09-11-2007
City Commission
Susan Gotdieb, Mayor
A~ City of
~ventura
(i)
~""" Li",,(1 '0"'\1""'-
City Manager
Eric M. Soroka, lCMA-CM
Zev Auerbach
Bob IDiamond!
Billy Joel
T eri Holzberg
Miclhael Stern
Luz U rbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attol71cV
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
SEPTEMBER 11, 2007 6 p.m.
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE and 9-11 REMEMBRANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENT A TIONS:
Employee Service Awards
Presentation of Proclamations to Area School Principals
5. 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:
July 10, 2007 Commission Meeting
July 19, 2007 Commission Meeting
July 19,2007 Workshop Meeting
B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$56,500 FOR 10 BALLISTIC PANELS, DFY-IT PROGRAM,
LOCKING VEHICLE MOUNTS EQUIPMENT AND WEAPONS
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE
WITH THE CITY MANAGER'S MEMORANDUM.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL/MANAGEMENT SERVICES FOR THE
COMMUNITY RECREATION CENTER BETWEEN THE CITY
OF A VENTURA AND SEVERN TRENT MANAGEMENT
SERVICES INC. AS SET FORTH IN RFP 07-5-04-2;
SqltaDbtt 11, 'lJ11l Crllllllillioo MectiDg
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
E. MOTION TO APPROVE REQUEST OF HI LIFT MARINA LLC
FOR EXTENSION OF APPROVALS GRANTED THROUGH
RESOLUTION NO. 2006-57 FOR AN ADDITIONAL SIX MONTH
PERIOD FROM SEPTEMBER 12,2007 TO MARCH 12,2008.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO AMEND THE LIST OF
AUTHORIZED USERS FOR ALL BANK OF AMERICA BANK
ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
G. MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE A VENTURA CITY OF
EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED
JUNE 30, 2007 AND TO ACCEPT FOR FILING THAT LETTER
DATED AUGUST 28, 2007 ATTACHED HERETO AS
ATTACHMENT I."
6. ZONING HEARINGS:
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are
quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she
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 be given its due weight. 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.
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE
APPROVAL TO PERMIT THE ESTABLISHMENT OF A
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Septam II, 'lJ11l CrnIlIIiMim MeetiDg
SYNAGOGUE, YESHIVA AND LIBRARY IN THE
COMMUNITY BUSINESS (B2) DISTRICT FOR PROPERTY
LOCATED AT 2956 A VENTURA BOULEVARD, CITY OF
A VENTURA; PROVIDING FOR AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31-171(b)(I) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW TWO (2)
ENCLOSED PARKING SPACES AND ONE (1) UNENCLOSED
PARKING SPACE FOR EACH OF THE TWO UNIT B SINGLE
FAMILY RESIDENCES WITHIN THE "VILLAS AT
A VENTURA" DEVELOPMENT, WHERE A MINIMUM OF ONE
(1) ENCLOSED PARKING SPACE AND TWO (2) UNENCLOSED
PARKING SPACES FOR EACH UNIT ARE REQUIRED BY
CODE; FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF NE 34 AVENUE AND NORTH COUNTRY CLUB
DRIVE; CITY OF A VENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS", AT ARTICLE XI
"DEVELOPMENT STANDARDS OF GENERAL
APPLICABILITY", BY CREATING SECTION 31-242 "PUBLIC
SAFETY RADIO SYSTEM PROTECTION"; TO PROTECT
RADIO COMMUNICATIONS FOR PUBLIC SAFETY IN THE
CITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR PENAL TY; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 48
"VEHICLES AND USE OF THE RIGHT OF WAY", BY
CREATING ARTICLE III, " DANGEROUS INTERSECTION
SAFETY", PROVIDING FOR RECORDED IMAGE
MONITORING AND ENFORCEMENT OF RED LIGHT
INFRACTIONS, AND FOR RELATED PROCEDURES AND
PROVISIONS; AMENDING CHAPTER 2 " ADMINISTRATION",
ARTICLE V "CODE ENFORCEMENT", SECTION 2-348
"SCHEDULE OF CIVIL PENALTIES"; TO FACILITATE USE
OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS
INTERSECTION SAFETY; PROVIDING FOR SEVERABILITY;
3
Septam II, 'lJ11l CcImDiIsicm MeetiDg
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING - PUBLIC HEARING: None.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
2ND BUDGET PUBLIC HEARING SEPTEMBER 19, 2007
6 P.M.
COMMISSION WORKSHOP
SEPTEMBER 20, 2007
9 A.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 Aventura 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 of the 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
A"!k City d
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MINUTES
CITY COMMISSION MEETING
JULY 10, 2007
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg,
Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, 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: Led by ACES student Rebecca Gromosaik
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Soroka
noted that item 6 would be heard under item 9 as a Public Hearing. Item 8 would be
heard as a quasi-judicial matter.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Auerbach, seconded by Commissioner Weinberg, unanimously passed
and the following action was taken:
A. The following minutes were approved:
June 12, 2007 Commission Meeting
June 21, 2007 Workshop Meeting
B. Resolution No. 2007-29 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-091
FOR PROFESSIONAL DESIGN AND PROJECT MANAGEMENT FOR
PHASE 3 OF THE TRAFFIC VIDEO MONITORING SYSTEM BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2007-30 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION TO
LEASE TO THE CITY OF AVENTURA LAND REFERRED TO AS
PARCEL NO. 3812 SITUATED UNDER THE WILLIAM LEHMAN
CAUSEWAY FOR PUBLIC PURPOSE TO BE UTILIZED BY THE
AVENTURA POLICE DEPARTMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2007-31 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING: PUBLIC HEARING: Mr. Wolpin advised that
this matter is quasi-judicial and invoked those procedures at this time, noting that all
testimony given in the previous hearing on this matter at first reading is incorporated
herein. Ex-parte communications by Commissioners, if any, were disclosed and filed
with the City Clerk in accordance with City Code Section 34. There were no witnesses
giving testimony in this hearing. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR FOUR PARCELS OF LAND LOCATED ON THE
WEST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 213 STREET AND
THE NORTH CITY LIMIT FROM MO, MEDICAL OFFICE DISTRICT TO B2,
COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Auerbach and seconded by
Commissioner Diamond. Mayor Gottlieb 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. 2007-11 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by
title:
A RESOLUTION OF THE CITY COMMISSION OF *THE CITY OF AVENTURA,
FLORIDA ABANDONING THAT PORTION OF NE 29 COURT AS RESERVED
2
ON THE PLAT OF HALLANDALE PARK, LYING BETWEEN THE SOUTH
LIMIT OF NE 213 STREET AND THE NORTH LIMIT OF LOT 10, BLOCK 40
ON THE PLAT OF HALLANDALE PARK, PROVIDING FOR RECORDATION;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Vice Mayor Stern. Planning Director Joanne Carr addressed the Commission
and entered the staff report into the record. Mayor Gottlieb opened the public
hearing. The following individual addressed the Commission: Jacky Tako,
12455 Keystone Island Drive. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously and
Resolution No. 2007-32 was adopted.
10. REPORTS: As presented.
Mr. Wolpin requested that an Executive Session be scheduled for Thursday, July 12,
2007 at 4 p.m. in the case of Murphy vs. City of Aventura, etc., et al.
11. PUBLIC COMMENTS: ACES student Rebecca Gromosaik regarding recycling
within the City.
12. OTHER BUSINESS: None.
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 6:27 p.m.
Teresa M. Soroka, MMC, 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
A'!he City d
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MINUTES
COMMISSION MEETING
JULY 19, 20079 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 9:00 a.m.
by Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg,
Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. Commissioner lev Auerbach was absent. As a quorum was determined to be
present, the meeting commenced.
2. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave a
powerpoint presentation showing an overview of the financial performance of the City
over the last ten years. He then reviewed the proposed 2007/08 budget document, as
follows:
A. GENERAL FUND, including Revenues, General Government
Departments (City Commission, City Manager, Finance Support Services,
Information Technology, Legal, City Clerk), Public Safety Department,
Community Development Department, Community Services Department, Non-
Departmental and Capital Outlay.
A motion for approval of the General Fund Budget Revenues was offered by
Commissioner Holzberg, seconded by Commissioner Diamond, and unanimously
passed.
A motion for approval of the City Commission budget was offered by
Commissioner Joel, seconded by Commissioner Weinberg, and unanimously
passed.
A motion to approve the City Manager budget was offered by Commissioner
Weinberg, seconded by Commissioner Holzberg, and unanimously passed.
A motion to approve the Finance Support Services budget was offered by
Commissioner Joel, seconded by Vice Mayor Stern and unanimously passed.
A motion to approve the Information Technology budget was offered by
Commissioner Weinberg, seconded by Commissioner Joel, and unanimously
passed.
A motion to approve the Legal Department budget was offered by Commissioner
Holzberg, seconded by Commissioner Joel, and unanimously passed.
A motion to approve the City Clerk budget was offered by Commissioner Joel,
seconded by Commissioner Weinberg, and unanimously passed.
A motion to approve the Public Safety budget was offered by Commissioner
Weinberg, seconded by Vice Mayor Stern, and unanimously passed.
A motion to approve the Community Development Department budget was
offered by Commissioner Holzberg, seconded by Vice Mayor Stern, and
unanimously passed.
A motion to approve the Community Services Department budget was offered by
Commissioner Joel, seconded by Commissioner Diamond and unanimously
passed.
A motion to approve the Non-Departmental budget was offered by Commissioner
Weinberg, seconded by Commissioner Joel, and unanimously passed.
A motion to approve the Capital Outlay budget was offered by Commissioner
Joel, seconded by Commissioner Holzberg and unanimously passed.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE
RATE FOR THE 2007/2008 FISCAL YEAR; PROVIDING FOR THE
DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER
THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the resolution, which establishes a millage rate for the
2007/08 fiscal year of 1.7261 per $1,000 of taxable assessed value, was offered
by Commissioner Weinberg, seconded by Commissioner Diamond, unanimously
passed and Resolution No. 2007-33 was adopted.
C. POLICE EDUCATION FUND:
Commissioner Holzberg, seconded
unanimously passed.
A motion for approval was offered by
by Commissioner Weinberg, and
D. TRANSPORTATION AND STREET MAINTENANCE FUND: A motion for
approval was offered by Commissioner Joel, seconded by Commissioner
Holzberg, and unanimously passed.
2
E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval
was offered by Commissioner Joel, seconded by Vice Mayor Stern, and
unanimously passed.
F. PARK DEVELOPMENT FUND: A motion for approval was offered by
Commissioner Weinberg, seconded by Vice Mayor Stern, and unanimously
passed.
G. 911 FUND: A motion for approval was offered by Commissioner Joel,
seconded by Commissioner Diamond, and unanimously passed.
H. DEBT SERVICE FUND: A motion for approval was offered by
Commissioner Weinberg, seconded by Commissioner Joel, and unanimously
passed.
I. STORMWA TER UTILITY FUND: A motion for approval was offered by
Commissioner Holzberg, seconded by Vice Mayor Stern and unanimously
passed.
J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered
by Commissioner Weinberg, seconded by Commissioner Joel, and unanimously
passed.
3. RESOLUTION - PUBLIC HEARING: Mr. Wolpin read the following resolution
by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2007/08 TO 2011/12 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 Vice Mayor Stern, and seconded by
Commissioner Diamond. Mayor Gottlieb opened the public hearing. The
following individuals addressed the Commission: Lisa Robbins, Waterview;
Stuart Wagner, The Point. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously and Resolution No.
2007 -34 was adopted.
3
Mr. Soroka announced that the first Budget Public Hearing is scheduled for September
10, 2007 at 6 p.m. and the second Budget Public Hearing is scheduled for September
19,2007 at 6 p.m.
Sid Gersh addressed the Commission.
4. ADJOURNMENT: After motion made, seconded and unanimously passed, the
meeting adjourned at 9:50 a.m.
Teresa M. Soroka, MMC, 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.
4
A~
e,
,."",,,'/
MINUTES
CITY COMMISSION WORKSHOP
MEETING
July 19, 2007
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 9:50 a.m. following the 9 a.m. Special Meeting. Present were
Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice
Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa
M. Soroka and City Attorney David M. Wolpin. Commissioner Zev Auerbach was
absent. As a quorum was determined to be present, the meeting commenced.
Mayor Gottlieb requested and received consensus to add an item regarding the Miami-
Dade County Fire Department. She then distributed an email from Surfside Mayor
Burkett regarding opting out of the Fire District of Miami-Dade County by municipalities.
Consensus to support position of Surfside and protect municipalities' right to opt out of
the County Fire District should they deem appropriate.
1. PERFORMING ARTS CENTER UPDATE (Citv Manaaer): Ian Essler, PGAL
representative, addressed the Commission and reviewed the basic project criteria.
CITY MANAGER SUMMARY: No action necessary.
3. PROPOSED PUBLIC SAFETY RADIO SYSTEM PROTECTION ORDINANCE:
(City Manager) (Taken out of order): Mr. Soroka and Lt. Tom Labombarda advised
the Commission of problems concerning poor radio reception within the City and
recommended an ordinance requiring new buildings and structures which cannot
support the required level of radio coverage to install equipment to resolve the radio
reception limitations.
CITY MANAGER SUMMARY: Consensus to proceed with proposed ordinance and
include provision that current buildings undergoing major reconstruction in the future
conform to these new requirements.
2. PROPOSED RED LIGHT CAMERA ENFORCEMENT ORDINANCE (City
Manager): Mr. Soroka distributed the proposed ordinance prepared in accordance
with Commission direction.
CITY MANAGER SUMMARY: Consensus to proceed.
4. CITY CLERK REVIEW: (Commissioner Joel): Commissioner Joel recommended
that the City Clerk be given a $10,000 net bonus for her annual performance
evaluation.
CITY MANAGER SUMMARY: Consensus to approve.
Consensus to place ad in the Miami-Dade County League of Cities' installation journal.
5. 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 11 :20 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE: August 20, 2007
SUBJECT: Disbursement of Police Forfeiture Funds
September 11, 2007 City Commission Meeting Agenda Item S-8
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $56,500 for 10 ballistic panels,
DFY-IT Program, locking vehicle mounts equipment and weapons from the
Police Forfeiture Fund in accordance with the City Manager's memorandum".
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01590-07
CITY OF A VENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
DATE:
16 August, 2007
SUBJECT:
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Ballistic panels for 10 new vehicles
DFY-IT
Miscellaneous Equipment
Carbines
$22,000
$10,000
$12,500
$12,000
Total Expenditure Request:
$56,500
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Ballistic panels for vehicles - This money would be used to equip new marked
police units with ballistic panels in both the driver and front passenger doors.
These ballistic panels would afford officers protection from 5.56mm and 7.62mm
rifles rounds, and rounds of lesser caliber, in the event officers were fired upon
by a subject(s).
DFY-IT - An in school program that helps children learn the dangers of drugs,
and avoid them, by building self-esteem and providing knowledge to the
students. This agency has provided funds to this organization in the past.
Miscellaneous equipment - This money would be used to fund the purchase of
locking vehicle mounts for the up coming trade out of .40 caliber carbines for
newer, never before budgeted, 5.56mm carbines. It would also be used to
purchase other equipment associated with this weapons change out.
5.56mm Carbines - Currently the department has 5.56mm carbines for SWAT
duties; however, these weapons are 10 years old and are not as technologically
advanced as newer carbines on the market today. This money would be used to
purchase 6 carbines with optics and lights for SWAT duties.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
BY:
Robert M. Sherman, Director 0
~ny seN@)
TO: City Commission
FROM:
Eric M. Soroka, ICMA-CM, C'
DATE: August 13, 2007
SUBJECT: Resolution Authorizing the City Manager to Execute the Attached
Agreement for Providing Professional/Management Services for the
Community Recreation Center Between the City and Severn Trent
Management Services, Inc. as Set Forth in RFP #07-5-04-2
September 11th, 2007 City Commission Meeting Agenda Item S". t:..
Recommendation:
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the attached Agreement for providing
Professional/Management Services as set forth in the request for Proposals (RFP) #07-
5-04-2- with Severn Trent Management Services, Inc.
Backaround:
In accordance with the City's purchasing ordinance, a Request for Proposals (RFP) for
providing Community Recreation Center Management Services was solicited,
advertised and opened on May 4,2007.
The RFP asked for the following information:
./" Qualification and experience of personnel.
./" Firm's size, age and organization.
./" Firm's experience with similar projects providing similar services.
./" Safety record.
./" Innovative ideas.
./" Firm's ability to effectively manage and program a public facility to ensure
successful recreation programs as directed by the City.
./" Management plan for the Community Recreation Center.
City Commission
August 13, 2007
Page Two
The RFP was published on the DEMANDSTAR website and two submittals were
received:
1. Miami Fitness Connection, Inc.
2. Severn Trent Management Services, Inc.
Both firms were invited to make formal presentations on June 13, 2007 to the Selection
Committee consisting of the City Manager, Community Services Director and Parks and
Recreation Services Superintendent.
The ranking was based on several factors that totaled up to a possible 100 points
including:
. Qualifications and experience of personnel.
. Firm size, age and organization structure.
. Firm's experience with similar projects.
. Safety record.
. Innovative ideas.
. Ability to manage Community Recreation Center.
. Management plan.
. Overall quality of presentation.
The Committee unanimously ranked the firms as follows:
1. Severn Trent Management Services, Inc.
2. Miami Fitness Connection, Inc.
Severn Trent has successfully managed the Community Recreation Center since the
opening in February 2003. Membership has grown to over 3,000 members with an
average monthly attendance of 4,300 participants. Severn Trent has provided quality
management staff who supervises the programs provided by Miami Fitness Connection,
Inc. under a separate agreement with the City. The selection Committee also felt it was
a good practice to continue with two separate contractors at the Community Recreation
Center; one who manages the Center, and one who provides programs as a quality
control measure. Severn Trent has demonstrated better experience in facility
management, encompassing maintenance and building operations by providing
personnel who have experience in facility operations.
The Agreement is for one three (3) year term, with the City reserving the right to extend
the Agreement for one additional three (3) year term, providing the extension is
approved by the City Manager. In accordance with the approved FY 2007-08 operating
City Commission
August 13, 2007
Page Three
budget, the annual amount of the contract is $225,000 per year and provides for six
positions to manage and staff the Community Recreation Center seven days per week.
1 full time Community Recreation Center Manager
1 full time Community Recreation Center Assistance Manager
1 full time Community Recreation Center Supervisor
3 part time Facility Attendants
If you need any additional information, please feel free to contact the City Manager.
RMS/gf
RMS07028
Attachments
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAUMANAGEMENT SERVICES FOR
THE COMMUNITY RECREATION CENTER BETWEEN
THE CITY OF AVENTURA AND SEVERN TRENT
MANAGEMENT SERVICES INC. AS SET FORTH IN RFP
07-5-04-2; 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
Agreement between the City of Aventura and Severn Trent Management Services to
provide professional and management services for the Community Recreation Center in
accordance with the terms set forth in RFP 07-5-04-2.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2007-
Page 2
PASSED AND ADOPTED this 11th day of September, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
,
/~'111J ~
CITY ATTORNEY
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 10th day of July, 2007, by and
between the City of Aventura, a Florida municipal corporation (the "City"), and Severn Trent
Environmental Services, Inc., ("Severn Trent") located at 210 N. University Drive Suite 800,
Coral Springs, FL 33071.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. PURPOSE
1.1. The purpose of this Agreement is to provide for the City's retention of Severn
Trent to perform CommunitylRecreation Center Management Services for the
City as described in section 2 below.
2. SCOPE OF SERVICES
Severn Trent shall provide the following services to the City:
2.1 Management Services:
2.1.1 Provide overall management of the City's CommunitylRecreation
Center (the "Center")
2.1.2 Provide supervision of all Center personnel.
2.1.3 Develop and implement Center programs, activities, and operating
protocols.
2.1.4 Coordinate with all City departments and be available to attend
City meetings and workshops.
2.1.5 Coordinate with all groups as instructed by the City.
2.1.6 Develop an annual budget and coordinate with appropriate City
staff.
2.1.7 Liaison with other governments as appropriate.
2.1.8 Establish quality assurance and customer service standards and
reporting procedures.
2.1.9 Issue membership cards, conduct registration, operate computer-
based registration system, issue and maintain reports and financial
records as required, interface with City departments as appropriate.
2.1.10 Perform any other duties and projects as assigned by the City
Manager, including but not limited to: City parks, water feature
parks, recreation programs, and special events.
2.2 Staffing Services:
2.2.1 Provide appropriate on-site personnel to staff the City's
CommunitylRecreation Center as per applicable Severn Trent and
City employment policies. The Community Recreation Center
shall have the following personnel: Community Recreation Center
Manager, Community Recreation Center Assistant Manager,
Community Recreation Center Supervisor, and three part time
attendants. Severn Trent shall staff the Community Recreation
Center at all times during all operating hours, as determined by the
City. Severn Trent will reimburse the City for employee
background checks and drug screening for potential employees
assigned to the CITY.
2.2.2 Maintain high level of professionalism and dedication of
employees.
2.2.3 All personnel assigned to the City shall be approved by the City
Manager, or designee.
2.2.4 Provide fringe benefits to on-site personnel.
2.2.5 Provide communications equipment and vehicles to on-site
personnel as appropriate.
2.3 Performance Standards:
2.3.1 Severn Trent shall deliver services in compliance with CITY
performance standards for the operation of the Community Center
for the duration of this Agreement. The standards shall be utilized
in the evaluation of the performance of Severn Trent. The City
Manager at his sole discretion may change, alter, or modify these
standards in the best interests of the City.
3. COMPENSATION
Effective October 1, 2007 for all Staffing Services provided by Severn
Trent as described in Section 2.2 of this Agreement, the City shall pay
Severn Trent an annual professional fee equal to the sum of all on-site
staff salaries times a factor of 1.65 for all staff members who are not
required to use a vehicle in performance of their duties, and a factor of
2.0, for all staff members who are required to use a vehicle provided by
Severn Trent in performance of their duties, paid in equal monthly
installments. After September 30, 2008, the City shall consider price
adjustments not to exceed 3% to the cost of on-site staff and shall
evidence such adjustments in its adopted or amended fiscal year budget.
Fees for CommunitylRecreation Center Staffmg Services shall be billed
and paid pursuant to monthly invoices submitted by Severn Trent to the
City.
2
4. RECORDS/RIGHT TO INSPECT AND AUDIT
4.1. All records, books, documents papers and financial information (the
"Records") that result from Severn Trent providing services to the City
under this Agreement shall be the property of the City.
4.2. Upon termination of this Agreement, any and all such Records shall be
delivered to the City by Severn Trent within 15 days.
4.3. Severn Trent shall maintain records, books, documents, papers and
financial information pertaining to work performed under this Agreement
during the term of this Agreement and for a period of 3 years following
termination of this Agreement.
4.4. The City Manager or his designee shall, during the term of this Agreement
and for a period of three (3) years from the date of termination of this
Agreement, have access to and the right to examine and audit any Records
of Severn Trent involving transactions related to this Agreement.
4.5. The City may cancel this Agreement for refusal by Severn Trent to allow
access by the City Manager or his designee to any Records pertaining to
work performed under this Agreement or that are subject to the provisions
of Chapter 119, Florida Statutes.
5. INDEMNIFICATION
5.1. Severn Trent shall defend, indemnify, and hold the City harmless from
and against any and all demands, claims, suits, liabilities, causes of action,
judgment or damages, arising out of, related to, or in any way connected
with Severn Trent's performance or non-performance of any provision of
this Agreement including, but not limited to, liabilities arising from
contracts between Severn Trent and third parties made pursuant to this
Agreement. Severn Trent shall reimburse the City for all its expenses
including reasonable attorney fees and costs incurred in and about the
defense of any such claim or investigation.
6. INSURANCE
6.1. Severn Trent shall maintain at its sole cost and expense and all times, in
addition to any other insurance the City may reasonably require,
professional liability insurance, employee dishonesty insurance,
employer's liability insurance, comprehensive general liability insurance
3
in Miami-Dade County, Florida. The parties hereby waive any right to a
trail by jury in any such litigation.
12. WAIVER
12.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver
of the violation or breach, or of any future violation, breach or wrongful
conduct.
13. NOTICES/AUTHORIZED REPRESENTATIVES
13.1 Any notices required or permitted by this Agreement shall be in writing
and shall be deemed to have been properly given if transmitted by hand-
delivery, by registered or certified mail with postage prepaid return receipt
requested, or by Federal Express addressed to the parties at the following
addresses:
For the City:
City of A ventura
Attention: Eric M. Soroka, City Manager
19200 West Country Club Drive
Aventura,FL 33180
Telephone: (305) 466-8910
Facsimile: (305) 466-8919
With a copy to:
Weiss Serota Helfman Pastoriza Cole & Boniske, PL
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, Florida 33134
Telephone (305) 854-0800
Facsimile: (305) 854-2323
For Severn Trent:
Peter Witschen, District Manager
Severn Trent Environmental Services Inc.
210 North University Drive
Suite 700
Coral Springs, Florida 33071
Phone: (954) 753-5841
Facsimile: (954) 345-1292
6
Either party shall have the right to change its address for notice purposes by sending written
notice of such change of address to the other party in accordance with the provisions hereof.
14. INDEPENDENT CONTRACTOR
14.1. Severn Trent is and shall remain an independent contractor and is not an
employee or agent of the City. Services provided by Severn Trent shall be
by employees of Severn Trent and nothing in this Agreement shall in any
way be interpreted or construed to deem said employees to be agents,
employees, or representatives of the City.
14.2. Severn Trent shall be responsible for all compensation, tax
responsibilities, insurance benefits, other employee benefits, and any other
status or rights of its employees during the course of their employment
with Severn Trent.
14.3. The City Manager shall have the right to require Severn Trent to transfer
personnel out of the City of A ventura. Severn Trent agrees to transfer said
personnel within 10 days of notification by the City Manager.
15. EQUIPMENT APPRAISAL AND TRANSFER
15.1. In the event of termination or upon the expiration of this Agreement, the
City shall have the option to purchase or sublease from Severn Trent any
piece of equipment, owned by leased by Severn Trent in use by Severn
Trent at any of the City's offices at the equipment appraised value.
15.2. Upon the exercise by the City of its option to purchase or sublease the
subject equipment, Severn Trent shall execute all necessary documents
within ten (10) days or within a mutually agreed time.
16. ASSIGNMENT
16.1. This Agreement shall not be assignable by the City or Severn Trent.
17. PROIDBITION AGAINST CONTINGENT FEES
17.1 Severn Trent warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Severn Trent,
to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person(s), company, corporation, individual or firm, other than a
bona fide employee working solely for Severn Trent, any fee, commission,
7
percentage, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement.
18. WARRANTIES OF SEVERN TRENT
18.1. Severn Trent hereby warrants and represents that at all time during the
term of this Agreement that it shall maintain in good standing all required
licenses and certificates required under federal, state and local laws
necessary to perform the services and shall comply with all applicable
laws.
19. ATTORNEYS FEES
19.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
[ Remainder Of Page Is Intentionally Left blank]
8
IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the
date indicated above.
WITNESSES:
Print Name:
Print Name:
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Print N : P r J. Witschen
Title: District Manager
Date:
~t. .lei Z<?(2 ')
CITY OF A VENTURA
By:
Eric M. Soroka, ICMA-CM
City Manager
Date:
9
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Cit
TO: City Commission
DATE: July 26, 2007
SUBJECT: Resolution Declaring Equipment Surplus
September 11, 2007 Commission Meeting Agenda Item S1)
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the Police Department and the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
ceo 1588-07
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
a vote, the vote was as follows:
, who moved its
, and upon being put to
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2007-_
Page 2
PASSED AND ADOPTED this 11th day of September, 2007.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Jvrjl1~ ~
CITY A TIORNEY
SUSAN GOTTLIEB, MAYOR
CITY OF A VENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Steven Steinberg, Chief of Police
DATE: 24 July 2007
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Firearms:
See attached list
These firearms were not purchased by the city; they are firearms that have been
taken into custody by officers during active cases, or firearms turned in by
citizens for disposal by the police. All firearms listed have been converted as
allowable by FSS to city property.
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CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE
TO:
Eric M. Soroka, City Ma
FROM:
Steven Steinberg, Chief
DATE:
31 July 2007
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Firearms:
See attached list (H&K firearms)
These firearms were purchased by the city with forfeiture funds shortly after the
initial start up of the police department, approximately eight or nine years.
Heckler & Koch, the manufacturer of these firearms, has advised us that they no
longer make parts for these weapons. It is for this reason that I want to surplus
these weapons. Currently some weapons need parts replaced and obtaining
those parts requires a search of vendors to find out if any vendor has a particular
part in stock. Also, once surplused the department can pursue obtaining other
firearms for officers to use.
I would also request that if these firearms are sold, and no other firearms are
purchased with the money obtained from the sale, that all monies be deposited
into the police department State LETF fund as this is where the money originally
came from for their purchase.
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
VIA: Chain of Command
FROM: Lt. Labombarda
SUBJECT: H&K MP5 Weapon Surplus
Date: July 26, 2007
Chief,
We are requesting the surplus of 30 of our departmentally own H&K MP5 .40 Caliber
weapons for possible sale or destruction.
Make Model Serial #
H&K MP5 69-1351
H&K MP5 69-1352
H&K MP5 69-1353
H&K MP5 69-1354
H&K MP5 69-1355
H&K MP5 69-1356
H&K MP5 69-1357
H&K MP5 69-1358
H&K MP5 69-1359
H&K MP5 69-1360
H&K MP5 69-1361
H&K MP5 69-1362
H&K MP5 69-1363
H&K MP5 69-1364
H&K MP5 69-1365
H&K MP5 69-1366
H&K MP5 69-1367
H&K MP5 69-1368
H&K MP5 69-1369
H&K MP5 69-1370
H&K MP5 69-1820
H&K MP5 69-1821
H&K MP5 69-1822
H&K MP5 69-1823
H&K MP5 69-1824
H&K MP5 69-1825
H&K MP5 69-1826
H&K MP5 69-1827
H&K MP5 69-1828
H&K MP5 69-1829
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, IC
City Manager
TO: City Commission
BY: Joanne Carr, AIC
Planning Director
DATE: August 14,2007
SUBJECT: Request of Hi Lift Marina LLC for extension of Conditional Use and
Variance approvals granted through Resolution No. 2006-57 for property
located at 2890 NE 18ih Street, Aventura (01-CU-06 EXT and 02-VAR-
06 EXT)
September 11, 2007 City Commission Meeting Agenda Item
')r:::'
~ J,.:..-
RECOMMENDATION
It is recommended that the City Commission approve, by motion, the request for
extension of the approvals granted through Resolution No. 2006-57 for an additional six
month period, from September 12, 2007 to March 12, 2008.
THE REQUEST
The applicant, Hi Lift Marina, LLC, is requesting a six month extension of the following
conditional use and variance approvals granted through Resolution No. 2006-57 passed
on September 12, 2006:
. Conditional Use approval to permit construction of a new marina and dry dock
boat storage building with a height of 90 feet in the TC2, Town Center Marine
District, where a maximum height of 4 stories or 50 feet is permitted by Code;
. Variance from Section 31-145(c)(10) of the City's Land Development
Regulations to permit a development with a view corridor of 15 feet, where a
66.76 foot view corridor is required by Code; and
. Variance from Section 31-221 (i)(2) of the City's Land Development
Regulations to permit a minimum buffer strip of 4'8", where a minimum 7'
buffer strip is required by Code.
all on property located at 2890 NE 18ih Street, Aventura. (See Exhibit #1 for Letter of
Intent, Exhibit #2 for Resolution No. 2006-57 and Exhibit #3 for Location Map)
BACKGROUND
Section 31-73(e)(2) of the City's Land Development Regulations provides that:
"... the approval of a conditional use application shall be void if the recipient does not
obtain a building permit for the proposed development within 12 months after the date of
the approved resolution. An applicant who has obtained conditional use approval may
request an extension of time period by filing within the 12 month period, a letter stating
the reasons for the request. The City Commission may, by resolution or motion at a
regular meeting, grant one extension of up to six months for good cause shown by the
applicant".
Section 31-76 (g) of the City's Land Development Regulations provides that:
"...the approval of a variance shall be void if the recipient does not obtain a building
permit or other development order for the proposed use within 12 months after the
granting of the variance. An applicant who has obtained approval of a variance may
request an extension of this time within the original approval period. The City
Commission may, at a regular or special meeting, grant up to a six-month extension
request for good cause shown by the applicant. "
The applicant was granted approval of the conditional use and variances by Resolution
No. 2006-57 passed on September 12,2006. The above code sections provide that the
approvals are void if a building permit is not obtained on or before September 12, 2007.
A building permit has not been issued by the City to date.
The applicant's attorney has advised that the applicant has experienced delays in the
permitting process due to the need to obtain permits from the US Army Corps of
Engineers, the Florida Department of Environmental Protection and the Miami-Dade
Department of Environmental Resources Management. They further advise that
applications for these permits were filed on December 11, 2006 and to date, none of
these permits have been issued despite the applicant's quick response to review
comments from these agencies. Pursuant to the above code sections, the applicant is
requesting a six month extension of time in which to obtain the building permit. In staff's
opinion, the applicant has shown good cause in obtaining permits. It is therefore
recommended that a six month extension of the conditional use and variance approvals
be granted.
2
Greenberg
Traurig
RECEIVED
AUG 13 2007
COMMUNITY Dr-VELOP
- MENT
Clifford A. Schulman
TeL (305) 579-0613
Fax (305) 961-5613
schulmanc@gtlaw.com
August 8, 2007
Ms. Joanne Carr
Planning Director
City of A ventura
19200 West Country Club Drive
Aventura, FL 33180
Exhibit 1
01-CU-06 &. 02-VAR-06 Ext
Re: Hi Lift Marina / Resolution No. 2006-57 / Extension of Time
Dear Ms. Carr:
Pursuant to Sections 3l-73( e )(2) and 31-76(g) of the A ventura Land Development
Regulations, (the "LDR' s"), we respectfully request a 6 month extension of time so as to obtain
a building permit for the Hi Lift Marina project which received conditional use and variance
approvals with the passage of Resolution No. 2006-57 (copy attached) of the Aventura City
Commission. Resolution No. 2006-57 requires that a building permit be obtained for this
project by September 12, 2007. Unfortunately, our client has experienced delays in the
permitting process due to the need to obtain permits from the U.S. Army Corps of Engineers,
the Florida Department of Environmental Protection, and the Miami-Dade Department of
Environmental Resources Management for work over and upon tidal waters and submerged
lands.
Applications for these permits were filed on December 11, 2006, and, despite our
client's quick response to each of these agencies request for more information, none of these
permits has yet been issued. As you will remember, this project is entirely water dependent and
issuance of these permits is absolutely necessary for the continued elaboration of this project.
We do expect to be ready to submit applications for demolition and full building permit in the
very near future but require an extension of time so that all necessary permits are issued.
Accordingly, please schedule this request for an extension of time on the next available agenda
of the City Commission. If you have any questions, please contact me at 305-579-0837. Many
thanks for your attention to this matter.
Sincerely" oA (
f(~./~~-J~
~CIifford A. Schulman
cc: Mr. Andrew Stumer
Mr. Andrew Ginsburg
Mr. John Ross
Greenberg Traurig, p.A.1 Attomeys at Law 1 1221 Brickell Avenue I Miami, FL 331311 Tel 305.579.0500 1 Fax 305.579.07171 www.gtlaw.com
Exhibit 2
01-CU-06 &. 02-VAR-06 Ext
RESOLUTION NO. 2006-57
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING
CONDITIONAL USE APPROVAL TO PERMIT THE
CONSTRUCTION OF A MARINA AND DRY DOCK BOAT
STORAGE BUILDING WITH A HEIGHT OF 90 FEET IN
THE TC2, TOWN CENTER MARINE DISTRICT, WHERE A
MAXIMUM HEIGHT OF 4 STORIES OR 50 FEET IS
PERMITTED BY CODE; GRANTING VARIANCE FROM
SECTION 31-145(c)(10) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A VIEW
CORRIDOR OF 15 FEET WHERE A 66.76 FOOT VIEW
CORRIDOR IS REQUIRED BY CODE; AND GRANTING
VARIANCE FROM SECTION 31-221{i)(2) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT A
MINIMUM BUFFER STRIP OF 4'8", WHERE A MINIMUM
7' WIDE BUFFER STRIP IS REQUIRED BY CODE FOR
PROPERTY LOCATED AT 2890 NE 187 STREET, CITY
OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned TC2, Town Center Marine
District; and
WHEREAS, the Applicant, Hi lift Marina LLC, through Application No. 01-CU-06,
has requested conditional use approval to permit the construction of a marina and dry
dock boat storage facility with a height of 90 feet, where a maximum height of 4 stories
or 50 feet are permitted by Code; and
WHEREAS, the applicant, Hi Lift Marina LLC, through Application No. 02-VAR-
06, has requested variance from Section 31-145(c)(10) of the City's Land Development
Regulations to permit a development with a view corridor of 15 feet, where a 66.76 foot
view corridor is required by Code and Variance from Section 31-221 (i)(2) of the City's
Resolution No. 2006-57
Page 2
Land Development Regulations to permit a buffer strip of 4'8", where a minimum 7'
buffer strip is required by Code; and
WHEREAS the applicant has proffered a covenant prohibiting residential uses
on the site and the City Commission has accepted such proffer; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission has reviewed the application for conditional
use and finds that the conditional use requested meets the standards for approval of
conditional uses as set forth in Section 31-73(c) of the City's Land Development
Regulations; and
WHEREAS, the City Commission has reviewed the application for variance to
Section 31-145(c)(10) and finds that the variance requested meets the standards for
approval of variances as set forth in Section 31-76(e) of the City's Land Development
Regulations; and
WHEREAS, the City Commission has reviewed the application for variance to
Section 31-221 (i)(2) and finds that the variance requested meets the standards for
approval of variances as set forth in Section 31-76(e) of the City's Land Development
Regulations; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2006-57
Page 3
Section 1. Application No. 01-CU-06 for conditional use approval of a 90 foot
tall building in the TC2, Town Center Marine District, on land described in Exhibit "A" is
hereby granted, subject to the condition in Section 4 of this Resolution.
Section 2. Application No. 02-VAR-06 for a variance from Section 31-145(c)(10)
of the City's Land Development Regulations to permit a 15 foot view corridor where a
66.76 foot view corridor is required by Code, on land described in Exhibit "An is hereby
granted, subject to the condition in Section 4 of this Resolution.
Section 3. Application No. 01-VAR-06 for a variance from Section 31-221(i)(2)
of the City's Land Development Regulations to permit a 4'8" foot buffer strip where a
minimum 7 foot buffer strip is required by Code on land described in Exhibit "An is
hereby granted, subject to the condition in Section 4 of this Resolution.
Section 4. As a condition of approval of the conditional use and variances in
Sections 1 through 3 inclusive of this Resolution, the applicant shall deliver to the City,
in form satisfactory to the City Attorney, a covenant prohibiting residential uses on the
property described in Exhibit "A". Such covenant shall be recorded in the Public
Records of Miami-Dade County at the expense of the applicant.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Weinberg who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
yes
yes
no
yes
yes
yes
yes
Resolution No. 2006-...5L
Page 4
PASSED AND ADOPTED this 1ih day of September, 2006.
~~
-'SUSAN GOTTLIEB, MAYOR
APPROVED AS TO LEGA~ SUFFICIENCY:
rl~
CITY ATTORNEY
Office of the City Clerk this ~ day of ~ 2006.
u..
Resolution No. 2006-~
Page 5
EXHIBIT "A
LEGAL DESCRIPTION:
PARCEL A-1
Commence at the Northeast corner of the NW 1/4 of the SE 1/4 of the Sw 1/4 of
Fractional' Secti"on 3, Township 52 South. Range 42 Eost, Miami-Dade County, Florida: thence
run North 0 degrees 39'25" West for a distance of 18025 feel to a point: thence run North
89 degrees 20'35" East for a distance of 70 feet to a pain t on the East right -of -woy line
of NE. 29th Avenue; thence run South 0 degrees '>9'25" East along the East right -of -way
line of N.E. 29th Avenue for 0 distance of 49.74 feet to the point of beginning of the
follOWing described parcel and the pOint of curvature of 0 curve concove to the Northwest;
thence conlinue along said curve, having for its eiements a radius of 19890 feet, 0 cenlrel
angle of 90 degrees 42' 40", for on arc distance of 31490 feet to the point of tangency en
the South right-of-way line of N.E lB7th Street; thence run North 89 degrees 56'45' West
along said South right -of -way line for a distance of 14258 feet to a pOint: thence run
South 0 degrees 02' 30" West for 0 distance of 188 64 feet to 0 point of curyoture of 0
curve concave to the Northeast; thence run alc'ng the arc of sa.d curve. hav.ng for lis
elements 0 rodius at 30 feet, 0 central ongte of 45 degrees 04'53'. for 0 d,stance of 2360
feet to 0 point of reverse curve~ thence run along the arc of a curve concave to the
Southwest, having for its elements a radius of 100 feet, 0 central angle of 21 degrees 29.05"
for 0 distance of 37.50 feet to 0 pOint on said curve. said point beefing North 66 degrees
26' 42" East from the center of said curve: thence run South 89 decrees 58'; 5" Eost ior 0
distance ot 297.03 feet to 0 point; thence run North 0 degrees 39'25" Wesl, 7.1610 feet te> 0
point; thence run North 88 degrees 51'54" East for 0 distance of 20 feel .to 0 pOint, thence
run North 0 degrees 39'25" West for a distance of 225.4' feet to the poir.l of beg,nning
PARCEL A-2
Together with the canol eosement rights more specihcaily set out ir: eosemer:t oqreement
e~ecuted by RB Goutier, Jr., individually ond os Trustee. loined by hos Wife. FrCl'2ces Gout.er.
and Atlos Terminals of FloClda, Inc to North Dade Ac;res. no. 'Je!elj June 4. lYb2. In 0ff,clol
Records Book 3185, Page 743 of t.he Public .'~ec()rds of Miom. - Dade County. Fiorlda.
AND: PARCEL B - SUBMERGED PARCEL: WEST
A portion. of the Trod "c, ATLAS TERMINAL RESIDE.NTIAL. q<;:cordlng to the piat thereof os
(I~eorded .n Plot Book 146 at Pooe 18, of the PubliC Records 01 Miami -Dode County, FIc,rido.
and being more porticuiarly descr~bed as follows
Begin at the Southwest corner of said Tract "C". thence N 00'39'25" W along the West line of
said Troct 'c' for 11 1 10 feet to the Northwest corner of soid Troct "C', thence N 88'51'54"'
E along the North line of said Tro~t. "e" for 399.91 feet to 0 pOint on the Southerlv extens'on
of the West hne at Fort,n, Leavy, :,kdes. Ine, Drowlng Number 2099D-179-8. (joted February
2, 2004; thence S 00'39'25" E alonq soid Southerly extens:on 'Jf the West line of Fortrn.
Leovy, Skiles. Ine. Drawing Number 20990- 1 79 -8. dated F ebruor'y 2, 2004. f.;r 1 19 2!) lee I to
a pOint on the South line of saod Tract "C"; thence N 89'58'36" W along said South 'in" 0'
Tract "C' lor 399.93 feet to the Point of Beqinnmg.
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192 ST.
192 ST.
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Exhibit 3
01-CU-06 &. 02-VAR-06 Ext
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 3l-7l(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which
is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies
all persons representing the individual or entity applying for the Development Permit in connection with the application. as follows:
Name
Relationship (i.e. Attorneys. Architects, Landscape
Arch/reclS. lng/lIIIeTS. Lobbyists, Etc.)
Clifford A. Schulman
Attorney
Mario Garcia-Serra
Attornev
(Attach Additional Sheets (fNecessary)
NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING
FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS
AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-
7l(B)(Z)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSJDERA TION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION,
THE INFORMA nON PROVIDED IN THE AIDA VIT BECOMES INCORRE 0 INCOMPLETE.
WITNESS MY HAND THIS 31- DAY OF , 2007.
(Signature)
X By:
Title:
AUTHORIZED REPRESENTATIVE OF APPLICANT;
By:
Name:
(Print)
Title:
Address:
A ventura. Florida 331 &0
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
My commission eXPires;~ l\ \ It.1
1 fl\.,
Before me the undersigned authority personally appeared John Ross as
Applicant and/or the owner of the property subject to the application, who being first by me
he/she executed this Affidavit for the purposes stated therein and that it is true and correct.
X
~ANT
SWORN TO AND SUBSCRIBED BEFORE ME this~y of .2007,
THADDEUS CHUCHlA, JR.
Nolary Public . Slate of FIorfda
ConvnIsaIon Expires May 11. 2010
CornnQalon . DO 551022
Bonded B Natlonal Note" AlIA.
BUSINESS RELA TIONSIDP AFFIDA VIT*
This Affidavit is made pursUllIlt to Section 31-7l(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with AX" applicable ponlons only)
[X J 1. Affiant does Wl1 have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ } 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature oftbe Business Relationship is as follows:
( J i. Member of City Commission or Board holds an ownership Interest in excess of I % of total assetS or
capital stock of Applicant or Representative;
[ J ii. Member of City COMmission or Board is a partner, co-shareholder (as to shares of a cOlporation which
are not listed on any national or regional stock exchange) or joint venturer with !he Applicant or
Representative in any business venture;
(1 iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
(J iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transncts more than $10,000.00 of the business of the member of the City
Commission or Board (or his Or her employer) in a given calendar year;
[ J vi. The member of the City Commission or Board is a Customer of th e Applicant or Representative and
transacts more than $2S,OOO.00 of the business of the Applicant or Representative in a given calendar
year.
WITNESS MY HAND THIS
DAY OF
,2007.
APPLICANT:
By:
Name:
Title;
(Signatut'e)
rim)
(Print)
THIS
DAY OF
,2007.
)(BY:
Name:
Title:
(Signature)
(print)
(Print)
elationship." "Client," "Customer, .. "Applicant, .. "Representative" and "Interested Person"
-395 of the Avencura City Code.
WITNESS MY HAND THIS ..3L DAY OF A U "Jus l ,2007.
REP~~n Business Relationship Affidavit)
By: .... bignatl/re) By: (Signature)
, /
Name: Mario J. Garcia-Serra (Print) Name: (Print)
(Print) Title: (Print)
By: 'Signature) By: (Signature)
(Print) Name: (Print)
(Print) Title: (Print)
;>< By: (Signature) By: (Signature)
Name: (Print) Name: (Print)
(Print) Title: (Print)
By: (Signature) By: (Signature)
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature)
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature)
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: I) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-
71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the application by the City Board or Commission. the information provided in the
Affidavit becomes incorrect or incomplete.
NOT ARIZA nON PROVISION
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared i rd
being first by me duly sworn, did swear or affirm that he/she~xecuted s
therein and that it is true and correct. .
, ...
AFFIANT
HolIIy Public . StaIll 01 Florida
CoImliaIoft Elrpies Sep 17. 2010
CommIIslo.. , 00 553129
8andecf By NIIiClflII NoCIry AllIn.
Printed Name ofNolary
My commission expires:
---.----....--...---...............--------...........---.............---.........-.......-..--..-...-..-----...........--..-----------.-.-......-......-....-.................-....-.......
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant. who being
first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated
Iberein and Ibat it is true and correct. . ~ ~ _ J ~
A FIANT
(;007.
SWORN TO
Printed Name ofNolary
My eommission expires:
...........---....----..-....--..-.....-..........---...---................--........-...........--..-........-......-........................--...-.............--..........---..-.............-...--..-.............
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared John Ross, the Affiant, who being first
by me duly sworn, did swear or affirm that he/she executed this Affidavit for purposes stated therein
and that it is true and correct. x1
AF NT
.2/).... tL.. ~..J KJr
S~E>RN TO AND SUBSCRIBED before me Ihis z- day of ~ 2007.
.......... lMADOEUS CHUCt4LA. JR.
G~ Notary PubIC. SIMa.or PIDIlda
. .l...:ColnIl\ISIlllftExplrtl Maf". 2010
~ ~r' Con\lIIIStkllI' DO 551022
. . 'J:i..fI Banded B Na\IonII N . AIIft.
.blOttrY PIIillia State ~oricla ~r large
\~..>:!o~\Io...
Printed Name ofNolary -1. I ..
My commission cxpires:~
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
BY: ~~rian K. Raducci, Finance S
DATE: August 30, 2007
SUBJECT: Change in Signatories - Bank of America
September 11, 2007 City Commission Meeting Agenda Item 5 ~ F
RECOMMENDATION
It is recommended that the City Commission consider and approve the attached
Resolution authorizing and directing the City Manager to amend the list of
authorized Bank of America bank account users for all accounts as set forth on
certain bank forms.
BACKGROUND
Due to recent staff changes in the Finance Support Services Department, it is
necessary for Bank of America to update its records in order to provide the
appropriate City Representatives with proper access to the City's bank accounts.
The City is responsible for informing Bank of America of these staffing changes
so that the bank account signatories are current and to ensure proper internal
controls.
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING AND
DIRECTING THE CITY MANAGER TO AMEND THE LIST
OF AUTHORIZED USERS FOR ALL BANK OF AMERICA
BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK
FORMS; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Aventura ("City") previously
authorized the use of Bank of America for Banking Services; and
WHEREAS, as a result of recent staff changes, it is necessary to advise Bank of
America of those changes and to revise certain bank forms to designate the appropriate
City representatives who are authorized to have access to the City's accounts; and
WHEREAS, the City Commission finds that it is in the best interests of the City to
approve changes to certain bank forms in order to designate the appropriate City
representatives who will have authority to access the City's accounts and to maintain
proper internal controls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The foregoing recitals are ratified and confirmed as being true and
correct and are hereby made a specific part of this resolution upon adoption.
Section 2. Checks issued or withdrawals made from accounts maintained by
the City in public depositories shall be signed by the City Manager and Finance Support
Services Director.
Resolution No. 2007-
Page 2
Section 3. The City Manager is hereby authorized and directed to amend the
list of authorized users for all Bank of America accounts as set forth on certain bank
forms.
Section 4. The City Manager and Finance Support Services Director are
authorized to establish accounts from time to time on behalf of the City at Bank of
America, as well as to operate and close such accounts, and to designate persons to
operate each such account including closing the account.
Section 5. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption.
This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2007-
Page 3
PASSED AND ADOPTED this 11th day of September, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
l
/~11~ ~
CITY ATTORNEY
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
By:
DATE:
Eric M. Soroka, City Ma
~
Harry M. Kilgore, Fi e S port Services Director
d of Directors)
TO:
From:
August29,2007
SUBJECT: Special Purpose Financial Report for ACES FY June 30, 2007
September 11, 2007 City Commission Meeting Agenda Item S' ~
Recommendation
It is recommended that the City Commission approve the following motion:
"Motion to accept for filing the Special Purpose Financial Report
for the Aventura City of Excellence School for the fiscal year
ended June 30, 2007 and to accept for filing that letter dated
August 28,2007 attached hereto as Attachment 1."
Backaround
The Special Purpose Financial Report for ACES and the letter dated August 28,
2007 was distributed to the Mayor and Commissioners on September 5, 2007.
A memorandum was distributed along with the Report and letter.
The Rules of the Auditor General, Chapter 10.550, requires that the Report be
filed as an official record at a public meeting. This motion satisfies that
requirement. In addition, the independent audit firm, McGladrey Pullen &
Company, LLP has requested that the letter dated August 28, 2007, identified as
Attachment I, be accepted for filing with the City Commission.
A representative of McGladrey Pullen & Company, LLP, the audit firm, will be
present at the meeting. However, since the Report is the responsibility of the
City, I respectfully request that any questions be discussed with the City
Manager and me prior to the meeting.
HMKljb
McGladrey & Pullen
Certified Public Accountants
ATTACHMENT 1
August 28, 2007
To the Honorable Mayor, City Commissioners and City Manager
of the City of Aventura, Florida
Aventura School of Excellence School
Aventura, Florida
This letter is intended to inform the Mayor, Members of the City Commission, and the City Manager about significant
matters related to the conduct of the annual audit so it can appropriately discharge its oversight responsibility and
that we comply with our professional responsibilities to the Mayor, the Members of the City Commission, and the City
Manager.
In addition to our report on your special purpose financial statements, we have provided, under separate cover, our
reports dated August 9,2007 on internal controls, compliance and other matters for the year ended June 30, 2007 of
the Aventura City of Excellence School (the "School").
The following summarizes various matters which must be communicated to you under auditing standards generally
accepted in the United States of America.
The Auditor's Responsibility Under Auditing Standards Generally Accepted in the United States of America
Our audit of the financial statements of the School for the year ended June 30, 2007 was conducted in accordance
with auditing standards generally accepted in the United States of America and Government Auditing Standards
issued by the Comptroller General of the United States. Those standards require we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free of material misstatement, whether
caused by error, fraudulent financial reporting or misappropriation of assets. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by management, as well as evaluating the
overall financial statement presentation. Accordingly, the audit was designed to obtain reasonable, rather than
absolute, assurance about the financial statements. We believe our audit accomplished that objective.
In accordance with Government Auditing Standards, we have also performed tests of intemal controls over financial
reporting and compliance with certain provisions of laws, regulations, contracts, grant agreements, and other matters
that contribute to the evidence supporting our opinion on the special purpose financial statements. However, they do
not provide a basis for opining on the School's internal control over financial reporting or compliance with laws,
regulations, contracts, grant agreements and other matters.
Management Judgments and Accounting Estimates
Accounting estimates are an integral part of the preparation of financial statements and are based upon
management's current judgment. The process used by management encompasses their knowledge and experience
about past and current events and certain assumptions about future events. Management has informed us they used
all the relevant facts available to them at the time to make the best judgments about accounting estimates and we
considered this information in the scope of our audit. Estimates significant to the financial statements pertains to the
estimated useful lives of the School's capital assets. The Mayor, the Members of the City Commission, and the City
Manager may wish to monitor throughout the year the process used to compute and record this accounting estimate.
McGladrey & Pullen. LLP is a member firm of RSM International.
an affiliation of separate and independent legal entities.
Audit Adiustments
There were a few audit adjustments made to the original trial balance presented to us to begin our audit. Of the
adjustments that were recorded, there were none that could, in our judgment, either individually or in the aggregate,
have a significant effect on the School's financial reporting process. See Exhibit A.
Uncorrected Misstatements
We do not have any uncorrected misstatements to the financial statements. All adjustments identified by us were
discussed with management and made to the financial statements.
AccountinQ Policies and Alternative Treatments
Management and the Members of the City Commission, and the City Manager have the ultimate responsibility for the
appropriateness of the accounting policies used by the School. The School did not adopt any significant new
accounting policies nor have there been any changes in existing significant accounting policies during the current
period which should be brought to your attention for approval.
We did not identify any significant or unusual transactions or significant accounting policies in controversial or
emerging areas for which there is a lack of authoritative guidance or consensus.
Other Information in Documents Containing Audited Financial Statements
We are not aware of any other documents that contain the audited special purpose financial statements. If such
documents were to be published, we would have a responsibility to determine that such financial information was not
materially inconsistent with the audited financial statements of the School.
Disagreements with Management
We encountered no disagreements with management over the application of significant accounting principles, the
basis for management's judgments on any significant matters, the scope of the audit or significant disclosures to be
included in the financial statements.
Consultations with Other Accountants
We are not aware of any consultations management had with other accountants about accounting or auditing
matters.
Major Issues Discussed with Management Prior to Retention
No major issues were discussed with management prior to our retention to perform the aforementioned audit.
Difficulties Encountered in Performing the Audit
There were no difficulties encountered during the course of our audit of the special purpose financial statements for
the year ended June 30, 2007.
ClosinQ
We will be pleased to respond to any questions you have about the foregoing. We appreciate the opportunity to
continue to be of service to the School.
This report is intended solely for the information and use of the Mayor and Members of the City Commission, the City
Manager and management and is not intended to be and should not be used by anyone other than these specified
parties.
/f(~//~/ LL-?
Entry #
AJE 1
AJE 2
AJE 3
AJE 4
AJE 5
AJE 6
AJE 7
AccounUCode
190-6010-569.64-10
190-6008-569.59-01
Aventura City of Excellence School
June 30, 2007
Exhibit A
Description
Debit
43,287.00
Equipment / Office
Other Expenses / Contingency
M&P-to correct client reclass entry.
190-0000-366.19-00
190-0000- 203. 00-00
Private Service Revenue / Charter School
Deferred Revenue
30,862.00
CJE-to reclassify 6/23/07 cash receipts for
toolbox orders as unearned revenue (will be
purchased and delivered next year).
190-0000-335.99-10
190-0000-115.00-00
190-0000-115.00-00
190-0000-335.99-10
State Shared Revenues / Capital Outlay
Current Assets / Accounts Receivable
Current Assets / Accounts Receivable
State Shared Revenues / Capital Outlay
62,579.00
54,443. 00
CJE-to correct posting of capital outlay
receivable at 6/30/07 to amount received in
July 2007.
190-0000-115.00-00
190-0000-335.91-00
Current Assets / Accounts Receivable
State Shared Revenues / Fla Education Fin. Comm
41,621.00
CJE-to accrue amount for performance pay due
to School but not paid per confirmation.
190-6006-569.25-01
190-0000-202.00-00
Unemployment Comp / City Payment
Liabilities / Accounts Payable
6,325.00
CJE-to accrue unemployment compensated for
Dr. Murphy payable as of 6/30/07.
190-6006-569.31-90
190-0000-335.91-00
Other Professional Services
State Shared Revenues / Fla Education Fin. Comm
63,047.00
M&P - to gross up FEFP revenue for
administrative fee.
190-6006-569.12-11
190-6006-569.21-01
190-6006-569.22-01
190-6006-569.23-01
Employee Salary I Administrators
Social Security I City Contribution
Pension I City Contribution
Health Insurance I Health, Life & Disability
1,692.00
147.00
118.00
156.00
Credit
43,287.00
30,862.00
62,579.00
54,443.00
41,621.00
6,325.00
63,047.00
190-6006-569.24-01
1 90-6008-569.12-60
190-6008-569.21-01
190-6008-569.22-01
190-6008-569.23-01
190-6008-569.23-02
190-6008-569.24-01
190-0000-204.99-00
Workers Compensation I City Contribution
Employee Salary I Other Support Personnel
Social Security I City Contribution
Pension I City Contribution
Health Insurance I Health, Life & Disability
Health Insurance I Dental
Workers Compensation I City Contribution
Payroll Liabilities I Other
11.00
433.00
31.00
61.00
205.00
12.00
19.00
M&P - to recognize accrued payroll for five
days.
2,885.00
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AICPf\ I ii'
Planning Director ~.
DATE: August 22,2007
SUBJECT: Request of Shuva Israel Florida Inc. for Conditional Use Approval to
permit a synagogue, yeshiva and library in the Community Business (B2)
District, to be located in Suites 14 & 15B, Aventura Shopping Center
Plaza, 2956 Aventura Boulevard, Aventura (01-CU-07)
September 11, 2007 City Commission Meeting Agenda Item
b ,A
RECOMMENDATION
It is recommended that the City Commission approve the request for conditional use
approval to permit the establishment of a synagogue, yeshiva and library in the
Community Business (B2) district, subject to the following conditions:
1. Prior to commencement of the proposed uses, the applicant shall:
a) obtain all necessary permits and complete construction of improvements for safe
pedestrian access including pedestrian crosswalk markings across the private
road running south from Aventura Boulevard, from the existing sidewalk on the
west side of the road to the pedestrian crossing areas within the shopping
center, along with handicapped ramp and site sidewalk retrofits, all to be shown
on a plan to be submitted by the applicant.
b) obtain all necessary permits for interior renovations to the unit.
2. Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be null and void unless extended by a motion of
the City Commission.
3. Any discontinuation of the approved conditional use for a period of one hundred
and eighty (180) consecutive days shall constitute abandonment and shall
rescind this approval.
THE REQUEST
The applicant, Shuva Israel Florida, Inc., is requesting conditional use approval for the
establishment of a synagogue, yeshiva and library in a Community Business (B2)
District. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
LEGAL DESCRIPTION
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:
Regency Centers LP
Shuva Israel Florida Inc.
2956 Aventura Boulevard, Suites 14 & 15B
(See Exhibit #2 for Location Map and Exhibit #3 for
plaza layout and unit locations)
A portion of Tract "G" , Aventura Second Addition,
Plat Book 99, Page 21, Public Records of Miami-
Dade County, City of Aventura, Florida (See Exhibit
#4 for complete legal description)
B2, Community Business District
B2, Community Business District
B2, Community Business District
B2, Community Business District
CF,Community Facilities District
Shopping Plaza
Shopping Plaza
Aventura Mall
Bank and Office Building
Miami-Dade County Library
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Business and Office
Business and Office
2
The Site - The site of the proposed synagogue and yeshiva is a 10,800 square foot
unit on the second floor of the commercial/retail building in the Aventura Shopping
Center at 2956 Aventura Boulevard. The site of the proposed library is a 1,300 square
foot unit on the first floor of the same shopping center.
The Project - The applicant wishes to establish a synagogue and yeshiva in the
second floor unit with a main assembly room containing 100 seats to be used for
services and adult study, four classrooms for separate children's study with a maximum
of 25 children, offices, kitchen and restrooms. The applicant has advised City staff that
parents will be on the premises at all times with the children, so the classrooms would
not be a daycare type of use, but rather a separate study area for the children.
The applicant may also wish to establish a library for its religious materials in a first floor
unit in this shopping center, subject to conclusion of lease negotiations with the owner.
These materials would be available to borrowers at no cost. In anticipation of
successful conclusion of those negotiations, the applicant is requesting approval of a
library use as part of this application.
Congregant access to the unit is proposed by way of an existing sidewalk on the west
side of a private road to the west of the shopping center, over a crosswalk to be
installed by the applicant as a condition of this approval and then through existing
pedestrian crosswalks on site to the site sidewalk. This accessway is shown in dark
outline on the aerial photograph attached as Exhibit #5. The applicant will be required
to submit detailed plans, obtain a building permit for this work and complete the work
before beginning the proposed uses.
ANAL YSIS
Consistency with Comprehensive Master Plan - The request is consistent with the
City of Aventura Comprehensive Plan. Policy 2.3 of the Future Land Use Element
provides that community facilities (including schools and libraries) and places of
worship shall be allowed on property with a residential or business and office land use
designation through the conditional use procedures found in the City's Land
Development Regulations. The subject property has a business and office land use
designation.
Citizen Comments - The City has received no written comments from citizens.
Community Development Department Analysis - The applicant is requesting
conditional use approval to establish a synagogue, a yeshiva for adult and children's
study and a library in units in the Aventura Shopping Center on Aventura Boulevard.
This property lies within the Community Business (B2) zoning district according to the
City's Land Development Regulations. This district regulation provides that permitted
uses in the Community Facilities (CF) District may be established in this zone if first
approved as a conditional use. Churches or synagogues and other places of worship,
schools and libraries are permitted uses in the Community Facilities (CF) District.
3
Staff's concerns with this proposal are that safe pedestrian access and adequate
parking facilities be provided.
I. SAFE PEDESTRIAN ACCESS
The applicant has advised that congregants will be of orthodox Jewish faith and will
therefore walk to service and study. It is therefore imperative that safe pedestrian
access be provided to the unit. There are presently sidewalks on the public streets in
the vicinity of the shopping plaza and a sidewalk on the west side of the private road
running south of Aventura Boulevard that provides the main access to this plaza. In
order to ensure safe access, the applicant will be required to install pedestrian
crosswalk markings on this private road from the sidewalk on the west side to the plaza
site. Within the plaza property, there are sidewalks and marked crosswalks which will
require some retrofit to comply with ADA standards. The applicant has agreed to
construct the required crosswalk and retrofits. These improvements are included as a
condition of approval of this application.
II. PARKING
Although the applicant advises that most congregants will walk to service and study, the
City's Code does require provision of the parking spaces for these uses. The number
of parking spaces required is regulated by Section 31-171(b) of the City Code, which
states that:
(1) Places of worship require one parking space per four seats in the largest
assembly area. The proposed 100 seats in the main sanctuary require 25
parking spaces.
(2) Classrooms require five spaces plus one space per classroom or one space per
ten seats of the largest assembly area, whichever is larger. The proposed 4
classrooms, with the largest at 300 square feet with approximately 7 students
each, require 9 parking spaces.
(3) Libraries require one space per 350 square feet of gross floor area. A 1,300
square foot library will require 4 parking spaces.
The total number of spaces required for the proposed uses is 38 spaces. The plans
submitted by the owner of the plaza shows 485 existing parking spaces within the
Aventura Shopping Center parking lot. The owner has provided a list of current
tenants and based on these existing tenants and the proposed synagogue, yeshiva
and library, 461 parking spaces will be required by Code where 485 are provided,
leaving a surplus of 24 spaces.
4
Criteria
According to Section 31-73(c) of the City's Land Development Regulations, a
Conditional Use request is evaluated using the following criteria:
1. The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the Comprehensive Plan. The synagogue,
yeshiva and library are proposed to be located on a parcel with a business and
office land use designation through the conditional use procedures of the Code.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance or operation of the proposed synagogue,
yeshiva and library will not be detrimental to or endanger the public health, safety
or general welfare. Pedestrian access will be by way of marked crosswalks
from existing sidewalks and pedestrian crossings through the shopping center
parking lot. Installation of the marked crosswalks and construction of access
improvements are a condition of this approval.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed synagogue, yeshiva and library are consistent with the community
character of the immediate neighborhood. There are residential developments
within walking distance of the Aventura Shopping Center that may benefit from
the location of these uses.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of
these LOR's.
Utilities, roadway capacity, drainage and other necessary public facilities exist at
the City's adopted levels of service or will be available concurrent with demand
as provided for in the Land Development Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures exist to provide ingress and egress to the proposed use in a
manner that minimizes traffic congestion in the public streets. There are existing
accesses from the public street to the Aventura Shopping Center by way of
private road accessing both this and the Aventura Mall property.
5
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this synagogue, yeshiva and library will not impede the
development of surrounding properties for uses permitted in the zoning district.
The site is located within an existing two story portion of the shopping plaza.
7. The design of the proposed use shall minimize adverse affects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed synagogue will minimize adverse affects, including
visual impacts of the proposed use on adjacent property through the use of
building orientation, setbacks, buffers, landscaping and other design criteria.
The proposed uses are located on the first and second floor of an existing,
enclosed commercial/retail shopping plaza.
6
FROMBERG. PERLOW & KORNIK, P.A.
Attorneys at Law
l890IN.E. 29th A venue, Suite 100
Aventura, Florida 33180
Jeffrey M Perlow
Admitted to Florida and IJ1inOls BaTS
Telephone: (305) 933-2000
Telefax: (305) 936-0101
August 23, 2007
VIA HAND DELIVERY
Ms. Joanne Carr, Planning Director
CITY OF A VENTURA
19200 West Country Club Drive
Aventura, FL 33180
Exhibit 1
01-CU-07
RE: Shuva Israel Florida, Inc. - Conditional Use Permit/ Application
2956 Aventura Blvd., City of Aventura
Dear Ms. Carr:
The Applicant is a not-for-profit Florida corporation that seeks to secure
from the City of Aventura Conditional Use approval to operate a house of worship,
yeshiva and religious materials library at the address contained in the Application
submitted herewith. The Synagogue and Yeshiva are located on the second floor
of a portion of the Shopping Center known as "Aventura Shopping Center" and
contains approximately 10,800 square feet on the second floor and contains a
main sanctuary, offices, kitchen and classrooms. The proposed library is on the
first floor in a 1300 square space presently under negotiation for lease by the
Applicant. The proposed library will lend religious material at no cost to the
borrower.
The members of the Applicant adhere to the strict observance of Orthodox
Judaism. Their services include religious prayer, worship, song, Torah reading,
sermons, group discussions, required Sabbath and holiday festivities, celebrations
of religious events and religious study. A central tenant of Orthodox Jewish Faith
requires daily prayers and the presence of a "Minyan" - a quorum of 1 0 males over
the age of 13 - for reading from the Torah on the weekly Sabbath and religious
holidays.
Orthodox Judaism forbids its congregants to use cars or other means of
transportation during the weekly Sabbath and religious holidays; thus
congregants prefer to gather for worship and religious study in Synagogues close
enough to heir homes to allow them to walk to services. The City of Aventura
Zoning Code allows houses of worship in community facility zoned property (CF),
which is extremely limited in the City of Aventura, and not within walking
distance for the Applicant's congregants. A house of worship, Yeshiva and library
are not permitted uses in a B-2 zone but is a Conditional Use requiring the filing
of an application of review by the Community Development Department, a Public
Hearing, and approval by the City Commission.
Ms. Joanne Carr, Planning Director
CITY OF AVENTURA
August 23,2007
Page 2
Predicated on the foregoing, the Applicant seeks Conditional Use Approval
from the City Council to allow a house of worship, Yeshiva and library to be placed
at the site referred to herein, which is zoned B-2. The Applicant would
respectfully submit that a like facility exists in a B-2 zone in the City of Aventura
and that the uses proposed meet the criteria for granting of Conditional Use
Approval.
It is therefore respectfully requested that the City Commission grant the
Applicant Conditional Use Approval to operate a house of worship, a yeshiva and
a library for religious materials, at the subject location.
Very truly yours,
j /
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1-U~rY M. L'+"2~5
JEFFREY M. PERLOW
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Exhibit 2
01-CU-07
EXHIBIT #4
01-CU-07
LEGAL DESCRIPTION OF PROPERTY
A tract of land in both Section 34, Township 51 South, Range 42 East and Section 3,
Township 52 South, Range 42 East, Dade County, Florida and being a portion of Tract
"G", "Aventura Second Addition" as recorded in Plat 99 at Page 21 of the Public
Records of Dade County, Florida, more particularly described as follows:
Commence at the intersection of the centerline of Aventura Boulevard and West
Country Club Drive as shown on said plat of "Aventura Second Addition";
Thence S 82036'41" W along the centerline of Aventura Boulevard for 249.71 feet to a
point of curvature to a curve that is concave to the southeast;
Thence S 7023'19" E on a radial line to said curve for 73 feet to a point of curvature on
the southerly right of way line of said Aventura Boulevard;
Thence southwesterly along said right of way line, the same being a curve concave to
the southeast having a radius of 3746.72 feet and a central angle of 1028'37" for 96.58
feet to the point of beginning of said parcel of land, said point being the northeast
corner of said Tract "G";
Thence S 2040'32" E along the easterly line of said Tract "G" for 933.47 feet to the
southeast corner of said Tract "G";
Thence S 87019'28" W along the southerly line of said Tract "G" for 350 feet to the
southwest corner of said Tract "G";
Thence N 13008'55" W for 469.40 feet to a point of curvature to a curve that is concave
to the northeast;
Thence along the arc of said curve having a radius of 810 feet and a central angle of
22021'09" for 316 feet to a point of reverse curvature to a curve that is concave to the
northwest;
Thence along the arc of the last described curve, having a radius of 414.45 feet and a
central angle of 12010'45" for 88.06 feet to a point on a curve on the southerly right of
way of Aventura Boulevard;
Thence northeasterly along said right of way line, the same being a curve concave to
the southeast, having a radius of 3746.72 feet and a central angle of 6033'19" for
428.67 feet to the point of beginning. Containing 8.59 acres more or less.
7
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING
CONDITIONAL USE APPROVAL TO PERMIT THE
ESTABLISHMENT OF A SYNAGOGUE, YESHIVA AND
LIBRARY IN THE COMMUNITY BUSINESS (B2) DISTRICT
FOR PROPERTY LOCATED AT 2956 AVENTURA
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Shuva Israel Florida Inc., through Application No. 01-
CU-07, is requesting Conditional Use approval to permit the establishment of a
synagogue, yeshiva and library in the Community Business (B2) District; and
WHEREAS, the City Commission held a quasi-judicial public hearing as provided
by law to review the application; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to permit establishment of a
synagogue, yeshiva and library in the Community Business (B2) District on property
located at 2956 Aventura Boulevard and legally described as a portion of Tract G,
Aventura Second Addition, Plat Book 99, Page 21, Public Records of Miami-Dade
Resolution No. 2007-
Page 2
County, City of Aventura, Florida, more particularly described in Exhibit "A" to this
resolution, is hereby granted subject to the following conditions:
1. Prior to commencement of the proposed uses, the applicant shall:
a) obtain all necessary permits and complete construction of improvements for safe
pedestrian access including pedestrian crosswalk markings across the private
road running south from Aventura Boulevard, from the existing sidewalk on the
west side of the road to the pedestrian crossing areas within the shopping
center, along with handicapped ramp and site sidewalk retrofits, all to be shown
on a plan to be submitted by the applicant.
b) obtain all necessary permits for interior renovations to the unit.
2. Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be null and void unless extended by a motion of
the City Commission.
3. Any discontinuation of the approved conditional use for a period of one hundred
and eighty (180) consecutive days shall constitute abandonment and shall
rescind this approval.
Section 2. 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 Zev Auerbach
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Bob Diamond
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2007-_
Page 3
PASSED AND ADOPTED this 11th day of September, 2007.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
,
/~~/( 11tJ ~
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of
,2007.
CITY CLERK
Resolution No. 2007-_
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
A tract of land in both Section 34, Township 51 South, Range 42 East and Section 3,
Township 52 South, Range 42 East, Dade County, Florida and being a portion of Tract
"G", "Aventura Second Addition" as recorded in Plat 99 at Page 21 of the Public
Records of Dade County, Florida, more particularly described as follows:
Commence at the intersection of the centerline of Aventura Boulevard and West
Country Club Drive as shown on said plat of "Aventura Second Addition";
Thence S 82036'41" W along the centerline of Aventura Boulevard for 249.71 feet to a
point of curvature to a curve that is concave to the southeast;
Thence S 7023'19" E on a radial line to said curve for 73 feet to a point of curvature on
the southerly right of way line of said Aventura Boulevard;
Thence southwesterly along said right of way line, the same being a curve concave to
the southeast having a radius of 3746.72 feet and a central angle of 1028'37" for 96.58
feet to the point of beginning of said parcel of land, said point being the northeast
corner of said Tract "G";
Thence S 2040'32" E along the easterly line of said Tract "G" for 933.47 feet to the
southeast corner of said Tract "G";
Thence S 87019'28" W along the southerly line of said Tract "G" for 350 feet to the
southwest corner of said Tract "G";
Thence N 13008'55" W for 469.40 feet to a point of curvature to a curve that is concave
to the northeast;
Thence along the arc of said curve having a radius of 810 feet and a central angle of
22021 '09" for 316 feet to a point of reverse curvature to a curve that is concave to the
northwest;
Thence along the arc of the last described curve, having a radius of 414.45 feet and a
central angle of 12010'45" for 88.06 feet to a point on a curve on the southerly right of
way of Aventura Boulevard;
Thence northeasterly along said right of way line, the same being a curve concave to
the southeast, having a radius of 3746.72 feet and a central angle of 6033'19" for
428.67 feet to the point of beginning.
Containing 8.59 acres more or less.
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit. which is identified in the
accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the
individual or entity applying for the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
~vei H,. '?61t~1 ~SQ.
A.-r-rc>(L~E:.'t
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE
AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS
AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2WVl OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,
IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE
INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ;'13 DAY OF (}U...5/t.d -I . 2OO!1
AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER
Br. Br. ~;;fL /~L-
(Signature) igmiture)
Name: Name: ~-rS\'Wll. \S~c..
(Print) (Print)
Tide: Title: 1)\ ~c:::rC*:., S\u~p. \Se.Ae... 'ti..b~t)A \..::x:..
Address: Address: oDlG.:l ~c a,.\;l \E:::t<.J2.AC.E.
A:u~\')2A, ~ 33\'80 .
STATE OF FLORIDA )
COUNTY OF MIAMI.oADE)
Before me the undersigned authority personally appeared Nbl"StTA \:S~A.C-J as the authorized representative of the
Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affinn that he{she
executed this Affidavit for the purposes stated therein and that it is true and correct.
~p~~
/' . AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME this-Eday of [.CuJ/,t,,;! r- . 2 '.) '; '7.
" 1//'11/01 /P.~' 'YJ/~I./ /1'7./ 1 '
//t//if /1." .{lVj, v
otary Public State of FIoQda At Larg~ '^ 1. . .. . /
Printed Name of Notary t) 9,/717 C1_ /... /f/ it::; S;,Z tt:.
My commission expires: t:1 DO ~?
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x" applicable portions only)
~} 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows
[} i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock
of Applicant or Representative;
[ } ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or Joint venturer with the Applicant or Representative in any
business venture;
[ } iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[ } vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS 1..~ DAY OF ..1J 1..'1
, 200:
APPLICANT
B~::e::zf:J!' ~ (Signature)
Name: ~(.<~ ~$ttl'\~~ (Print)
Title v.? . (Print)
WITNESS MY HAND THIS 1,1 DAY OF 1.. 1.--/
PROPERTY OWNER
7
, 200_
(Signature)
(Print)
(Print)
By
Name:
Title
'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
WITNESS MY HAND THIS 1.,.:1 DAY OF A1J b~)if ,2001
REPRESENTATIVf~-(C~ted on Business Relationship Affidavit)
'2 / /
" ' ........ / ..-1,/
By'/J:j'~ (Signature) By: (Signature
/J' --~""_..
Name: Jeffrey M. Perlow(Print) Name: (Print)
Title: Attorney (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
B
y: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b )(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared pi:~P-t't .:till ~ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this ~ ~ day of ~ JI.>-;
-,-4~yjf/~;I;1f;~
AFFIANT .
,2003
./
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~~-_._------_._--------_._--------------------------------------------------.-.-----------------------------.--.--------------------------------------------------------------------------.-.-----------..----------------.----------------
DAVID M.I.AZARUS
MY COMMISSION. DO 437903
EXPIRES: August 19,2009
Bonded ThlU Notary Public UndelWllto..
~/'--'/-------';
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared T~ 1{.7~Aklant, who bei,I)g'h;s1me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct. . ""J' _ dr-"~
(' '~4/iV--~
, AFI"f1:"NT
SWORN TO AND SUBSCRIBED before me this.LL day of AJ..,)) t~ 200_
DAVID M. LAZARUS
MY COMMISSION II DO 437903
EXPIRES: August 19, 2009
Bornltd Thru NoIIIy ~ Unoorwrtttls
J/\.-.-j,---v'"
N.Q!ary ~ublic State of Flor~a At Large
l;::>. I"., It 'Z..;t(l.V 2
Printed Name of Notary
My commission expires:
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE}
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavil for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
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Exhibit 5
01-CU-07
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APPLICANT REPRESENTATIVE AFFIDAVIT I\'E::l-\. ~-~
Pursuant to Section 31-71(b)(2}(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Penni~ which is identified in the
accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the
individual or entity applying for the Development Penn it in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects. Engineers, Lobbyists, Etc.)
1)Prl'l\D \_Pt~~s.
A-c-cc~
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE
AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS
AFFIDAVIT PURSUANT TO SEC. 31-71(BX2)(1V) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,
IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE
INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ~ DAY OF SE:PL~ ~ . 2003' .
(Signature)
OWNER
By: ~M ~
(Signature)
Name: ~:t5AH. \~~E;1....
(Print)
Title: bt~crC2.1...~\j\)A.. ~~.
AUTHORIZED REPRESENTATIVE OF APPLICANT:
By:
Name:
(Print)
Title:
Address:
Address:
STATE OF FLORIDA )
COUNTY OF MIAM1-OADE)
Before me the undersigned authority personally appeared ~AA \~
Applicant and/or the owner of the property subject to the application, who being first by me dul
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this E day of ,1epJ--
as the authorized representative of the
sworn, id swear or affinn that hefshe
!........DONNAL..~no-l
: ~~ CcllMlI~OIllZ
: ,~ IJpIeI ""1_
i \1..'4JJ1 IoIlcIecIltlIU tlOO)od2~;
: "~(;f"'~ . No ,.....lnC:
: ~""'I f.~....~............1
,.................
AFFIANT
.2oog1 __ ~/1 ~ /.
;{JI/f//}Ldr 1 .. /1!taM:U5V
Notary Public State of Rorida At Large .
Printed Name of NotarYp.1f111tl J.... < ;Vk/5S-t<-;!fu
My commission expires: ?()o?
(
II.: :..;.:<1'...'....\.....
' I ':..'
"\. DfliYj
~;,.U<'
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(marK with .x. applicable portions only)
(
~1.
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented.
[ J 2. Affiant hereby discloses that n does have a Business Relationship with a member of the City Commission or a City
Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[J i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital
stock of Applicant or Representative;
[) ii. Member of Cny Commission or Board is a partner. co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional worKing from the same office or for the same employer as the member of the City Commission or
Board;
[ ) iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year;
I] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS
DAY OF
,200_.
APPLICANT:
(Signature)
(Print)
(Print)
By:
Name:
Title:
WITNESS MY HAND THIS
DAY OF
.200_.
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
-Title:
*The terms "Business Relationship,. .Client,. "Customer,. "Applicant,. "Representative. and "Interested Person" are defined in
Section 2.395 of the Aventura City Code.
7
WITNESS MY HAND THIS .J.L- YOF ~-r~ , 206:f
REPR~lENT A TIVE: (Usted Business Relationship Affidavit)
By: tI (Signature) By: (Signature
Name: 1)PtI,:)\~ LA:~ (Print) Name: (Print)
Title: Po. "\'-C~. (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
B
y: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets If disclosure infonnation for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(bX2)(iv)
of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect
or incomplete.
9
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared "DA1l\~ LA'ZAelts. the Affiant, who being first by ~swom, did swear or affirm that
he/she executed this Affidavit lor the purposes stated therein and that it is true and correcl f~
AFFIANT
SWORN TO AND SUBSCRIBED bo'" mot""~ lJ__ '" 0' W-. ,ooP'? II; j 'YiIJ" A A . j d
r.."....~II.., IIMnl.. "II I lUll.... Mn...Jtd. / / /L.W~u
: DOMM L MUlaATTO I NQ.taf): Public State 01 Florida At Large/"
i ~ CoIMIDDO:I7OIiq I lJd/'7na... A .711uss"&L.f"7V
: ~~ e...""V2OClI: Printed Name of Notary i.7
i ~:rCfI\,Zi 80n0edlhru{8ClO)432~54i My commission expires: 7LYJ<f
----~--------.--i.........::'~........~..m!ai~1~.t.------------.----------------------.------------.--------.--------.------.-----------...------__________.____._________________
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
he/she executed this Affidavit lor the purposes slated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_
Notary Public State of Florida At Large
Printed Name of Notary
My com mission expires:
------------------------------------
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Belore me, the undersigned authorily, personally appeared
he/she executed this Affidavit lor the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly swom, did swear or affirm that
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day 01
,200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
he/she executed this Affidavit for the purposes stated therein and that 1\ is true and correct.
the Affiant, who being first by me duly swom, did swear or affirm that
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
8
.
(S(:1I::~5;:'~:: ~
I i:---H I
'~. '~
'\~>_/ ~
-~y of E:JtCe
City of Aventura City Commission Meeting Date
Agenda Item No. t~
9'__1/-<2 7
Date of Visit, Investigation or Receipt of Expert Opinion 9 -- I ~- 0 7
Nature of Contact (check as applicable)
[J/ Site Visit
o Investigation
o Expert Opinion
Substance of Contact:
Identity of Person Participating in Contact:
Respectfully,
Commissioner or Boa~mper:
-na?/ 2..-6p7
Name ,~~
Signature
Filed this / /
day of
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission f-
Eric M. Soroka, ICM
City Manager
Joanne Carr, AIC
Planning Director
August 20, 2007
Request of 5 AV, LLC for Variance from Section 31-171(b)(1) of the City's
Land Development Regulations to permit two (2) enclosed and one (1)
unenclosed parking spaces each for two single family residences in the
"Villas at Aventura" development, where one (1) enclosed and two (2)
unenclosed spaces for each unit are required by Code, for property
located at NE 34 Avenue and North Country Club Drive, City of Aventura
(02-VAR-07)
September 11, 2007 City Commission Meeting Agenda Item b - f3
RECOMMENDATION
It is recommended that the City Commission approve the request for Variance from
Section 31-171(b)(1) of the City's Land Development Regulations to permit two (2)
enclosed and one (1) unenclosed parking spaces each for two single family residences
in the "Villas at Aventura" development, where one (1) enclosed and two (2) unenclosed
spaces are required for each unit by Code, upon the following conditions:
1. Plans shall comply with those submitted as follows:
. "Villas at Aventura", Site Plan, Sheet 01, prepared by J. Scott Architecture,
P.A., dated 7/20/07, signed and sealed 7/25/07.
. "Villas at Aventura", Landscape Plan, Sheet L-1, prepared by Witkin Hults
Design Group, dated 07/24/07, signed and sealed 7/26/07.
. "Villas at Aventura", Landscape Plan, Sheet L-2, prepared by Witkin Hults
Design Group, dated 07/24/07, signed and sealed 7/26/07.
2. The owner shall provide, as proffered, a restrictive covenant that the two
enclosed parking spaces on each of the Unit B homes, as shown on the
approved plans, be maintained such that the garage will be available at all times
for parking of vehicles. Such covenant shall be recorded on title to the affected
lots, at the owner's expense.
THE REQUEST
The applicant, 5 AV, LLC, is requesting variance from Section 31-171(b)(1) of the City's
Land Development Regulations to permit two (2) enclosed and one (1) unenclosed
parking spaces each for two single family residences in the "Villas at Aventura"
development, where one (1) enclosed and two (2) unenclosed spaces are required by
Code for each residence for property at NE 34 Avenue and North Country Club Drive,
City of Aventura. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY 5 A V, LLC
APPLICANT 5 A V, LLC
ADDRESS OF PROPERTY NE 34 Avenue at North Country Club Drive
See Exhibit #2 for Location Plan
LEGAL DESCRIPTION See Exhibit #3 for Legal Description
SIZE OF PROPERTY Approximately 0.51 acres
EXISTING ZONING RS2, Single Family Residential District
FUTURE LAND USE DESIGNATION Medium High Density Residential
Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Use-
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
RS2, Single Family Residential District
RMF4, Multifamily High Density Residential District
ROS, Recreation Open Space
RMF4, Multifamily High Density Residential District
RMF4, Multifamily High Density Residential District
Vacant
Condominium boat slips
Golf Course
Residential condominium
Residential condominium
2
Future land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Medium High Density Residential
Medium High Density Residential
Parks and Recreation
Medium High Density Residential
Medium High Density Residential
The Site - The subject site is located at the northeast corner of NE 34 Avenue and
North Country Club Drive.
The Project - On June 27, 2007, the applicant received administrative site plan
approval from the City for development of five single family residences on property at
the northeast corner of NE 34 Avenue and North Country Club Drive. The site plan
complied with the site development criteria in the RS2 zoning category, the parking and
landscaping requirements of the City Code and the terms of a Settlement Agreement
between the City and the former owner of the land. Two unit types are proposed, with
three Unit A's containing three bedrooms and 5645 square feet of floor area and two
Unit B's containing three bedrooms and 5933 square feet of floor area. A copy of the
approved site plan and a rendering of the homes are attached as Exhibits #4 and #5.
The parking regulations for single family homes with three bedrooms require a minimum
of one (1) parking space in a fully enclosed, attached private garage and two (2)
unenclosed parking spaces. The site plan approved in June provided the following:
UnitA
Unit B
two (2) enclosed spaces and two (2) unenclosed spaces
one (1) enclosed and two (2) unenclosed spaces
The applicant is requesting that the parking requirement for the two Unit B homes be
varied to allow two (2) enclosed spaces and one (1) unenclosed space. The proposal is
to enclose one of the two currently unenclosed spaces and combine it into an enclosed
two-car garage.
ANALYSIS OF THE REQUESTS
Citizen Comments - The Community Development Department has received no written
citizen comments about this application.
Community Development Department Analysis - The parking regulations in
Section 31-171(b){1) of the City Code require that each single family home with three
bedrooms must provide a minimum of three parking spaces, with one (1) space
enclosed and two (2) spaces unenclosed.
3
The site plan as approved provides four (4) parking spaces for each of the three Unit A
homes, with two of those spaces in an enclosed garage and the remaining two in front
of the garage. No change is being requested to the number and configuration of
parking spaces for these Unit A homes.
The approved plan provides three (3) parking spaces for each of the two Unit B homes,
with one of those spaces in an enclosed garage, one to the side of the enclosed garage
and the third in the side yard of the home. The applicant is requesting variance to the
City's parking code section to enclose one of the currently unenclosed spaces on the
approved site plan, so that two (2) spaces will be inside the garage and one (1) space
will be outside in the side yard of the home.
The parking regulations require a minimum of one enclosed and two unenclosed spaces
for three bedroom single family homes to ensure that a sufficient number of parking
spaces are available for vehicle parking for residents and their guests. Although our
parking regulations for multifamily buildings require guest parking spaces, they are not
required by Code for single family home developments. Therefore, it is important that
all required parking spaces in a single family home development be maintained for use
as vehicle parking. Enclosed spaces in garages may often be used for storage, which
would then not be available as a parking space.
The applicant has proffered a restrictive covenant as a condition of approval of this
variance request that will require that the enclosed parking spaces on the two Unit B
homes be maintained and available at all times for vehicle parking.
Criteria
The guidelines for approval of variances In Section 31-76(e) of the City's Land
Development Regulation are as follows:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The shape and the limited depth of the property creates a particular hardship
upon the owner. It is not possible to locate an unenclosed parking space in front
of the Unit B homes and only one unenclosed space per unit can be located in
the side yard, both due to the lot configuration and depth. The only location for
an unenclosed space is next to the enclosed space which creates an awkward
front fac;ade of the building.
4
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
(3) The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LOR.
The applicant's difficulty is not economic in nature and has not been deliberately
created by the applicant.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity. The enclosure of one
of the two unenclosed parking spaces will provide a more aesthetically pleasing
front fac;ade to the homes.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity. The proposed
enclosure of one of the parking spaces into a two car garage on the two Unit B
homes will provide an improved aesthetic design for the development.
5
~ Bilzin Sumberg
ATTORNEYS AT LI\W
it- ~.
C04,. ""UI
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Brian S. Adler, Esq.
305.350.2351
305.3512206
badler@bllzincom
July 31, 2007
VIA HAND-DELIVERY
Joanne Carr
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Exhibit #1
02-VAR-07
Re: 5 AV, LLC
Villas at Aventura 04-SP-06
NE 34th Avenue and N. Country Club Drive, Aventura, Florida
Dear Ms. Carr
LETTER OF INTENT FOR SITE PLAN MODIFICATION
Please consider this our formal letter of intent in connection with an application to amend
a previously approved site plan. Our client, 5 A V, LLC, has been working with the City through
the last several months to obtain approval for a five unit residential development on the property
located at the north side of Country Club Drive and the east side of NE 34th Avenue (the
"Property"). On June 27, 2007, the City of Aventura issued an Administrative Site Plan
Approval No. 04-SP-06 which approved the proposed development of five residential units.
The approved plan provides for a total of 18 parking spaces for the 5 units, of which 3 of
the units have two enclosed spaces and two unenclosed spaces and 2 of the units have one
enclosed space and two unenclosed spaces.
Section 31-171 of the City Code of the City of Aventura, regulating parking requirements
within the City provides that each 3 bedroom single family detached dwelling unit shall have a
minimum of one parking space in an enclosed garage and two unenclosed parking spaces.
The Property was the subject of a Settlement Agreement approved by the City of
Aventura under Resolution No. 2005-61, which provided for the development of five single
family dwelling units on the property. The size and configuration of the Property created
difficulties in meeting the requirements for providing the unenclosed parking spaces. The net
result was a site plan which provided for two of the five units to meet the Code by providing one
enclosed space within the attached garage and one space that is more akin to a car port to
count as the unenclosed parking space. As noted above, there are 18 parking spaces provided
MIAMI] 359980.] 7676824932
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 TeI305.374.7580 Fax 305.374.7593
Joanne Carr
July 31, 2007
Page 2
on site where a minimum of 15 parking spaces is required on the Property. The current
approved site plan provides for a total of 8 enclosed spaces and 10 unenclosed spaces. Our
client is seeking to modify the approval to maintain a total of 18 spaces, but to modify the
configuration such that 10 of the spaces would be enclosed and 8 would be unenclosed. The
current code would require that there be 10 unenclosed and 5 enclosed parking spaces.
The overall site plan provides 20% more parking than required under the code.
However, as noted above, the configuration of the lot and the limited depth of the lot, along with
the site plan governing the development of the Property via the Settlement Agreement, and the
location of the proposed entrance drive, created difficulties in placing the unenclosed spaces
outside of the units, and thus were placed in open garages on two of the units. The extent of
the variance would be to allow the closure of the garage so that two of the unenclosed spaces
would be permitted to be enclosed rather than unenclosed. The proposed redesign provides a
more aesthetically pleasing and more secure layout for the site. In addition, enclosed parking
spaces provide greater benefits and shelter in the South Florida environment.
It is our understanding that a non-use variance will be required that allows for the two
unenclosed spaces to be enclosed. Therefore, kindly also consider this our request for a site
plan modification as well as a non-use variance to allow a proposed development with 10
enclosed parking spaces and 8 unenclosed parking spaces where a minimum of 5 enclosed
parking spaces and 10 unenclosed parking spaces is required. We believe the revised site plan
provides heightened security for the residences of the proposed development and is a more
pleasing design.
In connection with the foregoing, our client is willing to proffer a declaration to the City
that requires the two spaces at issue be maintained such that the garage will be able to be
utilized as a parking space.
Based on the foregoing, we respectfully request the department's favorable
recommendation of the attached applications.
Thank you for your attention to the foregoing.
Sincerely,
B-~
Brian . Adler
BSA/ka
Attachments
MIAMI] 359980.1 7676824932
t:::: BILZIN SUMBERG BAENA PRICE & AXELROD LLP
BROWARD COUNTY
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Exhibit #2
02-VAR-07
LEGAL DESCRIPTION
A portion of Tract "F" of "First Addition Biscayne Yacht and Country Club" according to
the plat thereof as recorded in Plat Book 89 at Page 100 of the Public Records of
Miami-Dade County, more particularly described as follows:
Commence at the west % corner of Section 35, Township 51, Range 42 East, City of
Aventura, Miami-Dade County, Florida;
Thence South 02 degrees 00 minutes 25 seconds East for 1.60 feet to a point of
. curvature of a circular curve concave to the northwest;
Thence along the arc of said curve, having a radius of 1091.35 feet and a central angle
of 10 degrees 19 minutes 43 seconds for 196.74 feet to a point on said curve;
Thence South 81 degrees 40 minutes 42 seconds East on a line radial to the point on
curve for 50 feet to a point on the boundary of said Tract "F";
Thence South 08 degrees 19 minutes 18 seconds West for 1.69 feet to the point of
beginning of said parcel of land;
Thence along the boundary of said Tract "F" for the following three (3) courses:
(1) Thence continue South 08 degrees 19 minutes 18 seconds West for 96 feet to a
point of curvature of a circular curve concave to the northeast;
(2) Thence along the arc of said curve having a radius of 50 feet and a central
angle of 90 degrees for 78.54 feet to the point of tangency;
(3) T:,enr,e South 81 degrees 40 minutes 42 seconds East for 106 feet to a point on
said boundary of Tract "F";
Thence North 08 degrees 19 minutes 18 seconds East for 146 feet;
Thence North 81 degrees 40 minutes 42 seconds West for 156 feet to the point of
beginning.
Exhibit #3
02-VAR-07
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this
Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized
representative of the individual or entity applying for the Development Permit, which is identified
in the accompanying application, and the owner of the property subject to the application (if
different) hereby lists and identifies all persons representing the individual or entity applying for
the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Stanley B. Price
Brian S. Adler
Sanford Reinhard
James R. Scott
Joaquin Varaas
Andy Witkin
Attorney
Attorney
Attorney
Architect
Traffic Enaineer
Landscape Architect
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31.71(B)(2)(IV) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ZI.L... DAY OF
:JulV
,2007.
(Signature)
By:
AUTHORr:rED REPRESENTATIVE OF APPLICANT:
By:~1
Name:
Name:
Title:
Title: President of SNB Manaaement. Inc. ,
manaQina member of 5 AV. LLC
Address:
Address: 501 Brickell KevDr. #103
Miami. Florida 33133
MIAMI 1360454.1 7676824932
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared SETH BERGER as the authorized representative of the Applicant and/or
the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and corr t.
SWORN TO AND SUBSCRIBED BEFORE ME thiS~ay of <ftA tt!
I
MIAMI 1360454.1 7676824932
AFFIANT
~ 4- /4., aO-al>
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
,,~~~y.~:s(/C' OLGA GRAFALS
"~. . MY COMMISSION # DD 514970
* · EXPIRES: March 3, 2010
U'~, ri>"''"' Bonded Thru Budget Notal)' Service'
'-OFfL"
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with .x. applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
(J i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or
capital stock of Applicant or Representative;
(] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
( ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10.000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
( ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar..z':Dr. /'
WITNESS MY HAND THIS DAY OF (j My, 2007.
(Signature)
(Print)
(Print)
d "dV ,2007.
\.A
(Signature)
(Print)
Manaoement. Inc., manaaino member of 5 AV, LLC (Print)
MIAMI 1360454.1 7676824932
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that (mark with "x" applicable portions only)
[Xl 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows
[ ] i Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] il Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ 1 v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,00000 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,00000 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS
DAY OF
,2007.
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
DAY OF
,2007.
PROPERTY OWNER
By
Name:
Title
(Signature)
(Print)
(Print)
MIAMI 1360454.1 7676824932
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with "x" applicable portions only)
[X] 1 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves)
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS
DAY OF
,2007.
:~PLlCAl1~~ ...
Name: Brian S. is.. le(
Title Attorney
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
DA Y OF
,2007.
PROPERTY OWNER:
By:
Name:
Title:
(Signature)
(Print)
(Print)
MIAMI 1360454.1 7676824932
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(list name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ) ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ) iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ J iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the App~cant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS kl DAY OF du ty ,2007.
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS ~ DAY OF if 61 U( ,2007.
:~~~
Name' ~~
Title: 1r .
(Signature)
(Print)
(Print)
MIAMI 1360454.1 7676824932
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City,of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with 'x' applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
DAY OF ,2007.
By: (Signature)
Na (Print)
Title: itect (Print)
ITNESSMYHANDTHIS~DAYOF ...JUUf. ,2007.
PROPEiR~R:
By: J U'A (Signatute)
N.ame: '> 4 ~l:- e4 4JV (Print)
TItle: ~(__,__ (Print)
MIAMI 1360454.1 7676824932
BUSINESS RELATIONSHIP AFFlbAVIT*
This Affidavit is made pursuant to Section 31.71(b)(2)(iQ of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that (mark with 'x' applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[J L Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ I iii. The AppliCMt or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[Iv!.
The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
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Vt1Lj
! i WITNESS MY HANO THIS l:L DAY OF
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:7 . < .~~fd::
(Signature)
(Print)
(Print)
MIAMI 1360454.1 7676824932
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BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark wittl 'x" applicable portions only)
[X] 1 , Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ J i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[] Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ J iv A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS '2- Li DAY OF J u..~ ' 2007.
APPLICANT/REPRESENTATIVE
By: 0 ~ -L,.../"'~
Name: Andv Witkin
Title: Landscape Architect
WITNESS MY HAND THIS ~ DAY OF
(Signature)
(Print)
(Print)
<f tdy'
, 2007.
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Name: 4i'L-
Title: .
(Signature)
(Print)
(Print)
MIAMI 1360454.1 7676824932
NOT ARIZA TION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared SETH BERGER the Affiant who being first by me duly sworn, did swear or affirm thai he/she executed this
Affidav~ for the purposes stated therein and that ~ is true and correct.
Seth Berger. Presiden of SN
SWORN TO AND SUBSCRIBED before me this"'liL- day of ~ 2007.
n ingmemberof5AV,LLC
,"O~~:',Y.:~8(t, OLGA GRAFAlS
" .' . * MY COMMISSION # DO 514970
EXPIRES: March 3, 2010
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Notary Pu IC tie of F da At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIOA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared STANLEY B. PRICE. ESQ. the Affiant, who being first by me duly swom, did swear or affirm that he/she
executed this Affidav~ for the purposes stated therein and that ~ is true and correct.
Stanley B. Price, Esq.
SWORN TO AND SUBSCRIBED before me this _ day of
.2007.
Notary Public Stale 01 Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared BRIAN S. ADLER. ESQ. the Affiant who being first by me duly swom, did swear or affirm that he/she executed
this Affidav~ for the purposes stated therein and that it is true and correct.
Brian S. Adler, Esq.
SWORN TO AND SUBSCRIBED before me this _ day of
.2007.
Notary Public Stale of Florida At Large
Printed Name of Notary
My commission expires:
MIAMI 1360454.1 7676824932
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
NOTARIZATION PROVISION
Before me, the undersigned authority, personally appeared SETH BERGER the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct
,2007
Seth Berger, President of SNB Management,lnc, managing member of 5 A V. LLC
SWORN TO AND SUBSCRIBED before me this _ day of
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires
Before me, the undersigned authority, personally appeared STANLEY B PRICE, ESQ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
~
SWORN TO AND SUBSCRIBED before me this ~ day Of~, 2007.
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COUNTY OF MIAMI-DADE)
Printed Name of Notary
My commission expires:
Before me, the undersigned authority, personally appeared BRIAN SADLER, ESQ the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed
this Affidavit for the purposes stated therein and that it IS true and correct
SWORN TO AND SUBSCRIBED before me thisV~ay Of~, 2007.
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MIAMI 1360454.1 7676824932
Brian S. Adler, Esq.
Printed Name of Notary
My commission expires
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
SILVIA GRAY
MY COMMISSION # DO 489032
EXPIRES: December 27, 2009
Bcnillod 1M! NCUry PUIllIt und8lW!llert
Printed Name of Notary
My commission expires:
Before me, the undersigned authority, personalyappeared SANFORD REINHARD.
this Affidavit for the purposes stated therein and Itlat it is true and 00I1'ed.
/'//
SWORN TO AND SUBSCRIBED......'.. '1A> ,,,. :Jv 7 ...:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Belore me, the undetsigned authority, personaly appeared JAMES R. SCOTT the Affiant. who being first by me duly sworn. did swear or affirm that he/she executed
Ihis Affldavillor the pU/poses stated therein and that it is true and cOITect.
James R. Scott
SWORN TO AND SUBSCRIBED before me this _ day of
,2007.
Notary Public Stale of Florida At Large
Printed Name of No1ary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
Before me, the undersigned authority, personally appeared JOAQUIN VARGAS ltle Affiant who being first by me duly sworn. did swear or affirm Ihat he/she executed
this Affidavit lor the purposes sia1ed therein and that it is true and correct.
Joaquin Vargas
SWORN TO AND SUBSCRIBED before me Ihis _ day of
.2007.
Notary Public State of Florida At Large
Printed Name of Notal)'
My commission expires:
MIAMI 13604541 7676824932
21
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersignet1 authority. personally appeared SANFORD REINHARD. the Affiant. who being first by me duly sworn. did swear or affirm that he/she executed
this Affidavit lor the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me thisdL day o~.1 d,~ f ,20117
Sanford Reinhard
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority. personally appeared JAMES R. SCOTT
this Affidavit for the purposes stated therein and that it is true and correct
SWORN TO AND SUBSCRIBED belore me thi&;2L day of 4J-, 2007,
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
ar or affinn that he/she executed
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VIVIAN JAIME
MY COMMISSION II DO 407130
EXPIRES: July 8, 2009
8on~ Thru Notary PIJlIjc UndefWntel$
Before me. the undersigned authority, personally appeared JOAQUIN VARGAS the Affiant. who being first by me duly sworn, did swear or affinn that he/she executed
\his Affldavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this _ day of
Joaquin Vargas
.2007.
Notary PubUc State of Florida At Large
Printed Name of Notary
My commission expires:
_________..______________..____...____--ro___.._..___...______........-------------..--........-------------...--...-...---------...-------------...--
MIAMI 1360454.1 7676824932
21
STATE oF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared SANFORD REINHARD. the Affiant, who being first by me duly swom, dld swear or affInn lllat helshe executed
this Affidavll for the purposes sta1ed lhenrin and that it is lrue and correct
S8f1ford Reinhard
SWORN TO AND SUBSCRIBED before me this _ day of
.2007,
Notary PlJblic State 01 FfoOcIa At large
Prirrled Name of Notary
My commlsslon expires:
STATE OF FlORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned autholily, personally appeared JAMES R. SCOTT the Affiant \11II0 being first by me duly sworn, did swear or affinn that he/she exe<:uted
this Affidavit for the purposes staled therein and that ~ is Uue and cooect
James R. Scoll
SWORN TO AND SUBSCRIBED before me this _ day of
,2007.
Nolary Pub6c Slate of Florida At Lalge
Printed Name of Notal)'
My commission explres:
STATE OF FLOR1DA )
COUNTY OF MlAMl=OA:Dt) '~'::L~[,'/\{2,{)
Before me. the uooBlSigned authorty. personally appeared JOAQUIN VARGAS
this Alfrdavlt for the purposes staled therein and that It is true and oorrecl.
the Atrra t. who being first by me dI.ti swom. did swear or affirm that he/she !lXectlled
SWORN TO AND SUBSCRIBED before me this )~ day of J! y
2007.
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JOSEPH LAUDANOO
MY COMMISSION # 00691303
EXPIRES: August 5. 2011
Bonded ThO! Notary Publi<: Underwriters
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MIAMI 1360454.1 7676824932
21
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me. the undersigned authority, personally appeared ANDY WITKIN
Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affinn that he/she executed this
SWORN TO AND SUBSCRIBED before me thi~ day of ~ 2007.
MIAMI 1360454.1 7676824932
V\
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Andy Witkin
Printed Name of Nola
My commission expir
22
SHERYL A. MORRISON
:<% Notary Public - State of Florida
_ * ~ My Commission Expires Mar 7,2011
~~ 0,,1 Commission # DO 648326
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RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-171(b)(1) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW TWO (2) ENCLOSED PARKING SPACES AND
ONE (1) UNENCLOSED PARKING SPACE FOR EACH OF
THE TWO UNIT B SINGLE FAMILY RESIDENCES WITHIN
THE "VILLAS AT AVENTURA" DEVELOPMENT, WHERE
A MINIMUM OF ONE (1) ENCLOSED PARKING SPACE
AND TWO (2) UNENCLOSED PARKING SPACES FOR
EACH UNIT ARE REQUIRED BY CODE; FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF NE 34
AVENUE AND NORTH COUNTRY CLUB DRIVE; CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RS2, Single Family
Residential District, and
WHEREAS, the applicant, 5 AV, LLC, through Application No. 02-VAR-07, is
requesting a variance from Section 31-171(b)(1) of the City's Land Development
Regulations to allow two (2) enclosed and one (1) unenclosed parking spaces each for
two Unit B single family residences in the Villas at Aventura development, where one
(1) enclosed and two (2) unenclosed spaces for each unit are required 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a variance from Section 31-171(b)(1) of the City's
Land Development Regulations to allow two (2) enclosed and one (1) unenclosed
parking spaces for each of the two Unit B single family residences in the Villas of
Aventura development, where one (1) enclosed and two (2) unenclosed spaces are
required for each unit by Code, on property legally described as follows:
Portion of Tract F of First Addition Biscayne Yacht and Country Club, according
to the plat thereof as recorded in Plat Book 89, Page 100 of the Public Records
Resolution No. 2007-_
Page 2
of Miami-Dade County, Florida, City of Aventura, more particularly described in
Exhibit "A"
is hereby granted, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
. "Villas at Aventura", Site Plan, Sheet 01, prepared by J. Scott Architecture, P.A.,
dated 7/20/07, last revised 7/25/07, signed and sealed 7/25/07.
. "Villas at Aventura", Landscape Plan, Sheet L-1, prepared by Witkin Hults
Design Group, dated 07/24/07, signed and sealed 7/26/07.
. "Villas at Aventura", Landscape Plan, Sheet L-2, prepared by Witkin Hults
Design Group, dated 07/24/07, signed and sealed 7/26/07.
2. Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a
motion of the City Commission.
3. Prior to issuance of a building permit, the applicant shall provide to the City a
restrictive covenant, in form satisfactory to the City Manager and City Attorney,
that requires the two (2) enclosed parking spaces on each of the two Unit B
homes, as shown on the approved plan, to be maintained and available at all
times for parking of vehicles. Such covenant shall be recorded in the Public
Records of Miami-Dade County, Florida. All expenses of such recordation shall
be borne by the applicant.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Bob Diamond
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2007-_
Page 3
PASSED AND ADOPTED this 11th day of September, 2007.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
,
,tvrJ11tJ ~
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of
,2007.
CITY CLERK
Resolution No. 2007-_
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Tract "F" of "First Addition Biscayne Yacht and Country Club" according to
the plat thereof as recorded in Plat Book 89 at Page 100 of the Public Records of
Miami-Dade County, more particularly described as follows:
Commence at the west % corner of Section 35, Township 51, Range 42 East, City of
Aventura, Miami-Dade County, Florida;
Thence South 02 degrees 00 minutes 25 seconds East for 1.60 feet to a point of
curvature of a circular curve concave to the northwest;
Thence along the arc of said curve, having a radius of 1091.35 feet and a central angle
of 10 degrees 19 minutes 43 seconds for 196.74 feet to a point on said curve;
Thence South 81 degrees 40 minutes 42 seconds East on a line radial to the point on
curve for 50 feet to a point on the boundary of said Tract "F";
Thence South 08 degrees 19 minutes 18 seconds West for 1.69 feet to the point of
beginning of said parcel of land;
Thence along the boundary of said Tract "F" for the following three (3) courses:
(1) Thence continue South 08 degrees 19 minutes 18 seconds West for 96 feet to a
point of curvature of a circular curve concave to the northeast;
(2) Thence along the arc of said curve having a radius of 50 feet and a central
angle of 90 degrees for 78.54 feet to the point of tangency;
(3) Thence South 81 degrees 40 minutes 42 seconds East for 1 06 feet to a point on
said boundary of Tract "F";
Thence North 08 degrees 19 minutes 18 seconds East for 146 feet;
Thence North 81 degrees 40 minutes 42 seconds West for 156 feet to the point of
beginning.
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3475 N Country Club Dr #702
Aventura. Florida 33180
25 August 2007
RECEIVED
SEP - 6 2007
COMMUNITY DEVELOPMENT
City of Aventura Government Center
Community Development Dept.
19200 W Country Club Drive
Aventura, Florida 33180
Re: Applicant NameINumber SA V, LLC (02- V AR-07)
To Whom It May Concern:
In regards to the above applicant's request for parking at the Villas of Aventura development, I am
completely against their request.
~~
Arlene Noveck
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Proposed Public Safety Radio System Protection Ordinance
1st Reading September 11,2007 City Commission Meeting Agenda Item 1-A
2nd Reading October 2, 2007 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance establishing
regulations to protect the City's police communications system.
BACKGROUND
Due to the increased levels of wireless communications within the City, construction of
new buildings and existing commercial buildings with poor radio reception, the Police
Department is recommending that an Ordinance be adopted to protect radio
communications for public safety.
The Ordinance would require new buildings and structures which cannot support the
required level or radio coverage to install equipment to resolve the radio reception
limitations.
This matter was discussed at the July Workshop Meeting.
EMS/act
Attachment
CC01589-07
ORDINANCE NO. 2007-_
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS", AT ARTICLE XI
"DEVELOPMENT ST ANDARDS OF GENERAL
APPLICABILITY", BY CREATING SECTION 31-242
"PUBLIC SAFETY RADIO SYSTEM PROTECTION"; TO
PROTECT RADIO COMMUNICATIONS FOR PUBLIC
SAFETY IN THE CITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura ("City") finds that it is
necessary to further enhance the provisions of Chapter 31 of the City Code concerning protections
to radio communications for public safety in the City; and
WHEREAS, this proposed Ordinance would provide for adequate protection of the City's
radio system coverage in new and in substantially improved existing buildings, and would
otherwise protect the public safety radio system and help ensure that police officers or any other
public safety officials using the radio system may communicate during emergency situations; and
WHEREAS, the City Commission has been designated as the Local Planning Agency for
the City pursuant to Section 163.3174, F. S.; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant
to the required public hearing and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly noticed in
accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and
has determined that such action is consistent with the Comprehensive Plan; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to further
enhance the protection of the public health, safety and welfare.
Ordinance No. 2007-
Page 2
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and
confirmed.
Section 2. City Code Amended. That Article XI "Development Standards of General
Applicability" of Chapter 31 "Land Development Regulations" of the City Code, is hereby
amended by creating Section 31-242, "Public Safety Radio System Protection," to read as follows:
Section 31-242.
Public Safety Radio System Protection
a) In General. To the fullest extent allowed by applicable law, it is hereby provided that no
person shall knowingly maintain, erect, or construct any building or structure, install or operate
any electronic device, system, metals, or apply any coatings or other paints for commercial use,
multi-family dwelling, or institutional use that would degrade, block or limit the penetration and
or transmission of radio waves into or out of any building or structure and thereby fail to support
adequate radio coverage for the City's Police Department radio system or the City's Police
Department's interoperability with other public safety communications. For purposes of this
section, the term "adequate radio coverage," shall include each ofthe following:
1) minimum signal strength of -95 dbm received at the City's radio site when
transmitted from 90% of the area of each floor of the building,
2) a minimum signal strength of 95 dbm available in 90% of the area of each floor
of the building when transmitted from the City's radio site,
3) the frequency range that must be supported shall be 810-860 MHz, and
4) a 95% reliability factor.
b) Amplifications Systems Allowed. Buildings and structures which cannot support the
required level of radio coverage shall be equipped with either a radiating cable or an internal
2
Ordinance No. 2007-
Page 3
multiple antenna system with or without FCC type accepted bi-directional 800MHz amplifiers as
needed. If any part of the installed system or systems contains an electrically powered component,
the system shall be capable of operating on an independent battery and/or generator system for a
period of twelve (12) hours without external power input. The battery system shall automatically
recharge in the presence of external power input. If used, the bi-directional amplifiers shall include
filters to reduce adjacent frequency interference at least 3dbm below the National Public Safety
Planning Advisory Committee band.
c) Testing Procedures
1) Initial Tests. Initial test will be performed by the City's Police Department
personnel or any assigned representative qualified to conduct such testing as
authorized by the City's Police Department personnel. A certificate of
occupancy will not be issued to any structure if the building fails to comply
with this section.
2) Annual Tests. Annual Tests will be conducted by the City's Police Department
or any assigned representative qualified to conduct such testing.
3) Field Testing. Police personnel, after providing adequate notice to the owner or
his representative shall have the right to enter onto the property to conduct field
testing to be certain that the required level of radio coverage is present.
d) Restriction. To the fullest extent allowed by applicable law, no existing or future
Telecommunications Facilities, Towers, Antennas, Personal Wireless Services Facilities or other
facilities or structures shall interfere with any public safety radio communications systems
including, but not limited to, the 800MHz radio system operated by the City's Police Department
which provides Essential Services and other public safety communications during emergencies
3
Ordinance No. 2007-
Page 4
and disasters. The owner or operator of the aforementioned facilities is responsible for compliance
with these performance standards. If any such facilities are found to interfere with Essential
Services or other public safety/police radio communication system, the facilities operator will, to
the extent allowed by applicable law, cease operation of the facility within twenty-four (24) hours
of receipt of notice from the City until the interference problem is rectified to the satisfaction of
the City. A violation of these performance standards constitutes a public nuisance and will be
treated as such.
e) Applicability. To the fullest extent allowed by applicable law, after the effective date of
this section, the owner, manager or operator of a building or structure designed or used for commercial,
multi-family dwelling, or institutional use that, as reasonably determined by the City's Police Department,
degrades, blocks or limits the penetration and or transmission of radio waves into or out of any building or
structure and fails to support adequate radio coverage for the City's Police Department radio system as
required by this section shall comply with this section within sixty (60) days of receipt of notice from the
City. However, those buildings or structures which exist prior to the effective date of this section and are
not thereafter substantially improved (as defined in Sec. 31-21 of the City Code) shall not be subject to this
section except as to activities undertaken or improvements made after the effective date of this section,
which activities or improvements consist of the initial installation (not simply the repair) of devices,
systems, metals, paints or coatings, which contravene the requirements of paragraph (a) above.
t) Waiver. In the event that compliance with paragraph (a) poses a bona fide threat to
a person's health or safety, or a person deems himself or herself otherwise aggrieved by the
implementation of the restrictions provided by paragraph (a) of this section, such person shall
submit a completed waiver application with the City's Police Department. The City's Police
Department shall determine whether such restrictions shall apply to the applicant based upon
whether or not a waiver of the provisions of paragraph (a) for a specific circumstance, subject to
4
Ordinance No. 2007-
Page 5
any necessary conditions, would be consistent with the essential purposes or intent of this section.
The City's Police Department shall create an application form that implements the waiver
application.
g) Fees. Fees for permits, applications, and inspections by the City shall be set by
Resolution.
h) Appeal of City Police Department's Decision. Any person aggrieved by a decision
of the City's Police Department concerning this section, may appeal the matter to the City
Manager. The aggrieved person shall have ten (10) days from receiving the written decision of the
City's Police Department to file a written appeal to the City Manager. The City Manager may
accept, reject, or modify the decision of the City's Police Department, based upon a review of the
information provided. Any person aggrieved by a decision of the City Manager may appeal the
matter to a court of competent jurisdiction.
Section 3.
Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That 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 A ventura; 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 5.
Penalty. That any person who violates any provisions of this Ordinance
5
Ordinance No. 2007-
Page 6
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County
jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate violation. This Ordinance shall also be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended,
and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for
declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as
authorized by Section 162.22, F.S.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by
, who moved its adoption on
first reading. This motion was seconded by
, and upon being put to a vote,
the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
6
Ordinance No. 2007-
Page 7
PASSED AND ADOPTED on first reading this 11 th day of September, 2007.
PASSED AND ADOPTED on second reading this 2nd day of October, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
fvdl1'h ~
CITY ATTORNEY
7
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Ci
TO: City Commission
DATE: July 26, 2007
SUBJECT: Proposed Dangerous Intersection Safety Ordinance (Red Light
Camera Enforcement Program)
1st Reading September 11,2007 City Commission Meeting Agenda Item 1::13
2nd Reading, October 2, 2007 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance creating
Article III of the City Code entitled "Dangerous Intersection Safety".
BACKGROUND
The purpose of the Ordinance is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives and
to adopt a civil enforcement system for red light signal violations. This program will also
supplement law enforcement personnel in the enforcement of red light signal violations
and shall not prohibit law enforcement officers from issuing a citation for a red light
signal violation in accordance with other routine statutory traffic enforcement
techniques. Notices of infractions issued pursuant to this article shall be addressed
using the City's own Special Masters pursuant to Article V of Chapter 2 of the City Code
and not through uniform traffic citations or county courts
For the first ninety (90) days of the existence of the Ordinance, unless the driver of a
vehicle received a citation from a police officer at the time of a red zone infraction in
accordance with routine traffic enforcement techniques, the vehicle owner shall receive
a warning in the form of a courtesy notice of the violation.
The vendor awarded the contract by the City will provide the Police Department
recorded images of drivers who committed a red light infraction. The Traffic Control
Infraction Review Officer designated by the Police Chief will review all recorded images
prior to the issuance of a notice to ensure the accuracy and integrity of the recorded
images. Once the Traffic Control Infraction Review Officer has verified the accuracy of
the recorded images he or she shall complete a report, and a notice shall be sent to the
vehicle owner at the address on record with the Florida Department of Highway Safety
and Motor Vehicles or the address on record with the appropriate agency having such
information in another state. The civil penalty is $125 for the first offense, $250 for the
second offense and $500 for each additional offense
An individual who was issued a violation would have the opportunity to file an appeal
before the City's code enforcement Special Masters in accordance with the procedure
outlined in the Ordinance.
The technology on the market will allow an individual who was issued a violation to view
the recorded images and the opportunity to pay the penalty online. The Ordinance also
establishes a process to address situations when the vehicle at the time of the red zone
infraction, either: (1) in the care, custody, or control of another person without the
consent of the registered owner or (2) was subject to a short term (less than six
months) car rental agreement entered into between a car rental agency, which is
licensed as required by applicable law and is authorized to conduct business in the
State of Florida.
If you have any questions please feel free to contact me.
EMS/act
Attachment
CC01587 -07
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 48
"VEHICLES AND USE OF THE RIGHT OF WAY", BY CREATING
ARTICLE III, " DANGEROUS INTERSECTION SAFETY", PROVIDING
FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF
RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND
PROVISIONS; AMENDING CHAPTER 2 "ADMINISTRATION",
ARTICLE V "CODE ENFORCEMENT", SECTION 2-348 "SCHEDULE
OF CIVIL PENALTIES"; TO FACILITATE USE OF CODE
ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION
SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the running of red lights causes a safety hazard affecting every citizen and
traveler in the City of A ventura; and
WHEREAS, the City wishes to reduce the running of red lights by creating an additional
enforcement mechanism.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Dane:erous Intersection Safetv. That the City Code of the City of A ventura
is hereby amended by amending Chapter 48 nVehicles and Use of the Right of Way" by creating
Article III "Dangerous Intersection Safety", to read as follows:
Chapter 48 Vehicles and Use of the Rie:ht ofWav
***
Article III Dane:erous Intersection Safety
Sec. 48-25. Intent.
The purpose of this article is to authorize the use of an unmanned cameras/monitoring system
to promote compliance with red light signal directives as proscribed by this article, and to adopt
Ordinance No. 2007-
Page 2
a civil enforcement system for red light signal violations. This article will also supplement law
enforcement personnel in the enforcement of red light signal violations and shall not prohibit law
enforcement officers from issuing a citation for a red light signal violation in accordance with
other routine statutory traffic enforcement techniques.
Sec. 48-26 Use of Image Capture Technologies.
The city shall utilize image capture technologies as a supplemental means of monitoring
compliance with laws related to traffic control signals, while assisting law enforcement
personnel in the enforcement of such laws, which are designed to protect and improve public
health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
state or county laws related to red light signal violations or conflict with such laws. Nothing
herein shall conflict with the primary jurisdiction of Miami-Dade County to install and maintain
traffic signal devices. This article shall serve to enable the City to provide enhanced enforcement
and respect for authorized traffic signal devices. The city may utilize image capture technologies
as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and
injuries associated with such violations. Notices of infractions issued pursuant to this article shall
be addressed using the city's own Special Masters pursuant to Article V of Chapter 2 of the City
Code and not through uniform traffic citations or county courts. This shall not bar the use of
uniform traffic citations and the county courts when city police personnel decide not to rely on
this article as the enforcement mechanism for a specific violation.
Sec. 48-27 Definitions.
2
Ordinance No. 2007-
Page 3
The following definitions shall apply to this article:
INTERSECTION. The area embraced within the prolongation or connection of the lateral
curb line; or, if none, then the lateral boundary lines, of the roadways of two roads which join or
intersect one another at, or approximately at, right angles; or the area within which vehicles
traveling upon different roads joining at any other angle may come in conflict.
MOTOR VEHICLE. Any self-propelled vehicle not operated upon rails or guide way, but
not including any bicycle or electric personal assisted mobility device.
OWNER/VEHICLE OWNER. The person or entity identified by the Florida Department of
Motor Vehicles, or other state vehicle registration office, as the registered owner of a vehicle.
Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more.
RECORDED IMAGES. Images recorded by a traffic control signal monitoring
system/device:
(1 ) On:
(a) Two or more photographs;
(b) Two or more electronic images;
(c) Two or more digital images;
(d) Digital or video movies; or
(e) Any other medium that can display a violation; and
3
Ordinance No. 2007-
Page 4
(2) Showing the rear of a motor vehicle and on at least one image, clearly identifying
the license plate number of the vehicle.
RED ZONE INFRACTION. A traffic offense whereby a traffic control signal monitoring
system established that a vehicle entered an intersection controlled by a du1y erected traffic
control device at a time when the traffic control signal for such vehicle's direction of travel was
emitting a steady red signal.
SPECIAL MASTER. The City's Code Enforcement Special Master, as described in Chapter
2 , Article V of the City Code.
TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The City police department
employee designated, pursuant to Sec. 48-31(B) herein, to review recorded images and issue red
zone infractions based upon those images.
TRAFFIC CONTROL SIGNAL. A device exhibiting different colored lights or colored
lighted arrows, successively one at a time or in combination, using only the colors green, yellow,
and red which indicate and apply to drivers of motor vehicles as provided in F.S. ~ 316.075.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEMlDEVICE . An electronic system
consisting of one or more vehicle sensors, working in conjunction with a traffic control signal,
still camera and video recording device, to capture and produce recorded images of motor
vehicles entering an intersection against a steady red light signal indication.
Sec. 48-28. Adherence to Red Light Traffic Control Signals.
4
Ordinance No. 2007-
Page 5
Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop
before entering the crosswalk on the near side of an intersection or, if none, then before entering
the intersection and shall remain standing until a green indication is shown on the traffic control
signal; however, the driver of a vehicle which is stopped at a clearly marked stop line, but if
none, before entering the crosswalk on the near side of the intersection or, if none, then at the
point nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection in obedience of a steady red traffic control
signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other
traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as
directed by the traffic control signal at the intersection.
Sec. 48-29 Violation.
A violation of this article, known as a red zone infraction, shall occur when a motor
vehicle does not comply with the requirements of Sec. 48-28. Violations shall be enforced
pursuant to Sec. 48-31.
Sec. 48-30 Ninety Day notice; introductory period.
The Police Chief shall notify the City Manager when the red light camera system is
operating correctly at the initial location established. For the ninety days following said
notification, unless the driver of a vehicle received a citation from a police officer at the time of a
red zone infraction in accordance with routine traffic enforcement techniques, the vehicle owner
shall receive a warning in the form of a courtesy notice of the violation. Commencing ninety one
5
Ordinance No. 2007-
Page 6
days after the above referenced notification, the vehicle owner is subject to the enforcement
provisions as provided herein and no warning shall be given pursuant to this article.
Sec.48-31 Review of Recorded Images.
(A) The owner of the vehicle which is observed by recorded images committing a red zone
infraction, shall be issued a notice of violation (hereinafter also known as a "notice"). The
recorded image shall be sufficient grounds to issue a notice.
(B) The City's Chief of Police shall designate a Traffic Control Infraction Review Officer,
who shall be a police officer of the City or who shall meet the qualifications set forth in F.S. ~
316.640(5)(A), or any other relevant statute. The Traffic Control Infraction Review Officer shall
review recorded images prior to the issuance of a notice to ensure the accuracy and integrity of
the recorded images. Once the Traffic Control Infraction Review Officer has verified the
accuracy of the recorded images, he or she shall complete a report, and a notice shall be sent to
the vehicle owner at the address on record with the Florida Department of Highway Safety and
Motor Vehicles or the address on record with the appropriate agency having such information in
another state.
Sec. 48-32 Notice of Violation.
The notice shall be in the form as provided for in Sec. 2-340 of the City Code but shall also
include:
(A) The name and address of the vehicle owner;
6
Ordinance No. 2007-
Page 7
(B) The license plate number and registration number of the vehicle;
(C) The make, model, and year of the vehicle;
(D) Notice that the infraction charged is pursuant to this article;
(E) The location of the intersection where the infraction occurred;
(F) Notice that there are recorded images relating to the vehicle and a statement that the
recorded images are evidence of a red zone infraction;
(G) Images depicting the infraction;
(H) A signed statement by the Traffic Control Infraction Review Officer that, based on
inspection of recorded images, the vehicle was involved in and was utilized to commit a red zone
infraction.
Sec. 48-33 Vehicle Owner Responsibilities
(A) A vehicle owner receiving a notice may:
(1 ) Pay the assessed civil penalty pursuant to instructions on the notice; or
(2) Appear before the Special Master to contest the notice.
(B) The failure to pay the assessed civil penalty and failure to appear before the Special
Master to contest the notice will be considered an admission of liability and in such case an order
7
Ordinance No. 2007-
Page 8
may be entered against the violator for an amount up to the maximum civil penalty, plus any
administrative costs.
Sec. 48-34 Hearing before the Special Master.
(A) The city's code enforcement Special Masters are authorized to hold hearings related
to the enforcement of this article. A hearing shall be scheduled for all notices for which the
vehicle owner timely requests an administrative hearing.
(B) Upon receipt of the named violator's timely request for an administrative hearing, the
city shall schedule a hearing before the Special Master pursuant to section 2-342 of the City
Code. Notice of hearing shall be provided to the vehicle owner pursuant to the notice provisions
contained in Article V of Chapter 2 of the City Code.
(C) The hearing shall be held pursuant to the procedures set forth in Article V of Chapter
2 of the City Code. The Traffic Control Infraction Review Officer may testify at the hearing.
The vehicle owner may present testimony and evidence.
(D) Recorded images indicating a red zone infraction, verified by the Traffic Control
Infraction Review Officer, are admissible in any proceeding before the city's Special Master to
enforce the provisions of this article, and shall constitute prima facie evidence of the violation.
8
Ordinance No. 2007-
Page 9
(E) Unless an affidavit is provided pursuant to 48-35, it is presumed that the person
registered as the vehicle owner with the Florida Department of Motor Vehicles or any other state
vehicle registration office, or an individual having the owner's consent, was operating the vehicle
at the time of a red zone infraction.
Sec. 48-35 Vehicle Owner Affidavit of Non-Responsibility.
(A) In order for the vehicle owner to establish that the motor vehicle was, at the time of the
red zone infraction, either: (1) in the care, custody, or control of another person without the
consent of the registered owner or (2) was subject to a short term (less than six months) car
rental agreement entered into between a car rental agency ,which is licensed as required by
applicable law and is authorized to conduct business in the State of Florida ,and the operator of
the vehicle , the vehicle owner is required, within 20 days from the date listed on the notice, to
furnish to the city, an affidavit setting forth the circumstances demonstrating, either: (1) that the
motor vehicle was not in the vehicle owner's care, custody, or control, and was not in the care,
custody or control of another person with the vehicle owner's consent or (2) that the motor
vehicle was subject to a short term( less than six months) rental agreement between the car
rental agency receiving the notice and the vehicle operator and provide a true and correct copy
of the short term car rental agreement, as applicable The affidavit must be executed in the
presence of a notary, and include:
9
Ordinance No. 2007-
Page 10
(1) If known to the vehicle owner, the name, address, and the driver's license number of
the person who had care, custody, or control of the motor vehicle, without the
vehicle owner's consent, at the time of the alleged red zone infraction; or
(2) The name, address and drivers license number of the person who rented the motor
vehicle from the car rental agency which has received the notice, at the time of the
alleged red zone infraction; or
(3) If the vehicle was stolen, the police report indicating the vehicle was stolen at the
time of the alleged red zone infraction; and
(4) The following language immediately above the signature line: "Under penalties of
perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true."
(B) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution of
the notice issued to the vehicle owner shall be terminated. Proceedings may be commenced by
the City against the responsible person identified in the affidavit, and in such event, the
responsible person shall be subject to the same process and procedures which are applicable to
vehicle owners.
Sec. 48-36 Administrative Charges.
In addition to the penalty pursuant to Sec. 48-39 herein, administrative charges may be
assessed pursuant to Article V of Chapter 2 of the City Code in the event of a hearing and/or the
necessity to institute collection procedures arises.
10
Ordinance No. 2007-
Page 11
Sec. 48-37 Collection of fines.
Collection of fmes shall be accomplished pursuant to Article V of Chapter 2 of the City
Code.
Sec. 48-38 Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued
in any case where the operator of the vehicle was issued a citation for violating the state statute
regarding the failure to stop at a red light indication for the same event or incident.
Sec. 48-39 Penalty.
A violation of this article shall be deemed a non-criminal, non-moving violation for
which a civil penalty, as proscribed in Article V of Chapter 2 of the City Code, shall be assessed.
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. ~ 322.27, shall be recorded on the driving record of the vehicle owner or
responsible party.
Sec. 48-40 Enforcement.
This article may be enforced by any other means available to the City.
Sec. 48-41 Signage.
11
Ordinance No. 2007-
Page 12
The City shall, to the extent practicable, at the primary motor vehicle entry points to the
City, cause to be erected and maintained signs, which substantially meet the design
specifications indicated in Exhibit "A", providing notice of this article. Failure to erect, maintain
or create these signs shall not invalidate or impair any enforcement of this article .
Section 3. Schedule of violations and civil penalties amended. That the City Code of
the City of Aventura is hereby amended by amending Chapter 2 "Administration", Article V
"Code Enforcement", Section 2-348 "Schedule of civil penalties", to read as follows: 1
Sec. 2-348. Schedule of civil penalties.
TABLE INSET:
Code Sec. Description of Violation Initial Civil Penalty
*** *** ***
$125.00 first offense
48-25.et seq. Violation of the Dangerous Intersection $250.00 second offense
- Safety $500.00 each additional
offense
*** **** ***
Section 4. Severability. The provisions of this Ordinance are declared to be sevemble, 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,
1 / Proposed additions to text of City Code are indicated by underline; proposed deletions from text of City
Code are indicated by strikethrough.
12
Ordinance No. 2007-
Page 13
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 5. 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 A ventura; 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 6.
Effective Date.
That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by
first reading. This motion was seconded by
vote, the vote was as follows:
, who moved its adoption on
, and upon being put to a
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner who
moved its adoption on second reading. 1bis motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
13
Ordinance No. 2007-
Page 14
PASSED AND ADOPTED on first reading this 11th day of September, 2007.
PASSED AND ADOPTED on second reading this 2nd day of October, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
N~~
City Attorney
14
Ordinance No. 2007-
Page 15
Exhibit "A"
Signage shall use the following language written so that it may be readily observed from the
adjacent roadways:
NOTICE OF TRAFFIC MONITORING
ALL PERSONS ARE HEREBY ADVISED THAT CERTAIN INTERSECTIONS
WITHIN THE CITY ARE SUBJECT TO RED LIGHT TRAFFIC SIGNAL
ENFORCEMENT BY PHOTOGRAPmC MEANS AND THAT NOTICES OF
VIOLATION MAY BE ISSUED TO VEmCLE OWNERS AND/OR OPERATORS FOR
THE VIOLATION OF TRAFFIC SIGNALS, PURSUANT TO THE CITY'S CODE
ENFORCEMENT SYSTEM.
A VENTURA POLICE DEPARTMENT
15
K e v:st"tL
Iff~ ]- d
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 48
"VEHICLES AND USE OF THE RIGHT OF WAY", BY CREATING
ARTICLE III, " DANGEROUS INTERSECTION SAFETY", PROVIDING
FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF
RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND
PROVISIONS; AMENDING CHAPTER 2 "ADMINISTRATION",
ARTICLE V "CODE ENFORCEMENT", SECTION 2-348 "SCHEDULE
OF CIVIL PENAL TIES"; TO F ACILIT A TE USE OF CODE
ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION
SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the running of red lights causes a safety hazard affecting every citizen and
traveler in the City of A ventura; and
WHEREAS, the City wishes to reduce the running of red lights by creating an additional
enforcement mechanism.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Dan2erous Intersection Safety. That the City Code of the City of Aventura
is hereby amended by amending Chapter 48 "Vehicles and Use of the Right of Way" by creating
Article III "Dangerous Intersection Safety", to read as follows:
Chapter 48 Vehicles and Use of the Ri2ht ofWav
***
Article III Dan2erous Intersection Safety
Sec. 48-25. Intent.
The purpose of this article is to authorize the use of an unmanned cameras/monitoring system
to promote compliance with red light signal directives as proscribed by this article, and to adopt
Ordinance No. 2007-
Page 2
a civil enforcement system for red light signal violations. This article will also supplement law
enforcement personnel in the enforcement of red light signal violations and shall not prohibit law
enforcement officers from issuing a citation for a red light signal violation in accordance with
other routine statutory traffic enforcement teclmiques.
Sec. 48-26 Use of Image Capture Technologies.
The city shall utilize image capture teclmologies as a supplemental means of monitoring
compliance with laws related to traffic control signals, while assisting law enforcement
personnel in the enforcement of such laws, which are designed to protect and improve public
health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
state or county laws related to red light signal violations or conflict with such laws. Nothing
herein shall conflict with the primary jurisdiction of Miami-Dade County to install and maintain
traffic signal devices. This article shall serve to enable the City to provide enhanced enforcement
and respect for authorized traffic signal devices. The city may utilize image capture teclmologies
as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and
injuries associated with such violations. Notices of infractions issued pursuant to this article shall
be addressed using the city's own Special Masters pursuant to Article V of Chapter 2 of the City
Code and not through uniform traffic citations or county courts. This shall not bar the use of
uniform traffic citations and the county courts when city police personnel decide not to rely on
this article as the enforcement mechanism for a specific violation.
Sec. 48-27 Definitions.
2
Ordinance No. 2007-
Page 3
The following definitions shall apply to this article:
INTERSECTION. The area embraced within the prolongation or connection of the lateral
curb line; or, if none, then the lateral boundary lines, of the roadways of two roads which join or
intersect one another at, or approximately at, right angles; or the area within which vehicles
traveling upon different roads joining at any other angle may come in conflict.
MOTOR VEHICLE. Any self-propelled vehicle not operated upon rails or guide way, but
not including any bicycle or electric personal assisted mobility device.
OWNER/VEHICLE OWNER. The person or entity identified by the Florida Department of
Motor Vehicles, or other state vehicle registration office, as the registered owner of a vehicle.
Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more.
RECORDED IMAGES. Images recorded by a traffic control signal monitoring
system/device:
(1) On:
(a) Two or more photographs;
(b) Two or more electronic images;
(c) Two or more digital images;
(d) Digital or video movies; or
(e) Any other medium that can display a violation; and
3
Ordinance No. 2007-
Page 4
(2) Showing the rear of a motor vehicle and on at least one image, clearly identifying
the license plate number of the vehicle.
RED ZONE INFRACTION. A traffic offense whereby a traffic control signal monitoring
system established that a vehicle entered an intersection controlled by a duly erected traffic
control device at a time when the traffic control signal for such vehicle's direction of travel was
emitting a steady red signal.
SPECIAL MASTER. The City's Code Enforcement Special Master, as described in Chapter
2 , Article V of the City Code.
TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The City police department
employee designated, pursuant to Sec. 48-31 (B) herein, to review recorded images and issue red
zone infractions based upon those images.
TRAFFIC CONTROL SIGNAL. A device exhibiting different colored lights or colored
lighted arrows, successively one at a time or in combination, using only the colors green, yellow,
and red which indicate and apply to drivers of motor vehicles as provided in F.S. ~ 316.075.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEMIDEVICE . An electronic system
consisting of one or more vehicle sensors, working in conjunction with a traffic control signal,
still camera and video recording device, to capture and produce recorded images of motor
vehicles entering an intersection against a steady red light signal indication.
Sec. 48-28. Adherence to Red Light Traffic Control Signals.
4
Ordinance No. 2007-
Page 5
Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop
before entering the crosswalk on the near side of an intersection or, if none, then before entering
the intersection and shall remain standing until a green indication is shown on the traffic control
signal; however, the driver of a vehicle which is stopped at a clearly marked stop line, but if
none, before entering the crosswalk on the near side of the intersection or, if none, then at the
point nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection in obedience of a steady red traffic control
signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other
traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as
directed by the traffic control signal at the intersection.
Sec. 48-29 Violation.
A violation of this article, known as a red zone infraction, shall occur when a motor
vehicle does not comply with the requirements of Sec. 48-28. Violations shall be enforced
pursuant to Sec. 48-31.
Sec. 48-30 Ninety Day notice; introductory period.
The Police Chief shall notify the City Manager when the red light camera system is
operating correctly at the initial location established. For the ninety days following said
notification, unless the driver of a vehicle received a citation from a police officer at the time of a
red zone infraction in accordance with routine traffic enforcement techniques, the vehicle owner
shall receive a warning in the form of a courtesy notice of the violation. Commencing ninety one
5
Ordinance No. 2007-
Page 6
days after the above referenced notification, the vehicle owner is subject to the enforcement
provisions as provided herein and no warning shall be given pursuant to this article.
Sec. 48-31 Review of Recorded Images.
(A) The owner of the vehicle which is observed by recorded images committing a red zone
infraction, shall be issued a notice of violation (hereinafter also known as a "notice"). The
recorded image shall be sufficient grounds to issue a notice.
(B) The City's Chief of Police shall designate a Traffic Control Infraction Review Officer,
who shall be a police officer of the City or who shall meet the qualifications set forth in F.S. S
316.640(5)(A), or any other relevant statute. The Traffic Control Infraction Review Officer shall
review recorded images prior to the issuance of a notice to ensure the accuracy and integrity of
the recorded images. Once the Traffic Control Infraction Review Officer has verified the
accuracy of the recorded images, he or she shall complete a report, and a notice shall be sent to
the vehicle owner at the address on record with the Florida Department of Highway Safety and
Motor Vehicles or the address on record with the appropriate agency having such information in
another state.
Sec. 48-32 Notice of Violation.
The notice shall be in the form as provided for in Sec. 2-340 of the City Code but shall also
include:
(A) The name and address of the vehicle owner;
6
Ordinance No. 2007-
Page 7
(B) The license plate number and registration number ofthe vehicle;
(C) The make, model, and year of the vehicle;
(D) Notice that the infraction charged is pursuant to this article;
(E) The location of the intersection where the infraction occurred;
(F) Notice that there are recorded images relating to the vehicle and a statement that the
recorded images are evidence of a red zone infraction;
(G) Images depicting the infraction;
(H) A signed statement by the Traffic Control Infraction Review Officer that, based on
inspection of recorded images, the vehicle was involved in and was utilized to commit a red zone
infraction.
Sec. 48-33 Vehicle Owner Responsibilities
(A) A vehicle owner receiving a notice may:
(1) Pay the assessed civil penalty pursuant to instructions on the notice; or
(2) Appear before the Special Master to contest the notice.
(B) The failure to pay the assessed civil penalty and failure to appear before the Special
Master to contest the notice will be considered an admission of liability and in such case an order
7
Ordinance No. 2007-
Page 8
may be entered against the violator for an amount up to the maximum civil penalty, plus any
administrative costs.
Sec. 48-34 Hearing before the Special Master.
(A) The city's code enforcement Special Masters are authorized to hold hearings related
to the enforcement of this article. A hearing shall be scheduled for all notices for which the
vehicle owner timely requests an administrative hearing.
(B) Upon receipt of the named violator's timely request for an administrative hearing, the
city shall schedule a hearing before the Special Master pursuant to section 2-342 of the City
Code. Notice of hearing shall be provided to the vehicle owner pursuant to the notice provisions
contained in Article V of Chapter 2 of the City Code.
(C) The hearing shall be held pursuant to the procedures set forth in Article V of Chapter
2 of the City Code. The Traffic Control Infraction Review Officer may testify at the hearing.
The vehicle owner may present testimony and evidence.
(D) Recorded images indicating a red zone infraction, verified by the Traffic Control
Infraction Review Officer, are admissible in any proceeding before the city's Special Master to
enforce the provisions of this article, and shall constitute prima facie evidence of the violation.
8
Ordinance No. 2007-
Page 9
(E) Unless an affidavit is provided pursuant to 48-35, it is presumed that the person
registered as the vehicle owner with the Florida Department of Motor Vehicles or any other state
vehicle registration office, or an individual having the owner's consent, was operating the vehicle
at the time of a red zone infraction.
Sec. 48-35 Vehicle Owner Affidavit of Non-Responsibility.
(A) In order for the vehicle owner to establish that the motor vehicle was, at the time of the
red zone infraction, either: (1) in the care, custody, or control of another person without the
consent of the registered owner or (2) was subject to a short term (less than six months) car
rental agreement entered into between a car rental agency ,which is licensed as required by
applicable law and is authorized to conduct business in the State of Florida ,and the operator of
the vehicle , the vehicle owner is required, within 20 days from the date listed on the notice, to
furnish to the city, an affidavit setting forth the circumstances demonstrating, either: (1) that the
motor vehicle was not in the vehicle owner's care, custody, or control, and was not in the care,
custody or control of another person with the vehicle owner's consent or (2) that the motor
vehicle was subject to a short term( less than six months) rental agreement between the car
rental agency receiving the notice and the vehicle operator and provide a true and correct copy
of the short term car rental agreement, as applicable The affidavit must be executed in the
presence of a notary, and include:
9
Ordinance No. 2007-
Page 10
(1) If known to the vehicle owner, the name, address, and the driver's license number of
the person who had care, custody, or control of the motor vehicle, without the
vehicle owner's consent, at the time of the alleged red zone infraction; or
(2) The name, address and drivers license number of the person who rented the motor
vehicle from the car rental agency which has received the notice, at the time of the
alleged red zone infraction; or
(3) If the vehicle was stolen, the police report indicating the vehicle was stolen at the
time of the alleged red zone infraction; and
(4) The following language immediately above the signature line: "Under penalties of
perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true."
(B) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution of
the notice issued to the vehicle owner shall be terminated. Proceedings may be commenced by
the City against the responsible person identified in the affidavit, and in such event, the
responsible person shall be subject to the same process and procedures which are applicable to
vehicle owners.
Sec. 48-36 Administrative Charges.
In addition to the penalty pursuant to Sec. 48-39 herein, administrative charges may be
assessed pursuant to Article V of Chapter 2 of the City Code in the event of a hearing and/or the
necessity to institute collection procedures arises.
10
Ordinance No. 2007-
Page 11
Sec. 48-37 Collection of fines.
Collection of fines shall be accomplished pursuant to Article V of Chapter 2 of the City
Code.
Sec. 48-38 Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued
in any case where the operator of the vehicle was issued a citation for violating the state statute
regarding the failure to stop at a red light indication for the same event or incident.
Sec. 48-39 Penalty.
A violation of this article shall be deemed a non-criminal, non-moving violation for
which a civil penalty, as proscribed in Article V of Chapter 2 of the City Code, shall be assessed.
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. S 322.27, shall be recorded on the driving record of the vehicle owner or
responsible party.
Sec. 48-40 Enforcement.
This article may be enforced by any other means available to the City.
Sec. 48-41 Sign age.
11
Ordinance No. 2007-
Page 12
The City shall, to the extent practicable, at the primary motor vehicle entry points to the
City, cause to be erected and maintained signs, which substantially meet the design
specifications indicated in Exhibit "A", providing notice of this article. Failure to erect, maintain
or create these signs shall not invalidate or impair any enforcement of this article.
Section 3. Schedule of violations and civil penalties amended. That the City Code of
the City of A ventura is hereby amended by amending Chapter 2 "Administration", Article V
"Code Enforcement", Section 2-348 "Schedule of civil penalties", to read as follows: 1
Sec. 2-348. Schedule of civil penalties.
TABLE INSET:
Code Sec. Description of Violation Initial Civil Penalty
*** *** ***
$125.00 first offense
48-25,et seq. Violation of the Dangerous Intersection $250.00 second offense
- Safety $500.00 each additional
offense
*** **** ***
Section 4. 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,
1 / Proposed additions to text of City Code are indicated by underline; proposed deletions from text of City
Code are indicated by strikethrough.
12
Ordinance No. 2007-
Page 13
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 5. 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 A ventura; 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.
That this Ordinance shall be effective immediately
Section 6.
Effective Date.
upon adoption on second reading.
The foregoing Ordinance was offered by
first reading. This motion was seconded by
vote, the vote was as follows:
, who moved its adoption on
, and upon being put to a
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. This motion was seconded
and upon being put to a vote, the vote was as follows:
who
by Commissioner
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
13
Ordinance No. 2007-
Page 14
PASSED AND ADOPTED on first reading this 11th day of September, 2007.
PASSED AND ADOPTED on second reading this 2nd day of October, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
;vI~w
City Attorney
14
Ordinance No. 2007-
Page 15
Exhibit "A"
Signage shall use the following language written so that it may be readily observed from the
adjacent roadways:
NOTICE OF TRAFFIC MONITORING
ALL PERSONS ARE HEREBY ADVISED THAT CERTAIN INTERSECTIONS
WITHIN THE CITY ARE SUBJECT TO RED LIGHT TRAFFIC SIGNAL
ENFORCEMENT BY PHOTOGRAPHIC MEANS AND THAT NOTICES OF
VIOLATION MAY BE ISSUED TO VEHICLE OWNERS AND/OR OPERATORS FOR
THE VIOLATION OF TRAFFIC SIGNALS, PURSUANT TO THE CITY'S CODE
ENFORCEMENT SYSTEM.
A VENTURA POLICE DEPARTMENT
15
/
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
MIAMI DAILY BUSINESS REVIEW
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
C.TYOF AVE""...
NOTICE OFPU8U~lt'_~
Date and_~of Public Heart"g: Tuesd~~_~r11 ,2i>!lr"
. 6:00 p.m. .1(\,;:"; .
Appl~ ~Wnber:' Shuva Israel ~Jorida Inc. (01-ct,J.07)'
~~~L~~
(SEAL)
~
'"","~"-----""-' --- .
AppIIcllntRecpI88t:. ~llPPIicant, Shuva Israel Florida IAC.,~Jsreq!J6st-
. . ingconditkll1aJ use approval for the'~f8b\!lll:ll'nent
of al!YnagogU~~~~d IIbraryin ~Cori'II!1Unity
Bti~eSS-(a~) ~Stript~{;,.. ," . '. . .....
Location.. of .Sub.Jec:t. Pro....perty..: unUs .t~~&,)5.Q; AyentJ~$hoijRing
Center; ~E(~'~~,CI1Y
ofA~n~ra'~:f:;" d' '.. ....
Legal Descrtptlon: Portioflof,Jract G. ofA~8tUr! SeCond Add!tion,
according to the plat~~allrecO.rded III P~eQok 99, Page~' .9fthe
Public Records of~I-~COunty, R(;rida, City Of AY~tura
(complete legal. deSCdption a~~.at the .Comt:n~nity..~nt
Depa~t) . .' .
. ;,';,;
Plans are on fll~'and maYJ)e~ned dtiring ~lJla!b4$i~~~
~:~~W.~~~.~F~es~'
Plans maybe inOdifMMt"W-before:tflEI~u,&I~'~_ng. The.ap~on
maychanged~1tIehe8ringproeellS."'" .... . ,'"
,> ',:.-,,';/ . . -{ ,-: - ',:." -,",.". ~<: .",' '
The Public Hearino.Wllt be held in thtCityCciro!nislliO" Ch~[.ii'i9i~
of AventuraGowrnment Center at trn. ~~~!. You~ ~tll
maybe made in p8l8On at the hea.ri~ QI:~m;~riting priortgthe
hearing c!ate. Refet1bapplieantlpropertyOfl--99J'1'~ lYldl]l8i1
same to CitY Of A~tura Govem~t c.nter,~~ Del!elopment
Department at the address. above. For furtber. inf~ation. please call
(305) 466-8940. . .
In accordanCe' with. the American~. YIitb.Disabil~s .Act of 19!JO.. all
persons who are'dlsableG'alid who' neea.~1 'accomrnoc:lations to
participate in this-proceedlng because oPn.1 ~i1ity Si:lo~ld contact
the Office of the City Clerk; 46&"8901, nQfijlter th$n tWo bu~ness days
. prior to Sl.ICh proceedings.-
If a person decides to appeal any decision madel;ly tht;l ~itYCommission
with respect to any matter considered ata ~g or hearing, that
person wIIlneed arecon:l oUh&proceedjngs8i1d, for SU<:tI. pl.!1PQS6, rnIlf
need to ensure that a verbatim recom of the. pr~dings i$ made, which
record Includes the testimony and evidence upon which the appealls to
be based.
CITY OF AVENTURA - PUBLIC HEARING 9/11/2007
SHUVA ISRAEL FLORIDA INC (01-CU-07)
in the XXXX Court,
was published in said newspaper in the issues of
08/28/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing 'is adverti en for publication in the said
news pap' .
28 day of AUGUST
,A.D. 2007
O.V. FERBEYRE personally known to me
~~ Cheryl H Marmer
. . My CommiSSion 00338559
'\~ ,.:1 Expires July 18, 2008
8128 _
TeresaM. Sor~, MMC, CltyClerk I
01-3-521881351M
/
MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review Ilk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attacherl copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 9/11/2007
APPLICANT - 5AV, LLC (02-VAR-07)
in the XXXX Court,
was published in said newspaper in the issues of
08/22/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this verti e r publication in the said
newspaper.
~AD~OO7
(SEAL)
O.V. FERBEYRE personally known to me MARIAI,M[SA
- . NOTARY PUBliC STAlE OF FlORIOIl
Commission #00293855
Expires: MARCH 04, 2008
OITYOF AVENTuRA
N.OTICrO,PUBLlCIfIARING
Date and TimeofPub~ng:
~'~~-:S,;':., :"
TuesdaY,September 11, 2007
6:00 p.m.
SAV, U:~~AR-07)
<~;it;~ ",
. lhe. applicant, sAv, LLC, i$ requesting
'....18 -...ffeRit.:-~.~,l'l, 9. Httb)(H . ..-.
1h6r,City's . Land ~mtnt . Regulations
JO".pennit two (2) .~ and one (1)
unenclosedpart<ing .~ each'for the two
Unit ~B~sinQle family r8siQences in the 'ViUllS
at Aventura" davelopf)18At. where one (1)_
eneIosed andtwo ~~l;IOSed spaces for
each unit are requi"':~Cpde forJlrQperty at
NE 34Avenuel1l)d ~Country ClUb Drive,
CltyofAventura. '. .
.:"~-~;"
location otSubjectPNperty: northeast comer of NE 34 Avenue .and
...~~i ,North Country Club Or.i\t~ City of Aventura
.,tllii''N'" "".'. .
Legal DescrlpIIem ~of Tract F of,~ ~'~Y'l' Yacht
and Country Ckm. ai:liridnQ to the plat lhfI~~,j.eco~ inP~t Book
89, Page 100 of,thePObIicRecord$ of Mi8m~.colm,ty, fIorida. City
of. Aventura (COh~ ,legal description ~at tile Community
DevelopmentDepiu1rftent)
Plans are 011 file alllfMay'be examined during regular businesS 'hours at
the City of Aventur'a,'Govemment Center,Community.~velopment
Department, 19200 West Country Clut> Drive, Aventura, Florida, 33180.
PJansmay be mocIiflelt,at or.before the PubJlc Hearing. The application
may change during1hGhearing process.
The PubJlc HeaIing.willbe held in the City Commission 9hamberatCIty of
AventUra Govemment Center at th8 address abOve. Your comments may
be made in person at the. hearing or flied in writing prior to the hearing
clate. Refer to appIk:antlproperty on correspondence and man same
to City.' ofAvenwta Goven1ment Center, Comrnunjl.y Deveioplnent
Department at the address above. For further information, please 'call
(305) 466-8940;
In accordancewilh the Americans. with Disabilities Act of 1990, all
persons who are djsatlIed and wI10 need special accommodations to
participate in this pn:)Qeeding because 01 that di$abiJ1ty shouldcontacl the
Office of the City Clerk, 466-8901, not later than two buSiness days prior
to such ~ings.
If a person d6cide$ to appeatariy decision made by the City CommiSSion
with respect to any matter considerectat a meeting or hearing, that person
will need a record of the proce8dings and, for such purpose, may need to
eosure thata vel'b8llm record of the proceedings is. ,made, which. record
includes.. the testimony and 8VIdence upon which the appeal is to be
basecl. .
&'22
Teresa M. Soroka, MMe, City Clerk
. 07-3-1791878583M