11-02-2021 Local Planning Agency Meeting Agenda City Manager
City Coininission Ronald J.Wasson
Enid Weisman,Mayor •,+— — „;
Dr.Linda Marrs,Vice Mayor City Clerk
Jonathan Evans,Commissioner Ellllisa L.Horvath,MMC
Rachel S.Friedland,Commissioner
Denise Landman,Commissioner City Attorney
Marc Narotsky,Commissioner J �� Weiss Scrota Heltman
Robert Shelley,Commissioner e� C p�Q+�• Cole&Bierman
LOCAL PLANNING AGENCY
MEETING AGENDA
NOVEMBER 2, 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. APPROVAL OF MINUTES: September 23, 2021
4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY
RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura Local Planning Agency or 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.
CITY OF AVENTURA
LOCAL PLANNING AGENCY MEETING MINUTES
SEPTEMBER 23, 2021
9:00 A.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 9:04 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 led by Mayor Weisman.
3. APPROVAL OF MINUTES (July 13, 2021): A motion to approve the minutes of
the July 13, 2021 meeting was offered by Commissioner Shelley, seconded by
Commissioner Landman, and unanimously passed by roll call vote.
4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE
MAP DESIGNATION FOR A 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 to recommend adoption of the Ordinance was offered by Commissioner Evans
and seconded by Commissioner Landman.
' Participated via virtual communications media technology.
City of Aventura Local Planning Agency Meeting Minutes
September 23, 2021
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval of the FLUM amendment to the three parcels of land, as
indicated, to facilitate the rezoning of the property and the development of an office/mixed
use project.
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 public hearing. There being no speakers, the public hearing
was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
Mr. Meyers reviewed the quasi-judicial procedures for Items 4B and 4C and noted that
the staff report and any testimony provided for the items would be included in the record
by reference for the same items on the Commission Special Meeting Agenda.
Mrs. Horvath administered the oath to all those wishing to offer testimony on items 4B
and 4C.
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 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 to recommend adoption of the Ordinance was offered by Commissioner Shelley
and seconded by Commissioner Narotsky.
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval of the rezoning of three parcels of land, as indicated, to
facilitate the development of an office/mixed-use project.
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 expected decrease in traffic as a result of the live/work
concept, as explained by Mr. Klopp.
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City of Aventura Local Planning Agency Meeting Minutes
September 23, 2021
Mr. Meyers provided comments on home based business activities and regulations.
Mayor Weisman opened the public hearing. There being no speakers, the public hearing
was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
Mrs. Horvath read the following Ordinance title-
C. 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 to recommend adoption of the Ordinance was offered by Commissioner Shelley
and seconded by Commissioner Narotsky.
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval of the rezoning request for the two parcels of land, as
indicated, to facilitate the development of a mixed-use project.
The following provided comments on behalf of the Applicant (Jasmin Investments, LLC):
Brian Adler, Esq. — Bilzin Sumberg Baena Price & Axelrod LLP (1450 Brickell Avenue,
Suite 2300, Miami, FL).
The Commission discussed the item and the rezoning procedures.
Mayor Weisman opened the public hearing. There being no speakers, the public hearing
was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Landman, seconded
by Commissioner Narotsky, and unanimously passed; thereby, adjourning the meeting at
9:39 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on November 2, 2021.
Page 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson (9L
City Manager
BY: Keven Klopp/�w
Community Development Director
DATE: October 29, 2021
SUBJECT: Property Rights Element — Comprehensive Plan Amendment
November 2, 2021 Local Planning Agency Meeting Agenda Item 4
1It Reading November 2, 2021 City Commission Meeting Agenda Item 8A
2"1 Reading January 4, 2022 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the Local Planning Agency recommend approval of and the City
Commission adopt the attached Ordinance amending the City's Comprehensive Plan.
The addition of a Property Rights Element is now required pursuant to Section
163.3177(6)(i)2, Florida Statutes.
BACKGROUND
During the 2021 Legislative Session, the State Legislature passed CS/CS/SB 496, which
requires municipalities to include a property rights element in their comprehensive plans.
Such element must set forth certain private property rights that the municipality will
consider in its decision-making processes related to planning and development.
The City's proposed Property Rights Element includes the required information set forth
in the statute.
CITY OF AVENTURA ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A
PROPERTY RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, during the 2021 Legislative Session, the State Legislature passed
CS/CS/SB 496, which, among other things, created a new requirement in Section
163.3177(6), Florida Statutes (2021) (the "Statute") that each local government include in
its comprehensive plan a "property rights element to ensure that private property rights
are considered in local decision making;" and
WHEREAS, the Statute provides that local governments "must adopt a property
rights element in its comprehensive plan by the earlier of the date of its adoption of its
next proposed plan amendment that is initiated after July 1, 2021, or the date of the next
scheduled evaluation and appraisal of its comprehensive plan pursuant to s.163.3191;"
and
WHEREAS, in compliance with state law, the City Commission desires to amend
the City Comprehensive Plan to include a property rights element in the form prescribed
by the Statute; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law, for the proposed Comprehensive Plan amendment; and
WHEREAS, on November 2, 2021, the City Commission, sitting in its capacity as
the Local Planning Agency, reviewed this Ordinance and recommended approval to the
City Commission; and
WHEREAS, the City Commission believes it is in the best interest of the public to
approve this Ordinance.
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 Amendment. That the City Comprehensive Plan
is amended to include the following:
City of Aventura Ordinance No. 2022-
The City of Aventura Comprehensive Plan
Property Rights Element
Goal
The City of Aventura will make planning and development decisions with respect for
Property rights and with respect for people's rights to participate in decisions that affect
their lives and property.
Obiective 1
The City of Aventura will respect judicially acknowledged and constitutionally protected
Private property rights.
Policy 1.1
The City of Aventura will consider in its decision-making the right of a property owner to
Physically possess and control his or her interests in the property, including easements,
leases, or mineral rights.
Policy 1.2
The City of Aventura will consider in its decision-making the right of a property owner to
use, maintain, develop, and improve his or her property for personal use or for the use of
any other person, subject to state law and local ordinances.
Policy 1.3
The City of Aventura will consider in its decision-making the right of the property owner
to privacy and to exclude others from the property to protect the owner's possessions and
Property.
Policy 1.4
The City of Aventura will consider in its decision-making the right of a property owner to
dispose of his or her property through sale or gift.
Section 3. 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.
Section 4. Transmittal. That the City staff is authorized to transmit copies of
the Ordinance to the Florida Department of Economic Opportunity (DEO), and all other
units of local government and governmental agencies as required by Florida law for
review and comment, after a vote on first reading of this Ordinance.
Section 5. 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
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City of Aventura Ordinance No. 2022-
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 6. Conflicts. All ordinances or parts of ordinances, resolution or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 7. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective date
of the comprehensive plan amendments approved by this Ordinance shall be the date a
final order is issued by the Florida Department of Economic Opportunity or Administrative
Commission finding the plan amendments in compliance in accordance with Section
163.3184, Florida Statutes, whichever occurs earlier. The Florida Department of
Economic Opportunity notice of intent to find the plan amendments in compliance shall
be deemed to be the final order if no timely petition challenging the plan amendment is
filed.
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
Page 3 of 4
City of Aventura Ordinance No. 2022-
PASSED on first reading this 2nd day of November, 2021.
PASSED AND ADOPTED on second reading this 4t" day of January, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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