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09-23-2021 Special Commission Meeting Agenda City Manager City Coininission Ronald J.Wasson Enid Weisman,Mayor Dr.Linda Marks,dice Mayor City Clerk Jonathan Evans,Commissioner ;; Ellllisa L.Horvath,MMC Rachel S.Friedland,Commissioner i Demise Landman,Commissioner City Attorney Marc Narotsky,Commissioner � � G Weiss Scrota Hellfman Robert Shelley,Commissioner e � Cole&]Bierman CITY COMMISSION SPECIAL MEETING AGENDA SEPTEMBER 23, 2021 Following 9:00 a.m. Focal Planning Agency Meeting Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD TO SERVE DURING THE 2021-2022 SCHOOL YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. 4. ORDINANCE — SECOND READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31,"LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145 "TOWN CENTER ZONING DISTRICTS" TO PROVIDE FOR A NEW ZONING DISTRICT, "TOWN CENTER OFFICE PARK MIXED USE(TC4)DISTRICT;"PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ORDINANCE — FIRST READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 10.5 ACRE PARCEL OF LAND LOCATED AT 20801 AND 20803 BISCAYNE BOULEVARD(WESTERN PARCEL)AND 20807 BISCAYNE BOULEVARD(EASTERN PARCEL)AND 20805 BISCAYNE BOULEVARD(HOTEL PARCEL),FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Special Meeting Agenda September 23, 2021 6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon the item,please inform the Mayor when she requests public comments. An opportunity for persons to speak on the item will be made available after the applicant and staff have made their presentations on the item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. ORDINANCES - FIRST READING: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM OP,OFFICE PARK DISTRICT TO TC4,TOWN CENTER OFFICE PARK FOR A 10.5 ACRE PARCEL OF LAND LOCATED AT 20801 AND 20803 BISCAYNE BOULEVARD (WESTERN PARCEL) AND 20807 BISCAYNE BOULEVARD (EASTERN PARCEL) AND 20805 BISCAYNE BLVD (HOTEL PARCEL); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. 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 2.30+/- ACRE PARCEL OF LAND LOCATED NORTH OF NE 214 STREET BETWEEN BISCAYNE BOULEVARD AND NE 29M COURT, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MODIFICATION TO THE SIGN VARIANCE APPROVED THROUGH RESOLUTION NO.2018-31 FOR THE TARGET STORE LOCATED AT 21265 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. 7. 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 "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 17, 2021 SUBJECT: Resolution Appointing Members and Alternates to the 2021-2022 Youth Advisory Board September 23, 2021 City Commission Special Meeting Agenda Item 3 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing the following students to serve as members and alternates for the City's Youth Advisory Board during the 2021-2022 school year: BOARD MEMBERS Lev Avidan** 12t" MAST FIU Valentina Baredes 12t" MAST FIU Chloe Freitas 12t" MAST FIU Tomas Lado* 12t" Krop Tarn Shein 11t" DSAHS Jade Stein 11t" DSAHS Carolina Wesley 12t" MAST@FIU BOARD ALTERNATES Ethan Bazak 10t" DSAHS Catherine Bello 10t" MAST FIU Michael Briskin 10t" DSAHS Lea Goldenberg 10t" FAU High Tomas Della Torre* 12t" Kro Isabella Koopman* 11t" Pinecrest Constance Pimentel 11t" DSAHS Megan Shein 11t" DSAHS * New member or alternate. ** New member that served as an alternate the prior year. RJW/act Attachment CCO1996-21 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD TO SERVE DURING THE 2021-2022 SCHOOL YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-211 of the Aventura City Code provides for the creation of the Youth Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Youth Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Youth Advisory Board during the 2021-2022 school year: Lev Avidan Valentina Baredes Chloe Freitas Tomas Lado Taryn Shein Jade Stein Carolina Wesley City of Aventura Resolution No. 2021- Alternates* Ethan Bazak Catherine Bello Michael Briskin Lea Goldenberg Tomas Della Torre Isabella Koopman Constance Pimentel Megan Shein * Alternate members shall only vote as members of the Board when one or more other members are absent or unable to vote on a matter. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 23rd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Develo ector /�w DATE: September 17, 2021 SUBJECT: Request to Amend Section 31-145 (b) of the Land Development Regulations to add Town Center Office Park Mixed Use (TC4) District July 13, 2021 Local Planning Agency Meeting Agenda Item 4 July 13, 2021 City Commission Meeting Agenda Item 7B September 4, 2021 City Commission Meeting Agenda Item 8A September 23, 2021 City Commission Special Meeting Agenda Item 4 RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-145, "Town Center Zoning Districts" of the Land Development Regulations to add regulations for a new mixed-use district, the Town Center Office Park Mixed Use (TC4) District, to the section. THE REQUEST The proposed zoning district would facilitate redevelopment of lands currently utilized as an office park to diversify its uses, allowing residential and retail uses to be added while still containing a significant amount of office space. The request is to add the new mixed-use district to the City Code to facilitate a current proposal involving the Aventura Corporate Center as presented to the City Commission in June of 2021, as well as potential future similar development proposals. BACKGROUND The City's Land Development Regulations currently contain a Town Center (TC1) District which was included in the original 1999 Code to guide mixed-use development of a main town center in the City. The TC1 District allows residential and non-residential mixed-use development that generally complies with the RMF3 and 131 zoning districts and also allows a lifestyle center that includes some B2 zoning district uses. The Land Development Regulations also currently contain a Town Center Marine (TC2) District, again included in the original 1999 Code, to guide mixed-use development in what was then the marine industry area on and around NE 188 Street. The TC2 District allows residential and non-residential mixed-use development that generally complies with the RMF3 and 131 zoning district, but also recognizes the marine industry uses as permitted uses. A third district, Town Center Neighborhood (TC3), was added in 2013 in response to a development proposal known as Park Square. The TC3 District allows for a mix of residential and commercial uses and includes a requirement for assisted living as a use on the property. UPDATED DESCRIPTION OF THE PROPOSED AMENDMENT The full text of the proposed Town Center Office Park (TC4) District is provided in Exhibit#1 and described in the analysis section below. A few changes were made subsequent to first reading. They are highlighted in the exhibit. For your convenience, the changes are summarized below: 1. Previously allowed, currently existing uses will be allowed to stay 2. Health/Exercise Clubs and Spas will be allowed 3. Live/Work Units will be allowed following specific parameters 4. The height subject to conditional use approval is now anything above 10 stories rather than anything above 4 stories. (Permitted by right increased from 4 stories to 10). ANALYSIS The following analysis was presented in the staff report for 1st Reading. The proposed Town Center Office Park Mixed Use (TC4) District, detailed above, has been drafted using the same format as the TC1, TC2 and TC3 Districts but is distinct from the previous TC Districts in that it is intended to guide mixed-use development where office uses currently exist. It proposes a specific mix of residential and non-residential development that generally complies with the Office Park, RMF3 and 131 zoning districts, similar to the TC1 and TC2 Districts, but without the lifestyle center use permitted in the TC1 District, the more expansive marine industry uses in the TC2 district, or the ALF requirement of the TC3 District. TC4 adds kiosk uses around a lake or a pond as well as outdoor vending and entertainment to the mix. It anticipates the possibility of special events, by separate permit, with sales from trucks, wagons or vehicles parked on public or private streets or pedestrian walkways from time to time. The District is similar in the parameters of development to the TC3 District which facilitated the creation of Park Square. A design standard requiring stepped-back heights, aimed at protecting adjacent residential development of a smaller scale, is added to TC4. As compared to TC3, TC4 will require new features during the plan approval process including- 2 • a required ride-sharing, valet and transit accommodation plan • a bicycle parking and residential bicycle storage plan; and • an on-street parking plan Any proposal to develop in accordance with the TC4 District will require an underlying future land use designation of Town Center as described in the City's Comprehensive Plan. The Town Center future land use category encourages hubs for future urban development intended to serve the City's existing and future residents and businesses with design-unified development providing direct accessibility by mass transit service and high-quality urban design. It provides for a design that encourages convenient, internal pedestrian circulation and is intended to create identifiable centers of activity with a distinctive sense of place. The proposed Town Center Office Park use regulations are compatible with this future land use category language. Staff provides the following analysis of the proposed amendment, pursuant to the review standards of the Land Development Regulations contained in Section 31-77 of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The intent of the Town Center land use designation is described in the Future Land Use Element of the City's Comprehensive Plan. This category encourages hubs for future urban development intended to serve the City's existing and future residents and businesses with design-unified development providing direct accessibility by mass transit service and high quality urban design. It provides for a design that encourages convenient, internal pedestrian circulation and to create identifiable centers of activity with a distinctive sense of place. The proposed Town Center Office Park District regulations are compatible with this future land use language. 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. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendment is consistent with this purpose. The proposed amendment and it accompanying design guidelines along with the site 3 development standards of the District will aid in the harmonious, orderly and progressive redevelopment of 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 reasons 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 regulations and a process by which to approve development or redevelopment of a property within a Town Center Office Park District in the City. 4 CITY OF AVENTURA 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 31-145 "TOWN CENTER ZONING DISTRICTS" TO PROVIDE FOR A NEW ZONING DISTRICT, "TOWN CENTER OFFICE PARK MIXED USE (TC4) DISTRICT;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the"City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, in response to the request of Aventura Opportunity Holdings, LLC's request, the City Commission desires to amend Chapter 31, "Land Development Regulations," Section 31-145, "Town Center Zoning Districts" of the Code of Ordinances to provide for a Town Center Office Park Mixed Use (TC4) District, consisting of a mix of residential and commercial uses, with an emphasis on office uses, and direct access to Biscayne Boulevard (the "proposed amendment"); and WHEREAS, the Town Center future land use category in the City's Comprehensive Plan, applicable to the proposed TC4 zoning district, encourages hubs for future urban, development intended to serve the City's existing and future residents and businesses with design-unified development providing direct accessibility by mass transit service, and high-quality urban design; 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 held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2021- WHEREAS, the City Commission finds that the proposed amendment is in the best interest of the public and is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Chapter 31 "Land Development Regulations," Article VII "Use Regulations," Section 31-145 "Town Center Zoning Districts" of the City Code is hereby amended to read as follows': CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE VII. - USE REGULATIONS Sec. 31-145. - Town Center Zoning Districts. (e) Town Center Office Park Mixed Use (TC4) District. The following regulations shall apply in the TC4 District- (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 25 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. 'Underlined provisions constitute proposed additions to existing text.Double underline text indicates changes made between first and second reading. Page 2 of 11 City of Aventura Ordinance No. 2021- (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than a combination of all of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3. Multifamily Medium Density Residential District, with office and/or retail commercial uses allowed in the B1. Neighborhood Business District. b. Office space comprising no less than 40% of the non-residential square feet of floor area on site. C. Hotels, with a minimum of 100 rooms. d. Kiosks and outdoor vending, when located within 100 feet of a lake or pond. e. A previously-approved, existing use permitted under the previously applicable zoning regulations, such as an existing bank with a drive- through, constitutes a legal conforming use in the TC4 District. f. Health and Exercise Clubs and Spas. q. Outdoor entertainment, including sales from trucks, wagons, or vehicles parked on public or private streets or pedestrian walkways may be permitted from time to time through Special Events permits issued by the City Manager or designee. (3) Accessory uses permitted. Permitted incidental and accessory uses shall include: a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non- residential uses. b. Outdoor dining as an accessory use to a permitted restaurant or retail use. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a. Those uses permitted in the B1 District with increased floor area. Page 3 of 11 City of Aventura Ordinance No. 2021- b. Uses that exceed the height limitations of subsection 31-145(e)(6)e. including parking structures. C. Indoor and outdoor commercial recreation uses. d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1. Be of 2,000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami- Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self- closing and locking metal door or pate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development standards of the TC1 Zoning District. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. e. Floor areas that are less than the minimum floor areas required by the provisions of Section 31-145(e)(6)g hereof. f. Structured parking that is not incorporated into a primary use structure's building envelope, as required by Section 31-145(e)(8) hereof. q. Any top-level surface area of structured parking that can be seen from a primary use building and does not have the area of the top level landscaped and/or decoratively paved in order to provide amenity areas for building occupants, as required by Section 31-238 of this Code. h. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is determined, as part of site plan review that: Page 4 of 11 City of Aventura Ordinance No. 2021- 1. Landscaping for the total project site exceeds the minimum requirements of this Code, and: 2. Traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic. i. Off-street parking that does not meet the requirements of Section 31- 171(b) or (d) of this Code. j. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. k. For buildings that attain LEEDO Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased lot coverage, provided that a preen roof and/or preen rooftop amenities are provided and maintained for the common benefit of building occupants: and: that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. I. For buildings that attain LEEDO Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0. M. For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6. 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEEDO Gold or Platinum certification, the bonuses in I. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEEDO Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. n. Live/work units included within the overall density limits set forth in (6)d and adhering to the following: 1. Located within a multi-story mixed-use building with strictly commercial uses on at least the first floor or in the ground floor of townhouse dwelling units that do not front Biscayne Blvd. The minimum size for each Live/work unit is 850 square feet. The work portion of the unit must not exceed 50 percent of the total floor area of the live/work unit. 2. The predominate use of each live/work unit is residential, with commercial activity as a secondary use. The quiet enjoyment Page 5 of 11 City of Aventura Ordinance No. 2021- expectations of residential neighbors take precedence over the work needs of a live/work unit. 3. Commercial uses in live/work units must be conducted entirely within the unit. 4. No more than two employees or independent contractors who do not reside at the address may work at the business. 5. Signage for live/work units is limited to one non-illuminated wall or window sign up to three square feet and located on the same wall as the entrance to the unit. 6. No commodities, stores, or display of products on the premises shall be visible from the street or surrounding residential area, and no outdoor display or storage of materials, goods, supplies, or equipment used in the live/work unit shall be permitted on the premises. 7. Required parking spaces per unit shall be in accordance with general residential parking standards, plus one space, which space may not be reserved for the live/work unit. 8. No equipment shall be used which creates noise, vibration, glare. fumes, or odors outside the dwelling unit that are objectionable to the normal senses. 9. Commercial uses in live/work units are limited to offices, studios services and incidental retail. Visits from customers, clients, and suppliers shall average no more than a total of 30 visits per week. 10. The owner/occupant of a live/work unit must maintain a valid City of Aventura local business tax receipt for the business on the premise. Payment of the annual local business tax will be required prior to occupancy and annually thereafter. Nothing herein shall be construed to conflict with any applicable state laws. (5) Uses prohibited. Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses: a. Any use not specifically permitted. b. Adult entertainment establishments. C. Sale of goods to other than the ultimate consumer. d. Sales, purchase, display or storage of used merchandise other than antiques. Page 6 of 11 City of Aventura Ordinance No. 2021- (6) Site development standards. a. Minimum lot size: Five gross acres. b. Minimum lot width: 100 feet. C. Maximum lot coverage: 45 percent of total lot area, provided that if 80 percent or more of the required parking spaces is provided in a parking structure, lot coverage may be increased to a maximum of 55 percent of the total lot area. d. Maximum floor area and density: 1. Residential component: 25 dwelling units per gross acre. 2. Nonresidential component: 2.0 floor area ratio. e. Maximum height: Ten stories or 100 feet, including parking structures. f. Setbacks: 1. Front: 25 feet. 2. Side: There is no side yard setback required for a lot that is not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. 3. Street side: 20 feet. 4. Rear. There is no rear yard setback required for a plot not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. 5. Rear street: 20 feet. 6. Between buildings: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet. q. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with Section 31-145(e)(4)e: Page 7 of 11 City of Aventura Ordinance No. 2021- Multiple-family dwelling unit: Efficiency unit: 800 square feet. One-bedroom unit: 900 square feet. Two-bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 40 percent of the total number of residential units within a building. h. Required open space: A minimum of 30 percent of the total lot area of the site shall be provided as common open space available for use by all residents or consumers: of this common open space a minimum of one-third shall be unencumbered with any structure (except for Play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining two-thirds may be used for non-commercial recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas). Water bodies may be used toward the calculation of required open space. i. Design standards: All Development in the TC4 Zoning District shall be compatible with existing adjacent development. Specifically, where greater heights are immediately adjacent to existing residential development, such height shall be graduated by steps so that the part of the structure within 50 feet of the property boundary is no more than two stories higher than existing residential development. j. Transportation standards. 1. A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided at time of site plan approval. 2. A bicycle parking plan and residential bicycle storage accommodations acceptable to the Community Development Director shall be provided at time of site plan approval. to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. Page 8 of 11 City of Aventura Ordinance No. 2021- 3. On-street parking, on both internal and external streets, shall be provided wherever feasible as shown on an on-street parking plan acceptable to the Community Development Director at time of site plan approval. A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided at time of site plan approval. (7) Accessibility for Mixed-Use Structures. All residential dwelling units shall be accessible to the outside via an entry lobby that does not require residents to pass through a leasable commercial space. (8) Performance standards. Any structured parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finished floor. In accordance with Section 31-145(e)(4)f, conditional use approval may be granted to authorize a waiver from the requirements that structured parking be incorporated into the building envelope of a primary use structure and that such structured parking conform to Section 31-238. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. 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. Page 9 of 11 City of Aventura Ordinance No. 2021- 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 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 adoption on second reading. The foregoing Ordinance was offered by Commissioner Evans, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 10 of 11 City of Aventura Ordinance No. 2021- PASSED on first reading this 13t" day of July, 2021. PASSED AND ADOPTED on second reading this 23rd day of September, 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 September, 2021. ELLISA L. HORVATH, MMC CITY CLERK Page 11 of 11 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven Klopp, Community Development Director DATE: September 17, 2021 SUBJECT: Application to Amend the Comprehensive Plan Future Land Use Map ("FLUM") of the City of Aventura by Changing the Designation of Land Located on Biscayne Boulevard North of Future NE 207 Street and South of NE 209 Street from Business and Office to Town Center (the "FLUM Amendment") City Case File No. CPA2108-0001 September 23, 2021 Local Planning Agency Agenda Item 4A September 23, 2021 City Commission Meeting Agenda Item 5 October 5, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the FLUM Amendment to the three (3) subject parcels of land (Folios 28-1234-079-0010, 28-1234-079-0020, and 28-1234- 079-0025), located on Biscayne Blvd. north of future NE 207 Street and south of NE 209 Street (the "Property") to facilitate the rezoning the Property and the development of an office/mixed-use project by the applicant, Michael J. Marrero, Esq. c/o Bercow Radell. THE REQUEST The applicant is requesting the FLUM Amendment on behalf of property owners Aventura Opportunity Owner, LLC and Norwich Aventura 11, LLC. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. BACKGROUND OWNER OF PROPERTY: Aventura Opportunity Owner, LLC Folios 28-1234-079-0010, 28-1234-079-0020 Norwich Aventura II LLC 28-1234-079-0025 NAME OF APPLICANT Michael J. Marrero, Esq. on behalf of owners LOCATION OF PROPERTY East side of Biscayne Boulevard between NE 207 St. and NE 209 St. See Exhibit #2 for Location Map SIZE OF PROPERTY 10.5 acres +/- See Exhibit #3 for Legal Description The Property, known as the Aventura Corporate Center, currently consists of three (3) office buildings and the recently constructed AC Hotel. To the north of the Property is vacant land and slated to become a mixed-use hotel development known as Centtral. At a workshop earlier this year, the owners presented to the City Commission their proposal to transition the Aventura Corporate Center from purely an office park to a mixed-use site including retail and residential uses. A rendering of the proposed development is attached as Exhibit#2 to this staff report. Partially in anticipation of the above described development, the City established regulations for a new zoning district called TC4 (Town Center 4). The FLUM Amendment is necessary in order for the Property to be rezoned to the newly created TC4 Zoning District. The Rezoning application and the second reading of the ordinance creating TC4 are companion agendas item to this FLUM Amendment request. Assuming approval of the TC4 regulations, the FLUM Amendment and Rezoning, the next steps in the development process will be submission and review of a Conditional Use request for City Commission approval as well as a site plan for administrative review and approval. The application is being presented with anticipation that the second reading will proceed simultaneously at a future City Commission meeting with the adoption hearing for the rezoning and the transmittal hearing for a Private Property Rights Element to be added to the Comprehensive Plan. The adoption of a Private Property Rights Element is a new requirement of state law. It must be in place before any other changes to the Comprehensive Plan can be adopted. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: Town Center Property to the North: Business and Office Property to the South: Town Center and Business & Office Property to the East: High Density Residential Property to the West: Business and Office 2 Zoning Subject Property: Currently Office Park Properties to the West: MO, Medical Office and B1 Properties to the East: RS2 - Residential District Properties to the North: B2, Community Business District Properties to the South: B2 and Town Center 3 Existing Land Use Subject property: Aventura Corporate Center Office Park Properties to the North: Vacant Lot /Approved "Centtral" Mixed Use Hotel Properties to the South: Park Square Mixed Use and Shopping Center Properties to the East: Aventura Lakes Residential Development Properties to the West: Aventura Hospital and Business Uses Access —The property fronts Biscayne Boulevard, with side frontage on NE 207 and NE 209 Streets. Access will remain from Biscayne Blvd. and both side streets. An additional right in/right out access at the on NE 30t" Avenue is contemplated with the new development. Standards for reviewing proposed amendments to the Future Land Use Map (Florida Statutes 163.3177) Florida Statues regarding cities' Comprehensive Plans seek mainly to ensure that development of previously undeveloped land proceeds in a manner that is orderly and economically, socially, physically, environmentally and fiscally balanced. The statute does require the following be analyzed when considering a change to the Comprehensive Plan Future Land Use Map: • the availability of facilities and services. • the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. • the minimum amount of land needed to achieve economically, socially, physically, and environmentally, and fiscally balanced development • the extent to which the development pattern or urban form discourages the proliferation of urban sprawl All required services and facilities are available to this location to fulfil the level of service requirements. Capacity allocations for water, sewer, schools are made at the time of development order approval. The proposed FLUM Amendment is suitable considering the site is an existing, fully developed office park. 3 The proposed FLUM Amendment does not consume any currently undeveloped land. The proposed FLUM Amendment discourages urban sprawl. It facilitates mixed-use redevelopment which will result in increased density and intensity within a transit-oriented corridor. 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 Exhibit 1 CPA2108-0001 BERCOW RADELL FERNANDE August 24, 2021 I.ARKIN - �"` TAPANES ZONING,LAND USE ME)EMJ IMMENT1 VIA E-MAIL 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami,FL 33131 Community Development Director www.brzoninglaw.com City of Aventura 19200 West Country Club Drive, 4th Floor 305.377.6238 office Aventura, Florida 33180 305.377.6222 fax imnarrero@brzoninglaw.com Re: Amendment to Official Zoning Map and Future Land Use Map for Aventura Corporate Center Dear Keven: This law firm represents Aventura Opportunity Holdings, LLC (the "Applicant"), with regard to an application to amend the City of Aventura Zoning Map and Future Land Use Map for the properties located at 20801 and 20803 Biscayne Boulevard ("Western Parcel") and 20807 Biscayne Boulevard ("Eastern Parcel"), as well as 20805 Biscayne Blvd (the "Hotel Parcel") (collectively referred to as the "Property") located within the municipal boundaries of the City of Aventura (the "City"), Florida") to be designated as Town Center in the Future Land Use Map and TC4 in the Zoning Map. Property Description. The Property is located on the east side of Biscayne Boulevard, bounded by NE 207 Street on the south, NE 209 Street on the north, and NE 30 Avenue on the east; and the Applicant's holdings comprise the northwestern approximately three-quarters of the block formed by these streets.' Miami-Dade County's Property Appraiser has assigned two Folio Numbers to the Property: 28-1234- 079-0010 to the Western Parcel and 28-1234-079-0020 to the Eastern Parcel. The Property forms a portion of a single platted lot, as recorded in Plat Book 158, Page 47 of the Public Records of Miami-Dade County, Florida. The Applicant recently acquired the bulk of the Property. The southeastern one quarter of the Property, is identified by Miami-Dade County Folio No. 28-1234-079-0025 and currently contains a 233-unit, 191,674 SF AC Hotel. The Hotel Parcel is not a part of Applicant's holdings but is part of the Property and application area. It is legally bound to the Applicant's property through a Covenant in Lieu of Unity of Title. Mr. Keven Klopp City of Aventura Page 2 The Applicants seeks to develop a mixed-use project, with a focus on offices uses, as well as retail, residential and community uses and outdoor walkable areas. On July 13, 2021, the City Commission adopted an amendment to its Land Development Regulations to create the TC4 zoning district, which the Applicant seeks to rezone to. Second reading is scheduled for September 2, 2021. Section 33-77(f) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Official Zoning Map. The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Presently, the Property is designated as Business and Office and Medium-High Density Residential on the Future Land Use Map. Concurrent with the rezoning request, the Applicant also seeks a resignation to Town Center in the Future Land Use Map. With that requested designation, the proposed amendment would be consistent with the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The Property is generally surrounded by commercial uses to the north and west and with residential uses to the east, and the mixed-use Park Square project to the south. Therefore, a mixed-use development would be compatible in the center of all of these uses. (3) The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the Property, along with its proximity to the Park Square project and TC3 zoning, make it especially suitable for a mixed-use development, such as is contemplated with the TC4 zoning district. (4) There are sites available in other areas currently zoned for such use. Bert)vv Ramdl Femande La--kr&Ta,)a .F ,a05 377,6238 drecl�_i- 377,6222`ax:nimarrer ,btu:°on ,aia:✓.cony Mr. Keven Klopp City of Aventura Page 3 There are no areas in the City currently zoned for this use because the zoning district is in the process of being adopted. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. Not applicable. (6) The proposed change would adversely affect traffic patterns or congestion. Upon site plan approval, the Applicant will submit a traffic study to address any traffic impacts and would mitigate impacts as necessary. (7) 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 Applicant does not anticipate any adverse impacts to the City's infrastructure as a result of its development of the Property. Nevertheless, these issues can be further reviewed upon site plan submittal. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The Applicant does not anticipate any adverse environmental impact with the development of the Property. Further, the Applicant intends to incorporate some environmentally friendly elements to the project, particularly with the conservation of the pond located within the Property. (9) Whether the proposed change would adversely affect the health, safety,and welfare of the neighborhood or the City as a whole. The development is only expected to enhance safety and welfare within the surrounding area. Bercow Rauch Fern2ndF,z Lark<r;& T a,>a es 305 377,(3— ,do q,t!30F) WT'd `22'a>:'i,n7i� erg J;�rron ylavd.can Mr. Keven Klopp City of Aventura Page 4 For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com • 1 : 111 -• -. • 67O`\\`\\ 1- \ ago VIROMMIS _ . `. �. � •' ;!I � `� - ii�:•i��,�i of��:•i�oi,��oi!��oi��i��oi a°c •_—— • � Z\ \ oi,`of ioi�r poi�t�i' u� r N of o r of o� - low it No � ............ ,`��II'� .•� ..-....... III.'f� ��,�� • RP7iP�•�/F• — =0-0,4 1 11 1 11 I see off - 1 11 /• 1• 11• Exhibit 3 CPA2108-0001 Property Information Folio:28-1234-079-0010 Property Address: 20W1 BISCAYNE BLVD Full Legal Description AVE NTURA CORPORATE CENTER PB 158-47 T-19374 POR OF TR A DE SC BEG AT MV COR OF TR A TH N 88 DEG E 556FT 5 11 DEG W 335.30FT S 00 DEG E 205.15FT N 78 DEG W 662-SSFT N 28 DEG W 35FT N 22 DEG E 363.12FT N 55 DEG E 27.03FTTO POB LOT SIZE 280176.45 SOFT MIL FWU 28,1234-D08.1210 THRU 1310 &1570&082-0010&0030 OR 20264-1997 0302 6 Property Information Folio:28-1234-079-0020 Property Address: 20807 BISCAYNE BLVD Full Legal Description AVE NTURA CORPORATE CENTER PB 15&47 T.19374 TR A LESS BEG AT NW COR OF TR A TH N 88 DEG E SSBFT S 11 DEG W 335.30FT S 00 DEG E 20S.15FT N 78 DEG W 652 55FT N 28 DEG W 35FT N 22 DEG E 363.12FT N 55 DEG E 27.03FTTO POB&LESS COMM NW CO OF TR A TH N 88 DEG E 556FT S 11 DEG W 335.30FT S18.03FT FOR POO CONT 5187 14FT 5 78 DEG E 73.05FT SELY AD 105FT N 07 DEG E 45FT S 82 DEG E 35FT S 07 DEG W 45FT SELY AD 114.23FT EMNLYAD 41.34FT N 02 DEG W 254.38FT S 87 DEG W 138.61FT 5 37 DEG W 30.60FT 5 87 DEG W 86FT S 18 DEG W 7 39FT S 87 DEG W 93.63FTTO POS LOT SIZE 97286 SO FT NVL FAU 28 1234 079 0010 Property Information Folio:28.1234-07MO25 Property Address: 20805 BISCAYNE BLVD Full Legal Description AVE NTIIRA CORPORATE CENTER P6 15&47 T-19374 PORT OF TR A 0ESC COMM NW GO OF TR A TH N 88 DEG E 556FT S 11 DESC Vol 335.30FT SIS.03FT FOR POS GONT S 137 14FT S 78 DEG E 73.05FT SELY AD 105FT N 07 DEG E 45FT 5 82 DEG E 35FT S 07 DEG W 45FT SELY AD 114.23FT ELY-NLY AD 41.34FT N 02 DEG W 254.38FT 5 87 DEG W 138.5IFT 5 37 DEG W 30.60FT S 87 DEG W 86FT S 1a DEG W7.39FTS87 DEG W 93 63FT TO POB LOT SIZE 81227 SQ FT MIL FA11 29 1234 079 0020 ....... wo3a e!nlus u. any dy —e_'Hl 9d1HSN 'tE Sj.ex —n as S l 3 3 1 1 H� 8 a1N30 31Vaodao0 Van1N3" H�IAO�SA Ztl ��.e'e�j.�aq g� wino vN @^I i R v _ r 0 0 m Q on.® p■ , Q ry - E•EEE - 1 T — X C`) W V ■CI ICIGI� -I � �I�L_IC1 d CI :I a : t N�a�a� • y I GIN �J.N�GI�N .�: I IGIC161GI:IW:1 � r' L.-.p ��CIGI:IIINNaW® ' I! 3 .'� I ICIN�IGI��I M � ri. oI�L1:19:I�Gltl M •� i �S � � � °gip. . j 1 k � s t� � A ,:� `tom •� � 1I1# � q � 11 •: k, � _< - u' }{1 CITY OF AVENTURA ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 10.5 ACRE PARCEL OF LAND LOCATED AT 20801 AND 20803 BISCAYNE BOULEVARD (WESTERN PARCEL) AND 20807 BISCAYNE BOULEVARD (EASTERN PARCEL) AND 20805 BISCAYNE BOULEVARD (HOTEL PARCEL), FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, the City of Aventura (the "City") has received Application No. CPA2108-0001, requesting approval of a Small- Scale Future Land Use Map ("FLUM")Amendment to the Comprehensive Master Plan (the "Plan") changing the designation of 10.5 acres of land (Folios 28-1234-079-0010, 28- 1234-079-0020, and 28-1234-079-0025), as further described in Exhibit "A" (the "Property"), from Business and Office to Town Center; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission believes the Small Scale FLUM amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing mixed-use transit-oriented development; and WHEREAS, the Small Scale FLUM 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 finds that the proposed Small Scale FLUM amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. City of Aventura Ordinance No. 2021-_ 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. Approval of the Small-Scale Future Land Use Map Amendment. That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM Amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A", is hereby amended such that the Property shall now have the future land use map designation of Town Center. Section 3. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 4. 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 5. Inclusion in the City's 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 and that the Future Land Use Map may be revised so as to accomplish such intention. Section 6. Effective Date. This Ordinance shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this Ordinance may not become effective until the state land planning agency or the Administration Commission, respectively, issue a final order determining that the adopted Small Scale FLUM Amendment is in compliance. Page 2 of 7 City of Aventura Ordinance No. 2021- 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 3 of 7 City of Aventura Ordinance No. 2021- PASSED on first reading this 23rd day of September, 2021. PASSED AND ADOPTED on second reading this 5t" day of October, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 7 City of Aventura Ordinance No. 202 1-- EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL Folio:28-1234-079-0010 Property Address:20801 and 20803 BISCAYNE BLVD Full Legal Desciription AVENTURA CORPORATE CENTER PE 156-47 7-19374 FOR OF TR ADESC BEG AT Illiv'COP,OF TR A TH N 88 DEG E 5561", S 11 DEG W 33S,18FT S 00 DEG E N5,15FT N 76 DEG VY 652,55rT N 2 DEG"Al 35F7 U 22 DEG E 163 IZF-r N 55 DEG E ----------------------------------------------------------------------_________-------_________-------_________-------_________ -------_________-------_________-------_________-------________________ - 27.03FT TO PC 3 s T SIZE 21,30176,45 SOFT RAIL F;AiU 2a�1234,WS-1210 THOU 1310 & 1570 8 0,52-0010 8 8830 CIR202164-1997 0302 6 Folio.2,03-1214-079-0020 Propefty Address- 20807 B6CAYNE BLVD Full Legal OescOption "VENTURA CORPORATE CENTER A PB 153-47 T-19374 TRALESS BEGAT NW FOR OF TR A--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TH N 38 DEG E 555FT S I I DEG VV 33530F7 S 00 DEG E205,15FT rri 73 DEG'N 652,55FT N 28 DEG 1835FT N 22 DEG E 363 12F7 N 55 DEG E 27 03FTTO POE&LESS COMM 1aW COR 0 F TR A TH N 88 DE G E 55Z FT S,11 ............... ............... DEG V1 335 3OFT S'18,03FT FOR POE —-—-------—--—----—----------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CONT 5 187 1 41FT S 78 DEG E 73 Q5FT SEUe AD 105FT N 07 DEC-E 4SFT S 82 DEG E 35FT 3 07 DEG VY 45F7 SE0 'D 114 23FT ELY-NUY AD 41 34,F7 N 02 DEG',Aj 2S4,38FT S 87 DEG',M 138 61FT 5 37 DEG VV 30,SOFT S 97 DEG VY 86FT ——---------------------------------------------------------------------------------------------------------------------------- S I&DEG'A)7,34FT S 87 DEC,V) 93 63FT TD POD LOT SIZE 97266 SQ FT MIL FAU 2a 1-134 079 0010 Page 5 of 7 City of Aventura Ordinance No. 202 1 Folio:28-12 34-079-0025 PropertyAddi,ess, 20805 BGSCAYVJE BLVD Full Legal Description AVENT-UPA CORPORATE CENTER PS i,53-47T,19374 PORT OF TR A DESC COMM MY COP OF TR A TH N&S DEG E 556FT S 11 DES; VV —---—-----——------------------------------------------------------------------------------------------------------------------------------------------------------------- 335 3OF1 518,03FT FOP,POO COOT 5157 14FT S 78 DEG E 7105FT SEL-r ---------...........----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- AD 1&5FT N 07 DEG"E 45FT S 8'21 DEG E .......... 35FT S 07 DEC.VY 45FT SEU(AD 11 4.23r-T ELY-NLYAD 44.34FT N 02 DEG'h'254 38FT S 87 DFG V 138 6�FT 5 37 DEG'VY 30 6SF7 S 57 DEG","I O6FT S ig DEG',N 7 34FT S 87 OEG',A? .......... 93,63F-T TO POS -—-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- LO T Sl ZE 8 12-2 7 SO FT%4,L F,U 28 1234 079 0020 Page 6 of 7 • 1 : 111 -• -. • 67O`\\`\\ 1- \ ago VIROMMIS _ . `. �. � •' ;!I � `� - ii�:•i��,�i of��:•i�oi,��oi!��oi��i��oi a°c •_—— • � Z\ \ oi,`of ioi�r poi�t�i' u� r N of o r of o� - low it No � ............ ,`��II'� .•� ..-....... III.'f� ��,�� • RP7iP�•�/F• — =0-0,4 1 11 1 11 I see off - 1 11 /• 1• 11• CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven Klopp, Community Development Director DATE: September 17, 2021 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by Amending the Zoning Designation of Land Located on Biscayne Boulevard North of NE 207 Street and South of NE 209 Street from OP, Office Park, to TC4, Town Center 4, (the "Rezoning") City Case File No. REZ2108-0002 September 23, 2021 Local Planning Agency Agenda Item 4B September 23, 2021 City Commission Meeting Agenda Item 6A October 5, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve Rezoning for the three (3) subject parcels of land (Folios 28-1234-079-0010, 28-1234-079-0020, and 28-1234-079-0025, located on the east side of Biscayne Blvd. between NE 207 and NE 209 St. (the `Property") to facilitate development of an office/mixed-use project by the applicant, Michael J. Marrero, Esq. c/o Bercow Radell. THE REQUEST The applicant is requesting the Rezoning on behalf of property owners Aventura Opportunity Owner, LLC and Norwich Aventura 11, LLC. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. BACKGROUND OWNER OF PROPERTY: Aventura Opportunity Owner, LLC Folios 28-1234-079-0010, 28-1234-079-0020 Norwich Aventura II LLC 28-1234-079-0025 NAME OF APPLICANT Michael J. Marrero, Esq. on behalf of owners LOCATION OF PROPERTY East side of Biscayne Blvd. between NE 207 St. and NE 209 St. See Exhibit #2 for Location Map SIZE OF PROPERTY 10.5 acres +/- See Exhibit #3 for Legal Description The Property, known as the Aventura Corporate Center, currently consists of three (3) office building and the recently constructed AC Hotel. To the north of the property is vacant land slated to become a mixed-use hotel development known as Centtral. At a workshop earlier this year, the owners presented to the City Commission, their proposal to transition the Aventura Corporate Center from purely an office park to a mixed-use site including retail and residential uses. A rendering of the proposed development is attached as Exhibit#4 to this staff report. Partially in anticipation of this application for the Rezoning, the City established land development rules for a new zoning district called TC4. A Comprehensive Plan Land Use Map Amendment is also necessary in order for the Property to be eligible for the newly created TC4 Zoning. That Comprehensive Plan Amendment and the second reading of the ordinance creating the TC4 zoning district is part of a companion agenda item to this one. Assuming approval of the TC4 regulations, the Comprehensive Plan Amendment, and this Rezoning, the next steps in the development process will be submission and review of a Conditional Use request for City Commission approval as well as a site plan for administrative review and approval. The application is being presented with anticipation that the second reading will proceed simultaneously at a future City Commission meeting with the adoption hearing for the Future Land Use Map amendment and the transmittal hearing for a Private Property Rights Element to be added to the Comprehensive Plan. The adoption of a Private Property Rights Element is a new requirement of state law. It must be in place before any other changes to the Comprehensive Plan can be adopted. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: Town Center Property to the North: Business and Office Property to the South: Town Center and Business & Office 2 Property to the East: High Density Residential Property to the West: Business and Office Zoning Subject Property: Currently Office Park Properties to the West: MO, Medical Office and B1 Properties to the East: RS2 - Residential District Properties to the North: B2, Community Business District Properties to the South: B2 and Town Center 3 Existing Land Use Subject property: Aventura Corporate Center Office Park Properties to the North: Vacant Lot /Approved "Centtral" Mixed Use Hotel Properties to the South: Park Square Mixed Use and Shopping Center Properties to the East: Aventura Lakes Residential Development Properties to the West: Aventura Hospital and Business Uses Access — The property fronts Biscayne Blvd., with side frontage on NE 207 and NE 209 Streets. Access will remain from Biscayne Blvd. and both side streets. An additional right in/right out access at the on NE 30t" Avenue is contemplated with the new development. 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 Rezoning will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel is will be Town Center if the accompanying FLUM Amendment is approved. 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 south 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. 3 There are currently no sites available in other areas 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 Blvd. corridor. This development fulfills those plan goals. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The Rezoning will not adversely affect traffic patterns or congestion. The applicant is preparing a traffic study, which will be reviewed as part of any conditional use applications to be presented to the City Commission for consideration at a later date. 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 Rezoning will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed Rezoning will not have an adverse environmental impact on the vicinity. 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 Rezoning 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 Exhibit 1 REZ2108-0002 BERCOW RADELL FERNANDE August 24, 2021 I.ARKIN - �"` TAPANES ZONING,LAND USE ME)EMJ IMMENT1 VIA E-MAIL 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami,FL 33131 Community Development Director www.brzoninglaw.com City of Aventura 19200 West Country Club Drive, 4th Floor 305.377.6238 office Aventura, Florida 33180 305.377.6222 fax imnarrero@brzoninglaw.com Re: Amendment to Official Zoning Map and Future Land Use Map for Aventura Corporate Center Dear Keven: This law firm represents Aventura Opportunity Holdings, LLC (the "Applicant"), with regard to an application to amend the City of Aventura Zoning Map and Future Land Use Map for the properties located at 20801 and 20803 Biscayne Boulevard ("Western Parcel") and 20807 Biscayne Boulevard ("Eastern Parcel"), as well as 20805 Biscayne Blvd (the "Hotel Parcel") (collectively referred to as the "Property") located within the municipal boundaries of the City of Aventura (the "City"), Florida") to be designated as Town Center in the Future Land Use Map and TC4 in the Zoning Map. Property Description. The Property is located on the east side of Biscayne Boulevard, bounded by NE 207 Street on the south, NE 209 Street on the north, and NE 30 Avenue on the east; and the Applicant's holdings comprise the northwestern approximately three-quarters of the block formed by these streets.' Miami-Dade County's Property Appraiser has assigned two Folio Numbers to the Property: 28-1234- 079-0010 to the Western Parcel and 28-1234-079-0020 to the Eastern Parcel. The Property forms a portion of a single platted lot, as recorded in Plat Book 158, Page 47 of the Public Records of Miami-Dade County, Florida. The Applicant recently acquired the bulk of the Property. The southeastern one quarter of the Property, is identified by Miami-Dade County Folio No. 28-1234-079-0025 and currently contains a 233-unit, 191,674 SF AC Hotel. The Hotel Parcel is not a part of Applicant's holdings but is part of the Property and application area. It is legally bound to the Applicant's property through a Covenant in Lieu of Unity of Title. Mr. Keven Klopp City of Aventura Page 2 The Applicants seeks to develop a mixed-use project, with a focus on offices uses, as well as retail, residential and community uses and outdoor walkable areas. On July 13, 2021, the City Commission adopted an amendment to its Land Development Regulations to create the TC4 zoning district, which the Applicant seeks to rezone to. Second reading is scheduled for September 2, 2021. Section 33-77(f) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Official Zoning Map. The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Presently, the Property is designated as Business and Office and Medium-High Density Residential on the Future Land Use Map. Concurrent with the rezoning request, the Applicant also seeks a resignation to Town Center in the Future Land Use Map. With that requested designation, the proposed amendment would be consistent with the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The Property is generally surrounded by commercial uses to the north and west and with residential uses to the east, and the mixed-use Park Square project to the south. Therefore, a mixed-use development would be compatible in the center of all of these uses. (3) The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the Property, along with its proximity to the Park Square project and TC3 zoning, make it especially suitable for a mixed-use development, such as is contemplated with the TC4 zoning district. (4) There are sites available in other areas currently zoned for such use. Bert)vv Ramdl Femande La--kr&Ta,)a .F ,a05 377,6238 drecl�_i- 377,6222`ax:nimarrer ,btu:°on ,aia:✓.cony Mr. Keven Klopp City of Aventura Page 3 There are no areas in the City currently zoned for this use because the zoning district is in the process of being adopted. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. Not applicable. (6) The proposed change would adversely affect traffic patterns or congestion. Upon site plan approval, the Applicant will submit a traffic study to address any traffic impacts and would mitigate impacts as necessary. (7) 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 Applicant does not anticipate any adverse impacts to the City's infrastructure as a result of its development of the Property. Nevertheless, these issues can be further reviewed upon site plan submittal. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The Applicant does not anticipate any adverse environmental impact with the development of the Property. Further, the Applicant intends to incorporate some environmentally friendly elements to the project, particularly with the conservation of the pond located within the Property. (9) Whether the proposed change would adversely affect the health, safety,and welfare of the neighborhood or the City as a whole. The development is only expected to enhance safety and welfare within the surrounding area. Bercow Rauch Fern2ndF,z Lark<r;& T a,>a es 305 377,(3— ,do q,t!30F) WT'd `22'a>:'i,n7i� erg J;�rron ylavd.can Mr. Keven Klopp City of Aventura Page 4 For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Exhibit 2 REZ2108-0002 BROWARD COUMr Y 11 ■rr�rwrw rrr ; 'MW T■r� ■ ■ ■orm,TrM N- rwlw ■r• DAD E COUNTY " ■4"L�7"L'J■rSiTiTr Ttir l�SlTti ■ Gml stream YACHT CLUB DR. ■ ■ Park ■ r MARINA ■ :i Aventmu HARBOR COVE :■ Hospital WAYTI CIRCLE ■ ;i &C n er SUBJEC ¢ MP IN�RWAY ` SITE v ■ �� Waterways r WATERWAYS wn Shoppes 207 ST. ■ :■ w ■ ¢ COUNTRY CLUB DR. .■ The N 205 a ■ Promenade ■ Shops oCl) O iVES DAIRY RD. :■ 203 ST. ■ Orn r9 ■ 0 ■ 201 TER. m ■ -' ■ C\' 0 Turnberry Isle ■ '■ V. m Resort&Club ■ AVENTURA 6L / ■ w ■ Q• ■ U U Fire Rescue Aventura J If ;r Station Library Z G�' 3 • ■ OU �� r _. Aventura Mall z �m :■ O YAC, r City of Aventura LHMA WY U LOB �J ra :■ Government Center a 6192 ST. W ILi 1AM r 192 ST. 191 ST. ;i 190 sq. MY5�1C ; X Loehmann's r :■ Fashion w a 0 ■ Island Q ■ m 188 ST. • Co ;r N r Z MIAMI % T GARDENS DR. 331 $0 0 a 0:r •—..,,._.—._.. %a 185ST 33 60 * '• r Al 183 ST.%a Dun foundling Bay i • Atlantic %• � � • Ocean • Little Z Williams • %a Biscayne rtt 2� Sound r arbour 180 ST, maule t N :a Paint <7 iP • ;a East • lazi3 -ti- ' a P t -EA37 Ft r • - . r r . w , ■ ,� •rr■�-sR . c ■ r . ■ , ■■ . .� LEGEND J :r ' r4taule •• Lake •• �• Roadways ■ •� . . . . . • City Boundary r • •• —•—.— ZIP Code Boundary • --------■ •� •- Railroad ■ r • Exhibit 3 REZ2108-0002 Property Information Folio:28-1234-07"010 Property Address: 20W1 BISCAYNE BLVD Full Legal Description AVE NTURA CORPORATE CENTER PB 158-47 T-19374 POR OF TR A DE SC BEG AT MV COR OF TR A TH N 88 DEG E 556FT 5 11 DEG W 335.30FT S 00 DEG E 205.15FT N 78 DEG W 662-SSFT N 28 DEG 1N 35FT N 22 DEG E 363.12FT N 55 DEG E 27.03FTTO POB LOT SIZE 280176.45 SOFT MIL FWU 28-1234-D08.1210 THRU 1310 &1570&082-0010&0030 OR 20264-1997 0302 6 Property Information Folio:28-1234-079-0020 Property Address: 20807 BISCAYNE BLVD Full Legal Description AVE NTURA CORPORATE CENTER PB 15&47 T-19374 TR A LESS BEG AT NW COR OF TR A TH N 88 DEG E SSBFT S 11 DEG W 335.30FT S 00 DEG E 20S.15FT N 78 DEG W 652 55FT N 28 DEG W 35FT N 22 DEG E 363.12FT N 55 DEG E 27.03FTTO POB&LESS COMM NW CO OF TR A TH N 88 DEG E 556FT S 11 DEG W 335.30FT S18.03FT FOR POO CONT 5187 14FT 5 78 DEG E 73.05FT SELY AD 105FT N 07 DEG E 45FT S 82 DEG E 35FT S 07 DEG W 45FT SELY AD 114.23FT EMNLYAD 41.34FT N 02 DEG W 254.38FT S 87 DEG W 138.61FT 5 37 DEG W 30.60FT 5 87 DEG W 86FT S 18 DEG W 7 39FT S 87 DEG W 93.63FTTO POS LOT SIZE 97286 SO FT NVL FAU 28 1234 079 0010 Property Information Folio:28.1234-07MO25 Property Address: 20805 BISCAYNE BLVD Full Legal Description AVE NTIIRA CORPORATE CENTER P6 15&47 T-19374 PORT OF TR A 0ESC COMM NW GO OF TR A TH N 88 DEG E 556FT S 11 DESC Vol 335.30FT SIS.03FT FOR POS GONT S 137 14FT S 78 DEG E 73.05FT SELY AD 105FT N 07 DEG E 45FT 5 82 DEG E 35FT S 07 DEG W 45FT SELY AD 114.23FT ELY-NLY AD 41.34FT N 02 DEG W 254.38FT 5 87 DEG W 138.5IFT 5 37 DEG W 30.60FT S 87 DEG W 86FT S 1a DEG W7.39FTS87 DEG W 93 63FT TO POB LOT SIZE 81227 SQ FT MIL FA11 29 1234 079 0020 "...... wo3a e!nlus u. wadnyw day 3 e_'HI 9dlHSN Soex as S l 3 3 1 1 H� 8 a1N30 31Vaodao0 Van1N3" H�IAO�SA Ztl ��.e'e�j.�aq g� wino vN @^I i R v _ N O O _ .. OC� 1 O ' g • , E . N ,1 — E•EEE — E®1 T W ■ — X 'wr' NNGCI:I I ,F Nd:IGI:I _ W Li CI ICIGI� � �I�L_IC1 d CI :I a t N.pl.p. • y I GIN I! 3 .� I ICIN�IGI��I M � ri. oI�LICI9CI�Gltl M _i Pull. r . j t3 k � s v� A \ , ac t� � A ,:� `tom •� � 1I1# � q � 11 •: k, � k< - u' }{1 CITY OF AVENTURA 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 FROM OP, OFFICE PARK DISTRICT TO TC4, TOWN CENTER OFFICE PARK FOR A 10.5 ACRE PARCEL OF LAND LOCATED AT 20801 AND 20803 BISCAYNE BOULEVARD (WESTERN PARCEL) AND 20807 BISCAYNE BOULEVARD (EASTERN PARCEL) AND 20805 BISCAYNE BOULEVARD (HOTEL PARCEL); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Michael J. Marrero, Esq. c/o Bercow Radell, on behalf of property owners Aventura Opportunity Owner, LLC and Norwich Aventura II, LLC, through Application No. REZ2108-0002, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation of the 10.5 acre parcel of land located on the east side of Biscayne Boulevard north of NE 207 Street and south of NE 209 Street from OP, Office Park, to TC4, Town Center 4 ("Rezoning"); 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 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: City of Aventura Ordinance No. 2021- 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" from OP, Office Park, to TC4, Town Center 4. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. 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. Page 2 of 6 City of Aventura Ordinance No. 2021- 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 3 of 6 City of Aventura Ordinance No. 2021- PASSED on first reading this 23rd day of September, 2021. PASSED AND ADOPTED on second reading this 5t" day of October, 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 Page 4 of 6 City ofAvcnturu Ordinance No. 2O2|' Folio:281234'07O'0010 Property Address:20801 and 20803B|GCAYNEBLVD AMENTURA CORPORATE CENTER Fohoi 28-1234-079-0020 Property AuAteww 20807aISo*YmeEm/D Full Legal Derscription AVENTURA CORPORATE CENTER Page 5of6 City of Aventura Ordinance No. 202 1 FoHo:28-12 34-07S-002 5 Property Address� �0805&SC—YHE BLVD Full Legal Descrption AVENTURA CORPORATE CENTER PS 158-4-1 T-19374 PORT OF 7R A DESC COhIM WeY COR OF TR A TH N ag DEG E 556FT S I'T 335 3OFT S'16.03FT FOP,P05 CON 5187, 14FT S 78 DEG E 7S 05FT SF-Ce -------------------—---------------—------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- AD I 05FT 14 07 DEG E 45F T S 32 DEG E —---—------—------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 35FT S 07 DEG W 45FT SELY AD 114 23FT ELY-NILY AD 4 ,3AFT N 02 DEG',A1254 33F7 S 87 DEG'Af 139 6IFT 5 3'DEG',,"V 30 66L�FT S 87 DE(3 IN36FT S I P,DEC`N 7 3GFT S 87 DEG W --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 93,63FT TO POS —-------------------------------------------- LOT SI ZE 9 11-2 7 SO FT M,'L FAU 2a M4 079 0020 Page 6 of 6 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven Klopp, Community Development Director DATE: September 17, 2021 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by Amending the Zoning Designation of Land Located on Biscayne Boulevard North of Future NE 213/214 Street from B2, Community Business District, to MO, Medical Office District, (the "Rezoning") City Case File No. REZ2108-0001 September 23, 2021 Local Planning Agency Agenda Item 4C September 23, 2021 City Commission Meeting Agenda Item 6B October 5, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the Rezoning request for the two (2) subject parcels of land (Folios 28-1234-001-0170 and 28-1234-001-0180), located on the west side of Biscayne Blvd. and on the north side of future NE 213/214 Street (the "Property") to facilitate development of a mixed-use project by the applicant. THE REQUEST The applicant, Jasmin Investments LLC, is requesting the Rezoning. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Jasmin Investments, LLC NAME OF APPLICANT Jasmin Investments, LLC LOCATION OF PROPERTY Biscayne Blvd. north of NE 213/214 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 2.3 acres +/- See Exhibit #3 for Legal Description The Property is currently vacant and to its north is the Optima Development. The owner is preparing a master site plan application to facilitate the Aventura Medical District (North Distrikt) project presented to the City Commission in February of this year. The applicant has proposed a mixed-use project on Property lying between Biscayne Blvd. and East Dixie Highway, on the north side of future NE 213/214 Street. The proposed project is a combination of multifamily residential/hotel/office/retail uses and an assisted living facility within 12.50 acres of land. A rendering of the development is attached as Exhibit #4 to this staff report. A Comprehensive Plan Amendment which granted increased density and intensity at this location was approved by the Commission after two (2) public hearings in April and June of 2021. At the same time, a code amendment to the Medical Office (MO) District zoning category in the LDRs allowed a maximum of 57 dwelling units per acre and a maximum FAR of 2.49 subject to conditional use approval. The LDR language allows the requested increases in density and overall interior space subject to the following conditions- (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 MO zoning district. 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 (3) phases. A separate site plan, adhering to the master site plan, will be reviewed for each phase. Applications for conditional use approvals will be presented to the City Commission for consideration at individual public hearings as appropriate. With the exception of the Property, which consists of the two (2) parcels fronting on Biscayne Blvd., the remainder of the properties that comprise the Aventura North Distrikt development area are all zoned MO. The overall development is contemplated to be governed under a single development agreement. In order to facilitate a single development agreement and a single development program, this Application is seeking to create a single uniform zoning district by rezoning the Property from B2 to MO, consistent with the remainder of the Aventura North property. The Comprehensive Plan amendment adopted earlier this year granted Business and Office designated properties contiguous to Medical Office-zoned properties developed as part of an approved 2 development agreement to have residential uses with density not exceeding 57 dwelling units per acre subject to conditional use approval. This Rezoning makes the 2.49 FAR applicable across the entire site as well, whereas under B2 the FAR was limited to 2.0. The application is being presented with anticipation that the second reading will proceed simultaneously with approval of a master development agreement, including the abandonment and vacation of certain right-of-way. 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: B2, Community Business District Properties to the West: MO, Medical Office District Properties to the East: B2, Community Business District Properties to the North: B2, Community Business District Properties to the South: B2, Community Business District Existing Land Use Subject property: Vacant Lot Properties to the North: Office Building Properties to the South: Mixed Use Under Construction Properties to the East: Office Building Properties to the West: Vacant Land/Underutilized Residential Access — The property fronts Biscayne Boulevard, with side frontage on future NE 213/214 Street. Access to the proposed development is by way of Biscayne Blvd. and future NE 213/214 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. 3 The proposed Rezoning 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 west of the site. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The 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 Blvd. corridor. This development fulfills those plan goals. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The Rezoning will not adversely affect traffic patterns or congestion. The applicant is preparing a traffic study, which will be reviewed as part of the forthcoming master site plan application to be presented to the City Commission for consideration at a later date. 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 Rezoning will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed Rezoning will not have an adverse environmental impact on the vicinity. 4 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 Rezoning 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. 5 Exhibit 1 REZ2108-0001 Bilzin Sumberg Brian S.Adler, Esq. 305.350.2351 305.351.2206 badlerCftilzin.com August 12, 2021 Keven Klopp Community Development Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Property Located North of NE 214 Street, Between Biscayne Boulevard of NE 29th Court, Aventura, Florida Folio Nos.: 28-1234-001-0170 and 28-1234-001-0180 Application to Amend the Official Zoning Map Dear Mr. Klopp: LETTER OF INTENT Please consider this our formal request on behalf of our client Jasmin Investments LLC in connection with an application to amend the City's official zoning map (a rezoning application). A. Recent City of Aventura Comprehensive Plan and Zoning Text Changes. The City recently approved amendments to the City's Comprehensive Development Master Plan and companion Land Development Regulations ("LDRs") as it relates to certain properties within the MO District. Specifically, in recognition of the City' long standing goal to promote redevelopment of the Hospital North area, the City approved amendments to the Comprehensive Plan and LDRs provide for a maximum FAR of 2.49 and a maximum of 57 dwelling units per acre, all subject to conditional use approval. The remainder of the properties that comprise the Aventura North Distrikt development area are all zoned MO, Medical Office, with the exception of the Property subject to this application, , which consists of the two parcels fronting on Biscayne Boulevard. The overall development is contemplated to be governed under a single development agreement. In order to facilitate a single development agreement and a single development program, this Application is seeks to create a single uniform zoning district by rezoning the Property from B2 to MO, Medical Office, consistent with the remainder of the Aventura North property. This will allow Bilzin SUmberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor.Nliami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.coni Mr. Keven Klopp August 12,2021 - Page 2 ilzin Sumberg the Property to be seamlessly incorporated into the development program as contemplated as part of the amendment applications, without the need to separate or bifurcate zoning legends, development programs, etc. Because the zoning hearings require two readings, this Application is being filed with the anticipation that the second reading will proceed simultaneous with a conditional use approval as well as the abandonment and vacation of certain right-of-way and approval of a master development agreement. B. The Property. The Property consist of two folio numbers which consist of 2.30+/- acres. The Property fronts on Biscayne Boulevard and is located immediately south of an adjacent to the Optima Development. The Property is designated business and office under the City of Aventura Future Land Use Map of the City of Aventura Comprehensive Plan, and as noted above, is currently zoned B2. The Medical Office District is consistent with the business and office designation and therefore this request is considered with the City of Aventura Comprehensive Plan. C. Conclusion. Based on the foregoing, the proposed rezoning is consistent with the Business and Office underlying land use designation, compatible with the adjacent properties and consistent with the proposed redevelopment of this segment of the City. We respectfully request the City approve the application to amend the City's official zoning map by rezoning the Property from B2 to M-O. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, ri dler BSA/DPC/ebl MIAMI 8656031.2 85247/91087 Exhibit 2 REZ2108-0001 BROWARD COUMr Y oil=ffwIwI ; 'M%"V DADE COUNTY ;� ■4"L�7"L'J"r5i7■iTr Tti'!�SITS SUBJECT YACHT CLUB DR. ■ :a , SITE MARINA ■ :i Aventmu HARBOR COVE :a Hospital �Q _ WAY CIRCLE ■ :■ &Medial �� ` LLI WAY ■ ■ Center Q MP :a Cl) ■ Waterways r WATERWAYS t Shoppes 207 ST. ■ :■ w w ■ ¢ COUNTRY CLUB DR. .a The N 205 a ■ Promenade ■ Shops oCl) O iVES DAIRY RD. :■ 203 ST. ■ Orn r9 ' 0 ■ 201 R. m ■ -' ■ C\' 0 Turnberry Isle ■ m '■ V. m Resort&Club ■ Q r AVENTURA 6L / ■ w U ■ Fire Rescue Aventura J r Station Library Z G�' 3 • ■ OU �� r _. Aventura Mall �m :r O YAC41T r City of Aventura LHMA WY U LU8 :a Government Center r :■ 192 ST. W It 1AM r 192 ST. 191 ST. LIJ ;i 190 S'C. MY5�1C ; X ;a Loehmann's r :■ Fashion w a a ■ Island Q ■ m 188 ST. • m ;r N MIAMI r Z % T GARDENS DR. _ 331 $0 0 a 0 :r 185ST...... 60%a r• '+ Al %a Dunfaundling i83 ST. Bay ,i � • Atlantic %• � � • Ocean • Little Z Williams • %a Biscayne m 2� Sound r arbour 180 ST, LaAe le t N :a Paint <7 iP • ;a East -� r • lazpp 8 P t -EA37 Ft r • - . r r . w , ■ • LEGEND J ' Manle •• Lake •• �• Roadways ■ •� . . . . . • City Boundary r • •• —•—.— ZIP Code Boundary • --------■ •� •- Railroad ■ ■ • To Exhibit 3 REZ2108-0001 CFN: 20190278196 BOOK 31430 PAGE 2761 Exhibit A Legal Description The land referred to herein below is situated in the County of Miami-Dade,State of Florida, and described as follows: The South 200 feet of the North 300 feet,of Lot 1,in Block 3,lying West of Federal Highway,of the 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 the West 222 feet thereof. AND The South 200 feet of the North 500 feet,of Lot 1,in Block 3,lying West of Federal Highway,of the 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 the West 222 feet thereof. co O Q w y „i q I Air i Z W 0 Z CD M co fE ■Iltl�� `�■, i Z Z ' dIi a�lll ■ _' �w w I I111 Q 1 9 1 1 H �. I111In 1. dlllllllp O 7i l l l l l l llii"II II'-II �1]11111111 Z LU d w> N QCI Z w..I:N�a ii 1,h 9tl'I��ny111" ; i�d1 ajjaiiiiE�l .ONO Ml ` ! m1 � a J1 ; �i Jg' Hid. o jg I W eLL g� �a as CITY OF AVENTURA 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 2.30+/-ACRE PARCEL OF LAND LOCATED NORTH OF NE 214 STREET BETWEEN BISCAYNE BOULEVARD AND NE 29TH COURT, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Jasmin Investments LLC, through Application No. REZ2108-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation ("Rezoning") of the 2.3+/- acre parcel of land on the west side of Biscayne Boulevard north of NE 214t" Street, with Folio Numbers 28-1234- 001-0170 and 28-1234-001-0180, legally described in Exhibit "A" attached hereto, (the "Property") from B2, Community Business District to MO, Medical Office 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 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: City of Aventura Ordinance No. 2021- 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 B2, Community Business District to MO, Medical Office 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 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. Page 2 of 5 City of Aventura Ordinance No. 2021- 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 3 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading this 23rd day of September, 2021. PASSED AND ADOPTED on second reading this 5t" day of October, 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 Page 4 of 5 City of Aventura Ordinance No. 2021- Exhibit A Legal Description The land referred to herein below is situated in the County of Miami-bade, State of Florida, and described as follows: The South 200 feet of the North 300 Feet,of Lot 1,in Block 3,lying West of Federal Highway,of the TOWN OF HALLANDALE,according to the plat thereof, as recorded in Plat.Book B,Page 1 ,of the Public Records of Miami-Dade County, Florida,less the West 222 Feet thereof. AND The South 240 feet of the North 500 feet,of Lot 1,in Block 3, lying West of Federal Highway,of the 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 the West 222 feet thereof. Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: September 17, 2021 SUBJECT: Request of Target Corporation for Modification of Sign Variance Approved Through Resolution No. 2018-31 21265 Biscayne Boulevard, City of Aventura (SV2106-0001) September 23, 2021 City Commission Meeting Agenda Item 6C RECOMMENDATION It is recommended that the City Commission approve the request for sign variance modification, with the following conditions: 1. The signs comply with the following drawings submitted with this application: "Target Store T1074", Sheets 1 through 6 inclusive, prepared by Federal Heath Sign Company, dated 02/02/21. 2. The condition in Resolution No. 98-42 that no additional exterior wall signs be allowed on any wall of the Target store shall remain in effect subsequent to and in consideration of this modification. THE REQUEST The applicant, Target Corporation, is requesting a variance from Section 31- 1910)(2)a. of the City Code to permit a 87.58 square foot Bullseye "Order Pickup" sign on the west side of the building facing Biscayne Blvd. and a 77.10 square foot "Drive Up" logo sign on the north wall facing NE 213t" Street. (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Target Corporation APPLICANT The Seyer Group LOCATION OF PROPERTY 21265 Biscayne Blvd. LEGAL DESCRIPTION Tract B, Aventura Commons, Plat Book 151, Page 58, Public Records of Miami- Dade County, City of Aventura, Florida ZONING Subject property: B2, Community Business District Property to the North: B2, Community Business District Property to the South: B2, Community Business District Property to the East: RS2, Single Family Residential District Property to the West: Biscayne Boulevard EXISTING LAND USE Subject property: Retail Plaza Property to the North: Vacant Land Property to the South: Retail Plaza Property to the East: Single Family Residential Property to the West: Biscayne Boulevard FUTURE LAND USE — According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Medium High Density Residential Property to the West: Biscayne Boulevard The Site - The subject site contains a one-story Target store with 127,435 square feet of retail floor area and surface parking to the west, north and south of the store. The building is set back approximately 650 feet from Biscayne Blvd. Although the parcel is separately owned by Target Corporation, it is attached to the Aventura Commons commercial plaza that includes Whole Foods, Petsmart, Ulta Beauty, Men's Warehouse, Best Buy and other tenants, along with additional surface parking to the south of the Target parcel. The Project — The applicant received administrative site plan approval (SP2008- 0002) for the improvements to the building and parking lot to provide curbside pickup for its customers. This variance request addresses the signage required for 2 the implementation of the curbside pickup. The existing Target bullseye logo and CVS Pharmacy sign will remain. The proposed signage includes a 87.58 square foot Bullseye "Order Pickup" sign on the west side of the building facing Biscayne Blvd. and a 77.10 square foot "Drive Up" logo sign on the north wall facing NE 213t" Street. This variance is needed because the architectural screen framing on the west wall is considered a sign and is 1200 square feet which exceeds the allowable size. The sign drawings are attached as Exhibit #2. HISTORY As a corner location, the Target store is allowed two (2) wall signs by City Code. The maximum size of the primary wall sign is 641.86 square feet, based on a building frontage of 427'11". The maximum size of the second wall sign is 320.93 square feet, which is 50% of the size of the primary sign. The City Code defines the sign area as the square foot area enclosed by the perimeter of the sign structure, including borders and framing. Although the existing Target logo and lettering measure 204 square feet, they are located on architectural screen/framing structure that measures 1200 square feet overall. Based on the sign area definition, the sign area is 1200 square feet. In March of 2018, the Target store received approval for two signs on the building, as follows: Sign Type Sign Copy Elevation Letter Size Sign Size (with framing) Wall Sign "Target Bullseye West 225 sq ft 1200 sq ft Logo" (front) Services/Products "Pharmacy" West 35.69 sq ft 35.69 sq ft Sign (front) Total West Wall 260.69 sq ft 1235.69 sq ft 3 This request will increase the sign area as follows: Sign Type Sign Copy Elevation Letter Size Sign Size (with framing) Wall Sign "Target" West 225 sq ft 1200 sq ft (front) Services/Products "Pharmacy" West 35.69 sq ft 35.69 sq ft Sign (front) Services/Products "Bullseye Order West 87.58 sq ft 87.58 sq ft Sign Pickup" (front) Total West Wall 348.27 sq ft 1,323.27 sq ft Services/Products "Drive Up Logo" North 77.10 sq ft Sign (side) Total North Wall 77.10 sq ft Grand Total: 425.37 sq ft 1,400.37 sq ft 11 Citizen Comments — The Community Development Department has received no written citizen comments as of the date of writing of this report. ANALYSIS The applicant is requesting that the sign variance approved in 2018 be modified to permit a 87.58 square foot Bullseye "Order Pickup" sign on the west side of the building facing Biscayne Blvd. and a 77.10 square foot "Drive Up" logo sign on the north wall facing NE 213t" Street. This variance is needed because the architectural screen framing on the west wall is considered a sign and is 1200 square feet which exceeds the allowable size. The existing Target Bullseye logo and CVS Pharmacy sign will remain. CRITERIA FOR SIGN VARIANCE APPROVAL The criteria for approval of sign variances are set out in Section 31-191(m)(8) of the City of Aventura Land Development Regulations, as follows: "The Sign Variance maintains the basic intent and purpose of these regulations,particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." The basic intent and purpose of the sign regulations is to allow signage that is effective in indexing the environment, serves as an index to needed goods and services, enhances the physical appearance of the City, promotes traffic safety while preventing visual distraction and is compatible with its surroundings. 4 The 87.58 square foot addition of a "Bullseye Order Pickup" sign on the west wall does preserve the unique aesthetic character of the City and is not in conflict with the basic intent and purpose of the sign code. It is compatible with its surroundings. The sign will effectively index the environment, will preserve the physical appearance of the City and will prevent visual distraction while providing direction and visibility. The 77.10 square foot "Drive Up Logo" sign proposed for the north wall is substantially smaller than the 323 square feet allowed by City Code for a second wall sign. It does preserve the unique aesthetic character of the City and is not in conflict with the basic intent and purpose of the sign code. The sign will effectively index the environment, will preserve the physical appearance of the City and will prevent visual distraction while providing direction and visibility. 5 Exhibit #1 SV2106-0001 The Seyem Group Target 21265 Biscayne Boulevard Application for Sign Variance Letter of Intent We'll Never Buy the Same Again What changed? Covid -19 changed the way we shop. Picking up everything from food to furniture curbside became a regular habit and now there is no going back. Customers love the safety and efficiency of picking up curbside and stores like Target strive to streamline and improve on this growing segment of business. The former garden center will be renovated to accommodate customer fulfillment. Curbside pickup will be moved from the west side front of the store to the north side. The site plan has been revised to facilitate the flow of traffic and the redesign of the unused garden center. Target staff will be bringing the items from the former garden center and in a few steps loading the goods into the customers vehicle. With this new service module and location, it improves the general flow of customer traffic in and out of the shopping center. The request To facilitate the changes in the service, Target is requesting a sign variance. Two additional signs are requested: 1. Bullseye "Order Pickup" @ 87.58 square feet to be located in front of the old garden center facing Biscayne Boulevard on the west side of the building. 2. "Drive Up" logo @ 77.10 square feet to be located on the north wall facing NE 213th Street. Current code allows 1.5 square feet of signage per linear store front if the building is more than 300 feet from the street. Therefore, the west side of the building would be allowed 646 square feet of signage given the 431 linear feet of frontage. Target currently has 260.69 square feet of signage on this side of the building and requests an additional 87.58 square feet for a total of 348.27 square feet. 7321 Merchant Court • Sarasota, Florida 34240. 941.552.2200• Fax 941.552.2210 Corner locations are allowed an additional wall sign. The second sign is limited to 50 percent of the square foot of the primary signage. Therefore, the allowable signage facing NW 2131h Street would be 323 square feet. Target is requesting 77.10 feet on the north side of the building. Overview Sign Type Copy Elevation Sq Ft. Status Wall Sign Bullseye West (front) 225 Existing Services/Product CVS Pharmacy West (front) 35.69 Existing Services/Product Bullseye Order Pickup West (front) 87.58 Requested Total West Wall 348.27 Proposed North Wall Services/Product Drive Up Logo Set North (side) 77.10 Requested Combined Total 425.54 Wall Treatment None West (front) 1,200 Existing Protect History Target owns their parcel at Aventura Commons Shopping Center which is located at the corner of Biscayne Boulevard and NE 213th Street. The zoning for the existing store is B-2 Community Business District and Target is the largest store in the center, with approximately 117,000 square feet of retail space. The property to the south is the balance of the shopping center which is anchored by Whole Foods and Best Buy. The property to the north is owned by Gulfstream Park Racing and the property to the west is across Biscayne Boulevard and are a variety of commercial businesses zoned BU-1A Limited Business District and Medical Office District. The property to the east is a residential community zoned RS2. When the project was originally approved in 1998, Miami-Dade County required Target to install a wall treatment to break up and add interest to the facade of the building frontage. The Aventura Sign Ordinance considered this wall treatment as part of the signage which is 1,200 square feet. A variance was granted for the actual signage which was "Super Target" and a Bullseye (178.27 square feet) and the "Garden Center" sign. All parties have historically agreed that the wall treatment added interest to the facade and should remain. Page 2 In early 2018, the signage was updated with the Target bullseye logo of 225 square feet and CVS Pharmacy with 35.69 square feet totaling 260.69 square feet. The garden center signage was removed when the garden center closed. Conclusion Our request does preserve the unique character of the City and are not in conflict with the basic intent and purpose of the sign code. The proposed signage is compatible with the signage for the rest of the center and will help facilitate the pick-up process for the Target customer, thus creating a better business climate for the entire shopping center. Furthermore, if the wall treatment was considered an architectural feature and not signage, then all the existing and proposed signage would be significantly less that the what code allows. We respectfully request that the City Council approve the sign variance request. Page 3 r F z p O V LL z � °s ue o E� - z -- not o z _ '- N H a— cc W O z N fD a � U l� N d Y U W x E = o C ¢ Z W O ., = co ca V W y m o W y x z z 8 ~�¢ CD W 9 W t n F=- G 2 0 O C C3O Z O N 1 h N Q d J lu e o I I• g/e 6. �€ `?Ta<` '�s'q. 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' 1 ,r �I �E ti ae}e• 1. j'' F (I , fin le � [e f '4: S dRR�9 t �e J � a , CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MODIFICATION TO THE SIGN VARIANCE APPROVED THROUGH RESOLUTION NO. 2018-31 FOR THE TARGET STORE LOCATED AT 21265 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Target Corporation has requested via Application No. SV2106-0001, a modification to a sign variance, approved via Resolution No. 2018-31 on March 6, 2018, to permit an 87.58 square foot Bullseye"Order Pickup"and a 77.10 square foot "Drive Up" logo sign for the Target store located at 21265 Biscayne Boulevard; and WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the application for the modification of sign variance meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. SV2106-0001 for modification to the sign variance, approved through Resolution No. 2018-31, to permit an 87.58 square foot Bullseye"Order Pickup" sign on the west side of the building facing Biscayne Blvd and a 77.10 square foot "Drive Up" logo sign on the north wall facing NE 213t" street for the Target store located at 21265 Biscayne Boulevard, as legally described in Exhibit"A" is hereby granted exclusively to the applicant, with the following conditions- 1. The signs comply with the following drawings submitted with this application: "Target Store T1074", Sheets 1 through 6 inclusive, prepared by Federal Heath Sign Company, dated 02/02/21. 2. The condition in Resolution No. 98-42 that no additional exterior wall signs be allowed on any wall of the Target store shall remain in effect subsequent to and in consideration of this modification. City of Aventura Resolution No. 2021- Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED AND ADOPTED this 23rd day of September, 2021. Page 2 of 4 City of Aventura Resolution No. 2021- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2021. CITY CLERK Page 3 of 4 City of Aventura Resolution No. 2021- EXHIBIT "A" Tract B, Aventura Commons, according to the plat thereof recorded in Plat Book 151, at Page 58 of the Public Records of Miami-Dade County, Florida. Page 4 of 4