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07-10-2018 Regular Commission Meeting Agenda Interim City Manager City Commission Joanne Carr,AICP ]Enid Weisman,Mayor `"` ..�_; Gladys Mezralni,Vice Mayor �.!_; -��' Citi Clerk Denise Landman,Commissioner ]Elllisa L.Horvath,MMC Dr.Linda Marks,Commissioner i Marc Narotsky,Commissioner Citi Attorney Robert Shelley,Commissioner c, Weiss Scrota Helfman Howard Weinberg,Commissioner e�✓ G ,.nQ,�' Cole&Bierman CITY COMMISSION MEETING AGENDA JULY 109 2018 Following the Local Planning Agency Meeting at 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. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • June 12, 2018 Commission Regular Meeting • June 21 , 2018 Commission Regular Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF FORT LAUDERDALE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda July 10, 2018 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-05-22- 2, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES,INC.FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-05-22- 3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE SCHOOL, COMMUNITY RECREATION CENTER,AND CULTURAL CENTER TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-06-13- 2, MYSTIC POINT DRIVE ROAD RESURFACING IMPROVEMENTS TO WILLIAMS PAVING CO.,INC.AT THE BID PRICE OF$84,013.73;AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE AND APPROVAL OF CITY MANAGER'S SEPARATION AGREEMENT; APPOINTING INTERIM CITY MANAGER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE OF SATISFACTION OF THE CITY'S CLAIMS FOR ATTORNEYS FEES, AS AUTHORIZED BY SECTION 57.105, FLORIDA STATUTES, CONCERNING THE LITIGATION KNOWN AS WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF AVENTURA, ET AL,CIRCUIT COURT CASE NO. 13-15004,IN WHICH LITIGATION THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Meeting Agenda July 10, 2018 6. ZONING HEARINGS—QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE CONSTRUCTION OF A ROOFTOP ADDITION TO AN EXISTING RESIDENTIAL PENTHOUSE UNIT IN THE RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT,WHERE THE PROPOSED ADDITION HAS A HEIGHT OF 26 STORIES OR 272.5 FEET AND WHERE A MAXIMUM HEIGHT OF 25 STORIES OR 250 FEET IS PERMITTED BY CODE, FOR PROPERTY WITH MUNICIPAL ADDRESS 20281 EAST COUNTRY CLUB DRIVE,PH4 AND PH6,CITY OF AVENTURA,FLORIDA; PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: 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. 8. ORDINANCES—SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT Page 3 of 4 Aventura City Commission Meeting Agenda July 10, 2018 FUTURE MEETINGS* COMMISSION MEETING/REGULAR COMMISSION WORKSHOP—JULY 19,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION MEETING—SEPTEMBER 4,2018 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—SEPTEMBER 20,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. 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 4 of 4 The City of CITY COMMISSION Aventura Government Center REGULAR MEETING MINUTES 19200 W. Country Club Drive AventuraJUNE12, 2018 Aventura, Florida 33180 6:00 P.M. 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 and the following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, 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 Mayor Weisman. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Per the request of Mrs. Grant and consensus of the Commission, item 5F was removed from the Consent Agenda, to be scheduled for a future meeting. Mr. Wolpin requested an attorney client session for the Williams Island Property Owners Association, Inc., vs. City Of Aventura, et al, Circuit Court Case No. 13-15004, to be scheduled if needed. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: Mrs. Grant presented Chief Pegues with recognition certificates and tokens of appreciation for the following employees for the completion of milestone years of services with the City: Jaime Chalem (10 years) Malinda Daniels (15 years). 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the remaining items on the Consent Agenda (A-E) was offered by Commissioner Dr. Marks, seconded by Vice Mayor Mezrahi and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • May 1, 2018 Commission Regular Meeting • May 17, 2018 Commission Meeting • May 17, 2018 Commission Regular Workshop Meeting B. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $6,480 FOR PUBLIC SECURITY ENHANCEMENTS TO THE GOVERNMENT CENTER 157 FLOOR LOBBY FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. Aventura City Commission Regular Meeting Minutes June 12, 2018 C. Resolution No. 2018-51 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2018-52 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE. ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND NORTH BAY VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2018-53 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 2 FOR THE NE 183rd STREET SEAWALL RESTORATION PROJECT BY AND BETWEEN THE CITY AND KIEWIT INFRASTRUCTURE; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. F. Removed from Agenda as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE OF SATISFACTION OF THE CITY'S CLAIMS FOR ATTORNEYS FEES, AS AUTHORIZED BY SECTION 57.105, FLORIDA STATUTES, CONCERNING THE LITIGATION KNOWN AS WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF AVENTURA, ET AL, CIRCUIT COURT CASE NO. 13-15004, IN WHICH LITIGATION THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: None. Page 2 of 5 Aventura City Commission Regular Meeting Minutes June 12, 2018 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title and incorporated the staff report and comments provided at the May 1, 2018 Local Planning Agency Meeting and Regular Commission Meeting into the record by reference: A. 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 ADD PUBLIC OR PRIVATE WATERWAYS AND DOCKS TO THE SUN SHADOW EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. 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). Joanne Carr, Community Development Director, provided information on the Code change. Mayor Weisman opened the public hearing. The following members of the public provided comments: Barry Silverstein (Turnberry Isles). There being no additional speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2018-11 was adopted. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-37 "TIME OF HIRE" TO PROVIDE RULES ALLOWING OFFICERS HIRED BETWEEN OCTOBER 1, 2000 AND SEPTEMBER 30, 2003 TO PURCHASE CREDITED SERVICE UNDER THE CITY OF AVENTURA POLICE OFFICERS' RETIREMENT PLAN FOR THE YEARS OF SERVICE THAT THEY RENDERED TO THE CITY AS POLICE OFFICERS PRIOR TO THE EFFECTIVE DATE OF THE RETIREMENT PLAN; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Weinberg and seconded by Commissioner Landman. Page 3 of 5 Aventura City Commission Regular Meeting Minutes June 12, 2018 Mrs. Grant explained the ordinance, with costs to be borne by the participating officers. Chief Pegues spoke in favor of the ordinance. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2018-12 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, JOINING THE SEAWALL COALITION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Jim Cason, Seawall Coalition, provided information and encouraged discussion on sea level rise and participation in the organization. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-54 was adopted. 10. REPORTS: Mayor Weisman reported on the following items: ACES kindergarten and 8th grade graduation ceremonies, City recognition of ACES teachers for their years of service, and breakfast provided to the ACES teachers on behalf of the Commission as suggested by Commissioner Dr. Marks. Commissioner Shelley announced that the groundbreaking for the City's high school, scheduled to open in 2019, was held prior to the Commission Meeting. 11. PUBLIC COMMENTS: The following members of the public provided comments: Joel Allerhand (Hamptons West). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Page 4 of 5 Aventura City Commission Regular Meeting Minutes June 12, 2018 Commissioner Shelley, and unanimously approved; thus adjourning the meeting at 6:37 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on July 10, 2018. Page 5 of 5 I he City of CITY COMMISSION Aventura WORKSHOP MEETING MINUTES Aventura Government Center �Y 11. Jl 19200 W.Country Club Drive JUNE 21, 2018 Aventura, Florida 33180 41) 10:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 10:00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, 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. CAPITAL BUDGET (Susan Grant): Mrs. Grant reviewed the "City of Aventura Capital Improvement Program 2018/19 — 2022/23 Briefing Report" PowerPoint covering the following items: Importance of the CIP, What is a Capital Improvement, Completed Park Facility & Beautification Improvements, Constructed Public Buildings, Transportation Drainage & Infrastructure Improvement Accomplishments, Overview of Recommended Projects, General Fund Proposed Annual Funding Requirements, FY 2018/2019 Capital Budget Highlights, 5-Year General Fund Funding Plan, FY 2017/18 General Fund Reserves, and ACHS School Construction Funding. Department Directors Karen Lanke (IT), Chief Bryan Pegues (Police), Brian Raducci (Finance), and Joseph Kroll (Public Works/Transportation) provided information on items pertaining to their respective departments. The Commission discussed the following items in detail: Information Technology Improvement Projects, specifically the purchase of ACES laptops/computers to something more cost effective while still meeting the needs, and Capital Equipment Purchase and Replacement Projects, with an emphasis on vehicle policy, replacement. auction, and state bid prices. Mrs. Grant discussed the following items in detail: the use of $1.2 million in reserves for 2018/2019, which may be changed due the ability to use forfeiture funds for items and an increase in the anticipated ad valorem revenue to be received, the increase in the debt service for the next two years due to the high school ($7.1 million loan), and an anticipated increase in revenue ($2 million) in three years due to a change in the FPL franchise. The Commission discussed the high school budget including the reflection in that budget of donations received, reimbursement to the City for advanced funds, the citizens establishing a 501(c)(3) to receive contributions for the high school, and the ability of the City Commission to decide which group the City would formally recognize for those donations. The following members of the public provided comments: Frida Lapidot. Aventura City Commission Workshop Meeting Minutes—June 21, 2018 City Manager Summary: It was the consensus of the City Commission for the City Manager to eliminate $1 million of the proposed deficit for capital improvements and to come back with a revised recommendation. The 501(c)(3) item will be discussed at a future workshop meeting. 3. VACATION RENTAL UPDATE (Susan Grant): Mrs. Grant reviewed an update on the short-term vacation rental situation at the Yacht Club, as provided in the agenda. Joanne Carr, Community Development Director, provided information on the business tax receipt process, as well as code enforcement for those in violation. Mrs. Grant will send a letter to all condominium boards and managers in the City to remind their owners about the City's code regarding short-term rentals. Additionally, the City will not issue more than one business tax receipt per unit at any one time for those that are allowed to rent, to alleviate the ability to rent several individual rooms in one condominium unit. City Manager Summary: None — this item was provided for informational purposes. 4. HURRICANE PREPAREDNESS (Susan Grant): Chief Bryan Pegues reviewed the Aventura Police Department PowerPoint covering the following items: Pre-Hurricane Season, Hurricane Watch, During the Storm, and Post Storm Phase. Public Works/Transportation Director Joseph Kroll reviewed the Aventura Public Works Department PowerPoint covering the following items: Hurricane Season Preparation, Storm Preparation, and Post Storm. IT Director Karen Lanke reviewed the Aventura Communications PowerPoint covering the following items: Hurricane Season Education. The following members of the public provided comments: Frida Lapidot. City Manager Summary: None — this item was provided for informational purposes. 5. CELL PHONE POLICY (David Wolpin): Mr. Wolpin discussed the options and procedures to follow should the City Commission decide to provide cell phones to members of the Commission, in order to conduct city business. City Manager Summary: It was the consensus of the City Commission that members of the Commission should notify the City Manager individually if they would like to be provided with a City issued cell phone. Mayor Weisman introduced the two summer interns in attendance. Page 2 of 4 Aventura City Commission Workshop Meeting Minutes—June 21, 2018 6. TRANSPORTATION UPDATE (Mayor Weisman): Mrs. Grant reviewed a PowerPoint explaining those entities involved in the Northeast Corridor. Mayor Weisman reported on the recent meeting and tour of Aventura with representatives from the County including Commission Chair Esteban Bovo, Commissioner Sally Heyman, County Director of Department of Transportation & Public Works Alice Bravo, and TPO Director Aileen Bouclé. The following items were discussed regarding the Northeast Corridor (Smart Plan): provision of a platform on the west side of Biscayne Boulevard, construction of an overpass from the Aventura Mall to that platform, importance of City attendance at the TPO meetings, and the County's request for municipalities to partner with them. City Manager Summary: None — this item was provided for informational purposes. 7. PACE FUNDING (Susan Grant): Mrs. Grant recommended that the City Commission consider participating in a Property Assessed Clean Energy (PACE) Program, in response to requests from residents. She explained the need to adopt a resolution, in order to allow residents to participate in the program, at no cost to the City. The following members of the public provided comments: Mike Antheil, Renovate America. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution at the next Commission Meeting, once the necessary agreements referred to in the sample resolution were reviewed by the City Attorney. Mrs. Grant and staff members left the meeting at this time. 8. CITY MANAGER SIX MONTH PERFORMANCE REVIEW (Mayor Weisman): Mayor Weisman explained the need to review the City Manager's performance after six months, as required by her contract. Mr. Wolpin reviewed Section 1.7 of the City Manager's contract, as well as the City's Charter. The Commission discussed the duties and responsibilities performed by the City Manager. Summary: It was the consensus of the City Commission that the City Manager be advised of the results of her performance review and for a separation agreement to be negotiated. 9. COMMISSIONER COMMUNICATIONS: No items were reported. City Manager Summary: None. Page 3 of 4 Aventura City Commission Workshop Meeting Minutes—June 21,2018 10. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 1:22 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on July 10, 2018. Page 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Joanne Carr, AICP . Interim City Manager DATE: July 5, 2018 SUBJECT: Resolution Declaring Equipment Surplus July 10, 2018 City Commission Meeting Agenda Item Jiiit RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. /attachment RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The 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 City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 10th day of July, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Joanne Carr, AICP, Interim City Manager FROM: Kimberly Merchant, Director of Community Service DATE: June 26, 2018 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Seville Lectern Podium, Serial #0559 4 Lamm Metal Benches, Serial # 1585 81660 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Joanne Carr, Interim City Manager FROM: Karen J. Lanke, Information htipology Director DATE: June 28, 2018 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City or the Aventura City of Excellence School. Please let me know if you have any questions regarding this request. Attachments City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number _ Type APC BR700G 1 _ 381032X52735 /i UPS APC BR700G 1 381127X46737 j UPS Brother PocketJet 6 Plus 1 U62864C5Z933788 Printer Cisco 2600 Series 1 44406191028 Switch Cisco i 2600 Series 1 JMX0643L2C6 Switch Cisco 2800 Series 1 JMX0510K355 Switch Cisco Catalyst 3550 Series 1 CAT0723ZOE9 Switch Cisco Catalyst 3550 Series 1 _ CAT0832Y31D Switch Cisco Catalyst 3550 Series 1 CAT0912X1NO Switch Cisco Catalyst 3550 Series 1 CHK0645V2GT Switch Cisco Catalyst 3550 Series 1 FAA0513G03Y Switch Cisco Catalyst 3560 Series 1 CAT102324H4 Switch Cisco Catalyst 3560 Series 1 CAT1024NOWV Switch Cisco Catalyst 3560 Series 1 FD01324Z26Q Switch Cisco PIX 515E 1 CNM7M3PBRA Firewall Cisco PIX 515E 1 X1125ZOC6 Firewall Cisco WS-C4500 Series 1 800-08590-02 AO Switch Dell 1707FPt 1 CN0CC2807161864J8FZV Monitor Dell 2009Wt 1 CN0G433H7161887LC40U Monitor Dell 2009Wt 1 CNOG433H74445986AHNL Monitor Dell 2009Wt 1 CNOG433H74445986AJXL Monitor Dell 2009Wt 1 CNOG433H74445986AKFL Monitor Dell 2009Wt 1 CN0G433H74445986AKML Monitor Dell 2009Wt 1 CN0KM50971618854728L Monitor Dell AX510PA 8 Soundbar Dell E2013Hc 1 CNOXKFTR6418033AOVXM Monitor Dell E2013Hc 1 CNOXKFTR6418033AOX7M Monitor Dell E2013Hc 1 CNOXKFTR6418033AOXWM Monitor Dell E2013Hc 1 CNOXKFTR6418033AOXZM Monitor Dell P2011Ht 1 CNOYR64P7444517JBJNS Monitor Dell P2011Ht 1 CNOYR64P74445171BPKS Monitor Dell P2011Ht 1 CN0VR64P7444517UDX45 Monitor Dell P2011Ht 1 CNOYR64P7444517UG4NS Monitor Dell P2011Ht 1 CNOYR64P7444517UG4QS Monitor Dell P2011Ht 1 CNOYR64P7444517UG4T5 Monitor Dell P2011Ht 1 CNOYR64P7444517UG4US Monitor Dell P2011Ht 1 CNOVR64P7444517UG4WS Monitor HP Desklet 6127 1 MY48R3B1G15C Printer HP OfficeJet 6000 1 MY02M260XB057W Printer HP Officelet 6100 1 CN21U1B07805KR Printer HP Officelet 6100 1 CN21U1B07805KR Printer 6/28/2018 Page 1 oft City of Aventura ACES Computer Equipment Inventory Brand Model Quantity Serial number Type Apple iPad A1395 1 DMPH1831DFHW Tablet Apple iPad A1395 1 DMPHJB7UDFHW Tablet Apple iPad A1395 1 DMQFX24XDFHW Tablet Apple iPad A1395 1 DN6G13UQDFHW Tablet Apple iPad A1395 1 DN6G15YLDFHW Tablet Apple iPad A1395 1 DN6G1D3YDFHW Tablet Apple iPad A1395 ! 1 DN6G1D8DADFHW Tablet Apple iPad 41395 _ ,_ _1 DN6G1E32DFHW Tablet Apple iPad A1395 ', 1 DN6G1ESHDFHW Tablet Apple iPad A1395 !. 1 DN6G1H7MDFHW Tablet Apple iPad A1395 1 DN6G1H7PDFHW Tablet Apple iPad A1395 1 DN6GIJFRDFHW Tablet Apple iPad A1395 1 DN6GKTASDKPH Tablet Apple iPad A1395 1 DN6GLDTSDKPH Tablet Apple iPad A1416 1 DMPHQU4GDJ8T Tablet Apple iPad A1416 1 DMQHQ401D18T Tablet Apple iPad A1416 1 DMQHQBT7D18T Tablet Apple iPad A1416 1 DMQHQBTCDJBT Tablet Apple iPad A1416 1 DMQHQHARDJ8T Tablet Apple iPad A1416 1 DMQHQHCQDIBT Tablet Apple iPad A1416 1 DMQHQUDWDJ8T Tablet Apple iPad A1416 1 DMQHQUE3DJ8T Tablet Apple iPad A1416 1 DMQHR6F8DJ8T Tablet Apple iPad A1416 1 DMQHRAD30J8T Tablet Apple iPad A1416 1 DMQHRV89DJ8T Tablet Apple iPad A1416 1 DMQHRV92D18T Tablet Apple iPad A1416 1 DMQHRVDSDJBT Tablet Apple iPad A1416 1 DMQHRVM7DJ8T Tablet Apple iPad A1416 1 DMQHRW2MD18T Tablet Apple iPad A1416 1 DMQHRWM3DJ8T Tablet Apple iPad A1416 1 DMQHRWUKDJ8T Tablet Apple iPad 41416 1 DMQHRXAMDJ8T Tablet Apple iPad A1416 1 DMQHRXJDDJ8T Tablet Apple iPad 41416 1 ', DMQHRY1EDJ8T Tablet Apple iPad A1416 1 DMQHRY3PDJ8T Tablet Apple iPad A1416 1 DMQHRZXSDJ8T Tablet Apple iPad A1416 1 DMQHRZXUDJ8T Tablet Apple iPad A1416 1 DMRHRILVDJ8T Tablet Apple iPad A1416 1 DMRHRCU4D18T Tablet Apple iPad A1416 1 DMRHRCVVDJ8T Tablet Apple iPad A1416 1 DMRHRD4XDJ8T Tablet Apple iPad A1416 1 DMRHRDQFDJ8T Tablet Apple iPad 41416 1 DMRHRDTXDJ8T Tablet Apple iPad A1416 1 DYTHLM7CD18T Tablet Apple iPad 41416 1 DYTHXQSSDJBT Tablet Page 1 of 4 6/28/2018 City of Aventura ACES Computer Equipment Inventory Brand Model Quantity Serial number Type Apple iPad A1416 1 DYTJ1KSGD18T Tablet Apple iPad A1416 1 DWHX69BDJ8T Tablet Apple iPad A1416 1 DWHX9DNDJ8T Tablet Apple iPad A1416 1 DYVHXDLNDJ8T Tablet Apple iPad A1416 1 DYVHXG44D18T Tablet Apple iPad A1416 1 DYVHXH17D18T Tablet Apple iPad A1416 1 DWHXH2NDJ8T Tablet Apple iPad A1416 1 DYVHXHUCDJ8T Tablet Apple iPad A1416 1 DWHXK6FDJ8T Tablet Apple iPad A1416 1 DVVHXMH8D18T Tablet Apple iPad A1416 1 DYVHXN3BDJ8T Tablet Apple iPad A1416 1 DYVHXNMADJBT Tablet Apple iPad A1416 1 __ DWHXRHQDJBT Tablet Apple iPad A1416 1 DWHX58LDJ8T Tablet Bretford 1 iPad cart Bretford 1 Laptop cart Cisco 3550 1 CAT0719Y21J Switch Cisco 3550 1 CAT0742Z1D1 Switch Dell 17" FP 1 CNOFK9457161876ABALY Monitor Dell 17" FP 1 CNOFK9457161876ABAM1 Monitor Dell 17" FP 1 CNOFK9457161876ABAM3 Monitor Dell 17" FP 1 CNOFK9457161876ABAN2 Monitor Dell 17" FP 1 CNOFK9457161876ABAN3 Monitor Dell 17" FP 1 CNOFK9457161876ABAN3 Monitor Dell 17" FP 1 CNOFK9457161876ABAN5 Monitor Dell 17" FP 1 CN0FK9457161876ABAN6 Monitor Dell 17" FP 1 CNOFK9457161876ABANA Monitor Dell 17" FP 1 CNOFK9457161876ABARG Monitor Dell 17" FP 1 CNOFK9457161876ABARH Monitor Dell 17" FP 1 CNOFK9457161876ABARM Monitor _ Dell 17" FP 1 CNOFK9457161876DB208 Monitor Dell 17" FP 1 CNOFK9457161876DB413 Monitor Dell 17" FP 1 CNOFK9457161876DB420 Monitor Dell 17" FP 1 CNOFK9457161876DB502 , Monitor Dell 17" FP 1 CN0FK9457161876DB702 Monitor Dell 17" FP 1 CN0FK9457161876DB760 Monitor Dell 17" FP 1 CN0FK9457161876DB773 Monitor Dell 17" FP 1 CN0FK9457161876DB781 Monitor Dell 17" FP 1 CNOFK9457161876DB786 Monitor Dell 17" FP 1 CNOFK9457161876DB873 Monitor Dell 17" FP 1 CN0FK9457161876DB904 Monitor Dell i 17" FP 1 CN0FK9457161876DB919 Monitor Dell _ 17" FP 1 CNOGT7807161885OAAXC Monitor Dell 17" FP 1 CNOGT7807161885OAAXM Monitor Dell 17" FP 1 CNOGT7807161885OAAXN Monitor Page 2 of 4 6/28/2018 City of Aventura ACES Computer Equipment Inventory Brand Model Quantity Serial number Type Dell 17" FP 1 CNOGT7807161885OABEU Monitor Dell 17" FP 1 CNOGT7807161885OABGG _ Monitor Dell 17" FP 1 CNOGT7807161885OABGK Monitor Dell 17" FP 1 CNOGT7807161885OABGW Monitor Dell 17" FP _ 1 CNOGT78071618850ABH3 Monitor Dell 17" FP 1 CN0GT78071618850ABH7 Monitor Dell 17" FP 1 CNOGT78071618850ABH8 Monitor Dell 17" FP 1 CN0GT7807161885OABHZ __ _ Monitor Dell 17" FP 1 CN0GT7807161885OAB12 Monitor Dell 17" FP 1 CNOGT7807161885QAARQ Monitor Dell 17" FP 1 CNOGT7807161885QAARR Monitor Dell 17" FP 1 CNOGT7807161885QAARX Monitor Dell 17" FP 1 CNOGT7807161885QAARZ I Monitor Dell 17" FP 1 I CNOGT7807161885QAAS2 Monitor Dell 17" FP 1 CNOGT7807161885QABS3 Monitor Dell 17" FP 1 CNOU 18517444595KA4JS Monitor Dell 17" FP 1 CN0U18517444595KA4N5 Monitor Dell 17" FP 1 CN0U185J7444595KA4XS Monitor Dell 17" FP 1 CN0U18517444595KA578 Monitor Dell 17" FP 1 r CNDU18517444595KAF95 Monitor Dell 17" FP 1 CNOU185J7444595KAHQ5 Monitor Dell 17" FP 1 r CNOU18517444595KAJ25 Monitor _ Dell 17" FP 1 CNOU185J7444595KA1C5 Monitor Dell 17" FP 1 CNOU185J7444595KARNS Monitor Dell 17" FP 1 CNOU18517444595KAS15 Monitor Dell 17" FP 1 CN0U185J7444595KAU65 Monitor Dell 17" FP 1 CNOU185174445963AY75 Monitor Dell 17" FP 1 CNOU185174445963B75S Monitor Dell 17" FP 1 CNOU185174445963BATS Monitor Dell 17" FP 1 CN0YG6137161865CACCY Monitor Dell 17" FP 1 CNOYG6137161865CACDH _ Monitor _ Dell 17" FP 1 CNOYG6137161865CACDL Monitor Dell 17" FP 1 CNOYG6137161865CACRZ Monitor Dell 17" FP 1 CNOYG6137161865CACS3 Monitor Dell 17" FP 1 CNOYG6137161865CACS6 Monitor Dell 17" FP 1 CNOYG6137161865CACSD Monitor Dell 17" FP 1 CNOYG6137161865CACSU Monitor Dell 19" FP 1 CNOH31DT742611571PAS Monitor Dell 19" FP 1 CN0H31DT742611623575 Monitor Dell 19" FP 1 CNOPVGRC7444535R271M Monitor Dell 19" FP 1 CNOPVGRC7444535R828M Monitor Dell 19" FP 1 CNOPVGRC7444535R834M Monitor Dell 19" FP 1 CNOPVGRC7444535R835M Monitor Dell 19" FP 1 CNOPVGRC7444535R837M Monitor Dell 19" FP 1 CNOPVGRC7444535R937M Monitor Page 3 of 0 6/28/2018 City of Aventura ACES Computer Equipment Inventory Brand Model Quantity; Serial number Type Dell 19" FP 1 CNOPVGRC7444535R939M Monitor Dell 19" FP 1 CNOPVGRC7444535RAEWM Monitor Dell 19" FP 1 CNOPVGRC7444535RAFFM Monitor Dell 19" FP 1 _ l CNOPVGRC7444535RAFHM Monitor Dell 19" FP 1 CNOV8MM97426104M6AAS Monitor Optoma EX-5255T 1 Q8BB019AAAAAC0063 Projector Optoma EX-5255T 1 Q8BB019AAAAAC0066 Projector Optoma EX-5255T 1 Q8BB019AAAAAC0081 Projector Optoma EX-525ST 1 Q8BB019AAAAAC0103 Projector SmartBoard SB680 1 SB680-R2-557104 SmartBoard SmartBoard I SB681 1 SB680-R2-557047 SmartBoard SmartBoard SB682 1 SB680-R2-557095 SmartBoard SmartBoard SB683 1 SB6B0-R2-557101 SmartBoard SmartBoard SB684 1 SB680-R2-783063 SmartBoard SmartBoard 58685 1 SB680-R2-783474 SmartBoard SmartBoard SB686 1 SB680-R2-556274 SmartBoard 1 Box power cables 3 Box used keyboards 1 Box used mice Page 4 of 4 6/20/2018 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Joanne Carr, AICP, Interim City Mana DATE: July 5, 2018 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City of Aventura and the City of Fort Lauderdale July 10, 2018 City Commission Meeting Agenda Item SC_ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Fort Lauderdale. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. Attachment RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF FORT LAUDERDALE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Fort Lauderdale for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 10th day of July, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MUTUAL AID AGREEMENT (AVENTURA-FORT LAUDERDALE) WITNESSETH WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida, and the City of Fort Lauderdale, Florida(collectively, the"Parties")to ensure the public safety of their citizens by providing adequate levels of police service to assess any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural man-made conditions which are,or likely to be, beyond the control of the services,personnel, equipment, or facilities of the Aventura Police Department and the Fort Lauderdale Police Department (collectively, the "Agencies");and WHEREAS, the Parties are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations including, but not limited to emergencies as defined under Section 252.34(3),Florida Statutes;and (2) Continuing, multijurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people;and WHEREAS, the Parties have authority under Part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act,to enter into: (1) A requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies;and (2) A voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines. NOW, THEREFORE, BE IT KNOWN that the City of Aventura, a political subdivision of the State of Florida and the City of Fort Lauderdale, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: DESCRIPTION This Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations and combines elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION The Chief of Police for the City of Aventura and the Chief of Police for the City of Fort Lauderdale (collectively "Agency Heads") may execute a joint declaration, enumerating the specific conditions under which aid may be requested or rendered pursuant to this Agreement (the "Joint Declaration"). Subsequent to execution, a Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. The Joint Declaration may be amended at any time upon the mutual assent of the Agency Heads. SECTION III: POLICY AND PROCEDURE (a) In the event that a party to this Agreement is in need of assistance as set forth above, an authorized representative of the Agency requiring assistance shall notify the Agency, Agency Head, or his/her designee from whom such assistance is required. The Agency Head or authorized agency representative whose assistance is sought shall evaluate the situation and the Agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he/she deems appropriate. The Agency Head's decision in this regard shall be final. (b) The resources or facilities that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his designee of the Agency requesting assistance. (c) Should a violation of Florida Statutes occur in the presence of said officers representing their respective Agencies in the furtherance of this Agreement. they shall be empowered to render enforcement assistance and act in accordance with law. SECTION IV: POWERS, PRIVILEGES, IMMUNITIES AND COSTS (a) Members of the Agencies when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of Aventura or Fort Lauderdale under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. (b) Each Party agrees to furnish the necessary equipment, resources, and facilities and to render services to each other Party to the Agreement as set P t 1 forth above; provided however, that no Party shall be required to deplete I unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (c) The Agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense ., incurred in the operation and maintenance thereof. i (d) The Agency furnishing aid pursuant to this section shall compensate its ( appointees/employees during the time such aid is rendered and shall . defray the actual travel maintenance expenses of such employees while I they are rendering such aid, including any amounts paid or due for 1 compensation due to personal injury or death while such employees are engaged in rendering such aid. HOWEVER, if the requesting Agency receives compensation from the Federal Emergency Management Agency $ (FEMA), the requesting Agency may compensate the assisting Agency f during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering 1 such aid as pertains to this Agreement. (e) All of the privileges and immunities from liability, exemption from laws, ordinances and rules,and all pension, insurance,relief,disability,worker's Icompensation, salary, death and other benefits which apply to the activity of such officers, agents or employee of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree,manner,and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement The provisions of this section shall apply with equal effect to paid, volunteer,and reserve employees. j 1 (f) Nothing herein shall prevent the requesting Agency from requesting I supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting Agency for any actual costs or expenses incurred by the assisting agency performing hereunder , when assistance is requested under this Agreement. 1' SECTION V: FORFEITURE It is recognized that during the course of the operation of the Agreement, propertysubject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. Seized property shall be forfeited and equitably distributed among the participating agencies in proportion to the amount of ,i investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VI: INDEMNIFICATION Each Party engaging in any mutual cooperation and assistance,pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the '1 defense of any suit or claim to which said duty to indemnify applies. SECTION VII: EFFECTIVE DATE Upon execution and approval by the hereinafter-named officials this Agreement shall take effect retroactively from and after May 1, 2018, and shall I continue in full force and effect, until the expiration of a period of five (5) years from May 1, 2018 , unless terminated prior thereto by any or alt of the Parties herein. SECTION VII: CANCELLATION This Agreement may be cancelled by any Party upon delivery of written notice to the other Party or Patties. Cancellation will be at the direction of any subscribing Party. IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the date specified. Lee It.Feldman City Manager City of Fort Lauderdale City of Aventura Date: Slt-lq Date: Rick Maglione Bryan Pegues Chief of Police Chief of Police City of Fort Lauderdale,Florida City of Aventura, Florida Date: se/I�/(P Date: Approved As to Form ATTEST: Alain E. Boileau Interim City Attorney Ellisa Horvath By: '� City Clerk Bradley Weissman City of Aventura Mg. City Attorney Approved As to Form: 1 David M. Wolpin City Attorney 1 a s i 1 CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr AICP, Interim City Manager jet BY: Joseph S Kroll, Public Works/Transportation Director y" DATE: July 5, 2018 SUBJECT: Bid No. 18-05-22-2 -City of Aventura Government Center Landscape Maintenance Services July 10, 2018 City Commission Meeting Agenda Item 5D Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 18-05-22-2 City of Aventura Government Center Landscape Maintenance Services to the lowest responsible and responsive bidder; BrightView Landscape Maintenance Services, Inc. with a bid of$38,222.75 annually. Background: The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Tuesday, May 22, 2018 at 2 PM. Five qualified bids were received as follows: BrightView Landscape Maintenance Services, Inc. $38,222.75 Annually Lukes Landscaping, Inc. $51,159.00 Annually SFM Service $80,194.00 Annually Superior Landscaping & Lawn Service, Inc. $90,170.00 Annually Orchidman Landscape Artisans Corp. $172,355.00 Annually The bid is based on pricing for landscape and maintenance services, supplies and labor for the Government Center landscape maintenance services. This is a three year term contract with the City having sole rights to extend the contract for one (1) additional three (3) year term. A reference check of the low responsive bid resulted in a positive recommendation. City Commission June 5, 2018 Page 2 The company will be required to post the appropriate insurance and bonds and all work will be subject to regular review and inspections by the Public Works/Transportation Director. Funding: This expense will be funded through Public Works/Transportation Line Item No. 001-5401-541.34-50, Landscape/tree maintenance. The budgeted amount for this contract is $60,000, and the contract is effective October 1, 2018. JSK/gf Attachments: Exhibit "A" Bid Tabulation JSK18008 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-05-22-2, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 18-05-22-2 CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMNET CENTER; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that BrightView Landscape Maintenance Services, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the bid/contract for BID NO. 18-05-22-2, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER is hereby awarded to BrightView Landscape Maintenance Services, Inc., at the bid price as contained in the attached bid documents. City of Aventura Resolution No. 2018- Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number account no. 001-5401-541.34-50. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman PASSED AND ADOPTED this 10th day of July, 2018. Page 2 of 3 City of Aventura Resolution No. 2018-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 AVENTURA GOVERNMENT CENTER LANDSCAPE MAINTENANCE SERVICES Bid#18-05-22-2 BID TABULATION Bid Opening after 2:00 PM on Tuesday,May 22,2018 TOTAL COST PER Bidder Item R Description 12 MONTHS venture Government Dr Landscape Maintenance SFM SERVICES, Services within the Scope of INC. 1 this project $ 78,019.00 Merit Soil Drench for Royal Palms 2 (One application Per Application including follow up per year) $ 30.00 a 19 Royal Palms=$ 870.00 TOTAL 3 Merit Spray for Royal Palms Per Application lune apptcarin mowing rottow up per year) $ 45.00 x 29 Royal Palms=$1,305.00_TOTAL TOTAL BASE BID $80,194.00 TOTAL COST PER Bidder Item It Description 12 MONTHS ORCHIDMAN Aventine Government Ctr Landscape Maintenance LANDSCAPE Services within the Scope of ARTISANS CORP. 1 this project $ 166,380.00 Merit Soil Drench for Royal Palms 3 (One application Per Application Including follow up per year) $ 150.OQa 29 Royal Palms=$ 4.35000TOTAL 4 Merit Spray for Royal Palms Per Application (One application Including follow UP per year) $125.00 x 29 Royal Palms=$3,625.00 TOTAL TOTAL BASE BID I $171,355.00 TOTAL COST PER Bidder Item N Description 12 MONTHS Aventura Government Or LUKES' landscape Maintenance LANDSCAPING, Services within the Scope of INC. 2 this project $ 50,695.00 Merit Soil Drench for Royal Palms 3 (One application Per Application indudIng follow up per year) $N$Q it 29 Royal Palms=$ 23200 TOTAL 4 Merit Spray for Royal Palms Per Application (One application Including follow up per year) $B.Ipa 29 Royal Palms=$232.00TOTAt. TOTAL BASE BID I $51,159.W Page 1 of 2 AVENTURA GOVERNMENT CENTER LANDSCAPE MAINTENANCE SERVICES BId#18.05-22.2 TOTAL COST PER Bidder Item B Description 12 MONTHS SUPERIOR Aventum Govemment Ctr LANDSCAPING& Landscape Maintenance LAWN SERVICE, Services within the Scope of INC 1 this project $ 18,720.00 Merit Soil Drench for Royal Palms 3 (One application Pcr Application Including follow up par year) '20.00x 29 Royal Palms=$ $.1199TOTAL 4 Merit Spray for Royal Palms Per Application (One application including follow ala Par year) $30_OOx 29 Royal Palms=$871/00TOTAL TOTAL BASE BID I $90,170.00 TOTAL COST PER Bidder Item R Description 12 MONTHS venture Government t.1r BRIGHNIEW Landscape Maintenance LANDSCAPE Services within the Scope of SERVICES,INC. 1 this project $ 37,070.00 Merit Soil Drench for Royal Palms 3 (One application Per Application IndudMg follow up per year) $9.75 x 29 Royal Palms=$ 2B2.7STOTAL a Merit Spray for Royal Palms Per Application (Ona application includkta follow UP Par year) $30_00 x 29 ROyal Palms=$870.0Q TOTAL TOTAL MSE BID I $38,222.75 Rank Bidder Base Bid 1 BdghWlew Landscape $38,222.75 Maintenance,Inc. 2 Lukes'Landscaping,Inc. $51,159.00 3 SPM Services,Inc $80,194.00 4 Superior Landscaping&Lawn $90,170.00 Service,Inc. 5 Orchldman landscape Artisans $172,355.00 Corp Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation,if any,are hereby rejected as late. Nam Dated: Indra Darju Date : Page 2 of 1 CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr AICP, Interim City Manag BY: Joseph S Kroll, Public Works/Transportation Director DATE: July 5, 2018 1 yU( SUBJECT: Bid No. 18-05-22-3 -City of Aventura Schools, Recreation and Cultural Center Landscape Maintenance Services July 10, 2018 City Commission Meeting Agenda Item Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 18-05-22-3 City of Aventura Schools, Recreation and Cultural Center Landscape Maintenance Services to the lowest responsible and responsive bidder; BrightView Landscape Maintenance Services, Inc. with a bid of$60,014.75 annually. Background: The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Tuesday, May 22, 2018 at 3 PM. Five qualified bids were received as follows: BrightView Landscape Maintenance Services, Inc. $60,014.75 Annually Lukes Landscaping, Inc. $70,063.76 Annually SFM Service $122,125.00 Annually Superior Landscaping & Lawn Service, Inc. $213,450.00 Annually Orchidman Landscape Artisans Corp. $532,235.00 Annually The bid is based on pricing for landscape and maintenance services, supplies and labor for the schools, Recreation and Cultural Center landscape maintenance services. This is a three year term contract with the City having sole rights to extend the contract for one (1) additional three (3) year term. A reference check of the low responsive bid resulted in a positive recommendation. City Commission June 5, 2018 Page 2 The company will be required to post the appropriate insurance and bonds and all work will be subject to regular review and inspections by the Public Works/Transportation Director. Funding: This expense will be funded through Public Works/Transportation Line Item No. 001-5401-541.34-50, Landscape/tree maintenance. The budgeted amount for this contract is $40,000, and the contract is effective October 1, 2018. JSK/gf Attachments: Exhibit"A" Bid Tabulation JSK18007 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-05-22-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE SCHOOL, COMMUNITY RECREATION CENTER, AND CULTURAL CENTER TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 18-05-22-3 CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE SCHOOL, COMMUNITY RECREATION CENTER, AND CULTURAL CENTER; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that BrightView Landscape Maintenance Services, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the bid/contract for BID NO. 18-05-22-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE SCHOOL, COMMUNITY RECREATION CENTER, AND CULTURAL CENTER is hereby awarded to BrightView City of Aventura Resolution No. 2018-_ Landscape Maintenance Services, Inc., at the bid price as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-5401-541.34-50. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman _ Page 2 of 3 City of Aventura Resolution No.2018- PASSED AND ADOPTED this 10th day of July, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 City of Aventura Schools,Recreation and Cultural Center Landscape Maintenance Services Bid N 18-05-22-3 BID TABULATION Bid Opening after 3:00 PM on Tuesday,May 22,2018 TOTAL COST PER • Bidder Item N Description 12 MONTHS Schools,CRC&Cultural Or Lukes'Landscaping, Landscape Maintenance Services Inc 1 within the Scope of this project $ 69,887.16 Merit Soil Drench for Royal Palms 2 (One application Per Application including follow up per year) $ B.00.29 Royal Palms=$232.00'TOTAL 3 Merit Spray for Royal Palms Per Application tune apyucauon mamma mlmw up Per year) $ B.00 a 29 Royal Palms=$232.00'TOTAL TOTAL BASE BID $20,351.76' TOTAL COST PER Bidder Item N Description 12 MONTHS Orchldman Schools,CRC&Cultural Ctr Landscape Artisans Landscape Maintenance Services Corp 1 within the Scope of this project $ 520,260.00 Merit Soil Drench for Royal Palms 2 IOM application Per Application Including follow up per year) $ 150.00 x 29 Royal Palms=$e,350.00TOTAL 3 Merit Spray for Royal Palms Per Application (One application Including follow up per year) $ 125.00 a 29 Royal Palms=$3,625.00_TOTAL TOTAL BASE BID I $532,235.00 TOTAL COST PER Bidder Item R Desalpdon 12 MONTHS Schools,CRC&Cultural Ctr Landscape Maintenance Services SFM Services,Inc. i within the Scope ofthis project $ 120,000.00 Merit Soil Drench for Royal Palms 2 (One application Per Application Including follow up per year) $30.00 x 29 Royal Palms=$ a70.0QTOTAL 3 Merit Spray for Royal Palms Per Application (One application Including follow up per year) $a5.ao•29 Royal Palms=$ 0$,00TOTAL TOTAL BASE BID I $122,175.00 Page 1 of 2 City of AveMura Schools,Recreation and Cultural Center Landscape Maintenance Services Bid 118-05-22-3 TOTAL COST PER Bidder Rem B Description 12 MONTHS Superior Schools,CRC&Cultural Or Landscaping& Landscape Maintenance Services lawn Service,Inc. 1 within the Scope of this project $ 212,000.00 Merit Soil Drench for Royal Palms 2 (One application Per Application Including follow up per year) $8.00 x115 Royal Palms=$ 680.00 TOTAL 3 CYRon Foliar Spray for Royal Palms Per Application (One applkation including follow up per year) $B.Q0a 85 Royal Palms=$680.0Q TOTAL TOTAL BASE BID $213,450.00 TOTAL COST PER Bidder Rem R Description 12 MONTHS Bdghtview Schools,CRC&Cultural Co- Landscape Services Landscape Maintenance Services ,Inc. 1 within the Scope of this project $ 58,862.00 Merit Soil Drench for Royal Palms 2 (One application Per Application Including follow up per year) $9.15a 29 Royal Palms=$ 282.7STOTAL 3 Merit Spray for Royal Palms Per Application (Ore application Including follow on per year) $30.00 x 29 Royal Palms=$870.0Q TOTAL TOTAL BASE BID $60,014.25 Rank Bidder Base Bid 1 BrlghtVlow Landscape $60,014.05 Maintenance,Inc. 2 Lukes'Landscaping,Inc. $70,063.76 3 SFM Service $122,125.00 • Superior Landscaping&Lawn $213,450.00 ServiceInc_ 3 Orchidman Landscape Artisans *532,235.00 Corp Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation,if any,are hereby rejected as late. Nam_ Indra Sarin s- ed Page 2 of 2 CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION MEMORANDUM TO: City Commission / FROM: Joanne Carr, Interim City ManagetLL (- .1 BY: Antonio F. Tomei, Capital Projects Manager A?, THRU: Joseph S. Kroll, Public Works&Transportation Director DATE: June 25, 2018 I/Q� SUBJECT: Recommendation: Bid No: 18-06-13-2 Mystic Point Drive Road Resurfacing Improvements July 10, 2018 City Commission Meeting Agenda Item 2018- S F Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 18-06-13-2, Mystic Point Drive Road Resurfacing Improvements to the lowest responsible and responsive bidder, Williams Paving Co., Inc. for the price of$84,013.73. The budget amount for this project is $116,000 and it will be funded by Budget Line Item Number 120-5401-541-6305. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on June 13, 2018. The City received the following nine(9) bids for this project: RJ Spencer Construction, LLC $82,492.00* Williams Paving Co., Inc. $84,013.73 Triple Nickel Paving, Inc. $89,724.65 Atlantic Southern Paving $92,783.38 M&M Asphalt Maintenance, Inc. $92,999.59 Janice M. Riley, dba The Paving Lady $95,640.39 Weekley Asphalt Paving, Inc. $105,335.35 Metro Express, Inc. $123,198.50 Pabon Engineering, Inc. $132,221.80 'Note: RJ Spencer Construction, LLC could not be considered a responsible and responsive bidder. The Bidder Qualifications Statement, requiring references and prior work experience be indicated, was left unfilled. The Work involved with the Project will include, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery, superintendence, mobilization and services necessary for the milling and resurfacing of Mystic Point Drive between Yacht Club Way and the entrance to the Mystic Pointe condominiums. The Work shall also include curb & gutter repair, pavement marking & signage, and manhole/valve box adjustments. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-06-13-2, MYSTIC POINT DRIVE ROAD RESURFACING IMPROVEMENTS TO WILLIAMS PAVING CO., INC. AT THE BID PRICE OF $84,013.73; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 18-06-13-2, Mystic Point Drive Road Resurfacing Improvements; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Williams Paving Co., Inc. submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 18-06-13-2, Mystic Point Drive Road Resurfacing Improvements is hereby awarded to Williams Paving Co., Inc. in the amount of $84,013.73. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid City of Aventura Resolution No. 2018- specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 120-5401-541-6305. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman PASSED AND ADOPTED this 10th day of July, 2018. Page 2 of 3 City of Aventura Resolution No. 2018-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 SECTION 00410 SCHEDULE OF VALUES- BIDDER'S COMPANY NAM E:&,//icwnc: via Co, 1,jL , Time to Substantial Completion: 60 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME = 90 CALENDAR DAYS Pay Estimated Item Quantity Description Unit Unit Price Extended Price GENERAL 100 1 General Conditions and Mobilization LS 3,496, 68 3,49/4• ba Provide Maintenance Of Traffic per 101 1 FDOT 600 Series Design Standards LS Si 239••Gb 6,23 9, o 8 102 1 Provide Erosion Control Measures LS 566.Z S 5-6o.2;' PAVING 103 134 Remove and Dispose of Existing Curb LF 3,y 1 q r;XOd. 41 07 (Type F, Header Curb, Drop Curb etc.) Remove And Dispose of Existing 104 14 Concrete Sidewalk SY 39. '49 4/11. 06 105 36 Remove And Dispose of Existing Pavers SY t12,SZ /,CY 1. SZ 106 38 Remove and Dispose of Speed Bumps LF /y, 4/ 9161 le 107 17 Clear and Grub SY g1. 30 y82, /o 108 18 Full Depth Pavement Repair SY 31, 6 r/ 690. /2 , 109 66 Full Depth New Pavement SY 24.09' 1/2-96. 61 110 3,030 Mill 1"Asphalt, Including Removal and SY Disposal of Existing Pavement 2,57 .5 ��(AS" 30 111 3,030 1" Superpave SP-9.5 Asphaltic Concrete SY 9.o Z 29,330. 6o Pavement, Including Tack Coat 112 41 Type "F" Curb&Gutter, Including 4" LFOZ 176 Limerock Pad4" Concrete 9'3 r 3•gZ . 113 14 Sidwith Compacted ewalk Subq�adie 3, 000 psi) SY 10,2-0 1, 360, 6D 114 5 Detectable Warnings SY I839y 470• zo 115 10 Adjust Existing Valve Box EA Z9'/, Z3 2,9'/2,30 116 2 Adjust Existing Cleanout EA 3)2,06- 629, /O Mystic Pointe Drive Milling and Resurfacing City of Aventura Bid No. 18-06-13-2 CTA Project No.01-0103-247 Addendum No. I 00410-4 Pay Estimated Item Quantity Description Unit Unit Price Extended Price 117 2 Adjust Existing Manhole Cover EA 9C3.(,9 907 . 3`i� SIGNING AND MARKING 118 775 6" Solid Yellow (Thermoplastic) LF 1.01 .82. 75- 119 871 6" Solid White (Thermoplastic) LF 1.6 i 8"49..? / 120 287 12" Solid White (Thermoplastic) LF /, -39 573. 93 121 100 24" Solid White (Thermoplastic) LF 3.4.9 30y. 00 122 190 6" Skip White 10'-30' (Thermoplastic) LF f.0/ 19/. 9U [Net length of Thermoplastic Markings] 123 2 Arrow (Thermoplastic) EA 0,23 /3 y• y6 124 775 6"Solid Yellow (Paint) LF 0. 40 33a ,50 125 871 6" Solid Yellow(Paint) LF o,SO 936 11 126 287 12" Solid White (Paint) LF O.f 223. g 6 127 100 24"Solid White (Paint) LF f•tic, /90. 00 _ 128 190 6" Skip White 10'-30' (Paint) [Net length LF O. s-0 of Thermoplastic Paint] 9s. 00 129 2 Arrow(Paint) EA 30. IC 40. TO 130 13 Yellow Reflective Paint SY 3.9 Z CO , q 6 131 24 Reflective Pavement Marker(RPM) EA White/Red 7F• /00. 30 132 238 Reflective Pavement Marker(RPM) EA y,zo 99y, 60 Yellow/Yellow 133 2 Reflective Pavement Marker(RPM) Blue EAS.6,0 //. zQ / Blue 134 11 Remove and Dispose of Existing Sign EA 2P.01 30$. I and Post 135 22 Furnish and Install New Sign and New EA qqa s9 943c,• 9Y Post. 136 2 Relocate Existing Sign and Post /t,9, 09 336.•, l c/ MISCELLANEOUS 137 1 Off-Duty Police Services AL $5,000.00 ;r coo .60 TOTAL COST SU,o13. �3 , Mystic Pointe Drive Milling and Resurfacing City ofAvenlura Bid No. I8-06-13-2 CTA Project No. 01-0103-247 Addendum No. I 00410-5 Pay Item Notes This Bid Form is for the complete project depicted in the construction drawings and technical specifications. Contractor shall furnish and install all items, and provide work for all items described in Schedule of Values. Contractor shall obtain City of Aventura Public Works Permit. City shall pay any required permit fees. 102 Includes and is limited to all erosion control measures within the roadway limits (i.e., from curb to curb). The Contractor understands and agrees to the following: As per a contract between the City of Aventura and the PBA, police officers get a three (3) hour minimum for off duty work regardless if the detail is less than the three hours. The Contractor, or their representative, is authorized by the City of Aventura to approve off duty slips submitted by officers that reflect the actual time worked by the officer(s) assigned to a detail for the date indicated on the slip.The Contractor, or their representative, is not authorized by the City of Aventura to approve any off duty time that an officer 137 is not actually on site and working a specific detail as covered by this contract, except for the three (3) hour minimum. The Contractor, or their representative, agrees and understands that any request for payment regarding any portion of this contract is for amounts of actual expenses incurred by the Contractor in conjunction with the Work or services performed or rendered. Any amount less than the allotted amount will be retained by the City of Aventura; any amount that is over the allotted amount must be pre-approved by the City of Aventura prior to being expended. The Contractor will be reimbursed for any amount over the allotted amount as approved by the City. *BIDS SHALL BE AWARDED BY THE CITY TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. IN ANALYZING BIDS, THE CITY MAY ALSO TAKE INTO CONSIDERATION ALTERNATE AND UNIT PRICES. REFER TO SECTION 00710, GENERAL CONDITIONS, ARTICLE 2.1. Mystic Pointe Drive Milling and Resurfacing City of Aventura Bid No. 18-06-13-2 CTA Project No.01-0103-247 Addendum No. I 00410-6 MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES,INC. Date: June 19, 2018 To: Antonio F. Tomei, Capital Projects Manager Department of Public Works/Transportation From: Peter W. Aquart, PE,Consulting Engineer Reference: Mystic Pointe Drive Milling and Resurfacing Bid Number 18-06-13-2 We have reviewed the results for the above referenced request for bids. The following contractors submitted a bid: • RJ Spencer Construction, LLC • Pabon Engineering, Inc. • Williams Paving Company, Inc. • WeekIcy Asphalt Paving, Inc. • Triple Nickel Paving, Inc. • M & M Asphalt Maintenance, Inc. • Atlantic Southern Paving • Janice M. Riley, Inc. dba The Paving Lady • Metro Express, Inc. Enclosed is a bid tabulation spreadsheet showing all of the individual unit prices and extended prices (after correcting for extension and addition errors). The apparent low bidder is RJ Spencer Construction, LLC. However, they are not considered a responsive bidder due to an incomplete submittal. The next low bidder is Williams Paving Co, Inc. We consider them to be a responsible bidder. It is our opinion that Williams Paving Co., Inc. is the lowest responsible bidder and recommend awarding the contract to them for the total amount of$84.0 13.73. If you have any questions or require any additional information, please call. Enclosures: Bid Tabulation EP 8 $ $ 888888$ 8 8 8 88888 ^ ' 88 888928 88 : $ 88888 8 a r ` A as a s'xassE s a a sa.4Rs isms Walt 939 g oak! @ 5 a 4 e $ 8 888888 x 8 8 888 SS 2 222 288828 888 9 88$$8 8 4 E a as a axaaal a a a anaaa a» ,.„ dIddda _aa a -Ams§ a 3; 8 88 2 88888 A a 2 88888 gaga f$af 888 8 48888 8 a 12` 3 $g l 584144 - a 5 laaea gag Allah gall Sakai a 9 Er .F 1 a a8 d azaess . 98 ^^ 88888d ^ 8a g gas .5 1 i IE » sa a» a a 1 ewe Ing 8 AaAaaa Aux » „-Earna !s 8 al 8 888883 a 8 4 88888 ' sea 9 ' 2 ' 28 826 „ xA 28A 8 a 78 s t.a „ „=a«as a ! 3 8.44. 41 a»aa tial„a gat a asaaa a 2 § P 888 8 28888: 2 a 8 88888 ' "' 88 ^Rxxx2 ^ ^. '. AA.^. 8 a al a aaaaaa a a a lana. saga Rama ala R "ENE a a mai 8 $ 8 8 es841T $ u u SSW 2228, 4 2.gxex.8 Sap, 9 dgp$$ 31 3 33[1 9 a/saaR a x a 9§3a! Rail Sxsaaa.a all a ;Rasa i s la p a 8 F aaaaa ? R $ s 82288 22 : 2.2229$ app ' 24gAR :a . Xi a 55aaaa a • 5 a9,3d8 aaaa agaaaa ala a salts 2 i ' 4a 8 28 8 882288 8 8 ^ 88888 2a g08 $28 882 8 88888 B x ;' a as a walla a x dad a a 5� a$ XIII a331t3 Xaa a aasa.s a s ➢ ' a 88 8 484:x8 a 8 lt 2 $ 888 58880 : »1 c;gaaaa ala s 88888 8 ✓ 8 8 » & 311221 8 qqg Mil WI BB � fg8 RB8 8 8 p m gE j $a I ax4a a d xiiisg sass algals Sal RSA l 5 8"n iA B 8 aa a 8$$899 4 8 a $ 888 Rap 88aac9 288 g s Xaa 1� ; g &a a **Rall a — a alis. 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Y_ a g1 pp i- 'g _ e; € s p' I A 3EA A i adi 28 i :s la a A € _ a . - r? as ES 3 lit a !Ely 35 3Ei 3ela5 Eat aa- _e : 13 ! lt & 11 s Sgt $ 9e € f4E?= aitillaglE0$: IEisaa` €g EE liviry ,Sall ala g x,iilagi i °�12 s1r!flsni€$!f iiiagiS as as . '18 pEi €111 „ s E-ERE i ill11`iieax!3r . a aaa'! 5 { l 4 h$ 9al 6_ A 9a a.mme5 .4aL. rear 398s .:9F.% a2 d 22. 3Ciadla2`o it 3 292229 a s „s^ ^ 5 : 5 § a^Sea § a "a 2 R^2a ^ - 5S @ s€ A ii "s §§ §"s§§ s a 9 aniaa ? 598 3ay395 558 a ^F^ad"aa a 0 o. CITY OF AVENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: David M. Wolpin, City Attorney's Office DATE: July 5, 2018 SUBJECT: Resolution Approving Separation Agreement and Appointing Interim City Manager July 10, 2018 City Commission Agenda Item Se- Recommendation GRecommendation It is recommended that the City Commission adopt the attached Resolution. Background The Resolution serves to approve the Separation Agreement (the "Agreement") between Susan Grant and the City. The Agreement sets forth the details of the respective responsibilities of the parties. The Resolution also provides for the City Commission to appoint Joanne Carr as Interim City Manager of the City, pending the selection of the next City Manager. If you have any questions, please feel free to contact me. RESOLUTION NO. 2018- _ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE AND APPROVAL OF CITY MANAGER'S SEPARATION AGREEMENT; APPOINTING INTERIM CITY MANAGER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to approve and accept the attached Separation Agreement between the City and Susan Grant; and WHEREAS, the City Commission desires to appoint the City's long-time Community Development Director, Joanne Carr to serve as Interim City Manager, pending the selection of a new City Manager; and WHEREAS, the City Commission finds that the adoption of this Resolution is in the best interest of the City. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Separation Agreement Approved. That the City Commission hereby accepts and approves the Separation Agreement, in substantially the form attached hereto, and authorizes the Mayor to execute the Agreement on behalf of the City, once approved by the City Attorney as to form and legal sufficiency. Section 3. Interim City Manager Appointed. (A) That the City Commission hereby appoints Joanne Carr to serve as Interim City Manager of the City from and after June 25, 2018, for an indefinite term, pending selection of the next City Manager by the City Commission. City of Aventura Resolution No. 2018- (B) That Mrs. Carr's annual salary shall be increased by Twenty Thousand ($20,000.) Dollars for the duration of her service as Interim City Manager. Mrs.Carr's existing benefits of employment shall continue as presently provided, including, but not limited to, the annual merit pay bonus that is provided on October 1, 2018. The annual salary percentage increase which may be provided to city employees in October 2018, shall be provided to Mrs. Can in the form of a lump sum payment in lieu of the regular salary installment basis. (C) That Mrs. Carr, as she takes on and performs the additional duties of Interim City Manager, is authorized to assign all or part of her duties as Community Development Director to other city personnel and/or City consultants, as she finds in the best interest of the City and in accordance with the City budget. Section 4. Implementation. That the Interim City Manager and the authorized city officials are hereby each authorized to take any and all actions necessary to implement this Resolution and the Separation Agreement. Section 5. Effective Date. That this Resolution shall become effective immediately upon its adoption and shall be applied retroactively from and after June 25, 2018. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman _ Commissioner Dr. Linda Marks _ Commissioner Marc Narotsky _ Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018- PASSED AND ADOPTED THIS 10th day of July, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 SEPARATION AGREEMENT This Separation Agreement ("Agreement") is entered into by and between Susan L. Grant ("GRANT") and the City of Aventura, Florida (the "CITY"), jointly referred to herein as the "Parties." WHEREAS, GRANT is employed by the CITY as City Manager pursuant to an Employment Agreement dated November 7, 2017 (hereinafter referred to as the "Employment Agreement"); and WHEREAS, pursuant to Section 2.4 of the Employment Agreement, GRANT may voluntarily resign from CITY employment upon providing three(3)month advance written notice to the CITY,unless the Parties agree to a different timeframe; and WHEREAS, GRANT has decided to resign due to unforeseen circumstances and, therefore, will end her employment with the CITY upon mutually-agreeable terms; and WHEREAS, the CITY and GRANT have arrived at mutually agreeable terms whereby GRANT will agree to end her employment with the CITY on July 10,2018,and whereby the CITY will agree to compensate GRANT and perform other obligations, as set forth in more detail below. NOW, THEREFORE, in consideration of their mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows: 1. Recitals. The Recitals above are incorporated herein. 2. Last Day of Employment. The Parties agree that, conditioned upon the approval of the City Commission, GRANT's last day of employment with the CITY shall conclude on July 10, 2018 (although, as set forth below, she will provide consulting services to the City until 1 of 8 November 27, 2018). GRANT agrees that, upon the approval of this Agreement by the City Commission, her resignation has been accepted and is irrevocable. 3. Full and General Waiver of All Rights and Claims. A. Except for any claims arising pursuant to paragraph (9) below, GRANT hereby knowingly and voluntarily releases, waives, and forever discharges any and all claims, rights, demands, actions, or causes of actions, of any kind whatsoever, known or unknown, foreseen or unforeseen, foreseeable or unforeseeable, and any consequences thereof, which she has or may have against the CITY(including but not limited to, its current and former employees, agents, administrators, representatives, City Commission, successors and assigns) from the beginning of the world until the date of execution of this Agreement or the approval of this Agreement by the City Commission,whichever shall occur later, including, but not limited to, any claim(s) under: • The Employment Agreement; • Title VII of the Civil Rights Act of 1964; • The Civil Rights Act of 1991; • The Florida Civil Rights Act of 1992; • Sections 1981 through 1988 of Title 42 of the United States Code; The Constitutions of the United States and the State of Florida; • The Age Discrimination in Employment Act; • The Older Workers Benefit Protection Act; Florida Wage and Hour laws; Florida and federal whistle-blower laws, including § 112.3187, Florida Statutes; The Internal Revenue Code; • The Rehabilitation Act; • The Consolidated Omnibus Budget Reconciliation Act; • The Immigration Reform and Control Act of 1986; • The Americans with Disabilities Act of 1990; The Fair Labor Standards Act; The Equal Pay Act of 1963; The Family and Medical Leave Act of 1993; • Any other federal, state, or local civil or human rights law or any other federal, state, or local law, regulation, or ordinance; 2 of 8 The CITY's employment policies, whether written or oral, and regardless of whether contained in the CITY Charter, Code, employment manual/handbook or elsewhere; and/or Any public policy, contract or common law claims, including any tort claims(e.g., negligent or intentional infliction of emotional distress; negligent retention, supervision or training; defamation; assault; battery; false imprisonment; wrongful termination; loss of consortium; etc.), whether based on common law or otherwise. B. GRANT and the CITY acknowledge and agree that this release and waiver bars any claim or demand for damages, costs, fees, or other expenses, including attorneys' fees, incurred in connection with GRANT'S employment with the CITY, her separation from employment, or with any of the above-referenced claims, except as specifically provided in paragraph 5.f., below. GRANT and the CITY understand and agree that with respect to the claims GRANT is waiving in this Agreement, she is waiving not only the right to recover money or other relief in any action she might institute, but also that she is waiving any right to recover money or any other relief whatsoever in any action that might be brought on her behalf by any other person or entity, including but not limited to, the United States Equal Employment Opportunity Commission or any other federal, state or local government agency or department. C. GRANT and the CITY understand that the foregoing waiver and release fully and finally resolves and releases any and all disputes she may have against the CITY with respect to any alleged acts occurring before the Effective Date of this Agreement, whether those disputes presently are known or unknown, suspected or unsuspected, except as specifically provided in paragraph 5.f, below. 4. No Pending Lawsuits, Claims or Charges and Covenant Not to Sue. GRANT represents that she has no charges or claims pending against the CITY with any federal, state or local agency or department and that she does not have pending before any court any dispute of any 3 of 8 kind against the CITY. GRANT further represents and agrees that she will not hereinafter pursue, initiate, or cause to be instituted any dispute released herein against the CITY,and represents that she has not heretofore assigned or transferred, or purported to have assigned or transferred,to any entity or person, any dispute released herein. If it is determined that GRANT has any lawsuit, charge or claim of any kind pending against the CITY, then GRANT agrees to dismiss all such charges, claims and/or lawsuits with prejudice immediately upon execution of this Agreement. This paragraph(4) shall not impair the provisions of paragraph(9)below. 5. Consideration. In consideration of GRANT's waiver and release of all claims against the CITY, the Parties agree to the following: a. GRANT will serve as a consultant to the CITY, beginning on July 11, 2018, and ending November 27, 2018. GRANT will be available for consultation during this period, as necessary, whether by an Interim City Manager or new City Manager, other CITY staff, or members of the Commission, as well as to provide deposition testimony in any pending civil action, if requested or required. b. While serving as a consultant, GRANT'S total fee for services shall be based on the dollar value of 20 weeks of pay under her former City annual salary of $220,000, payable in one lump sum of $84,620 (less applicable withholdings), within 15 days of the effective date of her separation from CITY employment. c. The CITY will continue to pay the employer-portion of GRANT's health insurance premium until July 31, 2018, as well as all other contributions historically paid in connection with her employment with the CITY,and shall continue to pay CITY'S contribution to GRANT'S 401 account with the ICMA until and including July 10, 4 of 8 2018; and the employee portion, if any, will be deducted from GRANT's final paycheck. d. The CITY will provide GRANT with a lump sum payment for her accrued sick and vacation leave, as credited between her start date of November 27, 2017 and July 10,2018, totaling 108.23 hours(subject to confirmation and calculation by CITY'S Human Resources Division), payable within 15 days of the effective date of her separation from CITY employment. e. GRANT will be responsible for any income tax liability that results from any payment made pursuant to this Agreement. f. As set forth in Section 1.9 of the Employment Agreement, the indemnifications provided by the CITY shall survive this Agreement. The Parties agree and acknowledge that the foregoing constitutes good, valuable and sufficient consideration for GRANT's full waiver and release of all claims, and her fulfilling all of her promises as set forth herein. 6. Effective Date. This Agreement will become effective upon the execution of this Agreement by GRANT and the approval of the City Commission. Once executed by GRANT, GRANT's signature shall be irrevocable, pending final acceptance of this Agreement by the City Commission. 7. Confidentiality. GRANT agrees that, except as required by a lawful order of a court of competent jurisdiction or to the extent that she has received written authorization from the CITY, she will not, at any time or in any manner whatsoever, either directly or indirectly,reveal, 5 of 8 divulge, disclose, or communicate to any person, firm or corporation any CITY documents or information that are exempt or confidential under Chapter 119, Florida Statutes. 8. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Venue for any litigation arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. The Parties voluntarily waive any right to trial by jury in the event of any litigation between the Parties which in any way arises out of this Agreement. The prevailing party in any dispute under this provision shall be entitled to recover its/her reasonable attorneys' fees and costs from the non-prevailing party. 9. Non-Disparagement. GRANT agrees that she will not engage in any conduct or communication designed to disparage the CITY, its elected officials or City employees. CITY agrees that CITY, its elected officials, or CITY employees will not engage in any conduct or communication which is designed to disparage GRANT. 10. Attorney's Fees. Each party will be responsible for paying their own attorney's fees and costs incurred in connection with, or related to the subject matter of,this Agreement. 11. Severability. If any provision of this Agreement is declared illegal or unenforceable by any court of competent jurisdiction and if it cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect. The language of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly construed for or against either party. If the waiver language of this Agreement is declared unenforceable because of actions taken by GRANT or on her behalf, GRANT shall return all monies paid to her under this Agreement within ten (10)calendar days of 6 of 8 the date on which the Agreement is declared unenforceable and this Agreement shall immediately become null and void, and the CITY will owe nothing further pursuant to that Agreement. 12. Entire Agreement. This Agreement sets forth the entire agreement between the parties and shall supersede any and all prior agreements, understandings, whether written or oral, between the parties, except as otherwise specified in this Agreement. The Parties acknowledge that they have not relied on any representations,promises,or agreements of any kind made to each other in connection with their respective decisions to sign this Agreement except for those set forth in this Agreement. 13. Amendment. This Agreement may not be amended except by written agreement signed by all parties and approved by the City Commission. 14. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which that party believes is a violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument. A copy or .pdf version of this Agreement shall be considered the same as an original for all purposes. 16. Headings. Section headings are used herein for convenience of reference only and shall not affect the meaning of any provisions of this Agreement. 17. Acknowledgment. The Parties agree that they have carefully read,understand and fully considered this Agreement consisting of eight (8)pages. The Parties also acknowledge that 7 of 8 they enter into this Agreement voluntarily, without any pressure or coercion and with full knowledge of its significance. The terms of this Agreement are the product of compromise between the CITY and GRANT. IN WITNESS WHEREOF,the parties hereto knowingly and voluntarily executed this Agreement as of the date set forth below. SUSAN L. GRANT CITY OF AVENTURA / f By: k / �� hair By: :usan L. Gr t ,pp Enid Weisman, Mayor Date: �w Date: Attest: Ellisa L. Horvath, MMC, City Clerk Approved as to Legal Sufficiency for City's Reliance Only: City Attorney 8 of 8 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: jJJooanne Carr, Interim City Manage BY: li Brian K. Raducci, Finance Director DATE: July 6, 2018 SUBJECT: Change in Signatories — Bank of America Merrill Lynch July 10, 2018 City Commission Meeting Agenda Item 51-1 RECOMMENDATION It is recommended that the City Commission consider and approve the attached Resolution authorizing and directing the Interim City Manager to amend the list of authorized Bank of America Merrill Lynch bank account users for all accounts as set forth on certain bank forms. BACKGROUND Due to recent appointment of the new Interim City Manager, it is necessary for Bank of America Merrill Lynch to update its records in order to provide the appropriate City Representatives with proper access to the City's bank accounts. The City is responsible for informing Bank of America Merrill Lynch of these staffing changes so that the bank account signatories are current and to ensure proper internal controls. RESOLUTION NO 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Aventura ("City') previously authorized the use of Bank of America Merrill Lynch for Banking Services; and WHEREAS, as a result of recent staff changes, it is necessary to advise Bank of America Merrill Lynch of those changes and to revise certain bank forms to designate the appropriate City representatives who are authorized to have access to the City's accounts; and WHEREAS, the City Commission finds that it is in the best interests of the City to approve changes to certain bank forms in order to designate the appropriate City representatives who will have authority to access the City's accounts and to maintain proper internal controls; and WHEREAS, the term "City Manager" as used herein, also means the Interim City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Checks issued from or withdrawals made from accounts maintained by the City in public depositories shall be signed by the City Manager and Finance Director. City of Aventura Resolution No. 2018- Section 3. The City Manager be and the same is hereby authorized and directed to amend the list of authorized users for all Bank of America Merrill Lynch accounts as set forth on certain bank forms. Section 4. The City Manager and Finance Director are authorized to establish accounts from time to time on behalf of the City at Bank of America Merrill Lynch, as well as to operate and close such accounts and to designate persons to operate each such account including closing the account. Section 5. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman PASSED AND ADOPTED on this 10th day of July, 2018. Page 2 of 3 City of Aventura Resolution No.2018- MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Joanne Carr, AICP, Interim City Manage DATE: July 5, 2018 SUBJECT: Resolution Concerning City's Claim for Attorney's Fees in WIPOA vs. City Litigation July 10, 2018 City Commission Meeting Agenda Item 5= Recommendation It is recommended that the City Commission approve the attached Resolution concerning the City's 57.105, F.S., claim for attorney's fees in the WIPOA litigation and authorizing the acceptance of funds from the responsible parties. Background The City Attorney has drafted the proposed Resolution enabling the City to obtain recovery of$200,000. of attorney fees as described in the Resolution. If this Resolution is adopted, and the described payments are made to the City, it will amicably conclude and finally and fully resolve the City's recovery of court costs and attorney fees concerning the WIPOA litigation. If you have any questions, please feel free to contact me or City Attorneys Matthew Mandel and David Wolpin. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE OF SATISFACTION OF THE CITY'S CLAIMS FOR ATTORNEYS FEES, AS AUTHORIZED BY SECTION 57.105, FLORIDA STATUTES, CONCERNING THE LITIGATION KNOWN AS WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF AVENTURA, ET AL, CIRCUIT COURT CASE NO. 13-15004, IN WHICH LITIGATION THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 23, 2013, the Williams Island Property Owners Association (WIPOA) filed a lawsuit (to-wit: Williams Island Property Owners Association, Inc., vs. City of Aventura, et al, Circuit Court Case No. 13- 15004) (the"Litigation")against the City of Aventura, in an attempt to attack the City's recognition of the developer's vested rights for the development of the Prive multifamily development on the North Island, as described in the Vested Rights Agreement which was recorded in the Official Records of Miami-Dade County,Florida on January 23, 2006; and WHEREAS, during the course of the Litigation, the City timely invoked the attorney fee recovery provisions of Section 57.105, F.S.; and WHEREAS, by Order issued in its favor on July 27, 2017, the City of Aventura's motion for summary judgment was granted, upon the Court finding that the challenge to the Vested Rights Agreement was barred by the five(5) year statute of limitations; and WHEREAS, the City has timely filed its Motion for Attorney Fees in accordance with Section 57.105, F.S.; and WHEREAS,the responsible parties desire to amicably resolve and satisfy the City's claim for attorney fees as provided in the attached Joint Settlement Agreement (the "Agreement"); and WHEREAS, the City Commission, upon advice of the City Attorney,desires to accept the respective payment of funds from WIPOA and from WIPOA's legal counsel that initiated and maintained the litigation, in satisfaction of City's claim for attorney fees, as described in the Agreement; and WHEREAS, the City Commission finds that the adoption of this Resolution is in the best interest of the City and of the residents of the City. City of Aventura Resolution No.2018- NOW,THEREFORE, BE IT RESOLVED BY THE. CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Settlement of City's Attorney Fee Claims. That the City Commission hereby accepts the proposed settlement of the City's claims for attorney fees, and approves the attached Agreement, in substantially the form attached hereto, and authorizes the Interim City Manager to execute the Agreement on behalf of the City,once approved by the City Attorney as to form and legal sufficiency. Section 3. Implementation. That the Interim City Manager and City Attorney are hereby authorized to take any and all actions which are necessary to implement this Resolution and the Agreement. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Absent, did not participate Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018- PASSED AND ADOPTED THIS 10`h day of July, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 JOINT SETTLEMENT AGREEMENT This Joint Settlement Agreement is made and entered into this 10th day of July 2018 ("Agreement") and sets forth the terms and conditions upon which the City of Aventura (the "City"), Williams Island Property Owners' Association,Inc. ("WIPOA"), and Michael L. Hyman, Esq., and Siegfried, Rivera, Hyman, Lerner, De La Tone, Mars & Sobel, P.A. (collectively, "Siegfried Rivera"), agree to a full and complete resolution and settlement as to all monies being sought by the City against WIPOA and Siegfried Rivera pursuant to the City's Motion for Attorneys' Fees under Section 57.105, Florida Statutes(the "Motion"), in Case No.: 13-15004 CA 09,pending in the Circuit Court of the 1 Ph Judicial Circuit in and for Miami-Dade County, Florida (the"Litigation"). Collectively,the City, WIPOA, and Siegfried Rivera may from time to time be referred to as the"Parties." The Parties agree as follows: 1. The Parties represent and warrant they are in good standing or otherwise sui jurir, have the authority and ability to enter into this Agreement, and that doing so is not ultra vires or in conflict with their governing articles of organization, articles of incorporation, bylaws, charter, statutes, rules or regulations. 2. This Agreement is entered into without the admission of guilt or liability by any party. 3. WIPOA and Siegfried Rivera expressly deny any liability to the City for any amounts claimed by the City in the Litigation. 4. WIPOA agrees to pay to the City the sum of One Hundred Twenty-Five Thousand Dollars ($125,000) (the "WIPOA Payment")upon the Agreement becoming effective as set forth and pursuant to Paragraph 6. 5. Siegfried Rivera is desirous of making a contribution in the amount of Seventy- Joint Settlement Agreement Page 2 Five Thousand U.S. Dollars($75,000)to the City for the City's charter high school("the Siegfried Payment")consistent with Siegfried Rivera s long-standing support for similar Charter Schools in Miami-Dade County, Florida, upon the Agreement becoming effective as set forth and pursuant to Paragraph 6. 6. Upon the execution of the Agreement by the Parties, including as to the City pursuant to the requirements of Paragraph 14 of the Agreement, the Agreement shall become effective,at which time, WIPOA will file a Notice of Voluntary Dismissal with Prejudice as to the Litigation, and the City shall file a Notice of Withdrawal of the Motion with Prejudice and agrees that it will not seek any further recourse whatsoever against WIPOA and Siegfried Rivera and WIPOA and Siegfried Rivera agree to make the WIPOA Payment and the Siegfried Payment, respectively, in full within 7 calendar days after the Agreement becomes effective. 7. No copy of this Agreement shall be filed in this Litigation except that this Agreement may be filed with the Court in any action or motion to enforce the terms of this Agreement. 8. This Agreement shall be governed by, enforced under,and construed in accordance with the laws of the State of Florida, and the Parties specifically agree that the courts of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, shall be the sole venue for the resolution of any and all disputes and actions arising out of or related to this Agreement,and further agree that the Court shall retain jurisdiction for the enforcement of this Agreement and its terms. 9. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same document. This Agreement may also be executed by way of facsimile or e-mail transmitted documents in lieu of original signatures and a signed copy produced by facsimile or e-mail transmission shall be binding upon all Parties as an original and fully admissible in any legal proceeding regarding this Joint Settlement Agreement Page 3 Agreement, notwithstanding the best evidence rule or any similar rule. Each of the Parties executing this Agreement further acknowledges that said Party's signature that is affixed to this Agreement is a valid and effectual electronic signature, as defined by Sec. 668.003(4), Florida Statutes; and that,as provided by Sec. 668.004, Florida Statutes,each of said signatures shall have the same force and effect as a written signature. 10. This Agreement sets forth the complete and entire agreement by and between the parties and shall only be modified by written instrument executed by the Parties and dated subsequent to the date of this Agreement. None of the Parties have relied upon any oral representations of any other party in entering into the Agreement, and all Parties have been afforded the opportunity to consult with (and have consulted with)counsel of their choice prior to executing this Agreement. 11. Upon the City's receipt of the payment and contribution set forth in Paragraphs 4 and 5, this Agreement shall operate as a General Release between and among the Parties with respect to all claims that were made or could have been made in the Litigation. 12. Should it become necessary for counsel to be retained for the purposes of enforcing or defending any rights afforded to any Party to this Agreement, including contesting, disputing, seeking declaratory hearing or litigation, concerning any of the terms or provisions of this Agreement,the prevailing party shall be entitled to recover all reasonable costs and attorneys' fees incurred. 13. Any individual(s) executing this Agreement in a representative capacity hereby represents and warrants that he/she has the necessary authority to execute this Agreement on behalf of the entity for which he/she is signing, and has the authority to bind that entity to the terms hereof 14. This Agreement is contingent upon the approval by the City Commission during a Joint Settlement Agreement Page 4 properly noticed public meeting, and shall be in full force and effect once approved by the City Commission and executed by the City Manager. Should the City Commission not approve the Agreement set forth herein, the terms of this Agreement shall be deemed null and void, and the Parties are restored to the same positions they were in as of June 6, 2018. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first written above. WITNESS: WIPOA By: Print Name: Title: SIEGFRIED, RIVERA, HYMAN, LERNER, DE LA TORRE, MARS & SOBEL, P.A. By: Print Name: Title: MICHAEL L. HYMAN, ESQ. By: CITY OF AVENTURA ATTEST: By: City Manager CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, AIC P Interim City Manager DATE: July 5, 2018 SUBJECT: Request of Herbert and Cynthia Zucker for Conditional Use approval to permit construction of a rooftop addition to an existing residential penthouse unit in the RMF4, Multifamily High Density Residential District, where the proposed addition has a height of 26 stories or 272.5 feet and where a maximum height of 25 stories or 250 feet is permitted by Code, for a unit in the Hamptons West condominium at 20281 East Country Club Drive, City of Aventura (04-CU-18) July 10, 2018 City Commission Meeting Agenda Item (4 RECOMMENDATION It is recommended that the City Commission approve the request for conditional use approval to allow a rooftop addition to an existing residential penthouse unit in the RMF4, Multifamily High Density Residential District, where the proposed addition has a height of 26 stories or 272.5 feet and where a maximum height of 25 stories or 250 feet is permitted by Code, for a unit in the Hamptons West condominium at 20281 East Country Club Drive, City of Aventura, with the following conditions: 1. The applicant shall obtain all necessary permits for the addition and for the first floor interior remodeling; and 2. Plans submitted for building permits shall substantially comply with the plans submitted as part of this application; and 3. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be null and void unless extended by a motion of the City Commission; and 4. Any discontinuation of the approved conditional use for a period of one hundred and eighty (180) consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicants, Herbert and Cynthia Zucker, are requesting conditional use approval to allow a rooftop addition to their penthouse unit in the Hamptons West condominium, where the height of the rooftop addition is proposed at 26 stories or 272.5 feet and the maximum height allowed in the RMF4, Multifamily High Density Residential District is 25 stories or 250 feet. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Herbert and Cynthia Zucker APPLICANT Herbert and Cynthia Zucker ADDRESS OF PROPERTY 20281 East Country Club Drive Units PH-4 and PH-6 Hamptons West Condominium See Exhibit#2 for Location Plan LEGAL DESCRIPTION Condominium Units No. PH4 and PH6 of The Hamptons West, a condominium according to the Declaration of Condominium recorded in OR Book 12321, Page 2200 and all exhibits and amendments thereof, Public Records of Miami-Dade County, Florida, together with an undivided interest in the common elements appurtenant thereto EXISTING ZONING RMF4, Multifamily High Density Residential District FUTURE LAND USE DESIGNATION Medium High Density Residential Zoning — Subject property: RMF4 Multifamily High Density Residential District Property to the North: RMF4 Multifamily High Density Residential District Property to the South: RMF4 Multifamily High Density Residential District Property to the East: CNS Conservation District Property to the West: ROS Recreation Open Space District Existing Use— Subject property: Residential Condominium Property to the North: Residential Condominium Property to the South: Residential Condominium Property to the East: Water 2 Property to the West: Golf Course Future Land Use Designation - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Medium-High Density Residential Property to the North: Medium-High Density Residential Property to the South: Medium High Density Residential Property to the East: Water Property to the West: Parks and Recreation The Site - The subject site is located in the Hamptons West condominium building on the east side of East Country Club Drive. The Project — The applicants have submitted an application for site plan revision approval to construct a rooftop addition to existing penthouse units PH4 and PH6 of the Hamptons West condominium building. The two penthouse units are combined as one unit through Demolition Permit No.17-954 issued by the City on April 5, 2017. The first floor of the unit, on the 25th floor, is to be remodeled with 2 bedrooms, den, living room, dining room and kitchen. The proposed rooftop addition, on Floor 26, consists of a 1,783 square foot pool deck with a roof height of 255 feet, a 1,861 square foot master bedroom and covered lanai with a roof height of 270 feet and an upper spa deck at a height of 272.5 feet. A cross section of the proposed pool deck, bedroom and spa deck plan, along with proposed interior floor plans is attached as Exhibit #3 to this staff report. The height of the main roof of the Hamptons West condominium building is 250 feet, which is the maximum height allowed in the RMF4, Multifamily High Density Residential District. Building height, according to the definition of "height" in the Land Development Regulations, is the vertical distance between the finished elevation at the center of the front of the building to the highest point of the roof surface, excluding mechanical equipment. The existing 250 foot height of the condominium building is the height to the roof surface. As shown on the cross section attached, there is an existing residential spa deck and an enclosure on a neighboring penthouse unit that are above the roofline, measuring 261 feet high. There is also a rooftop cooling tower enclosure with a top level of 288 feet. The maximum floor area ratio for the Hamptons West condominium is 2.0. The site data on the attached cross section shows existing building floor area ratio at 1.65. The enclosed portion of the proposed rooftop addition, or 1,862 square feet, increases the floor area ratio to 1.66, which is below the maximum 2.0 permitted by Code. 3 ANALYSIS OF THE REQUEST Citizen Comments -The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis — The property is located in the RMF4, Multifamily High Density Residential District. The Hamptons West condominium was built in 1985, prior to incorporation of the City; however, the existing roof height does comply with the maximum height of 25 stories or 250 feet permitted by Section 31- 143(f)(3)b of the City Code. Section 31-143(f)(2a)b. of the City Code provides that uses exceeding the height limitation, to a maximum height of 30 stories or 300 feet, may be allowed following conditional use approval. The applicants are requesting conditional use approval to allow a rooftop addition to the penthouse unit, where the addition has a maximum height of 26 stories and 272.5 feet. Criteria The guidelines for approval of conditional uses are provided in Section 31-73(c) of the City's Land Development Regulations, as follows: Section 31-73— Conditional Uses 31-73(c) General Standards of review. In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses shall meet each of the following standards: (a) The proposed use shall be consistent with the comprehensive plan. The proposed residential use of the rooftop addition is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Medium-High Density Residential. In this category, high rise apartments are permitted. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed rooftop addition will not be detrimental to or endanger the public health, safety or general welfare. The applicants will be required to obtain all necessary approvals and permits to construct the addition, including condominium association and City approvals and permits.. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the community character of the immediate neighborhood. The proposed addition is for residential use. There is an existing rooftop addition immediately adjacent to the applicants' unit. There are existing residential uses 4 to the north and south, a golf course to the west and the Intracoastal Waterway to the east. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, exist at the City's adopted levels of service. The proposed rooftop addition will not result in a change to the current level of service. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the condominium building exists. The rooftop addition creates no impact on traffic congestion. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use will not impede the development of surrounding properties for uses permitted in the zoning district. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed addition has been designed to minimize adverse effects, including visual impacts, of the proposed use on adjacent property. It is on the rooftop of a 25 story residential building. The height of the proposed addition is 272.5 feet, which is lower than the top level of the cooling tower enclosure at 288 feet. 5 BERCOW RADELL FERNANDGZ & LARKIN ZONING, LANG USE ANO ENVIRONMENTAL LAW DIRECT LINE:305-377-6238 E-MAIL: mmarrero@brzoninglaw.com UtifTY DEVELOPMENT rY OF AVENTURA VIA FACSIMLE AND E-MAIL MAY ? 2018 May 23, 2018 IN.TIAL Ms. Joanne Can Community Development Director City of Aventura 19200 West Country Club Drive,4th Floor Aventura,Florida 33180 Re: Conditional Use for Zucker Residence at Hampton's West I Dear Joanne: This law firm represents Herbert and Cynthia Zucker (the "Applicant"), the owners of units PH4 and PH6 in the Hampton's West, I Condominium located at 20281 E. Country Club Drive, Aventura, Florida (and further identified by Miami-Dade County Folio Nos: 28-1235-030-0960 and 28-1235-030-1440). Mr. Zucker and his family have hired Robert Swedroe to prepare a set of architectural plans for improvements to the roof limited common elements above the units. See attached Exhibit A. Proposal. Pursuant to the allowed limited common elements in the Hamptons West I Condominium documents, the Zuckers, with condominium board approval, are permitted to develop upon the limited common elements associated with their unit. The proposal would include a rooftop addition to the unit that would result in height of up to 276 feet for the newly developed unit. That height exceeds the maximum permitted height under the current code for RMF4, which is 250 feet. The existing height of the structure where the unit is located already exceeds the 250 feet maximum, and there are other structures on the site, such as the cooling tower, which far exceed the height at 288 feet. Nevertheless, these existing structures are permitted to remain without any additional approvals as legal nonconforming improvements, as they were constructed prior to the adoption of a 250 foot as-of-right Exhibit 1 04-CU-18 SOUTHEAST RNANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUITE 850•MIAMI, FLORIDA 33131 PHONE.388.810.5388•PA%.388.3!7.8222•NM/W.BRZONINOLAW.COM Ms.Joanne Carr May 23,2018 Page 2 height limitation. The City Code does permit a height of up to 300 feet with a conditional use approval from the City Commission. Conditional Use Criteria. Pursuant to the City's Land Development Regulations, the following standards should be considered when reviewing a request for conditional use approval: (1) The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the City's objectives of environmental stewardship and responsible development. The additional height is permitted by the City Code and the Comprehensive Plan through an application for a conditional use permit. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; The addition to one unit is not expected to have any detrimental impact to the public health, safety or general welfare of the residents of the City. All improvements will be subject to building permit review and will require compliance with the Florida Building Code. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; The Property is consistent with community character of the immediate neighborhood. In fact, there are structures that already exist on the Hamptons West I property with a height that far exceeds what is being requested by the Applicant. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs; The Project is not expected to result in a failure of the City's adopted levels of service. The request will simply add floor area to any existing unit but will not increase the number of units in the building. As a result, no impact is expected. BERCOW RADELL FrRNANDEZ & LARKIN ZONING. LANG USE AND ENVIRONMENTAL LAW Ms.Joanne Carr May 23, 2018 Page 3 (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; Since no additional units or impact is expected, this is not applicable. (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and There is nothing to suggest that the approval of the project and its conditional uses will have any detrimental effect on the ability of surrounding properties to develop for uses permitted in their zoning districts. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks,buffers, landscaping and other design criteria. The visual impacts are expected to be minimal and likely unperceivable. But again, structures already existing that far exceed the height proposed. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero BERCOW RADELL FERNANDEZ St LARKIN ZONING. LAND USE ANO ENVIRONMENTAL LAW BROWAR-C-LINTY I I I•{y lime wryer maeleL7:w joi, ._,_ — DADE COUNTY ^ Gulfstream A'B VA HI e+emwramemrra •• !'ark VA HT B DR. • ,� "MARINA • Arrnurru O HARBOR COVE • Nnspirnl S4 - WAY CIRCLE • &Medlrul 0 w WAY • • .• Ciii ©r ��, to, INER � • • : • . m0 1 � Waterways J I 0 WATERWAYS B VLIl—� ShoPPes 207 ST J • to W W • ;•• a < COUNTRY CLUB DR. • '1. The'6205 ' M • • Promenade V • i • ll Shops M O Or. LO • IVES DAIRY AD. .• 203 ST Ol<Lr • . • [ Ir ji lc) ,......_4 r' Subject Property ci 201 TER m N O t Jae • • z m R • a . 111 AVENTURA 00 D n 8 e. . , 3e •iyRacon a ,• Station DbG J / Aventura Ma![ ke t• .- . O YAOHT re i \City of Aventura ,1��. ° 1118 rJ Government Center F' 19257. �■ WILLIAM�`EH Q, • 192ST. " . O 191 ST. 1 N. pt' ' ,• 19057 MYSTIC •• X ;: laehmanni ) • G Fashion w -1 • 3 i• Island o, __ • 188 ST • • N • MIAMI %• 187 ST . 33180 • GARDENS DR. r• _ _ _ • a ._- - -;-T� , .---•—'—'33 60E 1 • 183 ST Dumlound/mg • (kyr- t Bay • �. U litae z 7, Williams • • Lµpm arboBiscayne 8o Sep' Mable w Ur Sound i , take •F 'z Popo I ct •p>< +ti' • r i • • c •• .r. TPP cp. 4,..., - 7 E: Maue _ LEGEND 1� ; tit = _ Roadways -"S. City Boundary ' _ w —.—.— ZIP Code Boundary .18 A: - Railroad • • Exhibit 2 I I 04-CU-18 Exhibit 3 04-CU-18 R MAIN RooF EL+255 LOCATION PLAN HONING DISTRICT- — RMF4.HIGH DENSITY RESIDENTIAL MAXIMUM HEIGHT 25 STORIES/]91 NORI COONAL USE ALLOWS FOR 30 STORIES/SOI. WAIVER MAY ALLOW FOR u.exw CURRENT35 STORIED ME illitilli HT.OF BUILDING. 25O TO MAIN ROOF HEIGHTIN35 HEIGHTOPMPLH.FQUIPMf. — 9 EXISTING COOLING TOWER PROFA D HEIGEXISTINGMAIN ROOF ]E6]]SF �� MAXMWITH ADDITION 270TO ROOF/UPPER DECK Mg 1:1.3: . R 199 PROENCLOSED 1.862 SE (57%RO CURRENT A. 65 ROOFTOP DRION (57%RPoPAREA) PROPOSED ADDITIONAL .A.0. 00' 1.644 GROSS S.P) ' PROPOSED EW F.ARTOTAL FOOTPRINT 3.6445F. TTH ADDITION- - I$ IRCOPFOPADDrTION 011%ROOF AREA] HMF4 DENSITY IS Nano EXCEED 45 UNITS PER GROSS ACRE. AMnoxS WEST TOWER IS 31 UNITS PER GROSS ACRE-ND CHANGE WITH GRAPHIC FLOOR PLAN PROPOSED RESIDENTIAL ADDITION. - SCALE-i"=J0' LOBBY,MFERANMD TYPICAL PENTHOUSE.TOWER SUTIE FLOORS. 799.165 GROSS SQUARE FEETONCLUDINO TERRACES] THE **,R Te PIONS PROPOSED RESIDENTIAL ADDITION= THE CONDOMINIUM WEST W R 3,644 GROSS TOTAL S.P.=O]5%OP THE GROSS TOTAL OF m.o.sssos2ONOAMR]NM R WEFT TOWVE EXISTING BUILDING GROSS SPACE-OR ee 10]81 AVENTUNIRYCLUBEORR'E B621MP OR SQUARE FEET-0024 OF THE GROSS TOTAL OF AVENfURA,a 33180 EXISTING BUILDING GROSS SPACE ------- ----------- `^" �" PROPOSED THIS INCLUDES ALL GROSS SQUARE FOOTAGE OF EXISTING BUILDING GRAPHIC PLAN&SECTION INCLUDING UNIT FLOOR TERRACES PUBLIC CORRIDORS ELEVATOR LOBBIES FORRIDENTIAL VnrTS LOCATED AT LOBBY AND M77ANINE LEVELS ANO —" - ALL INTERIOR PUBLIC SPACES LOCATED AT LOBBY AND MmN E LEVbLS ..... Fk1res, t r^m+ �"' UNIT PH2606/04 Yr—._mnl®eoIMIP -. !. —.due GRAPHIC SECTION SCALE-I"=30' I - Oilf _ ° I:71z 0 0 ✓ 04 � �� .........._ � O V n U [llici #4 X23 H i Li ,.___ g 0 , I ,,, , 7 o "474;74.,�i Wx{ i a .�__ or y debF LEVEL I - PH2604/2606 e ta R., sa o 3: PROPOSED RESIDENCE FOR HERBERT & CYNTHIA ZUCKER i6 LEVEL 1-PH2604/2606 1 — SK-6 -_ WAN _ r®.= —Ar-ArI DECEMBER 6,2017 — I x U N 1-1Z H z 8 023 aa — atst. 9 tx w �k4 ulti_� 2 o W - vLij — — a4 , 4, p 1 III . � � X1parote 1 L _OK, 4 1111 'c,. a�i��.� . �� __ AinvailzatimeaNalUssella -• Oji UPPER DECK - PH2604/2606 W d ': � PROPOSED RESIDENCE FOR HERBERT & CYNTHIA ZUCKER o yp SK-6 DECEMBER 6,201'! APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(bX2)(I)of the City of Avemua Land Oeselopinert Code,this Applbeol RepresenlaUve AfMavit is hereby made and suwmilletl. The uiereipred waoreed represenlathe of the individual or entity applying for the Development Permit,whsle is identified in the accompanying application,ant the sonar of the properly subject lathe apple lion fir different)hereby lisle and identifies al pampa repose :Mg the Individual or entity applying or the Devebprenl Pemw in connection war the appicebn,as follows: Name Relationship (.a Ananeys,ArcNtepe,Landscape Architects,Engineers,Lobbyists,Etc.) ;Ike uln Colts f Je . Apree✓d +++Orr el, btu r. "'lac(erg fit+ Fors (Attach Additional Sheets If Necessary) d NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANN PERSON USTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING IRON THE INDIVIDUAL OR ENTRY 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.31-711BIMOV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE.!NINE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE OFORIMTION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS My HAND THIS DAY OF ,2ND . .e— AUTH,I7PAPPkiBNVT: OWNER i/j BY By:OWNER/ M Narna:PlI Lkd l arren Name, Herb:- r .r a1+o ✓cka— n ' Titre, 4f Title: Oi° r Amlesekn S� �iSC-o+lw I�lv(j/j'XS"a Addleeer3`34-i €. Crwrifir C(A Dr1Ky/MY Mr m., FL 33/31 .gvtm-1, r. PL 3'stSU ryyt, STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ) A Belpre me the undersigned authority personally appeared /(Rrrylf/ Zai , • . .:pesemak a d the A kept aiNor the omen of the m application, ngby j . pp property subject to the a timEM, who bei firstme • � �• �• • � Ndshe executed this Affidavit for the auryoses stated(herein and that a is nue and corn&. /�%!'�— -��a Aeli/bio A; Emily SWORN TO AND SUBSCRIBED BEFORE ME thIsZSday of Ty AC ,2016 ' Y Notary Public St\o`bride At Large Printed Name of Not PYun, �lAMQI My commission esq*es: 'f'1e 1.1 y1nStale a Florid a J Diana Ramos Aat MEyCasW1eaal20Faelila 0.-1 BUSINESS RELATIONSHIP AFFIDAVIT' This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Avaebre land Development Cala The undempad Aran]hereby dirkees that (nwkwah Y applicable Palos only) Mt. Anent does tifti haven Business Relatoml4 with any member done City Commission or any City Advisory Board to which the application will be presented 112. Aman hereby discloses that d.4ttsASSB a Business RaIMimehip with a member of the Cu?Commission or a City Advisory Beard to which the eppkcaiion w11 be presented,as/glows: (List name of Commissioner a Mvtsay Board Member) who serves an the (List City CamMssion or City Advisory Board upon which member serves). The nature of the Business RelMionship is at fSbws: (I i. Member of City Commission a Board holds an amership interest in excess of I%d total assets orapicalMock ofAppficnt a RapresntaOw: (I ii. Mamba el City Germiston a Board is a partner.co-shareholder(n to shares of a corparnon which are nal listed on any national a regional sock*chats)a Mal vnWa with the Appload or Representative In any business venture; (Iill The Appknl a Representative is a Clint d a member d the ON Commission or Board or a Client d another professional working from the same office a or the same employer as are member of the Clly Commission a Board I]iv. A Ciy Commissioner a Bard mamba is a Cleft of the Appkant or Representative', II v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of It a her empbrer)and transacts arae Nn$10,000.00 of the boniness d the member of the CM Commission or Bard(a his or her employes)in a given csmdsr year; ()W. The member of the Cly Commission or Board b a Custom.of 0e Applicant a Repesaitra and bansecb more than$25,000.00 of The business S the Appian(or Representative in a given calendar year. WITNESS MY HAND THIS_ AY OF 200_ APPL! By /�jN[ , (Syraxae) Name:fl? k... j. M o?yn Otia4 Tale: &*-ta(eel magi WITNESS MY s HIS DAY OF 200_ PROPERTY s 1� By: ,��//%%Afir_ (sgahae) Name: ' ffschrI(a Wpnc - (area) Tito iraFn Pr (aind The terms 'Business Grt gshift V/leit' Vusloma;' ispptta,*- 'Re{resereativ and interested Person'are defined k Sect,2.395 of me A ,1tra City Code. 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AFFAIR SWORN WAND SUMMED bann!his Jaya_ „LOOI NdwPuPui1n SIMeofMaeNLit RNmdNmlupey My0ememelM Mpket___ Ca ECP NTYOFAMOA ) CWNTYOFNIWgMM) &Nmn ae wubelgnedtt*,,mortally moral __ _Malan).who Oily it by n duly mom del war a.Mnn Pal hats 100.4 11212 A4 M bed pepeee SIN Peak end OA O N bed AS owed AFNM SWORNToAM0 SUBSCRIBED hive nM. _ay a _._100, NMYy14110 Rale IFMAM Ledo Ptinuo lealbby — —. eAymeMWoneMhec—_. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE CONSTRUCTION OF A ROOFTOP ADDITION TO AN EXISTING RESIDENTIAL PENTHOUSE UNIT IN THE RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, WHERE THE PROPOSED ADDITION HAS A HEIGHT OF 26 STORIES OR 272.5 FEET AND WHERE A MAXIMUM HEIGHT OF 25 STORIES OR 250 FEET IS PERMITTED BY CODE, FOR PROPERTY WITH MUNICIPAL ADDRESS 20281 EAST COUNTRY CLUB DRIVE, PH4 AND PH6, CITY OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multifamily High Density Residential District; and WHEREAS, the Applicants, Herbert and Cynthia Zucker, through Application No. 04-CU-18, have requested conditional use approval to permit the construction of a rooftop addition to an existing penthouse unit at the Hamptons West condominium building with a maximum height of 26 stories or 272.5 feet, where a maximum height of 25 stories or 250 feet is permitted by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the application for conditional use and finds that the conditional use requested meets the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations; NOW, THEREFORE, BE IF RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 04-CU-18 for conditional use approval of a rooftop addition to the existing residential penthouse, where the proposed addition has a height of 26 stories or 272.5 feet and where a maximum height of 25 stories or 250 feet is permitted by Code, on land described in Exhibit "A" is hereby granted, subject to the following conditions: 1. The applicant shall obtain all necessary permits for the addition and for the first floor interior remodeling; and City of Aventura Resolution No. 2018- 2. Plans submitted for building permits shall substantially comply with the plans submitted as part of this application; and 3. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be null and void unless extended by a motion of the City Commission; and 4. Any discontinuation of the approved conditional use for a period of one hundred and eighty (180) consecutive days shall constitute abandonment and shall rescind this approval. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166 033 Florida Statutes as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 4 City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 10th day of July, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 4 City of Aventura Resolution No. 2018-_ EXHIBIT A Legal Description of Land Condominium Unit No. PH4 and Unit No. PH6 of THE HAMPTONS WEST, a condominium, according to The Declaration of Condominium recorded in OR Book 12321, page 2200 and all exhibits and amendments thereof, Public Records of Miami Dade County, Florida, together with an undivided interest in the common elements appurtenant thereto. Page 4 of 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, AICP ('\ Interim City Manage 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) July 10, 2018 Local Planning Agency Meeting Agenda Item.jk July 10, 2018 City Commission Meeting Agenda Item 74 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 residential/limited 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, aed 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 a7 erman CITY CF FAv..,.i Ui,A Neisen O.Kasdin K ip 2 6 20',8 Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 INMAL 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.ccm 45018409;1 Joanne Carr April 26,2018 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[j y1{',LLP IJII� 4 'f Nelsen 0. Kasdin cc: Susan L. Grant,City Manager David M.Wolpin,City Attorney 45018409;1 Exhibit A CITY OF AVENTURA 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-M9. 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 Pursuant to Section 31-71(b)(2)3)of the City of Aventura Land Development Code.this Applicant Representative Affidavit is hereby made and submitted. The undersigned autharized representative of the individual or entity applying for the Development Permit,which is identified in the acanparying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons represeiting the individual or entity ap�Y' ying for the Development Permit in connect with the application,as follows'. Name Relationship (S.Attorneys,Architects,Landscape Architects.Engineers,Lobbyists.Etc.) Nelsen O. Kasdin Attorney Marissa!R.Amuial Attorney Cecelia Ward Planner Bemardo 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 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(B)(2)0V)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. i WITNESS MY HAND THIS 17744 DAY OF /2rpri I ,200 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER ' r By: By: !S (signature) Name: Name: r• -SSS (flint) /Wigg Tide: Title: P KEsrocAti Address: Address: 214 Li 34 N- '4/ 4/44 1001g STATE OF FkSRIBA NY ) COUNTY OF MMMHBABE)7.70,Y"eV. Before me the undersigned authority personally appeared ..:N. Q.H Cl" - as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by • duly sworn, did s :- • affirm that he/she executed this Affidavit for the purposes stated therein and that it is We and 03rrect. ' a —. • AFF'NT SWORN TO AND SUBSCRIBED BEFORE ME this fl day of A 1 2'.. . • . Notary Publ. Stateo Flt•illaA1 tge 'eva ,o Printed Nan of Notary£lrzanSCtra-Lgosr • My commissionexpires:...SufG . 8 V BUSINESS RELATIONSHIP AFFIDAVIT` This Nfidavtl is made pursuant lc Section 31.71(b)(2)(ii)d the City of Aventura Land Development Code. The undersigned Akan hereby discloses that (mark with'x'applicable portions only) KI I. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. 12 Affianl hereby discloses that it does have a Business Relationship with a member of the Cily Commission or a City Advisory Board to which the appicalun wit be presented,as tallows: (List name of Commissioner or Advisory Board Member) who serves m the (List City Commission or Cily Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I I i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stork of Applicant or Representative; I]ii. Member of City Commission or Board is a partner,ensharehoder(as to shares of a corporation which are nd listed an any national or regional On exchange)or joint venturer with the Applicant or Representative in any business venture; I I O. The Applicant or Represenlative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board: I I iv. A City Commissioner or Board member is a Client of the Applicant or Representative: I iv The Applicant or Representative is a Customs of the member of the Cily Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and frarsads 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: (Signature) Name: (Print) Tae (Prim) WI ESS MY HAND THIS fg DAY OF Ayrl I _,20p0 PROPERTY J NER: By: Ifrlrr9 (sgnature) Name: !WAN' AN 0 4 (Print) Tine: — (Prix) 'The terms 'Business Relatimnship' 'Chem," 'Customer" 'Applkant, 'Representative'and interested Person'are defined in Section 2-395 o/the Aventura City Code. NOTARIZATION PROVISION STATER FLORIDA I COUNTY OF MIAMI-DADE) i Before me,the undersigned authority,personally appeared MAB, Y&ALSS : . .;nt who being first by me• .won.did swear or affirm that heJie exeated mu Amdait b me purposes stated therein and mal it is hue and mnecl. AFFI SWORN TO AND SUBSCRIBED before methis )9 dry of 4Y/s\ . 2018 ' 11 - " Nptery• Jc State ofFLridelA a® .F1CJY eit - <.. �r l3L1411-1 A Printed Name oNotary My mMMISSIm expires: JVrc S 11A r4..._.__..�._.__ oleo STATE STATE OF FLORIDA ) COUNTY OF MIAMI DADE) Bebe ma the undersigned augwnry,primary appeared the Adam who being first by me duly swam,did swear a affirm that hSShe mewled this Aandait for the liposes staled therein and that it is we and correct. AFFIANT SWORN TO AND SUBSCRIBED before me Ibis day of 200 Notary Public State of FbNe At Large Paroled Name of Notary --- My commission elites._ STATE OF FLORIDA ) COUNTY R MNMI-DADE) Belpre nee the undamped authority,personally appeared _the Arrant wbo being Est by me duly swan.dM swear or affirm Mx he/she executed m 4 ARdaml for the purposes slated therein and that it 1p true and cored. AFFIANT SWORN TO AND SUBSCRIBED before me Iles day of_ 200_. Nay Public Stated Mods At lama Printed Nam of Notary _-- My commission mpees. STATE DF FLORIDA ) COUNTY OF MNMI-DADS) Before me the undersigned authority prime),appeared the AmonL who being first by neo duly sworn,did swear or amort mel he/she marled this Alldait b the purposes stated therein and that itis true and cared AFFIANT SWORN TO AND SUBSCRIBED bete me this day of ,200_ Nolary Pub&State of Florida Al Lags • Printed Name of Notary My amnesiac expires:_ WITNESS MY HAND THS 2‘1"-DAY OF /1-✓/2.i^L 2V-0 RE REPRESENTATIVE:(Listed on Business Relationship Affidavit) By/ ' t r6/ - (l4y�(Sgnature) By. (Signature Name./ eee4A y//yAfi(Print) Name: _ (Print) Tale'!- 4CS/perf• (Print) Title: (Print) yC Gcaka5uc.cj✓G. LFr1T -f-AJ,C. By,C /�. ,x__(Signature) By: (Signature Name:t'� Carl t.ufiYHint) Name: (Print) Tate_ £ L� ' _ _(Him) The: _ (Hiatt) By: _ (Signature) By (Sig amre Mk M Name: I k1 (Print) Name (Hint) Title: 1.11 (Print) Title:_ _ (Pant) By. _ (Sgnature) By' (Signature Tine: (Prot) Title. (Print) Tale. (Print) Title: (Pint) By. —(Signature) By. (Signature Tale (Print) Title (Print) Title: (Pant) Title (Pont) By (Signature) By: (Signature Title: (Pont) Title: __(Print) Title: (Pont) Title: _ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-7I(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 �t meme un t�1LrGfG6 AY/lG.Ce-trx undersigned Mere i swe9y appeared the Agent who being first by me duh swan.did swear or affirm met bathe umled Ma aR dant ro me Purpmes staled mxen and that A is Sue and correct '�//Ls II `PpO�A Of !/ SWORN TO AND SUBSCRIBED bebre me Me/L day of \L 20bD - 1 ./ A ERIC PH h N , •t.s�...��II t - wP R`c. t mr al -£t -lona --� lon�q�t Pf Gcroa tar B 3 •• (Al ll ,nm re 2'.t-o __._..._._ My sed WlIm Sed Napiary r /fd •It , . _ Myco rnesiai expires _ STATE YFFLMIAMI ) COUNTY OF MNMI-0AOE) ��s✓(.y'� ��n Before me me undersigned authority personally appeared p-tti I.�3'1 l k Mani who being first by me duly swan,did ss or affirm Mal xaYxe executed Mrs Affidavit for Me purposes stated Moran and mal it a bile and correct ti\ I r R Eyha� ^ ...� 11LS FIE MIT -- - NY COMRES:December r 919.3 --yyyy q�-� EXPIRES:Dolrlher21,2019 SWORN TO AND SUBSCRIBED bebre me Iles ucYday of_ Apr 09 V . , 'said Tin May PWs UhdvaYa .2_ .. Sr of F..-tle N Large s--l . �✓-.q1 �--�2 _' Pnnle Named xpre My issron express Ca:"'�L' (="t STATEOF FLORIDA ) COUNTY IMAMI DADS) N2 1rTh Bebe methe undesgoed authority,personally appearedl=C1 \Y1 me Abei NM by me duly swan.did swear or affirm that he/she exmled Mw Affidavit kr the purposes stated Myren aid Mat A is rue and coned / N19WIEYM.SVC NYIXMNE50N1ff9196SB AFFIANT • - EXPIRES:porter 21.2019 scasimm.wort Rum undonisa SWORN TO MD SUBSCRIBED before me m .. rd/AFC PIS diary M . S=.%r.Z nee Named Nary My comp/wean expires'_ _ _ —\t=\ STATE OF FLORIDA ) COUNTY OF MIAMLDADE) Before me.Me undersigned authority.personally appears- We Agan,wllo being first by me duly sworn.did swear w Om Mat heishe executed This APitlant for Me purposes stated therein and Mal A*true and correct. AFFIANT SWORN TUMID SUBSCRIBED before me this. day or . 200 Notary Public Stalest Florida At Large Printed Named Notary My cdmmlion expires.- _. WITNESS MY HAND THIS 4_ DAY 0E46912.4-1 ,20fre REPRESEN •TIVE:(Listed on Business Relationship Affidavit) Byte / iJ. ./A - •tie) By._. (Sgnature r - iv,-• ..o Ndrme. i-SR S (Pant) Name: (Print) Title: Pnhi (PAL, (Print) Tele:._... _ (Punt) By:__ (Signature) By: _ (Signature Nam fIrst21.,3flbft - (Print) Name: (Print) Title: 1410 pee-se fr JPrinq Title. (Print) By: _ (Sgnature) By- (Signature Name._ _(Print) Name' (Print) Title: — (PS) Title: (Print) By: _ (Sgnature) By: (Signature Title: - (PS) Title: _ (Part) Title. (Pont) Title: (Print) By: (Signature) By. (Signature Title. (Print) Title:_. ._ (Print) Title: (Pin) Title (Print) By'. (Signature) By (Signature Title: (Print) Title:__._. _ (hint) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)0v) 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 Cf MIAMI-DADE) $ j./itTi O Before me,the undersigned authority,personally appearedPr la•elrha•` the Affiant,who••ing first by me duly swan,did swear or affirm that he/she executed this Affidavit lar the purposes slated therein and that A is true and correct X , - \ I' w� AFFI SWORN TO ens - - �f rry^ 206 lb rl MY cGAt ISSNINuuF 155329 . nEB:AvastumkB �1MNowb5kinn Ott teo MycPrintiNameof NxpMry_8�2-I iIC) __--_ MycaM155d(Iexpires.- STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) �s wa., Before me,the undersigned authority,personally appeared ZY" 's4" the Affiant who being first by me duly sworn.did swear or affirm that heShe executed this Affidavit for The purposes staled Mein and that it 5 true and corm!. AF IANT - - 7122 _A-Opq . ui. MY yW F ,. ser day of � j ,1 s.: ;.y MYC/J6MISSION'IFF 155328 . EXPIRES:August 27.under B PubltictrittlaState ‘4r..k:e awed ninisteg Pubicwas Printed Name of Notary p -r �p My commission expires-04 til STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undersigned authority,personally appeared the Affiant who being first by me duly swan,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that'd is true and correct. AFFIANT - -- - _-- SWORN TO AND SUBSCRIBED belle me this _day of __ _200_ Ndby Public Stated Florida Al Lame Punted Name of Notary My commission apirea___ STATE OF FLORIDA I COUNTY OF MIAMI-DADE) Before me,the undersigned authority.personally appeared__ the Affiant who being first by me duly sworn,did swear or affirm that helshe executed this AMdasit for the purposes stated therein and Met it is tie and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _day of _200_ Notary Public State of Plodder At Large Printed Name of Notary My commission expires.- _- __- WITNESS MY HAND THIS DAY OF ,200_ REPRESENTATIVE'(Listed on Business Relationship Affidavit) By Sgnature) By _ (Sgnature Name: 10-1N 7 K"1 (Print) Name: _ (Pont) The Sry. Pgo)Ecr MA. 4€R(punt) Title'._ (Pint) By: (Signature) By: (Signature Name: (Punt) Name (Pring Title'. (Print) Title. - (/kind By: (Signature) By (Signature Name: (Prim) Name'. (Print) The: (Pum) Title:_ (Print) By (Signature) By: (Signature Title. _. (Pint) Title: _ (Pali Title: (Print) Tae: (Prim/ By:_ (Signature) By:_.. (Signature Title' (Pint) Title. (Pat) Title- (Print) Title. (Pont) By: (Signature) By (Signature Title: (Anne Title: _ (Pal) Title: (Point) Title: (Pam) 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. 31-7I(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) Beide me,Na undersigned eudwriry,persanally eppaared } /AM/ JC.tt. _ the Affiant who being first by me duly sworn.Cb swear or affirm that na/Ne executed his Affidavit b the purposes slated therm and that itis true aNcorrect (\/�/� _..__.. _. _ AFFIANT W CORINTHIA SEILER q� a�/y� y/� " '.° 0:0440;01447:49:fi0MA1AP84usP�/ Pay olr!��-LOQ$ 2. Mmmeay 14 eiMt r %' mm0 099219 N Pudisatv-'r•�sate of �-a A�Irp � nge BThtl Notary Assn lax _ fln+t _Saler Pr If Name of Notary C My wnvnishon expires. /4 /p —_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned aulboriry,personally appeared - _ he Aran,who being first by me duly sworn.did swear or affirm Mal M1e'she executed this Alfidawl for Ne purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this day ol__, Notary Pudic Slated Florida Al rage Pnnled Name of Notary My commission expires:_._- STATE OF FLORIDA COUNTY OF MIAMI-DADE) Bebe me,the undersigned autheiq,personally appeared _ _he Alban,who being first by me duty sworn,did swear or affirm that helshe executed this Affidavit fit the purposes stated therein and that it Is true and coned AFFIANT SWORN TO MD SUBSCRIBED before me his day of - . 200_ Notary Pudic Sate at Florida Al Large Pooled Nan*of Notary My commission expires._ STATE OF FLORIDA ) COUNTY OF MIAMI-DOOM Before me,the undersigned authonly,personally appeared the Alam,who being first by me duly sworn.did swear or affirm that MJshe executed this Midant for Ne purposes stated therein and that it is true and correct. AFFIANT SWORN TO PND SUBSCRIBED before me this day or. ._ .__ ,200_ Notary tabic Slate of Florida Al Large Paned Name of Notary My comm sslon 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 Avcntura 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 followsl: "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 Page5 of 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, AIC Interim City Manager 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(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 for amendment to Section 31-143(f)(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 Item July 10, 2018 City Commission Meeting Agenda Item 18 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(f)(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 residentiaVlimited service hotel development on its land at the comer 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 AMENDMENTS1 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. L. Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject 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 (ii) 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 Engineering Consultant, to reduce adverse effects to the overall transportation network. The applicant shall provide any right of way improvements appropriate to the subiect 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 1:305 374 5600 F:305 374 5095 April 26, 2018 CC MUR:Ii1CEV:Lc CITY or AVENTURA Joanne Carr,Community Development Director City of Aventura D,I'�. 2 0 201$ 19200 West Country Club Drive Aventura, FL 33180 IMTIALi__ 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 Ma'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 akermantom 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. 11)The proposed amendment is legally required.The proposed LDR Amendment is required to be consistent with corresponding Comprehensive Plan text amendments. j2)The proposed amendment is consistent with the goals and objectives 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 9.3 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). (3)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 J4)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. J5)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$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 Neisen 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. (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (I) 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 rLSH-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: I. 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 'h 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. 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 subject property. APPLICANT REPRESENTATIVE AFFIDAVIT am � Pursuant to Section 31-71(b)(2)(i)of the Gly of Aventure Land Development Code,this Applicant Representative Affidavit s hereby made and submitted. The undersigned autlymized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application of different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with me application,as follows: Name Relationship (i.e.Attorneys,Architects,Landscape Architects,Engineers,Lobbyists,Etc.) Nelsen a 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 INDMWUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(1V)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE.IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY ELAND THIS II DAY OF \ 20b8 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWN c' By: B . Ieat (Signature) (Sgnnat • -) Name: Name. _�.6�k[l•S (-2055 (Print) P(12f;S[OC�T Title. Title: Address: Address: 2/6 LJ 39'4 6-447 Sk;LA 'OJ 7(q' N?; /001 R. STATE OF FhORIBA N`I 1) COUNTY OF�X Before me the undersigned authority personally appeared NAM2V !Pmt the authorized :1 --- alive of the Applicant and/or the owner of the property subject to the application. who being first by me du, sworn, did swear • affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and correct. yL, AFFIANT 0 SWORN TO AND SUBSCRIBED BEFORE ME this LTaay of Mill ,200 / o—C2 `-wary ublic St of Felidei1 Lage z '"l" Printed Name of otary Elr•Z&/hCTFY&'ta'(-'-/A My commission expires_L OA—_S,W'°d cit �J BUSINESS RELATIONSHIP AFFIDAVIT* Ths Affidavit is math pursuant to Section 31-71(b))2)Xii)of the City of Aventura Land Development Code. The undersigned Affiant hereby dsdoses that (malt velh'ri appliceble ponbns only) K 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Goad to which the application will be presented. ]J 2. Affiant hereby discbses that it toes have a Business Relationship with a member of the City Commission or a City Advisory Board to which the appicalbn will be presented,as follows'. (List name of Commissioner or Advisory Board Member) who serves on the (List City Canmssbn or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: 11 i. Member of City Commission a Board holds an ownership interest in excess of 1%of total assets or capita stock of Applicant or Representative; Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation whidi are nd listed on any national or regional stuck exchange) or joint venturer with the Applicant or Representative in any business venture; ]I iii. The Applicant or Representative is a Client of a member of be City Commission or Board or a Client of another professional working from the same office or for the sane employer as the member of the City Commission or Board, 1]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; I c The Applicant or Representative is a Customer of the member of the City Commission or Board(or d his or her employer)and transacts more than$10,003.00 of the business of the member of the City Commission or Board(a his or her employer)in a given calendar year; ]]vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000-00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 203_ APPLICANT: By: (sgnatmed Name: (Point) Title: (Nordell ;;Ty fr ITNESS MY HAND THIS I I ,DAY OF April 20Q D PROPEJ OWNER: By: I (59aalwe) Name: IRIMJ'W<r • (Pane ' Title: rsJegemrenThr (Mid) The terms "Business Relationship." "Client" "Customew," 'Apptrcanl." "Representative"and "interested Person"are defined in Section 2-395 of the Avenlu-a City Code r STATE OF FLORIDA ) NOTARIZATION PROVISION COUNTY OF MIAMUDADE) Before me,the undersigned°Whaley.personally appeared }[A¢eaj (.sfpSS Mant,who being first by me.� .worn,did swear or affirm that heishe mended tas Affidavit for the purposes slated therein and that AS true and correct I w_ mss. ppA INT tA. SWORN TO AND SUBSCRIBED beforeme this dayof .APT; f _,20t& IP PubCStatea(F .2-40 c• Al)" Printed Nam of Notary My artmssian expires: 1 r Ml[ Sy 201 STATE OF FLORIDA ) COUNTY OF MAMI-RADE) Before it the undasgned authority,personally appeared the Affiant who being first by me duly sworn,did swear or atm that haMe mewled thie alfidawl in.purposesstaled therein and that itis true end cornett. AFFIMR SWORN TO AM)SUBSCRIBED before me ibis day of 2W Notary Putt State of Floide At SBe Pnnted Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI DADE) Before me the undersigned authority,personally appeared _Ne ARanl who being est by me duly swan.did swear or affirm that he/she summed this ARdmit fa the purposes stated therein and that it is hie and correct AFFIANT SWORN TO AND SUBSCRIBED before me Ibis day of, 2W_ Notary Public&Me d fiend*Al Lags Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Mont who being first by me duly sworn,did swear or affirm tat heLhe marded thu Mdauit for the purposes staled therein and that it is true and cored AFFIANT SWORN TO AND SUBSCRIBED bete me this day of ,2011_ Notary Public State of florid'Al targe Pined Name of Notary My commission mpires. WITNESS MY HAND THIS,21LDAY OF flnl I 24( REPRESENTATIVE:(Listed on Business Relationship Affidavit) B/,nz& al(teed-(Sgnatwe) By. (SignatureNameL CfCei-tA lei at!) (Part) Name. (Pant) TideP2ct/ A GAir (Print) Tale (Pmn1 .->"C'� ei vd .1Lf p4 Eh/: "M.. By. (Signature) By: (Signature Perna-'(af&( ArYILLt4Pring Name. (Print) Title: i'da ! (Pring Tdie: )Prim) By: - lI /I (Sgnalure) By. (Signature Name. lit y1 ' Ill (Print) Name (hint) Tirye:Ii-FTs A (Prim) Title: _ (Print) By. )Signature) By. —_ (Signature Title. ._._(Print) Tale: (Prn!) Tile. (Prim) Tile. (Pont) By: _(Signature) By. _... (Signature Tale: (Pant) Title. (Print) Title. (Print) Title. (Prim) By (Signature) By: (Signature Title. (Pant) Title: (Pant) Title: (Print Title. (Pont) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and A ffiants are advised to timely supplement this Affidavit pursuant to Sec.i 1-71(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 figteP lap ..�� Bahama,me undersignedwlpwat nry,piavWalled alled C t a1ryry��I ac:I 11 DS;first t me fitly sworn. a « n.did swear affirm mat beam executed this Affidavit la Me purposes stat&Maw end mal it w true and vital. J '1C . iy II��JAr I �p Af ANT SWORN TO AND SUBSCRIBED before me N¢(fi day of j11_ 2Op 0 // f� a ERICA PNIWPS 1111 ' NoaryP bI Sh_te of nor - - C mints 'FFF225441 •v,:'irS • I}1ar�9'a�r� w c"' nr. er Aor 29.2' My wdName01Npies 14/.) in Pyted Nami of Naga .W./.7.1 - STATE OF FLORIDA COUNTY OF MIAMI-DADE) ��pp,�.r ��((�� Before me me undersigned authority,personally appeared PINUNLI'41 4e Affiant who being first a duly sworn,did swear or affirm mat bashe executed Ibis Afda4 w the purposes stated therein and that A is We and mored Yin.+, BIIBINIEYIA.SANAFF UNT J MYCJMWSSC°#FF91w j SWORN TO AND SUBSCRIBED before methisa a EXPIRES:DYro11Ib.r 21 N J,ey 01_fig -L\I Q� BwtlMTIau NYwYPriwlldslads .. t 5 etIFlnde Al targe tl _ SC.L yTht • Pmwd Name of Notary, 1 a`i My commission exgres\off-a \— \C\ STATE OF FLORIDA ) COUNTY OF MIAMI DARE) NQ-\ 'k Reweme,Ne mMrrsg Gated ler npersonally appeared d erect x1✓1.NaA .I .: .east by me duly swap did away«amrmthat wsne lamed NCAfidahlw the purposes sword mean and that Ars Pie and tuned. /// Jy ft M i'LINZ AFFIANT — — — - ;}A MYC 'Pi 519693 ^'y — EXPIRE.. ' c ,her 21.2019 SWORN TO AND SUBSCRIBED before me Nis Ay of t l,O - 1 • Brom 1,•-_ 'rf'=wLMwb w -in 1S IN- tn-- _ Z— Ptmwtl Nate of Notary Myaanmeaa aDIra,l oZ' l- lG STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Betore me.the undersigned authority pesonaly appeared _ me Afford.who being first by me duly sworn.did lim swear a ai that MIste execuled this Affidavit for mepurposes slated bergs and that it is true and tarect AFFIANT SWORN TO AND SUBSCRIBED bebre me this ay of .200_ Notary Public Stale 01 Fonda At Large PonredName Of Notary My commission expires.. WITNESS MY HAND THIS DAY 0419,--LA ,20V'jt REPRESE - :(Listed on :usiness Relalioi••p Affidavit) or7 Name: e., (Print) Name (Pont) Ttle: f"r^o4 PA-1.- (Print) Title: _ (Print) By (Signature) By: _ _ (Signature • NafiRA/ZTYvit- (prin()1412 Name. (Print) Title: Y W f I__(Print) Title. (Print) By: (Signature) By: (Signature Name: _(Print) Name _ (Print) Title: (Print) Title:_ (Print) By. _ (Sgnature) By. (Signature Title: (Print) Title: (Pmt) Title. (Pont Title. (Print) By:_ (Signature) By: (Signature Title. (Print) Title._._ (Pmt The: (Print) Title: __. (Pont) By: (Signature) By: (Signature Title. (Print) Title'. (Print) Title: (Print The: (Print) NOTE: 1) Use duplicate sheets if disclosure inform tion for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the Ciry'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 ) Q�� / COUNTY OF MIAMI-DADE) I% �fo Before me,the undersigned a thonly.personally appear ° the Affiant,w..being Wrst by me duly sworn.did swear or affirm that belshe executed this Affidavit for the purposes stated therein and that a is hue and correct. /�� A. IANT I yr' h b1EU1U _ SWORN TO AND SUBSCRIBED before me this2/day olAPtZ_i 2Q61.t) NYCOMVISSIONIfF155929 Yissu Thf0EXPIRES41 rl 2l/wn a MTCd,Nn . . i`IL EXPRESAugwl2y. ` .. ;e Fonda ^ ) '. : ^ryW TMu NaIY NN[IMM1iwYn ` � Printed Nae of Noitarysy c _di My commission expires- STATE apres STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Bebe me the undersigned authority,personally appeared fina._2 y K-the Affiant who being first by me duly swan.drd swear or affirm that heshe executed thisAffdavit kr the purposes stated Herein and mat it is hue and correct. FIANT �`'of - 201'9 MY�1S320 1 s• EXPIRES:AupuP 27,2013 Yeses Nu Nosy Nle Wenr4n Printed Name of Notary My commission expires. Dig-- IT STATEOF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.me uncle-Sawed authority,personally appeared _. __. the Afbantwho being first by me duly sworn,did swear or affirm that he/she executed thisAMdavit for the purposes stated therein and that i!is true and cared. AFFIANT SWORN TO AND SUBSCRIBED belle me this_ day of _.-200_ Notary Public State of Fbrwia At large Pnnted Nacre of Notary My commssbn expires.___ _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undersigned authority.personally appeared the Affiant,who being first by me duly sworn,dM swear or affirm that he/she °Nailed this ARdaait for the purposes stated therein and that itis true and correct. AFFIANT SWORN TO PND SUBSCRIBED before me Ws _.day ol _ _._. _200_ Notary Public Slate of Fbdda At Largo Printed Name of Notary My commission expires._ WITNESS MY HAND THIS DAY OF 200 . REPRESENTATIVE:(Listed on Business Relationship Affidavit) By :l • _ (Signature) By. (Sgnature Name. .10)14,-) illi (Print) Name: _ _(Pent) Title 5R. Pkax'crmwrnc,rx(Pent) Title:_ (Pont) By:_. (Signature) By. _ (Signature Name: (Pont) Name: (Pint) Title: (Print) Title_ (Pont) By: _ (Sgnature) By: (Signature Name: _(Penn Name: (Print) Title: (Print) Title: (Print) By: _ (Sgnature) By: _ _ (Signature Title:_. _ (Pant) Title: - (Print) The: (Print) Title:_ (Pont) By: _(Sgnature) By: (Signature Title: (Print) Titley (Pont) Title: (Pint) Title. _ _ (Pont) By' (Signature) By' (Signature Tale: (Print) Title: _ _ _(Print) Title: (Print) 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) Before me me undersigned subonly,personally appeared_ _ &an Me Alban.who being first by me duly sworn.dor swear or affirm mat helaho eaeated thisANMaat II the purposes stated therein and that It Is true a correct. .112;"": e /1,--- . . . Ln�FpynSpa }'Ip�aa nm.n0 n AFfIA �N T NolarY alate fol flotrl daY of J[.._,1042 .. ``: My Comm.Expires May 1/,?Dig F v � Commission#FF 099V19a &g.X.1.Y?)!(Llfb7pa A+ler nn, Si ".., BOWS mraugh NaliOBN Ndary Assn. Lpge p s w Printed Mas l xNpies S��/�C MY COMMAS/CO exDues COFLORIDA ) COUNTYUNTY MIAM OF MIAMI-0ADE) Before me,the undersigned authority,personalty appeared _.. _.. _ me Affiant,who being first by me duly sworn.did swear or affirm that hashe executed Nis ANdawl for me purposes baled therein and that t is we and Corral. AFFIANT SWORN TO AND SUBSCRIBED bebre me this _day of Notary Pudic State of Florida At Large Pnnted Name of Notary My commission exgres:__ __ STATE OF FLORIDA J _.—___— . __.__—.__—_ _ COUNTY OF MIAMI-DADE) Bebe no Me undersigned autaity,personally appeared the Afbant who bevy first by me duly swan,did swear or affirm that hdslle e*e uteri this Affidavit for the purposes stated Clegg and that it is sue and correct AFFIANT SWORN TO AND SUBSCRIBED belle me ohs day of _200_. Notary Public Stale of Fionda Al Legge Rrned Name of Notary My amm¢sIrcl mpves:_ ._ __ STATE OF FLORIDA ) COUNTY OF MIAMI-0AOE) Before me.be undersigned authority,personally appeared _ the Agent,who being first by me duly sworn.dor swear or affirm that h&she executed this Affidavit for the purposes stated therein and that d is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ day of _ _200_ Notary Public Sete M Fonda At Large Printed Name of Notary My commission expies._ _ _ 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 followsl: 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 meetinq 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. Underlined provisions constitute proposed additions to existing text. Strikethrough 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 of6 City of Aventura Ordinance No. 2018- (ii) 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 (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 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