07-01-2003MIt UT Aventur Government Center
CITY COMMISSION MEETING 19200 w. Country Club Ddve
JULY 1, 2003 6 PM Aventura. Florida 33180
(following LPA meeting)
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 8:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor
Perlow, City Manager Eric M. Soreka, and City Attorney David M. Wolpin. City Clerk
Teresa M. Soroka was absent. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by Assistant City Attorney
Nancy Stroud.
At the neighborhood's request and without objection by applicant, a
motion for deferral of application by Williams Island Synagogue, Inc. 04-
CU-03 for conditional use approval for establishment of a synagogue in
multifamily high density residential (RMF4) district until September 2, 2003
was offered by Commissioner Cohen, seconded by Commissioner
Diamond and unanimously passed.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-144(c)(5)(d) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD
SETBACK OF 0', WHERE A 25' SETBACK IS REQUIRED BY CODE;
GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-
144(c)(5)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO ALLOW A STEET SIDE YARD SETBACK OF 12'9", WHERE A 20'
SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW BUFFER STRIPS LESS
THAN 7' IN WIDTH ADJACENT TO THE NORTH AND WEST LIMITS
OF THE BUILDING, WHERE A MINIMUM OF 7' IS REQUIRED BY
CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-
144(c)(5)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A LANDSCAPED OPEN SPACE OF 16%, WHERE A MINIMUM
33% IS REQUIRED BY CODE; GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT
SETBACK OF 2.5', WHERE A MINIMUM OF 10' SETBACK IS
REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT
REGUALTIONS TO ALLOW 5 PARKING SPACES, WHERE 13
PARKING SPACES ARE REQUIRED BY CODE FOR PROPERTY
LOCATED AT 17900 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Holzberg. Joanne Carr, Planning Director, explained the request
of the applicant and entered the staff report into the record. Mayor Pedow
opened the public hearing. The following individual addressed the Commission:
Alan Rosenthal, Esq., representing the applicant. There being no further
speakers, the public hearing was closed. An amendment was offered by
Commissioner Cohen, seconded by Commissioner Holzberg and unanimously
passed to provide the following: a) prior to issuance of a building permit,
applicant to provide a signed lease with FEC to construct additional parking
spaces to the west of the railway tracks to accommodate employee parking; b)
applicant to prepare and record a covenant restricting uses on subject site to
those requiring a parking ratio of not more than one space for each 250 sq. ft. of
building area; and c) provide copy of annual FEC lease to Community
Development Department. The motion for approval, as amended, passed
unanimously and Resolution No. 2003-52 was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: Certificate of Appointment was presented to Billy
Joel as a new member of the Community Services Advisory Board.
6. CONSENT AGENDA: Commissioner Beskin requested removal of items 6A and 6B
from the Consent Agenda.
Ae
A motion to approve the minutes of the May 6, 2003 Commission Meeting,
May 20, 2003 Special Meeting, and May 20, 2003 Workshop Meeting was
offered by Commissioner Cohen and seconded by Commissioner
Diamond. Commissioner Beskin questioned the consensus as to the
November 20, 2003 date in item 2 of the June 19, 2003 Workshop
Meeting, as this was not his understanding. City Manager and Mayor
confirmed the minutes correctly reflected the consensus of the
Commission. The motion for approval passed unanimously.
C. Mr. Wolpin read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2003/04 TO 2007108 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 Diamond and
seconded by Commissioner Cohen. Commissioner Beskin moved to
delete funding for the middle school in the 2005/2006 CIP. Motion died for
lack of second. The motion for approval passed unanimously and
Resolution No, 2003-53 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinances by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 28
COURT AT NE 185 STREET, MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH
DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA
STATUTES; AND PROVIDING FOR AN 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
Diamond and seconded by Vice Mayor Gressman. Mayor Pedow opened the
public hearing. There being no speakers the public hearing was closed. The
motion for approval passed unanimously, by roll call vote.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR THREE PARCELS OF
LAND LOCATED ON NE 28 COURT AT NE 185 STREET, AND AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2,
COMMUNITY BUSINESS DISTRICT TO RMF4, MULTIFAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; APPROVING A DEVELOPMENT
AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE DEVELOPMENT AGREEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN 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 Vice Mayor
Grossman and seconded by Commissioner Cohen. 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.
8. PUBLIC HEARING: ORDINANCES- SECOND READING: None.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
13. ADJOURNMENT: There being no further business,~o come before the Commission
adjournedat this time' after motion made' sec°nded and u,~imou~slY ~/~sed/~the meetingat 8:44 p.m.
T~sa M. Sor(~MC,JCity Clerk
Approved by the Commission on September 2, 2003.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng
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.
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