02-01-2022 Regular Commission Meeting Agenda City Manager
City ConHnission Ronald J.Wasson
Enid Weisman,Mayor
Rachel S.Friedland,Vice Mayor City Clerk
Jonathan Evans,Commissioner Ellisa L.Horvath,MMC
Denise Landman,Commissioner
Dr.Linda Marlys,Commissioner City Attorney
Marc Narotsky,Commissioner C, Weiss Scrota Heifman
Robert Shelley,Con-unissioner Cole&Bierman
CITY COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 1, 2022
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
• Certificates of Appointment—Arts & Cultural Center Advisory Board
• 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:
• January 4, 2022 City Commission Regular Meeting
• January 20, 2022 Commission Regular Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA,OFFICE OF THE STATE ATTORNEY
FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE
STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN
CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Aventura City Commission Regular Meeting Agenda
February 1, 2022
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR THE
REMAINDER OF A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000.00 FOR
OFFICE FURNITURE FOR A NEW BUILD OUT FROM THE POLICE FEDERAL
FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, IMPLEMENTING A ROTATION SCHEDULE FOR THE SELECTION
OF A VICE MAYOR ON A SEMI-ANNUAL BASIS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE SPENDING PLAN PREPARED BY THE CITY
MANAGER FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL
FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY
UNDER THE AMERICAN RESCUE PLAN ACT (ARPA); DIRECTING THE CITY
MANAGER TO UTILIZE RECOVERY FUNDS TO RETAIN A PROJECT
CONSULTANT TO OVERSEE THE IMPLEMENTATION OF AN ENHANCED
INFORMATION TECHNOLOGIES NETWORK; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING A CONVERSION PLAN TO PHASE IN ON-DEMAND
TRANSPORTATION SERVICES BY EXPANDING THE SCOPE OF SERVICE TO
ENCOMPASS THE ENTIRE CITY; AUTHORIZING THE CITY MANAGER TO
PURCHASE ADDITIONAL VEHICLES FROM FREEBEE LLC, THE CURRENT
VENDOR, AS PART OF PHASE ONE OF THE CONVERSION PLAN; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that
the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon the item,please
inform the Mayor when she requests public comments. An opportunity for persons to speak on the item will be made available
after the applicant and staff have made their presentations on the item. All testimony, including public testimony and evidence,
will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be
permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their
behalf Persons representing organizations must present evidence of their authority to speak for the organization. Further details
of the quasi-judicial procedures may be obtained from the Clerk.
RESOLUTIONS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING A SIGN VARIANCE FROM SECTION 31-191(J)(7) OF
THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS) TO PERMIT
SEVEN (7) DIRECTIONAL SIGNS, MEASURING SIX FEET (6) IN HEIGHT
AND SEVENTEEN (17) SQUARE FEET IN SIGN AREA, WHERE THE LDRS
PERMIT DIRECTIONAL SIGNS TO BE A MAXIMUM OF THREE FEET(3)IN
HEIGHT AND FOUR(4) SQUARE FEET IN SIGN AREA, ON THE AVENTURA
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Aventura City Commission Regular Meeting Agenda
February 1, 2022
HOSPITAL AND MEDICAL CENTER CAMPUS LOCATED AT 20900
BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING APPROVAL OF VARIANCES FROM SECTION 31-147
OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS) TO PERMIT
A REAR SETBACK OF SIX FEET AND ONE INCH (6'1") AND A FRONT
SETBACK OF TWENTY-THREE FEET AND TWO INCHES (23'2'), WHERE
THE LDRS REQUIRE A TEN FOOT (10) REAR SETBACK AND A TWENTY-
FIVE FOOT(25')FRONT SETBACK,TO FACILITATE CONSTRUCTION OF A
GUARDHOUSE AND ENCLOSED PATIO AREA LOCATED AT 19275 MYSTIC
POINT DRIVE, CITY OF AVENTURA;AND PROVIDING FOR AN EFFECTIVE
DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE
SALE OF ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION AT
AN INDOOR COCKTAIL BARILOUNGE AREA WITHIN MISTER Ol PIZZA
RESTAURANT LOCATED AT 2980 NE 207 STREET, SUITE 109,IN THE CITY
OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE.
7. ORDINANCES — FIRST READING/PUBLIC INPUT: None.
8. ORDINANCES — SECOND READING/PUBLIC HEARINGS:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS
REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY
AMENDING SECTION 18-42 "TAX SCHEDULE"; BY PROVIDING AN
INCREASE OF FIVE (5%) PERCENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF THE
CITY CODE,BY CREATING CITY CODE SECTION 2-3"CRIMINAL HISTORY
RECORDS CHECKS FOR NEW SPECIFIED CITY EMPLOYEES"; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,REPEALING AND
REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT,"
OF THE CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN
MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Agenda
February 1, 2022
9. RESOLUTION/PUBLIC INPUT:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,EXPRESSING SUPPORT FOR SENATE BILL 476 AND HOUSE BILL 297
WHICH WOULD PROVIDE PENALTIES FOR AGGRESSIVE CARELESS DRIVING
RESULTING IN SERIOUS BODILY INJURY OR DEATH AND PROPERTY
DAMAGE; URGING THE FLORIDA LEGISLATURE AND GOVERNOR RON
DESANTIS TO SUPPORT AND APPROVE THE LEGISLATION; DIRECTING THE
CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
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—FEBRUARY 17,2022 AT 9 AM
COMMISSION REGULAR MEETING—MARCH 1,2022 AT 6 PM
COMMISSION REGULAR WORKSHOP—MARCH 15, 2022 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.
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CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: January 28, 2022
SUBJECT: Approval of Minutes
February 1, 2022 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 January.
BACKGROUND
Meetings were held and minutes have been provided for Commission approval for the
following:
• January 4, 2022 City Commission Regular Meeting
• January 20, 2022 City Commission Regular Workshop Meeting
Should you have any questions, please contact me.
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
JANUARY 4, 2022
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 6.02 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Rachel S. Friedland', Commissioner Denise Landman,
Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert
Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney
Robert Meyers. Commissioner Jonathan Evans was absent. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Ethan Bazak.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Item 5J
was deleted from the agenda, as requested by Mr. Wasson.
4. SPECIAL PRESENTATIONS:
• Employee Service Awards: None.
• 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 Liana Safdie, provided a brief report on DSAHS.
A letter from the Commission will be sent to all teachers at the schools thanking them for
their efforts during this time.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Mr. Wasson requested the removal of Items 5F and 5K. Mayor Weisman requested that
at least 24-hour notice be given by Commissioners to the City Manager for items to be
removed from the agenda.
' Participated via virtual communications media technology.
Aventura City Commission Regular Meeting Minutes
January 4, 2022
A motion to approve the remaining items on the Consent Agenda (excluding F, J, and K)
was offered by Commissioner Shelley, seconded by Commissioner Landman, and
passed unanimously by roll call vote. The following action was taken:
A. Minutes approved as follows:
• November 2, 2021 City Commission Regular Meeting
• November 4, 2021 City Commission Regular Workshop Meeting
B. Resolution No. 2022-01 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN ADDENDUM TO THE CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD
L. BOOK, P.A.; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2022-02 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 22-11-02-
3, AVENTURA HIGH SCHOOL MARQUEE SIGN, TO TIGO, INC. DBA EXPOSE
YOURSELF AT THE BID PRICE OF $99,900.00; 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.
D. Resolution No. 2022-03 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE
MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY
BOARD FOR A ONE-YEAR TERM;AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2022-04 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, DESIGNATING PUBLIC WORKS EMPLOYEES AS FIRST
RESPONDERS AS FEDERALLY MANDATED; AUTHORIZING THE USE OF THE
PUBLIC WORKS RESPONDER SYMBOL AS ADOPTED BY THE NATIONAL
PUBLIC WORKS ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
F. Removed for discussion:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF
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January 4, 2022
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.
G. Resolution No. 2022-06 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THIRD AMENDMENT TO AGREEMENTS (THE
"AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS
BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS,INC.;
AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL
ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
H. Resolution No. 2022-07 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE DISSOLUTION OF THE DON SOFFER AVENTURA
HIGH SCHOOL FOUNDATION; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
I. Motion approved as follows:
MOTION TO APPROVE THE RESURFACING OF 183RD STREET BETWEEN
BISCAYNE BOULEVARD AND NE 31s` AVENUE, AT A COST NOT TO EXCEED
$170,000 DOLLARS,UTILIZING THE SERVICES OF THE MIAMI-DADE COUNTY
WATER AND SEWER PROJECT CONTRACTOR PABON ENGINEERING INC.
J. Deleted from the Agenda:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISIONERS TO UPHOLD THE RECOMMENDATIONS OF COUNTY STAFF
AND DENY AND NOT TRANSMIT CDMP AMENDMENT APPLICATION
CDMP20210003; AND PROVIDING FOR AN EFFECTIVE DATE.
K. Removed for discussion:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID
SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY
REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
Item 5F: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF
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Aventura City Commission Regular Meeting Minutes
January 4, 2022
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.
A motion to approve the Resolution was offered by Commissioner Shelley and seconded
by Commissioner Landman.
Mr. Wasson provided remarks on complying with the request to mark the exhibit referred
to in the resolution, as commented on by Commissioner Dr. Marks.
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. 2022-05 was adopted.
Item 5K: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID
SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY
REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Narotsky.
Mr. Wasson provided remarks on complying with the request to include and mark the
exhibit referred to in the resolution, as commented on by Commissioner Dr. Marks. The
exhibit was distributed, reviewed, and included as part of the resolution.
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. 2022-08 was adopted.
6. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers
reviewed the quasi-judicial procedures for Items 6A and 613.
Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 6A
and 613.
RESOLUTIONS:
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January 4, 2022
Mrs. Horvath read the following Resolution title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-145(E) OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A
HEIGHT OF 21 STORIES FOR A MULTIFAMILY RESIDENTIAL BUILDING AND
15 STORIES FOR AN OFFICE BUILDING,WHERE THE CITY CODE PERMITS 10
STORIES, AND TO PERMIT 5 STORIES FOR A RESIDENTIAL BUILDING IN A
BUFFER ZONE, WHERE THE CITY CODE PERMITS 4 STORIES; (2) FOR
PROPOSED LIVE/WORK UNITS, WHERE THE CITY CODE OTHERWISE
ALLOWS UNITS TO BE EITHER COMMERCIAL OR RESIDENTIAL, BUT NOT
BOTH; AND (3) TO PERMIT 1,735 PARKING SPACES, WHERE 1,891 SPACES IS
REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801 —
20807 BISCAYNE BLVD.; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution 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 to facilitate development of a mixed-use residential, office,
and retail property, and reviewed the item.
The following provided comments on behalf of the Applicant (Bercow Radell Fernandez
Larkin & Tapanes on behalf of owners Aventura Opportunity Owner, LLC and Norwich
Aventura): Jeffrey Bercow, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC
(200 S. Biscayne Blvd. Suite 300, Miami), Tim Plummer, Traffic Engineer - David
Plummer & Associates (1750 Ponce de Leon Blvd., Coral Gables), and Jeffrey Davis -
Columbus Square Management (792 Columbus Avenue, Suite 1 E, New York).
It was clarified that the City was currently reviewing the traffic impact study and additional
improvement requirements may be imposed to be addressed by the Applicant.
The Commission discussed the item and the following conditions were agreed to be
included under Section 3 of the Resolution:
• Added to Condition 3: To the maximum extent practicable, Applicant shall
undertake due diligence, good faith efforts to obtain approval for and initiate
construction of changes to this intersection prior to or concurrently with the
initiation of the first on-site construction.
• In Place of Condition 4: Contribution toward the expansion of the City's Freebee
circulator service (or similar City sponsored transportation service) in the amount
of$72,000 per year for five (5)years with the first payment due before the issuance
of the first permit for the project or by September 30, 2022, whichever is earlier,
with each of the following annual payments due on the anniversary date of the first
payment.
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January 4, 2022
• Added as Condition 5: Applicant shall provide a construction phasing plan prior to
receiving administrative site plan approval and shall provide updates to such
phasing plan prior to or concurrently with the submittal of any permit applications
that would alter the phasing plan.
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, with the added/amended conditions, passed
unanimously by roll call vote and Resolution No. 2022-09 was adopted.
Mrs. Horvath read the following Resolution title-
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-143(F)(2A)(D) OF THE CITY CODE OF ORDINANCES, TO PERMIT
(1)A FLOOR AREA RATIO OF 2.85,WHERE THE CITY CODE PERMITS 2.0,AND
(2) LOT COVERAGE OF 53%,WHERE THE CITY CODE PERMITS A MAXIMUM
LOT COVERAGE OF 40%, FOR AN ASSISTED LIVING FACILITY TO BE
CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM
LOCATED AT THE SOUTHEAST CORNER OF YACHT CLUB WAY AND EAST
COUNTRY CLUB DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Landman.
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval to facilitate development of an assisted living facility known
as Belmont Village Senior Living Aventura, and reviewed the item including a response
to concerns received regarding traffic capacity on Yacht Club Way. Mr. Klopp disclosed
two administrative minor variances that the Applicant will be requesting from the City
Manager for 1) shadow in a landscape bed and 2) balconies in a setback. He corrected
a scrivener's error to the condition listed in Section 3-3c to read the existing developments
to the east of the proposed ALF. He also discussed the need for a full traffic analysis and
mitigation requirements if the item is approved.
Mayor Weisman disclosed the following ex-parte communications on the item: driving the
property at the request of resident Marjorie Rosenblatt and receiving close to 200 letters
about the project detailing resident concerns.
Commissioner Narotsky disclosed visiting the Belmont facility in Fort Lauderdale and
hearing from the community.
The following provided comments on behalf of the Applicant (Bercow Radell Fernandez
Larkin &Tapanes on behalf of owners Parcel U / SR-1 Trust LLC): Michael Marrero, Esq.
— Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300,
Miami), Ram Krishnan - Corwil Architects (4210 Laguna Street, Coral Gables), Tim
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Aventura City Commission Regular Meeting Minutes
January 4, 2022
Plummer, Traffic Engineer - David Plummer & Associates (1750 Ponce de Leon Blvd.,
Coral Gables), and Robert Mann - Belmont Village (7660 Woodway Drive, Houston,
Texas).
The Commission discussed the item including the following: encouragement of LEED
platinum certification, use allowed by right, land owners giving the City property to build
streets years ago creating the need for the two conditional use approval items they are
now requesting, cost reduction program for Aventura residents that can't meet financial
requirements, and impact mitigation.
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Stephen Grundstein (3600
Mystic Pointe Drive, Aventura), Leo Sushner(3600 Mystic Pointe Drive#1712, Aventura),
Laura Defina (3600 Mystic Pointe Drive #1708, Aventura), Tony Tedesco (19101 Mystic
Pointe Drive #2903, Aventura), Marjorie Rosenblatt (19101 Mystic Pointe Drive #2301,
Aventura), Morris Matalon (19667 Turnberry Way, Aventura), and Barry David Silverstein
(Aventura).
There being no additional comments, Mayor Weisman closed the public hearing.
The motion for approval of the Resolution, with the correction of the scrivener's error as
noted, passed unanimously, by roll call vote and Resolution No. 2022-10 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC HEARINGS:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE H "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS
REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY AMENDING
SECTION 18-42"TAX SCHEDULE";BY PROVIDING AN INCREASE OF FIVE(5%)
PERCENT; PROVIDING FOR SEVERABILITY; 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 Shelley and
seconded by Commissioner Landman.
Mr. Wasson reviewed the item and explained that the rates had not been raised for 13
years.
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 (5-1), by roll call vote.
Mrs. Horvath read the following Ordinance title:
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B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY
CODE, BY CREATING CITY CODE SECTION 2-3 "CRIMINAL HISTORY
RECORDS CHECKS FOR NEW SPECIFIED CITY EMPLOYEES"; PROVIDING
FOR SEVERABILITY;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 Shelley and
seconded by Commissioner Landman.
Mr. Wasson reviewed the item and recommended approval.
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-
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING AND
REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT," OF
THE CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN
MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT REGULATIONS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN CODE;AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Landman.
Mr. Wasson reviewed the item.
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Marjorie Rosenblatt (19101
Mystic Pointe Drive #2301, Aventura).
There being no additional comments, Mayor Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read
the following Ordinance title:
A. 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.
Page 8 of 10
Aventura City Commission Regular Meeting Minutes
January 4, 2022
Mr. Wasson requested that the item be deferred to a future date. Mr. Meyers explained
the Commission's options.
A motion to defer the item to a future date was offered by Commissioner Dr. Marks and
seconded by Commissioner Shelley.
The motion to defer the Ordinance passed unanimously, by roll call vote.
Mrs. Horvath read the following Ordinance title-
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND
TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE RETIREMENT
BENEFIT" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO
CERTAIN RETIRED MEMBERS WHO RETURN OR TRANSFER TO
EMPLOYMENT BY THE CITY IN A DEPARTMENT OR POSITION OUTSIDE THE
POLICE DEPARTMENT;AMENDING SECTION 36-35,DEFERRED RETIREMENT
OPTION PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and
seconded by Commissioner Landman.
Mr. Wasson reviewed the item and recommended approval.
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. 2022-01 was adopted.
Mrs. Horvath read the following Ordinance title-
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE
2020/2021 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN
EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Shelley.
Mr. Wasson reviewed the item and recommended approval.
Page 9 of 10
Aventura City Commission Regular Meeting Minutes
January 4, 2022
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. 2022-02 was adopted.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS: None.
11. PUBLIC COMMENTS: The following members of the public provided comments:
Cindy Orlinsky (20051 NE 37t" Court, Aventura) and Stacey Levy — Ellie's Army
Foundation (1051 NE 93 Street, Miami Shores).
12. OTHER BUSINESS: None.
13. 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 8:35
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 1, 2022.
Page 10 of 10
Wy.. .pmv 14
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L
AVENTURA CITY COMMISSION
REGULAR WORKSHOP MEETING MINUTES
JANUARY 20, 2022
9:00 a.m.
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 9:06 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Rachel S.
Friedland, Commissioner Denise Landman', Commissioner Dr. Linda Marks,
Commissioner Marc Narotsky2, Commissioner Robert Shelley, City Manager Ronald J.
Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner
Jonathan Evans was absent. As a quorum was determined to be present, the meeting
commenced.
2. Discussion: Agreement to Reimburse the State for the Cost of State
Attorney Prosecution of Certain Criminal Violations (City Manager): Mr. Wasson
explained the agreement authorizing the State Attorney to prosecute certain criminal
violations as outlined in the agenda and requested consensus to proceed with placement
on a Commission agenda for approval.
City Manager Summary: It was the consensus of the City Commission to proceed
with the City Manager's recommendation through the placement of a resolution on the
next Commission Meeting Agenda.
3. Discussion: Selection of Replacements to the Arts & Cultural Center
Advisory Board Vacancies (City Manager): Mr. Wasson distributed and reviewed a
memo outlining the three vacancies on the Board and the recommended three new
members, in addition to two alternates.
Mr. Meyers reviewed the enabling ordinance allowing up to nine members and, as such,
recommended that all five recommendations be members, since no language was
provided allowing alternates.
City Manager Summary: It was the consensus of the City Commission to proceed
with the appointment of the five recommended members to the Board, for a total of nine
members, through the placement of a resolution on the next Commission Meeting
Agenda. Certificates of Appointment will be provided at that meeting.
' Participated via virtual communications media technology.
2 Participated via virtual communications media technology.
Aventura City Commission
Regular Workshop Meeting Minutes—January 20, 2022
Per the request of Mr. Wasson and consensus of the City Commission, Item 5 was taken
out order:
5. Discussion: Conversion Plan to On-Demand Transportation Service (City
Manager): Mr. Wasson introduced the item and provided a brief overview of the proposed
plan, as outlined in the agenda.
Evan Ross, Communications Consultant — Public Communicators Group, LLC, reviewed
a PowerPoint titled "City of Aventura 2022 Micro-Transit Plan" including the following
items: Phase 1; Introducing Freebee: Digital Plan, Social Media Ads, Information
Package, In-Person Events; and Phase 2.
Jason Spiegel, Managing Partner — Freebee, responded to questions from the
Commission regarding handicap accessibility, accommodating senior citizens, and
order/delivery times for the vehicles and buses.
The Commission discussed the following: transition process from the circulator bus
system, size of the vehicles versus the buses, driveway pick up, overhead shelter for pick
up areas, increasing the number of buses, review of the wait times, an analysis during
the transition period before removing the circulator shuttle buses, providing car seats &
boosters for children, importance of the education campaign and providing it in both
English and Spanish, data for the shuttle buses, creative ways of funding, use of the
transportation tax, cost for traffic consultant to analyze ridership, increasing the font size
on the signage, and reviewing the data monthly.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wasson to proceed with Phase 1 of the Conversion Plan as reviewed, including the
ordering of four Tesla Model X vehicles, while continuing to monitor the data. Additionally,
consensus was given to order two electric buses, due to the lengthy order/delivery time.
This item will be placed on the next Commission Meeting Agenda for approval.
4. Discussion: American Rescue Plan Funding (City Manager): Mr. Wasson
introduced the item and provided a brief overview.
Melissa Cruz, Finance Director, reviewed a PowerPoint titled "City of Aventura American
Rescue Plan Act — Coronavirus State and Local Fiscal Recovery Funds (SLFRF)
Commission Workshop" dated January 20, 2022 covering the following items: American
Rescue Plan Act; Four Key Eligible Use Categories; 1) Public Sector Revenue— Replace
Revenue Loss; 2) Public Health and Economic Response; 3) Provide Premium Pay for
Essential Employees; 4) Water, Sewer and Broadband Infrastructure; Program
Restrictions on Use; Proposed Projects Summary; Proposed Projects Detail — IT
Department; Proposed Projects Detail — Parks and Recreation Department; Proposed
Projects Detail — HR, Community Development, Police and Public Works Departments;
and Questions/Comments.
Mr. Wasson reviewed the proposed project summary and details.
Page 2 of 3
Aventura City Commission
Regular Workshop Meeting Minutes—January 20, 2022
The Commission discussed the proposed plan including the following items: hiring an IT
Consultant for the review and implementation of the proposed items, basketball courts,
premium pay, increasing the amount of the tot lot relocation, pickleball courts, and high
school parking spaces for students.
Karen Lanke, IT Director, and Michael Bentolila, Police Chief, provided comments.
City Manager Summary: It was the consensus of the City Commission to proceed
with the proposed spending plan as reviewed and discussed. This item will be placed on
the next Commission Meeting Agenda for approval.
6. Discussion: Selection of Vice Mayor Rotation (City Manager): Mr. Wasson
distributed the list of Vice Mayors since the incorporation of the City, along with their
associated seat numbers.
City Manager Summary: It was the consensus of the City Commission to proceed
with the placement of a resolution on the next Commission Meeting Agenda outlining the
rotation of the seat numbers in the following rotation: 6, 3, 4, 1, 5, and 2, with a process
to follow should a Commissioner be unable to serve.
7. Discussion: Aventura Strong Community Proiect (Commissioner Dr. Linda
Marks): Commissioner Dr. Marks requested that the City Commission consider a
community project through the disbursement of glass "strength" stones to those dealing
with challenges.
City Manager Summary: It was the consensus of the City Commission to
proceed with the project as presented at a cost of$3,000 and to authorize Commissioner
Dr. Marks to work with Mr. Wasson and the Youth Advisory Board and/or the Community
Services Advisory Board, as necessary, to develop a plan.
The following additional items were discussed:
The Commission discussed an article in the newspaper regarding the legislature in
Tallahassee and the effects certain legislation has on the home rule of municipalities.
8. Adiournment: There being no further business to come before the Commission,
the meeting was adjourned by consensus at 11:37 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 1, 2022.
Page 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson City Manager
er
DATE: January 28, 2022
SUBJECT: Resolution Authorizing the City Manager to Execute an Agreement
Between the City and the State of Florida, Office of the State Attorney
to Reimburse the State for the Cost of State Attorney Prosecution of
Certain Criminal Violations of the City Code
February 1, 2022 City Commission Meeting Agenda Item 5B
RECOMMENDATION
As discussed at the January 20, 2022, City Commission Workshop Meeting, it is
recommended that the City Commission adopt the attached Resolution authorizing the
City Manager to execute an Agreement between the City and the State of Florida's State
Attorney to reimburse the State for the cost of of prosecution of certain criminal violations.
BACKGROUND
Legislation passed in 2004 revising Sections 27.02 and 27.34 of the Florida Statutes
authorizing the State Attorney to prosecute certain criminal violations when the State
Attorney contracts with the City for reimbursement.
The Agreement would authorize the City to remit to the State Attorney the required funds
in reimbursement for costs associated with the prosecution of violations at a rate of fifty
dollars ($50) per hour for the period of October 1, 2021 through September 30, 2022.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO2034-22
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA,
OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL
CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST
OF STATE ATTORNEY PROSECUTIONS OF CERTAIN CRIMINAL
VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
the Agreement attached hereto between the City of Aventura and the State of Florida,
Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to reimburse the
State for the cost of State Attorney prosecutions of certain criminal violations of the City
Code.
Section 2. The City Manager is authorized to do all things necessary to carry out
the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED on this 1st day of February, 2022.
City of Aventura Resolution No. 2022-
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E.R.GRAHAM BUILDING
1350 N.W. 12TH AVENUE
MIAMI,FLORIDA 33 136-2 1 1 1
KATHERINE FERNANDEZ TRUNDLE TELEPHONE(305)547-0100
STATE ATTORNEY www.mianiiSAO.com
December 14, 2021
Mr. Ronald Wasson
City Manager
City of Aventura
19200 W. Country Club Drive
Aventura FL 33180
Dear Mr. Wasson:
Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution
provides that the State Attorney may prosecute municipal ordinances only if (1) the ordinance
violation is ancillary to a felony prosecution (s. 27.02(1), Florida Statutes), or (2) the
county/municipality has entered into a contract with the State Attorney for these prosecutions (s.
27.34(1), Florida Statutes).
Enclosed please find the following:
1. Proposed agreement for the prosecution of ordinance violations for the period of
October 1, 2021 — September 30, 2022. Please sign three originals and return to this
office as soon as possible. If you desire to make changes to the contract and want an
electronic version of this document, please contact me at donihomamiamisao.com
and I will forward you a copy. This contract is for the prosecution of ordinances only;
the State Attorney's Office has no statutory authority to handle appeals relating to the
constitutionality of ordinances. If you choose to not have the Office of the State
Attorney prosecute municipal ordinance violations in accordance with sections 4 &5
of Chapter 2004-265, Laws of Florida, you are requested to send a letter to that effect
to the above address as soon as possible.
2. Billing for ordinance violations for your jurisdiction for the period of July I —
September 30, 2021. The billing reflects data from the Clerk of the Co 's database,
which list ordinance violations for which the county/municipality is being charged a
filing fee pursuant to s.27.34(1), Florida Statutes.
3 2W
OFnCF-OF TH5
CITY MANAGEFt
Please Recycle
Mr. Ronald Wasson
Page 2
You are being billed at the statutorily prescribed rate of$50 per hour. Our estimate is that,
on average,it takes approximately 20 minutes per case;therefore,you are being charged at the rate
of$16.67 per case. The total amount due can be found at the end of this letter. Please note that
this is the charge for ordinance prosecution only. Pursuant to state law,there are separate charges
for indigent defense from the Public Defender and filing fees from the Clerk of the Court.
You are requested to review the invoice when you receive it. Please note items that you
dispute, deduct their cost, and remit the remainder payable to the State of Florida to:
Fiscal Division
Office of the State Attorney
E. R. Graham Building
1350 N.W. 12 lh Avenue
Miami, FL 33136-2111
Any items under dispute will be reviewed by our staff and re-invoiced in the following
quarter if necessary.
If you have any questions about the procedures discussed above, or the contract,please do
not hesitate to contact me at 305-547-0564.
Number of Cases: I
Total Cost: $ 16.67
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State Attorney
By: It91111-
V'F
Don L. Horn
Chief Assistant for Administration
DLH:cj
Enclosure
Please Recycle
AGREEMENT BETWEEN CITY OF AVENTURA AND THE STATE OF
FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE
STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF
CERTAIN CRIMINAL VIOLATIONS OF THE
CODE
This agreement is entered into this day of 2021, by and
between City of Aventura, a political subdivision of the State of Florida(hereinafter referred to as
the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida
(hereinafter referred to as "State Attorney").
WHEREAS, the City finds that in order to maintain and improve the health, safety, and
welfare of this community, it is necessary to adequately enforce and prosecute violations of the
City's Municipal Code; and
WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute
municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if
not ancillary to state prosecution, when the State Attorney contracts with the City for
reimbursement.
NOW, THEREFORE, the par-ties hereto agree as follows:
ARTICLE I
Services
The State Attorney agrees to prosecute municipal ordinance violations as authorized in
Sections 27.02,and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined
in Article III of this agreement, to the State Attorney the required funds to reimburse for costs
associated with the prosecution of violations of the Municipal Code for the period of October 1,
2021 through September 30,2022. The State Attorney shall provide such clerical and professional
personnel as may be required for the performance of any of the functions of the State Attorney as
set forth in this agreement. This agreement does not commit the City to pay for the prosecution of
Municipal Code violations ancillary to state prosecution or for the prosecution of municipal
ordinance violations not punishable by incarceration. This agreement specifically does not
authorize the State to handle appeals of municipal ordinances on constitutional grounds, which
shall remain the responsibility of the municipality that passed the ordinance.
ARTICLE 11
Terms
This agreement shall expire on September 30, 2022, unless terminated earlier pursuant to
Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend
this agreement beyond this date. This agreement may only be amended in writing, through a
document executed by duly authorized representatives of the signatories to this agreement.
ARTICILEJ III
Pament Schedule
The City agrees to reimburse the State Attorney on an hourly basis for services rendered at
a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the
City with an invoice including, but not limited to,the hours of services rendered, number of cases
prosecuted as set forth in this agreement, and the total amount due for payment for the previous
month. The City shall remit each payment within ten (10) days after receiving said invoice from
the State Attorney.
ARTICLE IV
Responsibilities
The City does not delegate any of its responsibilities or powers to the State Attorney other
than those enumerated in this agreement. The State Attorney does not delegate any of its
responsibilities or powers to the City other than those enumerated in this agreement.
ARTICLE V
orti
All required reports shall be submitted to the
ARTICLE VI
Indemnification
It is expressly understood and intended that the State Attorney is only a recipient of the
reimbursements paid by the City and is not an agent of the City. The respective parties agree,
subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other
harmless from any claims arising from this agreement.
ARTICLE V11
Termination
Either party may terminate this agreement at any time with or without cause by furnishing
written notice to the other party with no less than ninety (90) days notice.
ARTICLE V111
Service Charges
This agreement is contingent upon all City funding provided, and any interest earned
thereon, not being subject to any State service charges or administrative assessments.
ARTICLE IX
Non-Discrimination
The State Attorney agrees to abide and be governed by Title 11 of the Americans with
Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title
Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be
discrimination of race,color,sex,religious background,ancestry, or national origin in performance
of this contract, in regard to persons served, or in regard to employees or applicants for
employment and it is expressly understood that upon receipt of evidence of discrimination, the
City shall have the right to terminate said agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first above written.
ATTEST:
NAME City Commission
By: By:
POSITION
ATTEST State Attorney's Office
Eleventh Judicial Circuit
By: By: _
Don L. Horn
Chief Assistant State Attorney
for Administration
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission }
FROM: Ronald J. Wasson, City Manager '
DATE: January 28, 2022
SUBJECT: Resolution Appointing Members to the Aventura Arts & Cultural
Center Advisory Board for the Remainder of a Two-Year Term
February 1, 2022 City Commission Meeting Agenda Item 5C
Three vacancies currently exist on the Board due to the following members no longer
serving:
• Gloria Muroff
• Lisa Robbins
• Lenore Toby-Simmons
The City's Code allows a maximum of nine members to serve on the Board. In addition
to the three vacancies and current four members, it is proposed that two members be
added to the Board for a total of nine members. Based on the direction of the City
Commission at the January City Commission Workshop, the attached Resolution
appoints the following members to the Aventura Arts & Cultural Center Advisory Board
for the remainder of a two-year term, ending in May 2022:
• Joyce R. Forchion
• Becky Franco-Freifeld
• Lisa Horwitz
• Merridy Robinson Kotler
• Judith Weinberg
If you have any questions, please do not hesitate to contact me.
RJW/act
Attachment
CCO2035-22
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL
CENTER ADVISORY BOARD FOR THE REMAINDER OF A TWO-YEAR
TERM; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2-191 of the Aventura City Code provides for the creation of
the Arts and Cultural Center Advisory Board; and
WHEREAS, three vacancies currently exist on the Board due to the following
members no longer serving: Gloria Muroff, Lisa Robbins, and Lenore Toby-Simmons; and
WHEREAS, the Code allows for a maximum of nine members to serve on the
Board; and
WHEREAS, in addition to the three vacancies and current four members, it is
proposed that two members be added to the Board as allowed by Code, for a total of nine
members; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City
Charter, the City Commission wishes to provide for approval of the Mayor's appointment
of members to the Arts and Cultural Center Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the Mayor
of the following individuals to serve as members of the Arts and Cultural Center Advisory
Board for the remainder of a two-year term, ending in May 2022:
Joyce R. Forchion
Becky Franco-Freifeld
Lisa Horwitz
Merridy Robinson Kotler
Judith Weinberg
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved
its adoption. The motion was seconded by Commissioner and upon being
put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
City of Aventura Resolution No. 2022-
PASSED AND ADOPTED this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager C4--
DATE: January 28, 2022
SUBJECT: Disbursement of Police Federal Forfeiture Funds
February 1, 2022 City Commission Meeting Agenda Item 5D
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 $25,000.00 for office furniture for a
new build out 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
CCO2036-22
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Michael Bentolila, Chief of Police / Bencoeea
DATE: January 28, 2022
SUBJECT: Request for Use of Federal Forfeiture Funds
The Federal Equitable Sharing Agreement (FESA), Section Vill 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-
Off ice Furniture for New Build Out: $25,000
Summary
Office Furniture — This furniture is essential to the completion of the build out project in
the roll call area, allowing for more workstations for Road Patrol Sergeants and the
relocation of Office workstations to complete reports.
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Managers
BY- Robert Meyers, Office of the City Attorney
DATE: January 28, 2022
SUBJECT: Resolution Implementing a Rotation Schedule for the Selection of a
Vice Mayor on a Semi-Annual Basis and Allowing for Exceptions in the
Event a Commissioner is Unable to Serve During the Assigned Term
February 1, 2022 City Commission Meeting Agenda Item 5E
RECOMMENDATION
It is recommended that the City Commission approve a resolution to establish a rotation
order for the selection of the Vice Mayor beginning with the appointment of the Vice Mayor
in November 2022.
BACKGROUND
Section 2.02 of the Aventura City Charter provides for the position of a Vice Mayor who
serves a six-month term. The Vice Mayor is selected on a biannual basis — at the first
Commission meetings in May and November, respectively. During the absence or
incapacity of the Mayor, the Vice Mayor shall have the powers and responsibilities of the
Mayor.
Historically, the City Commission has adopted an unwritten rule that all Commissioners
should be given a chance to serve as Vice Mayor on at least one occasion during their
four-year term, but a specific order has never been consistently followed. Implementing
a selection process by rotating the Vice Mayor appointment among the City Commission
members tied to the officeholder's seat is the most reasonable approach to ensure each
commissioner will be afforded the opportunity to serve in this leadership position at least
one time during a commissioner's four-year term. The rotation schedule will take effect
with the selection of the Vice Mayor beginning in November 2022. The Resolution allows
for deviations to the rotation if a Commissioner is unable to serve during the assigned
term. The proposed rotation is as follows: Seat 6, Seat 3, Seat 4, Seat 1, Seat 5, Seat 2,
FISCAL IMPACT
This item has no impact on the City's budget.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, IMPLEMENTING A ROTATION SCHEDULE
FOR THE SELECTION OF A VICE MAYOR ON A SEMI-ANNUAL BASIS;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 2.02 of the Aventura City Charter provides for the position of
a Vice Mayor who during the absence or incapacity of the Mayor shall have the powers
and responsibilities of the Mayor; and
WHEREAS, the City Code provides for the Vice Mayor to serve a six-month term
to be elected at the first Commission meeting in May and the first Commission meeting
in November each year by a majority vote of the City Commission; and
WHEREAS, implementing a selection process by rotating the Vice Mayor
appointment among the City Commission members tied to the officeholder's seat is the
most reasonable approach to ensure each commissioner will be afforded the opportunity
to serve in this leadership position at least one time during a commissioner's four-year
term; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. Rotation Order Approved. That commencing with the November
2022 selection for Vice Mayor, the City Commission hereby approves the following order
for Vice Mayor position: Seat 6, Seat 3, Seat 4, Seat 1, Seat 5, Seat 2, subject to
modification by a majority vote of the City Commission in the event a Commissioner is
unable to serve as Vice Mayor during the assigned term.
Section 3. Manager Authorized. That the City Manager is hereby authorized
to take all necessary steps to implement this Resolution.
Section 4. Effective Date. That this Resolution shall become effective upon the
term for Vice Mayor ending in November 2022.
City of Aventura Resolution No. 2022-
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager C)42-
BY: Melissa Cruz, Finance Director
DATE: January 28, 2022
SUBJECT: Approval of Proposed Spending Plan for Coronavirus State and Local
Fiscal Recovery Funds (CSLFRF) of the American Rescue Plan Act
(ARPA)
February 1, 2022 City Commission Meeting Agenda Item 5F
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution authorizing
the spending plan prepared by the City Manager for the expenditure of Coronavirus State
and Local Fiscal Recovery Funds from the U.S. Department of Treasury under the
American Rescue Plan Act.
BACKGROUND
As part of the American Rescue Plan Act (ARPA), the U.S. Department of the Treasury
launched the Coronavirus State and Local Fiscal Recovery Funds, which provides $350
billion in emergency funding for eligible state, local, territorial, and tribal governments.
The intent of these funds is to aid and assist eligible governmental entities in recovery
efforts resulting from the economic fallout of the COVID-19 pandemic.
The City of Aventura's allocation is $18,525,074. This funding covers all qualifying
expenditures on or after March 3, 2021. All funds must be obligated by December 31,
2024, and expended by December 31, 2026.
On January 6, 2022, the Department of Treasury released the Final Rule which details
spending guidelines for the CSLFRF funding. Under the Final Rule, there are four eligible
use categories:
1) Public Sector Revenue
2) Public Health and Economic Response
3) Premium Pay for Essential Workers
4) Water, Sewer and Broadband Infrastructure
There are four restrictions on use of the funds. They may not be used:
1) To offset a reduction in net tax revenue
2) To replenish financial reserves
3) For deposits into pension funds
4) For debt service payments
After thorough review of the Final Rule, staff reviewed the City's operational and capital
needs and compiled a proposed spending plan for the majority of the funding. The
spending plan was presented to the City Commission at the City Commission workshop
on January 20, 2022. There were a few changes made to the schedule since the
workshop including-
- IT consultant (IT) — this cost was originally included in the new software system.
The cost is now listed on a separate line in the Exhibit, however, the total project
amount did not change
- Addition of new Lasers (Police Department)
- Upgrade for the City's License Plate Reader cameras (Police Department)
- Addition of new radios (Public Works)
- Slight reduction in premium pay calculations (Parks and Recreation)
Attached is a copy of the proposed plan with the estimated project costs — Exhibit A.
2
Revised by City Manager 2/1/2022
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE SPENDING PLAN
PREPARED BY THE CITY MANAGER FOR THE EXPENDITURE OF
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE
AMERICAN RESCUE PLAN ACT (ARPA), DIRECTING THE CITY
MANAGER TO UTILIZE RECOVERY FUNDS TO RETAIN A PROJECT
CONSULTANT TO OVERSEE THE IMPLEMENTATION OF AN
ENHANCED INFORMATION TECHNOLOGIES NETWORK;PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to facilitate the ongoing recovery from the COVID-19
pandemic, Congress adopted the American Rescue Plan Act of 2021 (the "ARPA"), which
created the Coronavirus Local Fiscal Recovery Fund for the purpose of providing funds
to local governments (the "Fiscal Recovery Funds"); and
WHEREAS, the ARPA allocated a portion of the Fiscal Recovery Funds to be paid
to the State of Florida for distribution to non-entitlement units of local government, such
as the City of Aventura (the "City"); and
WHEREAS, the State of Florida, Division of Emergency Management (the
"Division") received a portion of the Fiscal Recovery Funds from the U.S. Department of
Treasury (the "Treasury") and is responsible for disbursing to the City its allocation of
$18,525,074 (the"Allocation")and anticipates disbursing the second installment in August
2022; and
WHEREAS, at the November 2, 2021 City Commission meeting, the Commission
passed a Resolution accepting the Allocation and approved the American Rescue Plan
Act Coronavirus Local Fiscal Recovery Agreement with the State of Florida; and
WHEREAS, the City Manager understands that all Fiscal Recovery Funds must
be obligated by December 31, 2024 and expended by December 31, 2026; and
WHEREAS, the City Manager has prepared a budget and spending plan for a
sizeable portion of the Allocation, attached hereto as Exhibit `A" ("Spending Plan") with
estimated costs for each item, subject to revision and reprogramming, but not to exceed
the total Allocation; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City of Aventura.
City of Aventura Resolution No. 2022-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Spending Plan Approved. That the City Commission hereby
approves the partial Spending Plan submitted by the City Manager, in substantially the
form attached hereto as Exhibit "A," authorizing the City Manager to adjust the Spending
Plan when additional funds are released to the City.
Section 3. Information Technologies Consultant Approved. That the City
Commission hereby directs the City Manager to utilize Fiscal Recovery Funds to retain
the services of an Information Technologies ("IT") Consultant to oversee the
implementation of an enhanced IT network.
Section 4. Implementation. That the City Manager is hereby authorized to take
all actions necessary to implement the purposes of this Resolution.
Section 5. Effective Date. That this Resolution shall take effect immediately
upon its passage and 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
Page 2 of 3
City of Aventura Resolution No. 2022-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
CITY OF AVENTURA
Proposed American Rescue Plan Projects by Department
EXHIBIT A
E timat o
� � rR ! s
IT Executive Conference Room AV Upgrade $ 75,000
IT Chamber AV Upgrades 100,000
IT AV solution in PD's Community Room 25,000
IT Replace Interactive Whiteboard in PD's Training Room 5,000
IT Hardware Upgrades
IT Storage System Upgrade 50,000
IT Backup System Upgrade 50,000
IT Backup Solution for PD video systems 75,000
IT Network 10Gig switches 25,000
IT Virtual Server Host Memory Upgrade 15,000
IT Security Enhancements to the Network 100,000
IT Phone System Upgrade to SIP Lines 50,000
IT Migrate to .gov domain 5,000
IT New Financial/HR Enterprise System 1,250,000
IT IT Consultant/Project Manager 500,000
IT Agenda Management System 50,000
IT TRAKiT 50,000
IT Connectivity Upgrades
IT Founders Park North 25,000
IT Founders Park South 25,000
IT Peace Park 25,000
IT Waterways 25,000
IT Waterways Dog Park 25,000
IT Veterans Park 25,000
IT CCTV System and Security Cameras
IT Upgrade Core Video Security System 50,000
IT Founders Park North 50,000
IT Founders Park South 25,000
IT Peace Park 25,000
IT Waterways Park 50,000
IT Waterways Dog Park 25,000
IT Veterans Park 25,000
IT Guest Networks(Wifi)
IT Government Center 50,000
IT Waterways Dog Park 25,000
IT Fire suppression systems
IT Main Computer Room 80,000
IT Small Computer Room 20,000
Parks and Recreation Founders Park-Artificial Turf field enhancement 1,800,000
Parks and Recreation Founders Park-Additional lighting- Musco 800,000
Parks and Recreation Founders Park- Parking lot maintenance 150,000
Parks and Recreation Founders Park-Tennis and Pickleball courts 750,000
Parks and Recreation Founders Park-Tennis and Pickleball court lighting 200,000
CITY OF AVENTURA
Proposed American Rescue Plan Projects by Department
EXHIBIT A
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sd
Parks and Recreation Founders Park-Access Control System 25,000
Parks and Recreation Waterways Park-Artificial Turf field enhancement 1,800,000
Parks and Recreation Waterways Park-3 Misting stations 20,000
Parks and Recreation Waterways Park- Playground relocation 350,000
Parks and Recreation Waterways Park-Access Control System 25,000
Parks and Recreation Waterways Dog Park-ADA Compliant Restroom 240,000
Parks and Recreation Waterways Dog Park-Access Control System 25,000
Parks and Recreation Veterans Park-Community Garden relocation from FP 175,000
Parks and Recreation Veterans Park-Access Control System 25,000
Parks and Recreation Veterans Park-3 Misting stations 20,000
Parks and Recreation Peace Park-ADA compliant Restroom 240,000
Parks and Recreation Peace Park-3 Misting stations 20,000
Parks and Recreation Community Rec Center- Employee work space 60,000
Parks and Recreation Vaccine events 50,000
Parks and Recreation Premium Pay 40,108
HR Performance Management Software 15,029
HR Onboarding Platform Software 9,142
HR E-forms Platform Software 11,774
HR Vaccination incentive 37,600
HR Premium Pay for all essential workers(excluding PD) 61,000
HR Premium Pay for all non-essential workers 26,000
HR Classification and Comp Study
Community Development Building department renovation 20,000
Police Radio Communication System Upgrade 400,000
Police 2-Community Policing vehicles 95,000
Police Upgrade automatic defibrillators 155,000
Police 911 Videowall upgrade/replacement 200,000
Police Employee premium pay-non sworn employees 24,000
Police Tasers including cartridges and training 335,000
Police LPR Camera upgrades 108,000
Public Works Radio Upgrade 50,000
Public Works Seawall replacement/repair 500,000
Public Works Stormwater pipe replacement-34th 1,750,000
Public Works Stormwater pipe replacement-213th Street 800,000
Total proposed projects $ 14,412,653
Total allocation $ 18,525,074
Remaining funds to allocate $ 4,112,421
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson City Manager er
BY- Robert Meyers, Office of the City Attorney w '
DATE: January 28, 2022
SUBJECT: Resolution Adopting a Conversion Plan to Phase In On-Demand
Transportation Services by Expanding the Scope of Service to
Encompass the Entire City and Authorizing the City Manager to
Purchase Additional Vehicles as Part of Phase One of the Conversion
Plan
February 1, 2022 City Commission Meeting Agenda Item 5G
RECOMMENDATION
It is recommended that the City Commission approve a resolution to expand on-demand
transportation services City-wide and authorize the City Manager to purchase additional
vehicles from the current vendor to cover the increased demand likely to be created by
removing the boundary restrictions currently in place for the FreeBee service.
BACKGROUND
Over the years, the City has provided a circulator bus system for residents for their
convenience and in an effort to reduce the number of vehicles operating in the City.
Traffic studies have been conducted to ensure the City's transit system was operating
efficiently, tracking both ridership and local conditions impacting the bus routes. On-
demand transportation is a new transportation model allowing a rider to travel from point
to point within a pre-determined boundary by using a phone app or direct phone call to
request an on-demand vehicle, which is dispatched to the user's location.
The City entered into a one-year pilot program with FreeBee, LLC ("FreeBee") in February
2021 to provide fully electric buses available to residents in a predetermined zoned
boundary. The pilot program commenced in June 2021, with ridership and demand for
this service growing steadily.
The City Manager is recommending expanding the on-demand service to the entire City
in two phases by continuing to use FreeBee's electric buses and to order four electric
Tesla vehicles ("SUVs") from the same vendor. This constitutes Phase One of the
Conversion Plan. Additionally, direction was provided by consensus of the City
Commission at the January 20, 2022 Commission Workshop to order two electric buses,
due to the lengthy order/delivery time. At the same time, the City Manager will seek to
reduce the number of circulator buses and adjust bus routes accordingly.
Phase Two of the Plan will include an analysis of the impact of expanding the scope of
the on-demand service City-wide and the introduction of additional vehicles on ridership
levels and wait times. Based on the analysis, Phase Two also contemplates purchasing
four additional vehicles to serve the needs of the City's residents.
FISCAL IMPACT
The purchase of more vehicles from FreeBee will have an impact on the City's budget.
Transportation Impact Fee funding will cover most of the costs associated with the
purchase of additional vehicles from Freebee. However, the overall budget outlay for an
efficient City-wide on-demand transportation system will likely increase over current
year's spending levels for what now exists for limited on-demand transportation services.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ADOPTING A CONVERSION PLAN TO PHASE
IN ON-DEMAND TRANSPORTATION SERVICES BY EXPANDING THE
SCOPE OF SERVICE TO ENCOMPASS THE ENTIRE CITY;
AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL
VEHICLES FROM FREEBEE LLC, THE CURRENT VENDOR, AS PART
OF PHASE ONE OF THE CONVERSION PLAN; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, over the years, the City of Aventura ("City") has provided a circulator
bus system for its residents and has retained consultants to conduct traffic studies to
ensure the City's transit system was operating efficiently, tracking both ridership and local
conditions impacting the bus routes; and
WHEREAS, over the past two years, a new transportation model has emerged,
known as On-Demand Transportation, allowing a rider to travel from point to point within
a pre-determined boundary by using a phone app or direct phone call to request an on-
demand vehicle, which is dispatched to the user's location; and
WHEREAS, in February 2021, the City received proposals from two on-demand
service providers and entered into a one-year pilot program with FreeBee, LLC
("FreeBee") to provide fully electric buses available to residents in a predetermined zoned
boundary; and
WHEREAS, the pilot program commenced in June 2021, with ridership and
demand for this service growing steadily; and
WHEREAS, the City Manager is recommending expanding the on-demand service
to the entire City in two phases by continuing to use Freebee's electric buses and to order
electric Tesla vehicles ("SUVs") from the same vendor; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. Conversion Plan Approved. That the City Commission hereby
approves the City Manager's Conversion Plan, attached hereto as Exhibit "A" to expand
the scope of on-demand electric transportation service to the entire City in two phases.
Section 3. Purchases Approved. That the City Commission hereby approves
City of Aventura Resolution No. 2022-
the purchase of four electric Tesla vehicles, as consistent with Phase 1 of the Conversion
Plan, and two electric buses per consensus of the City Commission at the January 20,
2022 Commission Workshop.
Section 4. City Manager Authorized. That the City Manager is hereby
authorized to take all necessary steps to implement this Resolution.
Section 5. Effective Date. That this Resolution shall become effective upon its
passage.
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
Exhibit "A"
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson City Manager er 6_�
DATE: January 14, 2022
SUBJECT: Conversion Plan to On-Demand Transportation Service
(City Manager)
January 20, 2022 City Commission Workshop Agenda Item 5
BACKGROUND
The City of Aventura has over the years provided a circulator bus system for its residents
to allow those who did not drive or wish to use their vehicles to visit shopping areas,
doctors, hospitals, and other locations with limited parking availability. In the early years,
an express bus service was established with limited routes that served three areas of the
City: the north, south, and central. Over the years as ridership increased and demand
increased for more stops to be added to the already established routes, additional buses
were added with the specific design to move residents to anywhere in the City they would
like to go. The Aventura Circulator Bus System became well known in Miami-Dade
County for being a model in local transportation and reducing local vehicle traffic. From
the beginning, all the routes began and ended in the Aventura Mall where riders could
connect with the other circulator buses and arrive at various locations in the City.
In time, the Aventura Mall, with permission from Miami-Dade County Municipal Transit
Division, established a Bus Depot which increased the availability for local ridership to
connect with the Miami-Dade Transit Bus System, giving residents even greater access
to local transportation opportunities. Over the years, outside traffic studies were
conducted by the University of South Florida, Center for Urban Transportation, to ensure
our transit system was operating efficiently and to track ridership and local conditions as
they impacted routes.
Over the past 24 months, however, a new transportation model has emerged. On-
Demand Transportation Service, which allows for a user wishing to go from point A to
point B within a predetermined boundary, to use a phone app or direct phone call to
request an on-demand vehicle, which then is dispatched to the user's location. From there
the user is picked up and ultimately dropped off at the location of their choosing.
In February 2021 the City of Aventura, after receiving proposals from two on-demand
service providers, entered into a one-year pilot project with Freebee LLC, 2312 N. Miami
Avenue, Miami Florida 33127. The agreement was to provide two fully electric vehicles
that would be available to residents in a predetermined zoned boundary, allowing
residents to use the system, develop a ridership base and establish publicity for the new
program. (Total cost $322,953.80 for 12-months of service) The pilot program began to
operate this past June when the new vehicles were delivered and put into service. A six
(6) month review was scheduled to review Freebee operations, ridership, and overall
satisfaction of residents. It was determined at the November Workshop review that
Freebee ridership and the demand for the on-demand transportation service has been
growing steadily and for all intents and purposes was being utilized by the community and
considered successful. The only real negative issue raised was longer wait times at
certain times of the day due to heavy demand, particularly by school children requesting
rides to and from school.
Clearly, as the program has become more popular, intermittent delays and longer wait
times to be picked up have been experienced. After discussing the options with the
Freebee representatives, it was determined to move ahead and plan for expanding the
service to the entire City with the mindset to begin revising/reducing the existing bus
service. Presently the Aventura Circulator Bus Service operates six (6) separate routes
throughout the city, all beginning and terminating at the Aventura Mall Bus Depot. The
preliminary details for moving ahead with this plan of action will be as follows-
On-Demand Service Transportation Action Plan
Phase-1: Initially, the City will begin to transition from the current two (2) vehicle Freebee
On-Demand Service model with existing rules and increase the on-demand vehicles
operating in Aventura to six (6) vehicles (Increase of four (4) vehicles). Once the new
vehicles are delivered to Aventura for operation, the pilot program boundary (Geo-fence)
will be lifted and the entire City will have full access to the on-demand service. The cost
of each new Tesla Vehicle with an operator is $122,239. (Total Cost: $488,956 for four
vehicles) This initial Phase 1 will take approximately 90 to 120 days once the new Tesla
vehicles are deployed. During this period, we will continue to operate the bus system but
launch an aggressive advertising campaign alerting residents of the availability of the new
on-demand transportation service. During this period, we will also be letting residents
also know we will be revising the current bus routes to three (3) express routes which will
continue to service the north, south, and central areas of the City. These buses will
operate on an approximate 30 to 40-minute schedule which will begin and end at the
Aventura Mall. Additionally, the new bus routes will now include some bus stops at the
curbside locations. The circulator buses will generally no longer be entering individual
properties or stopping at individual buildings. (Exceptions for hospital, assisted living
facilities, etc.) The bus stops will be clearly identified with new signage on the street
allowing for faster service. At the end of the 90-Day Phase-1 Period, the new bus routes
will be deployed. By reducing the number of bus routes to three, the City will see an
annual cost saving of approximately $634,000 which will help offset the cost of the new
Freebee on-demand services.
Phase-2: This operational phase will be from 120 to 150 days to evaluate the new bus
routes and the on-demand transportation service as it relates to ridership, demand for
service, wait times, etc. Also, we will be carefully monitoring the ridership of the circulator
buses for the same indicators. It could be reasonably concluded that as the On-Demand
Transportation service becomes more popular, we could anticipate a reduction in
ridership. Over time, staff will review to determine if the bus routes would need to be
revised.
It will be critical to have the following things in place as we begin this phase-
1. Appropriate Signage is in place for the bus stop locations. This is important for
the residents and riders to know where the bus will stop.
2. Information and Advertising: this will be done through literature and pamphlets
to be distributed to each residential building, property manager, Condo
Association, etc. Also, workshops will be scheduled initially with property
managers and building associations. Social Media platforms and our Aventura
Website will also host information sessions regarding the plan and how to access
the new On-Demand Transportation System.
As we are in the Phase-2 review, careful consideration will be to ultimately decide to fully
increase the On-Demand Transportation Vehicles in Aventura from six (6) to ten (10)
electric vehicles which is the recommended number of vehicles to handle all the
transportation needs for residents if the circulator system was significantly reduced.
Please know the goal for the On-Demand Transportation Service is to have the wait time
from the initiation of a ride request to the pick-up to be under 10 minutes. If that number
is achieved, the program will be successful.
If this program is fully implemented, the approximate cost of Phase-1 and Phase-2 would
be as approximately as listed. For budgeting purposes however, I have shown what the
full cost of a new Aventura transportation service would cost over an entire year after fully
implementing Phase-2.
Phase 1:
• $322,953 (Current 2 electric bus vehicles)
• $488,956 (Additional 4 new electric Tesla vehicles)
• $1,269,999 (Operation of current 6 Bus Circulator Routes)
Phase 2:
• $322,953 (Current 2 electric bus vehicles)
• $977,912 (Total 8 electric Tesla Vehicles)
• $634,999 (Operation of 3 Bus Circulator Routes)
Total: $1,935,864 (Net Increase of $665,865)
Note: Efforts to have sponsorships from local businesses will be pursued to help
off-set operational costs.
RECOMMENDATION
At this time, I would recommend having a transportation consultant review our plan,
ascertain our ridership and make any suggested changes for implementation specifically
with regards to reviewing bus stops. The desire to move from a fixed route circulator
system to an integrated On-Demand Transportation Service with a limited fixed route
express service will face some challenges, but if done carefully and with a robust public
awareness campaign, it will be successful. A review of our current system with the focus
of transitioning to a new three bus express route and determining the best and most used
bus stops/destinations would be extremely important to ensure the best operation and
continued use of the bus system.
I would recommend moving forward on initiating Phase 1 of the Action Plan, beginning
with ordering the 4 electric vehicles and beginning the advertising campaign for the On-
Demand Transportation Service. As part of our contract with Freebee, we are allowed to
expand/add additional vehicles as necessary. Due to the lead time of getting the Tesla
vehicles, (60 to 90 days), it would be in our best interest to start that process now. Once
the vehicles are delivered, we could then continue to accumulate more data analysis as
we roll out the program and work through this transition.
Attachments:
Basic 3 Bus Circulator Route Map
3 Months of Ridership Date of Current 6 Bus Routes
RJW/
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven Klopp
Community Development Director
DATE: January 28, 2022
SUBJECT: Request by Aventura Hospital and Medical Center for a Sign
Variance from Section 31-1910)(7) of the City's Land
Development Regulations (LDRs) to Permit Seven (7)
Directional Signs, Measuring Six Feet (6') in Height and 17
Square Feet in Sign Area, Where the LDRs Permit a Maximum
of Three (3') Feet in Height and Four(4) Square Feet in Sign Area
on the Hospital Campus at 20900 Biscayne Boulevard (the
"Property") (SV2201-0001)
February 1, 2022 City Commission Meeting Agenda Item 6A
RECOMMENDATION
It is recommended that the City Commission approve the sign variance request
from Section 31-1910)(7) of the LDRs to permit seven (7) directional signs
measuring six feet (6') in height and 17 square feet in sign area, where the LDRs
permit a maximum of three feet (3') in height and four (4) square feet in sign area.
PROPOSED
Sign 02 Height 6' Sq. Foota e 15.5
Sign 07 Height 6' Sq. Footage 14.0
Sign 18 Height 6' Sq. Footage 14.0
Sign 21 Height 6' Sq. Footage 7.33
Sign 23 Height 6' Sq. Footage 8.83
Sign 25 Height 6' Sq. Footage 12.0
Sign 29 Height 6' Sq. Footage 16.66
THE REQUEST
The Applicant is requesting a sign variance from Section 31-1910)(7) of the LDRs
to permit seven (7) directional signs measuring six feet (6') in height and 17 square
feet in sign area, where the LDRs permit a maximum of three feet (3') in height
and four (4) square feet in sign area.
(See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Miami Beach Health Care Group Ltd.
d/b/a Aventura Hospital & Medical
Center
LOCATION OF PROPERTY 20900 Biscayne Boulevard
(see Exhibit #2 for Location Map)
LEGAL DESCRIPTION Tracts 1, 2 and 3 according to the plat of
Biscayne Medical Plaza as recorded in
Plat Book 137 at Page 76 and the west
'/2 of Lot 2, Block 8, Map of the Town of
Hallandale, according to the plat
recorded in Plat Book B at Page 13, both
of the Public Records of Miami-Dade
County, Florida, less the rights of way for
NE 209 Street and NE 28 Avenue, City of
Aventura
ZONING
Subject property: MO, Medical Office District
Property to the North: MO, Medical Office District
Property to the South: B1, Neighborhood Business District
Property to the East: B2, Community Business District
Property to the West: U, Utilities District
EXISTING LAND USE
Subject property: Aventura Hospital and Medical Center
Campus
Property to the North: Public Storage Buildings
Property to the South: Retail Plaza
Property to the East: Retail Plaza, & Synagogue
Property to the West: FEC Railway
FUTURE LAND USE — According to the City of Aventura Comprehensive Plan,
Future Land Use Map, the following properties are currently designated as follows:
Subject property: Business and Office
Property to the North: Business and Office
Property to the South: Business and Office
Property to the East: Business and Office
Property to the West: Business and Office
2
The Site - The subject site is the Aventura Hospital and Medical Center main
campus located on the west side of Biscayne Boulevard, north of NE 209 Street,
consisting of the Hospital building, medical office buildings and parking structures.
Citizen Comments — As of the date of writing of this report, the Community
Development Department has not received any written or verbal citizen comments.
ANALYSIS
The criteria for approval of sign variances set out in Section 31-191(m)(8) of the
LDRs is as follows:
The Sign Variance maintains the basic intent and purpose of these
regulations,particularly as it affects the stability and appearance of the City
and provided that the variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community. No
showing of unnecessary hardship to the land is required.
This request does preserve the unique character of the City and is not in conflict
with the basic intent and purpose of the sign code. The proposed signs will serve
a directional function and is required to effectively index the environment.
CONDITIONS
1. That the signage substantially complies with the plan submitted with and
attached to this application (See Exhibit 3)
"HCA Florida Aventura Hospital", Sheets 1 through 9, prepared by Gresham
Smith /Atlas, revised 01/04/2022
2. Permits shall be obtained within twelve (12) months of the date of the
Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission.
3. No sign shall be located within the 25-foot triangle at the intersection of two
public streets or within a 20-foot triangle at the intersection of a public street
and driveway.
3
atlas
BRANDING THE WORLD
national headquarters
EXHIBIT 1 1077 West Blue Heron Blvd.
SV2201-0001 West Palm Beach, FL 33404
800.772.7932
www.atlasbtw.com
December 28, 2021
City of Aventura
Community Development Department
19200 W. Country Club Drive
Aventura,FL. 33180
(305)466-9940
RE: Letter of Intent-20900 Biscayne Blvd, Aventura,Fl. 33180
We are requesting consideration to allow seven directional signs within a Hospital Complex parking lot.
We are requesting an exception from the allowable height and square footage. The proposed directional signs
are within the Hospital Campus and not visible to vehicles traveling outside of the Campus. They are
necessary in directing traffic in emergencies and direction to emergency facility should stand out.
Code for Directional Signs:
• Max Height-3'
• Max Square Feet—4
We are requesting an exception for seven directional signs as follows:
S02 - Height 6' Square Footage: 15.5
S07 - Height 6' Square Footage: 14
S 18 - Height 6' Square Footage: 14
S21 - Height 6' Square Footage: 7.33
S23 - Height 6' Square Footage: 8.83
S25 - Height 6' Square Footage: 12
S29 - Height 6' Square Footage: 16.66
Our goal is to provide aesthetically appealing signs that provide clear direction within the Hospital Campus.
The allowance of the proposed directional will not cause a burden to the community and will not change the
over-all intent of the sign code.
Sincerely,
Gina Penney I Permitting Manager
Atlas I One Source—Many Solutions
t: 561 863 6659 x1913 I in: 561 779 9165
Toll Free 800 772 7932
e: gina.p@atlasbtw.com I w: www.atiasbtw.com
EXHIBIT 2
SV2201-0001
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CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A SIGN VARIANCE FROM
SECTION 31-191(J)(7) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS (LDRS) TO PERMIT SEVEN (7) DIRECTIONAL SIGNS,
MEASURING SIX FEET(6') IN HEIGHT AND SEVENTEEN (17) SQUARE
FEET IN SIGN AREA, WHERE THE LDRS PERMIT DIRECTIONAL
SIGNS TO BE A MAXIMUM OF THREE FEET(3') IN HEIGHT AND FOUR
(4) SQUARE FEET IN SIGN AREA, ON THE AVENTURA HOSPITAL AND
MEDICAL CENTER CAMPUS LOCATED AT 20900 BISCAYNE
BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Article IX, "Sign Regulations", Section 31-191, "Sign Regulations
Generally", subsection (m)(8) of the City Code of Ordinances provides that a "variance
may be granted upon a showing by the applicant that the sign variance maintains the
basic intent and purpose of these regulations, particularly as it affects the stability and
appearance of the City and provided that the variance will otherwise be compatible with
the surrounding land uses and would not be detrimental to the community"; and
WHEREAS, the property described herein is zoned MO, Medical Office District;
and
WHEREAS, the applicant, Aventura Hospital and Medical Center, through
Application No. SV2201-0001, is requesting a sign variance from section 31-1910)(7) of
the city's land development regulations (LDRs) to permit seven (7) directional signs,
measuring six feet (6') in height and seventeen (17) square feet in sign area, where the
LDRs permit directional signs to be a maximum of 3 feet (3') in height and four (4) square
feet in sign area on the property legally described in Exhibit "A"; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
City of Aventura Resolution No. 2022-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The sign variance from Section 31-1910)(7) of the City's LDRs to
permit seven (7) directional signs, measuring six feet (6') in height and seventeen (17)
square feet in sign area, where the LDRs permit directional signs to be a maximum of 3
feet (3') in height and four (4) square feet in sign area on the property legally described
in Exhibit "A" is hereby granted, exclusively to the Applicant, subject to the following
conditions:
1) Plans submitted for building permit shall substantially comply with those submitted as
follows:
• "HCA Florida Aventura Hospital", Sheets 1 through 9, prepared by Gresham
Smith/Atlas, revised 01/04/2022
2) A building permit for the project shall be obtained within twelve (12) months of the date
of the Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission. The City Commission may, at a regular or special
meeting, grant up to a six-month extension request for good cause shown by the
applicant.
3) No sign shall be located within the 25-foot triangle at the intersection of two public
streets or within a 20-foot triangle at the intersection of a public street and driveway.
Section 2. The City Manager is authorized to issue permits in accordance with
the approvals and conditions herein provided and to indicate such approvals and
conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not in
any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
Page 2 of 4
City of Aventura Resolution No. 2022-
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
Page 3 of 4
City of Aventura Resolution No. 2022-
EXHIBIT "A" TO RESOLUTION NO. 2022-
LEGAL DESCRIPTION OF LAND
Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat
Book 137 at Page 76 and the west '/2 of Lot 2, Block 8, Map of the Town of Hallandale,
according to the plat recorded in Plat Book B at Page 13, both of the Public Records of
Miami-Dade County, Florida, less the rights of way for NE 209 Street and NE 28 Avenue,
City of Aventura
Page 4 of 4
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven Klopp
Community Development Director
DATE: January 28, 2022
SUBJECT: Request by Beit Jacob Safra Synagogue for Variances from Section
31-147 of the City's Land Development Regulations (LDRs) to Permit
a Rear Setback of Six Feet and One Inch (61") and Front Setback of
Twenty-Three Feet and Two Inches (23'2"), Where the LDRs Require a
Ten Foot (10') Rear Setback and Twenty-Five Foot (25') Front Setback
to Facilitate Construction of a Guardhouse and Enclosed Patio Area
Located at 19275 Mystic Point Drive (the "Property") (VAR2201-0001)
February 1, 2022 City Commission Meeting Agenda Item 6B
RECOMMENDATION
It is recommended that the City Commission approve the request to allow a rear setback
of six feet and one inch (6'1") and front setback of twenty-three feet and 2 inches (232"),
where LDR Section 31-147 requires a ten foot (10') rear setback and twenty-five foot (25)
front setback on the Property.
THE REQUEST
The applicant, Beit Jacob Safra Synagogue, is requesting variances from Section 31-147
of the LDRs to allow a rear setback of six feet and one inch (61") and front setback of
twenty-three feet and 2 inches (232"), where LDR Section 31-147 requires a ten foot (10')
rear setback and twenty-five foot (25) front setback on the Property. (See Exhibit #1 for
Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Beit Yaacov, Inc.
ADDRESS OF PROPERTY 19275 Mystic Point Drive
See Exhibit #2 for Location Map
SIZE OF PROPERTY Approximately 1.40 acres
LEGAL DESCRIPTION Tract "A" of Beit Edmond J. Safra Synagogue,
according to the plat thereof as recorded in Plat
Book 157, Page 79, Public Records of Miami-
Dade County, Florida
Zoning -
Subject Property: CF Community Facilities
Properties to the North: RMF — Multi Family High Density Residential
Properties to the South: RMF — Multi Family High Density Residential
Properties to the East: Intracoastal Waterway
Properties to the West: RMF — Multi Family High Density Residential
Existing Land Use -
Subject property: Synagogue
Properties to the North: Multi Family Residential
Properties to the South: Multi Family Residential
Properties to the East: Intracoastal Waterway
Properties to the West: Multi Family Residential
Future Land Use - According to the City of Aventura Comprehensive Plan, the following
properties are currently designated as follows:
Subject property: Medium High Density Residential
Property to the North: Medium High Density Residential
Property to the South: Medium High Density Residential
Property to the East: Medium High Density Residential
Property to the West: Medium High Density Residential
The Site - The subject site is a 1.40 acre parcel with an existing 12,414 square foot, 2
story synagogue, known as Beit Edmond J. Safra Synagogue of Aventura.
The Project — The applicant has applied for administrative site plan review approval for
construction of a guardhouse and enclosed patio area. The applicant has requested
variances from Section 31-147 of the LDRs to allow a rear setback of six feet and one
inch (6'1") and a front setback of twenty-three feet and 2 inches (232"), where a ten foot
(10') rear setback and twenty-five foot (25)front setback is required on the Property. (See
Exhibit #1 for Letter of Intent)
Site plan review is currently underway by City staff. Other than the variances requested,
the site plan meets all other site development criteria of the CF, Community Facilities
District and applicable sections of the City's LDRs. Final approval of the site plan is
subject to approval of this application for variances.
ANALYSIS
Consistency with Comprehensive Master Plan -The request is consistent with the City
of Aventura Comprehensive Plan.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
2
Community Development Department Analysis — The Property is located in the CF,
Community Facilities district. The synagogue use is a permitted use in the CF zone. The
applicant is requesting variances for setbacks for a new guardhouse and for the enclosure
of their existing patio.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation state:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met-
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
convenience, if the regulations were carried out literally.
The applicant advises that the physical condition and shape of the site and existing
parking area and traffic circulation results in a particular hardship in meeting the
required setbacks for the guardhouse and the enclosed patio area.
(2) The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
The conditions are unique to this site and are not applicable to other locations.
(3) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure, which is not otherwise consistent with the
LDR.
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant. The need for security and protection from the
elements create the need for the setback variances.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variances will not be detrimental to the public welfare or injurious to other property
or improvements in the vicinity.
(5) The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity."
The variances will not substantially increase traffic congestion or increase the danger
of fire or endanger the public safety or substantially diminish or impair property
values.
3
It is recommended that the request for variances be granted subject to the following
conditions:
CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
• "Beit Jacob Safra Synagogue", Cover Sheet, Sheet T-1.0, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Boundary & Topographic Survey, Sheet 1 of 2,
prepared by Fortin, Levy, Skiles, Inc., dated 09/01/21.
• "Beit Jacob Safra Synagogue", Boundary & Topographic Survey, Sheet 2 of 2,
prepared by Fortin, Levy, Skiles, Inc., dated 09/01/21.
• "Beit Jacob Safra Synagogue", Existing Site Plan, Sheet SP-1, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Demolition Site Plan, Sheet SP-D, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Proposed Site Plan, Sheet SP-2, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", First Floor Demolition Plan, Sheet D-1.0, prepared by
Kaller Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Proposed Floor Plan, Sheet A-1.0, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Synagogue Side Elevation, and Booth Floor Plans &
Elevations, Sheet A-2.0, prepared by Kaller Architecture, dated, signed and sealed
11/08/21.
• "Beit Jacob Safra Synagogue", Synagogue Elevations, Sheet A-3.0, prepared by
Kaller Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Details, Sheet A-4.0, prepared by Kaller Architecture,
dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Ramp Details, Sheet A-5.0, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Addition at the Safra Synagogue", Proposed Civil Plan, Sheet C-1, prepared by
Zephyr Engineering, dated 3/26/2021, signed and sealed 11/15/21.
• "Beit Jacob Safra Synagogue", Landscape Plans, Sheet L-1, prepared by Thomas
White, dated 3/25/2021, signed and sealed 07/22/21.
2. Permits shall be obtained within twelve (12) months of the date of the Resolution or
the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
4
EXHIBIT 1
VAR2201-0001
1�
ROSENTHAL ROSENTHAL
-RASCO
ATTORNEYS AT L A W
December 9, 2021
"REVISED LETTER OF INTENT"
Mr. Keven Klopp
Community Development Director
CITY OF AVENTURA
19200 West Country Club Drive
Aventura, FL 33180
Re: Application for Administrative Site Plan Approval to modify the existing Site
Plan and grant East and West side Variances to Beit Yaacov, Inc. dba Beit Jacob
Safra Synagogue ("Synagogue") at 19275 Mystic Pointe Drive, Aventura, Fl
33180
Dear Mr. Klopp:
The Synagogue has operated at the subject location for more than twenty years, and has provided
a place to worship for primarily Aventura residents, who celebrate and follow Orthodox Judaism.
Due to antisemitism being on the rise in Florida, the United States and all over the world the
Synagogue realized it was imperative to provide better security for its members, the Clergy and its
staff, and requests approval to construct a guardhouse at the entry to the Synagogue, more
particularly described in the Plans submitted, prepared by Kaller Architecture ("the Plans").
Security for the Synagogue is currently a guard seated under a canvas umbrella, which is
inadequate and fails to provide the necessary requisites to allow the guard to adequately provide
security and safety for Synagogue members and the Clergy, et al.
The new guardhouse will provide the elements necessary to insure the safety of the Synagogue, its
members and Clergy and complies with the City's Building Code, save for a twenty five foot
setback requirement when a structure abuts a City Street. In the instant case the proposed
guardhouse is 23.2 feet from Mystic Pointe Drive, (a City Street) and Applicant requests the City
grant a one foot ten inch (1'10") variance from Mystic Pointe Drive, (the West Side of the
property).
The Synagogue building contains a partially enclosed patio area at the east side of the Synagogue
overlooking the Intracoastal Waterway. Unfortunately the patio is not usable for"kiddush"(after
service gatherings) on days of inclement weather, nor on hot weather days when fans are
insufficient to cool the patio and having kiddush on the patio not feasible. After years of trying to
make the patio function as required, some of the Synagogue members have offered to defray the
{WO570559.1} One Aventura,20900 N.E. 301 Avenue, Suite 600, Aventura,Florida 33180
305.937.0300/Fax: 305.937.1311
Mr. Keven Klopp 2 December 9, 2021
cost of enclosing the patio and providing air conditioning so that the patio could be utilized
notwithstanding the weather.
The enclosure of the patio area has made it a "structure" and therefore subject to different
requirements of the City's Building Code, as well as compliance with DERM requirements.
DERM has completed its review of the Applicant's Plans, approved the Plans and returned them
to the City for their review. The City's review evidenced that their Code requires a setback from
the east side of the property (the intracoastal waterway) of ten feet, and the Applicant proposes a
setback of 6.1 feet, a shortfall of 3 feet 11 inches. Accordingly Applicant requests the City grant
a 3 foot 11 inch variance of the ten foot setback required so as to allow the Synagogue to complete
the enclosure of the patio area.
In addition to the foregoing the handicap parking spaces have been relocated to an area closer to
the Synagogue's main entrance so as to provide handicap members a shorter distance to reach the
Synagogue. The relocation of the handicap spaces had resulted in the loss of two parking spaces,
which spaces have been relocated and are designated on the Plans as parking for the Rabbi and the
Administrator only. With the relocation of the two parking spaces the City's parking requirements
have been met by the Applicant.
The Applicant,together with the Architect,have been working on this project with the Synagogue,
the County and the City for more than two years and in that regard "ALL" would like to thank
Joanne Carr and her staff, and Keven Klopp and his staff as well, all of whom have expended a
great deal of time and effort to allow the Synagogue to reach this momentous occasion.
Based upon the foregoing Applicant respectfully requests that this Application be approved so as
to allow the requested changes to the Site Plan and the two variances required to bring the project
to fruition.
Respectfully submitted,
ROSENTHAL RO LLC
BY
ALAMR- ENTHAL
ASR:cw
Enclosures
Rosenthal Rosenthal Rasco LLC
(W0570559.1) One Aventura,20900 N.E. 30'Avenue,Suite 600,Aventura,Florida 33180
305.937.0300/Fax: 305.937.1311
EXHIBIT 2
VAR2201-0001
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CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING APPROVAL OF VARIANCES FROM
SECTION 31-147 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS (LDRS) TO PERMIT A REAR SETBACK OF SIX FEET
AND ONE INCH (61") AND A FRONT SETBACK OF TWENTY-THREE
FEET AND TWO INCHES (237), WHERE THE LDRS REQUIRE A TEN
FOOT (10') REAR SETBACK AND A TWENTY-FIVE FOOT (25') FRONT
SETBACK, TO FACILITATE CONSTRUCTION OF A GUARDHOUSE
AND ENCLOSED PATIO AREA LOCATED AT 19275 MYSTIC POINT
DRIVE, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned CF, Community Facilities; and
WHEREAS, the applicant, Alan S. Rosenthal on behalf of Beit Jacob Safra
Synagogue, through Application No. VAR2201-0001, is requesting variances from
Section 31-147 of the City's Land Development Regulations (LDRs) to permit a rear
setback of six feet and one inch (61") and a front setback of twenty-three feet and two
inches (232"), where the LDRs require a ten foot (10') rear setback and a twenty-five foot
front set back (25'); and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for variances from Section 31-147 of the LDRs to permit a
rear setback of six feet and one inch (61") and a front setback of twenty-three feet and
two inches (232"), where the LDRs require a ten foot (10') rear setback and a twenty-five
foot (25') front setback is required by code, on property legally described in Exhibit "A," is
hereby granted exclusively to the Applicant, subject to the following conditions:
City of Aventura Resolution No. 2022-
1) Plans submitted for building permit shall substantially comply with those submitted as
follows:
• "Beit Jacob Safra Synagogue", Cover Sheet, Sheet T-1.0, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Boundary & Topographic Survey, Sheet 1 of 2,
prepared by Fortin, Levy, Skiles, Inc., dated 09/01/21.
• "Beit Jacob Safra Synagogue", Boundary & Topographic Survey, Sheet 2 of 2,
prepared by Fortin, Levy, Skiles, Inc., dated 09/01/21.
• "Beit Jacob Safra Synagogue", Existing Site Plan, Sheet SP-1, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Demolition Site Plan, Sheet SP-D, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Proposed Site Plan, Sheet SP-2, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", First Floor Demolition Plan, Sheet D-1.0, prepared by
Kaller Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Proposed Floor Plan, Sheet A-1.0, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Synagogue Side Elevation, and Booth Floor Plans &
Elevations, Sheet A-2.0, prepared by Kaller Architecture, dated, signed and sealed
11/08/21.
• "Beit Jacob Safra Synagogue", Synagogue Elevations, Sheet A-3.0, prepared by
Kaller Architecture, dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Details, Sheet A-4.0, prepared by Kaller Architecture,
dated, signed and sealed 11/08/21.
• "Beit Jacob Safra Synagogue", Ramp Details, Sheet A-5.0, prepared by Kaller
Architecture, dated, signed and sealed 11/08/21.
• "Addition at the Safra Synagogue", Proposed Civil Plan, Sheet C-1, prepared by
Zephyr Engineering, dated 3/26/2021, signed and sealed 11/15/21.
• "Beit Jacob Safra Synagogue", Landscape Plans, Sheet L-1, prepared by Thomas
White, dated 3/25/2021, signed and sealed 07/22/21.
2) A building permit for the project shall be obtained within twelve (12) months of the date
of the Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission. The City Commission may, at a regular or special
meeting, grant up to a six-month extension request for good cause shown by the
applicant.
Page 2 of 5
City of Aventura Resolution No. 2022-
Section 2. The City Manager is authorized to issue permits in accordance with
the approvals and conditions herein provided and to indicate such approvals and
conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not in
any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
Page 3 of 5
City of Aventura Resolution No. 2022-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
Page 4 of 5
City of Aventura Resolution No. 2022-
EXHIBIT "A" TO RESOLUTION NO. 2022-
LEGAL DESCRIPTION OF LAND
A PORTION OF TRACT EE OF "FIFTH ADDITION BISCAYNE YACHT & COUNTRY
CLUB" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99 AT
PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
Page 5 of 5
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager (9L
BY: Keven Klopp
Community Development Director
DATE: January 28, 2022
SUBJECT: Request of Aventura 305, LLC, doing business as Mister 01 Pizza
Restaurant, (the "applicant") for Conditional Use Approval to Allow
the Sale of Alcoholic Beverages for On Premise Consumption at an
Indoor Cocktail Lounge/Bar Area within the Mister 01 Pizza
Restaurant located at 2980 NE 207 Street, Suite 109, in the Aventura
ParkSquare development (the "Property") (CUP2112-0001)
February 1, 2022 City Commission Meeting Agenda Item 6C
RECOMMENDATION
It is recommended that the City Commission approve the conditional use application to
allow the sale of alcoholic beverages for on premise consumption on the Property, subject
to the following conditions-
1. This approval shall be granted exclusively to Mister 01 Pizza Restaurant in Suite 109,
2980 NE 207 Street, in the Aventura ParkSquare development and may not be
transferred to another owner and/or operator of the restaurant or to another location.
2. Alcoholic beverages shall be sold and served only in conjunction with service of food
within the restaurant. This does not preclude service of an alcoholic beverage only
without food as long as the establishment complies with the food/beverage revenue
percentages required by the State liquor license. The kitchen shall be open and food
shall be available for service at all times when alcoholic beverages are being sold and
served.
3. Customers will not be permitted to remove an individual glass of alcoholic beverage
or any open container from the restaurant.
4. The applicant shall obtain an alcoholic beverage license from the State of Florida and
begin sales and service of alcoholic beverages within twelve (12) months of the date
of the Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission at the written request of the applicant,
provided that the applicant has filed the request for extension within the twelve (12)
month period prior to expiration.
5. The applicant shall comply with the hours of operation for bars and cocktail lounges
to sell alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of
the City Code; specifically, between the hours of 8.00 a.m. and 1.00 a.m. the following
day.
6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes
to ensure no sales are made to underage customers or to customers who may have
been over-served at other establishments.
7. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community. The applicant agrees to immediately discontinue sales and service of
alcoholic beverages upon written notice to the applicant of such a determination.
8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180
consecutive days shall constitute abandonment and shall rescind this approval.
THE REQUEST
The applicant is requesting conditional use approval to sell and serve alcoholic beverages
in an indoor cocktail lounge/bar area within the restaurant to be located in Suite 109, 2980
NE 207 Street, in the Aventura ParkSquare development, notwithstanding the distance
and spacing requirements for sale and service of alcoholic beverages in Section 4-2(a)
and (b) of the City Code. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Parksquare Retail LLC
APPLICANT Aventura 305, LLC doing business as Mister 01
Pizza Restaurant
ADDRESS OF PROPERTY 2980 NE 207 Street, Suite 109, City of Aventura
(See Exhibit#2 for Location Map)
LEGAL DESCRIPTION Parts of Blocks 17 and 18, alleys and vacated
roads within the plat of Hallandale Park No. 8,
recorded in Plat Book 20, Page 49 and Part of
Tract 1 within the plat of Lauranna recorded in
Plat Book 76, Page 31, of the Public Records of
Miami-Dade County, Florida
Zoning —
Subject Property: TC3 Town Center Neighborhood District
Properties to the North: TC4 Town Center Neighborhood District
CF Community Facilities District
Properties to the South: CF Community Facilities District, and
B2 Community Business District
2
Properties to the East: RMF3 Multifamily Medium Density Residential District
Properties to the West: B2 Community Business District
Existing Land Use —
Subject property: Mixed Use Development
Properties to the North: Town Center
Properties to the South: House of Worship & Retail Plaza
Properties to the East: Residential Condominium
Properties to the West: Retail Plaza
Future Land Use - According to the City of Aventura Comprehensive Plan, the following
properties are designated as follows:
Subject property: Town Center
Property to the North: Town Center
Property to the South: Business and Office
Property to the East: Medium-High Density Residential
Property to the West: Business and Office
The Site — Mister 01 Pizza Restaurant is proposed to be located in Suite 109 on the
ground floor of the Aventura Park Square mixed-use development, adjacent to the interior
driveway to the east side of the Aloft Hotel, as shown in Exhibit #3.
The Project - The applicant is proposing to open a restaurant in Suite 109 of the
Aventura Park Square mixed-use development on NE 207 Street at NE 30 Avenue. The
restaurant will be located on the ground floor adjacent to the east side of the Aloft Hotel.
Entrance is by way of the interior driveway sidewalk. The restaurant will have 1956
square feet of total floor area with 70 seats indoor and outdoor. Sales and service of
alcoholic beverages is proposed at the indoor and outdoor tables and at the indoor
bar/lounge area. The hours of operation of the restaurant will be from 11.30 a.m. to 11
p.m., Monday through Thursday; 11.30 a.m. to 12 a.m., Saturday and 12 p.m. to 11 p.m.,
Sunday. The restaurant and the cocktail lounge are permitted uses in the TC3, Town
Center Neighborhood, zoning district. The proposed floor layout is attached as Exhibit
#4 to this report.
The applicant will be applying for a 4COP series, SFS class, liquor license from the State
of Florida for sale of liquor, wine and beer for on premise consumption.
ANALYSIS
The sale of alcoholic beverages for on premise consumption is permitted by Code at
tables inside the restaurant and at tables in the outdoor patio; however, sales and service
of alcoholic beverages at the indoor bar area requires conditional use approval due to the
number of seats and distance and spacing requirements of Chapter 4 of the City Code,
as detailed in the "Community Development Department Analysis" below.
3
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This establishment is located on property that
has a Business and Office land use designation.
Citizen Comments—As of the date of writing of this report, the Community Development
Department has received no citizen comments.
Community Development Department Analysis-Chapter 4 of the City Code regulates
the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain
spacing and location requirements applicable to businesses selling alcoholic beverages.
The Code provides that, unless first approved as a conditional use, no premises shall be
used for the sale of alcoholic beverages to be consumed on or off premises unless it is
located at least 1,500 feet from a place of business having an existing liquor license (and
not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet
from a religious facility or school.
Section 4-2 (e) of the City Code allows certain exceptions from this conditional use
requirement. Dining rooms in restaurants in the TC3 zoning district that serve cooked, full
course meals, prepared daily on the premises, are one of the exceptions provided by this
Code section. Cocktail lounges in restaurants are also an exception to the conditional
use approval requirement, provided that the restaurant has 200 or more seats at tables,
including bars or counters at which full course meals are available and provided that the
restaurant has more than 4000 square feet of floor space.
The dining room and outdoor patio in the applicant's proposed restaurant meets the
exemption criteria of Section 4-2(e)of the City Code. Conditional use approval is required
for the applicant's proposed sale and service of alcoholic beverages at the indoor
bar/lounge area because it does not meet the exemption requirement for floor area and
number of seats. The applicant's proposed restaurant has a total of 1956 square feet of
indoor floor area and 50 indoor seats.
A liquor survey is required to show spacing and distance to other non-exempt
establishments with an existing alcoholic beverage license and to religious facilities and
schools. The applicant has submitted the liquor survey attached as Exhibit#5. The survey
reveals one (1) establishment with an alcoholic beverage use (which establishment is not
one of the uses listed as an exception from the spacing requirements of the City Code)
within 1,500 feet; that being the Winn Dixie Liquor store at 20355 Biscayne Boulevard. In
addition, the survey identifies three (3) religious facilities and three (3) schools within
2,500 feet; those being the Aventura Turnberry Jewish Center and Tauber Academy
within the City limits, Beth Torah Benny Rok Campus and Hochberg Academy, Netive
Ezra and Aventura Waterways School outside of the City limits.
4
Criteria
According to Section 31-73(c) of the City Code, a conditional use approval application is
evaluated using the following criteria:
1. The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan. The future land
use designation for this parcel is Town Center. The Town Center future land use
designation is designed for both residential and business uses, including restaurants.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed service and sale of
alcoholic beverages at the indoor cocktail lounge/bar area within the restaurant will not
be detrimental to or endanger the public health, safety or general welfare. The conditions
that on-premises consumption of the alcoholic beverage will be made only in conjunction
with food service and that the use may be terminated by the City Manager if the use
creates a disturbance or is operated in violation of the conditions of this approval will
provide safeguards to ensure that the use will not be detrimental.
3. The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The restaurant is located on the ground floor of the Aventura Park Square mixed-use
development and is adjacent to other planned restaurant spaces. The immediate
neighborhood of the proposed use is comprised of retail, restaurant, office, hotel,
commercial and residential uses. The proposed use is consistent with the community
character of the immediate neighborhood and existing uses within the Aventura Park
Square development.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided forin the requirement of these
LDR's.
The Aventura Park Square neighborhood town center is developed. Utilities, roadway
capacity, drainage and other necessary public facilities, including police, fire and
emergency services exist at the City's adopted levels of service or will be available
concurrent with demand as provided for in the City's Land Development Regulations. The
proposed use will not change the current levels of service required.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
5
The proposed use is located within the Aventura Park Square mixed-use development.
Adequate measures exist to provide ingress and egress to the proposed use in a manner
that minimizes traffic congestion in the public streets. Ingress and egress to the
development is by way of accesses on NE 207 Street, NE 205 Street, NE 30 Avenue and
NE 29 Avenue.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding properties
for uses permitted in the zoning district.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The restaurant is located on the ground floor of the Aventura Park Square mixed-use
development. It will have no visual or other adverse effects on adjacent property. The
development provides the required setbacks, buffers, landscaping and other design
criteria approved by the City.
FINDINGS
Based on the Analysis above, the application is found to meet the criteria for approval of
conditional uses in Section 31-73(c). Staff therefore recommends approval with the
conditions contained in this staff report.
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 the
development order if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. All applicable state and federal permits must be obtained
before commencement of the development. This condition is included pursuant to
Section 166.033, Florida Statutes, as amended.
6
EXHIBIT 1
CUP2112-0001
BERGQW
RDELL
FFERNANDEZ VIA ELECTRONIC MAIL
LARKIN
li 'll. nTAPANE,
ZONING,LAND USE AND ENVIRONMENTAL LAW November 24, 2021
200 S.Biscayne Boulevard Mr. Keven Klopp, Planning Director
Suite 300, Miami,FL 33131 Community Development Department
City of Aventura
www.brzoninglaw.com
19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
305.377.6235 office
305.377.6222 fax Re: Mister 01 Pizza Restaurant - 2980 NE 207 Street Suite No. 109,
bfernandez@brzoninglaw.com Aventura, Florida
Dear Ms. Klopp:
Our law firm represents Aventura 305, LLC (the "Applicant")
in relation to the referenced Mister 01 Pizza Restaurant, that will
be opening soon at the referenced property (the "Property"). This
letter shall serve as the Applicant's letter of intent in support of the
application for a Conditional Use approval to allow the restaurant
to serve alcoholic beverages pursuant to City Code Section 4-2.
Mister 01 Pizza Restaurant is a modern and trendy pizzeria.
operated by RENATO VIOLA who was raised in Southern Italy and
has a passion for making pizza. There are other locations in
Coconut Grove, Wynwood, Brickell, South Beach and Naples.
The restaurant is presently under construction and intends
to be open and in full operation within the coming months. Mister
01 Pizza Restaurant offers beer and wine options to its patrons.
The restaurant includes a total of approximately fifty(50) indoor
seats and twenty (20) outdoor seats.
The restaurant intends to provide service to the tables as
shown on the enclosed permit plans. Since the restaurant does not
have one-hundred and fifty (150) indoor seats, and has less than
two-thousand five-hundred square feet (2,500 SF) of floor space,
the restaurant requires a Conditional Use permit, as it is not exempt
pursuant to the recently adopted Aventura Ordinance No. 2020-
03.
Mr. Keven Klopp, Planning Director
Page 2
Conditional Use Request. Pursuant to the Section 4-2 of the City's Alcohol Beverage
Regulations and the applicable Land Development Regulations (LDRs), the Applicant requests a
Conditional Use approval to permit the sale of alcoholic beverages where other establishments
selling alcohol exist within one-thousand five-hundred feet (1,500'). Section 4-2 provides as
follows:
Unless approved as a conditional use, no premises shall be used for the sale of any
alcoholic beverages, as defined herein, to be consumed on or off the premises
where the structure or place of business intended for such use is located less than
1,500 feet from a place of business having an existing, unabandoned, legally
established (and not one of the uses excepted from the spacing requirements
hereinafter provided) alcoholic beverage use which permits consumption on or off
the premises. The 1,500 feet distance requirements shall be measured by following
a straight line from the nearest portion of the structure of the place of business.
There are other similar establishments within one-thousand five-hundred feet (1,500') as
described on the enclosed Sketch of Distance Separation Survey. However, the Conditional Use
is supported by the fact that Mister 01 is intended to primarily serve the patrons dining in the
restaurant and in the outdoor seating area. It is also significant to note that many of the other
nearby venues are located in the Promenade Shops.
Conditional Use Criteria. The proposed Conditional Use addresses the criteria described
in Sec. 31-73 governing Conditional uses as follows:
1. The proposed use shall be consistent with the Comprehensive Plan.
The application is consistent with the goals and objectives of the Comprehensive Plan,
specifically a collection of different commercial and retail uses are encouraged within the
Business and Office designation.
2. The maintenance and operation of the restaurant shall not be detrimental to or
endanger the public health, safety, or general welfare.
The proposed use will not be detrimental to or endanger public health, safety or general
welfare. The Applicant intends to provide the sale of beer and wine, to its patrons. There
are several other establishments that serve alcohol in the area and the pizza parlor
atmosphere is consistent and compatible with other restaurants serving alcohol in the
area. .
Bercow Radell Fernandez Larkin&Tapanes 1305.377.6235 direct 1305.377.6222 fax I bfernandez@brzoninglaw.com
Mr. Keven Klopp, Planning Director
Page 3
3. The restaurant shall be consistent and compatible with other similar the dining
establishments and the neighborhood.
The Property is consistent with community character of the immediate neighborhood. It
is anticipated that the alcohol sales will be limited as Mister 01 is a food serving
establishment and not a bar. In addition, other similar establishments have existed in the
area responsibly for some time.
4. Utilities, roadway capacity, drainage, and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of service,
or will be available concurrent with demand as provided for in the requirements of
theses LDRs.
A building permit has already been issued for the proposed restaurant and there are
adequate utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, that will be available concurrent with
demand for the project.
S. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The restaurant is located in a shopping center with adequate ingress and egress and
parking for the proposed restaurant use. therefore, there would be no traffic congestion
that is generated by the approval of this application. .
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The conditional use will not have any detrimental effect on the ability of surrounding
properties to develop for uses permitted in their zoning districts.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed restaurant will add visual variety to current array of restaurants in the area.
In addition, there will be no adverse impacts associated with the proposed dining
establishment.
Bercow Radell Fernandez Larkin&Tapanes 1305.377.6235 direct 1305.377.6222 fax I bfernandez@brzoninglaw.com
Mr. Keven Klopp, Planning Director
Page 4
For all of the foregoing reasons we hereby request your favorable review and
recommendation. We would appreciate your scheduling this application for the next available
public hearing.
Thank you for your attention to this matter.
Sincerely,
Ben Fernandez
BF/bl
Enclosures
Bercow Radell Fernandez Larkin&Tapanes 305.377.6235 direct 1305.377.6222 fax bfernandez@brzoninglaw.com
EXHIBIT 2
CUP2112-0001
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CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON
PREMISE CONSUMPTION AT AN INDOOR COCKTAIL BAR/LOUNGE
AREA WITHIN MISTER 01 PIZZA RESTAURANT LOCATED AT 2980 NE
207 STREET, SUITE 109, IN THE CITY OF AVENTURA; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC3, Town Center
Neighborhood District; and
WHEREAS, the applicant, Aventura 305, LLC, doing business as Mister 01 Pizza
Restaurant, through Application No. CUP2112-0001, is requesting Conditional Use
approval to permit the sale of alcoholic beverages for on premise consumption at an
indoor bar/lounge area within the Mister 01 Pizza Restaurant located at 2980 NE 207
Street, Suite 109, in the Aventura ParkSquare mixed-use development; and
WHEREAS, the City Commission held a quasi-judicial public hearing as provided
by law to review the application; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to allow the sale and service of
alcoholic beverages at an indoor bar/lounge area within Mister 01 Pizza Restaurant in
Suite 109, 2980 NE 207 Street, legally described as Parts of Blocks 17 and 18, alleys and
vacated roads within the plat of Hallandale Park No. 8, recorded in Plat Book 20, Page
49 and Part of Tract 1 of the plat of Lauranna recorded in Plat Book 76, Page 31 of the
Public Records of Miami-Dade County, Florida, is hereby granted exclusively to the
applicant subject to the following conditions-
1. This approval shall be granted exclusively to Mister 01 Pizza Restaurant in Suite 109,
2980 NE 207 Street, in the Aventura ParkSquare development and may not be
transferred to another owner and/or operator of the restaurant or to another location.
2. Alcoholic beverages shall be sold and served only in conjunction with service of food
within the restaurant. This does not preclude service of an alcoholic beverage only
without food as long as the establishment complies with the food/beverage revenue
percentages required by the State liquor license. The kitchen shall be open and food
City of Aventura Resolution No. 2022-_
shall be available for service at all times when alcoholic beverages are being sold and
served.
3. Customers will not be permitted to remove an individual glass of alcoholic beverage
or any open container from the restaurant.
4. The applicant shall obtain an alcoholic beverage license from the State of Florida and
begin sales and service of alcoholic beverages within twelve (12) months of the date
of the Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission at the written request of the applicant,
provided that the applicant has filed the request for extension within the twelve (12)
month period prior to expiration.
5. The applicant shall comply with the hours of operation allowed for bars and cocktail
lounges to sale of alcoholic beverages for consumption on premises pursuant to
Section 4-3(d) of the City Code; specifically, between the hours of 8.00 a.m. and 1.00
a.m. the following day.
6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes
to ensure no sales are made to underage customers or to customers who may have
been over-served at other establishments.
7. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community. The applicant agrees to immediately discontinue sales and service of
alcoholic beverages upon written notice to the applicant of such a determination.
8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180
consecutive days shall constitute abandonment and shall rescind this approval.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not in
any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
Page 2 of 3
City of Aventura Resolution No. 2022-
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
Page 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
(r��L
FROM: Ronald J. Wasson
City Manager
BY. Keven Klo i w
pp
Community Development Director
DATE: December 29, 2021
SUBJECT: Ordinance Increasing Business Taxes by 5% (111 increase since 2008)
January 4, 2022 City Commission Meeting Agenda (11t Reading) Item 7A
February 1, 2022 City Commission Meeting Agenda (2"d Reading) Item 8A
RECOMMENDATION
At its workshop on November 4, 2021, the City Commission directed the City Manager,
City Attorney, and Community Development Department to bring forth for its
consideration an increase of the City's business tax rates, by the maximum 5% allowed,
for Fiscal Year 2023, a notice of which will be sent in July of 2022. (Business Tax Receipts
are renewed annually and due on October 1 each year). If approved, this will be the first
increase in business tax rates since 2008. As evidenced by the attached comparison
(Exhibits A and B), an increase at this time will not affect the ability to stay competitive
with other cities. By Florida Statute, the increase requires approval of an ordinance by a
majority plus one of the City Commission.
BACKGROUND
In 2008 the City of Aventura created a Business Tax Equity Study Advisory Board which
oversaw the preparation of an Equity Tax Study. The study allowed the City to adopt a
reclassification and revision ordinance. As a result of that study, the tax for the majority
of the business types was increased by 10%. (A few categories were eliminated.) The
new rates resulted in an estimated $62,000 increase in revenue from business taxes.
The business tax rates have not been increased since.
Chapter 18 of the City Code provides the requirements for Business Regulations. Local
Business Taxes vary depending on the nature of the business. A receipt is required for
each place of business and each separate classification at the same location. Receipts
are transferable when there is a change of ownership, business location or trade name.
A business located within the City is required to obtain both a city and county receipt.
Pursuant to Section 205.0535(1), Florida Statutes, the City of Aventura amended its
business tax classifications and rate structure by Ordinance 96-13, adopted August 20,
1996. Pursuant to Section 205.0535(4), Florida Statutes, municipalities may, every other
year, increase by ordinance the rates of the local business tax by up to five percent (5%).
The increase, however, may not be enacted by less than a majority plus one vote of the
governing body.
After the adoption of the Equity Study in 2008, no increases to the business tax rate
schedule have been adopted. A five percent (5%) increase of the current rates is
proposed to be enacted by Ordinance in early 2022. From July 1, 2021, to November 19,
2021, the Community Development Department has issued 1,921 new and renewed
business tax receipts for FY 2022 and collected $713,251 in revenue. The proposed
increase is conservatively estimated to increase the City's revenues from BTRs by
$35,000. The top revenue-producing classification in the city is by far the merchants,
followed by financial institutions, restaurants, medical services and professional
businesses respectively.
Staff receives an average of 173 new Business Tax Receipts annually. These are
reviewed by the Zoning Division and Building Division to ensure they meet local
requirements. Renewal notices are typically sent in July and businesses can pay by check
through the mail or in-person by check, cash, or credit card.
2
Exhibit A
CURRENT FEES
MUNICIPALITY AVERAGE GENERAL FEE
AVENTURA $135.44
MIAMI $182.70
HIALEAH $197.92
DORAL $201.50
NORTH MIAMI $235.46
MIAMI BEACH $522.85
MUNICIPALIT- AVERAGE MERCHANT BASE FEE
HIALEAH $100.00
(MAX AMOUNT IS$1,000.00)
AVENTURA $198 92
(MAX AMOUNT$100,000.00)
MIAMI $266.33
(MAX AMOUNT$100,000.00)
MIAMI BEACH $2,594.00
(MAX AMOUNT$500,000.00)
AVERAGE MERCHANT BASE FEE
MUNICIPALITY (PER 111 11 OVER MAX AMOUNT)
AVENTURA $2.20
MIAMI $6.60
HIALEAH $10.00
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
BUSINESS TAX DIVISION
Exhibit B
FIVE PERCENT (5%) FEE INCREASE
GENERALMUNICIPALITY AVERAGE
AVENTURA $142.21
MIAMI $182.70
HIALEAH $197.92
DORAL $201.50
NORTH MIAMI $235.46
MIAMI BEACH $522.85
MUNICIPALI-ry AVERAGE MERCHANT BASE FEE
HIALEAH $100.00
(MAX AMOUNT IS$1,000.00)
AVENTURA $208 87
(MAX AMOUNT$100,000.00)
MIAMI $266.33
MIAMI BEACH $2,594.00
(MAX AMOUNT$500,000.00)
AVERAGE MERCHANT BASE FEE
r - .
111 11 OVER MAX AMOUNT)
AVENTURA $2.31
MIAMI $6.60
HIALEAH $10.00
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
BUSINESS TAX DIVISION
CITY OF AVENTURA ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS
REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY
AMENDING SECTION 18-42 "TAX SCHEDULE"; BY PROVIDING AN
INCREASE OF FIVE (5%) PERCENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 3, 2008, the City Commission of the City of Aventura, Florida
(the "City") passed and adopted Ordinance No. 2008-11, which established a new rate
structure for local business tax receipts by providing an increase of up to ten (10%)
percent; and
WHEREAS, the City Commission has not increased such rates since 2008; and
WHEREAS, the City Commission desires to increase the current rates by five
(5%) percent; and
WHEREAS, the City Commission finds that the adoption of this Ordinance is in
the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Section 18-42 "Tax Schedule", of Article
II, "In General", of Chapter 18 "Business Regulations, Taxes and Permits" of the City
Code of the City of Aventura is hereby amended to read as follows:
Chapter 18 — Business Regulations, Taxes and Permits
ARTICLE II- Local Business Taxes
Section. 18-42 — Tax Schedule.
For the purpose of this article, inventory shall mean the average selling value of
annual inventory owned by the business, exclusive of excise tax. Local business taxes
for the following business, occupation and/or professions are hereby levied and imposed:
Page 1 of 13
1 Proposed additions to City Code are indicated by underline; Proposed deletions from City Code are indicated by
StFiketh Fey gM
S�
City of Aventura Ordinance No. 2022-
Abstract, land title, title insurance, property closing $ 115.50
Adult care facility iin nn 115.50
Adult congregate living facility 115.50
Advertising--products and services 173.25
Alcoholic beverage business establishment 115.50
Ambulance service 115.50
Amusement center 550.00 577.50
Amusement center over 100 machines, each machine 7.700 8.09
Amusement machines, each machine as accessory use 44.00 46.20
Animal grooming 55.00 57.75
Animal clinic/hospital 8250 86.63
Animal exhibition 165.00 173.25
Animal kennel 66.00 69.30
Answering service i i 0.00 115.50
Antique shop 137.50 144.38
Apartment, each unit over 2 23.85 25.04
Auction shop/auctioneer 231.00
Auto driving school iin nn 115.50
Auto parking, storage, garage or parking lot iin nn 115.50
Auto detailing, car wash or wax n nn 115.50
Auto repair and/or service shop i i 0.00 115.50
Auto paint and body shop i i 0.00 115.50
Auto mechanical repairs 115.50
Auto service station 220.00 231.00
Auto, truck, trailer, boat renting service, each vehicle FF nn 57.75
Auto tag agency 55.00 57.75
Page 2 of 12
City of Aventura Ordinance No. 2022-
Bakery-retail i i 0.00 115.50
Bar/lounge i i 0.00 115.50
Barber, each 33.00 34.65
Barbershop 66.00 69.30
Bicycles (repairs only) 66.00 69.30
Billiard parlor iin nn 115.50
Blueprinting iin nn 115.50
Boats for sale/rental i i 0.00 115.50
Boats--charter and dredge n nn 115.50
Boatbuilder iin nn 115.50
Boat taxi operation 22.00 23.10
Bondsman-professional 173.25
Bookkeeper/accounting service i i n nn 115.50
Bowling alley, each lane 46.20
Broker--stocks, bonds 165.00 173.25
Broker-insurance i i 0.00 115.50
Broker--yacht and ship salespersons 115.50
Broker-others i i 0.00 115.50
Burglar alarm/monitoring company iin nn 115.50
Butcher/butcher shop 8250 86.63
Carpenter shop 8250 86.63
Carwash i i 0.00 115.50
Catering 55.00 57.75
Carpet and rug cleaning iin nn 115.50
Carpet sales/installation i i 0.00 115.50
Check cashing store 220.00 231.00
Cigars and tobaccos 55.00 57.75
Page 3 of 12
City of Aventura Ordinance No. 2022-
Claims and collection agency n nn 115.50
Clothing:
(1) Alterations 49.50 51.98
(2) Tailor, dressmaking iin nn 115.50
Coin dealer 55.00 57.75
Cold storage warehouse n nn 115.50
Commercial garbage collection 393.75
Commercial trash collection 495.00 519.75
Community-based residential facilities 115.50
Consultants, each 173.25
Contractors:
(1) General building 247..50 259.88
(2) Subcontractor, general 184.80 194.04
(3) Engineering subcontractor 194.04
(4) Acoustical tile 8250 86.63
(5) Air conditioning 132.00 138.60
(6) Awning 90.00 103.95
(7) Carpentry 165.00 173.25
(8) Electrical 165.00 173.25
(9) Elevator 99.00 103.95
(10) Floor laying and sanding 165.00 173.25
(11) Gas fitting, pipe fitting 165.00 173.25
(12) Jalousie 55.00 57.75
(13) Mason and plaster contractor 165.00 173.25
(14) Moving and wrecking houses 8250 86.63
Page 4 of 12
City of Aventura Ordinance No. 2022-
(15) Ornamental iron, bronze and steel 8250 86.63
(16) Plumbing 165.00 173.25
(17) Painting 132.00 138.60
(18) Plastering and cement ian nn 168.00
(19) Plate glass and glazier 8250 86.63
(20) Roofing 165.00 173.25
(21) Sandblasting 165.00 173.25
(22) Sign 99.00 103.95
(23) Solar water heater 8250 86.63
(24) Septic tank 132.00 138.60
(25) Sprinkler system 8250 86.63
(26) Steel, reinforcing iin nn 115.50
(29) Swimming pools 99.00 103.95
(30) Venetian blind 66.00 69.30
(31) Tile, marble and granite 165.00 173.25
(32) Well drilling 99.00 103.95
(33) Not classified 99.00 103.95
Country club 495.00 519.75
Cosmetology salon 69.30
Cosmetologist, each 33.00 34.65
Credit bureau iin nn 115.50
Dancehall 165.00 173.25
Data processing--service agency 137.50- 144.38
Data processing--software development 165.00 173.25
Delivery services, per each vehicle ii.nn 11.55
Dental technician/hygienist 34.65
Dramatic or theatrical troupe or company 231.00
Page 5 of 12
City of Aventura Ordinance No. 2022-
Disc jockey (see entertainment) i i 0.00 115.50
Dry cleaning plant 8250 86.63
Electric light and power company 165.00 173.25
Employment agency 165.00 173.25
Engraver, lithographer 115.50
Exterminator iin nn 115.50
Financial institution--banks and trust companies 385.00 404.25
Financial institution--building and loan association 404.25
Financial institution--money lenders, except banks 385.00 404.25
Financial institution--mortgage loan company 404.25
Financial institution--personal finance company 404.25
Fire extinguisher service 8250 86.63
Fish market 8250 86.63
Florist i i 0.00 115.50
Funeral home ii0 nn 115.50
Golf course 550.00 577.50
Golf driving range/miniature golf 247.50 259.88
Hall for hire 165.00 173.25
Health club 137.50 144.38
Home health care services n nn 115.50
Hospital 346.50 363.83
Hotel, lodging house or motel, first room FF nn 57.75
Hotel, lodging houses or motel, each additional room 6.05- 6.35
Hypnotist 187.00 196.35
Ice cream shop/parlor i i 0.00 115.50
Import/export iin nn 115.50
Insurance adjuster 115.50
Page 6 of 12
City of Aventura Ordinance No. 2022-
Insurance agents, each 55.00 57.75
Insurance agency office iin nn 115.50
Insurance company 115.50
Interior decorator i i 0.00 115.50
Janitorial services i i 0.00 115.50
Jewelry 173.25
Jewelry broker 346.50
Labor union organization 275.00 288.75
Landscaping service/lawn maintenance 55.00 57.75
Land development company n nn 115.50
Laundry--self-service 247..50 259.88
Laundry or dry cleaner iin nn 115.50
Loan agent 165.00 173.25
Lecturer 247..50 259.88
Locksmith 88.00 92.40
Machine shop 8250 86.63
Manicurists, each 33.00 34.65
Masseur/masseuse FF nn 57.75
Mail order business 55.00 57.75
Manufacturing 165.00 173.25
Marina inn nn 105.00
Marina, each boat slip 8250 86.63
Massage salon i i 0.00 115.50
Medical clinic 220.00 231.00
Merchants--retail stock less than $1,000.00 66.00 69.30
Merchants--retail stock over $1,000.00 and less than $5,000.00 77.00 80.85
Merchants--retail stock over $5,000.00 and less than $10,000.00 165.00 173.25
Page 7 of 12
City of Aventura Ordinance No. 2022-
Merchants--retail stock over $10,000.00 and less than $20,000.00 i98 nn 207.90
Merchants--retail stock over $20,000.00 and less than $50,000.00 247..50- 259.88
Merchants--retail stock over $50,000.00 and less than $100,000.00 440 nn 462.00
Merchants--retail stock over $100,000.00, each additional $1,000.00 2.20 2.31
Merchants--Wholesale: Same as retail.
Messenger service 66.00 69.30
Messenger service, each vehicle 22.00 23.10
Motion picture theater 440.00 462.00
Motion picture theater--candy and popcorn concession 44.00 46.20
Moving company with storage 115.50
Moving company, each vehicle over 2 227. 238.88
Museum 247..50 259.88
Newspaper publishers bureau or agency 137.50- 144.38
Newspaper published daily 138.60
Newspapers published weekly, semimonthly or monthly 132.00 138.60
Newsstand 55.00 57.75
Nightclub 330.00 346.50
Nurse 33.00 34.65
Nursery--trees/plants 55.00 57.75
Nursing home iin nn 115.50
Parking lot--1 to 25 cars 55.00 57.75
Parking lot--over 25 cars i i 0.00 115.50
Pet shop 8250 86.63
Photographer 55.00 57.75
Photography studio iin nn 115.50
Piano tuner 55.00 57.75
Pool maintenance 11.55
Page 8 of 12
City of Aventura Ordinance No. 2022-
Printing i i 0.00 115.50
Private investigative agency 137.50- 144.38
Private school 19250 202.13
Professionals, each individual 187.00 196.35
Property management i i 0.00 115.50
Publisher iin nn 115.50
Real estate broker with no agents n nn 115.50
Real estate broker, each agent i i 0.00 115.50
Real estate salesman FF nn 57.75
Repair of watches and jewelry i i 0.00 115.50
Repair and service shops i i n nn 115.50
Restaurant--0 to 30 seats FF nn 57.75
Restaurant--31 to 74 seats i i 0.00 115.50
Restaurant--74 to 149 seats 165.00 173.25
Restaurant--150 or more seats 231.00
Restaurant--drive-in 115.50
Research laboratory i i 0.00 115.50
Rinks--skating, roller 165.00 173.25
Sales office, no stock 55.00 57.75
School 19250 202.13
Security company 13? 144.38
Shoe repair 8250 86.63
Shoeshine, each chair 32.34
Showroom i i 0.00 115.50
Snack bar as accessory use 69.30
Storage warehouse/public storage iin nn 115.50
Tanning salon--1 to 5 units iin nn 115.50
Page 9 of 12
City of Aventura Ordinance No. 2022-
Tanning salon as accessory use 55.00 57.75
Tanning salon, each additional unit over 5 units ii.nn 11.55
Tax preparation service i i 0.00 115.50
Taxicabs, each 55.00 57.75
Telemarketing sales n nn 115.50
Travel agency i i 0.00 115.50
Truck/trailer rental or leasing n nn 115.50
Truck/trailer rental or leasing--each vehicle over 3 348.60
Unclassified i i 0.00 115.50
Uniform service (towel, linen, diaper) 137.50 144.38
Upholsterer i i 0.00 115.50
Valet parking, per location, for hire only iin nn 115.50
Vehicle leasing company, each vehicle FF nn 57.75
Vending machines--business premises 82.50- 86.63
Vending machines--one cent, each machine iA00 1.16
Vending machines--five cents, each machine 5.50- 5.78
Vending machines--ten cents, each machine 8.2-5 8.66
Vending machines--over ten cents, each machine i i.nn 11.55
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional such decision shall not affect the
validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but
they shall remain in effect it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word Ordinance shall be changed to Section or other appropriate word.
Page 10 of 12
City of Aventura Ordinance No. 2022-
Section 5. Implementation. That the City Manager is hereby authorized to
take any action which is necessary to implement this Ordinance.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable to Local Business Tax
Receipts which are issued for the annual local business tax period which commences
on October 1, 2022 and thereafter.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Absent
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky No
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED on first reading on this 4t" day of January, 2022.
PASSED AND ADOPTED on second reading on this 1st day of February, 2022.
Page 11 of 12
City of Aventura Ordinance No. 2022-_
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 12 of 12
CITY OF "ENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: December 29, 2021
SUBJECT: Ordinance Amending Article I "In General" of Chapter 2
"Administration" of the City Code, by creating City Code Section 2-3
"Criminal History Records Checks for New Specified City Employees"
January 4, 2022 City Commission Meeting Agenda (11t Reading) Item 713
February 1, 2022 City Commission Meeting Agenda (2"d Reading) Item 813
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
Article I of Chapter 2 by creating City Code section 2-3 for Criminal History Records
Checks for New Specified City Employees.
BACKGROUND
Upon a recent qualification review by Florida Department of Law Enforcement (FDLE) of
the City's Originating Agency Identifier (ORI) using the Volunteer & Employee Criminal
History System (VECHS) Program, it was determined that the City was no longer qualified
to participate in the program and would not be able to continue screening employment
candidates under the VECHS Program. The VECHS Program specifically screens
volunteers and employees that provide care and/or treatment, education, training,
instruction, supervision, recreation and care placement for vulnerable populations such
as children, elderly and the disabled. In order to participate the City needs to close the
existing account and solicit a new ORI account with FDLE outside of the VECHS Program
to conduct future criminal history checks of candidates for employment. The Federal
Bureau of Investigation (FBI) has enacted a list of criteria that interested organizations
must meet in order to be approved and assigned an ORI under Public Law 92-544.
Specifically, an ordinance by the municipality is required as part of the criteria. Therefore,
the City needs to enact this ordinance to request an ORI outside of the VECHS Program.
If you have any questions, please feel free to contact me.
CITY OF AVENTURA ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF
THE CITY CODE, BY CREATING CITY CODE SECTION 2-3 "CRIMINAL
HISTORY RECORDS CHECKS FOR NEW SPECIFIED CITY
EMPLOYEES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura, Florida (the " City")finds
that in order to comply with Section 166.0442, Florida Statutes, it is necessary to adopt
this ordinance providing for criminal history records checks for new specified City
employees; and
WHEREAS, the City Commission finds that the adoption of this Ordinance is in
the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Section 2-3 "Criminal History Records
Checks for New Specified City Employees", of Article 1, "In General", of Chapter 2
"Administration" of the City Code of the City of Aventura is hereby amended by
creating the following new Section, to read as follows:
Chapter 2 —Administration
ARTICLE I An General
Section. 2-3— Criminal History Records Checks for New Specified City Employees.
(a) Pursuant to Section 166.0442, Florida Statutes, as such may be amended from
time to time, state and national criminal history record checks shall be required for
new specified employees of the City for the positions listed below.
City of Aventura Ordinance No. 2022-
1. Positions of Employment:
i. City Clerk: City Clerk, Executive Assistant
ii. City Manager's Office: City Manager, Assistant City Manager,
Communications Manager, Secretary to the City Manager, Social
Media Specialist
iii. Community Development: Building Official, Code
Compliance/Zoning Review Officer, Community Development
Director, Executive Assistant/Planning Technician, Customer
Service Representative
iv. Community Services: Community Services Director, Community
Recreation Center Assistant Manager, Community Recreation
Center Supervisor, Community Program Manager, Administrative
Assistant, Park Attendant, Parks & Recreation Assistant Manager,
Parks & Recreation Manager
v. Finance: Accountant, Controller, Customer Service
Representatives, Finance Director, Purchasing Agent
vi. HR/Risk Manager
vii. Information Technology: Director of Information Technology, IT
Operations Manager, IT Support Project Specialist, Network
Administrator
viii. Public Works/Transportation: Assistant Public
Works/Transportation Director, Capital Projects Manager, Executive
Assistant, Facilities Manager, Public Works/Stormwater Coordinator,
Public Works/Transportation Director, Trades Worker
ix. Additional Positions: Each additional position or classification
added to this subsection from time-to-time by Resolution(s) of the
City Commission.
(b) Each person applying for an employee position listed above shall be fingerprinted.
(c) Fingerprints obtained pursuant to the authority of this section shall be submitted to
the Florida Department of Law Enforcement for a state criminal history record
check and to the Federal Bureau of Investigation for a national criminal history
record check. The information obtained from the criminal history record checks
conducted pursuant to this section may be used to determine a person's eligibility
for such City employment.
Section 3. Severability. That the provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance shall
for any reason be held to be invalid or unconstitutional such decision shall not affect the
validity of the remaining sections, sentences, clauses and phrases of this Ordinance,
but they shall remain in effect it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Page 2 of 4
City of Aventura Ordinance No. 2022-
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word Ordinance shall be changed to Section or other appropriate word.
Section 5. Implementation. That the City Manager is hereby authorized to
take any action which is necessary to implement this Ordinance.
Section 6. Effective Date. That 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 Landman and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Absent
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
Page 3 of 4
City of Aventura Ordinance No. 2022-
PASSED on first reading on this 4t" day of January, 2022.
PASSED AND ADOPTED on second reading on this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 4
CITY OF "ENTURA
PUBLIC WORKS/TRANSPORTATION DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J Wasson, City Manager
BY: Joseph S Kroll, Public Works/Transportation Director`"-
DATE: December 29, 2021
SUBJECT: Approval to Amend Chapter 30, "Environment" Article IV, "Floods";
Adopting a Revised Article IV Floods
January 4, 2022 City Commission Meeting Agenda (11t Reading) Item 7C
February 1, 2022 City Commission Meeting Agenda (2"d Reading) Item 8C
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
Chapter 30 of the City Code, Environment Article IV - Floods, with a revised version of
Chapter 30 adding sections which will provide for the adoption of new flood hazard maps,
Designation of a Floodplain Administrator, adopting procedures and criteria for
development in a flood hazard area and adopting Technical Amendments to the Florida
Building Code.
BACKGROUND
The State Legislature of Florida gives local governments the authority to adopt regulations
designed to promote public health, safety and general welfare of its citizenry. The Federal
Emergency Management Agency has identified special flood hazard areas within the City
of Aventura which may be subject to periodic inundation resulting to loss of property, and
health and safety hazards. The City of Aventura was accepted into the National Flood
Insurance Program on October 22, 1997 which benefits all property owners, both
residential and commercial, within City limits. It is also in the public's best interest to adopt
the proposed floodplain management regulations that will be coordinated with the Florida
Building Code. The proposed amendments are no more stringent than necessary to
address the needs identified and are compliant with section 553.73(4), Florida Statutes.
In addition, the amendments are necessary to meet the NFIP requirements of Title 44,
Code of Federal Regulation, Section 69 and 60.
Attachments: Exhibit "A" Existing Ordinance
Exhibit "B" Revised Ordinance
JSK/gfJSK21022
CITY OF AVENTURA ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING
AND REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30,
"ENVIRONMENT," OF THE CITY CODE OF ORDINANCES RELATING
TO FLOODPLAIN MANAGEMENT AND FLOOD RESISTANT
DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida
Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special
flood hazard areas within the boundaries of the City of Aventura (the "City") and such
areas may be subject to periodic inundation which may result in loss of life and property,
health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, the City of Aventura was accepted for participation in the National
Flood Insurance Program ("NFIP") on October 22, 1997; and
WHEREAS, the City Commission desires to update its flood regulations under
Article IV, "Floods," of Chapter 30 of the City Code to meet the requirements of Title 44
Code of Federal Regulations, Sections 59 and 60, necessary to continue participation in
the NFIP; and
WHEREAS, the City Commission previously adopted prior to July 1, 2010
requirements to (a) require accumulation of costs of improvements and repairs of
buildings, based on issued building permits over a one (1) year or five (5) year period
depending on flood zone; and (b) limit partitioning of and access to enclosed areas below
elevated buildings and, pursuant to Chapter 8 Article III of the Miami-Dade County Code
and section 553.73(5), F. S., is formatting that requirement to coordinate with the Florida
Building Code; and
WHEREAS, the City Commission is adopting a change to require accumulation
of costs of improvements and repairs of buildings in all flood zones based on building
permits issued over a five (5) year period for the purpose of participating in the National
City of Aventura Ordinance No. 2022-
Flood Insurance Program's Community Rating System and, pursuant to section
553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building
Code; and
WHEREAS, the City Commission has determined that it is in the public interest
to adopt the proposed floodplain management regulations with the Florida Building Code
and that the proposed amendments are not more stringent than necessary to address
the need identified, do not discriminate against materials, products or construction
techniques of demonstrated capabilities, are in compliance with section 553.73(4),
Florida Statutes; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest
of the City and the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:'
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. Repeal and Replacement. That Article IV, "Floods," of Chapter 30
of the Code of Ordinances of the City of Aventura, Florida, is hereby repealed in its
entirety as set forth in Exhibit "A," attached hereto and incorporated herein, and
replaced as set forth in Exhibit "B," attached hereto and incorporated herein.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word Ordinance shall be changed to Section or other appropriate word.
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by strikethrough.
Page 2 of 44
City of Aventura Ordinance No. 2022-
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or
parts of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Narotsky, who moved its
adoption on first reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Absent
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Rachel S. Friedland 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
Page 3 of 44
City of Aventura Ordinance No. 2022-
PASSED on first reading on this 4th day of January, 2022.
PASSED AND ADOPTED on second reading on this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 44
City of Aventura Ordinance No. 2022-
EXHIBIT A
Exhibit A Page 5 of 44
City of Aventura Ordinance No. 2022-
Chapter 30 — Environment
ARTICLE IV. — FLOODS
DIVISION 1 GENERALLY.
V
�SeGtiensrrs30 121 30_160 _ Res eNed.
DIVISION 2 FLOOD DAMAGE PREVENT!
�Sectien 30_161 Statutory authnrit d legislative findings,
(a)The Legislature of the State has iny�F.S „ h. 16�nv�an��n(��163 granted
the ouhUrriiity
an responsibility
to IGGal governmental-uni s,in � 1dinn Wit\/, to 7 1
t�general Vet av
regulations designed to prernete the publiG health, safety and
well as to adept development regulations Gentrnlling the use of land!
(b) The flood hazard areas of the City are subjeGt tG periediG inundation whiGh results
in less of life and property/0 health andsafety/ hazards disruption of d•nmmerd•e and!
0
governmental
extraordinary publiG expenditures for fleed preteGtien and
0
relief, and
all of whiGh
base,airment of the tax adversely aff8Gt the publiG0
safety and general welfare.
Eaus♦ -I�Creases in floodheightsand veleta ties, and by the GG UpanGy in flood
haza�eas by uses vulnerable floods or hazardous to other lands whlTGarre
elevated, 0
SeEtien 30 167 intent and purpose.
it is the purpose of this divisionto pr�rvmvicethe pu bliG health, safety and ggeeneraT
welfare and to minimize publiG and private losses due to flood Genditions in speGwfwG areas
by provisions designed to:
health,
safety and property due
to water or erosion hazards or which result in dlamaging inu easeseases in erosion nr
0
in flood heights or yelnd•ities-
0
floods,(2) Require that uses vulnerable to 0
be proteGted against flood darnage at the time of initial GenstruGtien or substa
imprn�/ement-
(3)Co Control the alteration of natural fleedln ? streannGannels, and natural
1-�--vr� —ry � arta� r
preteGtive harriers which are involved in the ad•d•nmmedlation of flood! waters-
0
filling,(4) Control dredging and other development whiGh rn-"
grading,
erosion or flood 0 0
(5) Prevent or regulate the GenstruGtien of flood barriers whiGh will unnaturally div
flood waters or which may/ indrease flood hazards to other lands
This dwvwsw be a ministered and enf9FGed in GenjunGtion with
prn�/icings of Florida Building Code as amended from time to time.
� G"rJ'Z7TTT IiZITVITr
Cedtinn `20L163 Objed•tiyes
Th�bjeG of division are-
(!) To preteGt human life and health-
0
(2) To minimise expendliture of pu bliG money for d•nsth/ flood! Gentrel prnieGttS
0
Exhibit A Page 6 of 44
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City of Aventura Ordinance No. 2022-
may delegate perfermanGe of Gertain duties to other employees
f9r Gc)nStrUGtwng or substantially i . . - StrUGtUre shall be made to the city
Manager on forms furnished by the City Manager's GffwGe prier to any devele'
aGtwvwtwes0 and 0 but not be limited 0
nature, the following plans in duPliGate-
and elevations of the area
0 dimensions,
in twoT, axsting or proposed StractUre? earthen fill, of materials or
equipment, drainage faGilities, and the IGGation of the foregoing. SpeGwfw ally, the
following information is required:
(1) /1 nnlina+inn skVe
a-.- Elevation in reltf8 ntG nl(_\m of erl proposd! I..�r-lower leer, eer the lowest
�Gf
.- �rfaGe of any heating er air Genditiening d!UGt werk installed belew the le\A/est
floor0 or the lowest horizontal supporting member in a Geastal high hazard! area
(V Zone), of all proposedbuildings or substantial improvements-
0
h Elevatwen in rela�n to nl(`_VD to whiGh any proposer! building or s��bstantial
A. �Gf 7lTT-f TT �Y�Y� �VTTT TTi.TCGf7TRG1T
im �criT of Inter! in a Geastal ham„ hazard! area !\/ zone), will be
f�����r�,,�,,� l�Q CG�f7T-GT GriJ -ffGfGUTC�GIT"`^ �� TT
floodp eefedi
n Signed! sealer! Gee^ Gate separate from submitted plans from a
���\�7 Signed,cc��ccrrcc�c �`"'tr'''ura rrv�T� T�nTr `"'``"" plans,����`"'�rrvrrr-cr
registered professional engineer or arGhwteGt that the floodpreefed building WWII
meet the fleedlpreefing Griteria in this diyisien-
rJ Signed! sealer! Gee^ Gate separate from submitted plans from a
ate---.Signed,�.cc��ccrrcc�c �`"'tr'''ura rrv�T� T�nTr `"'``"" tr�'' ``^^�'��`"'�rrvrrr-cr
registered professional engineer or arGhiteGt that a new or substantially
r rvnu� ccr-v�crr Tccc�ciTur�rrr..�-aTrr
impreyed! building IeGated in the Geastal high hazard! area (V Zone) �niill meet
the GenstrUGtien standards Gentained in section 30 1 6 7- G\-
0
e. DeSGrptwoin of the whiGh any aterGOUrse swamp marsh lake-,-Gr
pond will he altered! releated! Or Greate as result of proposer! Genstr��Gtien
0 d• 0 r! 0
waterGOUrses will he maintained; and!
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f Desarwp�n of tripe tent and depth f proposed! fill and the ele /otn in
"I�l.i� 't7 Tr-vr � C�Q GZITTTZ.lTfC7- �Gf TTITf
relation to nlGVD of the top surfaGe of the fill. and
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gg. DaSarwptwoin ofr the type, extent, and of proposed eXGavatwonn in relatto NGVD;
h.Plot nlan_tG SGa a illustrating nQCations of all proposed GenStWGtwen, Pr
eXGayatingo andother aspeGts of the development.
i Copy of the proposed stermwater management report and fleedlplain studlyi if
o
any, Gnmplete with teGhnid•al supporting dlata
o
i Grading and drainage plans
k. Upon request, stermwater management plans.
I in A zones,�r the ohsanGe of FEMA hose flo d elevation
data
data, available data may be ensiderp e as tt-1 e bases for—el v0tin9
reswdentwal StrUGtU es to or abode hose flood leveldl r fleepreefing er
0
elevating nonresidential struGtures to or abode hose flood level
m. WTthwnAEzoneTwithout a designatedw development pmentt shallno.tt
be perrmittedunlessit is the GU Udative eef eGt of all post
and preieGted development will not inGrease the hose flood elevation h�i more
than one feet
Exhibit A Page 13 of 44
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City of Aventura Ordinance No. 2022-
h�y�Jtatin and hyrlred ynamin leads and the eff8Gt f b o yann�Tppister-
prefessienal engineer er arGhita�hall nortify that the this
register-
professional uric"� �! standards �
subseGtwen are satisfied. SUGh GertifiGation shall be provided to the OffiGial as set
forth in sentien 30 166(G)(4).
(3) Elevated buildings. NeW GenStFUGtwen or substantial improvements of elevated
buildings that inGlude fully endesed areas formed by foundation and other exte '_
walls below the base flood elevation shall be designed to predude finished lwvk:ig
sspaaGe�mhall he designed to allow for_the entry and exit of fleedwatcrs to
autematinally equalize hyrlrestatin flood ferr•es on exterior walls
a. Desgnsf�9F GOr plyi ny--vvrth this requirement must he nertified by-a
professional engineer er arnhitent er meet the following minimUm nriteria-
'I Dreywde a minims rn of ope
nings
two � n walls or doers) having a total net
a areai. -not not than one square w Gh for every square feet of crrF eyed
area su bjent to flooding;
2. The bettern of all openings shall he no higher than one feet above grarle-
an-d-
3. Openings may be equipped tlVwtcrhrSGraars, lvuavars,vali-vca or vtttar
GOverings or deYl they permit the a ItOrnatIV lGW 07
floodwaters in loth rlirentinns
p.ce.. ss to tk—en-lesed--area-shall be theminimum neGessarryto allow fe
parking of vehwG!es (garage door) or limited storage of maintenanGe equipment
used in nennentien with the premises (standard exterior door) or entry to the
living area (stairway or elevator).
G. The interior portion of s� Gh wades area not be or finisher!
���rrrc rrv-r�a urrrrvc� crcronca�rm cG
into separate rooms
d.Usee OfSaah endsed areas shall be limited to parking storage, and build ng
aGG8SS..
/A\ AAanufadured homes and renreatienal vehinles
division,a. All rnanufaGtUred hernes plaGed within the City must meet all the ts
for new reswdentwal GonStFUGtwon Gentained in this
inGluding installation
on permanent foundation systems elevation and annhering At mini a
permanent foundation systern shallerstitute rafnfvvrceed-piers PiaGod own
poured footings, or foundation
vt� r me lents of equivalent treng} TnTm- y
arlrlitiens to manufantUred homes su bjent to prn�yisinns of this su bsentien shall
auks be Gensidered-neW Ge-nstruEfien and must therefore cvmpI� it hthe
re ' �ireme its of this division innlu ding elevation requirements
p�iiTac-reationnal vehw aGed-on--site�t-afther-
1. Bef�Taesed and ready for highway use, er
2 The reareaational �y�� must mull thereq requirements for new
z:rr��rc rra�� �ra�n�a. ccfa�r —rv-r-rrGvr
enStruEtfenn, wnG!Udi�a�arng anGhering and elevation requirements nf thi?
d wywsien
rr arv-r�rv -
A reGFeatwonalvahwG!e is readyfor highway use if its n�? heeells or
jaGking systen,, isattaGhed-to the site enly by quwGk dwS enrrneGtTypc utilities
and senUrity devises and has no permanently attanhed strUntUres
re . ireme it of sentien 30 167/h\ provided the following nriteria are met-
e '
Exhibit A Page 17 of 44
City of Aventura Ordinance No. 2022-
ca The StFUGtUre IS-not-used for human habitation, in^ ding GGGU annoy as_a�
eye cplaGe for-extended-peririnaoftime;
h The str��GtU Ti is designer! and Genstr��Gted—So as to have a low potential fnr
p���.rcra Inca--ar-rcr rrscra -crr- potential
dam�eduring a floor! (e.g.,
using flood resistant mate-asp. provided in
FCMA FeGhnwGalr Bulletin #88_2 and any subsequent-rep�ic�.rthercto)-l-
flow of floodwaters (e n parallel to o ct� om pern Gulor to t��noon\-
c floodwaters �ti- ,�arcrrrcr err may r�r'rPcrP rar c�urr�
ad The StFUGtUre is firmly on�vred to prevent flotation, per seGtwon 30_167/o\/4\,
e.All eEeGtFwGa sew+Ge, hcat+ngIGG le,;rngequipmern*,adother rneGhanwG-al er
eteGtFwGal equipment iselevated above the btea elevation, or is
flnn onfred Onp_p _fault wnterr�owFoU+t may he installed below the
base fleed w" ,
and all Gc)nStFUGtwc)n below that elevatwen shall be of flood
resistant materials
(6) Temporary StFUGtures. Certain types Of StFUGtUres ., fruit stands,
site +nes\ may he sited temporarily on property without having to nnmply With
the general standards of seGtwo 67(o) er thelevation standard cctf8n
30 167(b), provided the following nriteria are met-
ca The StFUGtU^e is mobile OF eon he merle so, and Gapohl ofb i ad
from rthe swte wwt h a minims rn of 36 hours warning
b.The StFUGtUree does not have on approval to remain onr the property fnr more
than 180 days-.-
G. The a appprliGant submits a plan for the remoya�al of the StcFUGtUre Gentaining the
following dOG rnentotion
1. The name address phone number and ererge `yGentaCt point of the
i ndiyidual responsible for theremoyal of the Str� Gt.U^e
`..rnrvr- vurvr true
z2 Tr�ie �at which t�tFUGtU^e will be r oyed (i.e., o minims rn of 72
hours in adyanne of the prejented landfall of a hUrrinane\
`2 4 GE)PY of as Gentrant or other suitable le instrument with o try GkwnggCGm y
v�� rrcraG ry T� crarrrcrrc-vrrcrrcrcru
to ensure the availability of removal of t��tr� Gt�ire when needed together
r� cruccrn�wrrcrr-rrccacc�cv��crra�r
wwththe name, address, y and emergenG phone number of the responsible
try liking nGFnpan(��/y�y agent.
' /�(���yy� „ �/� (�/� }�/�
4Designation,� aGGEI panwedbydOGG�7T,fe,ntta�tion (e.g.,
signed
., Gensent of thee
pp,,..,,ropp'',, owner), of a site outside the City to "vyrhriG the StciUGtU^e will be
moved.
5.Signature�f appliGant�pp owner on whiGh the
s tuotu^e will be
pplraaGed and owner of the StFUGtUre, agreeing to abidey the terms of the
removal plan
A temperary development permit shall be issued when a temperary StruGture is
approved, and-tilt:expiration date shall l-be Gl orly marked the face of the
permit. original GOPY of the removal plan shall be to the pemmit-
and the dOGUrnirent*attt� }�.,shall b kept en file in Manager's City �g �T
o-frthe permit together with the removal plan, mall he provided by the owner to
the IGGal emergenG y management nnnrdinatnr
(d) Standards for subdivision proposals.
(1) All subdivision proposals shall he consistent with the need minimize ra�rarr�� rr�rrccrrr-wTcrr- �r�mrrrrr
dam
Exhibit A Page 18 of 44
City of Aventura Ordinance No. 2022-
(2) All subdivision proposals shall have pub!wG utilities and faGilities SUGh as sewer,
gas e!eEtr+c-al and water systems InGated and Genstr� Gted—to minimize floor!
ycr..�� i--arra--vrac"� "y"cGT7T �Q CG�TfC� ITiJCTQ TTmTffTG1�Q
dam
(` ) All subdivision proposals shall have adequate drainage provided to reduce
expose ire to flood hazards, and;
0
(4) Rase flood elevation and flood hazard area manning shall he provided in
AGE Ge wwth thws diyisinny� fo„r subdiyicinn nrn' ;als o�other n cca
developmenttltl- ii � th t greater a scar of 50 Into nr fide oGF8S_ t "t ""
((5) The hose flood boundary, fleedway andler V zone boundary if appllieehle and the
APpieehle hose flood elevation for the building site eaGh lot he nlear y
marker! on all reeAredchdiyision plots he they for residential nnmmernial nr
rrrarrcca�vrra-n-r �� residential, rcru�vr
in�trial
Qentinn 30 168 Variannes
(al The City Commission shall hear and de w e re for yarionGes from the
�z r�rr�n-a-n--rT��r �vr�arra-rr �rvrr�
reg��irements of this divisinn
(b)Any person agggfi y t ie deGisicr.ion of the City Commission may appeal aacn
daenis�� to the rm-l-l+t-rCA-urt,-as provided n the Florida Rules of Appellate
P OGedure.
(G) VarwanGes may be issued for the repair or rehabilitation of hwStGFwG StFUGtUres upon -a
deterc�atwen that the proposed will not pre ode the
minimurn to preservethe histe{TGehuraEter and design of the StciUGtUF8.
. ' requests,
the City Commission shall Gensider a!! teGhnwGal
e ations, all relevant all standards sppenified in other sent�ns of this
—air-r ac �—arr�� ccrrrca�rry cc rr...��r �
divisinn and-
,
(1) The danger that materials may he swept onto other lands to the injury y of others-
t.. rr other rrar�crr others;
�
r\ The danger t8 life and property due to flooding or eresion damage;
the effent of sUnh damage on the individual owner-
0
(4) The impnr anGe of the provided bythe proposed aCility t8 the
GOMmunity0
0
dependent fanility;
0
(6) The availability of alternative 0 damage,
forthe proposed use;
0
0
GOFnpatwbwlwty of the pr-posed use with existing and antiGipated development
(R\l�The relatio rship ofr the proposed use t8 the OMpreh a plan and flnnrlploin
management program for that area-
0
(9) The safety of anness to the property in times of flood for ordinary and emergenGy
yehinles-
('1 0) The expected heights, veIGG ty duration, a of rise and sediment
transport of the floodwaters and the eff8GtS of wave aGtion, if appliGable, xpe-ted
at the site; and
(1 1) The eASts of providing governmental s Nieas during and after fleed
as sewer, gas, elentrinal0 and water systems, and streets and bridges
Exhibit A Page 19 of 44
City of Aventura Ordinance No. 2022-
(e) Upen Gensideration of the faGtC)FS listed above, and the purposes of this division, the
City Commission may attaGh SUGh Gonditio;s to the grantingof yarianGesast
deems nenessary to further the purposes of this division
(f) Conditions for yariannes-
(1\ \�1�-va-riarnrGeGshall only he issued upon a determination t yar�TGe is the
minimum neGessaryy, GGnsideri� flood to afford relief- and in the ar� i-r..rr�`"'��������y� card -anvrcr-r c�ana�rw nstanGe of a hwStOrwGal building, a determination that the varwanGe is the minimum
nenessary so as not to destroy the histnrin nharanter and design of the b gilding
(2) Variannes shall only he issued upon-
pa. A showing of good and SUf iGient Gc�-� �1 } �� p�/ ��/'�b�Qe_terGTm�lnatwen t f�']1�TI11eto n��the yarwanGe would
result in eXGe ptwo
hardship- an d!
0
G. A determination that the granting of a varwanGe will not result in inGreased fie
heights, additionalthreats to pub safety, extraordinary nllhlin expense,
Graaate nuisanGe, Ga lse fraud en Or ViGtim'r'catiornrnafrthe nl b"G orrGo rf!wGt with
existing IGGal laws nr ordinannes
(3) Any appliGanrt to whom a yarianGe is granted shall be given written rnrotiGc
speGwfywng the differenGe between the base fleed elevation and elevation to
whiGh the building is to be built and stating that the GE)St of fleed insuranGe will
GOrnmensurate with the+nGreased risk resulting f� m the redUGed lam,�st fl
elevation
(4) T�Cit�y�Manager hurll maintain theZrecnrds of all variances and r eport any
yariannes to the Federal EmergenG y Management 4genG y upon request.
Condon 3(1_169 Administrative anneals
requirement,(a) The City Commission shall hear and deGwde appeals when it is alleged there is
deGision or determination made by the City Manager in
administration of this dwywsinn
(b) Any person aggrieved by the denisicrriornr of the City (y Gernmisissinn mo�y onoealSgGh
de^isvTsion to thV p771rGUi�nourt� n�Qe�n the Florid Rllles nf�4ppnpellute
D OGedure.
(G) The City Manager shall maintain the reGOrds of all appeal aGtwc)ns under this seGtwc)n.
Qentinn 30 170 Repeal of nnnflinting preywsinns
All provisions of the Code ofT Metropolitan (lade County mad appliGable�to thee
City by artide 0
seGtwon 8.03 of the City Charter whiGh are in Gonf!wGt with this division
are hereby repealer!
Exhibit A Page 20 of 44
City of Aventura Ordinance No. 2022-
EXHIBIT B
Exhibit B Page 21 of 44
City of Aventura Ordinance No. 2022-
Chapter 30 — Environment
ARTICLE IV. — FLOODS
DIVISION 1 — FLOODPLAIN MANAGEMENT ADMINISTRATION.
Section 30-121. - General.
(a) Title. These regulations shall be known as the Floodplain Management Ordinance of
the City of Aventura.
(b) Scope. The provisions of this article shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of land:
filling, grading, and other site improvements and utility installations: construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of
buildings, structures, and facilities that are exempt from the Florida Building Code:
installation or replacement of tanks- installation of swimming pools: and any other
development.
(c) Intent. The purposes of this article and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and
private losses due to flooding through regulation of development in flood hazard areas
to:
(1) Minimize unnecessary disruption of commerce, access and public service during
times of flooding:
(2) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage:
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase
flood damage or erosion potential:
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain:
(5) Minimize damage to public and private facilities and utilities:
(6) Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas:
(7) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events: and
(8) Meet the requirements of the National Flood Insurance Program for City
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Exhibit B Page 22 of 44
City of Aventura Ordinance No. 2022-
(d) Coordination with the Florida Building Code. This article is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited.
ASCE 24 refers to the edition of the standard that is referenced by the Florida Building
Code.
(e)Warning. The degree of flood protection required by this article and the Florida Building
Code, as amended by the City, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and
will occur. Flood heights may be increased by man-made or natural causes. This article
does not imply that land outside of mapped special flood hazard areas, or that uses
permitted within such flood hazard areas, will be free from flooding or flood damage. The
flood hazard areas and base flood elevations contained in the Flood Insurance Study and
shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management
Agency, requiring the City to revise these regulations to remain eligible for participation
in the National Flood Insurance Program. No guaranty of vested use, existing use, or
future use is implied or expressed by compliance with this article.
(f) Disclaimer of Liability. This article shall not create liability on the part of the City, the
City Commission, or by any officer or employee thereof for any flood damage that results
from reliance on this article or any administrative decision lawfully made thereunder.
Section 30-122. -Definitions.
Unless otherwise expressly stated, the following words and terms shall, for the purposes
of this article, have the meanings shown in this section. Where terms are not defined in
this article and are defined in the Florida Building Code, such terms shall have the
meanings ascribed to them in that code. Where terms are not defined in this article or
the Florida Building Code, such terms shall have ordinarily accepted meanings such as
the context implies.
Accessory structure means a non-habitable, garage or storage building or structure on
a lot or parcel subordinate to and not forming an integral part of the main or principal
building, but pertaining to the use of the main building.
Appeal means a request for a review of the Floodplain Administrator's interpretation of
any provision of this article.
ASCE 24 means a standard titled Flood Resistant Design and Construction that is
referenced by the Florida Building Code. ASCE 24 is developed and published by the
American Society of Civil Engineers, Reston, VA.
Base flood means a flood having a 1-percent chance of being equaled or exceeded in
any given year. The base flood is commonly referred to as the "100-year flood" or the
I-percent-annual chance flood."
Base flood elevation (BFE) means the elevation of the base flood, including wave height,
relative to the National Geodetic Vertical Datum (NGVD). North American Vertical Datum
Exhibit B Page 23 of 44
City of Aventura Ordinance No. 2022-
(NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
Basement means the portion of a building having its floor subgrade (below ground level)
on all sides.
Coastal A Zone means an area within a special flood hazard area, landward of a V zone
or landward of an open coast without mapped coastal high hazard areas. In a coastal A
zone, the principal source of flooding must be astronomical tides, storm surges, seiches
or tsunamis, not riverine flooding. During the base flood conditions, the potential for
breaking wave height shall be greater than or equal to 1 '/2 feet (457 mm). The inland
limit of the Coastal A Zone is (a) the Limit of Moderate Wave Action if delineated on a
FIRM, or (b) designated by the City.
Coastal construction control line means the line established by the State of Florida
pursuant to section 161.053, F.S., and recorded in the official records of the City, which
defines that portion of the beach-dune system subject to severe fluctuations based on a
100-year storm surge, storm waves or other predictable weather conditions.
Coastal high hazard area means a special flood hazard area extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject
to high velocity wave action from storms or seismic sources. Coastal high hazard areas
are also referred to as "high hazard areas subject to high velocity wave action" or W
Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30. VE.
or V.
Design flood means the. The flood associated with the greater of the following two areas-
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any
year: or
(2) Area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
Design flood elevation means the elevation of the "design flood." including wave height.
relative to the datum specified on the City's legally designated flood hazard map. In
areas designated as Zone AO, the design flood elevation shall be the elevation of the
highest existing grade of the building's perimeter plus the depth number (in feet)
specified on the flood hazard map. In areas designated as Zone AO where the depth
number is not specified on the map, the depth number shall be taken as being equal to
2 feet.
Development means any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks, temporary structures,
temporary or permanent storage of equipment or materials, mining, dredging, filling,
grading, paving, excavations, drilling operations or any other land disturbing activities.
Exhibit B Page 24 of 44
City of Aventura Ordinance No. 2022-
Existinq building and existing structure means any buildings and structures for which the
"start of construction" commenced before September 29, 1972.
Federal Emergency Management Agency (FEMA) means the federal agency that, in
addition to carrying out other functions, administers the National Flood Insurance
Program.
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land from-
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials mean any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining any
damage that requires more than cosmetic repair.
Flood hazard area means the greater of the following two areas-
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding
in any year.
(2) The area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM) means the official map of the City on which the
Federal Emergency Management Agency has delineated both special flood hazard
areas and the risk premium zones applicable to the City.
Flood Insurance Study (FIS) means the official report provided by the Federal
Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map (if applicable), the water surface elevations of the base
flood, and supporting technical data.
Floodplain Administrator means the office or position designated and charged with the
administration and enforcement of this article (may be referred to as the Floodplain
Manager).
Floodplain development permit or approval means an official document or certificate
issued by the City, or other evidence of approval or concurrence, which authorizes
performance of specific development activities that are located in flood hazard areas and
that are determined to be compliant with this ordinance.
Florida Building Code means the family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Exhibit B Page 25 of 44
City of Aventura Ordinance No. 2022-
Functionally dependent use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, including only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, the term does not include
long-term storage or related manufacturing facilities.
Highest adiacent grade means the. The highest natural elevation of the ground surface
prior to construction next to the proposed walls or foundation of a structure.
Historic structure means any structure that is determined eligible for the exception to the
flood hazard area requirements of the Florida Building Code, Existing Building, Chapter
12 Historic Buildings.
Letter of Map Change (LOMC) means an official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include-
(1) Letter of Map Amendment (LOMA): An amendment based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map
and establishes that a specific property, portion of a property, or structure is not
located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may
show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a
structure or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer located within the special flood hazard area. In order
to qualify for this determination, the fill must have been permitted and placed in
accordance with the City's floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment
as to whether a proposed flood protection project or other project complies with
the minimum NFIP requirements for such projects with respect to delineation of
special flood hazard areas. A CLOMR does not revise the effective Flood
Insurance Rate Map or Flood Insurance Study, upon submission and approval of
certified as-built documentation, a Letter of Map Revision may be issued by FEMA
to revise the effective FIRM.
Lowest floor means the lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other than
a basement, usable solely for vehicle parking, building access or limited storage provided
that such enclosure is not built so as to render the structure in violation of the non-
elevation requirements of the Florida Building Code or ASCE 24.
Market value means the price at which a property will change hands between a willing
buyer and a willing seller, neither party being under compulsion to buy or sell and both
having reasonable knowledge of relevant facts. As used in this article, the term refers
to the market value of buildings and structures, excluding the land and other
Exhibit B Page 26 of 44
City of Aventura Ordinance No. 2022-
improvements on the parcel. Market value may be established by a qualified
independent appraiser. Actual Cash Value (replacement cost depreciated for age and
quality of construction), or tax assessment value adjusted to approximate market value
by a factor provided by the Property Appraiser.
New construction means for the purposes of administration of this article and the flood
resistant construction requirements of the Florida Building Code, structures for which the
"start of construction" commenced on or after September 29, 1972 and includes any
subsequent improvements to such structures.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Special flood hazard area means an area in the floodplain subject to a 1 percent or
greater chance of flooding in any given year. Special flood hazard areas are shown on
FIRMs as Zone A. AO, Al-A30, AE, A99, AH, V1-V30. VE or V.
Start of construction means the date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within 180
days of the date of the issuance. The actual start of construction means either the first
placement of permanent construction of a building on a site, such as the pouring of slab
or footings, the installation of piles, or the construction of columns. Permanent
construction does not include land preparation (such as clearing, grading, or filling), the
installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main buildings.
For a substantial improvement, the actual "start of construction" means the first alteration
of any wall, ceiling, floor or other structural part of a building,whether or not that alteration
affects the external dimensions of the building.
Substantial damage means damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before-damaged condition
would equal or exceed 50 percent of the market value of the building or structure before
the damage occurred.
Substantial improvement means any combination of repair, reconstruction, rehabilitation,
alteration, addition, or other improvement of a building or structure taking place during a
five year period, the cumulative cost of which equals or exceeds 50 percent of the market
value of the building or structure before the improvement or repair is started. The period
of accumulation begins when the first improvement or repair of each building is permitted
after February 15, 2021. If the structure has incurred "substantial damage." any repairs
are considered substantial improvement regardless of the actual repair work performed.
The term does not, however, include either:
(1) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are
the minimum necessary to assure safe living conditions.
Exhibit B Page 27 of 44
City of Aventura Ordinance No. 2022-
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
(3) Repairs for damage from any origin which are determined to be less than
substantial damage.
Variance means a grant of relief from the requirements of this article, or the flood
resistant construction requirements of the Florida Building Code, which permits
construction in a manner that would not otherwise be permitted by this article or the
Florida Building Code.
Section 30-123. - Applicability.
(a) General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
(b) Areas to which this article applies. This article shall apply to all areas of the City of
Aventura.
(c) Basis for establishing flood hazard areas. The Flood Insurance Study for Miami-
Dade County. Florida and Incorporated Areas dated September 11, 2009, and all
subsequent amendments and revisions, and the accompanying Flood Insurance Rate
Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted
by reference as a part of this article and shall serve as the minimum basis for establishing
flood hazard areas. Studies and maps that establish flood hazard areas are on file at the
City of Aventura Government Center, 19200 West Country Club Drive.
(d) Other laws. The provisions of this article shall not be deemed to nullify any provisions
of local, state, or federal law.
(e) Abrogation and greater restrictions. This article supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to
repeal or abrogate any existing ordinances including but not limited to land development
regulations, zoning ordinances, stormwater management regulations, or the Florida
Building Code. In the event of a conflict between this article and any other ordinance,
the more restrictive shall govern. This article shall not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be
governed by this article.
(f) Interpretation. In the interpretation and application of this article, all provisions shall
be:
(1) Considered as minimum requirements:
(2) Liberally construed in favor of the governing body: and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Section 30-124. - Duties and Powers of the Floodplain Administrator.
Exhibit B Page 28 of 44
City of Aventura Ordinance No. 2022-
(a) Designation. The City Manager's designee shall serve as the City's Floodplain
Administrator. The City's Floodplain Administrator shall be a certified floodplain manager
and shall maintain floodplain management certification at all times while serving as the
City's Floodplain Administrator. The Floodplain Administrator may delegate performance
of certain duties to other employees provided such employees obtain and maintain
certified floodplain manger certification from the Association of State Floodplain
Managers. Inc.
(b) General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this article. The Floodplain Administrator shall have the
authority to render interpretations of this article consistent with the intent and purpose of
this article and may establish policies and procedures in order to clarify the application
of its provisions. Such interpretations, policies, and procedures shall not have the effect
of waiving requirements specifically provided in this article without the granting of a
variance pursuant to Section 30-128 of this article.
(c) Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the City, shall-
(1) Review applications and plans to determine whether proposed new development
will be located in flood hazard areas:
(2) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this article:
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries: a person contesting the determination
shall have the opportunity to appeal the interpretation:
(4) Provide available flood elevation and flood hazard information:
(5) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant:
(6) Review applications to determine whether proposed development will be
reasonably safe from flooding:
(7) Issue development permits for development other than buildings and structures
that are subject to the Florida Buildinq Code, including buildings, structures and
facilities exempt from the Florida Buildinq Code, when compliance with this article
is demonstrated, or disapprove the same in the event of noncompliance: and
(8) Coordinate with and provide comments to the Buildinq Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood
hazard areas comply with the applicable provisions of this article.
(d) Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other
Exhibit B Page 29 of 44
City of Aventura Ordinance No. 2022-
improvement of or work on such buildings and structures, the Floodplain Administrator,
in coordination with the Building Official, shall-
(1) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work: in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made:
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure:
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage, the determination requires
evaluation of previous permits issued for improvements and repairs as specified
in the definition of"substantial improvement", and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this article is
required.
(e) Modifications of the strict application of the requirements of the Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that
seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such
requests require the granting of a variance pursuant to Section 30-128 of this article.
(f) Notices and orders. The Floodplain Administrator shall coordinate with appropriate
local agencies for the issuance of all necessary notices or orders to ensure compliance
with this chapter.
(q) Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 30-127 of this article for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida
Building Code. The Floodplain Administrator shall inspect flood hazard areas to
determine if development is undertaken without issuance of a permit.
(h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering
and documenting determinations of substantial improvement and substantial
damage made pursuant to Section 30-124(d) of this article.
(2) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information
necessary to maintain the Flood Insurance Rate Maps if the analyses propose to
Exhibit B Page 30 of 44
City of Aventura Ordinance No. 2022-
change base flood elevations, or flood hazard area boundaries: such submissions
shall be made within 6 months of such data becoming available.
(3) Review required design certifications and documentation of elevations specified
by this article and the Florida Buildinq Code to determine that such certifications
and documentations are complete.
(4) Notify the Federal Emergency Management Agency when the corporate
boundaries of the City are modified.
(5) Advise applicants for new buildings and structures, including substantial
improvements, that are located in any unit of the Coastal Barrier Resources
System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and
the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood
insurance is not available on such construction, areas subject to this limitation are
identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System
Areas" and "Otherwise Protected Areas."
(h) Floodplain management records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and
Permanently keep and make available for public inspection all records that are necessary
for the administration of this article and the flood resistant construction requirements of
the Florida Buildinq Code, including Flood Insurance Rate Maps: Letters of Map Change,
records of issuance of permits and denial of permits, determinations of whether proposed
work constitutes substantial improvement or repair of substantial damage: required
design certifications and documentation of elevations specified by the Florida Buildinq
Code and this article, notifications to adjacent communities, FEMA, and the state related
to alterations of watercourses, assurances that the flood carrying capacity of altered
watercourses will be maintained, documentation related to appeals and variances,
including justification for issuance or denial, and records of enforcement actions taken
pursuant to this article and the flood resistant construction requirements of the Florida
Buildinq Code. These records shall be available for public inspection at the City of
Aventura Government Center, 19200 West Country Club Drive.
Section 30-125. - Permits.
(a) Permits required. Any applicant who intends to undertake any development activity
within the scope of this article, including buildings, structures and facilities exempt from
the Florida Buildinq Code, which is wholly within or partially within any flood hazard area
shall make application to the City and shall obtain the required permit(s) and
approval(s).No such permit or approval shall be issued until compliance with the
requirements of this article and all other applicable codes and regulations has been satisfied.
(b) Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this article for any development activities not subject
to the requirements of the Florida Buildinq Code, including buildings, structures and
facilities exempt from the Florida Buildinq Code. Depending on the nature and extent of
proposed development that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit is required in addition to a building
Exhibit B Page 31 of 44
City of Aventura Ordinance No. 2022-
permit.
(c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant
to the requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Sections 59 and 60), floodplain development permits shall be
required for the following buildings, structures and facilities that are exempt from the
Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this article-
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S..
which are directly involved in the generation, transmission, or distribution of
electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means
an open-sided wooden but that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site and
have walls, roofs, and a floor constructed of granite, marble, or reinforced
concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
(9) Structures identified in section 553.73(10)(k). F.S., are not exempt from the
Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps
(d) Application for a permit or approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the
City. The information provided shall-
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and
definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section
30-126 of this article.
(5) State the valuation of the proposed work.
Exhibit B Page 32 of 44
City of Aventura Ordinance No. 2022-
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
(e) Validity of permit or approval. The issuance of a floodplain development permit
pursuant to this article shall not be construed to be a permit for, or approval of, any
violation of this article, the Florida Building Codes, or any other ordinance of the City.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction
of errors and omissions.
(f) Expiration. A floodplain development permit shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested
in writing and justifiable cause shall be demonstrated.
(q) Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit if the permit was issued in error, on the basis of
incorrect, inaccurate or incomplete information, or in violation of this article or any other
ordinance, regulation or requirement of the City.
(h) Other permits required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
(1) The South Florida Water Management District: section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems:
section 381.0065, F.S. and Chapter 64E-6. F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of
the coastal construction control line: section 161.041, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit: section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of
Engineers: Section 404 of the Clean Water Act.
(6) Federal permits and approvals.
Section 30-126. - Site Plans and Construction Documents.
(a) Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this article shall be drawn
to scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas and flood zone(s), base flood elevation(s), and
Exhibit B Page 33 of 44
City of Aventura Ordinance No. 2022-
ground elevations if necessary for review of the proposed development.
(2) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures:
(3) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(4) Where the placement of fill is proposed, the amount, type, and source of fill
material: compaction specifications: a description of the intended purpose of the
fill areas: and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
(5) Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
(6) Extent of any proposed alteration of sand dunes or mangrove stands, provided
such alteration is approved by the Florida Department of Environmental
Protection.
The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this article but that are not
required to be prepared by a registered design professional if it is found that the nature
of the proposed development is such that the review of such submissions is not
necessary to ascertain compliance with this article.
(b) Additional analyses and certifications. For activities that propose to alter sand dunes
or mangrove stands in coastal high hazard areas (Zone V), the applicant shall have an
engineering analysis that demonstrates the proposed alteration will not increase the
potential for flood damage. The analysis shall be signed and sealed by a Florida licensed
engineer and submitted with the site plan and construction documents.
(c) Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an
application, the applicant has the right to seek a Letter of Map Change from FEMA to
change the base flood elevations or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be
Prepared by a Florida licensed engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant.
Section 30-127. - Inspections.
(a) General. Development for which a floodplain development permit is required shall
be subject to inspection.
(b) Development other than buildings and structures. The Floodplain Administrator shall
inspect all development to determine compliance with the requirements of this article
and the conditions of issued floodplain development permits.
Exhibit B Page 34 of 44
City of Aventura Ordinance No. 2022-
(c) Buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this article and
the conditions of issued floodplain development permits.
(d) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor
inspection. Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain
Administrator the certification of elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor.
(e) Buildings, structures and facilities exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner's authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of the lowest floor
or final documentation of the height of the lowest floor above the highest adjacent grade:
such certifications and documentations shall be prepared as specified in Section 30-
127(d) of this article.
Section 30-128. - Variance and Appeals.
(a) General. The City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of this article. Pursuant to section
553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood resistant construction
requirements of the Florida Building Code. This section does not apply to section 3109
of the Florida Building Code, Building.
(b) Appeals. The City Commission shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the administration and enforcement of this article. Any person aggrieved
by the decision may appeal such decision to the Circuit Court, as provided by Florida
Statutes.
(c) Limitations on authority to grant variances. The City Commission shall base its
decisions on variances on technical justifications submitted by applicants, the
considerations for issuance in Section 30-128(f) of this article, the conditions of issuance
set forth in Section 30-128(g) of this article, and the comments and recommendations of
the Floodplain Administrator and the Building Official. The City Commission has the right
to attach such conditions as it deems necessary to further the purposes and objectives
of this article.
(d) Historic buildings. A variance is authorized to be issued for the repair, improvement,
or rehabilitation of a historic building that is determined eligible for the exception to the
flood resistant construction requirements of the Florida Building Code, Existing Building,
Chapter 12 Historic Buildings, upon a determination that the proposed repair,
improvement, or rehabilitation will not preclude the building's continued designation as
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City of Aventura Ordinance No. 2022-
a historic building and the variance is the minimum necessary to preserve the historic
character and design of the building. If the proposed work precludes the building's
continued designation as a historic building, a variance shall not be granted and the
building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Buildinq Code.
(e) Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally
dependent use, as defined in this article, provided the variance is the minimum
necessary considering the flood hazard, and all due consideration has been given to use
of methods and materials that minimize flood damage during occurrence of the base
flood.
(f) Considerations for issuance of variances. In reviewing requests for variances, the
City Commission shall consider all technical evaluations, all relevant factors, all other
applicable provisions of the Florida Building Code, this article, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage:
(2) The danger to life and property due to flooding or erosion damage-
(3) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners:
(4) The importance of the services provided by the proposed development to the City:
(5) The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion:
(6) The compatibility of the proposed development with existing and anticipated
development:
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area:
(8) The safety of access to the property in times of flooding for ordinary and
emergency vehicles:
(9) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable, expected
at the site: and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, streets and bridges.
(q) Conditions for issuance of variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this article or the required elevation standards:
(2) Determination by the City Commission that:
Exhibit B Page 36 of 44
City of Aventura Ordinance No. 2022-
(a) Failure to grant the variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable,
provided however that increased costs to satisfy the requirements of this
article or inconvenience do not constitute hardship:
(b) The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create
nuisances, cause fraud on or victimization of the public or conflict with
existing local laws and ordinances: and
(c) The variance is the minimum necessary, considering the flood hazard, to
afford relief:
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall
be recorded in the Office of the Clerk of the Court in such a manner that it appears
in the chain of title of the affected parcel of land: and
(4) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a
copy in the record of a written notice from the Floodplain Administrator to the
applicant for the variance, specifying the difference between the base flood
elevation and the proposed elevation of the lowest floor, stating that the cost of
federal flood insurance will be commensurate with the increased risk resulting
from the reduced floor elevation (up to amounts as high as $25 for $100 of
insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
Section 30-129. - Violations.
(a) Violations. Any development that is not within the scope of the Florida Building Code
but that is regulated by this article that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this article, shall be
deemed a violation of this article. A building or structure without the documentation of
elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this article or the Florida Building Code is presumed to be a
violation until such time as that documentation is provided.
(b) Authority. For development that is not within the scope of the Florida Building Code
but that is regulated by this article and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of
the property involved, to the owner's agent, or to the person or persons performing the
work.
(c) Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person
is directed to perform to remove or remedy a violation or unsafe condition, shall be
subject to penalties as prescribed by law.
Exhibit B Page 37 of 44
City of Aventura Ordinance No. 2022-
(c) Penalties for violation. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person
is directed to perform to remove or remedy a violation or unsafe condition, shall be
subject to penalties as prescribed under Section 2-343 of the City Code. Each day such
violation continues shall be considered a separate offense. Nothing contained herein
shall prevent the floodplain administrator from taking such other lawful actions as are
necessary to prevent or remedy any violation.
DIVISION 2. - FLOOD RESISTANT DEVELOPMENT
Section 30-141. - Buildings and Structures.
(a) Design and construction of buildings, structures and facilities exempt from the Florida
Building Code. Pursuant to Section 30-125(c) of this article, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement
or repair of substantial damage of such buildings, structures and facilities, shall be designed
and constructed in accordance with the flood load and flood resistant construction
requirements of ASCE 24. Structures exempt from the Florida Buildinq Code that are not
walled and roofed buildings shall comply with the requirements of Section 30-147 of this
article.
(b) Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also
located, in whole or in part, in a flood hazard area:
M Buildings and structures shall be designed and constructed to comply with the
more restrictive applicable requirements of the Florida Buildinq Code, Buildinq
Section 3109 and Section 1612 or Florida Buildinq Code, Residential Section
R322.
Minor structures and non-habitable major structures as defined in section 161.54,
F.S., shall be designed and constructed to comply with the intent and applicable
provisions of this chapter and ASCE 24.
(c) Specific methods of construction and requirements. Pursuant to Chapter 8 Article III
of the Miami-Dade County Code, the following specific methods of construction and
requirements apply:
(1) Elevation of buildings. For all buildings and structures, the minimum elevation
requirements are the elevations specified in the Florida Buildinq Code or 18
inches above the highest point of the adjacent road crown elevation, whichever is
higher.
(2) Cumulative Substantial Improvement. In the Florida Buildinq Code, Buildinq
and Florida Buildinq Code, Existing Buildinq, definitions for the term "Substantial
Improvement" shall be as follows:
SUBSTANTIAL IMPROVEMENT. For the purpose of determining
compliance with the flood provisions of this code, any combination of
repair, reconstruction, rehabilitation, alteration, addition or
Exhibit B Page 38 of 44
City of Aventura Ordinance No. 2022-
improvement of a building or structure taking place during a five year
period, the cumulative cost of which equals or exceeds 50 percent of
the market value of the structure before the improvement or repair is
started. The period of accumulation begins when the first
improvement or repair of each building is permitted after January 15,
2021. If the structure has sustained substantial damage, any repairs
are considered substantial improvement regardless of the actual
repair work performed. The term does not, however, include either:
(a) Any project for improvement of a building required to correct
existing health, sanitary or safety code violations identified by the
building official and that is the minimum necessary to assure safe
living conditions:
(b) Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a historic
structure:
(c) Repairs for damage from any origin which are determined to be
less than substantial damage.
(3) Limitations on Enclosures Under Elevated Buildings and Dwellings. Enclosed
areas shall: (a) have the minimum necessary access to allow for parking of
vehicles (garage door), limited storage of maintenance equipment used in
connection with the premises (standard exterior door), or entry to the elevated
building (stairway or elevator): and (b) not have the interior portion partitioned or
finished into separate rooms except for stairwells, ramps and elevators, unless
partitions are required by the fire code: and c) in coastal high hazard areas, be
enclosed by insect screening or open lattice. . The limitation on partitions does
not apply to load bearing walls interior to perimeter wall foundations
(crawlspaces).
(4) Detached accessory structures. Accessory structures are permitted below the
base flood elevation provided the accessory structures are used only for parking
or storage and:
(a) If located in special flood hazard areas (Zone A/AE) other than coastal high
hazard areas, are one-story and not larger than 600 sq. ft. and have flood
openings in accordance with Section R322.2 of the Florida Building Code.
Residential.
(b)Are anchored to resist flotation, collapse or lateral movement resulting from
flood loads.
(c) Have flood damage-resistant materials used below the base flood elevation
plus one (1) foot.
(d) Have mechanical, plumbing and electrical systems, including plumbing
fixtures, elevated to or above the base flood elevation plus one (1) foot, with
Exhibit B Page 39 of 44
City of Aventura Ordinance No. 2022-
the exception of no more than one switch and one outlet below the base flood
elevation if connected to a ground fault interrupt circuit breaker.
(5) All buildings and structures shall adhere to the stricter of either the state or
federal elevation requirement.
(d) Temporary structures. Certain types of structures (e.g., fruit stands, construction-site
offices) may be sited temporarily on property for not more than 180 days without having
to comply with the anchoring, elevation and other requirements for buildings provided
the following criteria are met-
(1) The structure is mobile, or can be made so, and is capable of being
removed from the site with a minimum of 36 hours warning.
(2) The applicant submits a plan for the removal of the structure, containing
the following documentation:
a. The name, address, phone number and emergency contact point of the
individual responsible for the removal of the structure.
b. The time at which the structure will be removed (i.e., a minimum of 72
hours in advance of the projected landfall of a hurricane).
c. A copy of a contract or other suitable instrument with a trucking company
to ensure the availability of removal of the structure when needed, together
with the name, address, and emergency phone number of the responsible
trucking company agent.
d. Designation, accompanied by documentation (e.g., signed consent of the
Property owner), of a site outside the City to which the structure will be moved.
e. Signatures of the applicant, property owner on which the structure will be
placed, and owner of the structure, agreeing to abide by the terms of the
removal plan.
(3) Upon review and approval by the Floodplain Administrator, the permittee
shall provide a copy of the permit and removal plan to the local emergency
management coordinator.
Section 30-142. - Subdivisions.
(a) Minimum requirements. Subdivision proposals shall be reviewed to determine that-
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding:
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage: and
(3) Adequate drainage is provided to reduce exposure to flood hazards: in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around
and away from proposed structures.
Exhibit B Page 40 of 44
City of Aventura Ordinance No. 2022-
(b) Subdivision plats. Where any portion of proposed subdivisions lies within a flood
hazard area, the following shall be required-
(1) Delineation of flood hazard areas and flood zones, and design flood elevations,
as appropriate, shall be shown on preliminary plats: and
(2) Compliance with the site improvement and utilities requirements of Section 30-
143 of this article.
Section 30-143. - Site Improvements. Utilities, and Limitations.
(a) Minimum requirements. All proposed new development shall be reviewed to
determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding:
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage: and
(3) Adequate drainage is provided to reduce exposure to flood hazards: in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around
and away from proposed structures.
(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on
site waste disposal systems shall be designed in accordance with the standards for
onsite sewage treatment and disposal systems in Chapter 64E-6. F.A.C. and ASCE 24
Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and
discharge from the facilities into flood waters, and impairment of the facilities and
systems.
(c) Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-
532.500. F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the systems.
(d) Limitations on placement of fill. Subject to the limitations of this article, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood-related
erosion and scour. In addition to these requirements, if intended to support buildings and
structures (Zone A only), fill shall comply with the requirements of the Florida Building
Code.
(e) Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In
coastal high hazard areas and Coastal A Zones, alteration of sand dunes and mangrove
stands shall be permitted only if such alteration is approved by the Florida Department
of Environmental Protection and only if the engineering analysis required by Section 30-
126(b) of this article demonstrates that the proposed alteration will not increase the
Exhibit B Page 41 of 44
City of Aventura Ordinance No. 2022-
potential for flood damage. Construction or restoration of dunes under or around
elevated buildings and structures shall comply with Section 30-147(e) of this article.
Section 30-144. - Manufactured Homes.
Manufactured homes shall(defined in 15C-1.0101. Florida Administrative Code) not be
permitted in the City.
Section 30-145. - Recreational Vehicles and Park Trailers.
Recreational vehicles and park trailers shall not be permitted in the City.
Section 30-146. - TANKS
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty.
(b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Section 30-146(c) of this article shall:
M Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas
and Coastal A Zones, provided the tanks are anchored or otherwise designed
and constructed to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty and the effects of
flood-borne debris.
Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones.
(c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the design flood elevation and attached to a supporting structure
that is designed to prevent flotation, collapse or lateral movement during conditions of
the design flood. Tank-supporting structures shall meet the foundation requirements of
the applicable flood hazard area.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions
of the design flood: and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
Section 30-147. - Other Development.
(a) General requirements for other development. All development, including man-made
Exhibit B Page 42 of 44
City of Aventura Ordinance No. 2022-
changes to improved or unimproved real estate for which specific provisions are not
specified in this article or the Florida Building Code, shall-
(1) Be located and constructed to minimize flood damage:
(2) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood:
(3) Be constructed of flood damage-resistant materials: and
(4) Have mechanical, plumbing, and electrical systems above the design flood
elevation or meet the requirements of ASCE 24, except that minimum electric
service required to address life safety and electric code requirements is permitted
below the design flood elevation provided it conforms to the provisions of the
electrical part of building code for wet locations.
(b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal
A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as
parking pads, enclosure floors, landings, decks, walkways, patios and similar
nonstructural uses are permitted beneath or adjacent to buildings and structures
provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure:
(2) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure: and
(3) Have a maximum slab thickness of not more than four (4) inches.
(c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In
addition to the requirements of the Florida Building Code, in coastal high hazard areas
and Coastal A Zones decks and patios shall be located, designed, and constructed in
compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom
of the lowest horizontal structural member at or above the design flood elevation
and any supporting members that extend below the design flood elevation shall
comply with the foundation requirements that apply to the building or structure,
which shall be designed to accommodate any increased loads resulting from the
attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall
be designed and constructed either to remain intact and in place during design
flood conditions or to break apart into small pieces to minimize debris during
flooding that is capable of causing structural damage to the building or structure
or to adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or
that is constructed with more than the minimum amount of fill necessary for site
drainage shall not be approved unless an analysis prepared by a qualified
Exhibit B Page 43 of 44
City of Aventura Ordinance No. 2022-
registered design professional demonstrates no harmful diversion of floodwaters
or wave runup and wave reflection that would increase damage to the building or
structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that
is at natural grade or on nonstructural fill material that is similar to and compatible
with local soils and is the minimum amount necessary for site drainage may be
approved without requiring analysis of the impact on diversion of floodwaters or
wave runup and wave reflection.
(d) Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In
coastal high hazard areas and Coastal A Zones, development activities other than
buildings and structures shall be permitted only if also authorized by the appropriate
federal, state or local authority: if located outside the footprint of, and not structurally
attached to, buildings and structures: and if analyses prepared by qualified registered
design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures.
Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures:
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless
designed and constructed to fail under flood conditions less than the design flood
or otherwise function to avoid obstruction of floodwaters: and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002. F.A.C., as
filled systems or mound systems.
(e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones.. In
coastal high hazard areas and Coastal A Zones-
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters
or wave runup and wave reflection that would increase damage to adjacent
buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes
under or around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave runup and wave
reflection if the scale and location of the dune work is consistent with local beach-
dune morphology and the vertical clearance is maintained between the top of the
sand dune and the lowest horizontal structural member of the building.
Exhibit B Page 44 of 44
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY- Robert Meyers, Office of the City Attorney �y rr
DATE: January 28, 2022
SUBJECT: Resolution Urging the Governor and Florida Legislature to Support
and Approve Senate Bill 476 and House Bill 297 (the Anthony Reznik
Act) and Providing Penalties for Aggressive Careless Driving
Resulting in Serious Bodily Injury or Death and Property Damage
February 1, 2022 City Commission Meeting Agenda Item 9
RECOMMENDATION
It is recommended that the City Commission approve a resolution expressing support for
Senate Bill 476 and House Bill 297 to create stronger penalties for aggressive careless
driving resulting in serious bodily injury or death and significant property damage, urging
Governor Ron DeSantis and the Florida Legislature to support and approve this
legislation.
BACKGROUND
On February 10, 2021, 11-year old Anthony Reznik tragically lost his life as a result of a
driver running a red light in the City of Sunny Isles Beach. During the 2021 Legislative
Session of the State of Florida, Senator Pizzo and Representative Aloupis sponsored
Senate Bill 476 and House Bill 297, respectively, known as the "Anthony Reznik Act"
which would provide for stiffer penalties for aggressive careless driving resulting in
serious bodily injury or death and significant property damage.
FISCAL IMPACT
Although there is no impact on the City's budget per se, the City believes that careless
and aggressive drivers need to be held accountable for their actions resulting in bodily
injury and death or property damage. Stricter penalties could presumably deter motorists
from engaging in aggressive careless driving which would lower the costs associated with
the tragedies caused by such accidents.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING SUPPORT FOR SENATE BILL
476 AND HOUSE BILL 297 WHICH WOULD PROVIDE PENALTIES
FOR AGGRESSIVE CARELESS DRIVING RESULTING IN SERIOUS
BODILY INJURY OR DEATH AND PROPERTY DAMAGE; URGING
THE FLORIDA LEGISLATURE AND GOVERNOR RON DESANTIS TO
SUPPORT AND APPROVE THE LEGISLATION; DIRECTING THE
CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 10, 2021, 11-year old Anthony Reznik tragically lost
his life as a result of a driver running a red light; and
WHEREAS, during the 2021 Legislative Session of the State of Florida, Senator
Pizzo and Representative Aloupis sponsored Senate Bill 476 and House Bill 2977
respectively, known as the "Anthony Reznik Act"; and
WHEREAS, the Anthony Reznik Act would provide for penalties for aggressive
careless driving resulting in serious bodily injury or death and property damage; and
WHEREAS, the City of Aventura ("City") believes that careless and aggressive
drivers need to be held accountable for their actions resulting in bodily injury and death
or property damage; and
WHEREAS, the City Commission finds that the passage of the aforementioned
bills is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Support of Senate Bill 476 and House Bill 297. The City
Commission hereby expresses support for Senate Bill 476 and House Bill 297, and
urges the Florida Legislature to adopt, and Governor Ron DeSantis to support and
approve, the bills.
Section 2. Directions to the City Clerk. The City Clerk is hereby directed to
distribute copies of this Resolution to Senator Pizzo, Representative Aloupis, Governor
Ron DeSantis, the Speaker of the Florida House of Representatives, the President of
the Florida Senate, the Florida League of Cities, and the Miami-Dade League of Cities.
City of Aventura Resolution No. 2022-
Section 3. Effective Date. This Resolution shall become effective 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE SPENDING PLAN
PREPARED BY THE CITY MANAGER FOR THE EXPENDITURE OF
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE
AMERICAN RESCUE PLAN ACT (ARPA), DIRECTING THE CITY
MANAGER TO UTILIZE RECOVERY FUNDS TO RETAIN A PROJECT
CONSULTANT TO OVERSEE THE IMPLEMENTATION OF AN
ENHANCED INFORMATION TECHNOLOGIES NETWORK;PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to facilitate the ongoing recovery from the COVID-19
pandemic, Congress adopted the American Rescue Plan Act of 2021 (the "ARPA"), which
created the Coronavirus Local Fiscal Recovery Fund for the purpose of providing funds
to local governments (the "Fiscal Recovery Funds"); and
WHEREAS, the ARPA allocated a portion of the Fiscal Recovery Funds to be paid
to the State of Florida for distribution to non-entitlement units of local government, such
as the City of Aventura (the "City"); and
WHEREAS, the State of Florida, Division of Emergency Management (the
"Division") received a portion of the Fiscal Recovery Funds from the U.S. Department of
Treasury (the "Treasury") and is responsible for disbursing to the City its allocation of
$18,525,074 (the"Allocation")and anticipates disbursing the second installment in August
2022; and
WHEREAS, at the November 2, 2021 City Commission meeting, the Commission
passed a Resolution accepting the Allocation and approved the American Rescue Plan
Act Coronavirus Local Fiscal Recovery Agreement with the State of Florida; and
WHEREAS, the City Manager understands that all Fiscal Recovery Funds must
be obligated by December 31, 2024 and expended by December 31, 2026; and
WHEREAS, the City Manager has prepared a budget and spending plan for a
sizeable portion of the Allocation, attached hereto as Exhibit `A" ("Spending Plan") with
estimated costs for each item, subject to revision and reprogramming, but not to exceed
the total Allocation; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF AVENTURA,
City of Aventura Resolution No. 2022-
FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Spending Plan Approved. That that the City Commission hereby
approves the partial Spending Plan submitted by the City Manager, in substantially the
form attached hereto as Exhibit "A," authorizing the City Manager to adjust the Spending
Plan when additional funds are released to the City.
Section 3. Information Technologies Consultant Approved. That the City
Commission hereby directs the City Manager to utilize Fiscal Recovery Funds to retain
the services of an Information Technologies ("IT") Consultant to oversee the
implementation of an enhanced IT network.
Section 4. Implementation. That the City Manager is hereby authorized to take
all actions necessary to implement the purposes of this Resolution.
Section 5. Effective Date. That this Resolution shall take effect immediately
upon its passage and 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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of February, 2022.
ENID WEISMAN, MAYOR
Page 2 of 3
City of Aventura Resolution No. 2022-
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3