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02-07-2023 Local Planning Agency Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q LOCAL PLANNING AGENCY REGULAR MEETING AGENDA February 7, 2023 6:00 p.m. Aventura Government Center Commission Chambers Local Planning Agency AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA Mayor Howard S. Weinberg, Esq. Vice Mayor Billy Joel Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura Local Planning Agency Regular Meeting Agenda February 7, 2023 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: June 14, 2022 4. PUBLIC HEARING — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A CONDITIONAL USE IN THE COMMUNITY BUSINESS (132) DISTRICT; 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 SECTION 31-233 "ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 5. PUBLIC HEARING — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FROM SECTION 31-191(J)(2)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A THIRD WALL SIGN ON THE NORTHEAST ELEVATION, WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE; APPROVING AN OUTDOOR LIGHTING VARIANCE FROM SECTION 31-234(E) OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE ADDITION OF EXTERIOR LIGHTING ON THE SOUTHWEST AND NORTHEAST ELEVATIONS LOCATED AND MOUNTED AT EIGHTY FEET ABOVE GRADE, WHERE HEIGHTS NO GREATER THAN THIRTY FEET ARE ALLOWED BY CODE, ON THE AVENTURA HILTON LOCATED AT 2885 NE 191 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (5). 6. 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 cityclerkC&,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 cityclerkC&,cityofaventura.com. Page 1 of 1 • CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES JUNE 14, 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 Weisman at 6:03 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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 led by Sam Fruitman. 3. APPROVAL OF MINUTES (April 5, 2022): A motion to approve the minutes of the April 5, 2022 meeting was offered by Commissioner Narotsky, seconded by Commissioner Friedland, and unanimously passed by roll call vote. 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: Mrs. Horvath read the following Ordinance title: 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. Participated via virtual communications media technology. City of Aventura Local Planning Agency Meeting Minutes June 14, 2022 A motion to recommend adoption of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Shelley. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. Brian Adler, Esq. —Applicant (Bilzin Sumberg Baena Price &Axelrod, LLP— 1450 Brickell Avenue, 23rd Floor, Miami) was in attendance on behalf of GOT183, LLC. The Commission discussed the item and requested the adjacent properties be identified. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to recommend adoption of the Ordinance was unanimously passed, by roll call vote. Mr. Meyers reviewed the quasi-judicial procedures for Items 4B and 4C. Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 4B and 4C. Mrs. Horvath read the following Ordinance title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE 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. A motion to recommend adoption of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Friedland. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and reviewed the location of property, background, and requests. Brian Adler, Esq. —Applicant (Bilzin Sumberg Baena Price &Axelrod, LLP— 1450 Brickell Avenue, 23rd Floor, Miami) was in attendance on behalf of GOT183, LLC. The Commission discussed the item. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. 2 A correction of a scrivener's error has changed this from High to Medium High. Page 2 of 3 City of Aventura Local Planning Agency Meeting Minutes June 14, 2022 The motion to recommend adoption of the Ordinance was unanimously passed, by roll call vote. Mrs. Horvath read the following Ordinance title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION 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. A motion to recommend adoption of the Ordinance was offered by Commissioner Friedland and seconded by Vice Mayor Landman. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval of the ordinance, and reviewed the next steps. Brian Adler, Esq. —Applicant (Bilzin Sumberg Baena Price &Axelrod, LLP— 1450 Brickell Avenue, 23rd Floor, Miami) was in attendance on behalf of GOT183, LLC. The Commission discussed the item. Mayor Weisman opened the public hearing. The following members of the public provided comments: Marek Chmiel (18424 NE 27th Court, Aventura). There being no additional 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 Narotsky, seconded by Vice Mayor Landman, and unanimously passed; thereby, adjourning the meeting at 6:21 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on February 7, 2023. Page 3 of 3 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 64DL BY: Keven Klopp, Community Development Director DATE: February 3, 2023 SUBJECT: Amendment to Section 31-144 "Business Zoning Districts" of the City's Land Development Regulations to Include Restaurant, Cafe, or Coffee House with a Drive-through as a Conditional Use in the Community Business (132) District February 7, 2023 Local Planning Agency Meeting Agenda February 7, 2023 City Commission Meeting Agenda (First Reading) March 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-144 of the City's Land Development Regulations to include restaurant, cafe, or coffee house with a drive-through as a Conditional Use in the Community Business (132) district. THE REQUEST City staff is requesting an amendment to Section 31-144(c)(2) of the City's Land Development Regulations to include restaurant, cafe, or coffee house with a drive-through as a Conditional Use in the Community Business (132) district. Amendments to the City's Land Development Regulations are to be reviewed by, and a recommendation made by, the City's Local Planning Agency (LPA) prior to consideration by the City Commission. ANALYSIS Section 31-77(g) of City Code lists five (5) standards that the Commission is to consider when reviewing proposed amendments to the text of the Land Development Regulations. The amendment is to be legally required, consistent with the Comprehensive Plan, consistent with the purpose of the LDR, supportive of orderly development, and helpful in administering the development process. The proposed amendment meets those standards. There are currently fifteen (15) conditional uses listed within B2. These are uses which can be allowed, but only if approved by the City Commission. This amendment adds restaurant, cafe, or coffee house with a drive-through to the list of conditional uses requiring Commission approval. This item was discussed at the City Commission's Workshop in December 2022. A proposed Starbucks with a drive through in the Promenade shops is currently prohibited. The proposed amendment, if approved, would allow that request, and other similar requests, to be considered by the City Commission. Proposed Amendments': Sec. 31-144. - Business Zoning Districts. (c) Community Business (B2) District. (See Exhibit #1) (2) Conditional use. The following uses if first approved as a conditional use: p. Drive-through facilities for restaurant, cafe and coffee houses. ' Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. 2 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A CONDITIONAL USE IN THE COMMUNITY BUSINESS (132) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") desires to amend Chapter 31 "Land Development Regulations," Article VII "Use Regulations," Section 31-144, "Business Zoning Districts," of the City Code of Ordinances (the "City Code") to permit restaurant, cafe, or coffee house drive-through uses as conditional uses within the Community Business (B2) zoning district; and WHEREAS, staff has recommended approval of the amendment to Section 31- 144 of the City Code in its report dated February 3, 2023; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the City Code and Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 31 "Land Development Regulations," Article VII "Use Regulations," Section 31-144 "Business Zoning Districts," of the City Code of Ordinances is hereby amended as follows:' Chapter 31 — Land Development Regulations Article VII — Use Regulations Sec. 31-144. - Business Zoning Districts. (c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. (2) Conditional use. The following uses if first approved as a conditional use: p Drive-through facility for a restaurant, cafe or coffee house. 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 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. 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 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. 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED on first reading this 7t" day of February, 2023. PASSED AND ADOPTED on second reading this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven Klopp, Community Development Director DATE: February 3, 2023 SUBJECT: Amendment to Section 31-233 "Architectural Design Standards" of the City's Land Development Regulations to Adopt a Primary Color Palette Applicable to the Exterior Surfaces of any Multi-family, Townhouse or Nonresidential Building February 7, 2023, Local Planning Agency Meeting Agenda February 7, 2023 City Commission Meeting Agenda (First Reading) March 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending Section 31-233 of the City's Land Development Regulations to adopt a primary color palette applicable to the exterior surfaces of any multi-family, townhouse or nonresidential building. THE REQUEST Pursuant to the City Commission's request, staff prepared an amendment to Section 31- 233 of the City's Land Development Regulations to adopt a primary color palette applicable to the exterior surfaces of any multi-family, townhouse or nonresidential building. Amendments to the City's Land Development Regulations are to be reviewed by, and a recommendation made by, the City's Local Planning Agency (LPA) prior to consideration by the City Commission. ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: Section 31-77(g) of City Code lists five (5) standards that the Commission is to consider when reviewing proposed amendments to the text of the Land Development Regulations. The amendment is to be legally required, consistent with the Comprehensive Plan, consistent with the purpose of the LDR, supportive of orderly development, and helpful in administering the development process. The proposed amendment meets those standards. The adoption of a color palette will promote an identifiable aesthetic urban character for the City and provide further clarification on the design guidelines established in the Land Development Regulations. Description/Background of Proposed Amendments: The City Commission requested, at a Commission Workshop, that staff present a recommendation for the adoption of a color palette for buildings in the City. Staff presented a proposed process and color palette at the December 2022 City Commission Workshop. The Commission indicated a comfort level with the process recommended, but requested that a broader palette be considered. At the January 2023 City Commission Workshop, staff presented a broader color palette; the list of those colors is included here as Exhibit 1. The requirement for approval of the color will become part of the commercial painting permit requirement — adding color as part of the permit review process. The permit requirement will apply to multi-family, townhouse and nonresidential buildings. Appeals, if any, will be to the City Commission. The broader palette represents most of the various hues - including blue, green, and yellow - and contains over 200 preselected colors, all of which are moderate in intensity. CONCLUSION Staff recommends adoption of the attached ordinance and color palette list (See Exhibit #1). The requirement will be added to Sec. 31-233. — Architectural design standards of the Land Development Regulations. The requirement will be implemented as a part of the existing commercial building painting permit requirements. 2 Exhibit 1 SHERWIN WILLIAMS 6225—Sleepy Blue 6784—Bravo Blue Main Color 6231 —Rock Candy 6791 —Lauren's Surprise 6232—Misty 6798—Iceberg 6000—Snowfall 6233—Samovar Silver 6799—Soar 6001 —Grayish 6238—Icicle 6805—Glass Bead 6002—Essential Gray 6239—Upward 6806—Rhythmic Blue 6007—Smart White 6245—Quicksilver 6807—Wondrous Blue 6008—Individual White 6246—North Star 6812—White Iris 6009—Imagine 6247—Krypton 6813—Wishful Blue 6014—Quartz White 6252—Ice Cube 7000—Ibis White 6015—Vaguely Mauve 6253—Olympus White 7001 —Marshmallow 6016—Chaise Mauve 6254—Lazy Gray 7002—Downy 6028—Cultured Pearl 6259—Spatial White 7003—Toque White 6029—White Truffle 6260—Unique Gray 7004—Snowbound 6035—Gauzy White 6266—Discrete White 7005—Pure White 6036—Angora 6267—Sensitive Tint 7006—Extra White 6037—Temperate Taupe 6273—Nouvelle White 7007—Ceiling Bright White 6042—Hush White 6274—Destiny 7008—Alabaster 6043—Unfussy Beige 6275—Fashionable Gray 7009—Pearly White 6049—Gorgeous White 6385—Dover White 7010—White Duck 6056—Polite White 6413—Restoration Ivory 7011 —Natural Choice 6057—Malted Milk 6414—Rice Paddy 7012—Creamy 6063—Nice White 6420—Queen Anne's Lace 7013—Ivory Lace 6064—Reticence 6421 —Celery 7014—Eider White 6070—Heron Plume 6427—Sprout 7015—Repose Gray 6071 —Popular Gray 6428—Honeydew 7016—Mindful Gray 6072—Versailles Gray 6429—Baize Green 7021 —Simple White 6077—Everyday White 6434—Spinach White 7022—Alpaca 6078—Realist Beige 6436—Bonsai Tint 7023—Requisite Gray 6079—Diverse Beige 6441 —White Mint 7028—Incredible White 6084—Modest White 6455—Fleeting Green 7029—Agreeable Gray 6085—Simplify Beige 6462—Green Trance 7030—Anew Gray 6091 —Reliable White 6469—Dewy 7035—Aesthetic White 6098—Pacer White 6470—Waterscape 7036—Accessible Beige 6099—Sand Dollar 6476—Glimmer 7042—Shoji White 6105—Divine White 6477—Tidewater 7043—Worldly Gray 6119—Antique White 6478—Watery 7044—Amazing Gray 6126—Navajo White 6490—Timid Blue 7056—Reserved White 6133—Muslin 6497—Blue Horizon 7057—Silver Strand 6140—Moderate White 6498—Byte Blue 7058—Magnetic Gray 6141 —Softer Tan 6499—Stream 7063—Nebulous White 6147—Panda White 6504—Sky High 7064—Passive 6148—Wool Skein 6511 —Snowdrop 7065—Argos 6154—Nacre 6512—Balmy 7070—Site White 6155—Rice Grain 6513—Take Five 7071 —Gray Screen 6161 —Nonchalant White 6518—Ski Slope 7077—Original White 6162—Ancient Marble 6519—Hinting Blue 7078—Minute Mauve 6168—Moderne White 6520—Honest Blue 7100—Arcade White 6169—Sedate Gray 6525—Rarefied Air 7101 —Futon 6170—Techno Gray 6526—Icelandic 7102—White Flour 6175—Sagey 6532—Aura White 7103—Whitetail 6176—Livable Green 6533—Mild Blue 7104—Cotton White 6182—Ethereal White 6534—Icy 7105—Paperwhite 6183—Conservative Gray 6672—Morning Sun 7106—Honied White 6184—Austere Gray 6679—Full Moon 7121 —Corona 6189—Opaline 6680—Friendly Yellow 7122—Lemon Drop 6190—Filmy Green 6686—Lemon Chiffon 7123—Yellow Beam 6191 —Contented 6687—Lantern Light 7124—Crescent Moon 6196—Frosty White 6693—Lily 7125—Glittery Yellow 6197—Aloof Gray 6694—Glad Yellow 7126—Pearl Onion 6198—Sensible Hue 6700—Daybreak 7127—Apple Slice 6203—Spare White 6707—Narcissus 7128—Green Glaze 6204—Sea Salt 6714—Citrine 7131 —Brooklet 6205—Comfort Gray 6721 —Enlightened Lime 7133—Faraway Blue 6210—Window Pane 6728—White Willow 7134—Tibetan Sky 6211 —Rainwashed 6742—Lighter Mint 7135—Twinkle 6217—Topsail 6763—Retiring Blue 7136—Chapeau Violet 6218—Traderwind 6777—Carefree 7138—Lavender Wisp 6224—Mountain Air 6778—Aviary Blue 7140—Snowberry CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-233 "ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide language and/or to clarify certain sections of the Code; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Paragraph (c), "Minimum design standards" of Section 31-233 "Architectural design standards" of the City's Land Development Regulations is hereby amended as follows:' Sec. 31-233. —Architectural design standards. (c) Minimum design standards. (See Exhibit#1) (6) Color palette. Adoption of primary color palette and color review chart. Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. a. Adoption. The City hereby adopts the primary color palette and color review chart which is on file and available in the offices of the Community Development Department and on the City's website. b. Purpose. The purpose of this subparagraph is to enhance the unique architectural environment of the City by establishing general standards for the choice of colors for the exterior surfaces of multi-family, townhouse and nonresidential buildings. c. Color chart review application standards. The Community Development Department, when reviewing applications filed pursuant to Section 31- 233(c)(6)(d), shall apply the following review standards: (1) The exterior walls of buildings and structures shall be painted with colors selected from the City's primary color palette. (2) Colors selected shall be appropriate to the architectural style, ornamentation, massing, scale and structure. d. Applicability. (1) The application or use of any colors on the roofs or exterior surfaces of any multi-family, townhouse or nonresidential building, structure or wall shall require a permit authorizing said exterior color prior to the application of said color. (2) The color charts adopted in Section 31-233(c)(6)(a) shall not be applicable to roofs or exterior surfaces left in their natural state, such as rock, stone, or finished woods, or covered with a clear finish. (3) For the purpose of this section, a mixed-use building, whether including residential and commercial uses (such as a residence above a store), shall not constitute a residential building and must comply with this article. e. Permit application and review. (1) Each applicant for a permit required pursuant to Section 31-233(c)(6)(d) shall submit to the director for his/her approval, prior to the execution of such work, a sample of the color(s) to be used in such work and a description of the location at which said color(s) will be used. (2) The director shall review the application and color sample to determine whether the colors are substantially similar to those provided in the City's adopted color palettes and whether the use of the color complies with the City's color review chart. The director may either grant or deny any such permit application. In the event that the director denies a permit application, the director shall provide a list of alternative acceptable paint colors and color schemes that may be used. f. Appeals to City Commission. Any decision of the director made pursuant to Section 31-233(c)(6)(e) may be appealed to the City Manager or his or her designee. A decision of the City Manager or his or her designee shall be appealable to the City Commission, and shall be set for review at the next available Commission meeting. The City Manager or the City Commission shall conduct its own review to determine whether the requirements for an exemption have been satisfied or that the requested colors substantially conform to the adopted color palette or color review chart. Only the City Commission may permit the use of colors or color schemes that are materially different from those provided in the adopted color palette or color review chart upon a showing that the color selection or use of color is harmonious with neighboring structures. For the purpose of this section, the term "harmonious" shall mean that there is an agreeable relation between use of colors on and between neighboring structures. In order to determine whether the use of color(s) is harmonious with neighboring structures, the City Commission shall rely on the color review chart and color palette as it has been applied to structures that comply with the requirements of the color palettes and color review chart within a three hundred-foot radius of the property in question as a benchmark to guide its determination. Section 2. 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 3. Inclusion in the Code. It is the intension 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 4. Effective Date. This Ordinance shall be effective immediately upon adoption of second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED on first reading this 7t" day of February, 2023. PASSED AND ADOPTED on second reading this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven Klopp, Community Development Director DATE: February 3, 2023 SUBJECT: Request of Aventura Hilton at 2885 NE 191 Street (SV2212-0001) for Sign Variance and Addition of Exterior Lighting February 7, 2023 Local Planning Agency Meeting Agenda February 7, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the request for a third wall sign measuring 100 square feet to be located on the northeast elevation, and the addition of exterior lighting on the southwest and northeast elevations of the existing Aventura Hilton building located at 2885 NE 191 Street. THE REQUEST The applicant, Aventura Hospitality LLC, is requesting variance from Section 31-191 0)(2)(d) of the City's Land Development Regulations (LDRs) to permit a third wall sign to be located on the northeast elevation of the existing Aventura Hilton hotel, where only two wall signs per building are permitted. The applicant is also requesting variance from Section 31-234 (e) of the City's LDRs to permit the addition of exterior lighting on the southwest and northeast elevations of the existing Aventura Hilton hotel located and mounted at eighty feet above grade, where heights no greater than thirty feet are allowed. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Hospitality, LLC APPLICANT Aventura Hospitality, LLC ADDRESS OF PROPERTY 2885 NE 191 Street, City of Aventura (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Tract A, Turnberry Plaza, PB173, Page 037, City of Aventura Zoning - Subject Property: B2 Community Business District Properties to the North: B2 Community Business District Properties to the South: TC1 Town Center District Properties to the East: TC1 Town Center District Properties to the West: B2 Community Business District Existing Land Use - Subject property: Hotel Properties to the North: Regional Mall Properties to the South: Commercial Plaza Properties to the East: Office Building Properties to the West: Hotel Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Town Center Property to the East: Town Center Property to the West: Business and Office The Site —The site is a 3.69-acre parcel with an existing LEEDO Gold certified, 12 story, 120-foot-tall hotel with structured parking. The Project - The applicant is proposing a third wall sign on the northeast elevation of the existing hotel to direct customers from Lehman Causeway (SR 856). The building currently has two wall signs, one on the northwest elevation of the building facing Biscayne Boulevard and a second sign on the southwest elevation of the building facing 191 Street. The City's LDRs allows a maximum sign area of one and three-quarters square feet for each one lineal foot of building frontage. Based on the 361 lineal feet of the northeast elevation frontage, the proposed wall sign of 100 square feet is permitted by Code. The sign package showing the location of the existing and proposed wall signs is attached as Exhibit #3. The applicant is also proposing the addition of exterior accent lighting to emphasize visibility and accentuate the architectural features of the building. The proposed luminaires will be placed on the southwest and northeast building elevations at eighty feet above ground. The prospective pattern and samples of the proposed fixtures are attached as Exhibit#4. 2 ANALYSIS Community Development Department Analysis- Sign Variance Section 31-191 0)(2)(d) regulates wall signs for office and hotel buildings located 11 to 15 stories high. Two wall signs per building are permitted, with one wall sign only per building elevation. The existing wall signs comply with this section. Due to the building's unusual orientation and location hidden behind other buildings, three wall signs are appropriate to provide visibility and wayfinding. This Section also regulates the allowed sign area. The maximum size allowed for wall signs is three-quarters square feet for each one lineal foot of building frontage. This building has a frontage of 361 lineal feet; therefore, one wall sign with an area of 100 square feet is compliant. Exterior Lighting Variance Section 31-234(e) of the City's LDRs regulates outdoor lighting height standards. All private outdoor lighting shall be designed, located and mounted at heights no greater than twelve feet above grade for non-cut-off type luminaries, and thirty feet above grade for cut-off type luminaries. The proposed luminaires will be located and mounted between 80-feet and 120-feet height. Criteria The criteria for approval of variances set out in Section 31-191(m)(8) of the City of Aventura Land Development Regulations is as follows: "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 be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required". The proposed wall sign and exterior accent lighting will help with the hotel visibility and emphasize the building's architectural features producing pleasing graphic effects; they will identify the hotel to traffic along Lehman Causeway and provide effective way-finding. This request maintains the basic intent and purpose of the sign regulations, is compatible with the surrounding land uses, and will not be detrimental to the community. FINDINGS Based on the Analysis above, the application is found to meet the criteria for approval of variances in Section 31-191(m)(8) of the City of Aventura Land Development regulations. Staff therefore recommends approval by the Local Planning Agency and the City Commission. 3 EXHIBIT#1 SV2212-0001 PMG ASSET SERVICES, LLC December 9, 2022 Keven Klopp Community Development Director City ❑f Aventura 19200 West Country Club Drive Aventura, Florida 33180 Re: Hilton Full Service Hotel- 2875 NE 191 St., Aventura Sign Variance& Additional Exterior Lighting Dear K.even, We are pleased to represent Aventura Hospitality, LLC, and we respectfully Submit, on their behalf, this request for a sign variance and the addition of exterior lighting. Signage: The hotel has a serious visibility problem. Sitting at an angle, the main (larger) sides of the building face northeast (towards Lehman causeway), and southwest (towards NE 191 St.). There are currently 2 signs at the top of the building, on the northwest (short side) and southwest (long side facing NE 191 St.). That means there's no identification on the northeast side, facing the Lehman Causeway, and as a result we've gotten complaints that it's not always easy to End the hotel. As �yw E r Ksa;C_`� li R56 - L 4651 Sheridan Street, Suite 4480 Hollywood, Fl. 33021 Phone (954) 392-8788 PIVIG ASSET SERVICES, LLC Many out-of-town visitors take the scenic route along the beach to get to the hotel, then take the Lehman Causeway to reach us. Even if they are following GPS they lack the frame of reference you get when you see the sign, letting them know which building they are going to. It is also important, not only to bring national and international visitors to the city of Aventura, but to bring in the regional traffic as well. Anyone coming to the city for other business, or to visit other restaurants or the mall, as they travel at high speeds ❑n the Lehman Causeway, will not even be aware that there's a Hilton Full Service there. Those folks could come t❑ the city for one thing, notice the hotel, and decide they should stay there next month so we're close to the golf courselshoppinglentertainmentlete. But they need to be able to identify the hotel first. This also hurts the spur of the moment decision to stop and eat at our restaurant. We cannot eliminate one of the existing signs in order to add the third because the building requires all 3 signs due to it's unusual orientation at an angle, and the fact that it's hidden behind other buildings. The hotel is squeezed in between the causeway to the north, an office building to the south, and the Courtyard Marriott to the west. The hotel requires signs on all three sides in order to cover the different angles from mayor roadways. Exterior Accent Lighting. Along with helping with the visibility problem, our exterior accent lighting helps emphasize the architectural features of the building. The accent lighting will bring interest to the building without overemphasizing the building, and overpowering its environment. The innovative optical system produces pleasing graphic effects. The enclosed drawings show the prospective pattern, and in the following page are samples of the light fixtures and their effect. Should there be any questions, please do not hesitate to call me. Sincerely, PMG Asset Services,LLC Jorge Cep Director of Land Entitlenients 4651 Sheridan Street, Suite#480 Hollywood, Fl. 33021 Phone (954) 392-8788 EXHIBIT#2 BROWARD COUNTY `- u w� wr• wry r w.w ;0 ■ry L TV n YT LTi Tr`; :~ rr• rr• w� ■� DADECOUNTY Gul stream f ■4'V7"S'nV7■i7'Sf7'ti' 517■■ YACHT CLUB DR. + '+ Park + MARINA ■ :� A eui+ou Q. HARBOR COVEff :r Hospital WAY CIRCLE ■ Waterways ■ WATERWAYS 43LD Shoppes 207 ST, ■ W ¢ COUNTRY CLUB DR. 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WHEREAS, Section 31-191(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 B2, Community Business District; and WHEREAS, the applicant, Aventura Hospitality, LLC ("Aventura Hospitality"), through Application No. SV2212-0001, is requesting a sign variance from Section 31- 1910)(2)(d) of the City' s Land Development Regulations ("LDRs") to permit a third wall sign to be located on the northeast elevation of the property legally described in Exhibit "A", where only two wall signs per building are permitted; and WHEREAS, the applicant, Aventura Hospitality, is requesting a variance from Section 31-234(e) of the City's LDRs to permit the addition of exterior lighting on the southwest and northeast elevations of the existing Aventura Hilton hotel located and mounted at eighty feet above grade, where heights no greater than thirty feet are allowed 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 City of Aventura Resolution No. 2023- 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. The sign variance from Section 31-1910)(2)(d) of the City' s Land Development Regulations (LDRs) to permit a third wall sign, where only two wall signs per building are permitted; and the addition of exterior lighting on the southwest and northeast elevations mounted at eighty feet above grade, where heights no greater than thirty feet are allowed on the property legally described in Exhibit "A" are 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: • "Aventura Hilton Hotel", Sheets V-0 through V-5, dated 08/19/2021 and Sheet A410, prepared by Prime Design Associates, dated 03/08/2017. 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. 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. Page 2 of 3 City of Aventura Resolution No. 2023- 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED AND ADOPTED this 7t" day of February, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 EXHIBIT "A" Legal Description: TURNBERRY PLAZA PB 173-037 T-23327 TR A LOT SIZE 99765 SQ FT M/L FAU 28 2203 000 0100