Loading...
04-04-2023 City Commission Regular Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q CITY COMMISSION REGULAR MEETING AGENDA April 4, 2023 6:00 p.m. Aventura Government Center Commission Chambers City Commission 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 (REVISED 3/31/2023) Aventura City Commission Regular Meeting Agenda(Revised 3/31/2023) April 4, 2023 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Employee Service Awards • Aventura City of Excellence School Update • Don Soffer Aventura High School Update 55. C O N S E N T AG E N D A: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • March 7, 2023 City Commission Regular Meeting • March 16, 2023 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO$7,518.55 FOR ARMORERLINK PRODUCTS FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $11,821.30 FOR S.T.A.T. MEDICAL DEVICES FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE SPENDING PLAN APPROVED BY THE CITY COMMISSION AS DETAILED IN RESOLUTION NO. 2022-15 AND AMENDED IN RESOLUTIONS NO. 2022-33 AND NO. 2022-62 FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT(ARPA); AUTHORIZING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS TO INCLUDE COMMUNITY DEVELOPMENT, POLICE AND PARKS & RECREATION DEPARTMENT PROJECTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 3 Aventura City Commission Regular Meeting Agenda(Revised 3/31/2023) April 4, 2023 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon an item,please inform the Mayor when public comments are requested.An opportunity for persons to speak on the items will be made available after the applicant and staff have made their presentations on the items. All testimony, including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS/PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT INDOOR COCKTAIL BAR/LOUNGE AREAS WITHIN RESTAURANTS ESTABLISHED AT THE PROPOSED AVENTURA FOOD HALL LOCATED AT 2777 NE 185 STREET; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31-144(C)(5)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT ASIDE-YARD SETBACK OF 10 FEET ALONG THE NORTH AND SOUTH PROPERTY LINES, WHERE SETBACKS OF 20 FEET ARE REQUIRED BY CODE, AND FROM SECTION 31-144 (C)(5)(A)2 TO PERMIT AN INCREASE IN THE LOT COVERAGE TO ALLOW 42.64% COVERAGE WHERE 40% IS PERMITTED FOR THE PROPERTY LOCATED AT 2777 NE 185 STREET; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE MORE UNIFORMITY AMONG ADVISORY BOARD REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTION/PUBLIC INPUT: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO PAY APPLICABLE HEALTH INSURANCE PREMIUMS FOR ELECTED OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A BID/CONTRACT FOR BID NO. 23-02-27-3, FOUNDERS PARK SOUTH FACILITY, TO BEJAR CONSTRUCTION AT THE BID PRICE OF $1,308,748.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Regular Meeting Agenda(Revised 3/31/2023) April 4, 2023 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION REGULAR WORKSHOP—APRIL 20, 2023 AT 9 AM COMMISSION REGULAR MEETING—MAY 2, 2023 AT 6 PM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: March 31, 2023 SUBJECT: Approval of Minutes April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in March. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • March 7, 2023 City Commission Regular Meeting • March 16, 2023 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR MEETING MINUTES MARCH 7, 2023 6:00 p.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6.02 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, 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 the Aventura Police Department Explorers (Post#497). 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Proclamation: Mayor Weinberg, accompanied by the City Commissioners, Mr. Wasson, Mr. Meyers, and Mrs. Horvath, presented Commissioner Michael Stern with a proclamation designating March 2023 as Colorectal Cancer Awareness Month. • Special Recognitions: Chief Michael Bentolila presented plaques to Tint Haus Customs, Community-Police Relations Foundation, and Strobes-R-Us in recognition of their work on the new Police Department Slingshot vehicle. He also recognized members of the Aventura Police Department Explorers (Post #497) in attendance. • Certificates of Appointment: Mr. Wasson presented Certificates of Appointment to the newly appointed members of the Community Services Advisory Board and the Don Soffer Aventura High School Advisory Board. • Employee Service Awards: Mr. Wasson presented Police Officer Barbara Arocha (20 years) and Human Resources Director Gladys Carcamo (10 years) with recognition certificates and tokens of appreciation for the completion of milestone years of service with the City. Aventura City Commission Regular Meeting Minutes March 7, 2023 • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala provided the school update. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee provided the school update, followed by a performance by the theatre students. • Brightline Update: Brian Kronberg, VP Development — Brightline, provided an update on the Aventura Brightline station. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. Items 5C and 5D were removed from the Consent Agenda by Mr. Wasson on behalf of Commissioner Dr. Marks. A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Friedland, seconded by Commissioner Kruss, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • February 7, 2023 City Commission Regular Meeting • February 16, 2023 City Commission Special Workshop • February 23, 2023 City Commission Regular Workshop B. Resolution No. 2023-12 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CO- DESIGNATING NE 190th STREET FROM COUNTRY CLUB DRIVE TO THE ENTRANCE OF THE HIDDEN BAY RESIDENTIAL COMMUNITY AS"HIDDEN BAY DRIVE"; DIRECTING THE CITY CLERK TO SUBMIT THIS RESOLUTION TO MIAMI-DADE COUNTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Removed for discussion as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF THREE MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE ONE-YEAR TERMS ENDING IN MAY 2023; AND PROVIDING FOR AN EFFECTIVE DATE. D. Removed for discussion as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF TWO VOTING MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE TWO-YEAR TERMS ENDING IN NOVEMBER 2023; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 6 Aventura City Commission Regular Meeting Minutes March 7, 2023 E. Resolution No. 2023-15 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING PAYMENT TO GARLAND/DBS INCORPORATED FOR THE EXTERIOR REPAIRS FOR THE AVENTURA ARTS & CULTURAL CENTER FOR THE PRICE CONTAINED IN EXHIBIT "A" ATTACHED; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS;AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2023-16 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF AUDIO-VISUAL EQUIPMENT TO UPGRADE THE COMMISSION CHAMBERS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2023-17 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF CARRIER BRAND HVAC CHILLER UNITS LOCATED ON THE GOVERNMENT CENTER ROOFTOP; AUTHORIZING THE MANAGER TO ACCESS A COOPERATIVE PURCHASING AGREEMENT TO OBTAIN THE MOST COMPETITIVE PRICE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Item 5C: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF THREE MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE ONE-YEAR TERMS ENDING IN MAY 2023; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Friedland and seconded by Commissioner Bloom. Mr. Wasson provided a brief overview of the item appointing Bruce Davidson, Donna Mairs, and Jesse Potack to the Community Services Advisory Board. The City Commission recognized the following new members in attendance: Ms. Mairs and Mr. Potack. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-13 was adopted. Page 3 of 6 Aventura City Commission Regular Meeting Minutes March 7, 2023 Item 51): Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF TWO VOTING MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE TWO-YEAR TERMS ENDING IN NOVEMBER 2023; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Friedland and seconded by Commissioner Bloom. Mr. Wasson provided a brief overview of the item appointing Clifford B. Ain and Nadine M. Weltman Laham to the Don Soffer Aventura High School Advisory Board. The City Commission recognized the following new member in attendance: Ms. Laham. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-14 was adopted. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-20 "ADOPTION OF IHRA DEFINITION, CONSIDERATION OF ANTI-SEMITISM AND HATE CRIMES IN ENFORCING LAWS," TO FURTHER DEMONSTRATE THE CITY'S COMMITMENT TO COMBAT ANTISEMITISM AND DIRECTING THE POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM IN THE EVALUATION OF EVIDENCE IN ENFORCING HATE CRIME LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Friedland. Commissioner Kruss reviewed the item. Mayor Weinberg opened the item for public comment. The following members of the public provided comments: Marcelle Fischler (3370 NE 190 Street #2707, Aventura). There being no additional comments, Mayor Weinberg closed the item for public input. Page 4 of 6 Aventura City Commission Regular Meeting Minutes March 7, 2023 The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-03 was adopted. Mrs. Horvath read the following Ordinance title- B. 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. A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by Commissioner Kruss. Mr. Wasson reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-04 was adopted. Mrs. Horvath read the following Ordinance title- C. 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. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Stern. Mr. Wasson reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-05 was adopted. Mrs. Horvath read the following Ordinance title- D. CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY OF AVENTURA CODE OF ORDINANCES BY CREATING CODE SECTION 14-3 "ANNUAL CERTIFICATION OF STRUCTURAL MAINTENANCE,"AND AMENDING ARTICLE II OF CHAPTER 14 OF THE CITY CODE BY CREATING CODE SECTION 14-32"PAINTING AND/OR WATERPROOFING OF EXTERIOR BUILDING SURFACES REQUIRED;" PROVIDING FOR PENALTY; Page 5 of 6 Aventura City Commission Regular Meeting Minutes March 7, 2023 PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by Commissioner Stern. Mr. Wasson reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-06 was adopted. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS: No reports were provided. 11. PUBLIC COMMENTS: The following members of the public provided comments: Marcelle Fischler (3370 NE 190 Street #2707, Aventura), Herb Oster (3370 NE 190tn Street #2312, Aventura), Shaun Moss (3330 NE 190t" Street #TH17, Aventura), Sue Sussman (21150 NE 38t"Avenue#1705, Aventura), Alicia Bolicini (3029 NE 188t" Street, Aventura), Xiu Wang (3115 NE 184t" Street #4301, Aventura), Julie Bruno (20775 NE 32nd Place, Aventura), Todd Rubin (20281 E. Country Club Drive, Aventura), Jessica Velasquez (No address provided), Rachel Moss (3330 NE 190t" Street#TH17, Aventura), Debra Lee Kazam (3370 NE 190t" Street, Aventura), Jennifer Hoberman (3370 NE 190 Street, #904, Aventura), Alexandra Bohnet-Nunez (Nunez Tennis - 21399 Marina Cove Circle, Aventura), Richard Kaufman (20936 Bay Court #326, Aventura), Drew Epstein (3131 NE 188 St#PH1-1205, Aventura), and Margie Oster (3370 NE 190t" Street#2312, Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Bloom, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 7:58 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 4, 2023. Page 6 of 6 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES MARCH 16, 2023 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at 9:04 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was led by Mayor Weinberg. 3. Presentation: State of the Aventura Arts & Cultural Center (City Manager): Mr. Wasson introduced the item. Jeff Kiltie, General Manager - Aventura Arts & Cultural Center, reviewed a presentation titled Aventura Arts & Cultural Center Commission Presentation dated March 16, 2023 including the following items: Mission Statement, Objectives, Broward Center Management, Celebrating 13 Years of Performances 2010-2023, Celebrating 13 Years of Partner Success 2010-2023, Current Season to Date, 2022-2023 Season — Average Attendance by Genre, Arts Ballet Theatre of Florida's Sensory Inclusive Nutcracker, Aventura Arts &Cultural Center Demographics, Aventura Arts &Cultural Center Zip Code Analysis, Marketing Highlights, Social Media Overview, Projected Performances & Activity 2023-2024, and 2023-2024 Season Programming. Matt McNeil, Vice President of Programming & Marketing - Broward Center for the Performing Arts, provided comments on the ticketing process. The City Commission discussed the item including rental costs, types of rentals, Ticketmaster prices, additional revenue per ticket, and having a conversation in the future regarding the resale of tickets. City Manager Summary: This item was provided for informational purposes. 4. Food Freshness Dates (Commissioner Dr. Marks): Commissioner Dr. Marks requested that the City educate the residents about food freshness dates at grocery stores. Aventura City Commission Regular Workshop Minutes—March 16, 2023 The City Commission discussed the item focused on food at retail grocery stores. Mr. Meyers provided comments on the rules/law regarding expiration dates on food. City Manager Summary: It was the consensus of the City Commission for the news letter/webs ite to include language informing residents about food freshness dates focused on reminding residents to check the dates, to be reviewed by Commissioner Dr. Marks. 5. Follow-up Discussion: Health Insurance for Elected Officials (City Manager): Mr. Wasson explained that the item was placed on the agenda as a follow-up to a prior discussion on the topic to allow the City to pay for health insurance premiums for elected officials during their term(s) of office. The City Commission discussed the item including insurance coverage being a standard practice for elected officials in other municipalities. Adrian Gonzalez, District Aide to Florida Representative Fabian Basabe, provided comments on what state representatives received. Mr. Meyers provided comments on the ability for elected officials to receive such a benefit, since health insurance premiums were considered an exemption from the compensation language and could be approved via resolution. City Manager Summary: It was the consensus of the City Commission to proceed with a Resolution on the April City Commission Meeting Agenda for the City to pay for health insurance coverage for elected officials and to offer dependent coverage similar to that offered to general employees. 6. Discussion: City Advisory Boards (City Manager): Mr. Wasson reviewed the current advisory boards. The City Commission reviewed the item including changing all member terms to two years except for the Don Soffer Aventura High School Advisory Board, allowing the City Manager to automatically remove a member after missing two meetings in a calendar year without an excused absence, and allowing for alternates to be appointed. Mr. Meyers clarified the changes. City Manager Summary: It was the consensus of the City Commission to proceed with an ordinance to standardize certain aspects of the advisory boards as discussed. 7. Discussion: Don Soffer Aventura High School Graduation Parade (Commissioner Dr. Marks): Commissioner Dr. Marks reported on inquiries regarding a parade for the first graduating class from the high school. Mr. Wasson discussed the parade that was started during the COVID-19 pandemic for all Page 2 of 4 Aventura City Commission Regular Workshop Minutes—March 16, 2023 high school seniors within the City graduating during the pandemic and the decreased attendance by the third year. The City Commission discussed the item including the prior Commission ending the parade based on low attendance, the safety issues related to a parade, and whether or not a parade should be done for the first Soffer High School graduating class. City Manager Summary: It was the consensus of the City Commission to continue with the prior Commission's decision not to have a graduation car parade. 8. Discussion: Land Lease for Additional Space at Veterans Park (City Manager): Mr. Wasson requested direction on land available through a long-term lease from the Peninsula, to allow for a basketball court/soccer field at Veterans Park, with the requests from the building including a dedicated entrance and usage time. The City Commission discussed the item including the lease amount, finding out the purchase price in lieu of a lease, cost to upgrade the land, and the programming to be confirmed. City Manager Summary: It was the consensus of the City Commission for the City Manager to proceed. 9. Discussion: Approval of the American Rescue Plan Act (ARPA) Purchase of Audio-Visual Upgrades and Lectern for the Executive Conference Room (City Manager): Mr. Wasson reviewed the recommendation of the use of ARPA funds for upgrades to the 5t" Floor Executive Conference Room. The City Commission discussed the item focused on enhancing the audio visual equipment and a lectern. City Manager Summary: It was the consensus of the City Commission to proceed. 10. Discussion: Drone Show (City Manager): Commissioner Stern discussed the concept of a drone show and suggested that a test be done at the April movie night in anticipation of using the drones as part of or in place of the annual Fireworks display. Mr. Wasson provided information on the cost ranges. Mr. Meyers provided information on another municipality's (Bal Harbour) use of the drones as part of their Fireworks display. The City Commission discussed the item including the goal to possibly use the drone show as a blended part of the Fireworks display in July. City Manager Summary: It was the consensus of the City Commission to proceed with the drone show demonstration at the April movie night. 11. Discussion: Condominium Ombudsman (Commissioner Dr. Marks): Commissioner Dr. Marks discussed the emails received regarding condominium building Page 3 of 4 Aventura City Commission Regular Workshop Minutes—March 16, 2023 items and discussed the concept of an Ombudsman for people to be directed to for various questions or to provide them with information on who to contact. Mr. Wasson reported on the State Department of Business and Professional Regulation (DBPR) offices available in Sunny Isles Beach and Fort Lauderdale and explained the current process followed by the City. The City Commission discussed the item including condo board elections, resident concerns, re-certification, etc. Mr. Meyers provided comments on the ability for a person to direct them to the appropriate person. City Manager Summary: It was the consensus of the City Commission to provide information on the City's website, etc. with information on various referral entities to contact for certain items. 12. Discussion: Founders Park South Proiect Bid (Pickleball and Tennis Courts) (City Manager): Mr. Wasson distributed and reviewed information on the bids received for the Founders Park South Facility (Bid No. 23-02-27-3) and recommended that the bid be awarded to Bejar Construction, with a $400,000 grant to be applied to the cost of the project. City Manager Summary: It was the consensus of the City Commission to proceed with a Resolution on the April 4t" City Commission Meeting Agenda awarding the bid to Bejar Construction. Mayor Weinberg explained the Commission Workshop process to those members of the public in attendance and the opportunity for them to provide comments on the item at the April 4, 2023 City Commission Meeting. Mr. Wasson will meet with anyone wishing to review the design drawings prior to the April meeting. 13. Adiournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 10:43 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 4, 2023. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: March 31, 2023 SUBJECT: Resolution Declaring Property as Surplus April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CC03091-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 4t" day of April, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA POLICE DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Michael Bentolila, Chief of Polices,,/-;- ' DATE: March 31, 2023 SUBJECT: Surplus Property I am requesting that the following listed items be declared surplus property, pursuant to the City of Aventura Administrative Policy Directives and Procedures (Chapter 6, Subsection 5, Pagel), as the property "has become obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was intended, or is no longer needed for public purposes:" • Two Paintball Guns: 1 Spyder Victor and 1 Brass Eagle Avenger • One SPA-SIMRAD Rifle Optic with Bag and Case (4-526) • One Raytheon Palm IR 250 Handheld Thermal Optic (CS259666) • Ten Self Contained Breathing Apparatus Masks and Cases (0012, 0013, 0014, 0015, 0016, 0017, 0018, 0019, 0020, and 0001) • Four Vehicles/One Trailer: Unit 3034 - 2010 Ford Crown Vic (8039) Unit 3077 - 2010 Ford Crown Vic (8043) Unit 3061 - 2010 Ford Crown Vic (8041) Unit 3575 - 2015 Chevy Tahoe (5403) Unit 2276 - Haul Mark Trailer (4023) Please contact me should you have any questions regarding the items or this request. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C4-- DATE: March 31, 2023 SUBJECT: Disbursement of Police Federal Forfeiture Funds April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the following motion to expend funds from the Police Federal Forfeiture Funds: "Motion authorizing the appropriation of up to $7,518.55 for Armorerl-ink products from the Police Federal Forfeiture Funds in accordance with the City Manager's Memorandum." If you have any questions, please feel free to contact me. RJW/act Attachment CC03092-23 l CITY OF AVENTURA POLICE DEPARTMENT INTER FFIC TO: Ronald J. Wasson, City Manager 59 l FROM: Michael Bentolila, Chief of Police March 2 , 2023 DATE: Use of Federal Forfeiture Funds SUBJECT: The Federal Equitable Sharing Agreement ( EA), Section 'lilll allows for the use of federally forfeited funds for law enforcement. Section I , A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of these monies for the r, purchase of: Armorer Link ® Management system & annual subscription $3, 00 s Hardware and asset labels (one-time cost) $3,718.55 SUMM Armorer Link — ArmorerLink Asset Management System is a complete SaaS (patent pending) solution for firearm tracking, training and maintenance. "track ammunition, in- service training, work orders, firearm maintenance, and qualifications. `Crack all duty gear and manage the shooting range. This product will allow us to manage and track multiple assets throughout the agency, providing us with better accuracy, re-order times, training along with any item we can assign an asset tracker. f c 1 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C4-- DATE: March 31, 2023 SUBJECT: Disbursement of Police Federal Forfeiture Funds April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Funds: "Motion authorizing the appropriation of up to $11,821.30 for S.T.A.T. Medical Devices from the Police Federal Forfeiture Funds in accordance with the City Manager's Memorandum." If you have any questions, please feel free to contact me. RJW/act Attachment CC03093-23 CITY OF AVENTURA POLICE P T E T INTER IC TO: Ronald J. Wasson, City Manager FROM: Michael Bentolila, Chief of Police March 28, 202 AT Use of Federal Forfeiture Funds SUBJECT: 1 The Federal Equitable Sharing Agreement (F S ), Section VIII allows for the use of federally forfeited funds for law enforcement. Section I , A9'of the Federal Equitable Sharing agreement requires that the funds be upended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of these monies for the purchase of: S.T.A.T. M&dical ®evicts ®XF®RCE Vehicle Kits $8,678 X ORCE Tourniquets w/ holster $3,143.30 SUMMM t S.T.A.T. Medical Devices®Each vehicle has a medical supply kit for Officers to use on the public, fellow Officers or themselves. The majority of the items in our current kits have expired. Items that have not expired will be salvaged and placed in our inventory and used to replenish items that have been used on a scene. The new tourniquets are a major advantage over our current inventory. They can be used on small children and/or individuals of a small stature. They also have a self-counting time strip letting rescue personnel know exactly how long the tourniquet has been in place. All of our older model tourniquets will be re-purposed and staged in strategic locations around the city that a mass casualty event may occur, requiring the use multiple stop the bleed scenarios. a 6 CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz — Finance Director DATE: March 31, 2023 SUBJECT: Revision of the American Rescue Plan Act (ARPA) Spending Plan for the City's Community Development, Police, Public Works and Parks & Recreation Departments April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission modify the ARPA spending plan that was passed and adopted through Resolution No. 2022-15 on February 1, 2022 and amended through Resolution No. 2022-33 on April 5, 2022 and Resolution No. 2022-62 on November 1, 2022. BACKGROUND As part of the American Rescue Plan Act (ARPA), the U.S. Department of the Treasury launched the Coronavirus State and Local Fiscal Recovery Funds, which provides $350 billion in emergency funding for eligible state, local, territorial, and tribal governments. The intent of these funds is to aid and assist eligible governmental entities in recovery efforts resulting from the economic fallout of the COVID-19 pandemic. The City of Aventura's allocation is $18,525,074. This funding covers all qualifying expenditures on or after March 3, 2021. All funds must be obligated by December 31, 2024, and expended by December 31, 2026. On February 1, 2022, the City Commission passed and adopted a resolution authorizing the spending plan prepared by the City Manager. On April 5, 2022 and November 1, 2022, the City Commission passed and adopted resolutions authorizing the amendments prepared by the City Manager. Below is a summary of the changes to the ARPA project plan by department: Community Development Department Building Department Renovation — requires a budget amendment of $10,000 due to an expansion of the project area. The original plan was to renovate the front counter. The amended plan adds in the working space behind the counter. Total Community Development Department cost to be funded by the ARPA grant = $10,000 Police Department 2 — Community Policing Vehicles — requires a budget amendment of $11,922 due to higher than estimated costs on the Explorer's program van and outfitting costs (siren, lights and decals). Total Police Department cost to be funded by the ARPA grant = $11,922. Parks & Recreation Department Artificial Turf/Field Enhancement— requires a$743,118 budget amendment due to higher than estimated project costs for materials and labor as well as contaminated soil treatment procedures and monitoring. Additionally, a matching $400,000 grant from the Florida Department of Environmental Protection will assist in offsetting the costs of this project. ADA Compliant Restrooms — Waterways Dog and Peace Park — requires a $15,343 budget amendment because we were unable to utilize a gravity feed into the force main. The City needs to install an injector pump system to lead into the force main. Total Parks & Recreation Department cost to be funded by the ARPA grant = $758,461 FISCAL IMPACT: If approved, these projects will be funded by the ARPA grant which would then be allocated as follows: City's total ARPA allocation $18,525,074 Spending Plan approved on 2/1/22 14,412,653 Spending Plan amendments on 4/5/2022 and 11/1/22 1,575,706 Additional project amounts as listed above 780,383 Total spending plan as of 03/2023 $16,768,742 Remaining ARPA funds to allocate $1,756,332 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE SPENDING PLAN APPROVED BY THE CITY COMMISSION AS DETAILED IN RESOLUTION NO. 2022- 15 AND AMENDED IN RESOLUTIONS NO. 2022-33 AND NO. 2022-62 FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA), AUTHORIZING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS TO INCLUDE COMMUNITY DEVELOPMENT, POLICE AND PARKS & RECREATION DEPARTMENT PROJECTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Division of Emergency Management (the "Division") received a portion of the Fiscal Recovery Funds from the U.S. Department of Treasury (the "Treasury") and is responsible for disbursing to the City its allocation of $18,525,074 (the "Allocation") and disbursed the second installment in August 2022; and WHEREAS, at the November 2, 2021 City Commission meeting, the Commission passed a Resolution accepting the Allocation and approved the American Rescue Plan Act Coronavirus Local Fiscal Recovery Agreement with the State of Florida; and WHEREAS, at the February 1, 2022 City Commission meeting, the Commission approved a spending plan for a sizeable portion of the Allocation, with estimated costs for each item, subject to revision and reprogramming, but not to exceed the total Allocation; and WHEREAS, at the April 5, 2022 and November 1, 2022 City Commission meetings, the Commission approved an amended spending plan for a portion of the Allocation, with estimated costs for each item, subject to revision and reprogramming, but not to exceed the total Allocation; and WHEREAS, the City Manager wishes to amend the Spending Plan to utilize funds for projects attached hereto as Exhibit "A" in an amount which does not exceed the total Allocation approved by the City Commission at the February, April and November Commission meetings; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: City of Aventura Resolution No. 2023- Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Amended Spending Plan Approved. That the City Commission hereby approves the amended Spending Plan submitted by the City Manager, in substantially the form attached hereto as Exhibit "A." Section 3. Building Department Renovation Approved. That the City Commission hereby directs the City Manager to utilize Fiscal Recovery Funds to cover the estimated costs of the Building Department renovation. Section 4. Community Policing Vehicles Approved. That the City Commission hereby directs the City Manager to utilize Fiscal Recovery Funds to cover the estimated costs of the vehicles. Section 5. Artificial Turf/Field Enhancement Approved. That the City Commission hereby directs the City Manager to utilize additional Fiscal Recovery Funds to cover the estimated costs of the Artificial Turf/field enhancement at Founders and Waterways Parks. Section 6. ADA Compliant Restrooms — Waterways Dog and Peace Park Approved. That the City Commission hereby directs the City Manager to utilize additional Fiscal Recovery Funds to cover the estimated costs of the ADA Compliant Restrooms at Waterways Dog and Peace Park. Section 7. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution. Section 8. Effective Date. That this Resolution shall take effect immediately upon its passage and adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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, Esq. Page 2 of 3 City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 4t" day of April, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 City of Ave ntura Amendment to Spending Plan for American Rescue Plan funding April 2023 EXHIBIT A Current Spending Plan- Estimated Cost as Amendment to Department Description estimated cost* of 4/2023 project cost Community Development Building department renovation $ 20,000 $ 30,000 $ 10,000 Police 2-Community Policing vehicles 95,000 106,922 11,922 Parks&Recreation Artificial Turf/field enhancement 3,600,000 4,343,118 743,118 Parks&Recreation ADA Compliant Restrooms-Waterways Dog and Peace Park 480,000 495,343 15,343 Total project increase for ARPA spending plan-April 2023 $ 780,383 Spending plan approved on February 1,2022 $ 14,412,653 Spending plan amendment approved on April 5,2022 $ 662,647 Spending plan amendment approved on November 1,2022 $ 913,059 Total Allocation Approved with Spending Plan as Amended $ 16,768,742 Total ARPA allocation $ 18,525,074 Remaining funds to allocate $ 1,756,332 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: March 31, 2023 SUBJECT: Request for Conditional Use Approval for Alcoholic Beverages Proposed Aventura Food Hall - 2777 NE 185t" Street (CUP2303-0001) April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the above-mentioned Conditional Use application to allow sale and service of alcoholic beverages at indoor cocktail bar/lounge areas within restaurants established at the proposed Aventura Food Hall located at 2777 NE 185th Street, City of Aventura, subject to the following conditions- 1. This approval shall be granted exclusively to restaurants established within the proposed Aventura Food Hall at 2777 NE 185t" Street, Aventura. The approval may not be transferred to any other location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food within each restaurant. This does not preclude service of an alcoholic beverage only, without food, as long as the establishment complies with the food/beverage revenue percentages required by the State liquor license. The kitchen shall be open and food shall be available for service at all times when alcoholic beverages are being sold and served. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage nor any open alcoholic beverage container from the premises. 4. This approval is contingent upon the establishment and continued operation on premises of at least one (1) anchor restaurant with more than 2,500 square feet of floor space and seating accommodations for service of 150 or more patrons at tables, including seats at an indoor bar or counter at which full course meals are available, if applicable. 5. Each individual restaurant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within (12) months of the zoning approval granted by the City or such approval shall be deemed null and void. 6. Each individual restaurant shall comply with the hours of operation allowed for bars and cocktail lounges selling alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8.00 am and 1.00 am the following day. 7. Each individual restaurant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure that no sales are made to underage customers or to customers who may have been over-served at other establishments. 8. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. THE REQUEST The applicant, Aventura Corporate Center LLLP, is requesting conditional use approval to sell and serve alcoholic beverages at indoor cocktail bar/lounge areas within the restaurants established at the proposed Aventura Food Hall located at 2777 NE 185th Street, City of Aventura, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Sections 4-2(a) and (b)of the City Code (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Aventura Corporate Center LLLP APPLICANT Aventura Corporate Center LLLP ADDRESS OF PROPERTY 2777 NE 185t" Street (See Exhibit #2 for Location Map). LEGAL DESCRIPTION Lot 2, Block 1, Aventura Walgreens Subdivision, according to the plat thereof, as recorded in Plat Book 157, Page 43, of the Public records of Miami-Dade County, Florida. Zoning — Subject Property B2 - Community Business Properties to the North TC1 — Town Center District Properties to the South B2 - Community Business Properties to the East RMF4 — Multi-family High Density Residential B2 - Community Business Properties to the West B2 - Community Business 2 Existing Land Use — Subject Property Vacant Land Properties to the North Town Center Properties to the South Business and Office Properties to the East Multi-family Residential Hotel Properties to the West Retail Future Land Use — Subject Property Business and Office Properties to the North Town Center Properties to the South Business and Office Properties to the East Business and Office Properties to the West Business and Office The Site — The Aventura Food Hall is proposed to be located at 2777 NE 185 Street, adjacent to the upcoming Port Aventura Hotel and Residences to the East; Walgreens and Wildfork to the West; NE 187 Street to the north; and NE 185 Street to the south, as shown on Exhibit #3. The Project —Aventura Food Hall's intent is to create a venue that will provide alternate sources of entertainment and dining to local residents, visitors, and hotel guests alike. The open plan offers pedestrian access by way of an interior driveway and sidewalk along NE 185 St. The establishment will offer covered drop-off areas for ride sharing services on NE 185 St. and a second-floor parking garage accessible via the interior driveway. The proposal includes a three-story development featuring rooftop and ground level restaurants with 15,307 square feet of indoor dining spaces and 14,124 square feet of exterior covered dining areas in Phase I. Phase II of the project will increase the under- AC dining to 16,191 square feet and the exterior under-roof areas to 17,153 square feet, for a total dining area of 34,144 square feet. Sales and service of alcoholic beverages is proposed at the indoor and outdoor tables and at the indoor bar/lounge areas. Restaurants and lounges are permitted uses in the B2 Community Business district. ANALYSIS Sales and service of alcoholic beverages are permitted by Code at the tables inside the restaurants and at the tables in the outdoor areas; however, sales and service of alcohol at the indoor bar/lounge areas requires conditional use approval due to the distance and spacing requirements of Chapter 4 of the City Code as detailed in the "Community Development Department Analysis" below. Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. 3 Community Development Department Analysis—Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses listed as an exception in the City Code from the spacing requirements) and 2,500 feet from a religious facility or school. Section 4-2(e) of the City Code allows certain exceptions from this conditional use requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges-bars in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 150 or more indoor seats at tables, including indoor bars or counters at which full course meals are available and provided that the restaurant has more than 2,500 square feet of floor space. The indoor seating areas within the site total 15,307 square feet; however, conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at the cocktail lounge-bar areas because the layout of the venue does not satisfy the minimum amount of seating and indoor square footage needed, individually, for them to be approved administratively. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit#4. The survey reveals fourteen (14) establishments with an alcoholic beverage use within 2,000 feet. In addition, the survey identifies two (2) religious facilities within 3,000 feet. NOTICE OF PUBLIC HEARING 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 Bilzin Sumberg Brian S.Adler 305-350-2351 Fax 305-351-2206 badler@bilzin.com March 13, 2023 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Letter of Intent Applications for Public Hearing for Conditional Use and Variances Property Located at 2777 NE 185th Street, Aventura, Florida, Folio 28-2203-059-0020 (the "Property") Dear Mr. Klopp: Our firm represents Aventura Corporate Center, LLLP in connection with the proposed development of the Property. Cabi Aventura, GP, Inc., the General Partner of Aventura Corporate Center, LLLP, has been part of the fabric of Aventura for decades and is excited to present this application to the City for approval. Please consider this our letter of intent in connection with our client's request for a conditional use approval and for certain variances as described below for the proposed development on the Property. A. The Property The Property consists of approximately 63,000 square feet of land located fronting on NE 185th Street to NE 187th Street, east of Biscayne Boulevard. However, the Property is part of a recorded Covenant in Lieu of Unity of Title that combines the Property for zoning purposes with the Walgreens located at 18665 Biscayne Boulevard and the Wild Fork (formerly Pier 1) located at 18673 Biscayne Boulevard (collectively, the "Overall Property"). The Overall Property is designated Business and Office on the City of Aventura (the"City") Comprehensive Plan Future Land Use Map and is zoned B2 under the City of Aventura Zoning Map. The Property has been the subject of various prior City development approvals for office and/or hotel but has not been developed at this juncture. The Property has an active approval for an office building. However, the Owner seeks to modify the proposed development to provide a restaurant entertainment venue with a possible retail component that will activate the area and serve as a logical venue to benefit the proposed new residential development to the east of the Property, as well as the existing residential community surrounding the Property. MIAMI 10235020.6 83390/302969 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 Keven Kiop March 13, 2 C� Bilzin Sumberg March 13, 2023 Page 2 B. Proposed Development. Attached for your review is the proposed Aventura Food Hall site plan set. The intent is to create a venue accessible by local residents, visitors, hotel guests, pedestrians, and share riding facilities. As reflected on the plan set, two phases are being proposed. The first is represented by sheets AO-00 through A9-07 and the second phase, which includes additional floor area on the rooftop, is represented by sheets AO-01A, A1-04A, and A-05A as well as references to "Phase ll" throughout the architectural sheets. Phase II will only be realized if an agreement for an additional 15 parking spaces is reached with a neighboring property. The plans reflect the zoning requirements for restaurant use since it is more intense than retail use which requires less parking; but as the project program is refined and tenants commit some of the spaces marked "restaurant" on the plans may be converted to retail units. The Property is currently approved for an approximate 120,000 square foot ten-story office building. In lieu of the approved development, Aventura Corporate Center proposes a venue that will serve as a focal point for indoor and outdoor dining and entertainment, with a development that follows more urban design than the approved office building. Rather than the ten story office building, the development proposes a more modest three-story uniquely designed venue featuring a rooftop and entertainment restaurant atop of the parking garage as well as ground level restaurants and retail space for a total of 43,640 square feet in floor area or a total of 45,925 square feet in floor area for Phase II. The proposed development features a drop-off area on the south side to accommodate the City's Freebee ride sharing service as well as a drop-off area to accommodate Uber or Lyft riders. The upper roof area will feature a large green area and the ground floor is intended to activate the street with reduced setbacks to take advantage of the proximity to the drop-off area in the event of inclement weather. The proposed uses are permitted under Section 31-144(c)(1)(w). Conditional use approval is required due to the venue's proximity to religious facilities and other alcohol service establishments. The proposed use will serve as a benefit to the overall surrounding community, by providing alternate sources of entertainment and dining in this location. The Property is in close proximity to Williams Island and numerous other nearby venues which support access to the Property via alternative forms of transportation, including pedestrian, bicycle, and rideshare options. Additionally, the three-story development features an attractive design, incorporating landscape throughout its design elements, a curvilinear fagade, with free-flowing air and light and to highlight South Florida's ability to have year-round outdoor dining while affording protection from the elements in inclement weather. C. Requests As part of the development, our client is requesting (1) variances to allow (a) a relaxation of the setbacks to 10 feet along the north and south property lines, where 20 feet are required pursuant to Code Section 31-144(c)(5)d, as well as (b) a very modest increase in the lot coverage to allow 42.64% where 40% is required pursuant to 31-144(c)(5)a.2; and (2) a conditional use approval to permit restaurants selling alcoholic beverages. MIAMI 10235020.6 83390/302969 Keven Klop March 13, 2 C> Bilzin Sumberg March 13, 2023 Page 3 1. Variances Relaxation of the setbacks in relation to the drop off area along the north (NE 187th Street) and south (NE 185th Street) would allow the covered area of the structure closer to the vehicle drop off area and help address concerns regarding inclement weather. The increased lot coverage would also address inclement weather concerns. As illustrated on the attached site plan, the ground floor will consist of a high ceiling open air development with internal landscaping, but with protection from the elements to create a more useable space. The covered area, while serving an important function, does count toward lot coverage. Therefore, a variance from the lot coverage requirements to allow open air covered seating and circulation is being requested. Both requested variances comply with the standards of review pursuant to Section 31- 76(e), as follows- (i) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Property is irregularly shaped and includes frontages along two roadways. It is also encumbered by a Covenant in Lieu of Unity of Title that ties the development to the parcel to the west, on which Walgreens and Wild Fork are located and historic site conditions limit the potential redevelopment. Further, there are historic site conditions that favor increased lot coverage on the site. These conditions result in a hardship which make it difficult to comply with the zoning regulations if carried out literally, specifically setbacks and lot coverage. The proposed setbacks for the garage portion of the building allow additional overhead coverage for the drop-off area and the service areas which will address the unpredictable South Florida weather. Similarly, the increase in lot coverage will allow the project to provide covered areas for circulation and dining. (ii) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. Due to the Property's irregular shape, the basis for the requested variance is unique to the parcel and is not generally applicable to other parcels within the vicinity. (iii) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The proposed use as a retail and restaurant venue is consistent with the land development regulations and the hardship is not economic. (iv) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare. In fact, the decreased setbacks and the increase in lot coverage will allow protection to the public from inclement weather. Additionally, the two requested variances will not be injurious to other parcels in the MIAMI 10235020.6 83390/302969 Keven Klopp March 13, 2023 C4 Bilzin Sumberg Page 4 vicinity as the deviations will be unperceivable from neighboring properties and will allow the building to be constructed at a lower height than if the variances were not granted. (v) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The granting of the proposed variances will decrease the congestion in the public streets as compared to the currently approved plan. Additionally, they will not increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity. 2. Conditional Use Pursuant to the City of Aventura code Section 31-73(c), the proposed development meets the seven enumerated criteria for conditional use approval as set forth below: (i) The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan as the Future Land Use Designation of the Property is Business and Office. Business and Office uses contemplate restaurants and retail establishments as proposed. (ii) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed sale of beer and wine will not be detrimental to or endanger the public health, safety or general welfare of the community. There are numerous other establishments located within the vicinity and the City that similarly sell beer and wine with their serviced meals. The proposed use is not anticipated to create any additional disturbance or impact on the neighboring community. On the contrary, the proposed use provides a unique venue accessible by local residents, visitors, hotel guests, pedestrians and others. (iii) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The surrounding neighborhood is comprised of other commercial uses, including a Walgreens and Wild Fork within the same block. The proposed use is consistent with surrounding community character. (iv) Utilities, roadway capacity, drainage, and other necessary public facilities including police, fire and emergency services shall exist at the City's Adopted Levels of Service, or will be available concurrent with demand as provided for in the requirement of these LDRs. Utilities, roadway capacity, drainage, and other necessary public facilities including police, fire and emergency services exist at the City's Adopted Levels of Service, or will be available concurrent with demand. MIAMI 10235020.6 83390/302969 Keven March 13, 2 C> Bilzin Sumberg March 13, 2023 Page 5 (v) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed plan includes a drop off lane to allow cars, ride sharing and Freebee drop off of patrons. The internal roadway behind Walgreens which has been used as a cut through is also addressed as part of the proposed development. (vi) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The proposed alcohol use will not impede the development of surrounding properties for uses permitted in the zoning district. (vii) The design of the proposed use shall minimize adverse effects including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed alcohol use will be contained within the Property and properly buffered visually from surrounding uses. The architectural design of the building is visually interesting. D. Conclusion The proposed development will serve as a logical transition between the approved high- rise hotel and residential development to the East and the one story Walgreens and Wild Fork fronting on Biscayne Boulevard. The proposed three-story interactive use will help activate this historically vacant parcel, will serve as an attractive focal point at this prominent intersection, while providing additional fine dining and entertainment options for Aventura residents. Thank you for your review of the foregoing request. If you have any questions or wish to discuss the above, please do not hesitate to contact me at (305) 350-2351. Very truly yours, /Jim/Rff c>, AGl&- Brian S. Adler MIAMI 10235020.6 83390/302969 EXHIBIT #2 Aventura Food Hall Guitstrearn A Park Golden Isles 3 y f77A <rD i Sun Swept ,___:�,�_—=-1 Holiday Dr — — — — d _ — Isles- —1— ' NE 213th St z 1 ' m 1 ' w 1 ' A 1 ' 3 1 1 Aventura < ' 1 ro 1 s o 1 V > Highland Oaks I N Co Park 1 untry Club Dr I v cu 1 I -0 O I I 0 z 1 1 m ' 1 A ' St 1 3 1 1ggth ► � ' N Don Soffer / < Exercise Trail / 1 f3olden Beach ' Aventura Mall Aventura ► 1 ! 1 man Cswy ► ' t.eh ► I ► z 1 NE 190th < NE 186th St Subject Property / I / / NE 783rd St / i a Greynolds Park / v given ura O / v Point Ids Park Eas > t / 2 nurse ► � ♦' NE 171 st St c f ' ♦ NE 170th St 1 ' + m I ♦' NE 169th St Liventura ++ W i Mule :i Sunny Isles ;0 ; 1 *Lake Beach ' ♦ 1 / '♦ Intracoastal ! + Mall y ► + 826 / + ► Pttantic Isle _'____ ► NE 163rd St Municipal Zone w3 '' 62 w 3/27/2023 1:36,062 0 0.28 0.55 1.1 mi Aventura Municipal Boundary 0 0.42 0.85 1.7 km _j HMH LL 7 gn VH LU H T Mi T 2 (2 < < I T- P.- LL -P-�l--T -r-r - twos do: -:E U�'� A- qT ............ LU 'low fl I �(;�, I;,,o„I II III III 1, Ia ON aSl T- co ONE W �� Ll 0 0 w z j ^ o M z ti M LL u e m > m Q � w � a W �y 4v~i a - � �O O ¢m �O UO �F "O JO �m LLO p0 00 Q ¢' J W O O 2 2LL a.R�Wy�q W��' oz ]°�cOOROS' y0H W Oo-jOLZUO 27 C'}O o-�ZWi�S x >O ti .�yOLL�V 20 OWyLLO�OmO ¢bS'Sw 02 °> z� yyq 00 J�OOW ��oro ro t�n� - JR UWh ry� O� 3 W WLL °Z zL O ¢Z02° JO�� WOp �O WO�yOWR ¢ W 2 � lIA,� v, z oyW W WWO SwRRd yOh�h eOZpFU V j6 _ mOOVhp u2 �y ROo Wit VOn OW2>>m�� 2 2p OO � o -r00 _ �g07 p ¢Zo- OOS y0 k Li U 000'tiv'q ?00 � � ymiUVYi¢R'Si'V �OWe h h v w _ Z1 � p N _ L m CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT INDOOR COCKTAIL BAR/LOUNGE AREAS WITHIN RESTAURANTS ESTABLISHED AT THE PROPOSED AVENTURA FOOD HALL LOCATED AT 2777 NE 185 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property at 2777 NE 185 Street, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Aventura Corporate Center LLLP, through Application No. CUP2303-0001 ("Application"), is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge/bar area within restaurants (the "Restaurants") established at the proposed Aventura Food Hall located at 2777 NE 185th Street, City of Aventura; and WHEREAS, following proper notice, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Application for Conditional Use approval to allow the sale and service of alcoholic beverages at cocktail lounge/bar areas within restaurants established at the proposed Aventura Food Hall located at 2777 NE 185t" Street, City of Aventura, legally described in "Exhibit A"to this resolution, is hereby granted subject to the following conditions- 1. This approval shall be granted exclusively to restaurants established within the proposed Aventura Food Hall at 2777 NE 185th Street, Aventura, and may not be transferred to any other location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food within each restaurant. This does not preclude service of an alcoholic beverage only, without food, as long as the establishment complies with the food/beverage revenue percentages required by the State liquor license. The kitchen shall be open and food City of Aventura Resolution No. 2023- shall be available for service at all times when alcoholic beverages are being sold and served. 3. Customers will not be permitted to remove an individual serving of alcoholic beverage nor any open alcoholic beverage container from the premises. 4. This approval is contingent upon the establishment and continued operation on premises of at least one (1) anchor restaurant with more than 2,500 square feet of floor space and seating accommodations for service of 150 or more patrons at tables, including seats at an indoor bar or counter at which full course meals are available, if applicable. 5. Each individual restaurant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within (12) months of the Zoning approval granted by the City or such approval shall be deemed null and void. 6. Each individual restaurant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8.00 a.m. and 1.00 a.m. the following day. 7. Each individual restaurant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure that no sales are made to underage customers or to customers who may have been over-served at other establishments. 8. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. 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 4 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 4t" day of April, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 4 City of Aventura Resolution No. 2023- EXHIBIT "A" Legal Description PARCEL B: Lot 2, Block 1, Aventura Walgreens Subdivision, according to plat thereof, as recorded in Plat Book 157, Page 43, of the Public Records of Miami-Dade County, Florida. Page 4 of 4 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klopp, Community Development Director DATE: March 31, 2023 SUBJECT: Request for Approval of Variances for Decreased Side Yard Setbacks and Increased Lot Coverage Proposed Aventura Food Hall - 2777 NE 185t" Street (VAR2303-0001) April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the request to allow a side-yard setback of 10 feet (10') along the north and south property lines, where LDR Section 31- 144(c)(5)(d) requires a 20 feet (20') street side-yard setback, and to permit an increase in the lot coverage to allow 42.64% coverage where 40% is permitted by Section 31- 144(c)(5)(a)2 on the Property. THE REQUEST The applicant, Aventura Corporate Center LLLP, is requesting variances from Section 31- 144(C)(5)(D) of the LDRs to allow a street side-yard setback of 10 feet (10') along the north and south property lines and variance from Section 31-144 (C)(5)(A)2 to permit an increase in the lot coverage to allow 42.64% coverage where 40% is permitted (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Aventura Corporate Center LLLP APPLICANT Aventura Corporate Center LLLP ADDRESS OF PROPERTY 2777 NE 185t" Street (See Exhibit #2 for Location Map). SIZE OF PROPERTY Approximately 1.44 acres LEGAL DESCRIPTION Lot 2, Block 1, Aventura Walgreens Subdivision, according to the plat thereof, as recorded in Plat Book 157, Page 43, of the Public records of Miami-Dade County, Florida. Zoning — Subject Property B2 - Community Business Properties to the North TC1 — Town Center District Properties to the South B2 - Community Business Properties to the East RMF4 — Multi-family High Density Residential B2 - Community Business Properties to the West B2 - Community Business Existing Land Use — Subject Property Vacant Land Properties to the North Town Center Properties to the South Business and Office Properties to the East Multi-family Residential Hotel Properties to the West Retail Future Land Use — Subject Property Business and Office Properties to the North Town Center Properties to the South Business and Office Properties to the East Business and Office Properties to the West Business and Office The Site —The subject site is a 1.44 acre parcel adjacent to the upcoming Port Aventura Hotel and Residences to the East; Walgreens and Wildfork to the West; 187t" Street to the North; and 185t" Street to the South, as shown on Exhibit #3. The Project — The applicant has applied for administrative site plan review approval for construction of a food hall with the intent to create a venue that will provide alternate sources of entertainment and dining, featuring an open plan with extensive outdoor seating areas, covered drop-off areas for ride sharing services on 185t" Street and a second-floor parking garage accessible via the interior driveway. The applicant is requesting relaxation of the setbacks in relation to the garage side setback along the north 2 (NE 187th Street) and to allow the covered area of the structure closer to the vehicle drop off area along the south (NE 185th Street) and help address concerns regarding inclement weather. The covered area counts toward lot coverage; therefore, a variance from the lot coverage requirements to allow open air covered seating and circulation is being requested. Site plan review is currently underway by City staff. With the exception of the requested variances, the site plan meets all other site development criteria of the Community Business District (B2) and applicable sections of the City's LDRs. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received no written citizen comments to date. Community Development Department Analysis — The Property is located in the B2, Community Business district. Restaurants and lounges are permitted uses in this district. The applicant is requesting variances for setbacks and lot coverage for the establishment of a food hall featuring restaurants and lounging areas. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulations state: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met- (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant advises that the property's irregular shape and frontages along two roadways, together with historic site conditions, limit the potential for redevelopment. These conditions result in hardship which make it difficult to comply with the zoning regulations regarding setbacks and lot coverage. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. 3 Due to the property's irregular shape, the basis for the requested variances are unique to this site and are not applicable to other locations. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs. The applicant's difficulty or hardship is not economic in nature and has not been deliberately created by the applicant. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare. In fact, the decreased setbacks and the increase in lot coverage will allow protection to the public from inclement weather. Additionally, the two requested variances will not be injurious to other parcels in the vicinity as the deviations will be unperceivable from neighboring properties and will allow the building to be constructed at a lower height than if the variances were not granted. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The Property has an active approval for an office building. However, the Owner seeks to modify the proposed development to provide a restaurant entertainment venue with a possible retail component that will activate the area and serve as a logical venue to benefit the proposed new residential development to the east of the Property, as well as the existing residential community surrounding the Property. The granting of the proposed variances will decrease the congestion in the public streets as compared to the currently approved plan. Additionally, they will not increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity. It is recommended that the request for variances be granted subject to the following conditions: CONDITIONS Plans shall substantially comply with those submitted as follows- 1- Architectural Plans ■ "Aventura Food Hall", Architectural Plans, Sheet AO-00, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. 4 ■ "Aventura Food Hall", Architectural Plans, Sheet AO-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-04, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-05, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-03, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-04, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-05, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A2-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A2-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A3-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A3-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A5-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. 5 ■ "Aventura Food Hall", Architectural Plans, Sheet A9-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-03, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-04, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-05, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-06, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-07, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-01A, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A1-04A, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-05A, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. 2- Civil Plans ■ "Aventura Food Hall", Civil Plans, Sheet C100, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023. ■ "Aventura Food Hall", Civil Plans, Sheet C101, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C102, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C103, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C104, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 6 ■ "Aventura Food Hall", Civil Plans, Sheet C105, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C106, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C107, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C108, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C109, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C110, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 3- Landscape Plans ■ "Aventura Food Hall", Landscape Plans, Sheet LO-00, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet LO-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet LO-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet LO-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-04, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. 7 ■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-04, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-04, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. 8 EXHIBIT#1 Bilzin Sumberg Brian S.Adler 305-350-2351 Fax 305-351-2206 badler@bilzin.com March 13, 2023 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Letter of Intent Applications for Public Hearing for Conditional Use and Variances Property Located at 2777 NE 185th Street, Aventura, Florida, Folio 28-2203-059-0020 (the "Property") Dear Mr. Klopp: Our firm represents Aventura Corporate Center, LLLP in connection with the proposed development of the Property. Cabi Aventura, GP, Inc., the General Partner of Aventura Corporate Center, LLLP, has been part of the fabric of Aventura for decades and is excited to present this application to the City for approval. Please consider this our letter of intent in connection with our client's request for a conditional use approval and for certain variances as described below for the proposed development on the Property. A. The Property The Property consists of approximately 63,000 square feet of land located fronting on NE 185th Street to NE 187th Street, east of Biscayne Boulevard. However, the Property is part of a recorded Covenant in Lieu of Unity of Title that combines the Property for zoning purposes with the Walgreens located at 18665 Biscayne Boulevard and the Wild Fork (formerly Pier 1) located at 18673 Biscayne Boulevard (collectively, the "Overall Property"). The Overall Property is designated Business and Office on the City of Aventura (the"City") Comprehensive Plan Future Land Use Map and is zoned B2 under the City of Aventura Zoning Map. The Property has been the subject of various prior City development approvals for office and/or hotel but has not been developed at this juncture. The Property has an active approval for an office building. However, the Owner seeks to modify the proposed development to provide a restaurant entertainment venue with a possible retail component that will activate the area and serve as a logical venue to benefit the proposed new residential development to the east of the Property, as well as the existing residential community surrounding the Property. MIAMI 10235020.6 83390/302969 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 Keven Kiop March 13, 2 C� Bilzin Sumberg March 13, 2023 Page 2 B. Proposed Development. Attached for your review is the proposed Aventura Food Hall site plan set. The intent is to create a venue accessible by local residents, visitors, hotel guests, pedestrians, and share riding facilities. As reflected on the plan set, two phases are being proposed. The first is represented by sheets AO-00 through A9-07 and the second phase, which includes additional floor area on the rooftop, is represented by sheets AO-01A, A1-04A, and A-05A as well as references to "Phase ll" throughout the architectural sheets. Phase II will only be realized if an agreement for an additional 15 parking spaces is reached with a neighboring property. The plans reflect the zoning requirements for restaurant use since it is more intense than retail use which requires less parking; but as the project program is refined and tenants commit some of the spaces marked "restaurant" on the plans may be converted to retail units. The Property is currently approved for an approximate 120,000 square foot ten-story office building. In lieu of the approved development, Aventura Corporate Center proposes a venue that will serve as a focal point for indoor and outdoor dining and entertainment, with a development that follows more urban design than the approved office building. Rather than the ten story office building, the development proposes a more modest three-story uniquely designed venue featuring a rooftop and entertainment restaurant atop of the parking garage as well as ground level restaurants and retail space for a total of 43,640 square feet in floor area or a total of 45,925 square feet in floor area for Phase II. The proposed development features a drop-off area on the south side to accommodate the City's Freebee ride sharing service as well as a drop-off area to accommodate Uber or Lyft riders. The upper roof area will feature a large green area and the ground floor is intended to activate the street with reduced setbacks to take advantage of the proximity to the drop-off area in the event of inclement weather. The proposed uses are permitted under Section 31-144(c)(1)(w). Conditional use approval is required due to the venue's proximity to religious facilities and other alcohol service establishments. The proposed use will serve as a benefit to the overall surrounding community, by providing alternate sources of entertainment and dining in this location. The Property is in close proximity to Williams Island and numerous other nearby venues which support access to the Property via alternative forms of transportation, including pedestrian, bicycle, and rideshare options. Additionally, the three-story development features an attractive design, incorporating landscape throughout its design elements, a curvilinear fagade, with free-flowing air and light and to highlight South Florida's ability to have year-round outdoor dining while affording protection from the elements in inclement weather. C. Requests As part of the development, our client is requesting (1) variances to allow (a) a relaxation of the setbacks to 10 feet along the north and south property lines, where 20 feet are required pursuant to Code Section 31-144(c)(5)d, as well as (b) a very modest increase in the lot coverage to allow 42.64% where 40% is required pursuant to 31-144(c)(5)a.2; and (2) a conditional use approval to permit restaurants selling alcoholic beverages. MIAMI 10235020.6 83390/302969 Keven Klop March 13, 2 C> Bilzin Sumberg March 13, 2023 Page 3 1. Variances Relaxation of the setbacks in relation to the drop off area along the north (NE 187th Street) and south (NE 185th Street) would allow the covered area of the structure closer to the vehicle drop off area and help address concerns regarding inclement weather. The increased lot coverage would also address inclement weather concerns. As illustrated on the attached site plan, the ground floor will consist of a high ceiling open air development with internal landscaping, but with protection from the elements to create a more useable space. The covered area, while serving an important function, does count toward lot coverage. Therefore, a variance from the lot coverage requirements to allow open air covered seating and circulation is being requested. Both requested variances comply with the standards of review pursuant to Section 31- 76(e), as follows- (i) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Property is irregularly shaped and includes frontages along two roadways. It is also encumbered by a Covenant in Lieu of Unity of Title that ties the development to the parcel to the west, on which Walgreens and Wild Fork are located and historic site conditions limit the potential redevelopment. Further, there are historic site conditions that favor increased lot coverage on the site. These conditions result in a hardship which make it difficult to comply with the zoning regulations if carried out literally, specifically setbacks and lot coverage. The proposed setbacks for the garage portion of the building allow additional overhead coverage for the drop-off area and the service areas which will address the unpredictable South Florida weather. Similarly, the increase in lot coverage will allow the project to provide covered areas for circulation and dining. (ii) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. Due to the Property's irregular shape, the basis for the requested variance is unique to the parcel and is not generally applicable to other parcels within the vicinity. (iii) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The proposed use as a retail and restaurant venue is consistent with the land development regulations and the hardship is not economic. (iv) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare. In fact, the decreased setbacks and the increase in lot coverage will allow protection to the public from inclement weather. Additionally, the two requested variances will not be injurious to other parcels in the MIAMI 10235020.6 83390/302969 Keven Klopp March 13, 2023 C4 Bilzin Sumberg Page 4 vicinity as the deviations will be unperceivable from neighboring properties and will allow the building to be constructed at a lower height than if the variances were not granted. (v) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The granting of the proposed variances will decrease the congestion in the public streets as compared to the currently approved plan. Additionally, they will not increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity. 2. Conditional Use Pursuant to the City of Aventura code Section 31-73(c), the proposed development meets the seven enumerated criteria for conditional use approval as set forth below: (i) The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan as the Future Land Use Designation of the Property is Business and Office. Business and Office uses contemplate restaurants and retail establishments as proposed. (ii) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed sale of beer and wine will not be detrimental to or endanger the public health, safety or general welfare of the community. There are numerous other establishments located within the vicinity and the City that similarly sell beer and wine with their serviced meals. The proposed use is not anticipated to create any additional disturbance or impact on the neighboring community. On the contrary, the proposed use provides a unique venue accessible by local residents, visitors, hotel guests, pedestrians and others. (iii) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The surrounding neighborhood is comprised of other commercial uses, including a Walgreens and Wild Fork within the same block. The proposed use is consistent with surrounding community character. (iv) Utilities, roadway capacity, drainage, and other necessary public facilities including police, fire and emergency services shall exist at the City's Adopted Levels of Service, or will be available concurrent with demand as provided for in the requirement of these LDRs. Utilities, roadway capacity, drainage, and other necessary public facilities including police, fire and emergency services exist at the City's Adopted Levels of Service, or will be available concurrent with demand. MIAMI 10235020.6 83390/302969 Keven March 13, 2 C> Bilzin Sumberg March 13, 2023 Page 5 (v) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed plan includes a drop off lane to allow cars, ride sharing and Freebee drop off of patrons. The internal roadway behind Walgreens which has been used as a cut through is also addressed as part of the proposed development. (vi) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The proposed alcohol use will not impede the development of surrounding properties for uses permitted in the zoning district. (vii) The design of the proposed use shall minimize adverse effects including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed alcohol use will be contained within the Property and properly buffered visually from surrounding uses. The architectural design of the building is visually interesting. D. Conclusion The proposed development will serve as a logical transition between the approved high- rise hotel and residential development to the East and the one story Walgreens and Wild Fork fronting on Biscayne Boulevard. The proposed three-story interactive use will help activate this historically vacant parcel, will serve as an attractive focal point at this prominent intersection, while providing additional fine dining and entertainment options for Aventura residents. Thank you for your review of the foregoing request. If you have any questions or wish to discuss the above, please do not hesitate to contact me at (305) 350-2351. Very truly yours, /Jim/Rff c>, AGl&- Brian S. Adler MIAMI 10235020.6 83390/302969 EXHIBIT #2 Aventura Food Hall Guitstrearn A Park Golden Isles 3 y f77A <rD i Sun Swept ,___:�,�_—=-1 Holiday Dr — — — — d _ — Isles- —1— ' NE 213th St z 1 ' m 1 ' w 1 ' A 1 ' 3 1 1 Aventura < ' 1 ro 1 s o 1 V > Highland Oaks I N Co Park 1 untry Club Dr I v cu 1 I -0 O I I 0 z 1 1 m ' 1 A ' St 1 3 1 1ggth ► � ' N Don Soffer / < Exercise Trail / 1 f3olden Beach ' Aventura Mall Aventura ► 1 ! 1 man Cswy ► ' t.eh ► I ► z 1 NE 190th < NE 186th St Subject Property / I / / NE 783rd St / i a Greynolds Park / v given ura O / v Point Ids Park Eas > t / 2 nurse ► � ♦' NE 171 st St c f ' ♦ NE 170th St 1 ' + m I ♦' NE 169th St Liventura ++ W i Mule :i Sunny Isles ;0 ; 1 *Lake Beach ' ♦ 1 / '♦ Intracoastal ! + Mall y ► + 826 / + ► Pttantic Isle _'____ ► NE 163rd St Municipal Zone w3 '' 62 w 3/27/2023 1:36,062 0 0.28 0.55 1.1 mi Aventura Municipal Boundary 0 0.42 0.85 1.7 km _j HMH LL 7 gn VH LU H T Mi T 2 (2 < < I T- P.- LL -P-�l--T -r-r - twos do: -:E U�'� A- qT ............ LU 'low fl I �(;�, I;,,o„I II III III 1, Ia ON aSl T- co ONE CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31- 144(C)(5)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A SIDE-YARD SETBACK OF 10 FEET ALONG THE NORTH AND SOUTH PROPERTY LINES, WHERE SETBACKS OF 20 FEET ARE REQUIRED BY CODE, AND FROM SECTION 31-144(C)(5)(A)2 TO PERMIT AN INCREASE IN THE LOT COVERAGE TO ALLOW 42.64% COVERAGE WHERE 40% IS PERMITTED FOR THE PROPERTY LOCATED AT 2777 NE 185 STREET; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Aventura Corporate Center LLLP, through Application No. VAR2303-0001("Application"), is requesting a variance from Section 31-144(c)(5)(d) of the City Code to permit a side-yard setback of 10 feet along the north and south property lines, where setbacks of 20 feet are required by code, and from section 31-144 (c)(5)(a)2 to permit an increase in the lot coverage to allow 42.64% coverage where 40% is permitted; and WHEREAS, following proper notice, the City Commission held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Application for Variances from Section 31-144(c)(5)(d) of the City Code to permit a side-yard setback of 10 feet along the north and south property lines, where the City Code requires a 20-foot side yard setback, and Section 31-144(c)(5)(a)2 of the City Code to permit an increase in the lot coverage to allow 42.64% coverage where 40% is permitted by Code on property legally described in Exhibit "A" to this Resolution and known as municipal address 2777 NE 185 Street, City of Aventura, is hereby granted subject to the following conditions: City of Aventura Resolution No. 2023- 1. Plans submitted for building permit shall substantially comply with those submitted as follows: ■ "Aventura Food Hall", Architectural Plans, Sheet AO-00, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-04, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-05, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-03, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-04, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet Al-05, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A2-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A2-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A3-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A3-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. Page 2 of 7 City of Aventura Resolution No. 2023- ■ "Aventura Food Hall", Architectural Plans, Sheet A5-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-01, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-02, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-03, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-04, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-05, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-06, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A9-07, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-01A, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet A1-04A, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Architectural Plans, Sheet AO-05A, prepared by Arquitectonica, dated 03/10/2023, signed and sealed by Sherri K. Gutierrez on 03/13/2023. ■ "Aventura Food Hall", Civil Plans, Sheet C100, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023. ■ "Aventura Food Hall", Civil Plans, Sheet C101, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C102, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C103, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 Page 3 of 7 City of Aventura Resolution No. 2023- ■ "Aventura Food Hall", Civil Plans, Sheet C104, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C105, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C106, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C107, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C108, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C109, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Civil Plans, Sheet C110, prepared by Fortin, Leavy, Skiles, Inc., dated 12/19/2022, signed and sealed by Michael Vazquez on 03/13/2023 ■ "Aventura Food Hall", Landscape Plans, Sheet LO-00, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet LO-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet LO-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet LO-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-1-04, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. Page 4 of 7 City of Aventura Resolution No. 2023- ■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-2-04, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-3-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-01, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-02, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-03, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. ■ "Aventura Food Hall", Landscape Plans, Sheet 1-4-04, prepared by Design House Associates, dated 03/10/2023, signed and sealed by Marc P. Bell on 03/13/2023. 2. Building permits shall be obtained within 12 months of the date of this Resolution, after which this approval shall be deemed null and void. The City Commission may, upon written request for such extension by the applicant within the initial 12-month approval period, grant one extension of up to six months by resolution or motion at a regular meeting, for good cause shown by the applicant. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for Page 5 of 7 City of Aventura Resolution No. 2023- issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 4t" day of April, 2023. HOWARD S. WEINBERG, ESQ. ATTEST: MAYOR ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 7 City of Aventura Resolution No. 2023- EXHIBIT "A" Legal Description PARCEL B: Lot 2, Block 1, Aventura Walgreens Subdivision, according to plat thereof, as recorded in Plat Book 157, Page 43, of the Public Records of Miami-Dade County, Florida. Page 7 of 7 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO- City Commission FROM- Ronald J Wasson, City Manager -- BY- Robert Meyers, Office of the City Attorney DATE- March 31, 2023 SUBJECT- Ordinance Amending the City Code to Create More Uniformity Among City Advisory Board Regulations April 4, 2023 City Commission Meeting Agenda (First Reading) May 2, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve amendments to the advisory board sections of the City Code to standardize some of the regulations for all advisory boards. BACKGROUND The City's advisory boards are found in Chapter 2, Article III, of the City Code and include the Community Services Advisory Board, the Arts and Cultural Center Advisory Board, the Art in Public Places Advisory Board and the Don Soffer Aventura High School Advisory Board. The City recognizes the value of receiving input from advisory boards and appreciates the commitment from those who are willing to serve the community by sitting on these boards. As the needs of the City changes, advisory boards were created to assist the City Commission and City Manager in the decision-making process and to rely on advice from its boards to take action in the best interest of the City. It should be noted that the above advisory boards were created at different times during the City's history, and up until now, the City's focus was on the establishment of specific boards, as opposed to developing a framework for all City advisory boards. At the March 16t" City Commission Workshop, the City Manager presented an analysis of the four boards, identifying some of the differences among the boards. As a result, the City Commission determined that it is in the best interest of the City to create as much uniformity as possible with respect to advisory board regulations. Consequently, the City Commission wishes to have one standard across all four boards in the areas of appointment and removal. Furthermore, this Ordinance authorizes the City Manager to appoint alternate members to each board depending on the needs of the board. Fiscal Impact This item will have no impact on the City's budget. CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE MORE UNIFORMITY AMONG ADVISORY BOARD REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the "City") finds it periodically necessary to amend its Code of Ordinances (the "City Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, the City Commission desires to amend Chapter 2 "Administration," Article III "Advisory Boards" of the City Code to provide more uniformity among the four advisory boards: (1) Community Services Advisory Board; (2) Arts and Cultural Center Advisory Board; (3) Art in Public Places Advisory Board; and (4) Don Soffer Aventura High School Advisory Board; 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. 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 2 "Administration," Article III "Advisory Boards" of the City Code of Ordinances is hereby amended as follows-1 Chapter 2 —Administration Article III — Advisory Boards Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023- Division 2. — Community Services Advisory Board Sec. 2-121. — Creation, composition and qualifications. (a) There is hereby created and established the City of Aventura Community Services Advisory Board (the "Board") consisting of seven members who shall be appointed by the Mayor, subject to the approval of the City Commission. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. Members of the Board shall be appointed in accordance with procedures established by the City Commission and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (c) In the event that a member of the Board has two unexcused absences in a calendar year, then in that event such member shall be s, bjent to remodel automatically be removed as a member of the Board by the City Manager as a member of the Board by dote of two thirds of ��emoinino members of the Room! The City Manager or py--�vcc-vrc-vr� i-a�--vr cn-rva.-ro--err his designee shall provide neGessary staff support r� Rued. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. Sec. 2-122. — Term of office. Board Members shall serve for a term nfr one two-year term and may be reappointed in accordance with the process outlined herein. Division 5. —Arts and Cultural Center Advisory Board Page 2 of 8 City of Aventura Ordinance No. 2023- Sec. 2-191. — Creation, composition and qualifications. A-.Jp) There is hereby created and established the City of Aventura Arts and Cultural Center Advisory Board (the "Board") consisting of a minimum of seven and a maximum of nine members who shall be appointed by the Mayor, subject to the approval of the City Commission. Five members of the Board shall be residents of the City and the remaining members may be from within or outside the City limits. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. Members of the Board shall be appointed in accordance with procedures established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. Members shall serve for a two-year term and may be reappointed in accordance with the process outlined herein. B-.Lb) The following matters shall affect the creation, composition and qualifications of the Board- (i) Each one of the five resident members of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six- month period immediately prior to the appointment, and shall not be an employee of the City. Any member of the Board who ceases to reside within the City, and has been selected as a resident appointment shall be deemed to have resigned as of the date of his or her change of residence. (ii) The remaining members shall be selected without preference to residence, but shall have resided at their residence for a continuous period of six months immediately prior to appointment. (iii) In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired Page 3 of 8 City of Aventura Ordinance No. 2023- portion of the term of the member vacating such office, subject to approval of the City Commission in accordance with procedures established herein. C=Lc) In the event that a member of the Board shall be absent and unexcused from a duly- called meeting of the Board for three two GenseGUtive meetings in a calendar year, then in that event such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. Sec. 2-192. -Appointment of Board Members process. A-.Jp) Individuals wishing to be a member of the Arts and Cultural Center Advisory Board shall make application to the City Manager on the forms provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor. The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. B-.Lb) In recommending members of the Board, the following guidelines shall be considered- (i) The membership of this Board should be representative of the broad spectrum of the arts and have specific experience and a strong commitment to performing arts including music, dance, the dramatic arts, the visual arts and the cultural arts. (ii) All efforts should be made for the membership of this Board to be representative of all age groups. Sec. 2-194. - Rules of procedure; quorum. A-.Jpl The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. B-.Lb) During the first meeting of the Board and annually thereafter, the members shall elect one of their members to act as Chairperson and may elect a Vice-Chairperson, both of whom shall serve for one year and may be re-elected. Page 4 of 8 City of Aventura Ordinance No. 2023- C=Lc)Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board. Sec. 2-195. - Mission; jurisdiction and duties. A-.Jp) The Mission of the Board is to assist the City in maintaining a facility that offers a wide range of quality entertainment year-round and cultivates partnerships with other local and regional organizations to enhance the quality of life for Aventura by providing a variety of performing arts and relevant cultural programming for audiences of all ages. B-.Lb)The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and/or Arts and Cultural Center General Manager. The following matters shall be within the advisory jurisdiction of the Board: (I i) Promote the mission of the Arts and Cultural Center and broad spectrum of performing arts. (2ii) Provide input on programming options as requested by the City Manager and Arts and Cultural Center General Manager. Final programming decisions shall rest with the Arts and Cultural Center General Manager. Recommend fundraising and sponsorship opportunities and assist with the implementation of same to support the Center's operations and programming. The Board may accept donations on behalf of the Center in a manner as approved by the City Manager. (4i_v) Review policies and regulations as requested by the City Manager and Arts and Cultural Center General Manager as it relates to the Arts and Cultural Center. (5v_) Assist in the promotion of the Arts and Cultural Center programs and assist in organizing the annual "Curtains Up" event. C=Lc) The Board shall meet quarterly or more frequently as determined by the City Manager. Division 6. —Art in Public Places Advisory Board Page 5 of 8 City of Aventura Ordinance No. 2023- Sec. 2-201. — Creation, composition and qualifications. (a) There is hereby created and established the City of Aventura Art in Public Places Advisory Board (the "Board") consisting of five members that are residents of the City and appointed by the Mayor, subject to the approval of the City Commission. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. The members of the Board shall be appointed in accordance with procedures established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve on the Board without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to Board service. The members shall serve for a two-year term and may be reappointed in accordance with the process outlined herein. (c) In the event that a member of the Board shall be absent and unexcused from a duly- called meeting of the Board for three two GenseGUtiVe meetings in a calendar year, then, in that event, such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. Division 8. — Don Soffer Aventura High School Advisory Board Sec. 2-218. — Creation, composition and qualifications. (a) There is hereby created and established the Don Soffer Aventura High School Advisory Board (the "Board") consisting of seven members as follows- (1) Non-voting members. The City Manager, or his/her designee, and the Principal of the Don Soffer Aventura High School, or his/her designee, shall serve as ex officio, non-voting members. (2) Voting members. Three individuals who shall be residents of Aventura shall be appointed to the Board by the Mayor subject to approval of the City Commission for a two year term. Two members of the Board shall consist of parents of those students enrolled in the Don Soffer Aventura High School who are selected by the Page 6 of 8 City of Aventura Ordinance No. 2023- parents of the High School students, for appointment by the Mayor, subject to approval of the City Commission, for a one year term commencing September 1 and expiring on August 31 of the following year. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. (d) In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three-two 2 GenseGUtiVe meetings in a calendar year or in the o„on+ that a member has two unevnUsed absennes in a six menth pe then, 'n that event., such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. 2-219. - Process for appointment of board members. (a) Individuals wishing to be a member of the Board as to the three resident positions described in section 2-218 above, shall make application to the City Manager on the forms provided for by the City. The City Commission shall in+er„iew all applinants prier to the elentien of s��nh Board members cra.ccrvTrvraa cn�vara-rrrcrrrvcrr. 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. 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. Page 7 of 8 City of Aventura Ordinance No. 2023- The foregoing Ordinance was offered by who moved its adoption on first reading. The motion was seconded by 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 4th day of April, 2023. PASSED AND ADOPTED on second reading this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 8 of 8 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Managers~_ BY- Robert Meyers, Office of the City Attorney DATE: March 31, 2023 SUBJECT: Authorizing the City to Pay Group Health Insurance Premiums Limited to Members of the City Commission While in Office April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a resolution to pay applicable health insurance premiums for elected officials who participate in the City's Group Health Insurance Plan, as long as the Commission member remains in office, and provides members of the City Commission to pay the applicable health insurance premiums and coverage deductibles for eligible dependents of elected officials who enroll in the plan. BACKGROUND The City Commission enacted Resolution No. 2017-54 to give City Commission members the choice to enroll themselves and their eligible dependents into the City's Group Health Insurance Plan at no cost to the City. Given the skyrocketing costs of health insurance and the costs associated with healthcare in general in the six years since the abovementioned Resolution was adopted, staff conducted a survey of other South Florida local governments to learn more about the salary and benefits offered to local elected officials. The survey revealed that a majority of local governments not only grant elected officials access to the government's group health insurance plan, but also pay the health insurance premiums. Health insurance is a necessity, not a luxury, and access to a group health insurance plan may result in lower premiums and better coverage for those who have access to such a plan. Covering the costs of the insurance premiums for elected officials, who devote countless hours to City business with little compensation, is fair and reasonable and consistent with the benefits other local elected officials receive from their governments. For eligible dependents of the City's elected officials, they may participate in the insurance and all applicable premiums and other costs in connection to the City's health insurance plan shall be paid by the participating elected officials. Fiscal Impact This item will have a limited impact on the City's budget as a result of the City covering the health insurance premiums for participating City Commission members. CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO PAY APPLICABLE HEALTH INSURANCE PREMIUMS FOR ELECTED OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No. 2017-54 authorized each member of the City Commission to join the City's Group Health Insurance Plan ("Health Plan") provided that any elected official who joins the Health Plan must personally pay all insurance premiums and coverage deductibles for such elected official and their eligible dependents; and WHEREAS, health care insurance costs continue to escalate, affordable health insurance is considered a necessity, and participation in a group health insurance plan offers individuals an opportunity to pay lower premiums and receive better coverage; and WHEREAS, a survey of South Florida municipalities indicates that the pay and benefits packages offered to elected officials generally includes coverage of their health insurance premiums; and WHEREAS, the City Commission authorizes the City Manager to pay Health Plan insurance premiums solely for the members of the City Commission limited to the official's term(s) in office; and WHEREAS, the City will assume no cost for the insurance premiums and coverage deductibles for eligible dependents of elected officials who enroll in the plan, except the City will provide the same offset of insurance premiums for such dependents identical to the offset available to dependents of City employees; and WHEREAS, the City Commission finds that this Resolution conforms with all applicable laws, enhances health, safety and welfare, and is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That the above-stated recitals are hereby confirmed and adopted. Section 2. Participation. That each elected official who chooses to join the Health Plan will have his/her applicable health insurance premiums paid for by the City and may remain in the Health Plan for so long as the elected official serves on the City City of Aventura Resolution No. 2023- Commission. Further, the payment of all applicable insurance premiums and coverage deductibles for eligible dependents are the primary responsibility of the elected official, with the understanding that the City will make the same contribution to offset the costs of the premiums for dependents of elected officials as it does for dependents of City employees. Section 3. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 4th day of April, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Antonio F. Tomei, Capital Projects Manager DATE: March 31, 2023 SUBJECT: Awarding Bid No: 23-02-27-3 — Founders Park South Facility to Bejar Construction April 4, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 23-02-27-3, Founders Park South Facility, to the lowest responsible and responsive bidder, Bejar Construction, for the price of $1,308,748.00. This project will be funded by Budget Line Item Number 101-8050-861.63-07. BACKGROUND In accordance with the City's Purchasing Code, bids for this project were solicited, advertised, and opened on March 9, 2023. The City received eight (8) bids for this project which are listed below in order from lowest to highest. • PSW — Property Services Warranty $ 715,320.00 • Florida Palm $1,215,007.11 • West Construction, Inc. $1,293,063.28 • Bejar Construction $1,308,748.00 • MBR Construction $1,329,538.00 • Waypoint Contracting, Inc. $1,439,695.00 • Lunacon $1,683,232.87 • National SWPPP Services INCOMPLETE This bid price allows for the furnishing of all labor, materials, tools, equipment, machinery, superintendence, mobilization, installations and services necessary for the installation of three (3) tennis courts, six (6) pickleball courts, 52 planter boxes, fencing, water service, drainage, landscaping and site lighting. If you have any questions or need any additional information, please feel free to contact me. Kimley>>> Horn March 15,2023 City of Aventura Ronald J. Wasson,City Manager 19200 West Country Club Drive Aventura,FL 33180 Re: City ofAventura Founders Park South Facility City ofAventura Bid No. 23-02-27-3 Bid Recommendation 043508129 Dear Mr. Wasson: The City of Aventura(City)advertised the Founders Park South Facility Project on February 3, 2023. A pre-bid meeting was held on January 31, 2023 to discuss the project with potential bidders, and on February 21, 2023 bids were publicly opened and read. The project primarily includes the installation of three (3) tennis courts, six (6) pickle ball courts, 52 planter boxes, and the associated site improvements (fencing, pedestrian connectivity, drainage, landscaping, water, and electrical service) at the Founders Park South Facility. The project also includes sidewalk and site restoration. The following is a bid summary of the Total Bid Amounts (minus allowances) for the seven (7) bidding contractors: 1. Property Services Warranty, Inc. $ 715,320.00 2. Florida Palm Construction, Inc. $ 1,215,007.11 3. West Construction,Inc. $ 1,293,063.28 4. Beiar Construction,Inc. $ 1,308,748.00 5. MBR Construction,Inc. $ 1,329,538.00 6. Waypoint Contracting, Inc. $ 1,439,695.00 7. Lunacon Construction Group $ 1,683,232.87 Kimley-Horn has been asked to review the bids and provide a recommendation of award.Based on the results of the bid, the apparent low bidder is Property Services Warranty, Inc. (PWS) with a total bid amount of$715,320.00. Upon speaking with two of three references provided within the Bid Form, it has come to our attention,that PWS has operated as a sub-contractor to install electrical equipment for building interiors.PWS's website indicates that they specialize in electrical work,AC/HVAC,and solar panel installations.Based on this information,Kimley-Horn is not comfortable recommending PWS to serve as the General Contractor for this project.As such,Kimley-Horn reviewed the second(2"d)ranked firm, Florida Palm Construction, Inc. (FPC), and was able to hear back from one of three references. Kimley-Horn has equal concerns that the relevant experience provided by FPC is not in line with the Founders Park Improvements scope of work, as the company specializes in interior renovations and plumbing work.Upon reviewing the third(31d)ranked firm,West Construction,Inc.,Kimley-Horn does y of Kimley>>> H o r n Park Sou Aventuty Founders Park South Facili Bid Recommendation,Page 2 not believe this firm has sufficient successful work experience for this project.Therefore,Kimley-Horn recognizes Bejar Construction,Inc. as the most qualified bidder for this project. The Florida DBPR Online Services website shows a Certified General Contractor (GC) license currently registered with the Florida Department of Business and Professional Regulation for Benny B. Bejar. Kimley-Horn called the three (3)references provided by the contractor. All three (3)references were overly satisfied with the Contractor's performance and would utilize their services again. As a result,the recommendation is to award this contract to Bejar Construction,Inc. as the most responsive bid. The schedule of this contract is an important element of the project. Therefore,there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule. The schedule is to have all work completed within 210 calendar days from the Notice to Proceed date. The liquidated damages are set at$1,000.00 per day. I would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information,please contact me at(954) 535-5137. Sincerely, KIMLEY-HORN&ASSOCIATES,INC. Marissa Maring,P.E. Project Manager Copy To: File K\FTL_Civil\043 jobs\043508129 Founders Puk\Bidding\Bid Rewnnendation-Founders Puk.doc kimley-hom.com 8201 Peters Road,Suite 2200,Plantation, / i CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A BID/CONTRACT FOR BID NO. 23-02-27-3, FOUNDERS PARK SOUTH FACILITY, TO BEJAR CONSTRUCTION AT THE BID PRICE OF $1,308,748.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has properly solicited and accordingly accepted bids for BID NO. 23-02-27-3, Founders Park South Facility; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Bejar Construction has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 23-02-27-3, Founders Park South Facility, is hereby awarded to Bejar Construction in the amount of$1,308,748.00. Section 2. That the City Manager is hereby authorized to execute a contract with Bejar Construction for the project at Founders Park South as described in the City Manager's memorandum to the City Commission. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 101-8050-861.63-07. Section 5. That this Resolution shall be effective immediately upon its adoption. 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 4t" day of April, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2