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04-06-2021 Local Planning Agency Meeting Agenda City Manager City Commission Ronald J.Wasson Enid Weisman,Mayor Robert Shelley,Vice Mayor City Clerk Jonathan Evans,Commissioner Ellisa L.LTorvarin MMC Rachel S.]Friedland,Commissioner j Denise Landman,Commissioner City Attorney Dr.Linda Marks,Commissioner � �� ` Weiss Scrota Helfinian Marc Narotsky,Commissioner e � Cole&Bierman LOCAL PLANNING AGENCY MEETING AGENDA APRIL 6, 2021 6:00 p.m. Via Virtual Communications Media Technology This meeting shall be held via virtual communications media technology as made necessary by the continued state and local emergency. Because of the continued COVID-19 pandemic, and the need to ensure the public health, safety and welfare, this meeting will be conducted remotely via Zoom. Due to the on-going state of emergency and the recommendations from all public health authorities, the City of Aventura recommends that all persons view and participate in the meeting through electronic means. Members of the public wishing to access the meeting, please do so as follows: Join the Zoom Meeting from your computer, tablet, or smartphone at: Zoom.us/join Meeting ID: 890 7640 4937 You can also dial in using your phone to the any of the following numbers: +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US +1 301 715 8592 US Meeting ID: 890 7640 4937 Members of the public will be able to provide comments via audio when directed by the Mayor to do so. Please tap the screen on your cellphone or tablet, or move your mouse on your computer, to view an option to raise your hand. Tap or click on the "raise hand" icon displayed to raise your hand to speak. Callers must press *9 to raise your hand to speak. The City Clerk will notify the Mayor there are public comments and will notify you when it is your turn to speak by turning your microphone on. Speakers will be provided three minutes to provide comments. Comments can also be provided via email to the City Clerk at cityclerk@cityofaventura.com by April 5, 2021 at 6:00 p.m. Comments received will be provided to the City Commission. Please list the item you are providing a comment for in your email. City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor Robert Shelley,Vice Mayor City t�••�— Clerk Jonathan Evans,Commissioner Ellisa L.Horvath,MMC Rachel S.Friedland,Commissioner � Demise Landman,Commissioner City Attomey Dr.Linda Marks,Commissioner N � � Weiss Scrota Helfmarn Marc Narotsky,Commissioner e Cole&Bierman LOCAL PLANNING AGENCY MEETING AGENDA APRIL 6, 2021 6:00 p.m. Via Virtual Communications Media Technology 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: September 8, 2020 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD, LOCATED AT 20955 BISCAYNE BOULEVARD, AS LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, FROM OP,OFFICE PARK DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4A). B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD TO THE BUSINESS AND OFFICE LAND USE CATEGORY, RESIDENTIAL USES IN THE MO, MEDICAL OFFICE DISTRICT, ZONING CATEGORY AND CONTIGUOUS BUSINESS AND OFFICE DESIGNATED LANDS AND PERMIT AN INCREASED FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE CERTAIN LANDS TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, BOTH SUBJECT TO CONDITONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144, `BUSINESS ZONING DISTRICTS", SUBSECTION (a), "PURPOSE",AND SECTION 31-144, SUBSECTION (f), "MEDICAL OFFICE (MO) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 57 DWELLING UNITS PER ACRE Aventura Local Planning Agency Meeting Agenda April 6, 2021 AND A MAXIMUM OF 2.49 FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE LAND TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in 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 are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 2 of 2 CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES SEPTEMBER 8, 2020 Following 6:00 P.M. First Budget Hearing Virtual Meeting Via Video Conferencing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:14 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. The meeting was held via video conferencing through Zoom, as specified on the meeting agenda and enabled by the Governor's Executive Order 2020-69 (extended through Orders 20-112, 20-123, 20-139, 20-150, 20-179, and 193), as a result of the state of emergency due to COVID-19. Members of the public were given instructions for providing comments. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the preceding First Budget Hearing. 3. APPROVAL OF MINUTES (April 6, 2020): A motion to approve the minutes of the April 6, 2020 meeting was offered by Commissioner Shelley, seconded by Commissioner Landman, and unanimously passed by roll call vote. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: Mr. Wolpin read the following Ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.5 ACRE CITY-OWNED PARCEL OF LAND KNOWN AS PEACE PARK, LOCATED AT 3200 NE 188 STREET,AS LEGALLY DESCRIBED IN EXHIBIT "A" FROM MEDIUM HIGH DENSITY RESIDENTIAL TO PARKS AND RECREATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. City of Aventura Local Planning Agency Meeting Minutes September 8, 2020 A motion to recommend adoption of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Dr. Marks. Community Development Director Joanne Carr entered the staff report into the record, which recommended approval of staff's request to amend the Comprehensive Plan to change the land use designation for Peace Park. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no speakers, the public hearing was closed. The motion to recommend adoption of the Ordinance was unanimously passed, by roll call vote. Mr. Wolpin reviewed the quasi-judicial procedures, noted that the staff report and any testimony provided for the item would be included in the record by reference for the same item on the Commission Regular Meeting Agenda, and read the following Ordinance by title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT TO ROS, RECREATION/OPEN SPACE DISTRICT FOR A 1.5 ACRE CITY-OWNED PARCEL OF LAND, KNOWN AS PEACE PARK, LOCATED AT 3200 NE 188 STREET,AS LEGALLY DESCRIBED IN EXHIBIT"A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4)(B). Mrs. Horvath administered the oath to all those wishing to offer testimony on item 413. A motion to recommend adoption of the Ordinance was offered by Vice Mayor Weinberg and seconded by Commissioner Shelley. Community Development Director Joanne Carr entered the staff report into the record, which recommended approval of staff's request to amend the City's Official Zoning Map by amending the zoning designation for Peace Park. Mayor Weisman opened the public hearing. Mrs. Horvath provided directions for members of the public to provide comments. There being no speakers, the public hearing was closed. The motion to recommend adoption of the Ordinance was unanimously passed, by roll call vote. Page 2 of 3 City of Aventura Local Planning Agency Meeting Minutes September 8, 2020 4. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and unanimously passed; thereby, adjourning the meeting at 6:22 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on April 6, 2021. Page 3 of 3 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Development Director DATE: April 2, 2021 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by Amending the Zoning Designation of Land Located at 20955 Biscayne Boulevard from OP, Office Park, to B2, Community Business District City Case File No. REZ2010-0001 April 6, 2021 Local Planning Agency Agenda Item 4A April 6, 2021 City Commission Meeting Agenda Item 6D May 4, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for land located at 20955 Biscayne Boulevard from OP, Office Park District to B2, Community Business District, to facilitate development of a mixed-use retail and hotel project by the applicant. THE REQUEST The applicant, Alan S. Rosenthal on behalf of the owner Centtral Aventura LLC, is requesting an amendment to the City's Official Zoning Map by amending the zoning designation for the property located at 20955 Biscayne Boulevard from OP, Office Park District to B2, Community Business District. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Centtral Aventura LLC NAME OF APPLICANT Alan S. Rosenthal, Esq. LOCATION OF PROPERTY 20955 Biscayne Boulevard See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres See Exhibit #3 for Legal Description The property is located on the east side of Biscayne Boulevard between NE 209 Street and NE 210 Street. A former funeral home has recently been demolished and the property is now vacant. The owner has applied for Administrative Site Plan Approval for a mixed-use retail and hotel development. The proposed building has 40,000 square feet of retail uses located on the first and second floor and are accessed from the interior. The 129 room hotel is located on the sixth to eleventh floors and parking is located on the second through fifth floors. Renderings showing the exterior, interior and hotel pool deck are attached as Exhibits #4, #5 and #6 to this staff report. Administrative site plan review is underway by City staff and its consultants. The current zoning district permits the hotel use but prohibits the proposed retail uses. The applicant has therefore requested a rezoning from OP, Office Park, to B2, Community Business District, to permit the proposed retail uses. ANALYSIS Future Land Use Designation Subject Property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office Zoning Subject Property: OP, Office Park District Properties to the North: B2, Community Business District Properties to the South: OP, Office Park District Properties to the East: OP, Office Park District 2 Properties to the West: B2, Community Business District Existing Land Use Subject property: Vacant Lot Properties to the North: Approved for Office Building Properties to the South: Office Park Properties to the East: Office Building Properties to the West: Aventura Hospital Campus Access — The property fronts Biscayne Boulevard, with side frontages on NE 209 Street and NE 210 Street. Access to the proposed development is by way of NE 209 Street and N E 210 Street. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel is Business and Office. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. There are similar zoning districts adjacent to the north and west of the site. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are currently no sites available in other areas currently zoned for such use. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The City's Comprehensive Plan encourages the redevelopment of the Biscayne Boulevard corridor. This development fulfills those plan goals. 3 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The applicant has submitted a traffic study, which is under review as part of the administrative site plan application, to demonstrate that the proposed development will not adversely affect traffic patterns or congestion. The proposal has two entry/exit drives to the development, one on NE 209 Street and one on NE 210 Street. No entry/exit is proposed onto Biscayne Boulevard. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the amendment does not propose an increase in population. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. The applicant proposes to construct a LEEDO Gold building, to be certified by the US Green Building Council. The applicant is also proposing to retain existing live oak trees on site. Stormwater and pollution control devices will be utilized during the construction process. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 4 „ r ROSENTHAL ROSENTHAL -RASCO ATTORNEYS AT L A W September 30, 2020 "LETTER OF INTENT” Ms. Joanne Carr Community Development Director CITY OF AVENTURA 19200 West Country Club Drive Aventura, Florida 33180 Re: Application for Amendments To The Of)12955 al Zoning Map Centtral Aventura LLC (the"Owner") at Biscayne oulevard, Aventura, FL 33180 (the "Property") Dear Mrs. Carr: ' The Applicant represents the Owner, who seeks to rezone the property, formerly occupied by a Funeral Home, from Office Park to B-2. The Property is on the east side of Biscayne Boulevard (U.S. 1) between 20911, and 210d' Street. Biscayne Boulevard is the Main Commercial Corridor in the City of Aventura, as well as most of Miami-Dade and Broward Counties! In that regard the City has previously re-zoned a large section of the west side of Biscayne Boulevard south of 216'' Street from Medical Office use to B-2 by virtue of B-2 being a more appropriate zone for Biscayne Boulevard frontage. The Property, currently zoned Office Park, would be more appropriately zoned B-2 as there is B- 2 zoning adjacent to, across the street from, as well as in close proximity to the Property. The re- zoning to B-2 would not be contrary to but more in keeping with the City's Development Plans, and would allow the Owner to construct a LEED Gold Development that will promote the City's desire to provide high-end development on Biscayne Boulevard. Contemporaneously with the filing of this Application For Re-Zoning, the Applicant has filed an Application For Site Plan Approval, which provides in detail, for the City's consideration, the Owner's proposed Development. It is respectfully suggested that the re-zoning of the Property is in keeping with the City's Planned Development and that Retail Use on Biscayne Boulevard currently exists on almost all of Biscayne Boulevard in the City of Aventura, with very few exceptions. The Owner `s new and exciting Development proposed in the Owner's Application For Site Plan Approval cannot be built without EXHIBIT 1 REZ2010-0001 One Aventura,20900 N.E.30m Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax:305.937.1311 Ms. Joanne Carr 2 September 30, 2020 the re-zoning of the Property as retail uses are not allowed in Office Park Zoning unless they are ancillary to a permitted use. The Applicant, on behalf of the Owner,requests that the re-zoning of the Property be unanimously approved so as to allow the Owner's LEED Gold Development to become a new and exciting reality in the City of Aventura. Respectfully submitted, ROSENTHAL R O L BY w L 1IL_ ASR:cw (WO541738.I) Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 BROWARD COUNTY I ` e°es°■a°■�°e�° G�5d�°6 �(!'�51T«i i moo°�o� a■eon■ems � e� DADE COUNTY ■4'V1!'B°6�{d•e°6•e'9d�°i�tilTi ■ ■ G■ljstream YACHT LUB DR. ■ �■ Park '• 1 MARINA • COVE ° :e Aventura HARBOR CIRCLE ° :■ Hosp' .,� �- WAY ■ ,■ &Mn��''ul Subject Site + MA INERWAN e �■ Waterways ■ �■ m WATERWAYS Shoppes 207 ST. ■ W W ■ ;d a a COUNTRY CLUB DR. The cOJ 205 ■ '• Promenade ° ° Shops � p ■ iVES DAIRY RD. :■ 203 ST. CPS<l�j r a- ° p '■ 201 TER N rn VV ° m ;° a 0 Turnberry Isle Z ,0 m Resort do Club �n AVENTURA 0�-vD � / Q` U yy U O �s Fire ,gl �■ Rescue Aventura • Station Library Z • a • ;® Aventura Mall 2 O `!ACHY Q • City of Aventura U LUB �J • Government Center LEHMA ' s 192 ST. WILLIAM Off• 0 192 ST. 191 ST. w ;n 190 MYSTIC X Loehmann's • ° Fashion 3 ° /stand _ • ° N 188 ST Z e MIAMI ,g 33180 u GARDENS DR. _ _ • -- -•j'-T•-'-•-•-'-•33 66- :• 183 ST. Durrloundling 7- •Bay 1 Atla►uic '• Little Z �y Williams • [Joan %• Biscayne to 2� Sound • :• arbour 1 Haule 80 ST, Lake w Point n i� • Np DPP 8 2 • taro • �. a TOP � • z 40 • Maule �.._'".... . .. . LEGEND Lake •• Roadways 4 ° •• ■ . . . ■ ■ City Boundary #• ---•— ZIP Code Boundary • •' --•-------- Railroad • ' ■ i EXHIBIT 2 REZ2010-0001 EXHIBIT 3 REZ2010-0001 PARCEL I: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, of Block 2, of HALLANDALE PARK NO. 11; CORRECTED PLAT according to the Plat thereof, as recorded in Plat Book 27, at Page 39, of the Public Records of Miami-Dade County: Florida. PARCEL 2: All that part of the 25-foot-wide strip of land formerly known as HARVARD AVENUE (presently designated as N.E. 29th Avenue) as shown on Plat entitled HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof, recorded in Plat Book 27 at Page 39 of the Public Records of Miami-Dade County, Florida, bounded to the North by tfie Westerly extension of the North boundary of Block 2 and bounded to the South by the Westerly Extension of the South boundary of Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Northeast tangent to the South with the South boundary of Lot 22 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot22, in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Southeast tangent to the North with the North boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11 , CORRECTED PLAT. PARCEL 3: All that part of the East 1/2 of Lot 2 in Block 6, lying East of Federal Highway, MAP OF TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book "B", Page 13 of the Public Records of Miami-Dade County, Florida. LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 filed October 30, 1978 in Official Records Book 10199 Page 1672, and re- recorded March 26, 1979 in Official Records Book 1 0341, Page 2211, described as follows: A Tract of land being a portion of that part of the East one-half(EI/2) of Lot 2, Block 6, lying Easterly of FEDERAL HIGHWAY, MAP OF TOWN OF HALLANDALE in Section 34, Township 51, South, Range 42 East, Dade County, Florida, according to the Plat thereof recorded in Plat Book "B" at Page 13 of the Public Records of Dade County, Florida, said Tract of Land being more particularly described as follows: Commence at the Northwest Comer of the South one-half (S 1/2) of the Northeast one quarter (NE 1/4) of the Southeast (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Dade County, Florida, said point being also a westerly comer of Tract "A", DONN ACRES, according to the Plat thereof recorded in Plat Book 76 at Page 30, of the Public Records of Dade County, Florida; thence run South 010 03 '38" East along the West boundary of the Northeast one-quarter (NE 1/4) of the Southeast one-quarter (SE 1/4) of the Northwest one quarter (NW 1/4) of said Section 34, being also along the East boundary of said Lot 2, Block 6, MAP OF TOWN OF HALLANDALE a distance of 50.71 feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course, being along the last described line, a distance of 55.34 feet to the point of intersection with the Westerly projection of the North boundary of Block 2, HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof recorded in Plat Book 27, at Page 39, of the Public Records of Dade County, Florida; thence run North 65041'00" West along a line that is perpendicular to the Southeasterly Right of Way boundary of FEDERAL HIGHWAY (also known as U.S. No. I; also known as STATE ROAD NO. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida, a distance of 43.42 feet to the point of curvature of a curve concave to the Southeast and having for its elements a radius of 25.00 feet and a central angle of 90°00'00"; thence run Northwest-wardly, Westwardly and Southwestwardly along the arc of said curve a distance of39.27 feet to the point of tangency; said point being on the Southeasterly Right of Way boundary of said FEDERAL HIGHWAY; thence run North 24°19'00" East along said Southeasterly Right of Way boundary of FEDERAL HIGHWAY a distance of 100.00 feet to the point of curvature of a curve concave to the Northeast and having a radius of 25.00 feet, said point of curvature bearing North 65"41'00" West from the center of said curve; thence run Southwestwardly, Southwardly and Southeastwardly along the arc of said curve, through a central angle of 90°00'00", a distance of39.27 feet to the point of Tangency; thence run South 65"41 '00" East a distance of 19.70 feet to the Point of Beginning. AND LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 recorded October 30, 1978 in Official Records Book 10199, page 1674, all of the Public Records of Dade County, Florida, described as follows: The South 25.00 feet of that part of Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE according to the Plat thereof recorded in Plat Book B, at Page 13 of the Public Records of Dade County, Florida, lying Easterly of the Southeasterly Right of Way boundary of FEDERAL HJGHWA Y (also known as U.S. No. I; also known as STATE ROAD No. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida. ALSO The External area formed by a 25 foot radius curve concave to the Northeast, tangent to the South with a line that is parallel to and 25.00 feet Northerly of, as measured at right angles to, the South boundary of said Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE, and tangent to the Northwest with the Southeasterly Right of Way Boundary of said FEDERAL HIGHWAY. ALL OF THE FOREGOING PARCEL 3 lying, situate and being in the Northwest one-quarter (NW 3/4) of the Southeast one-quarter (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Miami-Dade County, Florida. e a w Mm y Mr. r a+ , F tip R !.Y F r. win s � t. i — DOM-W VUrLW3AV g 'WAS 3NAVJSIS SO= "nIN3AV IVH- 1N30 dF � YF I Y _ f Y c z a u+ LL � y7 J a a c `t W ~ LL LL Q r1 Q m � W O O N W W - € vim+uwrr�mw�eawww�aaurati.wow+wsrw�Mw�pwn+�ow�.riwmwmw.�m l OB IEEIj Mlf11N3AV • g 'Oils 3 bNAVO61s S560L LL jnJ-N3AV Is t t 4 " i# o z CD yL.+ 03 tD Q ^, W } v rN w W O Q z In U I�1 O < W � Q Q ~� O O do N > a L _ a , ' APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted, The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship (i.e.Attorneys,Architects,Landscape Architects, Engineers,Lobbyists,Etc.) Behar Font & Partners PA — Architect _ Avino & Associates, Inc. Civil Delos Reyes Engineering_ Structural Pulice Land Surveyoes Surveyor Witkin Hults Landsrapp Architect — (Attach Additional Sheets If Necessary) Alan S. Rosenthal Attorney NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON TEIE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS g(P DAY OF._August, 7(1?O ,206_. AUTHORIZO P ES A ANT: OWNER CentUAventura LLC (Signatur Name: Alan S. Ro a Name:.Jacobo a isle Dichi (Print (Print) _ Title; Attorne Title:_ .. 20900 NE 30 Avenue 2090 NE 30 Avenue Address:_Su i to 600 _ Address:lS-w-Ue _,_ _ Aventura, FL 33380 Aventura, FL 33180 STATE OF FLORIDA ) COUNTY OF MIAMI-DARE) Before me the undersigned authority personally appeared Alan S. Rosenthal as u ri re a of the Applicant and/or the owner of the property subject to the application, who being first by me dui d s a rm t t he/she executed this Affidavit for the purposes stated therein and that it is true and correct. a T la S. Rosenthal SWORN TO AND SUBSCRIBED BEFORE ME this Z`day of Atagu s t., 12 ----.... . of _,_ 1dAr rile RAQUEL WELLS Notary Pubf State Florida At Large Commission N GG 275795 Printed Name of Notary ^� c� Expires January 25,2023 My commission expires: 't'oF��oP 9aid�anwavApdMo4ryawla� tka BUSINESS RELATIONSHIP AFFIDAVIT* a %%,P. This Affidavit is made pursuant to Section 31 71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affant hereby discloses that (mark with"x"applicable portions only) ( 1 t. Affant does not have a Business Relationship with any member of the City Cormission or any City Advisory Board to which the application will be presented. 2. Affant hereby discloses that it does have a Business Re'ationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows. Robart__ShE11ey— (List name of Commissioner or Advisory Board Member) who serves on the C 1 ty Commis-S]On—-- (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as fo!lows. C1 i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative, 1111 Member of City Commission or Board is a partner, cc-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture: J iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, O iv. A City Commissioner or Board member is a Client of the Applicant or Representative, (]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more thar$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, (1 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 giver calendar year WITNESS MY HAND THIS 2G' DAY OF AuauSt ,2020 ;AP:1PLICANTT: .,. y: Y' (Signature) Name::' (Punt) Title: Attorniny ___ (Print) WITNES MY ND THIS DAY OF August _,20020 PROPERTY OWNER. C ttral Aventura LLC By:_ r _ (Signature) Name _daz '_e—D j4h j—(Punt) Title:_ (Print) 'The terms 'eusine et ionship," "Client," 'Customer,` 'Applicant," "Representative"and "Interested Person"are defined in Section 2-395 of the A ntura City Code. r NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appearedA I dR.�e_�Q S 2I1 a giant,w mg fi y sw 1, wear or affirm Mat he/she executed this Affidavit for the purposes slated therein and that it is true and correct. ha1 SWORN TO AND SUBSCRIBED before me this day o t..,_,,,21:2 Q o1►A;?.. RAQUEL WELLS t • Notary Public a of Flan At Large Commission 0 GG 275796 �� Pr Explres January 25,2023 Printed Name of Notary emdw t7ru&idj*Ndwyttw*m My commission expires:__,______„_ STATE OF FLORIDA 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ day of ,200_ Notary Public�of Forida At t�ge Printed Name of Notary My commission expires: STATE OF FLORIDA 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 he/she executed this Affidavit for the purposes stated therein and that it is We and corract. AFFIANT SWORN TO AND SUBSCRIBED before me this—day of .200: Notary Public Stale of Foride At large Printed Nana;of Notary My commission expires: STATE OF FLORIDA ) --_- .-•—.--•~•^� 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 he/she executed this Affidavit for the purposes stated therein and that It is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this. ,_,.-day of 200_ Notary Public State of Florida At large Printed Name of Notary My commission expires: BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Avenlura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x'applicable portions only) 7ZG]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25.000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200-. APPLICANT: By: (Signature) Name: (Print) Title: WITNESS MY HAND THIS DAY OF _,200_. PROPERTY OWNER: By:_ (Signature) Name:_ _ (Print) Title. (Print) 'The terms 'Business Relationship," "Client," "Customer," 'Applicant," "Representative"and "Interested Person" are defined in Section 2-395 of the Aventura City Code. 4Font HAND THIS DAY OF it5w 200 . r_: Listed on Business Relationship Affidavit) Partners, P.A.__ BY:_ (Signature _._._ Name: (Pr1. G,.t _rPmtJ Ttt�----- . . _ _ _ Ono By: (5igvWow By:_. __ (Sgrteture Name:__... (Aa►rtJ Name: (Prhtf Tiller. __(Pant) Tide:_ __(Print) BY:..— �(signatcueJ By: fSx�vtatwe Name-_ _ _ � _(Pint) Name: -____—(�►+d Tide: _ -RAW) Tdwe- (A'ad) ,(SOna'turW By: _ ^ (Signature T*: _ —ftiv) TRW— .w (Pfo Tice.--, _ -._...(PrmU Tice: _.(PhiaV BY:_ BY.— `(S>9ns" Title _ _ (PiNJ r+P _ (ft1 Tide: (P►�nQ Titfe _ �(P/W By: NOW") By:_- 607sure Tire: ____(A'►nt) Title:_ (p(1 Title: (Pr»{) Tide:-- (PAW NOTE: 1) Use duplicate sheets d disclosure information for Representative varies 2)Applicants and AfSants 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. NOTAMSTATE OF RAMA J Q.OVON COUNTY OF MWI OADE) li�liare asr�be unlrNyrwd aulrraiy.penorrly iM�y 1� bie ANAK who k4& P rum.did rover a Wirm that" Mma osoMWnrDAMIN ' ""�w""'r�'�a�►` �""'"d°°"�` Bah nners, P.A. J Q� AfFIAN SWORN TO ANO 6*m ree floe a � si OfZ •�d�-' :ki►�?�_ CLAUCIA MAARIM Notary Fiadda A�tar9e •. M'f Co s*N R oco low "o.3m Fly, NearedNow o � f ormrtsgalr STATE OF ff.OitIDA ) COUNTY or WAMFDAM) Boas me,ba witl mWdd ardhoriy.po—ky rPfaad _ N ARant row be ft fait by me dtdy Bran,d4 SIM or&Mon dwt haWw esaawd MA~for tM po mu sisbd#wreb nd bd It is ke end rYerect AFFUNT' _ SWON440 AND&*$M*Dbebvneon —dayd. _..20D.. Mollryt?ufNro btrla dFfodda IY� PrfnMdHe�dNaWlr MN eoerrrYasion parrs:.. ._ _ STALEOF FLORIDA � �.._.... ..._._.._....._...._ .�__»..__...._,.._..._..._.,.........._._ ,�_ OOLOM OFMA6fbM) a**me,the wwosvw ei mmy.pow*sopw d dd siwar or srm lhm harshe sKsou ed ft gtidsrfl&Yw Oww"Mllad Iweln MOM tie ow aedoerna A41AI Sw GRN TO ANP SUSS JMD bWv rfw 0m doy of. 20D, Norry k6i tiros a Flrde AI tiiye PrNrkd MCMe M NawY �. .. IAy ooermtrsion erpier:., _ _. SfAStOFFLORIDA �__..� ....._.._., _.......«......._.._.........___........�........._........r._.._.._...._.... — — couNrY aFataM►�) seiore aw,frr ondMsipned authodq►,Osnsaraljr append ba AtirK rho b"fast by mr dYly$Mr.dd awar or aftrm AN Aehha exeeurd ft AM"fbr fm pur "paled swretn and bet 1 is ho W o nod AFFTArtT _ SWORN TO AND SUBSCRIBED ba wo me M _day d ,MI_ Notary AA*StMasfAwda Atrarga f�lhrled Nanw of tlolary — -- My oommeraian a+rpkas:_ _ — WITNESS MY HAND THIS 31 st DAY OF 2fJ0_. REPR E TATtVE:(Listed on Business Relationship Aftidavil) Avi 0' S OCidtes, -Lnc. By: T te�(Signature) By: _- (Signature Na ' Jorge R_ Avino __(Print) Name: Title:Ci vi l.E n gi neer__(Pnnr) Title:_ By _ (Signature) By Name' _ _ ..(Phil) Name: _.(Print) 7it'e _._.. ...___ _ ._.(Print) Title:--_ .._(Print) By: _._ _. __...._. ._.__(Siynature) By,_ (Signature Name:_. _- �.� _(Prim) Name:_ ._ _ _(Prim) Title: _ (Print) Title' -- . _.. _ (Prim) By. (Sgnature) By:______._- (Sggnature Title: -._ —(Print) Title. Title: (Print) Title By.. _(Signartrrzl By:....-__.._._._ . .. . -- (Signature Title: __.. __.___......_ (Print) Tille: _ _(PnM) Title._,.... l fin') Title: _ . —(Print) far - (Signature) By:. (.Signature Title: _(Print) Title: _ _ (Print) Title: _- —(Pnat) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiarts are advised to timely supplement this Affidavit pursuant to Sec. 31-7)(b)(21(iv)of the City's Land l velopment 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 MIAMt-DADE) Before me,the undersi undersigned Jorge R.Avino g ry,personally appeared the Aftani,w ing first 6y me duly swum,did swear at affirm That he,'she executed this Affidavit ro,die purposes stated twein and that it is true and cared. - I Avi!( o; ociat"es-, nc. AFFIANW `4 SYVORN TO AND SUBSCRIBED before me this 31-sUy of-AUgU a t,200,2d t t " ., NOBELVALENCIA '"`'� _ UY COMMISSION#GG 188521 Ngry p State of Ficrida At Large a- EXPiRES:May8,2022 _Nobel Valencia _ Printed Name of Notary - °of Bonded Thru Notary Public thtde+uTllars My cemmissoon expires: May 8, 2022 STATE OF FLORIDA ) - COUNTY OF MiAMI-DARE) Before me.the Undersigned authority,personally appeared _ _ the Affiant.who being first by me duly sworn,die swear cr affirm that he/she executed this Affidavit fur the purposes stated therein and that it Is true and correct. AFFIANT ----.^-v-- SWORN TO AND SUBSCRIBED before me this. day of, Notary Pubrrc Siata of Flouts At Large Printed Name of Notary My commission expires: _...------------- - .._.. -......... - --.._... COUNTY OF 11,11AMi-DADS) Before me,the andersigned authority,Gersonai y appeared the Affient,who being first by me duly,worn,did swear or affirm that helsha exearted this Altxiaml for the purposes stated Meran and that it is true and coaod. AFFIANT SWORN TO AND SUBSCRIBED before me Ibis__ day of, Notary Public Stale of Ronda At Large Printed Name of Notary My commission expires:- - - __._.......-- -...._..-.........._..._.... -------- -..-.._...._.,....._...__..................._.--.._...._- ------• STAri CFrLORIDA ) COUNTY OF MIAMI•DADE) Jefore me.the undersigned authority,personalty appeared _ the Affanl,who being first by me duiy sworn,did swear or affirm that ne,'she exararled this Affieavit for the ourposer.stated thman and that it is true and correct. AFFIANT - - SWORN TO AND SU3SCRIBED Wore me this day of _-.. -200_ Ndary Public 5raie of Fbrid�At Large Printed Name of Notary- -- - My commission expires:- _ _ WETNESS MY HAND THIS,-'3J_5'r0AY OF REPRESENTATIVE: Listed on Business Relationship Affidavit) DeLos Reyes Engineering By: ---(Signature) By._ _ __. .. . _._, (Signature Name. ercTGIR,�-Dr- Lip., Name,_... ........ ....... . ......... (Print) Title:Str.__u.ct rd1._ gitlee '/inr) Title, By - (.Signature) By:_ Name: _.. ..-, _.._ !Print) Name: (Print,) Title _. _._..... . (Pont) Title. _.. _(Prrrx) By:, _ _.. _ (Signature,; By-__ _ (Signature Name-. __...__ . __ ._.(Pliru) Name:... _(Pmt) Title: ._(Pnnt) Title ...... ........................ _ (Print) BY _ -._. (Signature) By______. _... _ (Signature Title: __ (Print) Title: (P(int) Tifie: _ (Print) Tale: _....__. ._ _.,...(Print) By... _(Signature) By:- _ .___.____ ..._.._._..... (Signature Title _.._(Print) Titie:_--__ _. . (PnnCi Title: _. (Print) Title:- ._- _-- _ - —......__ _ .__(POO By: _ ........... .... ............................,(Signauure) By ......... _ (Signature Title: _ .., (Pont) Title;_. _ ------- - -tPrint) Title: _ ,,. (Print) Title. _ ......... 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. N07ARi.ZATION PROVLSlON STATE OF FLORIDA j COUNTY OF MiAMI-DADE) NEG Before me,the undersigned authority,personally appeared,bg tQS ' the Affiant,who being first by me duly sworn,did swear or affirm mat he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Delos Reyes Engineering AFFIAW SWORN TO AND SUBSCRIBED before me this day of S-t 200.20 INNNotary Public State of Florida My Public State of Florida At Lan e C Rosales Notary p My Commission GG 154900 Z EM(cf— M �. pFd� Expires 10/25/2021 Printed Name of Notary My commission expires; 0f2S1Z02 .--- .. 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 staled therein and that it is We and correct. AFFfANT SWORN TO AND SUBSCRIBED before me this, ,,,,—day of-,T T,200_ Notary Piac Stale of Flddde At Large (hinted Name of Notary My commission expires: STATE OF FLORIDA ) COIMTY 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 it is true and corroct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ day of 200_ io1&_i Public State of F4odde At Largo Printed Name of Notary��-- _ My commission expires-.- STATE OF FLORIDA COUNTY OF MIAMt-DADE) Before me.the undersigned authority,personalty appears .._ _ .. the Affient.who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that ft is true and correct. AFFIANT — SWORN TO AND SUBSCRIBED before me this ...day of 200_ Notary ot&k Stale of plortda At Large Printed Name of Notary My commission expkes:__ — WITNESS MY HAND THIS DAY OF August, 2020 200, PU RE Ce ATIV (Lis v ors ess Relationship Affidavit) S turej By:- _ (Signature Names b&,6?F 4C--(Print) Name:. (Print) T&L ns nd Surveyor (Print) Title:—__ (Pni By:, (Signaft") By:_ (Signature Nm.,- (Print) Name: (Prix) TO: ftf) TW: (ftw By:__ (Sgn�ureJ By: (Sgnature Neme: (Print) Name:_ (Phew Title: (Pry Tide:_ (Pfh) By: (S wure) By: _(Signature Title: _IptiW) Tide' �(PW TWO: (Prft) Title:... iPYinV) By:_ _(S#wlure) By:_. (Signatte Title: (Prirw TiNe:_ _. ) Title: ( TRW. _...__.(Pratt} By (Signsturej By:..,__ _,. (Signature Title: _(Prim} Title:.__ __ _ __fty Tide: (P w Title:,_ (Prim 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. NOTARIZA T IONERQYSION STATE OF FLORIDA ) COUNTY OF MIAAM-BASE)browardL Before me,the undersigned authority.Personally app&&-ad j0hrL CR? the A ho being form me duly swam,did gear or affirm tha Q6he executed this Affidavit for the purposes stated therein and that it is true and owect Pulice LOIJ Surveyors SWORNT(J:,a, dayof-At,uu-st,200.20 r` tDA UK S T G3 27s312 T= c�✓d�+� al MY�Mle1� 20r 2022 Notary Publk ( r�y_tL>lr9a iMaw+" •T EQ�,ti; 5r r dad Thu NMW M commissionn xpires.., STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared _ _ _ the Affiant who being first by me duty sworn did swear or affirm that hehhe executed this Affidavit ter the purposes staled therein and that it is true and correct AFFlANT SWORN TO AND SUBSCRIBED before me this _day of__ 200- Noxary'Pubuc State of FIAdt-s AI Large Printed Name of Notary r~ fiM commission expires: STATE OF FLORIDA COUNTY OF MIAMI-DARE) Beige me,the undersigned author4,pergortally appeared.. __ -the Af6ent.who beirgt fustby me duty sworn,did swear or affirm that helehe executed this Af twit for the purposes stated therein and that A is true end Correct. AFFIANT _ - SWORN TO AND SUBSCRIBED before me this._ dayof 200_ Nolasy P6dk Stele o1 FlorWa At l.etge isrinted Name oiNotary - My CormYssim expires.. - _ . ----..--_ - STATE OF FLORIDA ) COUNTY OF MIAMt•DADE) Before me,the undersigned authority;personally appeared_ _ _ - the Affianl Who being first by me duly sworn,did swear or affirm that heMa executed this Affidavit for the purposes slated therein and that A is true,and comert. AFFIANT - SWORN TO AND SUBSCRIBED before ore this day of _ _ _200: Notary lit fl Stele of.Plo At iiM-9- Fdnled Nerve of Notary .- _. My commission expires:_ - � . . ^ WnNESSMY HAND THS____DAY OF AQUSt. 2Q2Q 200_ Relationship Aff0avit) w up -,. ~na- , ^ - . gn-_ re (pnw) Nomu____ ....... (Print) T0wlandscape ArchileMnO TiUs_____ Print) By:. (S»qwauxz) By:- (Siyn*ump Name: (Rnm) Name:. Rini) Tltle: -_ Title:-- By: (SIgmy8xe) By: tu NamoL._____ (Pfihl) Name: _______(FMhV TiUa (Phnt) TNePrini) (Sig/a8me) /�oma�� Tidu:_____ _-_'(Plint) T0e: 0q*�)t/ Ti (Print) Ti8m P/ioV 0y._ Si�oyoxe) By: Title: ��n� Titlm_____ (Frvt) Th|m: __��hV 8y:_ (Signature) By: (Sigmmx* Ti8o:_____________- (Print) Title: TiUm:-_____ (print) Title: NOTE: 1} Use duplicate sheets if disclosure information for Representative varies 2}Applicants and AMluots are advised to timely supplement this Affidavit pursuant to See. 31'71(h)(2)(iv) of the C\ty`s Land Development Regulations in the City Code, in the event that prior to omusidanxdon of the application by the City Bound or Commission, the in6v,mndun provided in the*ffiduvd becomes incorrect o, NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared,AVXG% )W/ 41A�,Affiant,who being first sAart, id swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and correct. s' n Group B . A'FFIA � SWORN TO AND SUBSCRIBED before me this day of AUg U$-t ,20020 :ko► VALERIA SOTO �': Notary Public-State of Florida y�.; Commission N HH 3014 Notery� rc eof Largo a M1.: My Comm.Expires Jul 25.202A ([a _ Bonded through National Notary Assr, Printed Name of Notary My commission expires:.?f .4l Z y STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared _ _ _ —the Affiant,who being first by me duty sworn,did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this, _day ot_ _ 20D— "d 7pw*Slate 6f 96(1 Ai ltfga Printed Name of Notary r My commission expires; STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared �._ _the Affiant,who being first by me duty swan,did swear or affirm that helahe executed this Affd"for the purposes stated therein and that it Is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this. doy of.. �._ 200 . 14010 y P4t6lic State of Roth__At l.erpe Printed Name of Notary My Commission e(pires:_ STATE OF FLORIDA _.) __._ .._._.,_....._._....�_..._.�_......__,..�..,.._........_.....� COUNTY OF MIAMI-DADE) Before me,tie undersigned authority,personally appeared r the Affient,who being fast by me duly sworn,did swear or affirm that he/she examined this Affidevit for the purposes stated therein and that N Is true and correct. AFFIANT ��- SWORN TO AND SUBSCRIBED before me this. -day of 260_. Notary OFIiic State of Ftodde At Large Pdnted Name of Notary My commission expires:_ _ ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD, LOCATED AT 20955 BISCAYNE BOULEVARD, AS LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, FROM OP, OFFICE PARK DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Alan S. Rosenthal on behalf of Centtral Aventura LLC, through Application No. REZ2010-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation ("Rezoning") of the 1.55 acre parcel of land on the east side of Biscayne Boulevard, with municipal address of 20955 Biscayne Boulevard, legally described in Exhibit"A"attached hereto, (the "Property")from OP, Office Park District to B2, Community Business District; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the Rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the Rezoning application and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zoning Map Amended. The Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the Property, legally described in Exhibit "A" to this Ordinance, from OP, Office Park District to B2, Community Business District. 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 City of Aventura Ordinance No. 2021- 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. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised to accomplish such intentions. Section 5. Disclaimer and Condition. 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 a 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 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Ordinance No. 2021- PASSED on first reading this 6t" day of April, 2021. PASSED AND ADOPTED on second reading this 4t" day of May, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of 2021. City Clerk City of Aventura Ordinance No. 2021- EXHIBIT "A" LEGAL DESCRIPTION OF LAND PARCEL [: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, of Block 2, of HALLANDALE PARK NO. 11; CORRECTED PLAT according to the Plat thereof, as recorded in Plat Book 27, at Page 39,of the Public Records of Miami-Dade County: Florida. PARCEL 2: All that part of the 25-foot-wide strip of land formerly known as HARVARD AVENUE (presently designated as N.E. 29th Avenue) as shown on Plat entitled HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof, recorded in Plat Book 27 at Page 39 of the Public Records of Miami-Dade County, Florida, bounded to the North by the Westerly extension of the North boundary of Block 2 and bounded to the South by the Westerly Extension of the South boundary of Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Northeast tangent to the South with the South boundary of Lot 22 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot22, in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT. ALSO The external area formed by a 25 foot radius curve concave to the Southeast tangent to the North with the North boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11, CORRECTED PLAT, and tangent to the West with the West boundary of Lot 21 in Block 2 of said HALLANDALE PARK NO. 11 , CORRECTED PLAT. PARCEL 3: All that part of the East 1/2 of Lot 2 in Block 6, lying East of Federal Highway, MAP OF TOWN OF HALLANDALE, according to the Plat thereof, as recorded in Plat Book"B", Page 13 of the Public Records of Miami-Dade County, Florida. LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 filed October 30, 1978 in Official Records Book 10199 Page 1672, and re- recorded March 26, 1979 in Official Records Book 10341, Page 2211, described as follows: A Tract of land being a portion of that part of the East one-half (EI/2) of Lot 2, Block 6, lying Easterly of FEDERAL HIGHWAY, MAP OF TOWN OF HALLANDALE in Section 34, Township 51, South, Range 42 East, Dade County, Florida, according to the Plat thereof recorded in Plat Book "B" at Page 13 of the Public Records of Dade County, Florida, said Tract of Land being more particularly described as follows: Commence at the Northwest Comer of the South one-half(S 1/2)of the Northeast one quarter (NE 1/4) of the Southeast (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51 South, Range 42 East, Dade County, Florida, said point being also a westerly comer of Tract "A", DONN ACRES, according to the Plat thereof recorded in Plat Book 76 at Page 30, of the Public Records of Dade County, Florida; thence run South 010 03 '38" East along the West boundary of the Northeast one-quarter (NE 1/4) of the Southeast one-quarter City of Aventura Ordinance No. 2021- (SE 1/4) of the Northwest one quarter (NW 1/4) of said Section 34, being also along the East boundary of said Lot 2, Block 6, MAP OF TOWN OF HALLANDALE a distance of 50.71 feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course, being along the last described line, a distance of 55.34 feet to the point of intersection with the Westerly projection of the North boundary of Block 2, HALLANDALE PARK NO. 11, CORRECTED PLAT, according to the Plat thereof recorded in Plat Book 27, at Page 39, of the Public Records of Dade County, Florida; thence run North 65041'00"West along a line that is perpendicular to the Southeasterly Right of Way boundary of FEDERAL HIGHWAY (also known as U.S. No. I; also known as STATE ROAD NO. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida, a distance of 43.42 feet to the point of curvature of a curve concave to the Southeast and having for its elements a radius of 25.00 feet and a central angle of 90000'00"; thence run Northwest-wardly, Westwardly and Southwestwardly along the arc of said curve a distance of39.27 feet to the point of tangency; said point being on the Southeasterly Right of Way boundary of said FEDERAL HIGHWAY; thence run North 24019'00" East along said Southeasterly Right of Way boundary of FEDERAL HIGHWAY a distance of 100.00 feet to the point of curvature of a curve concave to the Northeast and having a radius of 25.00 feet, said point of curvature bearing North 65"41'00" West from the center of said curve; thence run Southwestward ly, Southwardly and Southeastwardly along the arc of said curve, through a central angle of 90000'00", a distance of39.27 feet to the point of Tangency; thence run South 65"41 '00" East a distance of 19.70 feet to the Point of Beginning. AND LESS AND EXCEPT therefrom that Right-of-Way granted to Dade County in Deed dated August 23, 1978 recorded October 30, 1978 in Official Records Book 10199, page 1674, all of the Public Records of Dade County, Florida, described as follows: The South 25.00 feet of that part of Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE according to the Plat thereof recorded in Plat Book B, at Page 13 of the Public Records of Dade County, Florida, lying Easterly of the Southeasterly Right of Way boundary of FEDERAL HJGHWA Y (also known as U.S. No. I; also known as STATE ROAD No. 5) as shown on Right of Way Map as recorded in Plat Book 34, at Page 54A, of the Public Records of Dade County, Florida. ALSO The External area formed by a 25 foot radius curve concave to the Northeast, tangent to the South with a line that is parallel to and 25.00 feet Northerly of, as measured at right angles to, the South boundary of said Lot 2, Block 6, MAP OF THE TOWN OF HALLANDALE, and tangent to the Northwest with the Southeasterly Right of Way Boundary of said FEDERAL HIGHWAY. ALL OF THE FOREGOING PARCEL 3 lying, situate and being in the Northwest one-quarter(NW 3/4) of the Southeast one-quarter (SE 1/4) of the Northwest one-quarter (NW 1/4) of Section 34, Township 51South, Range 42 East, Miami-Dade County, Florida. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson (92� City Manager BY: Joanne Carr, AICP J-(AW Community Development Director DATE: April 2, 2021 SUBJECT: Application by Aventura North Distrikt Developments LLC for Amendment to the Text of the City of Aventura Comprehensive Plan to Revise Policy 2.1, Business and Office Land Use Category, of the Future Land Use Element City Case File CPA2103-0001 April 6, 2021 Local Planning Agency Meeting Agenda Item 413 April 6, 2021 City Commission Meeting Agenda Item 7A June 1, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve amendments to Policy 2.1 of the Future Land Use Element of the City of Aventura (the "City") Comprehensive Plan as described below. THE REQUEST The applicant, Aventura North Distrikt Developments LLC, is requesting an amendment to Policy 2.1 of the Future Land Use Element of the City's Comprehensive Plan to permit (1) residential uses with a maximum density of 57 dwelling units per acre in the MO, Medical Office District and contiguous Business and Office use designated lands as specifically provided in the Land Development Regulations and (2) a maximum floor area ratio of 2.49 for developments that dedicate certain lands for public right of way and construct a public road at its cost, both subject to conditional use approval, in the Business and Office future land use category. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND Although a text amendment to the City's Comprehensive Plan is not property specific, the proposed amendment will facilitate the development of the property lying between 1 Biscayne Boulevard and East Dixie Highway, north of the intersection of NE 213/214 Street to the north City limit. The applicant has proposed a mixed-use project with residential/hotel/office/retail and an assisted living facility within 12.50 acres of land. A rendering of the development is attached as Exhibit#2 to this staff report. The first amendment requested by the applicant is to allow residential uses in the Business and Office future land use category with a maximum residential density of 57 dwelling units per acre, subject to conditional use approval, in the Medical Office zoned portions of the Business and Office designation and contiguous Business and Office designated properties that are part of a master site development plan and agreement. The second amendment requested by the applicant is to allow a maximum floor area ratio of 2.49 in the Business and Office land use category, subject to conditional use approval, for properties that dedicate a minimum of 35,000 square feet of land to the City for public road construction as part of an overall development and construct the road at the owner's or developer's expense. The Business and Office Land Use Category in the Future Land Use Element of the City's Comprehensive Plan currently allows a maximum of 2.0 floor area ratio and does not include residential uses. Approval of an amendment to that land use category is required to allow the proposed mixed-use development. The development proposal will also require application for and approval of an amendment to the MO, Medical Office zoning district in the City's Land Development Regulations (LDR) to allow increased floor area and density. The applicant has submitted its LDR amendment application, which is the subject of a separate staff report and ordinance on the April 6 Local Planning Agency and City Commission meetings. If the proposed amendments to the Comprehensive Plan and Land Development Regulations are approved, the next steps in the development process will be submission and review of a master site plan and development agreement,which will be presented to the City Commission at a public hearing. The developer anticipates construction in three phases. A separate site plan will be reviewed for each phase and once all review 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. Underlined text indicates insertions. Stricken-through text indicates deletions. 2 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: Business and Office This category accommodates the full range of sales and service activities. Included are retail, wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. However, private commercial marinas may only be permitted as a conditional use as contained within the land development regulations. Residential uses on properties zoned MO, Medical Office District, under the City's Land Development Regulations and contiguous Business and Office designated properties developed as part of an approved development agreement, may be permitted subject to conditional use approval. These uses may occur in self- contained centers, high-rise structures, campus parks, Town Centers or in nodes defined by the intersection of two arterial roadways or the intersection of an arterial and a local or collector street. Additionally, the Metropolitan Urban Center (MUC) designation as described and adopted within the Miami-Dade Comprehensive Master Development Plan may be applied as an overlay within this land use category. The specific range and intensity of uses appropriate in a particular Business and Office property is dependent on the particular land use, design, urban services,transportation, environmental and social conditions on and around the subject parcel at the time of approval including consideration of applicable goals, objectives and policies, and the provisions of applicable land development regulations which serve to implement the comprehensive plan. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures)divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development and construct the public road at the owner's or developer's expense,shall have a maximum allowable floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site 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 text of the Comprehensive Plan may be amended by application of any person, board, agency or their 3 authorized representative. The application has been submitted by the proposed developer in accordance with that section. The applicant's attached Letter of Intent describes the consistency of its requests with the goals and objectives of the City's Comprehensive Plan. This amendment, if approved, will facilitate the development of a mixed-use development of a 12.2-acre property in the northwest corner of the City. At the February 18, 2021 workshop presentation, the City Commission requested that a study be presented by the applicant concurrent with discussion of the text change to the comprehensive plan, to confirm the applicant's statement that this proposed development would reduce traffic compared to as-of- right development in this zoning district. A trip generation analysis prepared by the applicant's traffic engineer, David Plummer & Associates, is attached as Exhibit #3 to this staff report. The analysis compares the number of trips generated daily, in the a.m. and p.m. peak hours for maximum development based on the existing zoning to number of trips generated by the proposed mixed-use development. The analysis shows that the traffic generated by the existing zoning if developed with one of the highest permitted traffic generators, that is medical offices, at the 2.0 maximum floor area ratio is 34,110 daily trips, 1,468 a.m. peak hour trips and 2,834 p.m. peak hour trips. If developed as proposed with a mix of office, hotel, multifamily residential and assisted living facility, the analysis shows that traffic will be reduced to 13,230 daily trips, 537 a.m. peak hour trips and 640 p.m. peak hour trips. This is a 61% reduction in daily trips, a 63 % reduction in a.m. peak hour trips and a 77% reduction in p.m. peak hour trips. Additionally, the development will mitigate number of trips by providing a dedicated drop off area for the City's shuttle bus and Freebee service and by providing an improved east-west access road between Biscayne Boulevard and East Dixie Highway. A full, in depth traffic study will be submitted and reviewed as part of the future site plan approval applications. 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. 4 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F C4 Bilzin Sumberg Brian S.Adler,Esq. Tel 305.350.2351 Fax 305.351.2206 badlerftilzin.COm March 1, 2021 Ms. Joanne Carr City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request to Amend Text of City of Aventura Comprehensive Plan Business and Office Section of Land Use Element Dear Ms. Carr: Please consider this our request on behalf of our client, Aventura North Distrikt Developments, LLC ("Aventura North") in connection with an application to amend the text of the Business and Office section of the City of Aventura ("City") Comprehensive Plan Land Use Element. Aventura North is the proposed developer of portions of the property located in the application. A. The Property While this application is a text amendment and therefore property specific information is not required, the particular property under consideration as part of this amendment may be helpful for your evaluation. Any development will be subject to property specific applications in the future. The property anticipated to be part of a future application is currently owned by Aventura Dixie LLC and Jasmin Investments LLC and consists of approximately 12.50 acres located between the intersection of where NE 213th Street crosses Biscayne Boulevard to the West (which is anticipated to become the new realigned Northeast 214 Street) and along NE 214th Street, extending north to the county line/northern City limits, and between Biscayne Boulevard and East Dixie Highway (the "Property"). This area remains one of the last development parcels within the City of Aventura and has been an area of focus for redevelopment for over 20 years. The City's Comprehensive Plan since its original adoption in 1998 has singled this particular area as a focus for redevelopment. In fact, redevelopment of this particular area is one of three focus areas highlighted within the City of Aventura's Comprehensive Plan ("Comp Plan") for redevelopment as recognized with specific reference on numerous pages of the City of Aventura's Comprehensive Plan as highlighted on the attached as Exhibit "A". Bilzin Suniberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florid- Tel 305.374.75801 Fax 305.374.7593 1 hilzia.com EXHMIT 1 CPA2103-0001 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Can, March,,2021 Page 2 C� Bilzin Sumberg The Hospital District where the Property is located is one of three specific areas that were part of the City's focus for redevelopment since its incorporation. See Comprehensive Plan Page 6 attached as Exhibit "A." The area where the anticipated future application is located remains mostly undeveloped and has been historically characterized by fragmented ownership, misaligned and substandard platted streets in need of costly expansion and construction, and narrow platted lots, and an absence of incentives or development potential to justify the costs associated with development of the Property or to put it on par with developments east of Biscayne Boulevard, which enjoy water frontage, water views or sufficient developed infrastructure. B. City Comprehensive Plan: Historical and Current Promotion of Redevelopment of Hospital Area The objectives and policies of the original 1998 City of Aventura Comprehensive Plan emphasize within the very first page of text, and in the actual introduction, the need for redevelopment and upgrading of the hospital area. See Exhibit "A" Comprehensive Plan Page 4. The hospital area is not only the focus for redevelopment in the Introduction but various places throughout the Comprehensive Plan. The Future Land Use Element specifically identifies the hospital district as an area to be redeveloped. (See Exhibit "A", Comp Plan, Page 6.). Further, the City of Aventura Economic Development Component and Urban Design Elements, on Page 8 of the City of Aventura Comprehensive Plan, also specifically encourage the redevelopment of the hospital area. See Exhibit"A". While the remainder of the other areas identified in the City Comprehensive Plan as a focus for redevelopment have achieved the desired economic development and growth, those areas lie mainly east of Biscayne Boulevard, capitalizing on their natural attributes such as water frontage or water views or proximity to the mall, established roadway dedications and infrastructure or a core built-in residential density in the immediate area to support development. The Property that would be subject to a future application does not enjoy the same built-in natural attributes or infrastructure/roadway network to support development at the current limitations contained in the City Comprehensive Plan and land development regulations. The fragmented ownership compounded the obstacles to redevelopment, which required the acquisition of dozens of platted parcels under varied ownership over an extensive period of time. While most properties east of Biscayne Boulevard are comprised of a single lot or limited number of properties, the fragmented ownership has historically contributed to the other impediments to redevelopment. Further, the Property is not waterfront and not only does not provide the same development opportunities as waterfront or water-view properties, or areas where surrounding density already exists, but also has an insufficient roadway network in extensive need of dedication and costly redevelopment that has historically impeded its redevelopment. Proper development and alignment of NE 214 Street requires a total reconfiguration of the westbound intersection, extensive dedication for the lengthy anticipated roadway and a widening of the current street. Additionally, to properly enter the area given the angle of Biscayne Boulevard not only envisions the re-alignment of Northeast 214 Street, mast arms and coordination with the County and Florida Department of Transportation, but it has been determined that a southbound dedication and development of a deceleration lane along Biscayne Boulevard is required. Coupled with the dedication and widening of Northeast 214 Street into a proper east- MIAMI 8104874.1 85247/91087 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March,,2021 Page 3 C> Bilzin Sumberg west access, between Biscayne Boulevard and East Dixie Highway, substantial additional dedication and construction expenditures are required. C. Opportunity Zone Furthermore, the State of Florida specifically recognizes and identifies the area where the Property is located as an Opportunity Zone, recognizing the area is encouraged for growth and development. There are limited areas within the NE Dade corridor that have been identified as such areas, highlighting the focus on desired redevelopment in this section. D. Floor Area Ratio ("FAR") Limitations Currently, the City of Aventura Comprehensive Plan limits FAR on the Property to 2.0. As the City of Aventura is aware, Brightline Station is under construction and is be located on Biscayne Boulevard and Dixie Highway to the south of the Property. Based on the specific focus within the City of Aventura's Comprehensive Plan for the redevelopment of this area, which focus has been in excess of two decades, the fact that the Property has been identified as an opportunity zone, and the proposed increase in transit and the cost and expense of redeveloping this area, including the need to re-align the intersection of Biscayne Boulevard, and, in order to create a proper gateway for this area, we propose that the potential development of the Property be increased to allow for both the increase of floor area ratio and to recognize the residential development currently provided for under the City of Aventura Land Development Regulations under the Medical Office District zoning category for property designated Business and Office. The requested changes are to provide the flexibility needed to create a developable area that will support a balanced mixed-use development of office, commercial, hotel, and residential uses supportive of redevelopment of the area. In that regard, our client proposes modifications to the text of the Comprehensive Plan and is simultaneously filing an application to amend the corresponding Land Development Regulations as delineated under that separate application. E. A. Modification to the City of Aventura Comprehensive Plan, Future Land Use Element. The Business and Office subsection of the City of Aventura Future Land Use Element is located on Page 12 of the Comprehensive Plan. In order to promote redevelopment of this historically bypassed area, we propose two specific revisions to this section. The first revision is to Paragraph 1 to provide a maximum limit on residential uses as a conditional use in the corresponding Medical Office zoned portions of the Business and Office designated areas. We I propose inserting a sentence within the first paragraph of the Business and Office designation as follows: Residential uses on properties zoned MO, Medical Office, under the City's Land Development Regulations, including contiguous Business and Office designated properties developed as part of an approved comprehensive development agreement, may be permitted as a conditional use at a maximum density of 57 dwelling units per gross acre, as more specifically provided in the City's land development regulations. MIAMI 8104874.1 85247/91087 DocuSign Envelope►D:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March,,2021 C3 Page 4 Bilzin Sumberg The second proposed modification to the Comprehensive Plan would be to Paragraph 3, of the Business and Office subsection on page 12 to provide for a maximum FAR of 2.49, as a conditional use. We are proposing two alternative ways to achieve this. One is to limit the additional intensity to developments that are required to dedicate a minimum of 35,000 square feet of land for public road construction purposes, and where the developer or owner would be constructing such road at the developer's or owner's expense. In the alternative, we propose the district language be modified to identify the specific area west of Biscayne Boulevard North of NE 214th Street, to provide for the maximum FAR of 2.49 as a conditional use. As noted above, development of the Property would require realignment, dedication and development of NE 214th Street, which will come at a very significant cost. NE 214 Street is an elongated road, stretching from Biscayne Boulevard to East Dixie Highway. The proposed change to the City of Aventura Comprehensive Plan is in recognition of the unique nature of this particular non-waterfront property, that has been long identified under the City Comprehensive Plan for redevelopment by providing the additional development incentives necessary to offset the cost of the roadway construction. The current text of the Comprehensive Plan provides: The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site 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. We propose the text be modified either as: a. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development where the developer or owner provides for the construction of such road as part of the development at the developer's or owner's expense, shall be limited to a maximum floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site 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. MIAMI 8104874.1 85247/91087 DocuSign Envelope ID:DDA949C6-BC5D-470C-BCAC-65B6462CAD8F Ms.Joanne Carr March 1,2021 Page 5 C� Bilzin Sumberg In the alternative, option b for amended language is: b. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. with the exception of development in the portion of the Hospital North area located between Biscayne Boulevard and East Dixie Highway, north of the intersection where NE 213th/NE 214th Street intersects Biscayne Boulevard, which shall be limited to a maximum floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site 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. F. Conclusion Based on the foregoing, and to implement the longstanding focus for redevelopment of this area specifically highlighted in the City of Aventura Comprehensive Plan, we respectfully request the City approve the proposed modifications set forth in this request. Thank you for your attention of the foregoing. Should you have any questions, please do not hesitate to contact me at(305)350-2351. Very truly yours, Brian S. Adler BSA/DPC/eah Attachments MIAMI 8104874.1 85247/91087 0 Q N ♦_ lil 0� �� r C h 1 i . 5 I � Z W M U � Kim 4, o Z 4L c v'U. Q ,. d H F--0 S F. O z W v I"� M W>N O 9W w ~ry ilia virF Qaz W a 1l�1III 3 — y��Ml{�� Sal gel Aventura District Development 21116 Proposed Zoning (2.49 FAR) Proposed ITE Land Use Number Daily AM Peak Hour PM Peak Hour Designation' of Units Site Vehicle Vehicle Trips Vehicle Trips Trips In Out Total In Out Total 40,108 SF East General Office Land Use Code: 710 17,500 SF Central 728 78 13 91 13 66 79 10,135 SF West 65,940 SF East Retail 78,090 SF Central 8,320 144 88 232 371 402 773 Land Use Code:820 17,240 SF West Multifamily Housing(High- 301,666 SF East Rise)693 Units 485,798 SF Central 2,942 50 157 207 149 95 244 Land Use Code:222 148,420 SF West Hotel 120 Rooms 77,000 SF East 928 32 22 54 33 31 64 Land Use Code:310 Assisted Living Facility(ALF) 120 Beds 97,420 SF Central 312 14 8 22 12 19 31 Land Use Code:254 Total Gross Trips 11,230 1 318 1 288 606 578 613 1 191 Internal Capture AM PM)- (5.6%,24.9%) -17 -17 -34 -148 -148 -296 Other Modes of Transportation 3 6.1% -18 -17 -35 -25 -28 -53 Retail Pass-by(PM)2 34% 0 0 0 -101 -101 -202 Net Proposed Zoning Trips 283 254 537 304 336 640 Existing Zoning (2.0 FAR) Daily AM Peak Hour PM Peak Hour Existing ITE Land Use Designation Number of Vehicle Vehicle Trips Vehicle Trips Units Trips In Out I Total In Out Total Medical Office 890,100 SF 34,110 1,219 344 F,563 845 2,174 3,019 Land Use Code: 720 Total Gross Trips 1 34,110 1,219 344 1 1,563 845 1 2,174 3,019 Other Modes of Trans ortation 6.1% -74 -21 -95 -52 1 -133 -185 Net Existing Zoning Trips 1,145 323 1,468 793 1 2,041 2,834 New External Trips AM Peak Hour PM Peak Hour Daily Vehicle Trips Vehicle Trips Vehicle Trips In Out Total In Out Total Proposed Zoning(2.49 FAR) 1 13,230 283 1 254 537 304 336 1 640 Existing Zoning 2.0 FAR 34,110 1.145 1 323 1 468 793 2 041 2 834 Difference -20,880 -862 -69 -931 -489 -1,705 -2,194 basea on 11 h t np ueneranon Hanat/ook,Jra La. tsasea on Ub census tract t.sq ana tocai cnatactensncs. BXRWIT CPA2103-0001 APPLICANT REPRESENTATIVE AFFIDAVIT �f1}y v'C�tl� Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship(i.e.Attorneys,Architects,Landscape I Architects,Engineers,Lobbyists,Etc.) Brian S.Adler,Esq. Attorney Bernardo Rieber Applicant Representative Bernardo Fort Architect Fidel Zabik Architect Maxine Lambert Architect Daniel Fortin,Jr. Surveyor/Engineer Juan Espinosa Traffic Engineer/Consultant Tim Plummer Traffic Engineer/Consultant (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ZI DAY OF. 1'IAIZ t 2021. APPLICANT :BY Bernardo Ri STATE OF FLORIDA ) COUNTY OFMIAMI-DADE ) Before me the undersigned authority personally appeared Bernardo Rieber as the Manager of Aventura North Distrikt Developments, LLC, owner of a portion of the Property subject to the application,who being first by me duly sworn,0 did swear or affirm by 0 physical presence or 0 online notarization X and personally known to me or produced as identification,that they executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this 29 day of March,2021, Not*eof orida At Large My commission expires:Sep 13,2022ot;".Y'ti: ANTONIETTA JURADO BLANCO PrinAntonietta Jurado Blanco �•. Notary Public-State of Florida Commission M GG 258592 My Comm.Expires Sep 13,zo2z MIAMI 74830603 85247/91087 Dunded through National Notary Assn, BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with')'applicable portions only) [ ]1. Aftiant does no have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [X ]2. AfSant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: Robert L ShelW (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,cc-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venture with the Applicant or Representative in any business venture; []Ill. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (J v, The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,0N.00 of the business of the member of the City Commission or Board (or his or her employer)in a given calendar year; [X]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 OFF FCC .2021. APPLICA PRESENTATIVE: By: Signature) Name: Brian S. flier (Print) Tdie: Attomev (Print) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE j Before me,the undersigned authority,personally appeared,Brian S.Adler the Affiant who being first by me du swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Brian S.Adler SWORN TO AND SUBSCRIBED before me thisJ_day of.��e 21. C Notary Public Stalld J4,9 e iQ 4 Printed Name of Notary My commission expires: 4P....ZNV6 ELIZABETH ORTIZ • * CCmminlon/GG 277511 +�o A` ear.d nw December 17,2022 pire Mohr sovkes MIAMI 7503286.2 85247/91087 h ° BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(bK2)(11)of the City of Aventura Land Development Code. The undersigrted Affiant hereby discloses that. (mark with'x'applicable portions only) (XJ 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the appiication will be presented. ( )2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [)I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; [j ii. Member of City Commission or Board Is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; (]Ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [)iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; ()vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS M DAY OF nAw-ft 2021. APPLIC VNTATIVE: By. (Signature) By. (Srjnature) Namvllemardo Rieber (Print) Name: Maxine Lambert (Pr1ntJ Tit Applicant Representative (Print) Title: Architect (Prrntl 8Y (Signature) Name: Bernardo Fo1 (Print) rd* Arcftttect (Print) By. (Sfgneture) Name: Daniel Fordn.Jr. (Prim() Title: Survevod6udmeer (Print) PROPERTY OWNER: By (Signature) Name; Fidel Zablk fPrir�j Tide Apd*ad (Print) 'The terms Business Relationship,'°Client'"Customer,""Applicant,'`Representative'and'Interested Pierson'are defined in Section 2-395 of the Aventurs City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MW -DADE) Before me,the undersigned authority,personally appeared Berurdo Rlaber,the Affianl,who being first by me duly swom,did swear or affirm that he/she executed this Affldevit for the purposes stated therein and that it Is true and correct. A9111AT SWORN TO AND SUBSCRIBED before me this Q day cf nAQUt ,202 . �W.�ralr �i►�. ANC tETTA JURADO BLANCOJ,. Fbri��. �'. Not Public•State of Florida N i Commission 0 GG 258592 My Comm.Expires Sep 13,2022 Printed Name of Notary Bonded through National Notary Assn. My cornmiaeion expires:j P Eb,,2--yy��4�' STATE OF FLORIDA ) COUNTY OF MIANZADE) Before me,the undersigned authority,personally appeared Bernardo Fart, the Afilant,who being first by me duly swom,did swear or affirm that harshe executed this Affidavit for the purposes stated therein and that it Is true and car,ecL AFFIANT SWORN TO AND SUBSCRIBED before me this_day of _ .2021, Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MWM MADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated Bnereirn and that ft is inns and convot AFFIANT SWORN TOAND SUBSCRIBED before metlib—day of .2021• Notary Public State of Fonda At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DARE) Before me,the undersigned authority,personally appeared Maine LambeR, the Afflant,who being first by me duty swan,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and owed AFFIANT SWORN TO AND SUBSCRIBED before me this_„day of .2021. Notary Public State of Florida At Large Printed Nerne of Notary MIAMI 7483925.3 85247/91087 2 0 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2yii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with Y applicable portions only) [X]4. Affiant does=have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: HI Member of City Commission or Board holds an ownership Interest in excess of 1%of total assets or capital stock of Applicant or Representative; [J It. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or ON venturer with the Applicant or Representative in any business venture; (]Ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professbnal working from the same office or for the same employer as the member of the City Ccmm;esicn or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (J v. The Applicant or Representative is a Customer of the member of the City Commission or Board(oar of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative In a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: BY— BY rs~) Narwe: Bernardo Rieber (Ah>y Name: Mmft LM tbert (Print) Title: Aodicant Rewasenildve (Print) Title: Ard tted (Pa1rM) BY Signature) Nwne:_ (P. 0 Title: (Print) BY __.,. 4 (Signature) N Daniel Fortin.Jr. (Print) Tit . Surveyor/Enaineer (Print) PROPERTY OWNER: BY, rswStura) Now. Fldd Zabik rPHrat) Tttt: Anclftct (Pr1W) 'The terms Business Relationship,''Client,'"Customer,"Applicant,"Representative'and`Interested Person'are defined In Sedion 2-395 of the Aventure City Code, MIAMI 7483925.3 95247/91087 STATE OF FLORIDA ) f` COUNTY OF MIAMI-DADS) Beka me,the undersigned authority,peraorially appeamd Rarriel Fortin.Jr., the Aftnt,who first iby — m,did or affirm that he/she executed this Affidavit for the purposes stated therein and that k is We and coned. L AFFIANT SWORN TO AND S '202 L . NCOV t40ao titw of FkxidaSuw P.Key IL My Car,,,ni. 6p o7pp4a M�uy Pubk of F�AtLo" �4 ExVM ONOeR0224 r > a� Printed Name of Nary „i �,/ My commission expiros: O V 0 r WITNESS MY HAND THIS DAY OF ,2021 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: (Sipn9m) By fSi�aturs) Name: Bemardc Bieber (Print) Name: Friel Zabik (PrNft) Title: Auftrized ReDresentobve (Print) True: Architect (Print) By. By. lSigflaflme) Name: K (Print) Name: Maxine Lambert (Print) Title: nt) Title: Architect (Print) B ' 0,4 __. gnature) BY (Sur+e) ZName: Daniel Fortkl.Jr. (Prink Name: fPrayff) Title: Surveyor i Engineer (Print) Title: fPdnt) By, !ft rdt") By: ( ►'e) Name: (P" Name: fPrmtl Title: !Print) Title: lPrrnt) ay: !Signature) By, rSigrure) Name: lP*o Name: (Pit Tkle ff Title: fPt�irtt) Br fsignalue) By: signat'ra►e) Name: IA" Name: lPnht) Title Part) Title' fPftitt) 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 applicaticn by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 7483925.3 85247/91087 3 �R BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Cale. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 12021. APPLICANT REPRESENTATIVE: By: (Signature) By: ! _ (Signature) Name: Bernardo Rieber (Print) Na Maxine Lambert (Print) Title: A.-plicantRepresentative (Prat) Title: Architect (Print) By: ��Sigrrafura) Name r ort Prirttj Title: Archi (Print) By: (Signature) Name. Daniel Fortin.Jr. (Print) Title: Surveyor/Engineer (Print) l PROPERTY 0 NER. By (Signature) Nam : i I ik Printj Title:! Arch' (Print) *The t MIS "Business Relationship,""Client,""Customer,""Applicant,""Representative"and"Interested Person"are defined in Seca n 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personalty appeared BemaMo Riaber,the Affiant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it Is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this^day of .2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires, STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) 00 Before me,the undersigned authority,personally appeared Bernerdo Fart the Afflant being first by me d ly away iAd s r or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AF 4940 SWORN TO AND SUBSCRIBED before me thday of. _,2021. de f MONtCA DELMONTEFloridalloa¢ry Pubic S of bride qt l,drga i!\ # Notary public•State of F /Wdru� iNtlplr117�G Commssion a HH 46669 Prod Name of Notary ors My Comm.Expires Sep V.IOZ4 my commission expirm m�Banded throush National Notary Assn, STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zablk, the Aifient,who berg first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. 1- AF SWORN TO AND SUBSCRIBED before me fides dry Gel 2021. "'t• MONICA DELMONTE Nogyy Pubtic ytof)lorida A Lame N Notary public.State of Florida .. M Commission a HH 46669 Printed Name of Notary y Comm.Expires Sep 27.2024 My commission expires:1� "8onded throush National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me,the undersigned authority,personally appeared Maxine Lambert, the Affiant,who being first by me duly swom,did swear or affirm that he/she exearted this Affidavit for the purposes stated therein and that it Is true and corrwL SWORN TO AND bebre me tt4_1 dayof, '2021. `•MONICA DELMONTE Notggr Public t pride At ar e Notary public•State of Florida f-1 Commission N HH 46669 Printed Norse of Notary „ ry My Comm.Expires Sep 27,2024 My cxxnmission exp . %+ 2 Bonded throush National Notary Assn. MIAMI 7483925.3 85247/91087 aBUSINESS RELATIONSHIP AFFIDAVIT'S This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Maxine Lambert (Print) Title: Applicant Representative (Print) Title: Architect (Print) By: Signature) By: /ve;_ {Signature) Name: Bernardo Fort (Print) Name: Juan inosa {Print) Title: Architect (Print) Title: Traffi - in nsultant (Print) By: (Signature) By: (Signature) Name: Daniel Fortin Jr, (Print) Name: Tim iu (Print) Title: SurveyorlEngineer (Print) Titife: Tra ineerlConsultant (Print) PROPERTY OWNER: By (Signature) Name: Fidel Zabik (Print) Title: Architect (Print) *The terms"Business Relationship,""Client,""Customer,""Applicant,""Representative"and'Interested Person"are defined in Section 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Bernardo Rieber, the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Bernardo Fort, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Maxine Lambert, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: N11ANII 7483925.3 85247/91087 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Daniel Fortin Jr., the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Juan, the Affiant,who being.it by me duly worn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFy ANT SWORN TO AND SUBSCRIBED before me this day of �'B. ,2021. a ublic 5 of i t ".'!!t� SUSAN M KILLMEYER MY COMMISSION N GG 919821 Printed Name of Notary 'o EXPIRES:Octoier 14,2023 My commission expires: ?`ti►*t•.�' laon W Thru Notary Public Undemillers STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Tim Plummer, the Affiant,who b my worn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. '�7]pp AFFIA T SWORN TO AND SUBSCRIBED before me this day of / .__.,2021. ___ got j—, . 46 P bli e of } J,it ar. ew Printed Name of Notary My commission expires: SUSAN M KILLMEYER :* MY COMMISSION 0 GG 919821 EXPIRES:October 14,2023 Iiorrded Thru Notary Public LhrderNt w oiwimiisiaiimm MIAMI 7483925.3 85247/91087 3 WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Fidel Zabik (Print) Title: Authorized Representative (Print) Title: Architect (Print) By: (Signature) By: (Signature) Name: Bernardo Fort (Print) Name: Maxine Lambert (Print) Title: Architect (Print) Title: Architec (Print) By: (Signature) By: (Signature) Name: Daniel Fortin,Jr. (Print) Name: Juan Espinosa (Print) Title: Surve i er (Print) Title: Traffic Engineer/Consultant (Print) By: (Signature) By: (Signature) Name: Tim Pi er (Print) Name: (Print) Title: Traffic E ineer/Consultant (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) 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. MIAMI 7483925.3 85247191097 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ADD TO THE BUSINESS AND OFFICE LAND USE CATEGORY, RESIDENTIAL USES IN THE MO, MEDICAL OFFICE DISTRICT, ZONING CATEGORY AND CONTIGUOUS BUSINESS AND OFFICE DESIGNATED LANDS AND PERMIT AN INCREASED FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE CERTAIN LANDS TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, BOTH SUBJECT TO CONDITONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; 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, Aventura North Distrikt Developments LLC, through Application No. CPA2103-0001, has made application to the City of Aventura to amend Policy 2.1, Objective 2 of the Land Use Goal in the Future Land Use Element of the Plan to add to (1) the Business and Office land use category, residential uses in the MO, Medical Office District, zoning category and contiguous Business and Office designated lands developed as part of an approved development agreement and (2) permit an increased floor area for developments that dedicate certain lands to the City of Aventura ("City") for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval; and WHEREAS, the applicant, through Application No. LDR2103-0001, has made concurrent application to the City to amend Section 31-144(a) and (f) of the City's Land Development Regulations to allow increased density and floor area ratio to implement the above described amendments to the Plan, which application is contingent upon the plan amendment transmitted becoming effective; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the 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 amend Policy 2.1 of Objective 2 of the Land Use Goal in the Future Land Use Element to (1) add residential use in the MO, Medical Office District, zoning category and contiguous Business and Office designated lands developed as part of an approved development City of Aventura Ordinance No. 2021- agreement and (2) permit an increased floor area for developments that dedicate certain lands to the City for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval; 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 Objective 2, Policy 2.1 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows': "FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Business and Office This category accommodates the full range of sales and service activities. Included are retail, wholesale, personal and professional services, commercial and professional Underlined text indicates additions. Stricken-through text indicates deletions. Page 2 of 5 City of Aventura Ordinance No. 2021- offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusements and commercial recreation establishments. However, private commercial marinas may only be permitted as a conditional use as contained within the land development regulations. Residential uses on properties zoned MO. Medical Office District, under the City's Land Development Regulations and contiguous Business and Office designated properties developed as part of an approved development agreement, may be permitted subject to conditional use approval. These uses may occur in self-contained centers, high-rise structures, campus parks, Town Centers or in nodes defined by the intersection of two arterial roadways or the intersection of an arterial and a local or collector street. Additionally, the Metropolitan Urban Center (MUC) designation as described and adopted within the Miami-Dade Comprehensive Master Development Plan may be applied as an overlay within this land use category. The specific range and intensity of uses appropriate in a particular Business and Office property is dependent on the particular land use, design, urban services, transportation, environmental and social conditions on and around the subject parcel at the time of approval including consideration of applicable goals, objectives and policies, and the provisions of applicable land development regulations which serve to implement the comprehensive plan. The maximum allowable development intensity shall be a floor area ratio of total building square footage (not including parking structures) divided by the net lot area of the development parcel of 2.0. Notwithstanding the foregoing, developments that dedicate a minimum of 35,000 square feet of land for public road construction purposes as part of an overall development and construct the public road at the owner's or developer's expense, shall have a maximum allowable floor area ratio of 2.49, subject to conditional use approval. Actual intensities approvable to a given site may be significantly lower than the maximum where necessary to conform to an overriding Plan policy, or to maintain compatibility of the development with its surroundings. The maximum intensity allowable on a given site 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. Condition. 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 Page 3 of 5 City of Aventura Ordinance No. 2021- 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 5. 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 6. 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 7. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this 6t" day of April, 2021. PASSED AND ADOPTED on this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson (92� City Manager DATE: April 2, 2021 J-&W SUBJECT: Application by Aventura North Distrikt Developments LLC for Amendment to Section 31-144(a) and (0, Medical Office (MO) District of the City's Land Development Regulations to Permit Multifamily Residential Uses with a Maximum Density of 57 Dwelling Units per Acre and a Maximum Floor Area Ratio of 2.49 for Developments that Dedicate Land for Public Road Purposes and Construct the Road at the Owner's or Developer's Expense, both Subject to Conditional Use Approval City Case File No. LDR2103-0001 April 6, 2021 Local Planning Agency Meeting Agenda Item 4C April 6, 2021 City Commission Meeting Agenda Item 7B June 1, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-144(a) and (f), Medical Office (MO) District of the City's Land Development Regulations ("LDRs") to permit multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval, 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. THE REQUEST The applicant,Aventura North Distrikt Developments LLC, is requesting an amendment to the Medical Office (MO) District zoning regulations in the City's LDRs to allow multifamily residential uses and increased floor area ratio for developments that dedicate land for public road purposes and construct the road at the owner's or developer's expense, both subject to conditional use approval. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. 1 BACKGROUND The applicant has proposed a mixed-use project on property lying between Biscayne Boulevard and East Dixie Highway, north of the intersection of NE 213/214 Street to the north City limit. The proposed project is a combination of multifamily residential/hotel/office/retail and an assisted living facility uses within 12.50 acres of land. A rendering of the development is attached as Exhibit #2 to this staff report. The applicant is requesting increased density and increased intensity for this project. Approval of an amendment to the Medical Office (MO) District zoning category in the LDRs is required to attain those increases. The proposed LDR language allows the requested increase in number of dwelling units and floor area ratio on the conditions that- (1) a minimum of 35,000 square feet of land is dedicated to the City for public road purposes; and (2) the owner or developer constructs the road at its expense; and (3) the development permit be obtained within 24 months of the date of conditional use approval, similar to other previously approved amendments to the Medical Office zoning district. The proposal also requires an amendment to the Business and Office 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. If the proposed amendments to the Comprehensive Plan and Land Development Regulations are approved, the next steps in the development process will be submission and review of a master site plan and development agreement which will be presented to the City Commission at a public hearing. The developer anticipates construction in three phases. A separate site plan will be reviewed for each phase and once all review comments are addressed, an application for conditional use approval will be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENTS' CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE II. ® USE REGULATIONS Sec. 1-1 . — Business Zoning Districts. Underlined text indicates insertions. Stricken-through text indicates deletions. 2 (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0, with the exception of_certain portions of the Medical Office (MO) District in which floor area ratio shall not exceed a maximum--of--2.49- as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: a. Business-related schools. b. Except as forth under subsection r. belo_wmMulti-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1 .0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate a minimum of 35,000 square feet of land to the City for public road purposes and construct the road at the owner's or developer's expense, increased floor area ratio not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two or more phases, the phasing provisions of Section 31-79(i) of this Chapter shall apply after the 24 month period provided in this Section. 3 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 residential and commercial development contemplated by the proposed amendment to the Business and Office 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. 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 Medical Office District. 4 DocuSign Envelope ID:BD6B78BD-3FFA-4AB5-4576A94EDFB93 14" C4 Bilzin Sumberg Brian S.Adler,Esq. 305.350.2351 305.351.2206 badler(ftilzin.com March 1, 2021 Ms. Joanne Carr City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request Amendments to Sections 31-144(a) and (f), MO District Land Development Regulations Dear Ms. Carr: Please consider this our request on behalf of our client, Aventura North Distrikt Developments, LLC ("Aventura North") in connection with an application to amend Sections 31- 144(a) and (f) of the City of Aventura Land Development Regulations of the City of Aventura Medical Office ("MO")Zoning District. A. The Provertv The property is currently owned by Aventura Dixie LLC and Jasmin Investments LLC and consists of approximately 12.50 acres located between the intersection of where NE 213th Street crosses Biscayne Boulevard to the West (which is anticipated to become the new realigned Northeast 214 Street) and along NE 214th Street, extending north to the county line/northern City limits, and between Biscayne Boulevard and East Dixie Highway (the "Property").This area remains one of the last development parcels within the City of Aventura and has been an area of focus for redevelopment for over 20 years. Simultaneous with this application to amend the land development regulations, our client is submitting an application to amend the text of the City of Aventura Comprehensive Plan to increase the maximum Floor Area Ratio form 2.0 to 2.49 based on limited circumstances. The letter accompanying the amendment to the Comprehensive Plan is incorporated into this application by reference. B. Modification to City of Aventura Land Development Regulations Medical Office ("MO") District. To implement the Comprehensive Plan policies outlined in the companion application to amend the text of the Comprehensive Plan, we propose modifications to Section 31-144(a) and (f) of the "MO", Medical Office District. Specifically, we propose to reflect the potential to increase the FAR to 2.49 in subsection (a) and the creation of section 31-144(f)(2)(r), which would only apply to developments dedicating a minimum of 35,000 square of public roads for Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345r Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:BD6B78BD-3FFA-4AB5- -576A94EDFB93 ,. Ms.Joanne Carr March 1,2021 Page 2 C-4 Bilzin Sumberg construction purposes, where the owner or developer will construct the road, to allow for increase intensity, including an increased FAR ratio of 2.49, and an increased density not to exceed 57 dwelling units per acre. In order to promote the incorporation of retail, hotel, and office development within the area, the requested increase in residential density is needed to bring the core residences within walking distance or close proximate to the other uses within this area, such that it can attract uses such as a grocery stores and hotels and additional office uses, while providing housing within walking distance for the established medical uses to the south. The exiting medical facilities have extensive staff could benefit by nearby housing within walking distance to the existing and future office and service uses within the area. The increased density will allow potential residents to avail themselves of the proposed convenient residences while attracting the other companion types of uses, such as the office, retail, etc. Attached to this letter is an exhibit reflecting the proposed modifications to the Code. C. Proposed Development As part of this request we are attaching a representative plan of what our client would be seeking, which includes structures of varying height up to a maximum of 20 stories, with an FAR of 2.49 and 57 dwelling units per acre. The plan also reflects the anticipated realignment of the dedicated and vacated rights of way in order to realign the entrance to the area from Biscayne Boulevard to East Dixie Highway and to close portions of NE 214th Terrace and NE 29th Court to allow for NE 214th Street to serve as the main east-west roadway. D. Conclusion Based on the foregoing, and to implement the remaining focus area for redevelopment as specifically highlighted in the City of Aventura comprehensive plan that has existed for over twenty (20) years, we respectfully request the City approve the proposed modifications set forth in this request. Thank you for your attention of the foregoing. Should you have any questions, please do not hesitate to contact me at(305) 350-2351. Very truly yours, 15ViaJA. S, Qd.V Brian S. Adler BSA/DPC/eah Attachments MIAMI 8104875.1 85247/91087 DocuSign Envelope ID:BD6B78BD-3FFA-4AB5-9 76A94EDFB93 Ms.Joanne Carr 1 March e CO 2021 Page 3 Bilzin Sumberg P Sec. 31-144. - Business Zoning Districts. (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0.with the exception of certain portions of the Medical Office district.which FAR shall not exceed the maximum of 2.49, as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital.This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: a. Business-related schools. b. Except as set forth under subsection (r) below, multi-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1.0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate to the City a minimum of 35,000 square feet for public road construction purposes and construct the road at the developer's expense, increased FAR not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two (2) or more phases, the phasing provisions of Section 31-79(i) shall apply after the twenty-four (24) month period provided in this Section. MIAMI 8104875.1 85247/91087 O � � .f § /f � \ \ . . o Ar U oil . .� @ R ! � § cl)ZZ 22 § ■|...�,; � M O §Q$, zw§ >w� 12aflf� «c z !�!||�| ` �'. i `■ g■eil � [ �� ,U ` — H| ��! n • ] � | N ■gHE � � |. | ■||| ; ) �.| , ^ §�| ■ || .|.|, '| ■ �|§||||■ APPLICANT REPRESENTATIVE AFFIDAVIT �f1}y v'C�tl� Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship(i.e.Attorneys,Architects,Landscape I Architects,Engineers,Lobbyists,Etc.) Brian S.Adler,Esq. Attorney Bernardo Rieber Applicant Representative Bernardo Fort Architect Fidel Zabik Architect Maxine Lambert Architect Daniel Fortin,Jr. Surveyor/Engineer Juan Espinosa Traffic Engineer/Consultant Tim Plummer Traffic Engineer/Consultant (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ZI DAY OF. 1'IAIZ t 2021. APPLICANT :BY Bernardo Ri STATE OF FLORIDA ) COUNTY OFMIAMI-DADE ) Before me the undersigned authority personally appeared Bernardo Rieber as the Manager of Aventura North Distrikt Developments, LLC, owner of a portion of the Property subject to the application,who being first by me duly sworn,0 did swear or affirm by 0 physical presence or 0 online notarization X and personally known to me or produced as identification,that they executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this 29 day of March,2021, Not*eof orida At Large My commission expires:Sep 13,2022ot;".Y'ti: ANTONIETTA JURADO BLANCO PrinAntonietta Jurado Blanco �•. Notary Public-State of Florida Commission M GG 258592 My Comm.Expires Sep 13,zo2z MIAMI 74830603 85247/91087 Dunded through National Notary Assn, e_ x, BUSINESS RELATIONSHIP AFFIDAVIT* a al oJPa<l This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with Y applicable portions only) [ ]1. Affiant does_U have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [X 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: Robert L Shelley (List name of Commissioner or Advisory Board Member)who serves on the City Commission (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; (]ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venture with the Applicant or Representative in any business venture; [)III. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []V. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board (or his or her employer)in a given calendar year; (X]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 lC h 2021. APPLICA PRESENTATIVE: By: (signature) Name: Brian S, dler (Print) Tdle: Adw*v (Print) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE } Before me,the undersigned authority,personally appeared,Brian S.Adler the Affiant,who being first by me du sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct Brian S.Adler SWORN TO AND SUBSCRIBED before me this day of�21. Notary Public S f ~t-,v re/A 4 Printed Name of Notary My commission explree: ELIZABETHORTIZ • * Commisslon#GG 211511 ~�oFA�P�e Expires a1IMdmM1e11�yrblyleMY101t MIAMI 7503286.2 85247/91087 raa+' � BUSINESS RELATIONSHIP AFFIDAVIT* �'41 N This Aft!davih is made pursuant to Section 31-71(b)(2Kii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x*applicable portions only) [Xj f. Affiant does=have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: HI, Member of City Commission or Board holds an ownership Interest in excess of 1%of total assets or capital stock of Applicant or Representative; (J li. Member of City Commission or Board is a partner,co-sharehoW(as to shares of a corporal.bn which+are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Rep mnlebve in any business venture; (j IN. The Applicant or Representative is a Client of a member of the City Commission or Board or a Cllen(of another professional working from the same office or for the same employer as the member of the City Commission or Board; [J iv. A City Commissioner or Board member is a Ghent of the Applicant or Representative; (j v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her empk)yer)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; [j 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 2021. APPLICANT REPRESENTATIVE: iSlgnsturs) BY (Signature) Norm Bernardo Rieber (Pr" Name: Maxine Lambert (Prhrt) Title; Aodimit Representative (Prhrt) Title: Ardfact (Print) By. _, lSignature) Nerve; F ---2" (Print) TTtle: (Print) 8y. �`�� (Signature) N Daniel Fortin.Jr. (Print) rd.- SurveY4r/Erlgrneer (Print) PROPERTY OWNER: BY lSighnature) Nwft, F WZahik 1Pnhf) Title- Archhod (Prlyd) 'The terms'Business Relationship,'"Client,"Customer,*'Applicant,"Representative'and`Interested Person"are defined in Section 2-395 of the Aventura City Code, I IMIAMI 7483925.3 85247/91087 STATE OF FLORIDA I COUNTY OF MIAMI DADS) Before me,the undersigned autho .personalty appeared Daniel Fortin.Jr., the Aplant,who tUstby rtis3L� m,did or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and coned AFFIANT d . SWORN TO AND S kld 2021, r� Notary Pubic suit ar Flood. suaan P.ic.y . 4 My Commissim GG t♦7DW hlg�8ry Public of F7Vy—io�—Jej Law .. EMirm osuoer=4 Prirtlad Ntuna of NoMryMy abnexpkaa: r WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By. (signstrae) BY (S[pnature) Name: Bernardo Reber (Print) Name: Fides Zabik (Prfrrt) Tide:`6,uthorlud Representative (Print) Title: Archited (Print) 8Y isJgr m") By: ondurs) Name: (Print) Name: Maxine Lambert (Print) Title: chitect ( rintJ Title: Architect (Print) y B 9nature) BY (S+910m) /Name: Daniel Fortin.Jr. (Print) Name: (R►" L'Title: SuDgyM!�ng(nffiL_ {Print) Title: (Arirrt) BY (W@t") By- Name: (Prhrt} Name: fPW) Title' Title: lP►►urrt) BY (Sign0m) By: tSignetureJ Name: —JAW) Name: (Print) Tide (P►fitt) Tide: (Prir1� By: oriafure) By: (Signmata) Name: (P" Name: (F tt) Tide (mi) Tde' P" 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. MIAMI 7493925.3 85247/91097 3 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31.71(b)(2)(ii)of the City of Aventura Land Development Code. The underaigned Affiarh hereby discloses that: (mark wfth'x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ( 12. Affiant hereby discloses that It does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: 011.1. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year, []A. 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� _ ,2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rleber (Print) Namil.1 Maxine Lambert (Print) Tide: Aoolicant Representative {Print) Title: Architect (Print) By _1SignaturaJ Na Port (Prrrtr) Titre: Arahi (Print) By: ! ) Name: ' 1 Eg!%Jr. -(fit) rrtle: SurvevorlEnarreer (Pry I PROPERTY 0 NER: By (Signature) Name: 1 1 k Print) Tide: h' (Print) *The rms'Business Relationship,"Client,'`Customer,*'Appikant,""Representative"and"Interested Person"are defined in Seal n 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA } COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Beffwdo R the Af lant,who being first by me duly swum,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it Is true and cored. AFr"IAN? SWORN TO AND SUBSCRIBED before me this—day of .2021. Notary Public State of Florida Al Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared BerneWo Fat the Affian6 being first by me d ly swom ss+ r or ar�� ffirm that ttels�ph exeabed this Affidavit for the purposes stated therein and that R is true and correct. `��e— AF SWORN TO AND SUBSCRIBED before me thdey of ,2021. MONICA DELMONTE N�@�Y Pubfic S of lorida t rge .I Notary Public-State of Florida MCrM, I f Commission I HH 46669 Prlrtlod Name of No" •,a„,� My Comm.Expires Sep 27,2024 My ow mis"a �{� Bonded throu;h National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel iabik, the Affient,who be first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFF SWORN TO AND SUBSCRIBED before me fte—dry l A ,2021. .....'w MONICA DELMONTE No Pubic jgof Florloa A�Lar�e 1 Notary Public-State of Florida 23GjY1ROMt M Commis "0 HN 46669 Printed Name of Notary y Comm.Expires sop 27,2024 My commission expires:g Bonded throuOh National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Maxine Lambert, the Af lant,who being first by me duly swom,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that It is true and correct _, } n� AFFOW ._��1 r SWORN TO AND SLMSCRKD b*m me»day of.,A"_,2021. `• MONICA DELMONTE NOW Public Statergl Florida At arge )i Notary public-State of Florida� prNt lh ]/d Vf Commission N HH 46669 Printed Name of Notary r4. My Comm.Expires Sep 27,2024 My COrtenlealOm expbes Z� Z Bonded through National Notary Assn, MIAMI 7483925.3 85247/91087 aBUSINESS RELATIONSHIP AFFIDAVIT'S This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) [X]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; []iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 2021. APPLICANT REPRESENTATIVE: By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Maxine Lambert (Print) Title: Applicant Representative (Print) Title: Architect (Print) By: Signature) By: /ve;_ {Signature) Name: Bernardo Fort (Print) Name: Juan inosa {Print) Title: Architect (Print) Title: Traffi - in nsultant (Print) By: (Signature) By: (Signature) Name: Daniel Fortin Jr, (Print) Name: Tim iu (Print) Title: SurveyorlEngineer (Print) Titife: Tra ineerlConsultant (Print) PROPERTY OWNER: By (Signature) Name: Fidel Zabik (Print) Title: Architect (Print) *The terms"Business Relationship,""Client,""Customer,""Applicant,""Representative"and'Interested Person"are defined in Section 2-395 of the Aventura City Code. MIAMI 7483925.3 85247/91087 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Bernardo Rieber, the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Bernardo Fort, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Fidel Zabik, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Maxine Lambert, the Affiant,who being first by me duly sworn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: N11ANII 7483925.3 85247/91087 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority, personally appeared Daniel Fortin Jr., the Affiant,who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,2021. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Juan, the Affiant,who being.it by me duly worn,did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. AFy ANT SWORN TO AND SUBSCRIBED before me this day of �'B. ,2021. a ublic 5 of i t ".'!!t� SUSAN M KILLMEYER MY COMMISSION N GG 919821 Printed Name of Notary 'o EXPIRES:Octoier 14,2023 My commission expires: ?`ti►*t•.�' laon W Thru Notary Public Undemillers STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Tim Plummer, the Affiant,who b my worn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. '�7]pp AFFIA T SWORN TO AND SUBSCRIBED before me this day of / .__.,2021. ___ got j—, . 46 P bli e of } J,it ar. ew Printed Name of Notary My commission expires: SUSAN M KILLMEYER :* MY COMMISSION 0 GG 919821 EXPIRES:October 14,2023 Iiorrded Thru Notary Public LhrderNt w oiwimiisiaiimm MIAMI 7483925.3 85247/91087 3 WITNESS MY HAND THIS DAY OF 2021 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature) Name: Bernardo Rieber (Print) Name: Fidel Zabik (Print) Title: Authorized Representative (Print) Title: Architect (Print) By: (Signature) By: (Signature) Name: Bernardo Fort (Print) Name: Maxine Lambert (Print) Title: Architect (Print) Title: Architec (Print) By: (Signature) By: (Signature) Name: Daniel Fortin,Jr. (Print) Name: Juan Espinosa (Print) Title: Surve i er (Print) Title: Traffic Engineer/Consultant (Print) By: (Signature) By: (Signature) Name: Tim Pi er (Print) Name: (Print) Title: Traffic E ineer/Consultant (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature) Name: (Print) Name: (Print) Title: (Print) Title: (Print) 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. MIAMI 7483925.3 85247191097 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144, "BUSINESS ZONING DISTRICTS", SUBSECTION (a), "PURPOSE", AND SECTION 31-144, SUBSECTION (f), "MEDICAL OFFICE (MO) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 57 DWELLING UNITS PER ACRE AND A MAXIMUM OF 2.49 FLOOR AREA RATIO FOR DEVELOPMENTS THAT DEDICATE LAND TO THE CITY FOR PUBLIC ROAD PURPOSES AND CONSTRUCT THE ROAD AT THE OWNER'S OR DEVELOPER'S EXPENSE, SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura North Distrikt Developments LLC, through Application No. LDR2103-0001, is requesting an amendment to Section 31-144(a) "Business Zoning Districts" and Section 31-144(f), "Medical Office (MO) District" of Chapter 31, "Land Development Regulations" (the "LDRs") of the Code of Ordinances ("City Code") to allow multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land to the City for public road purposes and construct the road at the owner's or developer's expense; and WHEREAS, the City Commission finds that the proposed amendment to Section 31-144 of the City Code to allow multifamily residential uses with a maximum density of 57 dwelling units per acre and a maximum floor area ratio of 2.49 for developments that dedicate land to the City for public road purposes and construct the road at the owner's of developer's expense 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 interest of the public to amend Sections 31-144(a) and (f) of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2021- WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. Section 31-144(a) "Purpose" and Section 31- 144(f) "Medical Office (MO) District of Article VII "Use Regulations" of Chapter 31 "Land Development Regulations" of the City Code are hereby amended to read as follows': CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE I . ® USE REGULATIONS Sec. 1®1 . — Business Zoning Districts. (a) Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section. The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0, with the exception of certain portions of the Medical Office ( 0) District in which floor area ratio shall not exceed a maximum of 2.49 as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 5 City of Aventura Ordinance No. 202 1-— may be more restrictive than, the corresponding Business and Office category permitted uses. (2) Conditional use. The following uses if first approved as a conditional use: a. Business-related schools. b. Exceptasset forth under subsection r. below, Multi-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1 .0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. r. For developments that dedicate a minimum of 35,000 square feet of land to the City for public road purposes and construct the road at the owner's or developer's expense, increased floor area ratio not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two or more phases, the phasing provisions of Section 31-79(i) of this Chapter shall apply after the 24 month period provided in this Section. Section 3. Severabillity. 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. Conditions. 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 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be Page 3 of 5 City of Aventura Ordinance No. 2021- renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon the Comprehensive Plan Amendment filed under Application No. 02-CPA-18, as transmitted to the Florida Department of Economic Opportunity, becoming effective under the provisions of Section 163.3184 of the Florida Statutes. 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this 6t" day of April, 2021. PASSED AND ADOPTED on this 1st day of June, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2021. Page 5 of 5