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10-05-2021 Regular Commission Meeting Agenda City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor Dr.Linda Marks,Vice Mayor ..�- City Clerk Jonathan Evans,Commissioner Ellisa L.Horvath,MMC Rachel S.Friedland,Commissioner Demise Landman,Commissioner City Attorney Marc Narotsky,Commissioner � �� � Weiss Scrota Helfmarn Robert Shelley,Commissioner e � p�Q� Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA OCTOBER 5, 2021 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Employee Service Awards • Youth Advisory Board Certificates of Appointment • Aventura City of Excellence School Update • Don Soffer Aventura High School Update 5. CONSENT AGEN DA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • September 2, 2021 City Commission Regular Meeting • September 13, 2021 City Commission First Budget Hearing • September 23, 2021 City Commission Special Meeting • September 23, 2021 City Commission Regular Workshop Meeting • September 23, 2021 City Commission Second Budget Hearing B. MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF BARBARA BUXTON,ESQ. AND DANIEL NAIM AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. Aventura City Commission Regular Meeting Agenda October 5, 2021 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRMS OF SEPI, INC., AND THE CORRADINO GROUP,INC. TO PROVIDE PROFESSIONAL SERVICES RELATIVE TO RFP NO. 21-09-07-3, PLANNING CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES WITH EACH FIRM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE CONTRIBUTION OF FUNDS PROVIDED TO THE CITY BY AVENTURA MALL VENTURE AND SERITAGE SRC FINANCE, LLC TO FACILITATE CONSTRUCTION OF A PEDESTRIAN BRIDGE CONNECTING AVENTURA MALL TO THE PROPOSED BRIGHTLINE PASSENGER RAIL STATION; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $80,000.00 FOR POLICE EQUIPMENT FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 6. ORDINANCE - FIRST READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; BY AMENDING SECTION 36- 22 "DEFINITIONS"; BY AMENDING 36-27 `BUY-BACK FOR MILITARY SERVICE" TO EXPAND BUY-BACK OF SERVICE CREDITS TO INCLUDE LAW ENFORCEMENT AND CORRECTIONAL OFFICER SERVICE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES - SECOND READING/PUBLIC HEARINGS: 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. Page 2 of 3 Aventura City Commission Regular Meeting Agenda October 5, 2021 8. 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 — SECOND 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. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates,times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center(19200 West Country Club Drive, Aventura). COMMISSION REGULAR WORKSHOP—OCTOBER 21,2021 AT 9 AM COMMISSION REGULAR MEETING—NOVEMBER 2,2021 AT 6 PM COMMISSION REGULAR WORKSHOP—NOVEMBER 4,2021 AT 9 AM 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 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: October 1, 2021 SUBJECT: Approval of Minutes October 5, 2021 City Commission Meeting Agenda Item 5A RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in September. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • September 2, 2021 City Commission Regular Meeting • September 13, 2021 City Commission First Budget Hearing • September 23, 2021 City Commission Special Meeting • September 23, 2021 City Commission Regular Workshop Meeting • September 23, 2021 City Commission Second Budget Hearing Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR MEETING MINUTES SEPTEMBER 2, 2021 6:00 P.M. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.05 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Robert Shelley was absent. As a quorum was determined to be present, the meeting commenced. A moment of silence was observed in recognition of those lives lost in Afghanistan. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Item 513 (and related presentation)was removed from the Consent Agenda per the request of City Manager Ronald J. Wasson and consensus of the City Commission. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: Mr. Wasson presented Richard Robinson, Police Department Records Clerk, with a recognition certificate and a token of appreciation for the completion of 20 years of service with the City. • Youth Advisory Board Certificates of Appointment: This item was removed from the agenda. • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala provided a brief report on ACES. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, accompanied by student Goldie Silbermann, provided a brief report on DSAHS. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. Aventura City Commission Regular Meeting Minutes September 2, 2021 A motion to approve the items on the Consent Agenda was offered by Commissioner Narotsky, seconded by Commissioner Evans, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • July 13, 2021 City Commission Regular Meeting • July 22, 2021 City Commission Special Meeting • July 22, 2021 City Commission Regular Workshop Meeting • August 10, 2021 City Commission Special Meeting B. Removed from the agenda: 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. C. Resolution No. 2021-46 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-07-26- 3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER, TO GRASS ROOTS COMPLETE, LLC AKA GRC SERVICES FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED;AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT;AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2021-47 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-07-27- 3 CITY OF AVENTURA CUSTODIAL SERVICES FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL TO AMER-PLUS JANITORIAL MAINTENANCE, LLC FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED;AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT;AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2021-48 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE FLORIDA MEMORANDUM OF UNDERSTANDING WITH THE STATE OF FLORIDA AND OTHER PARTICIPATING LOCAL GOVERNMENT UNITS FOR THE ALLOCATION AND USE OF OPIOID Page 2 of 6 Aventura City Commission Regular Meeting Minutes September 2, 2021 SETTLEMENT FUNDS TO ABATE AND RESOLVE THE OPIOID EPIDEMIC; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL;AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2021-49 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-05-18- 3, AVENTURA PARKING GARAGE RESTORATION, TO ONE SOURCE RESTORATION&BUILDING SERVICES,INC.AT THE BID PRICE OF$238,683.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2021-50 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-08-09- 3, YACHT CLUB DRIVE DRAINAGE IMPROVEMENTS, TO GPE ENGINEERING AND GENERAL CONTRACTOR CORPORATION AT THE BID PRICE OF $720,694.46; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2021-51 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Motion approved as follows: MOTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXPEND $5,000 IN MIAMI-DADE COUNTY COMMUNITY-BASED ORGANIZATION OFFICE (CBO)FUNDS FOR POLICE AND YOUTH ACTIVITIES AS ALLOCATED BY MIAMI-DADE COUNTY COMMISSIONER SALLY HEYMAN, IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. J. Resolution No. 2021-52 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE EMERGENCY RELOCATION AND REPLACEMENT OF THE CITY'S CLOSED-CIRCUIT TELEVISION (CCTV)POLE AND RELOCATION OF APPLICABLE CAMERAS ON SAID POLE LOCATED IN Page 3 of 6 Aventura City Commission Regular Meeting Minutes September 2, 2021 THE FDOT RIGHT-OF-WAY AT THE INTERSECTION OF IVES DAIRY ROAD AND BISCAVNE BOULEVARD; AUTHORIZING THE CITY MANAGER TO UTILIZE THE FDOT CONTRACT(BE377)WITH TRANSCORE FOR SAID WORK; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. K. Motion approved as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED J[JNE 30, 2021 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 24,2021 ATTACHED HERETO AS ATTACHMENT 1. L. Motion approved as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE DON SOFFER AVENTURA HIGH SCHOOL FOR THE FISCAL YEAR ENDED J[JNE 30, 2021 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 25,2021 ATTACHED HERETO AS ATTACHMENT 1. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF ORDINANCES BV 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 SEVERABILITV; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wasson reported that the entity requesting the Code amendment (Aventura Opportunity Holdings LLC) requested that the item be continued, in order to work on additional items with the City. A motion to continue the item to September 23, 2021 at 9:00 a.m. was offered by Commissioner Landman, seconded by Commissioner Friedland, and passed unanimously, by roll call vote. Page 4 of 6 Aventura City Commission Regular Meeting Minutes September 2, 2021 Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 `BUILDINGS AND BUILDING REGULATIONS"OF THE CITY CODE, BY CREATING CITY CODE SECTION 14- 2 "DELIVERY OF ENGINEERING REPORTS CONCERNING COMMERCIAL BUILDINGS", TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Evans and seconded by Commissioner Landman. Mr. Wasson explained the Ordinance requiring the delivery of engineering reports for commercial buildings, similar to the one adopted for residential buildings. The Commission provided comments. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-14 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: Mr. Wasson provided information on the building engineering reports received thus far and discussed the process for designee forms, etc. Vice Mayor Dr. Marks reported on the recent meeting she and Mr. Wasson attended with architects/engineers regarding the due diligence on the Aventura Middle School expansion. Mr. Wasson will provide an update on the school building expansion meeting, as well as an update on the vaccination outreach initiative, at the upcoming workshop agenda. Commissioner Narotsky reported on the preliminary census figures for the City of Aventura showing over 40,000 residents. 11. PUBLIC COMMENTS: No comments were provided by members of the public. 12. OTHER BUSINESS: None. Page 5 of 6 Aventura City Commission Regular Meeting Minutes September 2, 2021 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Dr. Marks, seconded by Commissioner Evans, and unanimously approved; thus, adjourning the meeting at 6:38 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 5, 2021. Page 6 of 6 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION FIRST BUDGET HEARING MINUTES SEPTEMBER 13, 2021 6:00 P.M. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.07 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks', Commissioner Jonathan Evans2, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. PUBLIC HEARINGS: ORDINANCES: FIRST READING —2021/2022 BUDGET: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE,WHICH AS A PERCENT(%)CHANGE OF ROLLED-BACK RATE OF 1.7172 MILLS IS 0.52% ABOVE THE ROLLED- BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2021 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson reviewed the ad valorem tax rate as outlined in the agenda, maintaining the same millage rate as the prior year and resulting in no tax increase for the 26t" year in a row. The Commission provided comments. ' Participated via virtual communications media technology. 2 Participated via virtual communications media technology. Aventura City Commission First Budget Hearing Minutes September 13, 2021 Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,AS REVIEWED AND APPROVED BY THE CITY COMMISSION AT THE REVIEW MEETING HELD ON J[JLY 22, 2021 AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2021/2022 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Evans and seconded by Commissioner Friedland. Mr. Wasson reviewed the budget totaling $60,468,975, which is 1.14% less than the prior year, as previously presented to the City Commission on July 22, 2021 for review. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Shelley, and unanimously approved; thus, adjourning the meeting at 6:16 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 5, 2021. Page 2 of 2 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION SPECIAL MEETING MINUTES SEPTEMBER 23, 2021 Following 9:00 a.m. Local Planning Agency Meeting Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:39 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland', Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency Meeting. 3. RESOLUTION: Mrs. Horvath read the following Resolution title: 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. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Evans. Mr. Wasson reviewed the item. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution passed unanimously, by roll call vote, and Resolution No. 2021-53 was adopted. 4. ORDINANCE - SECOND READING/PUBLIC HEARING: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF ' Participated via virtual communications media technology. Aventura City Commission Special Meeting Minutes September 23, 2021 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. A motion for approval of the Ordinance was offered by Commissioner Landman and seconded by Commissioner Shelley. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and reviewed the changes incorporated since first reading, as outlined in his memorandum. The following provided comments on behalf of the entity requesting the Code amendment (Aventura Opportunity Holdings, LLC): Jeffrey Bercow, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300, Miami, FL) and Bernard Zyscovich, Architect — Zyscovich (100 Biscayne Blvd. 27t" Floor, Miami, FL) . The Commission discussed the item and requested that Mr. Klopp research how property taxes and business taxes would apply to the property, with information to be provided by the November workshop. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-15 was adopted. 5. ORDINANCE - FIRST READING/PUBLIC HEARING: Mrs. Horvath read the following Ordinance title: 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. A motion for approval of the Ordinance was offered by Commissioner Landman and seconded by Commissioner Evans. Community Development Director Keven Klopp incorporated the staff report, testimony and documents provided at the September 23, 2021 Local Planning Agency Meeting into the record by reference. Page 2 of 5 Aventura City Commission Special Meeting Minutes September 23, 2021 The following provided comments on behalf of the Applicant (Michael J. Marrero on behalf of owners Aventura Opportunity Owner, LLC and Norwich Aventura II, LLC): Jeffrey Bercow, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300, Miami, FL). The Commission discussed the item. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for Items 6A, 6B, and 6C. Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 6A, 6B and/or 6C. ORDINANCES — FIRST READING: Mrs. Horvath read the following Ordinance title: 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. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Community Development Director Keven Klopp incorporated the staff report, testimony and documents provided at the September 23, 2021 Local Planning Agency Meeting into the record by reference. The following provided comments on behalf of the Applicant (Michael J. Marrero on behalf of owners Aventura Opportunity Owner, LLC and Norwich Aventura II, LLC): Jeffrey Bercow, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300, Miami, FL). Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. Page 3 of 5 Aventura City Commission Special Meeting Minutes September 23, 2021 Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION 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. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Community Development Director Keven Klopp incorporated the staff report, testimony and documents provided at the September 23, 2021 Local Planning Agency Meeting into the record by reference. The following provided comments on behalf of the Applicant (Jasmin Investments, LLC) by Brian Adler, Esq. — Bilzin Sumberg Baena Price &Axelrod LLP (1450 Brickell Avenue, Suite 2300, Miami, FL). The Commission discussed the item. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. RESOLUTION: Mrs. Horvath read the following Resolution title- 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. A motion for approval of the Resolution was offered by Commissioner Narotsky and seconded by Commissioner Landman. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (The Seyer Group on behalf of the owner Target Corporation): Kim Binkley-Seyer- The Seyer Group (7321 Merchant Court, Sarasota, FL). The Commission discussed the item. Page 4 of 5 Aventura City Commission Special Meeting Minutes September 23, 2021 Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution passed unanimously, by roll call vote, and Resolution No. 2021-54 was adopted. 7. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Shelley, and unanimously approved; thus, adjourning the meeting at 10:21 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 5, 2021. Page 5 of 5 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES SEPTEMBER 23, 2021 Following 9:00 a.m. LPA Meeting and City Commission Special Meeting Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 10:30 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland , Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. Per Mayor Weisman's request and consensus of the Commission, the following item was added to the agenda: 2021-2022 Florida Instructional Continuity Plan (ICP): Mayor Weisman discussed the ICP for both Charter Schools due on September 30t" and noted that since the Governing Boards would meet on September 30t", the Commission could provide comments at this time on the plans that were emailed to them. Rachel Windler-Freitag, South Florida Deputy Director Charter Schools USA, briefly reviewed the ICP for both the Aventura City of Excellence School and the Don Soffer Aventura High School, regarding plans for mobile learning should there be another shut down or if a student needs to stay home. No comments were provided by the Commission. 2. Presentation: Belmont Village Senior Living Community Proposal for Vacant Parcel at Yacht Club Way and E. Country Club Drive (City Manager): Mr. Wasson and Keven Klopp, Community Development Director, briefly reviewed the proposed project at Turnberry. Michael Marrero, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300, Miami, FL), Albert Coroveso, President - Corwil Architects (4210 Laguna St., Coral Gables, FL), and David Lederman, Esq., Vice President, Acquisitions and Investment— Belmont Village (770 Claughton Island Drive, Suite#1614, Miami, FL) reviewed plans titled Belmont Village Senior Living Turnberry. ' Participated via virtual communications media technology, arrived at the beginning of Item 2,and left prior to Item 4. Aventura City Commission Regular Workshop Meeting Minutes—September 23, 2021 The Commission discussed the following items: property line, density, foliage in the rendering between the project and the neighboring property, the concept of the property as a month to month rental, long-term economic development, impact of an assisted living facility, and traffic. City Manager Summary: It was the consensus of the City Commission for the project to proceed through the process. 3. Presentation: Condominium Communications App. (City Manager): Mr. Wasson explained the concept of the application to work with the residential community to assist the City with enhanced communication to residents within the condominium buildings. Carlos Guzman Laserna, Co-founder & CEO, and Alan Gucovschi, Co-Founder, ONR Applications (370 NE 75th Street, Suite 127, Miami FL) provided information on the application, with an annual cost to the condominiums and no cost to the City. The Commission provided comments on the subscription fee to the condominiums and the possible need for more condominiums to participate in order for it to be effective for the City. Mr. Meyers provided comments on the City's support of a private corporation. City Manager Summary: This item was provided for informational purposes, with future updates to be provided. 4. Discussion: Communications (Vice Mayor Dr. Marks): Vice Mayor Dr. Marks discussed the need for enhanced communications between the City and the Commission, as well as the City and its residents. Mr. Wasson reviewed the various avenues used to communicate with residents and discussed the newly created Communications Manager position, as well as a part-time assistant, which had been tasked with improving communication efforts. The Commission discussed text messaging, the importance of media contacts, addressing the way information is distributed, communicate with more people and someone to oversee that process, and presenting a formal strategic plan for overall communication. Mrs. Horvath read a statement by Commissioner Friedland into the record suggesting that Evan Ross provide a communications plan for the City for the upcoming year, to be presented at the next meeting, as well as the cost for his firm to implement the plan. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson and Evan Ross (Public Communicators Group LLC) to present communication plans at the next meeting. Page 2 of 4 Aventura City Commission Regular Workshop Meeting Minutes—September 23, 2021 5. Update: COVID-19 Vaccinations (Vice Mayor Dr. Marks): Vice Mayor Dr. Marks discussed the need for enhanced efforts to better mitigate COVID-19 and what the City's responsibilities should be regarding its employees, as well as suggestions to local businesses. The Commission discussed possible incentives for vaccinated employees, requiring testing for unvaccinated employees, etc. Mr. Wasson discussed the current policy of encouragement for employees to be vaccinated and the large percentage of those that had been vaccinated thus far. Mr. Meyers provided legal information on the federal and state levels regarding vaccine mandates and agreed with the City Manager's current approach. City Manager Summary: This item was provided for informational purposes, with future updates to be provided. 6. Discussion: Vacancies on the (a) Arts & Cultural Center Advisory Board, (b) Don Soffer Aventura High School Foundation, and (c) Don Soffer Aventura High School Advisory Board (City Manager): Mr. Wasson reviewed the vacancies on the Arts & Cultural Center Advisory Board, vacancies and one resume received for the Foundation, and applications received for the normal appointment for the DSAHS Advisory Board. Mr. Wasson discussed advertising the vacancies and also suggested the possibility of combining the Art in Public Places Advisory Board with the Arts & Cultural Center Advisory Board. The Commission discussed the Boards and requested that the City Manager send the information on the Board member criteria, duties, etc. to the Commission for further review. City Manager Summary: It was the consensus of the City Commission to review the duties for these Boards, as well as the Art in Public Places Advisory Board, and the Foundation. No additional action was taken on this item. 7. Discussion: Ordinance Amending Chapter 36 of the City Code Pertaining to the Police Pension Plan and Trust Fund (City Manager): Mr. Wasson reviewed the proposed Ordinance providing amendments to allow members to buy-back service credits as outlined, with no cost to the City, and recommended proceeding. City Manager Summary: It was the consensus of the City Commission to place the proposed Ordinance on the October 5, 2021 agenda for first reading. 8. Review: Interlocal Agreement Between the City and Miami-Dade County for Construction of the Pedestrian Bridge Along the Northeast Corridor (City Manager): Mr. Wasson reviewed the agreement to provide for the disbursement of funds to the County received from Aventura Mall Venture and Seritage SRC Finance, LLC, for Page 3 of 4 Aventura City Commission Regular Workshop Meeting Minutes—September 23, 2021 Brightline to design and construct the pedestrian bridge along the northeast corridor (at or around N.E. 197t" Street). City Manager Summary: It was the consensus of the City Commission to place a Resolution on the October 5, 2021 agenda for the agreement as presented. 9. Discussion: American Rescue Plan Act of 2021 Funding (City Manager): Mayor Weisman discussed the$19 million in funds that the City will recevie and requested Commision input on what the money should be used for. Mr. Wasson will provide information on the restricted uses of the funds, with the assistance of Mr. Meyers. City Manager Summary: This item was provided for informational purposes. The following additional items were discussed: Mr. Meyers discussed the upcoming annual ethics training for the Commission to be scheduled following the Commission Workshops on October 21 st and November 4t". Any members not able to attend can participate in training online. Mayor Weisman discussed the Brightline and the County's proposed special taxing district. Community Development Director Keven Klopp provided comments. Mayor Weisman discussed the County task forces regarding the Champlain Towers (Town of Surfside) and encouraged the Commission to be aware of items that the County is looking at. 10. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 1:11 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 5, 2021. Page 4 of 4 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION SECOND BUDGET HEARING MINUTES SEPTEMBER 23, 2021 6:00 P.M. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:01 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland', Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Denise Landman was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. PUBLIC HEARINGS: ORDINANCES: SECOND READING — 2021/2022 BUDGET: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE,WHICH AS A PERCENT(%)CHANGE OF ROLLED-BACK RATE OF 1.7172 MILLS IS 0.52% ABOVE THE ROLLED- BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2021 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Evans. Mayor Weisman highlighted the City's tax rate as the lowest in the County, without an increase in the millage rate. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. ' Participated via virtual communications media technology. Aventura City Commission Second Budget Hearing Minutes September 23, 2021 The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-16 was adopted. Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,AS REVIEWED AND APPROVED BY THE CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 22, 2021 AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2021/2022 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Evans. Mayor Weisman discussed the Commission's review process for the budget. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-17 was adopted. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Dr. Marks, seconded by Commissioner Evans, and unanimously approved; thus, adjourning the meeting at 6:07 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 5, 2021. Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Mana er (_Y_6L� g DATE: October 1, 2021 SUBJECT: Re-Appointment of Special Masters for Code Enforcement Process October 5, 2021 City Commission Meeting Agenda Item 513 RECOMMENDATION It is recommended that the City Commission ratify the City Manager's re-appointment of Barbara Buxton, Esq. and Daniel Naim as Special Masters for the City of Aventura Code Enforcement process. BACKGROUND Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process provides for the City Manager to appoint Special Masters, subject to City Commission ratification, for a term of one year. The above-referenced individuals are submitted to you for re-appointment as Special Masters. If you have any questions please feel free to contact me. RJW/act Attachment CCO2012-21 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: October 1, 2021 SUBJECT: Resolution Declaring Equipment as Surplus October 5, 2021 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2003-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 5t" day of October, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA POLICE DEPARTMENT TO: Ronald J. Wasson, City Manage FROM: Bryan Pegues, Chief of Police SUBJECT- Surplus Property DATE: October 1st, 2021 1 would like to have the below vehicle, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as this item has become inadequate for public purposes: 2010 Ford Crown Victoria-VIN# 2FABP7BV6AX1 18035 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp/�* Community Development Director DATE: October 1, 2021 SUBJECT: Resolution Authorizing Contract Negotiations for RFP 2021-09-07-3 Professional Planning Consultant Services October 5, 2021 City Commission Meeting Agenda Item 51) RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to enter into contract negotiations with SEPI Engineering & Construction, Inc. and The Corradino Group for professional planning consultant services. BACKGROUND The Community Development Department utilizes professional consultants to provide professional planning services. The consultants assist the Director, as needed, with the following: • plan review for conformance with land development regulations • processing applications for site plan approval, conditional uses, and variances • sign permits, certificates of use, zoning certificates • public inquiries regarding planning zoning • Comprehensive Plan amendments, map amendments, and code revisions • preparation of the City's Evaluation and Appraisal Report • meeting with developers, architects and planners to discuss, advise, and suggest improvements regarding potential projects • researching and preparing planning studies • drafting Local Planning Agency and City Commission staff reports, resolutions, ordinances, and conditions of approval • LEED requirement monitoring • coordinating traffic reviews, environmental reviews, landscaping reviews, architectural reviews, parking reviews, etc. • fulfilling state and regional planning coordination expectations and requirements A Request for Proposals (RFP 2021-09-07-3) was recently issued with the intent of securing new contracts for such services. Four firms submitted proposals. An evaluation committee reviewed the proposals, received a presentation from each of the four proposers, and independently scored them (scoring sheet attached). The resolution will authorize the City Manager to negotiate contracts with the top-ranked firm, SEPI Engineering & Construction, Inc. as the primary, and the second-ranked firm, The Corradino Group, as the back-up. Those proposed contracts will be presented to the City Commission at a later date for approval. Depending on the level of development activity, it is anticipated that the cost of these services on an annual basis could exceed the Manager's threshold of $50,000 per consultant, thus requiring Commission approval. The selected firms will each be awarded a two (2) year contract. The City reserves the right to extend either or both Contracts for one (1) additional two (2) year term providing; (a) both parties to the Contract agree to the extension; and (b) all the terms, conditions and specifications remain the same. A copy of the RFP, the firms' submittals, and other supporting documents are available for review in the Finance Department. 2 cn o o m o 0) o. Co -0 -� 3 0 7 v �o o Q Z3 Z 0 a o s c o m A O �o N Ro CO) C7 go N ((nn to n O N CD N O _ � C - n n n II K O J O 3 ro m ti, Ln °o (D: ; m °a 'J c 3 m n a a a<i Z mtn m m m cCTI y Z n n p N Ix 0 -n o c c �' la c D =a m O O (fl m D ct 3 s ..N ry 4 O CO O W O a rn O co Cn s RO N ' t0 O 00 Du 0 v O W Cn N N C. C. W W Du (D Ut 0) W O O W s 7C" N A W CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRMS OF SEPI ENGINEERING & CONSTRUCTION, INC. AND THE CORRADINO GROUP TO PROVIDE PROFESSIONAL SERVICES RELATIVE TO RFP NO. 21-09-07-3, PLANNING CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES WITH EACH FIRM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, requested proposals from firms to provide Professional Planning Consultant Services; and WHEREAS, proposals were evaluated by an Evaluation Committee consisting of the Assistant City Manager/Finance Director, the Community Development Director, the Assistant Director of Public Works and the Code Compliance/Zoning Specialist; and WHEREAS, said Evaluation Committee recommends the firms of SEPI Engineering & Construction, Inc., as primary, and The Corradino Group, as secondary, based on the experience and qualifications of said firms; and WHEREAS, the City Commission desires to authorize the City Manager to negotiate a scope of services and fees with the two (2) recommended firms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firms of SEPI Engineering & Construction, Inc. and The Corradino Group are hereby selected to perform Professional Services for the City relative to RFP No. 21-09-07-3 Planning Consultant Services, with SEPI Engineering & City of Aventura Resolution No. 2021- Construction, Inc., as the primary, and The Corradino Group, as the secondary in the event that the primary consultant, at the City's discretion, is not selected or suited for certain services. Section 2. The firms have been selected on the basis of their experience and qualifications and have not finalized a fee structure with the City. Therefore, the City Manager shall negotiate the scope of services and basis of fees with each firm. Section 3. The basis of fees described above shall be negotiated by the City Manager and approved by the City Commission prior to said firms beginning any labor or work for which the City may later be billed. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , 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 5t" day of October, 2021. Page 2 of 3 City of Aventura Resolution No. 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 OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: October 1, 2021 SUBJECT: Resolution Approving an Interlocal Agreement with Miami-Dade County for the Contribution of Funds Provided to the City by Aventura Mall Venture and Seritage SRC Finance LLC to Facilitate Construction of a Pedestrian Bridge Connecting Aventura Mall to the Proposed Brightline Passenger Rail Station October 5, 2021 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving an Interlocal Agreement with Miami-Dade County for the contribution of funds provided to the City by Aventura Mall Venture (the "Mall") and Seritage SRC Finance LLC ("Seritage") to facilitate construction of a pedestrian bridge connecting Aventura Mall to the proposed Brightline passenger rail station. BACKGROUND The City and the County desire to facilitate the construction of the Pedestrian Bridge Project in order to connect City and County residents to the proposed Brightline passenger rail station. The County has proposed entering into an Interlocal Agreement with the City for the contribution of the Mall and Seritage funds to facilitate the construction of the Pedestrian Bridge Project. The Interlocal Agreement will also afford the City an opportunity to comment on the Pedestrian Bridge Project's conceptual drawings, which will be considered and reviewed by the County. The City's comments, provided they are appropriate, reasonable, and do not disrupt, delay, or increase the cost of construction, operation, or maintenance of the Pedestrian Bridge Project, may be incorporated into the County's comments to Brightline. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2015-21 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE CONTRIBUTION OF FUNDS PROVIDED TO THE CITY BY AVENTURA MALL VENTURE AND SERITAGE SRC FINANCE, LLC TO FACILITATE CONSTRUCTION OF A PEDESTRIAN BRIDGE CONNECTING AVENTURA MALL TO THE PROPOSED BRIGHTLINE PASSENGER RAIL STATION; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 17, 2016, the City Commission of the City of Aventura (the "City") adopted Resolution No. 2016-69, approving a Tripartite Transportation Contribution Agreement (the "Tripartite Agreement"), by which the Aventura Mall Venture and Seritage SRC Finance, LLC each agreed to provide Two Million Dollars, for a total of Four Million Dollars (collectively, the "Mall and Seritage Funds") for the development of a pedestrian bridge (the "Pedestrian Bridge Project") to be generally located at NE 197tn Street from the proposed Brightline passenger rail station to Aventura Mall; and WHEREAS, on October 11, 2019, the Board of County Commissioners of Miami- Dade County (the "County") adopted Resolution No. R-1115-19, approving a Land Acquisition and Development Agreement wherein the County will provide funding to Brightline for the procurement and construction of a passenger rail station and the Pedestrian Bridge Project; and WHEREAS, the City and the County desire to facilitate the construction of the Pedestrian Bridge Project in order to connect City and County residents to the proposed Brightline passenger rail station; and WHEREAS, the County has proposed entering into an Interlocal Agreement, in substantially the form attached hereto as Exhibit"A" (the "Interlocal Agreement"), with the City for the contribution of the Mall and Seritage Funds to facilitate the construction of the Pedestrian Bridge Project; and WHEREAS, the Interlocal Agreement will also afford the City an opportunity to comment on the Pedestrian Bridge Project's conceptual drawings, which will be considered and reviewed by the County, and provided the City's comments are appropriate, reasonable, and do not disrupt, delay, or increase the cost of construction, City of Aventura Resolution No. 2021- operation, or maintenance of the Pedestrian Bridge Project, may be incorporated into the County's comments to Brightline; and WHEREAS, the City Commission finds that this Resolution and the Interlocal Agreement are in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Approval. That the City Commission hereby approves the Interlocal Agreement, in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. That the City Manager is hereby authorized to execute the Interlocal Agreement, in substantially the form attached hereto as Exhibit"A," subject to the approval of the City Attorney as to form, content, and legal sufficiency. Section 4. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution and the Interlocal Agreement. Section 5. Effective Date. That this Resolution shall be effective immediately upon 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 5th day of October, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 City of Aventura—Interlocal Agreement with Miami-Dade County INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY This AGREEMENT made and entered into this day of 2021, by and between the CITY OF AVENTURA, FLORIDA, a municipal corporation of the STATE OF FLORIDA, hereinafter referred to as the "City", and MIAMI-DADE COUNTY, a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the "County". City and County collectively referred to herein as "Parties." WITNESSETH WHEREAS, Brightline Trains Florida LLC (f/k/a Virgin Trains USA LLC) ("Brightline") has constructed and is operating a privately-owned passenger railway system with passenger train stations in Downtown Miami, Fort Lauderdale and West Palm Beach, generally along the Northeast Corridor of the Strategic Miami Area Rapid Transit (SMART) Plan; and WHEREAS, on October 11, 2019, the Board of County Commissioners adopted Resolution No. R-1115-19 which approved a Land Acquisition and Development Agreement between the County and Brightline (hereinafter the "Land Acquisition and Development Agreement")wherein the County and Brightline agreed, under certain terms and conditions, that the County will provide the funding to Brightline for Brightline to procure the design and construction of a passenger rail station and pedestrian bridge consisting of two segments as more particularly defined below, the "West Side Bridge" and the "East Side Bridge", and other transit improvements, to be located generally along the Northeast Corridor, at or around NE 197th Street (the "Project"); and Page 1 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County WHEREAS, pursuant to sections 3 and 5 of the Land Acquisition and Development Agreement, Brightline is responsible for the design and construction of the East Side Bridge, including the selection, oversight, and management of all contractors and consultants necessary to design and construct the bridge; and WHEREAS, subject to the condition precedent set forth in section 5 of the Land Acquisition and Development Agreement, and pursuant to the process set forth in sections 3(g) and 5(e), at the appropriate time, Brightline shall provide the County with the conceptual drawings, as well as the complete design and construction drawings (collectively the "drawings") of the East Side Bridge for County comment and approval; and WHEREAS, pursuant to the terms of the Land Acquisition and Development Agreement, the County is required to act reasonably in making comments and granting or denying approvals, and Brightline is required to make all revisions to the drawings that are required to confirm the drawings to the terms of the agreement including the Layout Plan, and applicable law; and WHEREAS, pursuant to the Land Acquisition and Development Agreement, Brightline shall make reasonable efforts to incorporate any other comments made by the County, but is not required to implement any comments that would materially increase the costs of construction, operation, or maintenance of the East Side Bridge; and WHEREAS, both Parties herein wish to facilitate said transportation improvements and provide transportation alternatives for the residents of Miami-Dade County; and WHEREAS, pursuant to Resolution No. 2016-69, approved by the Aventura City Commission on November 17, 2016, the City, Aventura Mall Venture hereinafter referred Page 2 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County to as "AMV", TB Carpenter Parcel, LLC hereinafter referred to as "TB Carpenter", and Seritage SRC Finance, LLC hereinafter referred to as "Seritage", entered into an agreement (the "Tripartite Transportation Contribution Agreement") wherein AMV and Seritage irrevocably committed to contribute funds to the City in an amount of TWO MILLION DOLLARS ($2,000,000) each, totaling FOUR MILLION DOLLARS ($4,000,000.00), to fund a major transportation improvement, which pursuant to this Agreement consists of a pedestrian bridge from the Aventura Mall to a proposed passenger rail station; and WHEREAS, the Project consists of the major transportation improvement, namely the pedestrian bridge, that was the subject of the Tripartite Transportation Contribution Agreement; and WHEREAS, pursuant to the terms of the Tripartite Transportation Contribution Agreement, the funding commitments of AMV and Seritage must be secured by a surety bonds, escrow deposits or Letter of Credit; and WHEREAS, AMV and Seritage must maintain legally sufficient guarantees in place throughout the term of the Tripartite Transportation Contribution Agreement; and WHEREAS, on February 1, 2018, the City, AMV, Seritage, and TB Carpenter entered into the First Amendment to the Tripartite Transportation Contribution Agreement (the "First Amendment"); and WHEREAS, the First Amendment provides in part that AMV may also secure its funding commitment with a corporate guaranty given by Shopping Center Management, a Florida general partnership, or any other type of security, approved in writing by the City Manager and City Attorney; and Page 3 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County WHEREAS, the First Amendment additionally provides in part that Seritage may also secure its funding commitment with any other type of security, approved in writing by the City Manager and City Attorney; and WHEREAS, the First Amendment provides that in the event construction work or the implementation of the transportation improvement project that is the subject of the Tripartite Transportation Contribution Agreement has not commenced by January 1, 2025, AMV's and Seritage's funding commitment as required by the Tripartite Transportation Contribution Agreement shall be terminated and the City shall release AMV and Seritage of any and all such funding obligations, except as otherwise provided in the Tripartite Transportation Contribution Agreement; and WHEREAS, there have been no additional amendments to the Tripartite Transportation Contribution Agreement, and any future amendments that impact AMV's and Seritage's obligations with respect to the funding commitment towards the Project shall be subject to County consent, NOW, THEREFORE, in consideration of the promises and covenants contained herein, the Parties agree: 1. RECITALS: The recitals are true and correct and are incorporated herein by this reference to form a part of this Agreement. 2. DEFINITIONS: a. "Board" shall mean Miami-Dade County's Board of County Commissioners. b. "Bridge" shall mean an elevated pedestrian bridge over Harriet Tubman Highway and Biscayne Boulevard from the east side of Biscayne Boulevard to the Land and providing access to the Platform. The Bridge shall consist of a segment from Page 4 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County the Platform to Virgin Train's planned passenger rail station to be located on the Land (the "West Side Bridge"), and may consist of a second segment (the "East Side Bridge") providing pedestrian access from the Platform across Biscayne Boulevard at or near NE 197th Street to either an outparcel of the Aventura Mall or to the adjacent right-of-way. c. "East Side Bridge" shall have the meaning set forth in the definition of"Bridge." d. "Effective Date" shall mean the date written on the first page of this Agreement, and shall be the date that this Agreement is fully executed by all Parties including execution by the County Mayor or County Mayor's designee; such execution shall not occur until Board approval of this Agreement, which approval shall not be effective until the earlier of (i) the date the Mayor of Miami-Dade County indicates approval of such Board action, or (ii) the lapse of ten (10) days without the Mayor's veto. In the event that the County Mayor vetoes the Board approval, the Board approval shall not be effective in the absence of an override of the County Mayor's veto that shall be at the next regularly scheduled meeting of the Board after the veto occurs. e. "Land" shall mean two parcels of real property comprising approximately 3 acres of vacated, unimproved land (as of the date of this agreement) located at 19700 Harriet Tubman Highway and 19825 NE 26 Avenue, Unincorporated Miami-Dade County and with the following folio numbers: 30-2203-000-0070 and 30-2203-000- 0075. f. "Platform" shall mean the structure to be built by Brightline on land in the Florida East Coast Railway corridor adjacent to Virgin Train's tracks which will be used Page 5 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County by the Brightline as a queuing area in order to board and disembark passengers from its trains for its planned passenger rail service. g. "West Side Bridge" shall have the meaning set forth in the definition of"Bridge." 3. RESPONSIBILITIES OF CITY: a. Funding Contribution: The City agrees that it will disburse to the County funding, as provided by AMV and Seritage, in the amount of FOUR MILLION DOLLARS ($4,000,000.00)for the development of the East Side Bridge (the "Bridge Funds"). The disbursement of the Bridge Funds by the City to the County shall occur as follows: 3.a.1. Provided that the City has received such funds from AMV and Seritage, the City shall disburse ONE MILLION DOLLARS ($1,000,000.00) of the Bridge Funds to the County no later than thirty (30) calendar days after the Parties have executed this Agreement. Provided that the City has received such funds from AMV and Seritage, the City shall disburse the balance of the Bridge Funds, THREE MILLION DOLLARS ($3,000,000.00)to the County, no later than thirty (30) calendar days after the execution by Brightline, the County, or another third-party developer of a contract for the construction of the East Side Bridge. 3.a.2. The Parties acknowledge that the above-mentioned contract(s) which triggers the City's disbursement of the Bridge Funds may be a contract for the Bridge, so long as it includes the East Side Bridge segment, or a contract solely for the East Side Bridge. In the event that Brightline's obligations to develop the East Side Bridge and the County's obligation to fund the Page 6 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County construction of the East Side Bridge terminate pursuant to Section 6(c) of Land Acquisition and Development Agreement, then this Agreement shall terminate as well and the Bridge Funds shall be returned to the City. 3.a.3. The City shall incur no liability for any costs in excess of said funding amount as described above, unless there has been a duly authorized increase which is expressly approved by duly adopted Resolution of the City Commission. b. Obligation to Pursue Rights: The City shall diligently pursue all its rights under the Tripartite Transportation Contribution Agreement, including but not limited to enforcing the requirement in that agreement that AMV and Seritage must secure its respective funding commitment by a surety bond, escrow deposit or Letter of Credit or other form of security as described above at all times throughout the term of the Tripartite Contribution Agreement. In the event that the City does not successfully enforce its rights under the Tripartite Transportation Contribution Agreement concerning the funding commitment, and upon the County's request, the City shall assign its rights under that agreement to the County so that the County may directly seek such funds from AMV and Seritage. The City shall not amend the Tripartite Transportation Contribution Agreement with respect to AMV's and/or Seritage's obligations regarding the AMV's and Seritage's respective commitments to contribute funds to the City in an amount of TWO MILLION DOLLARS ($2,000,000) each, totaling FOUR MILLION DOLLARS ($4,000,000.00), to fund the Project without the County first consenting to such amendment. Page 7 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County c. Right-of-Way and Permitting: The City shall assist the County, and/or any contractor or third-party developer, in obtaining access to any right-of-way that is within the City's boundaries and is required to complete the construction of the Bridge, inclusive of the East Side Bridge segment. The City shall also assist the County, and/or any contractor or third-party developer, in any permitting or plan review necessary to construct the Bridge within the City boundaries. Notwithstanding the foregoing, to the extent any part of the East Side Bridge or Project extend into the City's jurisdiction, nothing herein shall be construed as a limitation on the City's building and permitting authority as may applicable pursuant to pertinent laws and regulations. 4. OPPORTUNITY FOR COMMENT ON CONCEPTUAL DRAWINGS: Provided that it does not cause a disruption or delay in the development of the Project, and provided that the City has begun disbursing the County the Bridge Funds in accordance with Section 3a above, upon the County receipt of the conceptual drawings for the East Side Bridge, the County shall provide said conceptual drawings to the City. The City shall have ten (10) days to provide any comments it may have, provided that the City shall at all times act reasonably in the making of comments. The County shall review the City's comments and shall at its sole discretion incorporate any City comments that the County deems appropriate and reasonable. Any comments which would result in the increase of the costs of construction, operation or maintenance of the East Side Bridge or the Project are not reasonable and will not be incorporated. This process between the County and the City shall repeat itself with 30% complete design and construction drawings and 90% design Page 8 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County plans. The City's failure to provide comments within the timeframe set out herein shall be deemed as though the City has no comments. For the avoidance of doubt: i) except for the review and comment provisions provided for in this section, this Agreement does not provide the City with the right to review or approve any design plans or construction drawings for the East Side Bridge or the Project, ii) the City waives any and all claims against the County based upon this section, and iii) the City agrees that failure of the County to provide any such plans to the City shall not cause a default of this Agreement. 5. COMPLIANCE WITH LAWS: The Parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to the Project. The Parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 6. INDEMNIFICATION: To the extent authorized by Florida law, the City hereby agrees to indemnify, defend, save and hold harmless the County to the extent of all the limitations included with Section 768.28, Florida Statutes, from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of or due to the breach of this Agreement by the City, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the County for its sole negligence or breach of contract. To the extent authorized by Florida law, the County hereby agrees to indemnify, defend, save and hold harmless the City to the extent of all the limitations included in Section 768.28, Florida Statutes, from all claims, demands, liabilities and suits of any Page 9 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County nature whatsoever arising out of, because of or due to the breach of this Agreement by the County, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the City for its sole negligence or breach of contract. 7. DISPUTE RESOLUTION, APPLICABLE LAW: The Parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami-Dade, Florida. Each Party will bear its own attorney's fees. 8. ENTIRE AGREEMENT, AMENDMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms contained herein shall be effective unless set forth in writing in accordance with this section. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Parties. The City Manager shall act for City hereunder. Page 10 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County 9. JOINT PREPARATION: The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties from the other. The Parties acknowledge that if there are any inconsistencies between the Land Acquisition and Development Agreement and this Agreement and/or any other third- party agreement, including any agreement between the City and Brightline, the terms of the Land Acquisition and Development Agreement control. 10. SEVERANCE: In the event a portion of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue to be effective unless the City or County elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) business days after the finding by the court becomes final. INTENTIONALLY LEFT BLANK Page 11 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County 11.NOTICES: Any and all notices required to be given under this Agreement shall be sent by first class mail, addressed as follows: To the County: Attention: Department of Transportation and Public Works c/o Director Miami-Dade County 701 NW 1 Court, Suite 1700 Miami, Florida 33136 (786) 469-5406 To the City: Attention: City Manager Aventura City Government Center 19200 W. Country Club Drive Aventura, FL 33180 (305) 466-8910 Intentionally Left Blank Page 12 of 13 City of Aventura—Interlocal Agreement with Miami-Dade County IN WITNESS WHEREOF, the Parties hereto set their hands and official seals the day and year first above written. ATTEST: MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF HARVEY RUVIN COUNTY COMMISSIONERS CLERK OF THE BOARD BY: BY: Deputy Clerk County Mayor or County Mayor's Designee Approved by County Attorney as to form and legal sufficiency: Assistant County Attorney ATTEST: CITY OF AVENTURA, a municipal corporation of the State of Florida BY: BY: Ellisa L. Horvath, MMC, City Clerk Ronald J. Wasson, City Manager (Affix City Sea[) Approved by City Attorney as to legal form and correctness: City Attorney Page 13 of 13 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C4-- DATE: October 1, 2021 SUBJECT: Disbursement of Police Federal Forfeiture Funds October 5, 2021 City Commission Meeting Agenda Item 5F RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Funds: "Motion authorizing the appropriation of up to$80,000.00 for police equipment from the Police Federal Forfeiture Funds in accordance with the City Manager's Memorandum". If you have any questions, please feel free to contact me. RJW/act Attachment CCO2016-21 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Bryan Pegues, Chief of Police DATE: October 1st, 2021 SUBJECT: Use of Federal Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of these monies for the purchase of: Police Department firearms and equipment - $80,000 Summary Firearms and duty related equipment — These items are essential for officers to perform their assigned duties and will replace our current inventory that is becoming inadequate for public purposes. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: October 1, 2021 SUBJECT: Ordinance Amending Chapter 36,Article II of the City's Police Officers' Retirement Plan in Accordance with Changes Contained in a Memorandum of Understanding Between the City and the Dade County Police Benevolent Association 1st Reading October 5, 2021 City Commission Meeting Agenda Item 6 2"1 Reading November 2, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended the City Commission adopt the attached Ordinance amending Chapter 36, Article II of the City's Police Officers' Retirement Plan (the "Plan") in accordance with changes contained in a Memorandum of Understanding ("MOU") between the City and the Dade County Police Benevolent Association (the "Union"). BACKGROUND The City and the Union recently agreed to a MOU wherein the parties agreed to amend the Plan to allow members to buy-back service credits for periods of law enforcement and correctional institution employment with a prior employer at no cost to Aventura. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2013-21 CITY OF AVENTURA ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; BY AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING 36-27 "BUY-BACK FOR MILITARY SERVICE" TO EXPAND BUY-BACK OF SERVICE CREDITS TO INCLUDE LAW ENFORCEMENT AND CORRECTIONAL OFFICER SERVICE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and WHEREAS, the City and the Dade County Police Benevolent Association (the "Union") recently tentatively agreed to a Memorandum of Understanding ("MOU")wherein the parties agreed to amend the Plan to permit its members to buy-back service credits for periods of law enforcement and correctional institution employment with a prior employer; and WHEREAS, the Plan should be amended to conform with the collectively bargained changes to the Plan as set forth in the MOU; and WHEREAS, prior to Second Reading of this Ordinance, the City Commission received and reviewed an actuarial impact statement concerning said changes and finds that it is in the best interest of the City and its employees to amend the Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Section 1. That each of the above-stated recitals are hereby adopted and confirmed. ' Words in sfFikee type are deletions from existing text and word in underline type are additions to existing text. City of Aventura Ordinance No. 2021- Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-22, "Definitions," of the City Code of Ordinances be amended as follows: Sec. 36-22. - Definitions. Buy-Back shall mean the purchase of credited service under the plan for periods of a member's prior active duty service in the Armed Forces of the United States, prior law enforcement service for an employer prior to being employed by the City of Aventura or prior correctional officer service for an employer prior to being employed by the City. Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-27, "Buy-back for military service,"of the City Code of Ordinances be amended as follows: Sec. 36-27. — Buy-back for military service, prior law enforcement or correctional officer service. (b) Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of public law enforcement employment with another employer, with a lifetime maximum of four (4) years of service credits, if: M The police officer's previous law enforcement experience was as a full time sworn law enforcement officer in the employ of a state, a political subdivision thereof, or with the federal government. For purposes of determining credit for prior service, in addition to service in this state, credit may be purchased for federal, other state, municipal or county service as long as such service is recognized by the Criminal Justice Standards and Training Commission within the Department of Law Enforcement as provided under F.S. ch. 943, or for time served with the Seminole or Miccosukee Tribes as a Florida police officer, or the member provides proof to the Board of Trustees that such service is equivalent to the service required to meet the definition of a police officer under F.S. $ 185.0206). Page 2 of 8 City of Aventura Ordinance No. 2021- The cost of prior service credit is paid, which shall be the full actuarial cost of all prior service credit purchased hereunder computed as a lump sum payment into the plan that would have occurred had the member been employed by the City of Aventura as a police officer, for the period of prior service credit purchased. A nonrefundable payment is made for the costs of all professional services (e.g., actuarial calculations) rendered to the Board and administrative costs in connection with the purchase of years of credited service. The buy-back request is made only once if followed by the purchase, and the purchase timely paid in full before retirement or entering the DROP, based on a lump sum or a required installment payoff schedule. Installment payments shall be made through a payroll deduction in accordance with Section 414(h) of the Internal Revenue Code. The payments shall be treated as tax-deferred picked up contributions. Contributions shall continue until death, disability or termination of service, whichever shall occur first. If the member cannot the pay the remainder balance upon separation, he shall have the option to receive either prorated credit for the service purchased to date or a refund of amounts already paid to date without any service credit. Any payoff schedule shall require the execution of an irrevocable authorization form specifying the amount of the Payment and the duration of the authorization. The specified amount shall be determined by the Alan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payment authorization, which duration shall not extend beyond the earliest date upon which the employee would become eligible for normal retirement under Section 36-26. The amount provided in the payment authorization shall include interest, as calculated by the Alan's actuary, at the retirement Alan's actuarially assumed rate of return on investments. Such service credit is counted as continuous service for purposes of benefit calculations, but not for purposes of vesting or eligibility for benefits under this Retirement Plan. (c) Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of correctional institution employment with another employer, with a lifetime maximum of four (4) years of service credits, if: Page 3 of 8 City of Aventura Ordinance No. 2021- M The police officer's previous correctional institution experience was as a full time correctional officer in the employ of the state, a political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution: however, the position must not have included any secretarial, clerical, or professionally trained personnel. The police officer's previous correctional institution experience was as a full-time state correctional probation officer whose Primary responsibility was the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. A correctional probation officer also includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level. For purposes of determining credit for prior service, in addition to service in this state, credit may be purchased for other state, municipal or county service as long as such service is equivalent to the service required to meet the definition of a correctional officer or correctional probation officer under F.S. $ 943.10(2) and 943.10(3), respectively. The cost of prior service credit is paid, which shall be the full actuarial cost of all prior service credit purchased hereunder computed as a lump sum payment into the plan that would have occurred had the member been employed by the City of Aventura as a police officer, for the period of prior service credit purchased. A nonrefundable payment is made for the costs of all professional services (e.g., actuarial calculations) rendered to the Board and administrative costs in connection with the purchase of years of credited service. The buy-back request is made only once if followed by the purchase, and the purchase timely paid in full before retirement Page 4 of 8 City of Aventura Ordinance No. 2021- or entering the DROP, based on a lump sum or a required installment payoff schedule. Installment payments shall be made through a payroll deduction in accordance with Section 414(h) of the Internal Revenue Code. The payments shall be treated as tax-deferred picked up contributions. Contributions shall continue until death, disability or termination of service, whichever shall occur first. If the member cannot the pay the remainder balance upon separation, he shall have the option to receive either prorated credit for the service purchased to date or a refund of amounts already paid to date without any service credit. Any payoff schedule shall require the execution of an irrevocable payroll deduction authorization form, specifying the amount of the deductions and the duration of the authorization. The specified amount shall be determined by the plan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payroll deduction authorization, which duration shall not extend beyond the earliest date upon which the employee would become eligible for normal retirement under Section 36-26. The amount provided in the Payroll deduction authorization shall include interest, as calculated by the Alan's actuary, at the retirement plan's actuarially assumed rate of return on investments. M Such service credit is counted as continuous service for purposes of benefit calculations, but not for purposes of vesting or eligibility for benefits under this Retirement Plan. M_Ld) A member who is receiving, or will receive the pension benefit for military service, prior law enforcement or correctional institution experience in any other pension plan supported by public funds, excluding a military pension, may not use that service for purchased prior service pursuant to this section for this Pension Plan-: provided, a member may make a direct transfer of eligible rollover distributions of all or any portion of the balance in another eligible retirement plan that is attributable to such other prior law enforcement or correctional institution experience to purchase additional service, in accordance with section 36- 27(e). The. , and shall execute a Board-provided form acknowledging the same. (e) The Plan fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of service as authorized under Section 36-27, as follows: Page 5 of 8 City of Aventura Ordinance No. 2021- (1) Direct rollovers or member rollover contributions from other plans. The fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 403(a) of the Internal Revenue Code, from an annuity contract described in section 403(b) of the Internal Revenue Code, or from an eligible plan under section 457(b) of the Internal Revenue Code, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. (2) Member rollover contributions from 401(a) plans and IRAs. The fund will accept a member rollover contribution of the portion of a distribution from a qualified plan described in section 401(a) of the Internal Revenue Code, or from an individual retirement account or annuity described in section 408(a) or 408(b) of the Internal Revenue Code, that is eligible to be rolled over. Section 4. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 5. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Section 6. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 7. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. Page 6 of 8 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 PASSED on first reading on this 5t" day of October, 2021. PASSED AND ADOPTED on second reading on this 2nd day of November, 2021. Page 7 of 8 City of Aventura Ordinance No. 2021 ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 8 of 8 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 7 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 Landman, who moved its adoption on first reading. This motion was seconded by Commissioner Evans 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 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 8A 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 Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Narotsky 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 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 8B 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 Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Narotsky 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 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. 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