July 10, 2018 Local Planning Agency Meeting Agenda Interim City Manager
City Commission Joanne Carr,AICD
]Enid Weisman,Mayor
Gladys Mezrahi,Vice Mayor : - � City Clerk
Denise Landman,Commissioner t� Eiiisa Lo Horvath,MMC
Dr.Linda Marks,Commissioner
Marc Narotsky,Commissioner Citi Attorney
Robert Shelley,Commissioner � � F� Weiss Scrota Helfman
Howard Weinberg,Commissioner �e � p�s� Cole&Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
JULY 109 2018
6:00 p.m.
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: May 1 , 2018
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 2.1 OF
OBJECTIVE 2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT
TO ADD LIMITED SERVICE HOTEL IN COMBINATION WITH MULTIFAMILY
RESIDENTIAL USE TO THE LIST OF PERMITTED HOUSING STRUCTURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31,"LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF
ORDINANCES BY AMENDING SECTION 31-21, DEFINITIONS, AND BY
AMENDING SECTION 31-143(F)(1) AND SECTION 31-143(F)(2A), MULTIFAMILY
HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO DEFINE AND ADD
LIMITED-SERVICE HOTEL USE IN COMBINATION WITH MULTIFAMILY
RESIDENTIAL DEVELOPMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
5. ADJOURNMENT
Aventura Local Planning Agency Meeting Agenda
July 10, 2018
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.
Page 2 of 2
The City of MINUTES
Aventura LOCAL PLANNING AGENCY Government Center
19200 W.Country Club Drive
MEETING Aventura, Florida 33180
—�— MAY 1, 2018 AT 6 PM
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:00 p.m. The roll was called, with the following present: Mayor Enid
Weisman, Vice Mayor Robert Shelley, Commissioner Denise Landman, Commissioner
Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky,
Commissioner Howard Weinberg, City Manager Susan L. Grant, City Clerk Ellisa L.
Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Rachel Yavner.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the February 6,
2018 meeting was offered by Vice Mayor Shelley, seconded by Commissioner
Narotsky, and unanimously passed by roll call vote.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE: Mr. Wolpin read the following Ordinance by title and noted
that the staff report and any comments provided for the item would be included in the
record by reference, for the same item on the regular Commission Meeting Agenda:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION
31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-143(F)(3)B.,
MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO Al)!)
PUBLIC OR PRIVATE WATERWAYS AND DOCKS TO THE SUN SHADOW
EXEMPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Vice Mayor Shelley
and seconded by Commissioner Landman.
Community Development Director Joanne Carr addressed the Commission, entered the
staff report into the record, and reviewed the noticing requirements.
The following provided testimony on behalf of the Applicant (YCM Acquisitions LLC):
Jeffrey Bercow, Esq. (Bercow Radell & Fernandez, 200 S. Biscayne Blvd. Suite 850,
Miami, FL).1
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
Copies of letters sent on behalf of the Applicant to the adjacent property owners were provided.
City of Aventura Local Planning Agency Meeting Minutes
May L 2018
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Narotsky,
seconded by Commissioner Mezrahi and unanimously passed; thereby, adjourning the
meeting at 6:10 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on July 10, 2018.
Page 2 of 2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Joanne Carr, AICP II ,
Interim City Managekl.
DATE: July 5, 2018
SUBJECT: Application by Granite Aventura LLC for amendment to the text of the
City of Aventura Comprehensive Plan to add limited service hotels to
Policy 2.1, Medium-High Density Residential Land Use Category of the
Future Land Use Element (01-CPA-18) A
July 10, 2018 Local Planning Agency Meeting Agenda Item-a2
July 10, 2018 City Commission Meeting Agenda Item
September 4, 2018 City Commission Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Policy 2.1 of
the Future Land Use Element of the City of Aventura Comprehensive Plan to allow
limited service hotels in combination with residential uses in the Medium-High
Density Residential Land Use Category.
THE REQUEST
The applicant, Granite Aventura LLC, is requesting an amendment to Policy 2.1 of
the Future Land Use Element of the City of Aventura Comprehensive Plan to allow
limited service hotels in combination with residential uses in the Medium-High
Density Residential Land Use Category. The applicant's Letter of Intent is attached
as Exhibit#1 to this staff report.
BACKGROUND
The applicant has proposed a combined residentiaUlimited service hotel
development on its land at the corner of NE 28 Avenue and NE 185 Street. A
limited service hotel is defined as hotel use within a residential development ,
separated from the residential use, and having its own separate driveway
entrance/exit and its own separate lobby, where no more than 10% percent of
the gross floor area is devoted to hotel amenities such as dining areas, bars,
1
lounges, and meeting rooms, excluding the gross floor area of accessory ground
floor retail and restaurant uses.
The Medium High Density Residential Land Use Category in the Future Land Use
Element of the City's Comprehensive Plan currently allows only residential uses.
Approval of an amendment to that land use category is required to allow the
proposed limited service hotel use. The development proposal will also require
application for and approval of an amendment to the Multifamily High Density
Residential (RMF4) District of the City's Land Development Regulations (LDR). The
applicant has submitted its LDR amendment application, which is subject of a
separate staff report and ordinance on the July 10 Local Planning Agency and City
Commission meetings.
If the proposed amendments to the Comprehensive Plan and Land Development
Regulations are approved, the development will be reviewed following submission of
an application for site plan approval. Once the site plan has been reviewed and all
reviewers' comments are addressed, an application for conditional use approval will
be presented to the City Commission at a public hearing.
THE PROPOSED AMENDMENT
The proposed amendment is to Policy 2.1 of the Future Land Use Element of the
Comprehensive Plan, as follows':
"FUTURE LAND USE ELEMENT
LAND USE GOAL
Provide the best possible distribution of land use and services to meet the physical, social,
cultural and economic needs of the present and future populations of the City.
OBJECTIVE 2
The following land use densities, intensities and approaches shall be incorporated in the
Land Development Regulations.
Measure: Incorporation of the stated land use designations into the Land Development
Regulations.
Policy 2.1
' Underlined text indicates insertions. Stricken-through text indicates deletions.
2
The Future Land Use map shall identify all residential land as one of the following
Residential Land Use Categories:
Medium-High Density This category allows a range of densities from 25 to 60
dwelling units per gross acre. In this category, the height of the buildings, and
therefore, the attainment of densities approaching the maximum depends to a great
extent on the dimensions of the site, conditions such as location and availability
services, zoning, type of housing structure, the ability to provide sufficient off-street
parking, and the compatibility with and impact of the development on surrounding
areas. The type of housing structure typically permitted in this category includes low,
medium, and high-rise apartments, but may also include single family detached,
duplexes, triplexes, quadruplexes, and townhouses and Limited-Service Hotel in
combination with Multifamily Residential Use. Additionally, the height of the buildings
and attainment of densities approaching the maximum shall also be contingent on
the ability of the developer to ensure appropriate transitions and buffers with the
surrounding neighborhood, and to alleviate impacts that will adversely impact service
levels and quality of life."
ANALYSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended by application of an owner of property
subject to the amendment. The application has been submitted by the owner in
accordance with that section. Notice and hearing procedures are to comply with
Section 31-53 of the City Code and Sections 163.3184(11) of the Florida Statutes
163.3184.
The applicant's attached Letter of Intent states the consistency of its request with the
goals and objectives of the City's Comprehensive Plan.
Notice of the proposed amendment has been published in accordance with Section
31-53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by
the City Commission, a copy of the ordinance will be transmitted for comment to the
review agencies listed in Section 163.3184 of the Florida Statutes. That legislation
provides that comments are to be provided within 30 days of receipt. Staff will
present the ordinance to the City Commission for second reading once comments
are received and addressed.
3
akern a CITY CF C.VEtSLU�:4 Nelsen 0.Kasdin
_ V 111U11 ,Ap. 2 6 2018 Alterman LLP
Three Nickell City Centre
98 Southeast Seventh Street
INIT'.AL Suite 1100
Miami,FL 33131
T:305 374 5600
F:305 374 5095
April 26,2018
Joanne Carr, Community Development Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Letter of Intent-Proposed Amendment to Comprehensive Plan
Dear Ms.Carr:
On behalf of Granite Aventura LLC (the "Applicant"), we would like to thank you for taking the
time to work with us in connection with the requested text amendments to the Comprehensive Plan
("Amendment").
As discussed, the concept of mixing residential and hotel uses within an urban area is an
increasingly popular model for development. When located near a business district and a dense
residential area this mix of uses creates a more efficient and pedestrian oriented pattern of
development. Hotel guests could stay in close proximity to residents they are visiting,offices,and retail,
as well as houses of worship. However, the City's comprehensive plan currently makes no provision for
such use in a high density residential area bordering a business district. As presented, Applicant
proposes an Amendment to the Comprehensive Plan,which would further this goal.
The Amendment to the City of Aventura Comprehensive Plan is proposed to allow Limited-
Service Hotels combined with Multifamily Residential Mixed Use ("LSH-MF") in the Medium-High
Density Residential Future Land Use Category. See proposed language attached as Exhibit A. The
proposed amendment furthers the orderly development of the City by providing the opportunity to
locate a Limited-Service Hotel mixed use development within a Medium-High Density Residential Future
Land Use Designation, without any changes to the maximum density permitted in the Medium-High
Density Residential Future Land Use Designation.
The proposed Amendment is consistent with the goals and objectives of the Comprehensive
Plan as follows:
• Emphasizes the "concentration and intensification of development around centers of
activity" and "development of well designed communities containing a variety of uses" by
permitting Limited-Service Hotels within the Medium-High Density Residential Future Land
Use Designation. (Objective 3 FLUE);
akerman.com
45016409;1
Joanne Carr
April26,2018
Page 2
• Promotes housing diversity in a manner that avoids monotonous development by allowing
mixed-use development in the Medium-High Density Residential category.(Policy 3.2 FLUE);
• Accommodates residential development in "suitable locations and densities which reflect
such factors as recent trends in location and design of residential units; projected availability
of service and infrastructure capacity; proximity and accessibility to employment,
commercial and cultural centers; character of existing adjacent or surrounding
neighborhoods; avoidance of natural resource degradation; maintenance of quality of life
and creation of amenities."(Policy 9.3 FLUE);
• Provides a diversity of housing and construction types within the Medium-High Density
Residential category.(Policy 10.3 FLUE);
• Facilitates redevelopment of mixed use projects to promote energy conservation. (Policy
11.1 FLUE);
• Provides for "redevelopment and economic development in the City that accommodates
growth while maintaining and improving the integrity of the built and natural environment,
promotes an identifiable aesthetic urban character" within the Medium-High Density
Residential category which "maintains or improves economic vitality in order to maintain a
low municipal property tax rate."(Redevelopment Element Goal);
• Promotes the retention and expansion of existing businesses, as the Limited-Service Hotel
use will help "ensure an adequate supply of non-residential land uses to address economic
development goals, provide services and employment opportunities to existing and future
residents, and coordinate economic development, development and redevelopment goals."
(Policy 1.7 Redevelopment Element).
The Comprehensive Plan may be amended in accordance with Section 31-53 of the LDRs.
Pursuant to Section 31-53(2), please find enclosed application materials for the Comprehensive Plan
Amendment, including the Public Hearing Application for the Amendment,the filing and hearing fees in
the amount of$7,500.00 and a deposit for newspaper advertisements as required.
We look forward to presenting at the May 17, 2018 workshop. Please do not hesitate to contact
me should you have any questions related to this matter. Thank you for your consideration.
Sincerely,
AKE ,LLP
D 'f
Nei n O. Kasdin
cc: Susan L.Grant,City Manager
David M.Wolpin, City Attorney
45018409;1
Exhibit A
CITY OFAVENTURA COMPREHENSIVE PLAN
Future Land Use Element- Medium-High Density:
Medium-High Density. This category allows a range of densities from 25 to 60
dwelling units per gross acre. In this category, the height of the buildings, and
therefore, the attainment of densities approaching the maximum depends to a
great extent on the dimensions of the site, conditions such as location and
availability services, zoning, type of housing structure, the ability to provide
sufficient off-street parking, and the compatibility with and impact of the
development on surrounding areas. The type of housing structure typically
permitted in this category includes low, medium, and high-rise apartments, but
may also include single family detached, duplexes, triplexes, quadruplexes, and
townhouses and Limited-Service Hotel in combination with Multifamily
Residential Use ILSH-MFJ. Additionally,the height of the buildings and attainment
of densities appropriate transitions and buffers with the surrounding
neighborhood, and to alleviate impacts that will adversely impact service levels
and quality of life.
APPLICANT REPRESENTATIVE AFFIDAVIT
4,11),
Pursuant to Section 31-71(b)(2)(i)of the City ofAsenture Land Development Code,this Applicant Representative Affidavit S hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Oevebpmenl Permit,which's identified in the accanpanying
.application,and the sure of the property subject to the application(if different)hereby lies and identifies all parsons representing Me inavidual or wily
applying ler the Development Permit in connecter/1 with the application,as follows:
Name Relationship(i.e.Attorneys.ACNactA Landscape
Architects.Engineers,Lobbyists,Etc.)
Nelsen O. Kasdin Attorney
Marissa)R.Amuial Attorney
Cecelia Ward Planner
Bernardo Fort-Brescia/Fidel Zabik Architect
John Kim Engineer
(Mach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFEMVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR TIE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC.31-71(FORMV)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 COMPASSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS i Cra DAY OF Apel mod
AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER
By: By: 'Sifti
(Signature)°e)
Name: Name,
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(RinU
Title: The: APES/DCA/7-
Address:
PES/DC /7-Address: Adren: 2/4 E9AL S/
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STATE OFFLORIOANap )t
COUNTY OF MMMFBAOE)/deka pert.
Before me the undersigned authority personally appeared .,:.' kV 6t • - as the authorized representative of the
Applicant andor the owns of the properly subject to the application, who being fest by / duty sworn, did - _ arm that helshe
executed this Affidavit lex the purposes stated therein and that itis true and erred.
ii,anhilabit. •
AFF T
SWORN TO AND SUBSCRIBED BEFORE ME this A day of Apra , r, , .
Notary Pu„ State FNICkAltealle '•..A „
Printed Nam of Noisy fgpminSi s-Kota
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1411.1.1, BUSINESS RELATIONSHIP AFFIDAVIT*
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This Afdav*is made pursuant to Section 31-71(b)(2)(ii)of the City d Aventura Laid Development Code. The undersigned Affiant hereby discloses that
(mak wth k'applicable potions only)
PQ I. Affiant doss not have a Business Relationship with any member of the City Commission or any City Advisory Bawd to which
the application will be presenled.
( 12. Affiant hereby discloses that it Nes have a Business Relationship with a member of the City Commission or a City Advisay
Board to which the application will be presented,as follows:
(List name of Commssiier or Advisory Board Monter) who serves on the
(Lin City Commission or Ciry Advisory Board upon which member serves).
The nature of the Business Relationship s as tdlows:
11 i. Member d City Commission a Board holds an ownership interest in amiss o 1%d total assets or captal stork
of Applicant or Representative;
Hit Member of City Commission or Board is a partner,ceeharehokbr(ss to shares of a corporation which are net
listed on any national a regbal stock exchange)or feint venturer wsh the Applicant or Representative in any
business venture;
(1 iii. The Applicant a Representative is a Client d a member d the City Commission or Board a a Chem d another
professional waking hem the sane office a for the same employer as the member of the City Commission or
Board;
I 1 iv. A City Commissioner a Board member is a Ckent of the A[pkcant or Representative:
[Iv The Appfcant or Representative is a Customer of the member of the City Commission or Board(or of his ix her
employer)and transacts more than 510,000.00 of the business of the met of the City Canmissian or Bard(or
his or her employer)in a given calendar year,
I I vi. The member of the City Commission or Board is a Customer of the/ppkat or Representative and transacts
more than$25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS DAY OF 200_
APPLICANT:
By (Sgnaoe)
Name: (RNt)
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WI Ess MY HAND THIS 19 My of App 1 zgp$
PROPERTY11 NER:
By: /V/0 (Sgnatae)
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'The terns Business Relationship/ "t7kert" 'Customer,' "Appkam,' "Repesentalyve"and 'Interested Person"are defined in
Section 2-395 of the Asentaa City Code.
NOTARIZATION PROVISION
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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 intoned or
incomplete.
NOTARIZATION PROVISION
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COUNTY OF Aa✓
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WITNESS MY HAND THIS DAY OF1,2-t-4 ,20/fIEJ
REPRESEN •TIVE:(Listed on Business Relationship Affidavit)
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NOTE: 1) Use duplicate sheets if discbsure 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
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21 Applicants and At-bents 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
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ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
POLICY 2.1 OF OBJECTIVE 2 OF THE LAND USE GOAL IN THE
FUTURE LAND USE ELEMENT TO ADD LIMITED SERVICE HOTEL IN
COMBINATION WITH MULTIFAMILY RESIDENTIAL USE TO THE LIST
OF PERMITTED HOUSING STRUCTURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in December 2014; and
WHEREAS, the applicant, Granite Aventura LLC, through Application No. 01-CPA-
18, has made application to the City of Aventura to add limited service hotel in
combination with multifamily residential use to Policy 2.1 of Objective 2 of the Land Use
Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan; and
WHEREAS, the applicant, Granite Aventura LLC, through Application No.
02-LDR-18, has made concurrent application to the City of Aventura to amend Section
31-143(f)(2a) of the City's Land Development Regulations to add limited service hotel in
combination with multifamily residential use as a conditional use in the Multifamily High
Density Residential (RMF4) District, which application is contingent upon the
comprehensive plan amendment transmitted becoming effective; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan; and
WHEREAS, the City Commission believes it is in the best interest of the public to
City of Aventura Ordinance No. 2018
amend Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element
to add limited service hotel in combination with multifamily residential use; and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City and improve the quality of life for its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Amendment to the Comprehensive Plan. That Policy 2.1 of
Objective 2 of the Land Use Goal in the Future Land Use Element of the City of
Aventura Comprehensive Plan is hereby amended as follows':
"FUTURE LAND USE ELEMENT
LAND USE GOAL
Provide the best possible distribution of land use and services to meet the physical,
social, cultural and economic needs of the present and future populations of the City.
OBJECTIVE 2 •
The following land use densities, intensities and approaches shall be incorporated in
the Land Development Regulations.
Measure: Incorporation of the stated land use designations into the Land Development
Regulations.
Policy 2.1
The Future Land Use map shall identify all residential land as one of the following
Residential Land Use Categories:
' Underlined text indicates additions. Stricken-through text indicates deletions.
Page 2 of 5
City of Aventura Ordinance No. 2018-
Medium-High Density. This category allows a range of densities from 25 to 60 dwelling
units per gross acre. In this category, the height of the buildings, and therefore, the
attainment of densities approaching the maximum depends to a great extent on the
dimensions of the site, conditions such as location and availability services, zoning, type of
housing structure, the ability to provide sufficient off-street parking, and the compatibility
with and impact of the development on surrounding areas. The type of housing structure
typically permitted in this category includes low, medium, and high-rise apartments, but may
also include single family detached, duplexes, triplexes, quadruplexes, and townhouses,
and Limited-Service Hotel in combination with Multifamily Residential Use. Additionally, the
height of the buildings and attainment of densities approaching the maximum shall also be
contingent on the ability of the developer to ensure appropriate transitions and buffers with
the surrounding neighborhood, and to alleviate impacts that will adversely impact service
levels and quality of life."
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 Comprehensive Plan. That it is the intention of
the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and made a part of the Comprehensive Plan of the City of Aventura.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Economic Opportunity and to all review agencies
required by Section 163.3184 of the Florida Statutes.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
Page 3 of 5
City of Aventura Ordinance No. 2018 -
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Gladys Mezrahi
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Gladys Mezrahi
Mayor Enid Weisman
Page 4 of 5
City of Aventura Ordinance No. 2018-
PASSED on first reading this 10th of July, 2018.
PASSED AND ADOPTED on second reading this 4th day of September, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 5 of 5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Joanne Carr, AICR r�
Interim City Manage`r�-
DATE: July 5, 2018
SUBJECT: Application by Granite Aventura LLC for amendment to Section 31-21,
Definitions, of the City of Aventura Land Development Regulations to
add a definition of limited service hotel, and for amendment to Section
31-143(0(1) to add limited service hotel when combined with
multifamily residential use to the purpose statement of the Multifamily
High Density Residential (RMF4) District, and for amendment to
Section 31-143(0(2a) to add limited service hotel in combination with
multifamily residential use as a conditional use in the Multifamily High
Density Residential (RMF4) District(02-LDR-18)
July 10, 2018 Local Planning Agency Meeting Agenda Itemg 5
July 10, 2018 City Commission Meeting Agenda Item'1j$
September 4, 2018 City Commission Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Approve an amendment to Section 31-21, Definitions, of the City of Aventura
Land Development Regulations to add a definition of limited service hotel, and
2. Approve an amendment to Section 31-143(f)(1) to add limited service hotel
when combined with multifamily residential use to the purpose statement of
the Multifamily High Density Residential (RMF4) District, and
3. Approve an amendment to Section 31-143(0(2a) to add limited service hotel
in combination with multifamily residential use as a conditional use in the
Multifamily High Density Residential (RMF4) District
upon the condition that the concurrent application for amendment to Policy 2.1 of the
Future Land Use Element of the City of Aventura Comprehensive Plan, as
transmitted under Section 163.3184 of the Florida Statutes, becomes effective.
1
THE REQUEST
The applicant, Granite Aventura LLC, is requesting an amendment to the City's Land
Development Regulations to add a definition of limited service hotel, to add limited
service hotel in combination with multifamily residential use in the purpose statement
and as a conditional use in the Multifamily High Density Residential (RMF4) District.
BACKGROUND
The applicant has proposed a combined residential/limited service hotel development
on its land at the corner of NE 28 Avenue and NE 185 Street. Limited service hotel
use is currently not allowed in the Multifamily High Density Residential District
(RMF4) District. Approval of an amendment to the Definition and Multifamily High
Density Residential District is required to allow the proposed development. The
proposal also requires an amendment to the Medium-High Residential Land Use
Category in the Future Land Use Element of the City's Comprehensive Plan. The
applicant has submitted its application for amendment to the text of the
Comprehensive Plan. That application will be heard concurrently with this application
for amendment to the Land Development Regulations. Section 163.3184 provides
that zoning changes required to properly enact any proposed plan amendment may
be considered concurrently, but are contingent upon the comprehensive plan
amendment transmitted becoming effective.
The applicant has submitted its Application for Administrative Site Plan Revision
Approval and Application for Conditional Use Approval. The site plan will be
reviewed by City staff while the applications for Comprehensive Plan and Land
Development Regulation amendments are underway. Final approval of the
proposed site development is subject to conditional use approval. If the proposed
Comprehensive Plan and Land Development Regulations amendments are
approved and once all site plan review comments are addressed, the application for
conditional use approval will be presented to the City Commission at a public
hearing.
THE PROPOSED AMENDMENTS'
CHAPTER 31 — LAND DEVELOPMENT REGULATIONS
ARTICLE II. - DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 31-21. - Definitions.
Hotel shall mean a commercial establishment which provides temporary overnight
sleeping accommodations for the general public. No more than five percent of the
individual hotel units shall be occupied for more than 90 continuous days by the
same occupant of the hotel unit(the "duration of stay restriction"). It shall constitute a
' Underlined text indicates insertions. Stricken-through text indicates deletions.
2
violation of this duration of stay restriction to allow any person to attempt to
circumvent this provision by: relocating to another unit in the same hotel; or by
allowing a person to temporarily check out of the hotel and subsequently re-register
or check back into the hotel for such purpose. Principal access to all rental rooms
shall be through an inside lobby or office supervised by a person in charge at all
hours. Other typical hotel services must be offered including daily linen and maid
service, and receipt and disbursement of keys and mail by the attendant at the desk
in the lobby or office, for the occupants of the hotel. No hotel facility shall be
converted to or used as a multi-family residential dwelling. Compliance with the
restrictions, conditions or limitations set forth in this definition, shall be certified by the
receipt holder at the time of issuance and renewal of the applicable City local
business tax receipt.
Hotel. Limited-Service is a hotel use within a residential development, physically
separated from the residential use and having its own separate driveway
entrance/exit and its own separate lobby, wherein no more than ten percent
(10%) of the gross floor area is devoted to hotel amenities such as dining areas
bars, lounges and meeting rooms, excluding the gross floor area of accessory
ground floor retail and restaurant uses. The hotel use and the residential use
may be located in one building, but the hotel rooms and residential units shall be
located in separate vertical blocks.
ARTICLE VII. - USE REGULATIONS
Sec. 31-143. - Residential Zoning Districts.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide
suitable sites for the development of well-planned, environmentally
compatible medium-high density multifamily residential use and limited-
service hotel use when combined with multifamily residential
development in areas consistent with the City's Comprehensive Plan
Future Land Use Element. Densities shall not exceed 45 units per gross
acre.
(2) Uses permitted. No building or structure, or part thereof, shall be
erected, altered or used, or land used in whole or part for other than one
or more of the following specific uses:
a. All uses permitted in the RMF3 District.
b. High rise apartments.
c. Publicly owned recreation buildings and facilities, playgrounds,
playfields and parks.
d. ALF.
3
e. Uses accessory to any of the above uses when located on the same
plot.
(2a) Conditional uses. The following uses may be established if first
approved as a conditional use:
a. All uses permitted in the CF District.
b. Uses that exceed the height limitation, to a maximum height of 30
stories or 300 feet, or to a maximum height of 35 stories or 350 feet
for any property which was granted a waiver pursuant to section 3 of
Ordinance 2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling
units per gross acre.
d. For buildings that attain LEED® Gold or Platinum certification as
provided in article VI of chapter 14 of the City Code, increased lot
coverage, provided that a green roof and/or green rooftop amenities
are provided and maintained for the common benefit of building
occupants; and; that increased Florida-Friendly tree canopy and
Florida-Friendly plantings designed to calm the heat island effect are
located on site, all in an amount equal to the requested increased lot
coverage.
e. For buildings that attain LEED® Gold or Platinum certification as
provided in article VI of chapter 14 of the City Code, increased floor
area ratio.
f_ Limited-Service Hotel in combination with permitted multifamily
residential development, where the hotel is separated from the
residential use, subiect to all of the following criteria:
(i) Shall only be permitted on properties where a minimum of
two (2) sides share all or part of a common lot line with
another lot or parcel of land that is zoned Community
Business (B2) District on the City's Zoning Map: and
(H) Retail and restaurant uses shall be permitted as accessory
uses: and
(iii) Not more than 10% of the gross building area shall be
devoted to hotel amenities such as dining areas, bars and
lounges, and meeting rooms. excluding ground floor retail
and restaurant uses; and
(iv)The gross floor area of the hotel use shall not exceed 33% of
the gross floor area of the building; and
(v) Hotel rooms shall meet the criteria in Section 31-
144(c)(1)dd; and
(vi)The hotel use and the residential use may be located in one
building, but the hotel rooms and residential units shall be
located in separate vertical blocks; and
4
(vii)The hotel use shall have its own separate driveway
entrance/exit and its own separate lobby; and
(viii)The applicant shall provide transportation demand
management strategies to reduce the impact of the
development, as approved by the City Manager and City's
Traffic Enaineerinq Consultant, to reduce adverse effects to the
overall transportation network. The applicant shall provide any
right of way improvements appropriate to the subject property.
ANALYSIS
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(g) of the City Code.
1. The proposed amendment is legally required.
The proposed amendment is legally required to be consistent with the
proposed Comprehensive Plan text amendment and to implement the
requested revision to the Land Development Regulations.
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 as it will facilitate the type of combined limited service
hotel/residential development contemplated by the proposed amendment to
the Medium High Density land use designation in the Future Land Use
Element of the City's Comprehensive Plan.
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.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City, for
the reason provided in Paragraph 3 above.
5
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 and a process by which
to approve development or redevelopment of a property within the Multifamily
High Density Residential District.
6
akerman Nelsen 0.Kasdin
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami,FL 33131
T:305 374 5600
F:305 374 5095
April 26, 2018 Cc:cat r.m1'c:;:L
CITY OF AV ENTU,i,A
Joanne Carr,Community Development Director
City of Aventura 0 2018
19200 West Country Club Drive
Aventura, FL 33180 IN!T!A.L
Re: Letter of Intent-Proposed Text Amendment to Land Development Regulations
Dear Ms.Carr:
On behalf of Granite Aventura LLC (the "Applicant"), we would like to thank you for taking the
time to work with us in connection with the requested text amendments to the City of Aventura Land
Development Regulations ("LDR Amendment') and amendments to the Comprehensive Plan
(collectively the "Amendments").
As discussed, the concept of mixing residential and hotel uses within an urban area is an
increasingly popular model for development. When located near a business district and a dense
residential area this mix of uses creates a more efficient and pedestrian oriented pattern of
development. Hotel guests could stay in close proximity to residents they are visiting, offices, and retail,
as well as houses of worship. However, the City's comprehensive plan currently makes no provision for
such use in a high density residential area bordering a business district.
Applicant proposes an LDR Amendment, with a companion Comprehensive Plan amendment,
which would further this goal and permit limited service hotels subject to specific conditions and
approvals. As presented, the LDR Amendment would allow Limited-Service Hotels combined with
Multifamily Residential Mixed Use ("LSH-MF") in the Multifamily High-Density Residential Districts
("RMF-4"), only on properties that abut Commercial B-2 zoning on a minimum of two sides. See
proposed language with additional conditions attached as Exhibit A.
Application of Proposed LDR Amendment:
One Property to which this legislation could be applied is the vacant Property located at the
northwest corner of NE 185th Street and NE 28th Court (folio: 28-2203-082-0630), (the "Property"),
which was originally zoned B-2 with a future land use designation of Business and Office.Applicant owns
the Property, which is located just south of the retail center containing Mo's Bagels, Addison House,
Miller Paint and other commercial uses. The Property is east of Walgreens and directly east of the "Cabi
Site" (located at 2777 NE 185th Street), which was recently approved for office and retail use. The
akerman.com
45014107,1
Joanne Carr
April 26,2018
Page 2
Property also abuts Aventi townhome complex, Terzetto Villas, and Gateway Centre offices, and is catty-
corner to the Lubavitch Aventura South Chabad Synagogue("Synagogue").
The Applicant originally obtained approvals for a high-end residential condominium
development. However, based on market changes and in light of the major office development
approved to be built directly west of the Property, a modified development plan containing residential
and a Limited-Service Hotel would be most appropriate. Both uses are in demand and would be valuable
additions to the City.
A Limited-Service Hotel in conjunction with residential units would allow for the redevelopment
of the Property to serve the immediate community and neighboring Synagogue. The growing
community could utilize both aspects of hotel and residential, which would also benefit the surrounding
area. Further, the mixed-use would be complementary to the neighboring office use. The Property is a
prime location for a mixed-use project, as it sits just south of existing retail and commercial uses, just
east of Walgreens and the Cabi Site, and adjacent to a growing and vibrant Synagogue.
Standards for Reviewing Proposed Amendments to LDRs
Section 31-77(g)describes the standards for reviewing proposed amendments to the text of the
LDRs. The proposed LDR Amendment meets the criteria as described below. The standards are listed
below in bold and underline text, with responses following each criteria in plain text.
J1)The proposed amendment is legally required.The proposed LDR Amendment is required
to be consistent with corresponding Comprehensive Plan text amendments.
12)The proposed amendment is consistent with the goals and obiectives of the
Comprehensive Plan.The proposed LDR Amendment is consistent with the goals and
objectives of the Comprehensive Plan because the LDR Amendment:
• Emphasizes the "concentration and intensification of development around centers of
activity" and "development of well designed communities containing a variety of uses" by
permitting Limited-Service Hotels on sites abutting B-2 on minimum of two sides.
(Objective 3 FLUE);
• Promotes housing diversity in a manner that avoids monotonous development by allowing
mixed-use development in the Medium-High Density Residential category.(Policy 3.2 FLUE);
• Accommodates residential development in "suitable locations and densities which reflect
such factors as recent trends in location and design of residential units; projected availability
of service and infrastructure capacity; proximity and accessibility to employment,
commercial and cultural centers; character of existing adjacent or surrounding
neighborhoods; avoidance of natural resource degradation; maintenance of quality of life
and creation of amenities."(Policy 93 FLUE);
• Provides a diversity of housing and construction types within the Medium-High Density
Residential category. (Policy 10.3 FLUE);
2
Joanne Carr
April 26,2018
Page 3
• Facilitates redevelopment of mixed use projects to promote energy conservation. (Policy
11.1 FLUE);
• Provides for "redevelopment and economic development in the City that accommodates
growth while maintaining and improving the integrity of the built and natural environment,
promotes an identifiable aesthetic urban character" within the Medium-High Density
Residential category which "maintains or improves economic vitality in order to maintain a
low municipal property tax rate."(Redevelopment Element Goal);
• Promotes the retention and expansion of existing businesses, as the Limited-Service Hotel
use will help "ensure an adequate supply of non-residential land uses to address economic
development goals, provide services and employment opportunities to existing and future
residents, and coordinate economic development, development and redevelopment goals."
(Policy 1.7 Redevelopment Element).
13)The proposed amendment is consistent with the authority and purpose of the LDR.
Pursuant to Section 31-2 of the LDRs,the purpose of the LDRs is as follows:
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. Further, the LDRs are adopted in
order to foster and preserve public health, safety, comfort and welfare, and to aid in
the harmonious, orderly, and progressive development and redevelopment of the
City. It is the intent of these LDRs that the development process in the City of
Aventura be efficient, in terms of time and expense; effective, in terms of addressing
the natural resource and public facility implications of proposed development;
equitable, in terms of consistency with established regulations and procedures, and
show respect for the rights of property owners, and the consideration for the
interests of the citizens of the City.
The LDR Amendment is consistent with the purpose of the LDRs because it furthers the
implementation of the Comprehensive Plan by furthering the goals and objectives of the
Comprehensive Plan as stated above. Moreover, the LDR Amendment is consistent with the
purpose of the LDRs because the proposed amendments preserve progressive development of
the city, making the development process in the City more efficient, effective and equitable.
The proposed LDR Amendment establishes regulations, procedures and standards for review
and approval of Limited—Service Hotel development within the RMF-4 zoning district,
permitted only on properties that abut Commercial B-2 zoning on a minimum of two sides and
which are:
• Subject to Conditional Use Review and Approval by the City Commission
• Subject to Compliance with Use and Design Criteria
• Subject to Implementation of"Traffic Mitigation" measures
3
Joanne Carr
April 26, 2018
Page 4
14)The proposed amendment furthers the orderly development of the City.The proposed
Amendment furthers the orderly development of the City in the following ways:
• Provides the opportunity for a Limited-Service Hotel within the RMF-4 zoning district
without any changes to current permitted dimensional standards,floor area ratios,
applicable parking standards,and maximum density.
• Provides design criteria to ensure preservation of the residential zoning designation.
o Not more than 10%percent of the gross building area shall be devoted to hotel
amenities such as dining areas, bars and lounges,and meeting rooms,excluding
ground floor retail and restaurant uses.
o The gross floor area of the hotel use shall not exceed 33%of the gross floor area of
the building.
o Limited-Service hotel only permitted on properties where a minimum of two (2)
sides abut a parcel that is zoned Commercial B-2.
• Provides the opportunity for the location of a Limited-Service Hotel mixed use development
within close proximity to a house of workshop, such as the existing orthodox Synagogue,
which relies on reasonable walking distances.
• Provides traffic mitigation measures to improve the opportunity for use of alternative
modes of transportation within the City.
JS)The proposed amendment improves the administration or execution of the
development process.The proposed LDR Amendment improves the administration of the
development process by including the requirement for Conditional Use review and approval by
the City Commission for proposed Limited-Service Hotel mixed use development in the RMF-4
zoning district.
4
Joanne Carr
April 26,2018
Page 5
Reduction in Hotel Units and LEED Certification:
We presented at the City Commission Workshop on February 16, 2017 and again on March 22,
2018. Applicant originally anticipated approximately 200 hotel units and 200 condominium units on the
Property. Based on initial feedback of the commission, we lowered the hotel count to 180, and agree to
lower up to another 10 hotel units. Further,Applicant will ensure that the proposed project will be LEED
certified.
Public Benefit:
The proposed LDR Amendment will allow the transformation of a long vacant and underutilized
parcel in a prominent location of the City into a highly valued and iconic development, and will serve to
fill a need for high-quality residential development and hotel accommodations suitable for families and
their visitors, particularly near the neighboring Synagogue, which will promote and enhance the
pedestrian environment.
Voluntary Proffer:
To mitigate impacts of additional high school students that may be generated by the future
development of the Property, Applicant agrees to voluntarily proffer a $1 million contribution towards
the proposed Aventura High School (A.K.A. Don Soffer Aventura High School), at time of conditional use
approval for a project at the Property containing both residential and hotel use. Payments would be
made in installments over two(2)years at such time that a building permit is issued for such project.
5
Joanne Carr
April 26,2018
Page 6
Workshop and Application Materials
Please find enclosed application materials for the LDR amendment, including the Public Hearing
Application for the Amendment,the filing and hearing fees in the amount of 57,500.00 and a deposit for
newspaper advertisements as required. We look forward to presenting at the May 17, 2018 workshop.
Please do not hesitate to contact me should you have any questions related to this matter. Thank you
for your consideration.
Sincerely,
Al ,LLP
If
Nelsen 0. Kasdin
cc: Susan L. Grant,City Manager
David M. Wolpin,City Attorney
6
Exhibit A
ARTICLE II. - DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 31-21. - Definitions.
Hotel shall mean a commercial establishment which provides temporary overnight sleeping
accommodations for the general public. No more than five percent of the individual hotel units
shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the
"duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to
allow any person to attempt to circumvent this provision by: relocating to another unit in the
same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re-
register or check back into the hotel for such purpose. Principal access to all rental rooms shall
be through an inside lobby or office supervised by a person in charge at all hours. Other typical
hotel services must be offered including daily linen and maid service, and receipt and
disbursement of keys and mail by the attendant at the desk in the lobby or office, for the
occupants of the hotel. No hotel facility shall be converted to or used as a multi-family
residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this
definition, shall be certified by the receipt holder at the time of issuance and renewal of the
applicable City local business tax receipt.
Hotel, Limited-Service is a hotel use within a residential building, physically separated from the
residential use, wherein no more than 10% percent of the gross floor area is devoted to hotel
amenities such as dining areas, bars, lounges, and meeting rooms, excluding the gross floor area
of accessory ground floor retail and restaurant uses.
ARTICLE VII. - USE REGULATIONS
Sec.31-143. -Residential Zoning Districts.
(1) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide suitable
sites for the development of well-planned, environmentally compatible medium-high density
multifamily residential use and limited-service hotel use when combined with multifamily
residential use [LSH-MFI, in areas consistent with the City's Comprehensive Plan Future Land
Use Element. Densities shall not exceed 45 units per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific uses:
f. Limited-Service Hotel in combination with Multifamily Residential Use housed in the
same building (LSH-MF), physically separated from the residential use, subject to the
following criteria:
1. Use and Design Criteria:
i. Shall only be permitted on properties where a minimum of two (2) sides
share all or part of a common lot line with another lot or parcel of land that
is zoned Community Business (B2)District on the City's Zoning Map.
ii. Retail and restaurant uses shall be permitted as accessory uses.
iii. Not more than 10% of the gross building area shall be devoted to hotel
amenities such as dining areas, bars and lounges, and meeting rooms
excluding ground floor retail and restaurant uses.
iv. The gross floor area of the hotel use shall not exceed 33% of the gross
floor area of the building; and
v. Hotel rooms shall meet the criteria in Section 31-144(c)(1) dd.
2. Traffic Mitigation Criteria: A LSH-MF mixed use project shall incorporate traffic
mitigation measures, appropriate to the subject property which may include the
following:
i. Provide an annual contribution to the Aventura City Express Bus service
which may be used for an on-site stop for the bus-
ii. Provide public transit vouchers for employees to accommodate trips to and
from the subject property.
iii. Improve sidewalk conditions abutting the property to promote walkability
and enhance pedestrian experience
iv. Improve sidewalk conditions and connectivity to and from a house of
worship located within 'G mile or less of the subject property
v. Provide on-site parking spaces to facilitate a car ride-sharing program.
vi. Provide bicycles on-site for use by guests, visitors, and residents
vii. Sponsor a city bicycle sharing parking station near the subject property-
viii.
ropertyviii. Provide on-site Mobility Coordinator to coordinate the use of bikes and
car sharing, and to provide information explaining mobility options-
ix. Provide on-site Mobility Kiosk with information explaining mobility
options
x. Provide right-of-way improvements appropriate to the subiectproperty.
® APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71(bg2)ti)of the City of Aventura Land Development Col,this Applicant Representative Affidavit u hereby mal and
submitted. The undersigned authorized representative of the individual a entity applying fa the DevNopnent Permit,which is identified in the accompanying
applicalat and the caner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity
applying fa the Osvaopmwn Permit in conredbn with the application,as follows:
Name Relationship p,e.Attorneys,Architects.,Landscape
AmNlMs,Engineers.Lobbyists,ElC)
Nelsen 0. Kasdin Attorney
Marissa)R.Amuial Attorney
Cecelia Ward Planner
Bernardo Fort-Brescia/Fidel Zabik Architect
John Kim Engineer
(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(3I(2)(1V)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE.IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE GTY BOARD OR COMMISSION, THE INFORMATION
PROVIDED M THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS I¶ .DAY OF 1 2(108
AUTHORIZED REPRESENTATIVE OF APPLICANT' OWN:+i
By: B /ilie►i
Name: (Signature) Name' (5", J
,'„M (i-2DSs
(Print/
Tip st�JE,uTitle: TS:
Address: Address: Qy6 T,) 39' Sfa f 5;44,4 or,tvo
Ne.; i(eK tin; roofs.
STATE OFFL6RIDANN
COUNTY OF IttfAxejl..
Before me the undersigned authaity personally appeared I;A9.2J A&o c. (- the authorized -• =-. alive of the
Applicant andlw the owner of the property subject to the appkcalion, who being first by me du, sworn, did sw -. affirm that hdshe
executed this Affidavit for the purposes stated(herein and that itis We and correct.
dui
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AFFNyT
SWORN TO AND SUBSCRIBED BEFORE ME this Lily of Anil! .20011c2n
r any bit of Rside#Lage
Printed Name of al.74-e nrf Aa' u-^4
My commission expires: )One- 5.L.O r S
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BUSINESS RELATIONSHIP AFFIDAVIT*
This Alfdavi is made pursuant to Section 31-71(b)(2)(5)of the City of Aventura Laid Development Code. The undersigned Affiant hereby dscoses that
(nark win':applicable paibns ally)
N1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advsoy Board to which
the application will be presented.
I I2 Affiait hereby discloses that it Goes have a Business Relationship with a member of the City Commission or a Cdy Advisory
Board to Mich the application will be presented,as follows:
(List nn d Commissioner or Advisory Board Member) who saws on to
(List City Canmssbn or Ca Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
I I i. Member of City Commission a Board holds an ownership interest in excess d 1%d total assets or capital stock
of Applicant or Rep esenisive;
I)ii. Member of City Commission or Boards a paha,co-shareholder(as to shares of a corporation Miro we not
listed on any national or regional slack exchange) or joint venturer with the Applicant or Representative in any
business venture;
(]iii. The Applicant a Representatives a dent of a member d The City Canmssbn or Board or a Client of anther
professional wabng from the sane office or for the sane employe as the member of the City Commission or
Board;
I J iv. A City Commissioner or Board member is a Client d the Applicant o Representative;
I1 v The Applicant a Representative s a Customer of the member d the City Commission or Board(or of his a her
employer)aid transacts more than$10,000.00 of the business of the member of the City Commission or Board(a
his or her employer)in a given calendar year;
I]W. The member of the City Cammssbn a Board s a Customer d the Applicant a Representative and transacts
more then$25,000.00 of the business of the Applicat or Representative in a given calendar year.
WITNESS MY HAND THIS DAY OF 200_
ARROGANT:
By (*nature)
Name (qct)
Titer: (Pelt)
ITNESS MY HAND THIS 194-DAY OF AP rt 1 201/
PROBE-0 OWNER:
eye
trielsea
(Sig anre)
Nana: IllUZS/Lb' • (Print)
Tina 11S11l16T21 (Print)
We germs Business Relationship.' "Client" 'Customer," Aaptant" Re.resenalive'and 'Interested Person"are defined in
Section 1395 of the Aventura City Code.
•
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STATE OF FLORIDA )
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STATE OF FLORIDA ) ---
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mewed this Affidavit for the purposes aeted herein and that it u true and cad. ng brit by me duly warn.Wdawru arm Mlre46e
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WITNESS MY hAND THIS LU DAY DF 'p I I 41
REPRESENTATIVE:(Listed i Business Ren
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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.
STATE OF FLORIDA ) NOTARIZATION PROVISION
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mewed this Affidavit for Ilse purposes Staled therein and that i is Vire and erect
BLEILANYIL SAN
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executed Mrs Ardent for the purposes Mated therein and that ills true and correct
AFFIANT
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WITNESS MY HAND THIS DAY OF-1-4219-4-A b
REPREs�I :(Listed an :usiness Rel. ..• •p Affidavit)
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Title: (Pinel Title: (Riot
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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) ger-}. r-�-a/t Pe(7�r�,�
Before me.the undersigned attivky.personally appearet�"w'I 09136'sd•e tlg Affiant w..being first by me duty sworn,did swear a affirm Cat he/she
executed this Affidavit for the purposes Mated Chen aid that it is Otte and correct
A. -NT
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STATE Of FLORIDA )
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Printed Name of Notary `21 1@
My commission expires': '10
STATE OF FLORIDA )
COUNT),OF MIAMI-DADE)
Before me,the urdertared authority,personlYty appeared the Affiant,who being first by me duly sworn.dd swear or affirm that he/she
executed thisASda1I for the purposes stated then n and that it is Cue and correct.
AFFlANT
SWORN TO AND SUBSCRIBED Sebe me this _day of_.-- 200_
Notary Pubic Stele of Florida N Large
Rind Nana of Notary
My tawnesiai expires:
STATE OF FLORIDA ) — —�---- - _ ---
COUNTY OF MIAMI-DADE)
Bebe me,the undersigned authority,personally appeared the Agent who berg first by me duly swan,did swear or aWnt that he/she
executed the Affidavit for the purposes stated thaen and that ft is Cue and correct
AFFIANT
SWORN TO MO SUBSCRIBED before me this day of_ 200_
Notary Pudic Stated Fbrda N Wye
Printed Nana of Noblry
My commission expires:__ _.
WITNESS MY HAND THIS DAY OF 200_
REPRESENTATIVE:(Listed on Business Relationship Affidavit)
IV
By: ` `"` (Signature) By: (Signature
Name: JOMea K/A'1 Mann Name: (Print)
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Name: (Print) Name. (Ainr)
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By: (Sgnatu-e) By: (Signature
Title: (Pmt) Title: (Pmt)
Title: (Poor/ Title: (Poo)
By: (Sgmture) By: (Signature
Title: (PmQ The: (Pmt)
Title: (Print) Title: (Print)
By' (Signature) By: (Signature
Tiue: (Pmt) Title: _(Flint)
Title: (Pine) Tiue: (Pane)
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)(2giv)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.
NOTARIZA]ION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAM-DADE) /� //
Belie me Me undersigned authority,personally appeared l M the Marti who being MI Ur me duly swan,Oq swear of affirm that belle
executed this AlfdaA la the purposes staled Moven and that it a true afQlwrec /�
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__My Comm.Expires May 14.209
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My comonswon expires s//y/,8
STATE OF FLORIDA ) - -_ - - ---
COUNTY OF MIAMI-DADE)
Before ma the undcrvryhsd authority,persaylly 9peaed_ __. _the AMst who being first by me duly sworn,did swear a aIm that hashe
aenlbd this Affidavit or Me purposes staled therein and Mal tis we and conal.
AFFIANT
SWORN TO AND SUBSCRIBED babe me tris. day of _ 200_
Notary Public State of Florida AL Lags
Pinned Name of Notary
My commission e*es:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned aMaily.personally appeared _ the Mars who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit herein a
r the purposes slated herein that d is true and coned
AFFIANT
SWORN TO AND SUBSCRIBED babe me this_day of_ _200_
NotaryPublic Spee of Fbaa At Lame
Panted Nate of Notary
My commission expires:
STATE OF FLORIDA ) __-_.--
COUNTY OFMIAMI-DADE)
Belpre me,the undersigned salary.pesmlly appeared the Mani,no Peng first by me duh sworn.did swear or affirm dial hashe
executed this Affidavit&the purposes slated therein and theta is The and caret.
AFFIANT
•
SWORN TO AND SUBSCRIBED before me this_ by of _ _.200_
Notary Pubic Stem of Rola Al Large
Pitted Named Notary
Mymmmtewn expires.- __.
ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-21,
DEFINITIONS, AND BY AMENDING SECTION 31-143(F)(1) AND
SECTION 31-143(F)(2A), MULTIFAMILY HIGH DENSITY RESIDENTIAL
(RMF4) DISTRICT, TO DEFINE AND ADD LIMITED-SERVICE HOTEL
USE IN COMBINATION WITH MULTIFAMILY RESIDENTIAL
DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant, Granite Aventura LLC, through Application No. 02-
LDR-18, is requesting an amendment to Section 31-21 "Definitions" and Section 31-143
"Residential Zoning Districts" of Chapter 31 "Land Development Regulations" of the
Code of Ordinances ("City Code") to define and add limited-service hotel use in
combination with multifamily residential use in Section 31-143(f)(1) and Section 31-
143(f)(2a); and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-143 of the City Code to add limited service hotel use in combination with multifamily
residential use is 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 hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has reviewed the proposed amendment, and
finds that it is in the best interests of the public to amend Sections 31-21 and 31-143 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:
City of Aventura Ordinance No.2018-
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. Section 31-21 "Definitions" of Article II of
Chapter 31 "Land Development Regulations" and Section 31-143 "Residential Zoning
Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development
Regulations" of the City Code are hereby amended to read as follows':
CHAPTER 31 —LAND DEVELOPMENT REGULATIONS
ARTICLE II. - DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 31-21. - Definitions.
Hotel shall mean a commercial establishment which provides temporary overnight sleeping
accommodations for the general public. No more than five percent of the individual hotel
units shall be occupied for more than 90 continuous days by the same occupant of the hotel
unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay
restriction to allow any person to attempt to circumvent this provision by: relocating to
another unit in the same hotel; or by allowing a person to temporarily check out of the hotel
and subsequently re-register or check back into the hotel for such purpose. Principal access
to all rental rooms shall be through an inside lobby or office supervised by a person in
charge at all hours. Other typical hotel services must be offered including daily linen and
maid service, and receipt and disbursement of keys and mail by the attendant at the desk in
the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or
used as a multi-family residential dwelling. Compliance with the restrictions, conditions or
limitations set forth in this definition, shall be certified by the receipt holder at the time of
issuance and renewal of the applicable City local business tax receipt.
Hotel, Limited-Service is a hotel use within a residential development, physically
separated from the residential use and having its own separate driveway entrance/exit
and its own separate lobby, wherein no more than ten percent (10%) of the gross floor
area is devoted to hotel amenities such as dining areas, bars, lounges and meeting
rooms, excluding the gross floor area of accessory ground floor retail and restaurant
uses. The hotel use and the residential use may be located in one building, but the
hotel rooms and residential units shall be located in separate vertical blocks.
ARTICLE VII. - USE REGULATIONS
Sec. 31-143. - Residential Zoning Districts.
(0 Multifamily High Density Residential Districts (RMF4). The following regulations shall
apply to all RMF4 Districts.
' Underlined provisions constitute proposed additions to existing text. Striketivough provisions constitute proposed
deletions to existing text.
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City of Aventura Ordinance No. 2018-
(1) Purpose of districts. The purpose and intent of this district is to provide
suitable sites for the development of well-planned, environmentally compatible
medium-high density multifamily residential use and limited-service hotel use
when combined with multifamily residential development in areas consistent
with the City's Comprehensive Plan Future Land Use Element. Densities shall
not exceed 45 units per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. All uses permitted in the RMF3 District.
b. High rise apartments.
c. Publicly owned recreation buildings and facilities, playgrounds, playfields
and parks.
d. ALF.
e. Uses accessory to any of the above uses when located on the same plot.
(2a) Conditional uses. The following uses may be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
b. Uses that exceed the height limitation, to a maximum height of 30 stories
or 300 feet, or to a maximum height of 35 stories or 350 feet for any
property which was granted a waiver pursuant to section 3 of Ordinance
2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling units
per gross acre.
d. For buildings that attain LEED® Gold or Platinum certification as provided
in article VI of chapter 14 of the City Code, increased lot coverage,
provided that a green roof and/or green rooftop amenities are provided
and maintained for the common benefit of building occupants; and; that
increased Florida-Friendly tree canopy and Florida-Friendly plantings
designed to calm the heat island effect are located on site, all in an
amount equal to the requested increased lot coverage.
e. For buildings that attain LEED® Gold or Platinum certification as provided
in article VI of chapter 14 of the City Code, increased floor area ratio.
f. Limited-Service Hotel in combination with permitted multifamily residential
development. where the hotel is separated from the residential use
subiect to all of the following criteria:
(i) Shall only be permitted on properties where a minimum of two (2) sides
share all or part of a common lot line with another lot or parcel of land that
is zoned Community Business (B2) District on the City's Zoning Map; and
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City of Aventura Ordinance No. 2018-
jii) Retail and restaurant uses shall be permitted as accessory uses; and
(iii) Not more than 10% of the gross building area shall be devoted to hotel
amenities such as dining areas, bars and lounges, and meeting rooms
excluding ground floor retail and restaurant uses; and
fiv)The gross floor area of the hotel use shall not exceed 33% of the gross
floor area of the building; and
(v) Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd; and
(vi) The hotel use and the residential use may be located in one building
but the hotel rooms and residential units shall be located in separate
vertical blocks; and
jvii) The hotel use shall have its own separate driveway entrance/exit and
its own separate lobby; and
(viii) The applicant shall provide transportation demand management
strategies to reduce the impact of the development, as approved by the
City Manager and City's Traffic Engineering Consultant, to reduce adverse
effects to the overall transportation network. The applicant shall provide
any right of way improvements appropriate to the subject property.
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
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
the Comprehensive Plan Amendment filed under Application No. 01-CPA-18, as
transmitted to the Florida Department of Economic Opportunity, becoming effective
under the provisions of Section 163.3184 of the Florida Statutes.
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City of Aventura Ordinance No. 2018-
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Gladys Mezrahi
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Gladys Mezrahi
Mayor Enid Weisman
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City of Aventura Ordinance No.2018-
PASSED on first reading this 10th of July, 2018.
PASSED AND ADOPTED on second reading this 4th day of September, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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