provisions which allowed the developer to count 1 level of parking structure towards the FAR calculation. However, upon review during drafting of this proposed ordinance, the impacts of the existing code provision could allow for much greater FAR on a site than originally anticipated by allowing developers to maximize the height of a structure thereby allowing them to utilize a greater buildable area on a site. Additionally, the intent of the existing regulations was not necessarily to require structure parking to be incorporated into a building thereby creating greater building heights and number of stories, as does the present proposed ordinance. The language specific to this proposed ordinance which causes concerns to the development community is as follows. This language was inserted so that the height of a building could be increased to allow for the parking levels, however not to penalize developers as to the maximum height of the building: "The structure parking shall not be counted in computing number of stories.' The specific concerns by the development community are as follows: 1. Unlike the existing Land Development Regulation provisions, the proposed ordinance does not permit the parking structure stories to be included towards the FAR calculations for the building. As the ordinance is presently drafted, only the stories dedicated to leaseable space may be counted towards calculating the FAR permitted on the site. FAR is calculated at 0.4 for the first floor and 0.11 for each additional floor. The concern is based on the belief that if the code will now require any structure parking to be incorporated into the building footprint, then those levels of parking structure should be allowed to be counted towards the maximum FAR permitted on the site. The developers believe that if these levels cannot be counted towards FAR, the developers will be penalized for bringing parking into a structure. Staff advises of the following: . If parking were constructed at grade, then additional FAR would not be permitted for the building. 2 . By allowing the parking levels to count towards the maximum FAR allowed on a site, more building (leasable) area will be allowed. This is especially important to developers in this City as the available sites are smaller and more expensive, thereby allowing developers to justify the existing economics on the site. . A 45% maximum lot coverage has been proposed in this ordinance which already provides for an incentive to incorporate 66%-100% of the required parking into the building envelope. However, developers believe it is unlikely that this incentive will be of value due to the reduction in floor area ratio that would accompany more floors of structure parking. . Staff recognizes that structure parking is significantly more costly for developers and the intent of the ordinance is to encourage developers to incorporate parking into the primary use building if structure parking is to be used, notwithstanding this added cost. The following Exhibits are attached to illustrate what can be constructed according to the proposed ordinance: #1- maximum lot coverage site development. This exhibit shows a 44,000 SF building that could be built under the proposed ordinance, not counting parking structure story, using maximum lot coverage. #1A - This exhibit shows a 73,000 SF office building at 20% lot coverage that could be built under the proposed ordinance, not counting parking structure stories towards FAR. 2. Would the Commission prefer to see taller/thinner towers with larger parking pedestals rather than shorterlwider buildings with structure parking integrated into the building footprint, if developers need to increase number of stories to obtain maximum FAR versus allowing parking structure levels to count towards FAR. The development community has expressed concerns specific to the following: . The City may end up with tallerlthinner towers under these new regulations, because developers will add additional stories on the building so as to generate maximum FAR on the site. However, developers believe that due to the limited size of available lots, the tallerlthinner towers will not have leaseablelsaleable floorplates and, therefore, will not be built. If the parking structure levels would be allowed to be counted towards computing FAR, then additional building stories would not be required. . The City may end up with short/wide, massive parking structures adjacent to street frontages with tallerlthinner leaseable space sitting on top of those structures. 3 Staff advises of the following: a. Taller/thinner towers may not necessarily be a bad thing. But taller/thinner buildings open up a view corridor at a higher, vertical level. The development community believes that the massive parking structure will be at ground level and may be an eyesore to passing vehicles and pedestrians. Staff advises that there is a maximum lot coverage permitted in the code, whether that is parking structure or building, the developer can still build to that maximum lot coverage. b. The proposed ordinance requires that the parking structure be compatibly designed to complement the primary use. Therefore, staff believes the parking levels will not look like a parking structure. c. The development community looks for additional incentives to offset the increased costs of structure parking so as to utilize the greater buildable area on a site. d. A 45% maximum lot coverage has been proposed in this ordinance which already provides for an incentive to incorporate 66%..100% of the required parking into the building envelope, but there is some question by the developers as to the benefit of this incentive. The following Exhibits are attached to illustrate the development community's concerns regarding what can be constructed according to the proposed ordinance versus what can be constructed according to the City code as presently written: #2- This exhibit shows what the development community could build if the proposed ordinance is revised to allow parking structure stories to be counted towards the FAR. This depicts a maximum FAR at a minimum number of stories, because the parking levels have been counted towards the FAR calculations. In this instance a much more massive building could be built at a lower height elevation. #2A _ This exhibit shows what the development community could build if the proposed ordinance is not revised to allow parking structure stories to be counted towards the FAR. This depicts a maximum FAR at a minimum number of stories, because the parking levels have not been counted towards the FAR calculations. In this instance a much taller, but thinner building could be constructed. The development community believes an 11,000 SF floor area is not marketable, therefore this building will not be built. 3. How much occupiable floor area does a level need to contain before it can be considered a building level and not a parking structure level. 4 Staff was unable to obtain planning data or history providing typical guidelines as to how much occupiable (Ieaseable or air-conditioned area) area is required before a building level can be considered a floor to be counted towards calculation of FAR (if the ordinance remains as is). After discussion with other planning officials regarding this question, staff has determined that a minimum of 25% of the gross floor area of the level must be occupiable floor area in order to allow the floor to be counted towards the FAR. ANALYSIS 1. It appears that the major issue is "what should the building look like?" Wide and massive is not necessarily good, while wide and massive at the bottom and tallerlthinner at the top may also not be preferable. 2. Should developers be allowed additional incentives to increase floor area on a site? The concern from the development community is that the existing code allows the levels to be counted towards FAR and the proposed ordinance does not. The developers may tell you that the intent of the ordinance is to require parking to be incorporated into structures in the footprint of a building, however that is not what this ordinance does. This ordinance requires structure parking to be incorporated into a building if structure parking is used. If the parking structure was constructed as a stand alone building, as intended or allowed under the existing Land Development Regulations, or surface parking was constructed, then those parking areasllevels would not be allowed to be counted towards the FAR. RECOMMENDATION Staff recommends that the Commission consider the following alternatives: Alternative #1: If the Commission wishes to maintain the ordinance as it is written, then it is suggested that language be included as follows: Sec. 31-238. Accessory uses. (n) Structure oarkina. All structure oarkina shall be incorporated into the buildina envelope and shall be comoatiblv desianed to complement the orimarv use structure for which it serves. If the oarkina structure is laraer than the orimarv use buildina and anv surface of the too level of the oarkina structure can be seen from the primary use buildina on the site. then that area of the top level shall be 5 landscaoed and/or decorativelv oaved so as to orovide amenitv areal s) for the buildina occuoants. All mechanical eauioment on the too level shall also be screened from view. Alternative #2: If the Commission wishes to allow developers a choice of having parking levels counted towards the FAR on the site then the following language should be included. This language will serve to reduce the maximum lot coverage allowed on a site if the structure parking is allowed to count towards the FAR so that the actual building mass will not cover as much of the building site. Additionally, if the structure parking counts toward FAR, then the minimum open space requirements will increase, so as to provide for more landscaping on the site: (typical language) (6) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaped open space requirements: For purposes of this paragraph a., structure parking shall not count as part of the floor area. but may be counted towards calculation of the floor area ratio. (1) For all buildings: Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. (2) For those buildings with 0 - 33% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 33% of the total lot area. However. if structure oarkino levells) is/are counted towards calculation of the floor area ratio then the total lot coveraoe oermitted for all buildinas on the site shall not exceed 38% of the total lot area. Additionallv. the total 6 minimum landscaoed ooen soace reQuired shall be 35% of the total lot area. (3) For those buildings with 33% - 66% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The total minimum landscaped open space required shall be 36% of the total lot area. However. if structure parkina level(s) islare counted towards calculation of the floor area ratio then the total lot coveraae permitted for all buildinas on the site shall not exceed 35% of the total lot area. Additionallv. the total minimum landscaoed open space reQuired shall be 37% of the total lot area. (4) For those buildings with 66% - 100% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39% of the total lot area. However. if structure parkina level(s) is/are counted towards calculation of the floor area ratio then the total lot coveraQe permitted for all buildinas on the site shall not exceed 35% of the total lot area. Additionallv. the total minimum landscaoed open soace reQuired shall be 40% of the total lot area. b. Maximum height: 20 stories or 341' overall maximum height, including structure parking. For ourooses of this oaraQraoh b.. 7 structure oarkina shall not be counted in comoutina number of stories but shall be counted in comoutina overall maximum heiaht. And also add the following language: Sec. 31-238. Accessory uses. In) Structure oarkina. All structure oarkina shall be incorporated into the buildino envelope and shall be compatiblv desioned to complement the orimarv use structure for which it serves. If the oarkina structure is laraer than the orimarv use buildina and anv surface of the top level of the oarkina structure can be seen from the primarv use buildina on the site. then that area of the too level shall be landscaoed and/or decorativelv oaved so as to orovide amenitv areals) for the buildina occupants. All mechanical eauipment on the top level shall also be screened from view. Please feel free to contact me with any questions you may have. Istaff reportsIRev to LOR structure parking concerns 8 EXHIBIT #1 Theoretical 2 acre site 3 story building 1 + stories office 1 parking level 45% max. lot coverage 39,204 SF office per floor FAR permitted: 0.51 (44,431 SF) I. I I I .. some BUILDING surface FOOTPRINT parking (includes structure parking) ~ ... <!';; EXHIBIT #1 A Theoretical 2 acre site 10 story building 5 stories office 5 parking levels 20% lot coverage 15,000 square feet office per floor F AR permitted: 0.84 (73,180 SF) \1\ U) - D ~ - c ~ I -I BUILDING FOOTPRINT (includes structure parking) I --..J EXHIBIT #2 Theoretical 2 acre site 16 story building 8 stories office -174,240 SF 8 parking levels co % lot coverage ,780 SF office per floor R permitted: oposed Ordinance if\ 1.17 (101,930 SF) 1>1 unting parking levels: - ~ ~ 2.0 (174,240 SF) I;> - t- V\ 25 21 FA pr l j \ I I I L BUILDING FOOTPRINT I ~ (includes structure parking) EXHIBIT #2A Theoretical 2 acre site co o story building 16 stories office - 174,240 SF 4 parking levels 5% lot coverage 0,890 SF office per floor '^ u - AR permitted: ~ '>l - 0 roposed Ordinance t- V> 2.0 (174,240 SF) unting parking levels: 2.0 (174,240 SF) - '-- !:'! ::r- C> '^ 2 4 1 F P ... G r I I BUILDING FOOTPRINT I (includes structure parking) = City of Aventura City Commission Meeting Date 16 - J-- 0 1 Agenda Item No. 3 )... (4-",...,~.. trf if/I" J 1'/,,, )... -"1.0 "'J:" ( 410 Date of Verbal Communication: Identi of Perso!} rr Entity Making ommunication: ...... ~Je.,fI., (;I.... a ,....1- Subject and Substance of ~ommunication.# ..... ..1-(, - Ie/'I, /c; rG ,,_,.M, - _~V>"'" ~ I ~6(-' /. ~ c f. lI"",j /rtv"..., ~./vl", I~ fr/~r^,f. "7 '~i" ~, H--r f. Respectfulry, ~~4 ~., ~ Filed this 1.- day of Q Commissioner or Board Member receiving communication: JA1 !- J G!!:-t,V Name~ /l !."...; Signat ~ MC, City Clerk City of Aventura City Commission Meeting Date /Olll,n Agenda Item No. :3 Date of Verbal Communication: 6/1{ , 01 Identity of Person or Entity Making Communication: ALl'll\! ~. fLWi~7i~AL. 6>(i(. Subject and Substance of Communication: PIl.;:s-17.\t7C'~ I. He {<\.,r l/liOW 1 Iv f<lflP.(t7 IF .AJ,L(JWIN~ t;;;-.L,.f7n.d_ Wt'W.L (~v.J.. (;t.:AI 7:) 7?r;I1I}/1./ aN lufa ELG'~A7t11/ oP ['iJo7Ht!.(7~1l fl,uILb,wc.. Respectfully, Commissioner or Board Member receiving communication: Name: Arthur Beraer Filed this 'b-day of ~ I~,V ,?ooJ. L/ '~ l , , ~" /. cJ>p~~ City of Aventura City Commission Meeting Date /0 I )...{ OJ Agenda Item No. 2> Date of Visit, Investigation or Receipt of Expert Opinion 6/'L6/0/ Nature 9f Contact (check as applicable) EI Site Visit D Investigation o Expert Opinion Substance of Contact: '1 OI1:.S-~\l.'GD \.VALt.,(l<>-l- (ie-AI o/J wert r;L~I/A';t'/II ^,: 71h-:; r'j);)7MAr7"~ f!,uILOmC-- Identity of Person Participating in Contact: Respectfully, Commissioner or Board Member: Name: Arthur Beraer ~~A) ignature Filed this 1- day of City of Aventura City Commission Meeting Date @ d, 2.. r ~ I Agenda Item No. <3 Date of Verbal Communication: Au C9- ' ')AtJl Identity of Person or Entr.- Making Communication: ~l ktJ '~GT/V~ I , ~""'t9, f) > E>/V t- -fv 'S{ (h () A./ W ~/ /1......e=-tS( \J ~ 'f--. , Respectfully, Commissioner or Board Member receivin communication: Nam Signature Filed this ?- day of DISCLOSURE OF VERBAL CONTACT Ordinance 96-09 ~'__'U_"" 'U"--'-'" ". " :; -1- :: ~ ~~ "t-c - {\Il '?J"~rEXCe City of Aventura City Commission Meeting Date Agenda Item No.3 Date of Verbal Communication: rr/ Identity of Person 0 Entity aking Communication: '0 L-- /cJ/f/ / Subject and Substance of Communication: '2-~/l/,/t {, .. J~ 1'5/1 I - , Respectfully, Commissioner or Board Member receiving communication: Filed this 1- day of {l , I September 27, 2001. ;il CITY OF AVENTURA .' NOTICE OF AMENDMENT OFTHE CITY'S LAND . DEVELOPMENT REGULATIONS k 1:-, 'I E 'Publie.NCitice is hereby given that the Ci!y of Aventura Commissionwilh~. t in~!r~~~n~ring,t~,,~nSi,~,~r adoption of the fOllawi~~ OrdlnancesOl . AN ORDINANCE OF THE CITY OF AVENTURA, FLORIOA,L ~ AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS. ' ENACTED BY ORDINANCE 99-09; BY AMENDING SECTION 31!' , 191(k) "NON-CONFORMING SIGNS"; BY AMENDING" SUBSECTION (2) "EXCEPTION TO AMORTIZATION" SCHEDULE"; BY AMENDING PARAGRAPH (e) THEREOF, SO : , AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION" . OF MONUMENT SIGNS LOCATED IN RESIDENTIAL OISTRICTSN : AND RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION, AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON'; CONFORMING MONUMENT. SIGNS LOCATED IN RESIDENTIAL' DISTRICTS AND NON-CONFORMING RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TOr, RELY.'. UPON SUCH EXEMPTION; PROVIDING FOR, SEVERABILITY; PROVIDING FOR INCLUSION IN THE COOE~" PROVIDING FOR EFFECTIVE DATE. 'T; , AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,>" AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS.., ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II,;', DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31" 21. DEFINITIONS; BY AMENDING ARTICLE VII. USE: REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE; STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31-144(b), 31-144(e), 31-144(d), 31-144(e), 31-144(f)," 31-145(b), and 31-145/e); PROVIDING FOR SEVERABILlTY;'i . PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. ;J" ~,/ j'"l. ~~ ~ {~, I, '.0 " +--.. l~ , :lJJ I}',. w 'j- ,::. IJ JL: r!! .)l"; :~ rr~ ;;':: \ ..... . i :.' ,The above described Public Hearings will be held commencingat.~ :6:00 pm on Tuesday, October 2. 2001, at the City of Aventura'.' Government Center, 19200 West Country Club Oflve,' Aventura, Florida, 33180. The proposed Ordinances may be inspected by the public at the Office of the City Clerk, 19200 West'.' Country Club Drive, Aventura, Flofida. Interested parties may,; appear at the ,Public hearing and be heard with respecl.to the , . proposed Ordil\8nces. ./.; In accordance with the Americans with Disabilities Act of 1990, all'l~ persons who are disabled and who need special accommodations, to participate in this proceeding beceuse of that disability should"., contact the Office of the City Clerk, (305) 466-8901, not later than, two business days prior to such proceedings. "I. 0__ J If a person decides to appeal. any decision made by .the City,li Commission, with respect to any mailer considered at a meeting' or hearing, that person will need a record of the proceedings and,,:; for such purpose, may need to ensure thaI. a verbatim record of,l' the proceedings is made, whiCh record includes the testimony and . evidence upon which the appeal is to be based. ~\. Ter~sa.M. SQro~._ _ cMQt1 '"," City Clerk, > "r,;,; i. ,; I;',; .' tion. . gl (1,~ q /'1- ~ \'11 CITY OF AVENTURA '\"!>j...... ,NOTICE OF HEARING OF oj.'" LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN .~ . , Public Notice is hereby given that the City of Aventura Local Planning AgencY will meet in a public hearing on Tuesday, October 2,2001 at 6:00 pm to make a recommendation regarding the adoption of the following Ordinance!: .' AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OFTHE CITY OF AVENTURA BY AMENDING THE '. " FUTURE LAND USE MAP DESIGNATION FOR THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 ' STREET FROM INDUSTRIAL AND OFFICE TO, MEDIUM HIGH DENSITY RESIDENTIAL;' PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNiTY' ....' 'AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.'.c"+:f . :t>:::" ';~';_"""_~' _. ._.,,:'~~::1i~',~:::.~.:~~;, '-.", . ~ _ _ ." Immediately following the'Local Pianning AgenCY meeting, the City Commission of the City of Aventura, as the governing body, wilL consider afa public hearing Amendment ofthe Comprehensive Master Plan Qrdinance. ..';c :0:"'( :.,- _ - ,-:=- :-~ ',' : - -. ,:r,\ -', :;_~"-f<; - i:,:-::"J.:,:L,~:g:'tj':.r;J "~';'ol, A Comprehensive Plan is a State of Florida required docum ent that proviiiesthe City's specific objectives through the follOWing ,elements: . Future: land Use , Element, Infrastructure Element, 'Capitallmprovements Element, Coastal Management Element, Recreation Element, Intergovernmental Coo(dination Element, Transportation Element, Urban Design Element and. 'Economic Development Element. .." ' , "n ' The Public Hearing will, be held at City of Aventura Government Center, 19200 West Country Club .Drive, Aventura, Florida, 33180. The proposed Ordinance may. be inspected by the public at the Office pfthe City Clerk. 19200 West Country, Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard witt! respect to the proposed Ordinance; 'r ,1'-"">, Ii, accordance with ttie Ame'ricans with Disabilities Act Ofl990, all persons who are disabled and who need speciaL accommodation~ 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 proc~edings. If a person' decides to appeal any decision made by the City Corn m issilJn, as Local Planning. Agency, or as the governing body, with respect to any matter considered at a meeting or hearing, that person' Wilfneed a record of, the proceedings and, for such purpose, may neecHo ensure that a verbatim record oftheproceedings is. made, which-record includes the testimony and evidence upon which the appeal is to be bilsed. ' Teresa M. Soroka, CMC, City Clerk , .