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06-14-2022 Local Planning Agency Meeting Agenda City Manager City Coininission Ronald J.Wasson Enid Weisman,Mayor Denise Landman,Vice Mayor City Clerk Rachel S.Friedland,Commissioner + Elllisa L.Horvath,MMC Bill Joel,Commissioner Dr.Linda Marks,Commissioner City Attorney Marc Narotsky,Commissioner Weiss Scrota 1I lellfman Robert Shelley,Commissioner e� p�Q+� Cole&Bierman LOCAL PLANNING AGENCY MEETING AGENDA JUNE 149 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. APPROVAL OF MINUTES: April 5, 2022 4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS UPON CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (411). C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4C). Aventura Local Planning Agency Meeting Agenda June 14, 2022 5. ADJOURNMENT This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission, Acting in its Capacity as the Local Planning Agency for the City of Aventura FROM: Ellisa L. Horvath, MMC, City Clerk DATE: June 10, 2022 SUBJECT: Approval of Minutes June 14, 2022 Local Planning Agency Meeting Agenda Item 3 RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Local Planning Agency for the City of Aventura, approve the attached minutes as provided by the City Clerk, for the Local Planning Agency meeting held in April 2022. BACKGROUND A meeting was held and minutes have been provided for the City Commission, acting in its capacity as the Local Planning Agency, for approval of the following: • April 5, 2022 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES APRIL 5, 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 Vice Mayor Rachel S. Friedland at 6.08 p.m. The roll was called and the following were present: Mayor Enid Weisman', Vice Mayor Rachel S. Friedland, Commissioner Billy Joel, 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. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the City Commission Meeting. 3. APPROVAL OF MINUTES (November 2, 2021): A motion to approve the minutes of the November 2, 2021 meeting was offered by Commissioner Shelley, seconded by Commissioner Narotsky, and unanimously passed by roll call vote. 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,ADOPTING THE 2021 EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the Ordinance was offered by Commissioner Landman and seconded by Commissioner Shelley. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval of the ordinance on first reading and authorization to ' Participated via virtual communications media technology. City of Aventura Local Planning Agency Meeting Minutes April 5, 2022 transmit the amendments to the Florida Department of Economic Opportunity and other review agencies. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to recommend adoption of the Ordinance was unanimously passed, by roll call vote. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Joel, and unanimously passed; thereby, adjourning the meeting at 6:19 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on June 14, 2022. Page 2 of 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6 -- BY: Keven Klopp, Community Development Director DATE: June 10, 2022 SUBJECT: Application to Amend Section 31-143(f)(2a)c. of the Land Development Regulations to Add a Conditional Use in the RMF4 Zoning District by Which Certain Otherwise Prohibited Shadows Could be Approved June 14, 2022 Local Planning Agency Agenda Item 4A June 14, 2022 11t Reading City Commission Meeting Agenda Item 6A July 12, 2022 2"1 Reading City Commission Meeting Agenda Item RECOMMENDATION As discussed at the City Commission Workshop meeting of March 15, 2022, the attached ordinance is presented for recommendation by the Local Planning Agency and approval by the City Commission of a request to amend Section 31-143(f)(2a)c., "Multifamily High Density Residential Districts (RMF4)" of the Land Development Regulations to add a Conditional Use by which certain otherwise prohibited shadows could be approved. THE REQUEST The attached letter (attached as Exhibit #1) proposes an amendment to Section 31- 143(f)(2a)c. of the Land Development Regulations to allow uses in the RMF4 Zoning District to cast a shadow on land zoned for business. Currently, office buildings, hotels and mixed-use buildings of any height can cast a shadow over commercially zoned properties. As discussed during the referenced Workshop, RMF4 properties could be, with Commission approval, released of the constraint and thus, regulated in line with commercially-zoned properties in regards to the shadow they are allowed to cast. BACKGROUND Section 31-143(f)(3)(b)(3) of the City Code contains certain restrictions to the RMF4 zoning district. City Code restricts development of structures over 100 feet in height in the RMF4 district from casting of shadows on December 21 at 12 noon of each year regardless of the adjacent property's zoning. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Multifamily High Density Residential (RMF4) District follows in underlined text: Section 31-143(f)(2a)c. Multifamily High Density (RMF4) District. (f) Multifamily High-Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional Use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31- 144. d. EUses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. e. d For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. e For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. g_� Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria- 1. Shall only be permitted on properties where a minimum of two sides share all or part of a common lot line with another lot or parcel of land that is zoned Community Business (B2) District on the City's Zoning Map; and 2. Retail and restaurant uses shall be permitted as accessory uses; and 3. Not more than ten percent of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges, and meeting rooms, excluding ground floor retail and restaurant uses; and 2 4. The gross floor area of the hotel use shall not exceed 33 percent of the gross floor area of the building; and 5. Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd.; and 6. The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks; and 7. The hotel use shall have its own separate driveway entrance/exit and its own separate lobby; and 8. The applicant shall provide transportation demand management strategies to reduce the impact of the development, as approved by the City Manager and City's Traffic Engineering Consultant, to reduce adverse effects to the overall transportation network. The applicant shall provide any right-of-way improvements appropriate to the subject property. ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 3 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Multifamily High- Density Residential District. 4 DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Exhibit 1 Bilzin Sumberg Brian S.Adler, Esq. el 305.350.2351 Fax 305.351.2206 badler0-bilzin.com March 4, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request to be Placed on March 15, 2022 Workshop Proposed Amendment to Section 31-143(f)(3)(b)(3), RMF4 District Land Development Regulations Dear Mr. Klopp: Please consider this our request on behalf of our client, GOT183 LLC, to be placed on the March 15, 2022, City Commission Workshop related to proposed modifications to the City of Aventura Land Development Regulations pertaining to the RMF4 Zoning District. The City of Aventura Code contains some historic restrictions related to height of properties within various districts. One example is Section 31-143(f)(3)(b)(3) of the City of Aventura Code (the "City Code"), which incorporates certain restrictions unique to the RMF4 zoning district. Specifically, the City Code restricts development of structures over 100 feet in height in the RMF4 district from casting of shadows on December 21 at 12 noon of each year, allowing such shadows to only fall on public road rights-of-way, public or private waterways or docks. This unique provision is unique to the RMF4 district. Land continues to be a scarce resource, and as South Florida continues to be the focus of migration from other areas of the state or country, the focus in many communities has shifted to redevelopment of remaining or underdeveloped parcels, including in the City of Aventura. In that regard, we propose a reevaluation of the above RMF4 restriction related to height regulations in recognition that if another office Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Mr.Keven Klopp March 4, 2022 Page 2 Bilzin Sumberg building, hotel or mixed-use building can cast a shadow on other commercially zoned properties, then as redevelopment within the City occurs, that RMF4 properties should not be more constrained than commercially zoned properties. Office buildings, hotels and other similar structures in the Business Zoning Districts under City Code Section 31-144 do not have the same limitation against casting shadows on other hotels, commercial or office buildings. In fact mixed-use developments in the Town Center districts under Section 31-145 may contain various heights of buildings with no such restriction on casting shadows on adjacent properties in other districts, or on other buildings within the Town Center districts, including on residential structures within the Town Center district. However, while offices, medical buildings hotels and other structures in the Town Center, Medical Office, Office Park, Community Facilities and commercial districts are not subject to the shadow restrictions and therefore are not restricted from casting shadows on other properties sharing the same designation, under the City Code, it is only the RMF4 district that carries the shadow restriction. Specifically, the City code under the RMF4 District regulations provides: Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) shall not fall on any adjacent property, except for public road rights-of-way, public or private waterways and docks. Therefore, while a 12 story office buildings in the B2 district can cast a shadow on other commercial, office, hotel and similar properties, developments in the RMF4 district would be more constrained and restricted from casting such shadows. As the zoning code has morphed with the creation of new zoning districts, the focus continues to shift to redevelopment or future development of vacant or underdeveloped parcels, the unique shadow limitation in RMF4 likely no longer serves the same purpose as when it was enacted. If an office building, medical building, or hotel building exceeding 100 feet is able to cast shadows on commercially zoned adjacent properties, the limitation on the ability for RMF4 properties to cast such shadows on business zoned properties is arguably obsolete. Based on the foregoing, we propose a relaxation of the shadow provisions to expand the properties upon which an RMF4 structure can cast a shadow to include the business zoned districts under 31-144. Specifically, we request the code be modified to as follows: DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Mr.Keven Klopp March 4, 2022 Page 3 Bilzin Sumberg Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12.00 noon on December 21 (a sun angle of 41 degrees) shall not fall on any adjacent property, except for public road rights-of-way, public or private waterways and docks, or properties located in Business Zoning Districts defined under Section 31-144. The above change will recognize that if another office building, hotel or mixed- use building can cast a shadow on other commercially zoned properties, then as redevelopment within the City occurs, that RMF4 properties should not be more constrained than commercially zoned properties. However, the proposed change will keep in place the protection of RMF4 properties casting shadows on other residentially zoned properties. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, bv'ia'v' S. aAV Brian S. Adler BSA/DPC/AI MIAMI 923 0709.1 100992/3 02121 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS UPON CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, currently, office buildings, hotels and mixed-use buildings of any height can cast a shadow over commercially zoned properties; WHEREAS, the City Commission now desires to amend Chapter 31 "Land Development Regulations," Section 31-143 "Residential Zoning Districts" to permit buildings in the RMF4 Zoning District to cast shadows on properties located in Business Zoning Districts upon conditional use approval (the "Proposed Amendment"); and WHEREAS, the City Commission finds that the Proposed Amendment is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, City Commission, sitting as the Local Planning Agency, has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the Proposed Amendment, and finds that it is in the best interests of the public to amend Section 31-143 of the City's Land Development Regulations as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2022- WHEREAS, the City Commission has reviewed the Proposed Amendment and has determined that the Proposed Amendment is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Chapter 31 "Land Development Regulations,"Article VII, "Use Regulations," Section 31-143 "Residential Zoning Districts" of the City Code of Ordinances is hereby amended to read as follows': Chapter 31 - LAND DEVELOPMENT REGULATIONS ARTICLE VII. - USE REGULATIONS Sec. 31-143. — Residential Zoning Districts. (f) Multifamily High-Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 5 City of Aventura Ordinance No. 2022- c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31- 144. d. EUses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. e. d.For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. e For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. g_� Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria: Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading on this 14t" day of June, 2022. PASSED AND ADOPTED on this 12t" day of July, 2022. Page 4 of 5 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission �D FROM: Ronald J. Wasson, City Manager (---- BY- Keven Klopp, Community Development Director Afok DATE: June 10, 2022 SUBJECT: Application to Amend the Comprehensive Plan Future Land Use Map ("FLUM") of the City of Aventura by Changing the Designation of Land Located at 2785 NE 183 Street from Business and Office to High Density Residential (the "FLUM Amendment"), City Case File No. AC P2205-0001 June 14, 2022 Local Planning Agency Agenda Item 4B June 14, 2022 11t Reading City Commission Meeting Agenda Item 7A July 12, 2022 2"1 Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment to the future land use map designation for the two subject parcels of land (Folios 28-2203-000-0250 and 28-2203-000-0273), located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue (the "Property")from Business and Office to High Density Residential to facilitate development of 84 residential units averaging between 2,500 and 3,500 square feet by the applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg. THE REQUEST The applicant is requesting the FLUM Amendment on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. BACKGROUND OWNER OF PROPERTY: Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC Folios 28-2203-000-0250 and 28-2203-000-0273 NAME OF APPLICANT Brian S. Adler, Esq. on behalf of owners LOCATION OF PROPERTY 2785 NE 183 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres +/- See Exhibit #3 for Legal Description The property consists of approximately 1.55 acres of vacant land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27th Avenue. The applicant proposes to re-designate the Property from its current B2, Community Business District to RMF4, Multi-Family High Density Residential to match the high- density residential designation existing on properties to the south, east, northeast and partially to the north. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: High Density Residential Property to the North: Business and Office Property to the South: High Density Residential Property to the East: High Density Residential Property to the West: Business and Office Zoning Subject Property: Currently B2, Community Business District Properties to the West: B2, Community Business District Properties to the East: RMF4, Multi-Family High Density Residential District Properties to the North: B2, Community Business District Properties to the South: RMF4, Multi-Family High Density Residential District Existing Land Use Subject property: Vacant Lot Properties to the North: Assisted Living Facility Properties to the South: Residential Condominium Properties to the East: Residential Condominium Properties to the West: Assisted Living Facility Access — The property is accessible from NE 183 St. There is also a public access easement on the west side of the property that provides access to the property. 2 Standards for reviewing proposed amendments to the Future Land Use Map (Florida Statutes 163.3177) Florida Statues regarding the City's Comprehensive Plan seek mainly to ensure that development of previously undeveloped land proceeds in a manner that is orderly and economically, socially, physically, environmentally, and fiscally balanced. The statute does require the following be analyzed when considering a change to the Comprehensive Plan Future Land Use Map: • the availability of facilities and services. • the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. • the minimum amount of land needed to achieve economically, socially, physically, environmentally, and fiscally balanced development. • the extent to which the development pattern or urban form discourages the proliferation of urban sprawl. All required services and facilities are available to this location to fulfill service requirements. Capacity allocations for water, sewer, and schools are made at the time of development order approval. The proposed FLUM Amendment is suitable considering the site is an existing, fully developed office park. The proposed FLUM Amendment consumes the minimum amount of currently undeveloped land needed to achieve economically, socially, physically, environmentally, and fiscally balanced development. The proposed FLUM Amendment discourages urban sprawl. It facilitates redevelopment of fallow land resulting in increased density and intensity within a transit-oriented corridor. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 3 EXHIBIT 1 ACP2205-0001 $ilzin Sumberg Brian S.Adler, Esq. T-"d 305.350.2351 i-o, 305.351.2206 badlerO-bilzin.com April 28, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Application to Amend City of Aventura Comprehensive Plan Future Land Use Map and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with an application to amend the City of Aventura Comprehensive Plan Future Land Use Map designation and Zoning Map designation on the Property. A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. This area remains one of the last vacant development parcels within the City of Aventura. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The City of Aventura Comprehensive Plan continues to focus on redevelopment. The subject Property is one of the few remaining redevelopment opportunities in this area MIAMI 943 8453.3 100992/3 02121 Bilzin Sumherg Baena Price&Axelrod LLP 1 1450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345b Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com Mr Keven Klopp April 28, 2022 = ,. • Page 2 . ; B11Zln Sumberg and is ripe for redevelopment. We are pleased to present a proposed project to the City to transform this vacantin and historically underutilized parcel into a prominent, attractive and iconic development. B. Demands and Variation in Housing Needs There are countless articles and studies detailing the long-term impact the COVID-19 pandemic has had on housing demand and availability. Studies particularly highlight the shortage of housing in South Florida and the continued need for residential development. This need runs the gamut from smaller, more affordable units, to larger units able to meaningfully accommodate the ability to work from home. This particular location is ideal to accommodate the latter. While we recognize there continues to be a market need for smaller units and maximum density, the proposed development is geared toward the additional market need of larger units which can serve the needs of those relocating from other geographic regions that may also favor a home office. Featuring a modest 84 units, the residences range from the two-bedroom units in the garage liner of 1,400 square feet to three- and four-bedroom residences ranging from 2,400 to 3,500 square feet, with the possibility to do full-floor units of 5,900 square feet. Remote working continues to increase in popularity and South Florida remains an attractive option for relocation. Studies reveal that over half a million people exchanged their out of state driver's licenses for Florida addresses, up 40% from 2020. While there has been much focus and attention on New Yorkers, New Yorkers account for approximately 11% of the shift, with demand continuing from other northeast states and other areas including California and foreign countries. This increase continues to highlight the need for housing, and Aventura, with its high quality and diverse retail, restaurants and prime location remains a top choice for many. C. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF4 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. MIAMI 943 845 3.3 100992/3 02121 Mr.Keven Klopp April Page23 2022 Bllzln Sumberg D. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF4 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. The subject property is physically suitable for the uses permitted in the proposed district. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 84 residential dwelling units generates only 36 AM peak hour trips and 43 PM peak hour trips where the M I AM I 943 845 3.3 100992/3 02121 Mr. Keven Klopp PageApril 24 2022 Bilzin Sumberg 9 proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over three times the AM peak hour trips and almost four times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use of only 84 dwelling units will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will evaluated for concurrency as part of redevelopment of the site. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 84 residential dwelling units as opposed to a more intense commercial use. E. Requests The Property is currently designated Business and Office on the City of Aventura Comprehensive Plan Future Land Use Map, and is zoned B2 on the City of Aventura Zoning Map. The majority of the B2 development south of the William Lehman Causeway is centralized on Biscayne Boulevard. The Property is over 700 feet from Biscayne Boulevard, with visibility blocked by other structures, rendering it less appealing as a commercial site. Our client proposes to re-designate the Property from its current Business and Office designation on the City of Aventura Future Land Use Map to match the high-density residential designation existing on properties to the south, east, northeast and partially to the north. Similarly, our client proposes to rezone the Property to RMF4 consistent with the proposed new residential Future Land Use Map designation, and consistent with the RMF4 zoning on the parcels to the east, northeast, south, southwest, and partially to the north. MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 28, 2022 Page 5 Bilzin Sumberg As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 84 residential dwelling units where 69 residential dwelling units would be permitted as of right in the RMF4 district, and up to 93 may be permitted via conditional use approval. As illustrated by the traffic comparison, the additional units sought by the conditional use approval will generate a total of 4 AM and 4 PM peak hour additional trips, which will have a minimal impact on the traffic, and far less than permitted under the current zoning. Additionally, our client will be seeking conditional use approval related to height, FAR and from the shadow provision, as well as a companion application to release certain documents recorded against the Property related to prior uses and which are no longer germane. F. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow with a central open focal point allowing light and air to flow though the nucleus in a truly unique shape worthy of the approval for new development in Aventura. The 25 story structure includes a four story pedestal consisting of a lined and screened parking deck, a two story lobby and two residential units, with connected curvilinear 21 story towers. Level 5 of one of the towers will contain the amenities deck. The development has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. The RMF4 designation allows up to 60 dwelling units per acre with conditional use approval for up to 93 units. The proposed development consists of 84 luxury units averaging between 2,500 and 3,500 square feet, at under 55 dwelling units per acre. In keeping with the market for luxury units, the development proposes ten foot ceilings with the penthouses featuring 11 foot ceilings, for an overall total building height of 275 feet. G. Conclusion The proposed development seeks to transform a vacant and historically underutilized property into an iconic building that Aventura will be proud to feature in its City. The proposed development features 84 luxury condominium homes that are both MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 6 8, 2022 Page yr= Bilzin Sumberg Page attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the request for rezoning and amendment to the Future Land Use Map. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian . Adler BSA/ea MIAMI 9438453.3 100992/302121 Exhibit 2 ACP2205-0001 BROWARD COUNT `— DARE COUNTY :t. f ■�'Sr7�'nv"ei9 T%-rw -1ra■ Pak!ream YACHT CLUB DR. • ■ :■ MARINA ■ :r Arenwra HARBOR COVE CIRCLE :■ Hospital �Q WAY ■ &Medical w wpY ■ 'r Cenrer Waterways WATERWAYS i.VD Shoppes 207 ST. ■ ■ w ■ w ¢ COUNTRY CLUB DR. :■ The N 205 M ■ ■ Promenade ✓ • Shops Cf) IVES DAIRY RD. :■ 203 ST. ff CTF�L� ■ ■ cv � � r 4 ■ 201 R. m • —� '■ c" Turnberry Isle ■ ro ( :■ p. m Resort&Club ■ *« :■ 0,v ■/ ■ AVENTURA w U ' OQ c`. ,, ■ Fireft Ell > r Rescue Aventura J • Station Library Z Gam' �� • ;■ • e • z .4/ ■ ,. . Aventura Mall • y' �� O YAG4i� J� • `• ;■ City of Aventura �E}1D11A WY LU8 ~ rr E :■ Government Center • :r 192 ST. �pJll-upm • 192 ST. wM �1C X ;r 190 ST. YS + ■ Loehmann's + " p Fashion ui r r Island Q --- • l■ m 188 ST. • N . z 33180 MIA MI �• T • Lu • Kr GARDENS DR. __� • O 185ST _.r.._._._._. 33 60 r 7{k • 183 Subject Site Dumfoundling ± Al Bay �;;. ;• • Atlantic %• 1 • Ocean • Little Z j, Williams ; ' %• Biscayne rn Sound Mau l• arbour 180 ST. Lake e w N l� Point East fr Mani • 9 Z r ' r a lU a ■ O r ■,�■. ■ ■ � . . .:�.II .a LEGEND � Lake �+ i ♦+ Roadways ■ i City Boundary ♦+ --•---• — ZIP Code Boundary • +♦ ----------- Railroad ■ r + Exhibit 3 ACP2205-0001 EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCIRPTON: (parcel i): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade county, Florida, being more particularly described as follows; Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.54 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301.00 feet; thence South 89 degrees 13 minutes os seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 9D degrees oo minutes oa seconds for an arc distance of 31.42 feet to a point of tangency, thence South o degrees 45 minutes 52 seconds East, along a line that is parallel with and 152.00 Net west of, as measured at right angles to, the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281,82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miaml—Dade County. Florida. (Parse# 2) Parking Lot; A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East. Miami—Dade County. Florida being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the. Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described cve;ur said point bears North 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve, thence Northwesterly. westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a control angle of 19 degrees 49 minutes 56 seconds for an arc distonce 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131.83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lass by calculations. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, the City of Aventura (the "City") has received Application No. ACP2205-0001, requesting approval of a Small- Scale Future Land Use Map ("FLUM")Amendment to the Comprehensive Master Plan (the "Plan") changing the designation of 1.55 acres of land (Folios 28-2203-000-0250 and 28- 2203-000-0273), as further described in Exhibit "A" (the "Property") from Business and Office to High Density Residential; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission believes the Small Scale FLUM amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing mixed-use transit-oriented development; and WHEREAS, the Small Scale FLUM amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission finds that the proposed Small Scale FLUM amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. City of Aventura Ordinance No. 2022- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of the Small-Scale Future Land Use Map Amendment. That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM Amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A," is hereby amended such that the Property shall now have the future land use map designation of High Density Residential. Section 3. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the City's Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map may be revised so as to accomplish such intention. Section 6. Effective Date. This Ordinance shall not become effective until 31 Page 2 of 6 City of Aventura Ordinance No. 2022- days after adoption. If challenged within 30 days after adoption, this Ordinance may not become effective until the state land planning agency or the Administration Commission, respectively, issued a final order determining that the adopted Small Scale FLUM Amendment is in compliance. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 6 City of Aventura Ordinance No. 2022- PASSED on first reading this 14t" day of June, 2022. PASSED AND ADOPTED on second reading this 12t" day of July 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 6 City of Aventura Ordinance No. 2022-_ EXHIBIT A - Legal Description +/ 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: Z LEGAL DESGR[PTION: (parcel 1): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, M€ami—Dade County, Florida, being more particularly described as follows: Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds west, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the lost described course, for 301,00 feet; thence South 89 degrees 13 minutes 08 seconds West, at right angles to the last described course, for 132.00 feat to a point of curvature; thence southwesterly. southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for an orc distance of 31.42 feet to a point of tangency; thence South 0 degrees 46 minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, the East fine of the Southeast 1/4 of th'e Southwest 1/4 of the Southwest 1/4 of sold Section 3 for 281.82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the point of Beginning, all lying and being in Miami—Dade County, Florida, (parcel 2) Parking Lot: A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade County, Flarida, being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Paint of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the Ice described course, for 114.42 feet to a point on the next described curve; said paint bears worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Nor#hwesterly, westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a centroi angle of 19 degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is Wallet with and 131,83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet or 1,55 Acres more or less by calculations. Page 5 of 6 City of Aventura Ordinance No. 2022-_ EXHIBIT "B" SMALL SCALE FUTURE LAND USE MAP AMENDMENT 9ROWMI)cauNrr MIAMI-DACE COUNTY AWITIONAL KMACEMT - LAND USE CATEGME3 I—I Lot Oru1Ly , , I I^-I Rr.�ild 0 GnMtr 0 Hkwlrild T o ta ® � M� Ives oalr Rope LAND USE CATEGORIES Lle W.&. Wnalty - Rwd-41 I ?, . W.Au Hip 15-0ty Pnldanlld PWu antl Rtorwtin Ir B—oa.od ON- a �• o Mdu.[fltl aA UR16t ` y 4 ��1x8raB i ._y �trurakwnGYvf¢ Pk* 9t $ey a k+lemi Gord - I � ' E.WN[4-11, Clive. ED Fmilty(ACES) �a t CF 1= _} Cawmm } ma4do AICVJa — - i f Lake — - - Na�eEnd.L4 m..dm.tW b 1 Pk�h., MFr bcRIM W.a.9.�q r1W9..Yl+4a4 NORTH yJplpp M 1 G6{py}16 WALM I IA161 IMF-id REACH 4AZ a MJIY b ft—alla.d t.e Mkl 5 T�}{M.a 11111-11 Y}31G} 21 4 5G15/06 3Wd76.i4 Mcp 1-7 3ffl' + 7J511a a>a3-4a Future Land Use Flap — 2025 SCbyE IN FEET With Adjacent Land Uses & RORiH Parks Open 5pcee mw "Wrmaw wry ADM City of Aventuro Comprehensive Plan — 1998 „� , "wGww ,IRK 2014 Evaluation & Appraisal Page 6 of 6 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er C�5� BY: Keven Klopp, Community Development Director DATE: June 10, 2022 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by Amending the Zoning Designation of Land Located at 2785 NE 183 Street from B2, Community Business District, to RMF4, Multi-Family High Density Residential, City (the "Rezoning") Case File No. REZ2205-0001 June 14, 2022 Local Planning Agency Agenda Item 4C June 14, 2022 11t Reading City Commission Meeting Agenda Item 7B July 12, 2022 2"1 Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve Rezoning for the two subject parcels of land (Folios 28-2203-000-0250 and 28-2203-000-0273), located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue (the `Property") to facilitate development of 84 residential units averaging between 2,500 and 3,500 square feet by the applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg. THE REQUEST The applicant is requesting the Rezoning on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC Folios 28-2203-000-0250 and 28-2203-000-0273 NAME OF APPLICANT Brian S. Adler, Esq. on behalf of owners LOCATION OF PROPERTY 2785 NE 183 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres +/- See Exhibit #3 for Legal Description The property consists of approximately 1.55 acres of vacant land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The applicant proposes to re-designate the Property from its current B2, Community Business District to RMF4, Multi-Family High Density Residential to match the high- density residential designation existing on properties to the south, east, northeast and partially to the north. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: High Density Residential Property to the North: Business and Office Property to the South: High Density Residential Property to the East: High Density Residential Property to the West: Business and Office Zoning Subject Property: Currently B2, Community Business District Properties to the West: B2, Community Business District Properties to the East: RMF4, Multi-Family High Density Residential District Properties to the North: B2, Community Business District Properties to the South: RMF4, Multi-Family High Density Residential District Existing Land Use Subject property: Vacant Lot Properties to the North: Assisted Living Facility Properties to the South: Residential Condominium Properties to the East: Residential Condominium/Townhomes Properties to the West: Assisted Living Facility Access — The property is accessible from NE 183 St. There is also a public access easement on the west side of the property that provides access to the property. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 2 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed Rezoning will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel will be High Density Residential. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are currently no significant sites available in other areas zoned for such use. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The City's Comprehensive Plan encourages the redevelopment of the Biscayne Boulevard corridor. This development fulfills those plan goals. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The Rezoning will not adversely affect traffic patterns or congestion. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed Rezoning will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed Rezoning will not have an adverse environmental impact on the vicinity. 3 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed Rezoning will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 4 EXHIBIT 1 REZ2205-0001 $ilzin Sumberg Brian S.Adler, Esq. T-"d 305.350.2351 i-o, 305.351.2206 badlerO-bilzin.com April 28, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Application to Amend City of Aventura Comprehensive Plan Future Land Use Map and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with an application to amend the City of Aventura Comprehensive Plan Future Land Use Map designation and Zoning Map designation on the Property. A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. This area remains one of the last vacant development parcels within the City of Aventura. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The City of Aventura Comprehensive Plan continues to focus on redevelopment. The subject Property is one of the few remaining redevelopment opportunities in this area MIAMI 943 8453.3 100992/3 02121 Bilzin Sumherg Baena Price&Axelrod LLP 1 1450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345b Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com Mr Keven Klopp April 28, 2022 = ,. • Page 2 . ; B11Zln Sumberg and is ripe for redevelopment. We are pleased to present a proposed project to the City to transform this vacantin and historically underutilized parcel into a prominent, attractive and iconic development. B. Demands and Variation in Housing Needs There are countless articles and studies detailing the long-term impact the COVID-19 pandemic has had on housing demand and availability. Studies particularly highlight the shortage of housing in South Florida and the continued need for residential development. This need runs the gamut from smaller, more affordable units, to larger units able to meaningfully accommodate the ability to work from home. This particular location is ideal to accommodate the latter. While we recognize there continues to be a market need for smaller units and maximum density, the proposed development is geared toward the additional market need of larger units which can serve the needs of those relocating from other geographic regions that may also favor a home office. Featuring a modest 84 units, the residences range from the two-bedroom units in the garage liner of 1,400 square feet to three- and four-bedroom residences ranging from 2,400 to 3,500 square feet, with the possibility to do full-floor units of 5,900 square feet. Remote working continues to increase in popularity and South Florida remains an attractive option for relocation. Studies reveal that over half a million people exchanged their out of state driver's licenses for Florida addresses, up 40% from 2020. While there has been much focus and attention on New Yorkers, New Yorkers account for approximately 11% of the shift, with demand continuing from other northeast states and other areas including California and foreign countries. This increase continues to highlight the need for housing, and Aventura, with its high quality and diverse retail, restaurants and prime location remains a top choice for many. C. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF4 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. MIAMI 943 845 3.3 100992/3 02121 Mr.Keven Klopp April Page23 2022 Bllzln Sumberg D. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF4 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. The subject property is physically suitable for the uses permitted in the proposed district. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 84 residential dwelling units generates only 36 AM peak hour trips and 43 PM peak hour trips where the M I AM I 943 845 3.3 100992/3 02121 Mr. Keven Klopp PageApril 24 2022 Bilzin Sumberg 9 proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over three times the AM peak hour trips and almost four times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use of only 84 dwelling units will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will evaluated for concurrency as part of redevelopment of the site. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 84 residential dwelling units as opposed to a more intense commercial use. E. Requests The Property is currently designated Business and Office on the City of Aventura Comprehensive Plan Future Land Use Map, and is zoned B2 on the City of Aventura Zoning Map. The majority of the B2 development south of the William Lehman Causeway is centralized on Biscayne Boulevard. The Property is over 700 feet from Biscayne Boulevard, with visibility blocked by other structures, rendering it less appealing as a commercial site. Our client proposes to re-designate the Property from its current Business and Office designation on the City of Aventura Future Land Use Map to match the high-density residential designation existing on properties to the south, east, northeast and partially to the north. Similarly, our client proposes to rezone the Property to RMF4 consistent with the proposed new residential Future Land Use Map designation, and consistent with the RMF4 zoning on the parcels to the east, northeast, south, southwest, and partially to the north. MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 28, 2022 Page 5 Bilzin Sumberg As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 84 residential dwelling units where 69 residential dwelling units would be permitted as of right in the RMF4 district, and up to 93 may be permitted via conditional use approval. As illustrated by the traffic comparison, the additional units sought by the conditional use approval will generate a total of 4 AM and 4 PM peak hour additional trips, which will have a minimal impact on the traffic, and far less than permitted under the current zoning. Additionally, our client will be seeking conditional use approval related to height, FAR and from the shadow provision, as well as a companion application to release certain documents recorded against the Property related to prior uses and which are no longer germane. F. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow with a central open focal point allowing light and air to flow though the nucleus in a truly unique shape worthy of the approval for new development in Aventura. The 25 story structure includes a four story pedestal consisting of a lined and screened parking deck, a two story lobby and two residential units, with connected curvilinear 21 story towers. Level 5 of one of the towers will contain the amenities deck. The development has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. The RMF4 designation allows up to 60 dwelling units per acre with conditional use approval for up to 93 units. The proposed development consists of 84 luxury units averaging between 2,500 and 3,500 square feet, at under 55 dwelling units per acre. In keeping with the market for luxury units, the development proposes ten foot ceilings with the penthouses featuring 11 foot ceilings, for an overall total building height of 275 feet. G. Conclusion The proposed development seeks to transform a vacant and historically underutilized property into an iconic building that Aventura will be proud to feature in its City. The proposed development features 84 luxury condominium homes that are both MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 6 8, 2022 Page yr= Bilzin Sumberg Page attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the request for rezoning and amendment to the Future Land Use Map. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian . Adler BSA/ea MIAMI 9438453.3 100992/302121 Exhibit 2 REZ2205-0001 BROWARD COUNTY `— DARE COUNTY :t. f ■�'Sr7�'nv"ei9 T%-rw -1ra■ Pak!ream YACHT CLUB DR. • ■ :■ MARINA ■ :r Arenwra HARBOR COVE CIRCLE :■ Hospital WAY ■ &Medical w wpY ■ 'r Cenrer Waterways WATERWAYS i.VD Shoppes 207 ST. ■ ■ w ■ w ¢ COUNTRY CLUB DR. :■ The N 205 M ■ ■ Promenade ✓ • Shops Cf) IVES DAIRY RD. :■ 203 ST. ff CTF�L� ■ ■ cv � � r 4 ■ 201 R. m • —� '■ c" Turnberry Isle ■ ro ( :■ p. m Resort&Club ■ *« :■ AVENTURA 0,v ■/ w ■ U ' O c`. ,, ■ Fire r Rescue Aventura J • Station Library Z Gam' �� • ;■ • e • z .4/ ■ ,. . Aventura Mall • y' �� O YAG4i� J� • `• ;■ City of Aventura �E}1D11A WY LU8 ~ rr E :■ Government Center • :r 192 ST. �pJll-upm • 192 ST. wM �1C X ;r 190 ST. YS + ■ Loehmann's + " p Fashion ui r r Island Q --- • l■ m 188 ST. • N . z 33180 MIA MI �• T • Lu • Kr GARDENS DR. __� • O 185ST _.r.._._._._. 33 60 r 7{k • 183 Subject Site Dumfoundling ± Al Bay �;;. ;• • Atlantic %• 1 • Ocean • Little Z j, Williams ; ' %• Biscayne Maurn ?� Sound -'a arbour 180 ST. Lake e w N Point �cS • East fr Mani • ;+ hope' 9 Z r It lazy ` '•.,` • r � a ■ O r ■,�■. ■ ■ � . . .:�.II .a LEGEND � Lake �+ ♦+ Roadways ■ i City Boundary ♦+ --•---• — ZIP Code Boundary • +♦ ----------- Railroad ■ r + EXHIBIT 3 REZ2205-0001 EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCIRPTON: (parcel i): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade county, Florida, being more particularly described as follows; Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.54 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301.00 feet; thence South 89 degrees 13 minutes os seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 9D degrees oo minutes oa seconds for an arc distance of 31.42 feet to a point of tangency, thence South o degrees 45 minutes 52 seconds East, along a line that is parallel with and 152.00 Net west of, as measured at right angles to, the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281,82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miaml—Dade County. Florida. (Parse# 2) Parking Lot; A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East. Miami—Dade County. Florida being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the. Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet. thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described curve; said point bears North 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Northwesterly. westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an arc distonce 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131.83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lass by calculations. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties LLC and Kerrin Properties LLC, through Application No. REZ2205-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation of the 1.55 acre parcel of land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue from B2, Community Business District, to RMF4, Multi- Family High Density Residential; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the Rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the Rezoning application and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: City of Aventura Ordinance No. 2022- Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zoning Map Amended. Pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Official Zoning Map of the City of Aventura is hereby amended to change the zoning designation for the Property, legally described in Exhibit "A," from B2, Community Business District, to RMF4, Multi-Family High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised to accomplish such intentions. Section 5. Disclaimer and Condition. Pursuant to Section 166.033, Florida Statutes, all applicable state and federal permits must be obtained before commencement of the development. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of a development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development.This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 5 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading on this 14t" day of June, 2022. PASSED AND ADOPTED on this 12t" day of July, 2022. Page 3 of 5 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 5 City of Aventura Ordinance No. 2022-_ EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCUTION: (Parcel 0., Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Mtcmi—Code County, Florida, being more porticularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of the 5authwest 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301,00 feet; thence South 89 degrees 13 minutes 08 seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for on arc distance of 31,42 feet to a paint of tangency; thence South 0 degrees 46the East minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, line of the Southeast 1/4 of th'e Southwest 1/4 of the Southwest 1/4 of sold Section 3 for 281.82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of 64rming, all lying and being in Miarni—Dade County, Florida, (Parcel 2) Parking Lot: A portion of the west 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade County, Florida, being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 131.84 feat to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last desenbed course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described curve; said plaint bears Worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Northwesterly, westerly and southwesterly, along said circular curve to the left. having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a paint of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131,83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or less by calculations. Page 5 of 5