09-06-2016 LPACity Commission
]Enid Weisman, Mayor
Denise Landman, Vice Mayor
Teri I-Iolzberg, Commissioner
Marc Narotsky, Commissioner
Robert Shelley, Commissioner
Howard Weinberg, Commissioner
-3
City Manager
Eric M. Soroka, ICMA-CM
Citi Clerk
Lllllisa L. Horvath, MMC
Citi Attorney
Weiss Scrota Helfman
Cole & Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
SEPTEMBER 6, 2016
6:00 PM
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: July 12, 2016
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION
31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 31-144(c)(2) AND SECTION 31-144(c)(5)b.,
COMMUNITY BUSINESS (112) DISTRICT, TO ADD A CONDITIONAL USE FOR
AUTOMOBILE PARKING GARAGES IN THE COMMUNITY BUSINESS (112)
DISTRICT WHEN LOCATED DIRECTLY ADJACENT TO AN AUTOMOBILE
PARKING GARAGE LOCATED IN A MULTIFAMILY RESIDENTIAL ZONING
DISTRICT AND TO CLARIFY THE HEIGHT RESTRICTION IN THE B2 DISTRICT
SITE DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
5. ADJOURNMENT
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 and may participate at the meeting. 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.
A�tura
MINUTES
LOCAL PLANNING AGENCY
MEETING
JULY 12, 2016 AT 6 PM
Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:00 p.m. Present were the following: Mayor Enid Weisman, Vice Mayor
Denise Landman, Commissioner Teri Holzberg, Commissioner Marc Narotsky,
Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M.
Soroka, City Clerk Ellisa L. Horvath, and City Attorney James E. White. Commissioner
Enbar Cohen was absent. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Cliff Schulman.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the March 1,
2016 minutes was offered by Commissioner Shelley, seconded by Vice Mayor
Landman, and unanimously passed by roll call vote.
4.
Mr. White read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION
31-144 'BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 31-144(C)(1), COMMUNITY BUSINESS
(132) DISTRICT TO ADD AN ELECTRIC VEHICLE RETAIL SHOWROOM AS A
PERMITTED USE IN SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE
FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN FIVE
STORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Commissioner
Holzberg and seconded by Commissioner Narotsky.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The following addressed the Commission representing the Applicant: Michael Marrero,
Esq. (Bercow Radell & Fernandez — 200 S. Biscayne Blvd. #850, Miami).
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Weinberg,
City of Aventura Local Planning Agency Meeting Minutes — July 12, 2016
seconded by Vice Mayor Landman and unanimously passed; thereby, adjourning the
meeting at 6:09 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on September 6, 2016.
Page 2 of 2
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Sorok A -CM
City Manag e
BY: Joanne Carr, AICP
Community Development Di
DATE: August 25, 2016
SUBJECT: Application to Amend Section 31-144(c)(2) and Section 31-144(c)(5)b. of the
Land Development Regulations to add a conditional use for automobile
parking garages in the Community Business (132) zoning district when
located directly adjacent to an automobile parking garage located in a
multifamily residential zone and to clarify the height restriction in the B2
District Site Development Standards (03-LDR-16)
September 6, 2016
Local Planning Agency Agenda Item -1
September 6, 2016
City Commission Meeting Agenda Item -1
October 6, 2016
City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-144(c)(2) and Section 31-144(c)(5)b. of the Community Business (62) District
to add a conditional use automobile parking garages in the B2, Community Business,
District when located directly adjacent to an automobile parking garage located in a
multifamily residential zone and to clarify the height restriction in the B2 District site
development standards.
THE REQUEST
The applicant, Aventura Corporate Center LLLP, has submitted an application to amend
Sections 31-144(c)(2) and Section 31-144(c)(5)b. of Chapter 31 of the City Code to add a
conditional use for automobile parking garages in the B2, Community Business, District
when located directly adjacent to an automobile parking garage in a multifamily residential
zoning district and to clarify the height restriction in the B2 District site development
standards. (See Exhibit #1 for Letter of Intent)
BACKGROUND
The applicant's request for this Code amendment results from staff review comments on
the applicant's site plan approval application for construction of a 10 story, 120 foot tall,
132,690 square foot office building and attached 7 level, 68'10" tall parking garage on its
property at 2777 NE 185 Street. The property is approximately 1.45 acres in size and has
frontage on both NE 185 Street and NE 187 Street. The office building is designed to
front on NE 187 Street in the northerly portion of the site and the parking garage is
designed to front on NE 187 Street in the southerly portion of the site. First floor retail and
restaurant is proposed in the parking structure on NE 185 Street.
Immediately adjacent to the east of the proposed parking structure is a property zoned
RMF4, Multifamily High Density Residential District, with an approved site plan for an 18
story, 158 unit multifamily residential condominium. The 6 level, 73'8" tall parking garage
for the residential building is located at the west end of the property, with pool deck and
recreational amenities on the top of the parking levels. The proposed 7 level, 68'10" tall
parking garage for the office building is immediately adjacent to the residential parking
structure and has been designed to be approximately 5 feet shorter than the height of the
residential parking structure to minimize impact on the pool deck and other recreational
amenities.
The attached Exhibit #2, prepared by the applicant, shows a site plan height summary and
an adjacent elevation study for the approved residential development and the proposed
office development.
Section 31-144(c)(5)b. of the City Code provides that the maximum height of a structure in
the B2 zoning district is 12 stories or 120 feet overall maximum height including structure
parking, subject to a limitation that any portion of the building or structure within 200 feet of
any residential zone is subject to a height of one foot for every two feet in distance from
the residential zoned plot unless the application of this requirement would limit the building
height to a minimum of 25 feet.
The residential zoning of the parcel to the east of the proposed parking garage and the
distance from that residentially zoned lot results in a height limitation of 25 feet for the
applicant's parking garage. The applicant's office building is not subject to this height
limitation since the northerly portion of the site on which the office building is proposed is
adjacent to another B2 zoned property.
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed amendment to Section 31-144(c)(2) and Section 31-144(c)(5)b. of Chapter
31, Article VII., Use Regulations, follows and is shown in underlined text:
"Section 31-144 — Business Zoning Districts.
(c) Community Business (62) District.
2
(2) Conditional use. The following uses if first approved as a conditional use:
n. Automobile parking garages located directly adjacent to an automobile parkingaq rape
located in a multifamily residential zone that do not meet the height and distance
requirement of Section 31-144(c)(5)b. and that include the following design elements:
(i) the automobile parking garage is the same height or less than an existing or approved
automobile parking garage located on an adjacent residential plot and
(ii) the top level of the automobile parking garage is completely screened from view of the
adjacent residential plot, and
(iii) the openings along the exterior perimeter walls of the automobile parking garage walls
within 200 feet of a residential zoned plot shall be screened to minimize adverse effects
on the adiacent residential lot.
(5) Site development standards.
b. Maximum height: 12 stories or 120 feet overall maximum height, including structure
parking, provided that a height limitation of five stories shall apply only for shopping center
buildings which are subject to subsection (5)a.4. above. That portion of the building or
structure directly adjacent to and within 200 feet of any residential zone shall be subject to
a height limitation of one foot for every two feet in distance from the residential zoned plot
unless the application of this requirement would limit the building height to a minimum of
25 feet, excepting from this height and spacing requirement an automobile parking garage
approved as a conditional use pursuant to Section 31-144(c)(2)n.
HISTORY
As described in the applicant's Letter of Intent attached as Exhibit #1 to this staff report,
the applicant's site was originally zoned Community Business (62) District through
enactment of the City's Land Development Regulations in 1999. The property
immediately to the east of the applicant's property was also originally zoned Community
Business (B2) District.
In June of 2003, the applicant received Administrative Site Plan Approval for a 13 story,
176.83 foot tall hotel. The approved development did not proceed at that time but
approval was extended at the applicant's request. The existing site plan approval was
modified in 2008 to an 8 story, 93.5 foot tall hotel. This development also did not proceed
due to market conditions at that time. These two hotel buildings were not subject to the
distance and spacing requirement of the B2 zoning district, since the adjacent lot at the
time of the application was also zoned B2 and the site plan approval for the applicant's
site was preserved through extensions under City Code and under State statute. The last
extension of the site plan approval for the applicant's property was to January, 2015.
In September of 2003, the property adjacent to the east applied for and was granted a
zoning amendment from Community Business (62) District to Multifamily High Density
Residential (RMF4) District. The approved plan for this property includes a 6 level, 73'8"
tall parking garage in the westerly portion of the property adjacent to the applicant's
property.
In July of 2015, the applicant submitted a new site plan application for a 10 story, 120 foot
tall office building with attached 7 level, 68'10" tall parking garage. The proposed parking
garage is adjacent to the approved parking garage for the residential condominium to the
east and is now subject to the height and distance regulations of the B2 zoning district,
which limits any portion of a commercial building within 200 feet of a residential building to
one foot in height for every two feet in distance from the residential building. Based on the
applicant's lot configuration, the maximum allowable height of the parking garage is 25
feet.
ANALYSIS OF THE REQUESTED CODE AMENDMENT
The applicant's request is to amend the Community Business (132) District regulations to
allow, through public hearing conditional use approval process, a parking garage in the
B2 district that is directly adjacent to a parking garage in a multifamily residential district
and does not meet the height and distance requirements of the B2 district, with the
conditions that the automobile parking garage on the B2 lot is the same height or less
than an existing or approved automobile parking garage on the adjacent residential lot,
that the top level of the commercial parking garage is screened from view of the residential
development and that all openings of the commercial garage within 200 feet of the
residential lot are also screened.
There are currently no parking garages on a B2 parcel within 200 feet of a parking garage
on a multifamily residential lot. This amendment would only apply if a multifamily
residential structure was developed or redeveloped with a parking garage and a B2 parcel
was subsequently developed or redeveloped with a parking garage located directly
adjacent to the residential parking garage.
The proposed amendment contains conditions on maximum height and screening to
ensure compatibility of the two adjacent parking garages and is specific to garage
adjacent to garage only. In the event a commercial building is proposed adjacent to a
residential lot or in the event that there is no existing or approved parking garage on an
adjacent multifamily residential lot, the distance and spacing requirements of Section 31-
144(c)(5)b. will continue to apply.
D
ANALYSIS OF STANDARDS FOR REVIEW OF PROPOSED TEXT AMENDMENTS
Staff provides the following analysis of the request using the standards for reviewing
proposed amendments to the text of the Land Development Regulations contained in
Section 31-77 of the City Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan, specifically, Objective 1 and its measure of the Land Use Goal in
the Future Land Use Element which states that "the Land Development Regulations
shall provide a cohesive blueprint for development and redevelopment of the City that
accommodates growth while maintaining the integrity of the built and natural
environment." The measure of Objective 1 above is incorporation of policy provisions in
to the Land Development Regulations. This amendment incorporates a policy decision
for height of parking garages in the Community Business (B2) District when they are
immediately adjacent to a parking garage in a multifamily residential zoning district.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City. The
proposed amendment is consistent with this purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City by establishing
standards for review and approval of development of land.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for regulation by which to approve
development or redevelopment projects in the City.
61
C Bilzin Sumberg
Brian S. Adler, Esq,
Exhibit 1 Tel 305.350.2351
03-LDR-16 Fax 305.351.2206
badler(dbilzin com
August 23, 2016
VIA FEDEX AND E-MAIL
Ms. Joanne Carr
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Amendment to the Text of the Land Development Regulations
Proposed Amendment to Code Section 31-144(c)(2) and (5)
AMENDED AND SUPPLEMENTAL LETTER OF INTENT
Dear Ms. Carr:
This firm represents Aventura Corporate Center, LLLP. Please consider this our formal
letter of intent in connection with a Public Hearing Application for Amendment to the Text of the
Land Development Regulations. Specifically, this request seeks a modification of the
restrictions or permitted heights of parking garages in the B2 zoning district. Our client is
requesting a modification to sections 31-144(c)(2) related to Conditional Uses and 31-
144(c)(5)(b) related to height only as it pertains to parking garages.
At the time of adoption of the City's land development regulations, the maximum height
of structures in the 132 zoning district was 20 stories. The City subsequently amended its land
development regulations in 2006 to lower the maximum height to 12 stories or 120 feet as of
right, with conditional use approval for heights up to 20 stories or 200 feet. The B2 zoning
district then further restricted any portion of a building or structure within 200 feet of a
residentially zoned lot to 1 foot of height for each 2 feet of distance from a residentially zoned lot
(with a minimum height of 25 feet).
Our client owns the Property located at 2777 N.E. 185th Street. A history of the City
approvals on this Property and the adjacent property to the east is particularly instructive.
Our client's Property was originally approved in June 2003 under City of Aventura
Administrative Site Plan Approval 15 -SP -02 for a 13 -story, 176.83 foot tall Embassy Suites
hotel, including a 170 room hotel atop a parking pedestal, and located on the portion of the lot
adjacent to the property to the East. The structure was within the 200 foot distance of the
adjacent parcel to the east, which adjacent parcel, at that time, was similarly zoned B2.
MIAMI 5120691.2 77553/45327
Bilzin Sumberg Baena Price & Axelrod LLP 1 1450 Brickell Avenue, 23rd Floor, Miami, Florida 33131-3456
Tel 305.374.7550 I Fax 305.3747593 1 bilzin.com
Ms. Joanne Can
August 23, 2016
Page 2
+C`:�>Bilzin Sumberg
Therefore, while not subject to the spacing or distance requirements at the time, the
subsequently adopted changes to the land development regulations related to spacing from
residential districts would not have impacted our client's development. Our client's parcel was
therefore not subject to the setback and height restriction associated with commercial
developments adjacent to residential property or the modified City land development regulation.
In September 2004, through ASPR 15 -SP -02 (Rev), the City approved an extension of
time to obtain the permit to provide additional time to obtain the consent of the then
Walgreens/Pier 1 owner to the covenant in lieu of unity of title. In December 2004 our client
submitted an application for a revised site plan for a 14 -story office and bank building, however,
due to changing market conditions, our client then sought a further modification of the prior
approvals, through ASPR 01 -SP -08 to revert back to a hotel use for an Aloft hotel with an 8
story structure directly adjacent to the adjacent residential parcel. The two site plan
modifications were again not subject to the distance and height restrictions since they were
modifications to existing approvals.
In the interim the owner of the adjacent parcel sought and received, in 2003, a voluntary
rezoning from B2 commercial to residential. At the time of the rezoning of the parcel to the east,
our client's Property was approved for structures adjacent to and within the setback, ranging
from 8 to 20 stories. However, the voluntary rezoning of the adjacent parcel unfortunately has
now served to restrict the height of commercial structures in the B2 district within 200 feet of that
residential district to a height of one foot for every two foot in distance from the residential zone
plot, with a minimum of 25 feet.
The rezoning of the adjacent parcel has had significant negative impacts on our client's
property which is limited in depth. The consequence was to restrict a portion of our client's
property, which is near the town center district and just east of Biscayne Boulevard to two
stories when some of these properties previously enjoyed the ability to go up to 12 stories as of
right and up to 20 stories via conditional use. In fact, the prior approvals under the B-2 zone
previously allowed for an even higher development.
However, due to the changing market and need for additional Class A office buildings in
the City of Aventura, our client has applied for a new site plan to seek a 12 story office building
and parking garage. Because of the irregular lot configuration, the office building portion of the
development is directly adjacent to another B2 zoned parcel and is therefore not subject to the
one foot to two foot height and distance restriction. However, the parking garage portion of the
development is now adjacent to a residentially zoned lot and is subject to that height restriction.
The result is to limit the height of the parking structure that was previously approved at
up to 20 stories to no more than two stories for the portion adjacent to the residential property
without receiving a variance. This change essentially artificially limited the height of our client's
building to 25 feet across a significant portion of the Property. This impact not only affects the
subject portion of the Property but the ability to provide required parking for the use.
If our client's Property was zoned residential, a residential parking garage or even a
residential structure would be permitted within the same area as our client's proposed parking
garage. There is very little difference in appearance, utilization or impact between a parking
MIAMI 5120691.2 77553/45327
Ms. Joanne Carr
August 23, 2016
Page 3
"Bilzin Sumberg
garage servicing a commercial uses versus a parking garage servicing residential uses to justify
the distinction in the code as it relates to parking structures as they are both essentially the
same parking garages. The protection sought to buffer the adjacent residential structures is
more understandable for the actual commercial or office use rather than the parking garage that
arguably could service either residential or commercial properties. Further, in today's urban
environment, many jurisdictions support the colocation of residential and commercial structures
in recognition that these uses are often located in close proximity to each other to support a
more walkable development. In fact the City's own Town Center district supports such
colocation.
If our client's Property was designated for residential development, our client could as of
right construct a twelve story residential tower next to the adjacent residential development.
Further, our client could construct an twelve story, as of right, garage next to a residential
development.
Therefore, we propose that the B2 Code be modified to eliminate the distinction between
the same type of parking garage structure servicing a residential versus a commercial garage
and allow for parking garages to be approved via conditional use in the B-2 zone so long as the
parking garages are properly screened to avoid light spillage into the adjacent residential
development. The proposed modified language is attached as Exhibit A.
Office buildings generally have less late evening trips at the time when the residences
are being utilized. Therefore, a residential parking garage arguably has the potential to have
more impact rather than less impact than the proposed commercial or office parking garage
which generally has daytime office hours. Further, the parking garage portion of a commercial
structure is no different than a residential parking garage and therefore, if a residential parking
garage is permitted adjacent to a residential property, then a parking garage in support of a
commercial use should equally be permitted so long as the commercial uses (retail stores, etc.)
are not higher than the 25 feet within 200 feet of the residential property.
Finally, through the conditional use process, the Commission can evaluate in
circumstances such as this where the impacted property was commercial and voluntarily sought
a zone change to residential, and the inequities associated with impacting neighboring
properties based on such change.
We therefore propose the attached language be added to the Code.
Should you have any questions regarding the above, please do not hesitate to contact
me at (305) 350-2351.
Very trul ours,
Brian Adler
BSA/ebl
MIAMI 5120691.2 77553/45327
S
NEW PARHINGGARAGEBUILDING
d r ROOF ELEVATION 8'.7'
ONEAST SIDE
Exhibit 2
03-LDR-16
EXISTING BUILDING
TOP OF APPROVED
RESIDENTIAL PARKING GARAGE
EL=+73'8
TOP OF APPROVED
RESIDENTIAL TOWER
EL -+1858
i A
+,yam
m� �d
site plan
height summary 08d2-2016
TOPOFWESTSIOE
NEWPPRNING
GARAGE ROOFTOP
SCREEN
)34.
IXEISTSIIX I JTI5P,VAPMPOVFD t
WPARKING RESIDENTI I
tGE ROOFTOP PARKING GUNGE
SCREEN 734 I
ee-7
adjacency
VM
study 0&22-20" SM
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31.71(b)(2)(i) of the City of Avenlura Land Development Code. this Applicant Representaive Affdavit is hereby made and
submitted. The undersigned authorized representah" 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 lisle and identifies all parsons representing the individual or entity
applying for the Development Permit in connection with the application, as follows:
Name
Leonel Vasquez
Relationship I/e. Atom ys. Ardwectt, Lendscepe
Anehaecrs. Engineers, Lobbyrtrt. Etc.)
Authorized Signatory
Stanley S. Price
Attorney
Brian S. Adler
Attorney
Lawrence Beame
Architect
Mauricio Rodriguez Architect
(Attach Additional Sheets It 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)(M 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 Z2,— DAY OF .A.L)t(1
AUTHORI DIf! PRESENTATIVE OF APPLICANT
6y. Vfi
azure) ,
Name:-Ia n' Vw�&WlV Z
y y y� Print
Title:_ITjrr1 W�l�f6T
Address 194.50 k),Cfiot—gi i�./,g K re
STATE OF FLORIDA )
COUNTY OF MIAMI -RADE)
OWNER
(Sgnalue)
(Print)
Address:_
Before me the undersigned authority personally appeared L"At A WQaLik Z as the authorized representative of the
Applicant andfor 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 caned.
Wap AFFIANT
SWORN TO AND SUBSCRIBED BEFORE MEthi ay of e . 200/
Notary P lic State orida At La
Printed ofNolary tlf le�crii�L
My commission e Ic n t`�4 4
=a ;...��n ft
OE2F16436920195059163.1/45327 Inawance
QaBUSINESS RELATIONSHIP AFFIDAVIT*
,
This Affidavit is made pursuant to Section 31-71(bl(2)(ii) of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that
(mark with'x' applicable portions only)
JXJ 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the appliwfion will be presented.
]2 Ali 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:
[ J 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 pint 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.
O 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 S10.D00.00 of the business of the member of the City Commission of 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 the Applicant or Representative and transacts
more than S25.000 OD of the business of the Applicant or Representative in a given calendar year
1VITNESS 1.1Y WAND THIS 1+11 DAY Cr- AVV�l 2016
APPLICANTRFr (� SENTATIVE.
By I _. _ fSoetwel
Name. Leahy VWQJDZ IPrinq
Tithe. C09M Representative (print)
WITNESS MY HAND THIS j_` DAY CF
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared, Lionel Vasquez the Alkwi whp being fust by me duly swum, did swear or affirm that helshe
executed this Affidavit for the purpose] stated therein and that 4 is true arid wnect. 1 ,..} , -�
SWORN TO AND SUBSCRIBED before me Its ,LLday of 1tt C44K:Y .2016.
CAMILLE MELENDEZ 1YNIdt
�`e
MY COMMISSION OFF184369 Pr fary
EXPIRES JANOs. 7019 tits203.
BOAOed through IN$fail uisurif j
NI IAM 131(15509.1 77353;45327
In BUSINESS RELATIONSHIP AFFIDAVIT*
°"Ib"f!W
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)
( j 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.
(X j 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:
Robert L. Shelley (List name of Commissioner or Advisory Board Member) who serves on
the City Commission (List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
Ili Member of City Commission or Board folds 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, oo-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venture 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;
[I iv. A City Commissioner or Board member is a Client of the Applicant of Representative;
j 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;
] X j vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $0yr0�00.00 of the business of the Applicant or Representative in a gNen calendar year.
,_ f y_ r
WITNESS MY HAND THISf � DAY Of i`'C+ r+ 2016.
APPLICANT REFIRE SE TA:TIVE:
By: r } r lgnature)
Name Brian S. Adler (Print)
Title: Attomev (Print)
p
WITNESS MY HAND THIS/' -44 DAY OF 2016.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared, Brian S. Adler the Affiant, 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.
Brian S. Adler
1
SWORN TO AND SUBSCRIBED before me thi day of 2016.
r i
Notary ROWStalle-of
Noun, Public State of Florida Printed Name of Notary
Eeb�Wrr GartonF 132
Ex Cam � 'B13i2Ye My commission ezpires:
MIAMI 5110437.2 77553/45327
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:
Ili 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 venture 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.
MY HAND THIS 9 DAY OF A 31 4tv 2016.
By: �.r �—�" (Sign
Name: Lawrence Beame (Print)
Title: Architect (Print)
WITNESS MY HAND THIS DAY OF
2016.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Before me, the undersigned authority, personally appeared, Lawrence Beame theAfpt, being first by me duly swom, 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
Ii. IfYree 11122.2(
Ion # FF 179162
MIAMI 5105523.1
Y�
awrence Beame
A- day of 2016.
FL,OeA o a
Notary Public to
2,exS� . V.J�uNj
Printed Name of Notary /O Al
My commission expires: MA R 22 r Z
J _ BUSINESS RELATIONSHIP AFFIDAVIT*
'k"'v
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)
Title:
[XI 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.
(I 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:
Ili. 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;
(IV 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 $10,000.00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year;
[ I vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than 25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS �Y HAND THIS DAY OF 1T, 2016.
FRER�E$FNTATIVE:
WITNESS MY HAND THIS DAY OF r "y �� , 2016.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared, Mauricio Rodriguez the Aff 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.
Uf„ �
SWORN TO AND SUBSCRIBED before me this r day oftttv �'�d, 2016.
MIAMI 5105517.1 77553/45327
DIANA L REGO
Commission 0 FF 196807
ry,pablic Stat of
'S My Commission Esptres
February 03. 2019
ed Name of Notary
My commission expires
t BUSINESS RELATIONSHIP AFFIDAVIT'
This Affidavit is made pursuant to Section 31-71(1 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.
Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock
of Applicant or Represenlalive:
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 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 $10,00.00 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 $25.00.0 of the business of the Applicant or Representative in a given calendar year
WITNESS MY HAND THIS _ DAY OF ,_ 400
APPLICANT
By. (Signature)
Name: (Pnnr)
Title:
WITNESS MY HAND THIS _ DAY OF _. 200
PROPERTY OWNER.
°y Ngnaluie)
Name. _ (Print)
'the terms "Business Relationship,' 'Client " "Customer, " 'Applicant. " Representative" and "Interested Person" are defined in
Section 2-395 of the Aventora City Code.
WITNESS MY HAND THIS DAY OF 4<U&0S- 2011(r, .
REPRESENTATIV : ess Relationship Affidavit)
lSrgna(urrJ BY _ (Signxure
Name: S T f�C:� (PrintJ
Name: _ (PrintJ
Title: ��ZC��E—�{ (PiinrJ Title*
lPrintl
BY:_..-_ (Srgnxwe)
Name:_ _ (PnnQ
Title:. _ (Print)
By: . (Signatrre)
Name:
_(Print)
Title:
_ (Punt)
BY:
(Si9natu1e1
(Print)
Title: _
_(Wind
Title.
(Print)
Title:
(PrintJ
By _(Signature)
Title: (Print)
(Print)
BY: ._ _ _ (Signature
Name: /On -,l
Title.
BY.
(Signature
BY: _.
Name._
(Print)
Title: _ _ _
-__(Print)
By. _
(Signature
Title:_ _ _ __
(Prrnp
BY: _.
(Signature
Title:- _
(Print)
Title. _ _. _
(PrintJ
BY. (Signature
Title:_.
Title _/PrintJ
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
'_) Applicants and Affiant, are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)t2)tiv) 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 proe ided in the Affidavit becomes incorrect or
incomplete.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
NOTARIZATION PROVISION
Before me, the undersigned authority, personapy, appeared S �C� d>A#.i'-,CE
executed this Affidavit l _ the A/fianl, who b I swan, did swear or affirm that he/she
lathe purposes staled therein and that p is correct. I
AFFIANT
SWORN TO AND SUBSCRIBED before me this '31 day of =E �� ,2090.
CRAFF
_ � £ 14"Mry PVbIIC - 518e of Florida
Nota Pubhc Stateof F da At targe CotantbtYon / FF 197667
G St-trio-r.z C'•—c./i ,cur �y My CO" Exgms Apr 7. 2ot9
Printed Name of Notary " nx�oalr0l�Ftal0lallldy
MYcommmsionexpires:- _. _. yAssn.
STATE OF FLORIDA ) _ - --------
COUNTY OF MIAMI-DADE)
Belore me, the undersigned authority, personally appeared _
executed this Affidavit for the purposes stated therein and Ual iI is true and correct
SWORN TO AND SUBSCRIBED befae me this day of
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
__. the Affiant, who being first by me duly swan. did swear a affirm that hefshe
Notary Public Slate of Fbdda At Large
Pnnled Name of Notary
My commission expires:..
Mae me, the undersigned authority, personally appeared _the Affiant, who being first by me duly swan, did swear or affirm that he/she
executed this AI(davil fa the purposes stated therein and that it is true and caned
AFFIANT _ — --
SWORN TO AND SUBSCRIBED belae me INS _. day of _200
Notary Public State of Flalda At Large
Printed Name of Notary _
My commission expires:_
STATE OF FLORIDA 1
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared _ _ _ _ the Affiant, who being first by me duly swan, did Swear a affirm that helshe
executed this Affidavit for the purposes stated therein and That I is We and correct.
SWORN TO AND SUBSCRIBED belaeme this _day of
AFFIANT
Notary Public State of Florida At Large
Primed Name a Notary
My commission expires:_ _ _.
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
144(c)(2) AND SECTION 31-144(c)(5)b., COMMUNITY BUSINESS (62)
DISTRICT, TO ADD A CONDITIONAL USE FOR AUTOMOBILE
PARKING GARAGES IN THE COMMUNITY BUSINESS (132) DISTRICT
WHEN LOCATED DIRECTLY ADJACENT TO AN AUTOMOBILE
PARKING GARAGE LOCATED IN A MULTIFAMILY RESIDENTIAL
ZONING DISTRICT AND TO CLARIFY THE HEIGHT RESTRICTION IN
THE B2 DISTRICT SITE DEVELOPMENT STANDARDS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 31-144(c)(5)b. of the City of Aventura Code of Ordinances
("City Code") limits the height of buildings in the Community Business (62) District to 12
stories or 120 feet except those portions of buildings which are within 200 feet of any
residential zone are limited to one foot of height for every two feet in distance from the
residential zoned plot unless the application of this requirement would limit the building
height to a minimum of 25 feet; and
WHEREAS, the City Commission of the City of Aventura ("City Commission") is
desirous of amending Section 31-144 "Business Zoning Districts" of Chapter 31 "Land
Development Regulations' of the Code of Ordinances ("City Code") to add a conditional
use for automobile parking garages located in the Community Business (132) District
directly adjacent to an automobile parking garage located in a multifamily residential
zoning district and to clarify the height restriction in the District's site development
standards; and
WHEREAS, the City Commission finds that the proposed amendments to
Section 31-144 of the City are consistent with the applicable goals, objectives and
policies of the City's Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
during the required public hearings and has recommended approval to the City
Commission; and
City of Aventura Ordinance No. 2016-_
WHEREAS, the City Commission has reviewed the proposed amendment, and
finds that it is in the best interests of the public to amend Section 31-144 of Chapter 31
"Land Development Regulations," as set forth in this Ordinance; 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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. That Section 31-144 'Business Zoning
Districts' of Article VII "Use Regulations" of Chapter 31 "Land Development
Regulations' of the City Code is hereby amended to read as follows':
Sec. 31-144. — Business Zoning Districts.
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
"Section 31-144(c) — Business Zoning Districts.
(c) Community Business (B2) District.
Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed
deletions to existing text.
Page 2 of 5
City of Aventura Ordinance No. 2016-_
(2) Conditional use. The following uses if first approved as a conditional use:
n. Automobile parking garages located directly adjacent to an automobile parking
garage located in a multifamily residential zoning district that do not meet the height and
distance requirement of Section 31-144(c)(5)b. and that include the following design
elements:
(i) the automobile parking garage is the same height or less than an existing or
approved automobile parking garage located on an adjacent residential plot; and
(ii) the top level of the automobile parking garage is completely screened from view of
the adjacent residential plot; and
(iii) the openings along the exterior perimeter walls of the automobile parking garage
walls within 200 feet of a residential zoned plot shall be screened to minimize adverse
effects on the adjacent residential lot.
(5) Site development standards.
b. Maximum height: 12 stories or 120 feet overall maximum height, including structure
parking, provided that a height limitation of five stories shall apply only for shopping
center buildings which are subject to subsection (5)a.4. above. That portion of the
building or structure directly adiacent to and within 200 feet of any residential zone
shall be subject to a height limitation of one foot for every two feet in distance from the
residential zoned plot unless the application of this requirement would limit the building
height to a minimum of 25 feet, excepting from this height and spacing requirement an
automobile parking garage approved as a conditional use pursuant to Section 31-
144(c)(2)n.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
Page 3 of 5
City of Aventura Ordinance No. 2016-_
be renumbered or re -lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Teri Holzberg
Commissioner Marc Narotsky
Commissioner Robert Shelley _
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman _
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 Teri Holzberg
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
Page 4 of 5
City of Aventura Ordinance No. 2016-_
PASSED on first reading on this 6th day of September, 2016.
PASSED AND ADOPTED on this 5th day of October, 2016.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of , 2016.
Page 5 of 5