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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, 5-5 (RinU Title: The: APES/DCA/7- Address: PES/DC /7-Address: Adren: 2/4 E9AL S/ aeesdit#Zt . /0e00 Ye/ /1/Y ;Qo/g 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 My commission moires: —Wilt St Zorn 8 5 1411.1.1, BUSINESS RELATIONSHIP AFFIDAVIT* A� 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$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 200_ APPLICANT: By (Sgnaoe) Name: (RNt) The: (Print) +� WI Ess MY HAND THIS 19 My of App 1 zgp$ PROPERTY11 NER: By: /V/0 (Sgnatae) Nae: ,!'TSI o f Tone: 1,2 (Pent) 'The terns Business Relationship/ "t7kert" 'Customer,' "Appkam,' "Repesentalyve"and 'Interested Person"are defined in Section 2-395 of the Asentaa City Code. NOTARIZATION PROVISION STATE Cf FLORIDA ) COUNTY CF MIWM-DADE) Bebe me,the slogged a t.a4 peas*appeared 14 APPY‘R[SS ,m.we Ding Ilat by me • did Near n albm that hate mewed Itis AWNS'for the pupeses steed Men ad that ills flue and cmart. oA FI SWORN TO AND SUBSCRIBED Delle me this 19 UBday d * Aprn� ,201 41111 NaYry... SDWoRNIi Ml0.-11W1"Sr �u;^4fl * I ,ltEr.a r_-N1 - PMMd Name of NOWy -,v My'4nwesiol expires: June $s20 TQ " a e _ ;i6, 2RI STATE OF FLORIDA ) COUNTY OF 1.110,11-DADE) Bebe me the undersigned aAAare Personally appeared the Affiant)sen being first by me duly scap did seer a&km that MNM ®gated Itis ARdail Ute paµnes staled Nardi and that it b bueand camel AFFIANT SWORN TO AND SUBSCRIBED bebre me Mb day of 2118_ Nary RAPP S S of nodes W large Rind Named Nary My mmmbaon wires: STATE OF FLORIDA ) CanTY OF MIAMI-DADE) Before me M undersigned suthaity,peiemaly appeared the Mart My Dein fila(by n day saran,did mar or albm that heishe executed the Affidavit tithe pnpoess steed Mere*end tha l a flue and cared AFF1ANT SWORN TO AND SUBSCRIBED before me this day of 2W_ NaayJMMOSloe d Flats Al Large Printed Nona a Notary My mpMNm spirt STATE OF FLORIDA ) COUNTY 6 MIAMII-DODE) Bebe n.M undersigned Mhaiy,pesmely appeared the Abut We being first by me day sert did swear a slim thS hdahe executed this Mdw for Me purposes abed therein and that is flue and Dant AFFIANT SWORNTO AND SUBSCRIBED beide me this day of 200_ Nary Pubic Sale of Florida At Large Printed Named Nasty My mmmissim aspires: ..-- WITNESS MY HAND Trus 211"-DAY OF fen-r-1.— 29142 REPRESENTATIVE:RE ' (Listed on Business Relationship AffiAffidavit)davi By'.( � °"2) _c / (Sgnature) By. (Sgnature /'1�T Name:Leila it/btu(Print) Name: __. (Pont) 110witcs,O Crr• pm) Tdle:_ _ IPn !) yt' CCAt'S✓(�-nWc. Lr -0-Lc.. By1XPV"'^'. X /Signature) By: _ (Signature Name:tAallyieg Name: (Pmt) Tttle: ' t t _Peng Me: _ (A*N) By: ( 1\1 . � _ (Signature) By: (Signature Name: t 11.:" 'IA pin Name: (Print) Title: (Ping Title--__ (Pmt) By: (Snature) By: (Signature Title: (Pmt) Title: _ (Pmt) Title. (Pont) Title' (Ping By_ _ (Signature) By. (Signature Tele. (Pring Tele. '_ (Pmt) Tele: (Print) The. (Point) By. (Signatu2) By: (Signature It (Print/ Title: (Print) Tele: (Peng Tele. (Pring 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 STATE OF FLORIDA ) COUNTY OF Aa✓ eme,aM CLTCGfLiO M/ S-wibSi h.pasoraly a4PbusE - _ Me Mart*to bend firs)h me dnh worn dal swearer aNnn eat Nestle executed this NFaetr Ne masses Sled therein ed Mal bueatlmLett ��/Asi ��II ` A AMR M SWORN TO AND SUBSCRIBEDNAYe me this 20 day ocl E0yy pII 2010 \\\\ I" :' ERICA! _ s,q Fut" PWt 12 OF Igm;B Mmpmd NmsamoleNPaay ee r'TnfvC : -.� 19 STATE OF FLORIDA ) --- - - - —.--_ COUNTY OF MMM-0ADE) �y-� Beide me the undersigned authority.personally appeared P'Hg.I_ T Admit who being first by me duly sawn.EN swear or Arm Ma bMM mewled IMAMS la ore purposes stored therein aid Nails true and correct. _ I•.r..:". FUER/REYLL&RL NYCI:3141 NNIFF91BE9 SWORN TOMO SUBSCRIBED before melba��my of �\ )93ae Ca - hJ w'r 9 MSRMlhialY �' A T •-Med Name ad Notay My commission em:ed�='�1.�‘Cr:N STATE OF FLORIDA ) ---- - -_ -- - COUNTY OF MIMWOADE) 1�l`l I/A/y1 Beide me the undersigned aitady,pesoneyy agwed{tC 'Y1_the ARWq/ be first by me duly Tuvn,dq sear a alis Net'Se executed this Affidavit N Me purposes stelae tlers either A is Ind and caned. __ __ ---- BLISLNEYR _ IRCOMI8pNIFF 19986! AFFIANT _r- E1 :Dlpantw21,2019 'Pt 9: Bend T1nMYIPIAbUllerba SWORN TO MID SUBSCRIBED before ere 0142,73:14 of Ailpr'j -aOr - 1,1 1/1 ^-8 . Sean h"L led NameodNotary My ssmrmaim espies.i STATE OF FLORIN ) --- -- _— --- —_-- COUNTY OF MAMIMDE) Before me Te undersigned aMaily,personally appeared Te Alfant who being first by me duly sworn did sweet a Amt Tal MAN I needed Ts ARMS'VIMmimeses stated bared and that is bye and onionL AFFIANT SWORN TO AND SUBSCRIBED beide me Ne Myer Nosy Pubic State of Rada N Lage Printed Name at Notary My commission expires._ _.. _. WITNESS MY HAND THIS DAY OF1,2-t-4 ,20/fIEJ REPRESEN •TIVE:(Listed on Business Relationship Affidavit) Byt4�y . �i ...al/ -. . ure) By: (Signature O N. . 8 (Pring Name: (Pant) Title: PrNCI PPLV (Pnn) Tile: (Pmt) By: " ""' — (5aynamre) By: (Suture Nam : fR1 $114-- (Prim) Name: (Prix) npe: VJGE pfesll'r (Ring Tele: (Print) By: (Sgnature) By: (Signature Name: (Pint) Name • (Print) Tide: (Print) Tile:_ (Pitt) By: (Signature) By: (Sgtature Title: (Prix) Title: (Prix) Title. (Pm) Title: (Pmt) By: (Signature) By: (Signature Title: pro) The: (Pmt) Title: (Frit) The: (Pint) By: (Signature) By: (Sgnature Title: (Rim) Title: (Rim) Title: (Pmt) Tide: (Prmy 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 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) &Yea° Before me,the undersigned authmry,person*appwad-WOO:/✓N 1 the giant.who.. .first by me duty van did swear or affirm that haste mewled this ANdatnt far the purposes shed therein and that itis true and erect X ------ ---,„... kw SWORN i09 �, k a.- A > 1NeIi M'PCOR 9&ONt FF 1X329 EXRin Nsay erg uskero8 !. fbtleaNrvlMaty Rearrwrye ►.•_ +a '. , ' Mane_ . , Ported Name of Notary QQ ,V�11[0./�•�'^� My amcwm eapaetSJl is, STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE) a,.,.� ZI � Before me,We undersigned authority,personally apperedf-AP _ 'w - the AMant etc being first by me duly sworn.dd swear Or afrm that he/she Affidavit Ivs fa the purposesstaled therein and that it rs true and anent 1 x GA&M5ASydqf�e��1X329 fir daY ue_l. 1��y�yyyy "P#;_Botmllbu MggYlkt�bnLw� �e��.t ary Mycodmaeen res: 2 My commission mpres�. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undersigned authority,persdnaly appeared _the Milani,who being first by me duly swan,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that itis bee and mrrmt AFFIANT ._ SWORN TO AND SUBSCRIBED benne me Nis day of Na ry Pubic State of Ronda At gage- Printed Name of Notary My commissar expires: STATE OF FLORIDA J -- —_--- ----- COUNTY OF MIAMI-DADE) Before me,the undersigned authority,perseally appeared _ the ANant who being first by me duty swan.dM swear or affirm Nal he/she executed this Affidavit for the purposes slated Pierer and that R is hue and erect AFFIANT SWORN TO AND SUBSCRIBED before me Nis- day of _ „ -,100_ Notary Public Stab of Fbrda At Lige Printed Name of Notary My=mission eapnes:__ WITNESS MY HAND THIS DAY OF 200 . REPRESENTATIVE(Listed on Business Relationship Affidavit) By: ��,gnature) By: (Sgrrature Name: ,)otN.+ Y. Ftal print) Name: (Print) Tills' Srt. p&O.)6cr$IM A4S2(Pact) Title' (Pair) By: (Signature) By: (Sgnature Name: (Print) Name: (Print) Tale: (Hint) Title: (P'S) By: (Sgnature) By: (Signature Name: (Print) Name: (Rind The: (Print) Title: (Print) By: (Sgnature) By: (Signature Title: (PybH) Tdle: (Ptd Ttle: (Pock) The: (PnnU By: (Signature) By: (Signature Title: (PM° Title: (Print) Title. (Print) Title:_ (Fund By' (Signature) By: (Sgnature Ttle: (Print) Tide: (Print) Tine: (Pena Tale: (Pink) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 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 STATE OF FLORIDA I COUNTY OF MIAMI-DADE) Before me.the undersignedauthority.personally appeared A•446%-• the Mani who bevg first by me duly son,dei swear Cf affirm that ha'Jle executed Ns Affidavit&the purposes skied herein awl that I is he cared. AFFIAQ —T_ =,,s•AR44,4atdr 1puW,\ day of M (zt42•m My Comm.Expires May ,2018,, 19 Assn nr P --. _ — My co Names apes _J /(O My mmarie SNo as G STATE Cf FLORIDA ) COUNTY OF MIAMI-0ADE) [Sabre me,me undersigned aubdnty,persons appear ed, _ me ANanL who being first by me duly swan,dig swear or affirm that heishe executed th's Affidavit for the purposes slated therein and that it is true and coned. AFFIANI SWORN TO AND SUBSCRIBED btre me is day of__ 200_ Nary Public Stele of Rata Ma At Large Pnnted Named Notary My commission aspires. STATE OF FLORIDA ) - --- _ COUNTY OFMAMI-DADS) Before me,the undersgned authority,personally appeared the AIMnt,who be$first by Me duly mom.did swear Of affirm that h&sbe ereasad this Affidavit ear the purposes slated Merin and that it is bue and earn AFFIANT SWORN TO AND SUBSCRIBED before me Os day of__ 200_ Ntarry Public Stile of ROOM Al Lame Pooled Nerve of Notary My mVwl5Sm expires: STATE OF FLORIDA ) COUNTY Of MIAMI-DADE) Before me.the undersigned authority,personally appeared the Alfons who being first by me duly sworn.OR sera affirm Owl h®hhe esmled the Affidavit Some purposes Paled therm and elate is tme end correct AFFIANT SWORN TO AND SUBSCRIBED bete meta day of _200_ Nnry Relic Sleet Florida At Large Printed Name of Notary My a nmissea expires._— —. 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 Illy 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 K-. 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. • sraTF a FLORIoa ) NOTARIZATION PROVISION COUNTY OF MWN-0ADF) Before me the undersigned authority.pesanMyappaad Mnwho bete tfAQ WIGS g bra executed M Affidavit Affidavit the purposes tied ad Mal ills he and tumid Mme ,atl satyr aaUfimrMhdsha A NT SWORN TOMO SUBSCRIBED beim me the I / Rey of cAlgii. ,p08 erl.Public o-slemdb , ° r.snA,t- Nr _.: . FFbO Named NOW* 8 Ayammneimespies: eines,'jJclyg STATE OF FLORIDA ) COUNTY OF MUM-DARE) Before meowed the AAdeai the nda ned authority,peace*appeared t e Ahant who be ng first by me duly s w dM sweet or affirm Mat he/she WPoses staled Man and that it is hue end correct AFfANT SWORN TO AND SUBSCRIBED bebre me this_day of 2pp, Notary Pubic Ste of Ratio N Lave Printed Name d Notary — _ My commission eNires: STATE OF FLORIDA ) --- COWiYOFMAM-DADE) Brice me,he uMerged aaho*.pews*appeared the Alhnt em her y mewed this Affidavit for the purposes aeted herein and that it u true and cad. ng brit by me duly warn.Wdawru arm Mlre46e AFFIRM SWORN TO AND SUBSCRIBED before me this_day of 200 Novy ROYc Stale d Foie N Large Printed Favre of Away My corwMtion apiea: STATE OF FLORIDA ) COUNTY CF MUM.DADE) Blue me,the undersigned authority.paws*appeared the Affiant a& fi executed this Alftl.Mt tor the purposes staled Men and bel is he and oadrebenB cot by me duly sawn.til swear u arm that lrehlre AFFIANT SWORN TO AND SUBSCRIBED bewe me this day of Nnwy Pubic Stale offbdda N tap Printed leaned Notary Wry commission mitres: WITNESS MY hAND THIS LU DAY DF 'p I I 41 REPRESENTATIVE:(Listed i Business Ren alioship Affidavit) 8,4/eT..0 & (U(t.{t.(Sgnatwe) By. (Sgnature NameLeCCL1A-[vlA/Lt) (Prnu Name: .__. (Print) TWA 2esi At C (Prig Tne_ _ (Prop .7.C. ea./dui-m.4 ETA £XC_ By. �S/""e--r ((�Sgnatwe) By__. (Signature Name: / it. :re . G.yPrintt) Name: (Print) Tile: 1 of T ' t ._(lYitt) ale: (Hnp By: I�� I (Sgratwe) By: (Sgnature Name: ,l y, r , IM( (Thin) Name. (Print) TitIeftKTCrr-rfa_A (Print) Title:_ _.. (Print) By: (Sgnature) By. (Sguture Title: _ (Pmt) Title: (Pont) Tille. (Pea) Title: (Prim) By:_ (Sgnature) By: (Sigature Title' (Print) Title (Pimp Title. (Pmt) Title.--__-_- (PS) By: (Sgnature) By: (Signature Title: (Print) Title: (PON) Title: (Wind rife. (Pmt) 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 COUNTY DF4y�n}a]lm.)F -1- BeGenla.the und.sgaaauthority.p.eaayappearedfeyliai rr:4bedggatmme wry sun.did swear or affirm Mat Imre mewed this ARtlail a the pupaes saMtl herein and thei ti true and wren AF SWORN TO MD SUBSCRIBED before me Mt 26 clay d Yll ,201Q A // ERICA PHILIPS AA NcaryPublic,5@N Of Fl la COMMISSyn$F"r 2254 Ii'• ^{'' Y --q_A/�/�' YY4... Fi..�a,m.eminMr.�. A.. . 1 j✓, r / ',bled Nm W Notary � 'n(// My mmma9aa enures:. STATE OF FLORIDA ) COUNTY OF MLMI RADE) �( Before me.the undersigned authority,personally appeared gy. {f_76.4eAwM10 bei duly swan.did swear a affirm that hearse mewed this Affidavit for Ilse purposes Staled therein and that i is Vire and erect BLEILANYIL SAN *RANT A. .• ARCM/391[N 11 er21,2c: ': E%PIRES:Daalkc 2l,&:'. SWORN TO MD SUBSCRIBED before me Miley of A \2 Q ryyep _ a'fi' Badtl Tare NloyPlticLLywe._:: 71 t fie, ^'ZE�. L L . so," r- Z Feed Name a Noay — r My commission expires�1a-a l— l� STATE OF FLORIDA ) --- — COUNTY OF MIAMI-DADE) 1,4424Se-n bre ere undersigned eutafn.personally appeared.},-.0.6 4 7_the A .I ' I & mot . .. .first by me Way swan.did swear or atthatMarne aeabd this Affidavit M the puma reSled herein and thea Be tme and carts. t// m:_ _ _ Et Tr gE M S AZ AMA MYC?•ac>rry:F Fr BIBBM DPW.Pliai.:. "=�vaysr21,2018 SWORN TO AND SUBSCRIBED before me thd��y of �ll,o Balm: :l idiclYY.YO s- .4 ie ww��BFF -�.dF. ..�r Notary MYForstsmn(ggal�-_a \— 1-C� t STATE OF FLORIDA ) — -- - - _------COUNTY CF MIAM{WIK) Before me he undersigned author*.pas ialy aPPe red me'Want who being first by me duly worse did swear or BNrm Doi he/she executed Mrs Ardent for the purposes Mated therein and that ills true and correct AFFIANT SWORNTOANDSUBSCRIBED&be me this_ _day W __ _200_ NMay Pu ac SWe of FbrdaM Large Printed Nacre d Notary MY ammiss i evpaes:_ _ WITNESS MY HAND THIS DAY OF-1-4219-4-A b REPREs�I :(Listed an :usiness Rel. ..• •p Affidavit) Br �_ A- - _a./ �, • .. By:Y (Signature b Name: e (PuO Name: (Put) Title: pew A env (Print) Tile: (Rent) By: " (Signature) By: (Signature Na ::flD1/7TBtK— (Rini) Name: (Prat) Title: ✓rtS pram $ (print) Title: (Rini) By: (Signature) By: (Signature Name: (Put) Name: (Print) Title: (Print) Title: (Rex) By: (Signature) By: (Signature The: (Prep) rule: (Rix) Tice: (Pon) Title. (Ring By: (Signature) By: (Signature rile: (Pint Title: (Print) Title: (&a) The: (Put) By: (Signature) By: (Signature Title: (Pinel Title: (Riot Title: (Minn) Title: (Pont) 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 ` \ — FBA919 Arurs1a_9 4-NSWORN TO AND SUBSCRIBED bebene tha?.da d2BA1: w.ega rs W EZ� PREs AguM . .. 1ti', ++nerMVO turwr. Printed Name of Notary°o1 ^I,�Qi . My comnesion expres:�J lakv STATE Of FLORIDA ) COUNtV OF MIAMI-DADE) Bette me.the undersigned authority,personally appeared f7 T�8yg-the Arnett who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit b the purposes slated therein and mat it is true and eared. FIANT t.` MYdatilfF I55329 11 EXPIRES: 2/ 2019 I �iC SN Bons star w_a_. IA. .LL' r.. 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) Title'.sq. PRoaccrarwrn4rx(Prcrrl Tile: (hn) By: (Signature) By: (Signature Name: (PSI) Name: (Print) Title: (Pint) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name. (Ainr) Title: (Pmt) Title: (Print) 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 /� °D AFFIANT 1 ~ n T aaDry u lot- ire°D I day of _,mOB / __My Comm.Expires May 14.209 �N��Iry�bC,'�j",$�IMe OI FFa . 9rge .tom ; Commission#FF 999219 /' �d .5i Ili 49e•,,,�.• Bonded NiNCaN Notary 0.ctn. <Y'A Prinaid Name mNan 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. Page 2 of 6 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 Page 3 of 6 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. Page 4 of 6 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 5 of 6 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 6 of 6