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06-06-2023 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 June 6, 2023 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Regular Meeting Agenda June 6, 2023 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards • Charter School Update 55. C O N S E N T AG E N DA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • May 2, 2023 City Commission Regular Meeting • May 11, 2023 City Commission Special Workshop • May 18, 2023 City Commission Regular Workshop B. A MOTION TO ACCEPT FOR FILING OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 AND THE LETTER DATED MAY 19, 2023 ATTACHED HERETO AS ATTACHMENT A. C. A MOTION AUTHORIZING THE APPROPRIATION OF $54,627.91 ANNUALLY FOR 5 YEARS FROM THE CITY'S BUDGET TO PURCHASE 6 POLICE DEPARTMENT VEHICLES IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 6. PUBLIC HEARINGS: Please be advised that Items 6E, 6G, 6I, and 6.1 on the Commission agenda are zoning hearings and are quasi-judicial in nature. As such, the quasi-judicial procedures of the City shall be invoked for these items as indicated next to the items. If you wish to object or comment upon these items,please inform the Mayor when public comments are requested. An opportunity for persons to speak on these 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 for these quasi-judicial items. 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. Page 1 of 4 Aventura City Commission Regular Meeting Agenda June 6, 2023 ORDINANCES — FIRST READING: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.2, OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ALLOW DENSITIES NOT TO EXCEED 70 DWELLING UNITS PER ACRE IN THE TOWN CENTER LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21 "DEFINITIONS" AND SECTION 31-145, "TOWN CENTER ZONING DISTRICTS", SUBSECTION (A), "PURPOSE", AND SUBSECTION (B) "TOWN CENTER DISTRICT(TC1)", TO ALLOW MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER ACRE FOR DEVELOPMENTS PROVIDING AT LEAST 15% OF THEIR RESIDENTIAL UNITS TO THE CITY'S HERO HOUSING PROGRAM; SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145(E), "TOWN CENTER OFFICE PARK MIXED USE (TC4) DISTRICT", SUBSECTION (1), "PURPOSE", AND SUBSECTION (4), "CONDITIONAL USES PERMITTED"TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 50 DWELLING UNITS PER ACRE; SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO CREATE A HIGH- DENSITY RESIDENTIAL LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. E. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH DENSITY RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6E). F. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-143, "RESIDENTIAL ZONING DISTRICTS",TO PROVIDE FOR A NEW ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL (RMF5)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Agenda June 6, 2023 G. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY RESIDENTIAL DISTRICT (RMF5); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6G). RESOLUTIONS: H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELEASING THE DECLARATION OF RESTRICTIVE COVENANT REQUIREMENT SET FORTH IN ORDINANCE NO. 2013-12 INTENDED TO RESTRICT THE ALLOWED DENSITY ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE IN THE CITY OF AVENTURA TO NO MORE THAN FIVE (5) RESIDENTIAL DWELLING UNITS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(E)(2A)C OF THE LAND DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE CITY CODE TO PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE LAND DEVELOPMENT REGULATIONS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.5 FOR THE DEVELOPMENT OF A RESIDENTIAL BUILDING TO BE CONSTRUCTED AT 20605 NE 34 AVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (61). J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-143(E)(3)(B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A HEIGHT OF 15 STORIES (192 FEET) WHERE A HEIGHT OF 7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY LOCATED AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6J). ORDINANCE — FIRST READING: K. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY CREATING AND DEFINING "COMMITTED SUBMERGED OPEN SPACE," REVISING THE DEFINITION OF "OPEN SPACE," AMENDING THE SITE DEVELOPMENT STANDARD FOR OPEN SPACE, SECTION 31-143(F)(3)(G) IN THE MULTIFAMILY HIGH-DENSITY RESIDENTIAL DISTRICT (RMF4); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCE — SECOND READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; Page 3 of 4 Aventura City Commission Regular Meeting Agenda June 6, 2023 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. REPORTS 9. PUBLIC COMMENTS 10. OTHER BUSINESS: None. 11. 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—JUNE 15,2023 AT 9 AM COMMISSION REGULAR MEETING—JULY 11,2023 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 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: June 2, 2023 SUBJECT: Approval of Minutes June 6, 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 May. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • May 2, 2023 City Commission Regular Meeting • May 11, 2023 City Commission Special Workshop • May 18, 2023 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES MAY 2, 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 6:03 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 City Commission. 3. ANNOUNCEMENT OF VICE MAYOR: Mayor Weinberg announced that pursuant to Resolution No. 2022-70, Commissioner Amit Bloom would serve as Vice Mayor for the next six months. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • Proclamations: Mayor Weinberg acknowledged the proclamations issued for Municipal Clerks Week (April 30-May 6, 2023) and Jewish American Heritage Month (May 2023). • Special Recognitions: Members of the City Commission presented the Certificates of Appointment to the newly appointed members of the Community Services Advisory Board. Mr. Robert Garland, America Public Works Association, presented the City with a plaque in recognition of the Public Works Department's reaccreditation. Mr. Wasson presented the National Public Works Week (May 21-27, 2023) proclamation to the Public Works Department and also presented a plaque to the former Public Works & Transportation Director, Joseph Kroll, in recognition of his service to the City. He also introduced the City's new Public Works & Transportation Director, Jake Ozyman. • Employee Service Awards: Mr. Wasson presented Community Services Department Parks and Recreation Assistant Manager Krystal Melendez (10 years) with a Aventura City Commission Regular Meeting Minutes May 2, 2023 special recognition certificate and token of appreciation for the completion of milestone years of service with the City. • Introduction of Police Chaplains: Police Chief Michael Bentolila introduced the new Police Chaplains, Rabbi Jonathan Berkun and Osmaira "Omy" Llaneras. • Charter School Update: Principal Dr. Geoff McKee provided the school update and the school's first Valedictorian Jade Stein provided remarks. 6. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Vice Mayor Bloom, seconded by Commissioner Joel, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • April 4, 2023 City Commission Regular Meeting • April 20, 2023 City Commission Regular Workshop B. Resolution No. 2023-23 adopted as follows: 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. Resolution No. 2023-24 adopted as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR TWO-YEAR TERMS ENDING IN MAY 2025; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2023-25 adopted as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 23-03-22-3, YACHT CLUB DRIVE POCKET PARK,TO HG CONSTRUCTION DEVELOPMENTAND INVESTMENT, INC. AT THE BID PRICE OF $699,167.78; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2023-26 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 Page 2 of 5 Aventura City Commission Regular Meeting Minutes May 2, 2023 AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF AUDIO VISUAL UPGRADES AND A LECTERN FOR THE EXECUTIVE CONFERENCE ROOM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2026-27 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ONE YEAR, TO COMPENSATE THE CITY FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY ON BISCAYNE BOULEVARD, FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-DADE/BROWARD COUNTY LINE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2026-28 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE AGREEMENT AND AUTHORIZING PAYMENT TO GARLAND/DBS INCORPORATED FOR THE ROOF RESTORATION PROJECT AT THE AVENTURA COMMUNITY RECREATION CENTER IN THE AMOUNT OF $372,848.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2026-29 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BERRY DUNN MCNEIL & PARKER, LLC; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Resolution No. 2026-30 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR RULES OF DECORUM AND PARTICIPATION AND ADDRESSING POSSIBLE DISRUPTIONS DURING MEETINGS OF THE CITY COMMISSION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Friedland. Page 3 of 5 Aventura City Commission Regular Meeting Minutes May 2, 2023 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 first reading passed unanimously by roll call vote. 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: 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. A motion for approval of the Ordinance was offered by Vice Mayor Bloom 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. 2023-07 was adopted. 10. RESOLUTIONS/PUBLIC INPUT: Mrs. Horvath read the following Resolution title: 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. A motion for approval of the Resolution was offered by Commissioner Dr. Marks and seconded by Vice Mayor Bloom. 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 Resolution passed (6-1) by roll call vote, with Mayor Weinberg voting no, and Resolution No. 2023-31 was adopted. 11. REPORTS: Reports were provided by members of the City Commission as follows: Page 4 of 5 Aventura City Commission Regular Meeting Minutes May 2, 2023 Commissioner Dr. Marks reported on the recent volunteer appreciation dinner. 12. PUBLIC COMMENTS: The following members of the public provided comments: Shaun Moss (3330 NE 190th Street #TH17), Alicia Bolicini (3029 NE 188th Street), Bridges to Brilliance Foundation (Mina Pisan, Luis Eisenband, Samuel Ginsberg, Defne Pisan, and Eva Egozi), Ofelia Duran (Parc Central — 3300 NE 191 Street), Bevin Okay (3340 NE 1901h Street), and Xiu Wang (3115 NE 1841h Street #4301). Mr. Meyers provided brief comments concerning the authority of the City to proceed with the construction project scheduled for Founders Park South. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Bloom, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 7:10 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 6, 2023. Page 5 of 5 • uti AVENTURA CITY COMMISSION SPECIAL WORKSHOP MINUTES MAY 11, 2023 9:30 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 9:34 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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: Applicant's Proposed New Plan for "Tal" Project at 2785 NE 183rd Street (City Manager): Mr. Wasson briefly introduced the item for a new project proposal in lieu of the previously approved one for TAL (2785 NE 183rd Street). Brian Adler, Esq. (Bilzin Sumberg Baena Price & Axelrod, LLP — 1450 Brickell Avenue, 23rd Floor, Miami), explained the change (to 22 stories, 225 feet, and 139 units) in the original plans (from 26 stories, 295 feet, and 86 units) for the project within the smart corridor, due to market changes, entailing the need for a modified site plan, creation of a new comprehensive plan category, with a re-designation to high density residential, a new zoning category and conditional use approval. A presentation was reviewed including the following: Conceptual Design, Site Location, SMART Corridor Buffer Area, SMART Plan Corridor, Aventura Future Land Use Map, Trip Generation Comparison, and Code Analysis. Stephane L'Ecuyer, Architect (IDEA Architect LLC), continued the review of the presentation including the following: GFA Table Units Matrix & Conceptual Building Section, Site Plan, Conceptual Ground Floor, Typical Floor Plan, and Renderings. Matthew Rosenblatt, Authorized Member (GOT183, LLC), provided comments in response to discussions. The City Commission discussed the item including the following items: building structure, increased market demand for smaller units, parking spaces, valet, use of Brightline, desired less vehicles in Aventura, variances on a case by case basis, and Miami-Dade County's request regarding the Rapid Transit Corridor. Aventura City Commission Special Workshop Minutes—May 11, 2023 Mr. Meyers provided comments on Code changes, conditional use, and variances. Mr. Wasson provided comments on the City's proactive response to the County's request to do something for the corridor plan. Keven Klopp, Community Development Director, explained the request for a new category to allow up to 79 units per acre and conditional use to allow up to 90 units per acre that would require Commission approval, which is in line with what the County was looking for. Mr. Adler explained the request for certain properties within a quarter mile of the Brightline to be able to seek re-designation to a newly created RMF5 district, provided certain criteria is met. Mr. Wasson will provide the City Commission with a map of the vacant lots in Aventura that can be developed and Mr. Klopp will provide the properties that would be affected at the June meeting. City Manager Summary: It was the consensus of the City Commission for the item to proceed. Mr. Meyers provided information on the quasi-judicial process. 4. Discussion: 4th of July Drone Show (City Manager): Mr. Wasson reported on the success of the preliminary drone show at the recent movie night, the need to reserve a drone company if the Commission desires to move forward, and the cost for a show on the 4th of July. The City Commission discussed the item including the following: positive feedback from the preliminary show, reaching out to Turnberry to split the cost of the drone show, getting sponsors, putting the show on the City's cable channel, and recording the show for future uses. Bryan Pegues, Assistant City Manager, provided information on the proposal for a show using 150 drones. Evan Ross, City Consultant - Public Communicators, provided comments on record ing/livestreaming. City Manager Summary: It was the consensus of the City Commission to proceed with a drone show in conjunction with the fireworks for July 4th 5. Discussion: Yacht Club Pocket Park (City Manager): Mr. Wasson discussed a request to add a bathroom to the plans for the park and reviewed the cost as well as the changes that would need to be made to the current plan. The City Commission discussed the item and whether or not the cost was justified for the addition. Page 2 of 3 Aventura City Commission Special Workshop Minutes—May 11, 2023 City Manager Summary: It was the consensus of the majority of the City Commission for the item to proceed. The following additional items were discussed: Mr. Wasson will provide the information for interested members of the City Commission to join the health insurance plan per the recent resolution adopted. Mayor Weinberg reported on his visit to the Florida west coast with Charter Schools USA to view the schools that they have built. Mr. Wasson provided information on an annex building for the high school that will require future Commission approval. The Commission discussed finding land to build a new high school and using the existing high school building for a middle school (grades 6-8). 6. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 11 :10 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 6, 2023. Page 3 of 3 ry a� x AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES MAY 18, 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 10:21 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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 done at the Governing Board Meeting. 3. Discussion: Proposed Revision Addressing Open Space/Submerged Lands Inconsistency in the Land Development Regulations (City Manager): Mr. Wasson briefly explained the item and the need to give clear direction to a property with submerged lands. Keven Klopp, Community Development Director, reviewed a PowerPoint presentation titled Submerged Lands & Open Space Proposed Code Revision to Provide Clarification & Resolve an Interpretation Conflict dated Commission Workshop May 18, 2023 covering the following: different scenarios for buildable area and percentage of open space required based on calculated upland and submerged land, clarification of the definition of open space, and changing the open space requirement for RMF4. The City Commission discussed the item including the following: building marinas/docks, water leftover, DERM, developer working with the City on how much submerged land they want to count, pre-existing buildings, the benefit of keeping views open, providing a plan to the City showing the available lots as well as those with submerged lands, whether or not to postpone the item to the July meeting, and the urgency to correct a Code discrepancy. Mr. Meyers discussed his memorandum to the City Commission regarding submerged land and open space and provided comments on the Commission's discretion on resolving the discrepancy. Members of the public were informed that opportunities to speak on the item would be provided at the City Commission Regular Meetings. Aventura City Commission Regular Workshop Minutes—May 18, 2023 City Manager Summary: It was the consensus of the City Commission for the item to proceed to the June 61h Commission Meeting. 4. Discussion: HERO Housing - Proposed Zoning Incentive (City Manager) and 5. Discussion: HERO Housing — Draft Program Guidelines (City Manager): Mr. Wasson reviewed the proposed definitions to be provided in the Code (Section 31- 21). The Commission discussed ways to address hero housing should an employee leave employment before the lease ends. Mr. Wasson reported on the need to work further on items 15 and 28 and will clarify the discrepancy on the number of months listed in items 11 and 17. The Commission discussed the number of units to be designated for hero housing (15%), which is estimated to be 45 units for the first building offering the program. Michael Marrero, Esq. (Bercow Radell Fernandez Larkin & Tapanes PLLC) provided comments on the hero housing units designated being based on the individual developments on a case by case basis and for each developer to work with the City for inventory. He also suggested that the City consider a 30-35% discount for the hero housing units in lieu of the 50% discount, which could be deemed difficult for the developers. Frank Weiss, Development Associate — Related, provided comments on the unit costs. Mr. Meyers discussed the process for the items. City Manager Summary: It was the consensus of the City Commission for the items to proceed with an ordinance for first reading on the June meeting agenda and a resolution on the July meeting agenda. The following additional item was discussed: Mayor Weinberg reported on a letter received from the Consulate General of Israel in Miami proposing a sister city relationship between Aventura and a city in Israel. Following discussion, it was the consensus of the Commission to proceed with the item, as had also been discussed in the past, and for Commissioner Kruss to follow up and report back on the item. 6. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 11 :49 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 6, 2023. Page 2 of 2 CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (44L BY: Melissa Cruz — Finance Director DATE: June 2, 2023 SUBJECT: Annual Comprehensive Financial Report (ACFR) Fiscal Year Ended September 30, 2022 June 6, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the following motion: "A MOTION TO ACCEPT FOR FILING OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 AND THE LETTER DATED MAY 19, 2023 ATTACHED HERETO AS ATTACHMENT A." BACKGROUND The ACFR, a letter from our independent auditors — Keefe McCullough and a staff- prepared memorandum (dated May 19, 2023 and June 2, 2023, respectively), were distributed electronically to the City Commission on June 2, 2023. The Rules of the Auditor General, Chapter 10.550, require that the ACFR be filed as an official record at a public meeting. This motion satisfies that requirement. In addition, the auditors have requested that their letter dated May 19, 2023, identified as "Attachment A" on the staff-prepared memorandum, be accepted for filing with the City Commission. A representative from the auditing firm will be present at the June 6t" City Commission meeting. ATTACHMENTA A Letter from our Independent Auditors — Keefe McCullough Dated May 19, 2023 i rustea AavisL. May 19, 2023 To the Honorable Mayor and Members of the City Commission City of Aventura, Florida We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Aventura, Florida (the "City") for the year ended September 30, 2022. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated October 5, 2022. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year, except for the implementation of GASB Statement No. 87, Leases. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City's financial statements were: • The fair value of investments held at year-end. In accordance with GASB Statement No. 40, Deposit and Investment Risk Disclosures and GASB Statement No. 72, Fair Value Measurement and Application, we have included information to aid the reader in understanding the City's general exposure and its policies to mitigate underlying risks. • Depreciation of capital assets — Depreciation is provided on a straight-line basis over the respective estimated useful lives. The City has informed us they used all relevant facts available to them at the time of acquisition to make the best judgments about the depreciation methods and estimated useful lives of capital assets. • Defined Benefit Pension Plan — For the net pension liability, the City contracted the services of pension consultants/actuaries and properly recorded the required activity to the City's accounting records in accordance with GASB Statement No. 68, Accounting and Financial Reporting for Pensions, and other applicable governmental accounting pronouncements. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 �v®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting BEST PLACES TO WORK City of Aventura, Florida - 2 - May 19, 2023 • Net OPEB obligation — In Florida, state statutes require that the employer make health insurance coverage available to retirees at the employer's group rate. This creates an implicit cost arising as a result of the blended rate premium since retiree health care costs, on average, are higher than those of active employee healthcare costs. The City also provides certain benefits to department directors which creates an explicit subsidy. The City obtained an actuarial valuation to record its estimated cost and liability in accordance with the requirements of GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions(OPEB). • Receivables— Management records receivables based on estimated net realizable amounts. We evaluated the key factors and assumptions used to develop the above estimates in determining that they are reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. There were no uncorrected misstatements noted during our audit. A listing of adjusting journal entries was provided to management and is available upon request. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated May 19, 2023. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. City of Aventura, Florida - 3 - May 19, 2023 Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We did not audit the financial statements of the City of Aventura Police Officers' Retirement Plan Pension Trust Fund; our opinion as it relates to this Pension Trust Fund, was based solely on the report of the other auditor. We applied certain limited procedures to the management's discussion and analysis, certain budgetary comparison schedules and related notes, and the schedules related to pensions and other post- employment benefits, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. We were engaged to report on supplementary information (combining and individual nonmajor fund financial statements, certain budgetary comparison schedules, and the schedule of expenditures of federal awards) which accompany the financial statement but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statement. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statement or to the financial statement themselves. We were not engaged to report on the introductory and statistical sections, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. Restriction on Use This information is intended solely for the information and use of the Members of the City Commission and management of the City of Aventura, Florida and is not intended to be, and should not be, used by anyone other than these specified parties. V4+-MCC * KEEFE McCULLOUGH City of Aventura Annual Financial For the Fiscal Year Ended September 30, 2022 +- AVM 07 $ FLO IA� ir '.e'L `• C �� �, 1�. ,�� "�',a � � r� � � •'..�� � - ,, ►, "'? � • � � fi 1.r�� � � � � ANNUAL COMPREHENSIVE FINANCIAL REPORT OF THE CITY OF AVENTURA, FLORIDA FOR THE YEAR ENDED SEPTEMBER 30, 2022 Q� 0!Nwft �! i U i! ■1 i! !1 1-3� ' INu4i e V) Prepared By The Finance Department Melissa Cruz, Finance Director Brent Rogers, Controller City of Aventura, Florida Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2022 Introductory Section (Unaudited): Letter of Transmittal i-viii List of Principal Officials ix Organizational Chart x GFOA Certificate of Achievement xi Financial Section: Independent Auditor's Report 1-4 Management's Discussion and Analysis (Unaudited) 5-14 Basic Financial Statements: Government -Wide Financial Statements: Statement of Net Position 15 Statement of Activities 16 Fund Financial Statements: Balance Sheet - Governmental Funds 17 Reconciliation of the Balance Sheet of Governmental Funds 18 to the Statement of Net Position Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds 19 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 20 Statement of Net Position - Proprietary Fund 21 Statement of Revenues, Expenses and Changes in Net Position - Proprietary Fund 22 Statement of Cash Flows - Proprietary Fund 23 Statement of Net Position - Fiduciary Fund - Police Officers' Retirement Plan 24 Statement of Changes in Net Position - Fiduciary Fund - Police Officers' Retirement Plan 25 Notes to Basic Financial Statements 26-58 Required Supplementary Information: Budgetary Comparison Schedules: General Fund 59 American Rescue Plan Act Fund 60 Aventura City of Excellence School Fund 61 Don Soffer Aventura High School Fund 62 Transportation and Street Maintenance Fund 63 Notes to Budgetary Comparison Schedules 64 Schedule of Changes in Net Pension Liability and Related Ratios- Police Officers' Retirement Plan 65 Schedule of Contributions - Police Officers' Retirement Plan 66 Schedule of Investment Returns - Police Officers' Retirement Plan 67 Schedule of Changes in Total OPEB Liability and Related Ratios— Other Post-Employment Benefits 68 Supplementary Information: Combining and Individual Fund Financial Statements: Combining Balance Sheet - Nonmajor Governmental Funds 69 City of Aventura, Florida Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2022 (continued) Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds 70 Schedules of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual -Special Revenue Funds 71-72 Schedules of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Debt Service Funds 73-76 Schedules of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Capital Projects Funds 77-78 Statistical Section (Unaudited): Net Position by Component 79 Changes in Net Position 80-81 Governmental Activities Tax Revenues by Source 82 Fund Balances of Governmental Funds 83 Changes in Fund Balances of Governmental Funds 84 General Governmental Revenues by Source 85 Assessed Value and Estimated Actual Assessed Value of Taxable Property 86 Property Tax Rates - Direct and Overlapping Governments 87 Principal Property Taxpayers 88 Property Tax Levies and Collections 89 Ratios of Outstanding Debt by Type 90 Ratios of General Bonded Debt Outstanding 91 Direct and Overlapping Governmental Activity Debt 92 Legal Debt Margin Information 93 Demographic and Economic Statistics 94 Occupational Employment by Group - Miami-Dade County, Florida 95 Full-Time Equivalent City Government Employees by Function 96 Operating Indicators by Function 97 Capital Asset Statistics by Function 98 Compliance Section: Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 99-100 Independent Auditor's Report on Compliance for Each Major Federal Program and on Internal Control over Compliance Required by the Uniform Guidance 101-103 Schedule of Expenditures of Federal Awards 104 Notes to Schedule of Expenditures of Federal Awards 105 Schedule of Findings and Questioned Costs 106 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 107-108 Independent Accountant's Report on Compliance with Section 218.415, Florida Statutes 109 INTRODUCTORY SECTION City ®f Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 HOWARD S.WEINBERG,ESQ. MAYOR May 19, 2023 COMMISSIONERS AMIT BLOOM RACHEL S.FRIEDLAND BILLY JOEL PAUL A.KRUSS DR.LINDA MARKS To the Honorable Mayor, MICHAEL STERN Members of the City Commission RONALDJ.WASSON and Citizens of the CITY MANAGER City of Aventura, Florida BRYANPEGUES ASST.CITY MANAGER In accordance with Section 11.45(3)(a) (4), Florida Statutes, and Article I, Section 4.11 of the City of Aventura (the "City") Charter, we hereby submit the City's Annual Comprehensive Financial Report (the "ACFR") for the fiscal year ended September 30, 2022. The ACFR includes an Introductory, Financial, Statistical and Compliance section.The financial statements included in the ACFR conform to accounting principles generally accepted in the United States("GAAP") as set forth by the Governmental Accounting Standards Board ("GASB"). Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal control that has been established for this purpose. Because the cost of internal controls should not exceed their anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. We believe this data fairly reflects the financial position of the City and the results of its operation. The Certified Public Accounting firm of Keefe, McCullough & Co., LLP has issued an unmodified ("clean") opinion on the City's financial statements for the fiscal year ended September 30, 2022.The independent auditor's report is located at the front of the Financial Section of this report. Management's Discussion and Analysis ("MD&A") immediately follows the independent auditor's report and provides a narrative introduction,overview and analysis of the basic financial statements.The MD&A complements this letter of transmittal and should be read in conjunction with it. Significant Factors Affecting the FY 2021/22 and FY 2022/23 Operations and Operating and Capital Budget For the last three years, COVID-19 has caused major disruption in international and U.S. economies and markets. The pandemic had a significant impact on government agencies worldwide. City operations seemed to have returned to pre-COVID levels however, the negative impact of inflation and increased costs for labor and supplies continues. i Many of the additional expenditures that the City incurred during FY 2021/22 for PPE, vaccination and testing programs, premium pay, additional contractual services including sanitization services, legal fees and facility upgrades have been or are anticipated to be reimbursed from the U.S. Department of Treasury through the State and Local Fiscal Recovery Funds ("SLFRF") as part of the American Rescue Plan Act. The U.S. Department of Treasury Coronavirus SLFRF allocated $18,525,074 to the City. The intent of the funds is to aid and assist eligible governmental entities in recovery efforts resulting from the economic fallout of the COVID-19 pandemic.At the time this letter was written, the City Commission approved the spending plan for approximately $16.8 million of the allocation. Projects such as park improvements, IT software and hardware upgrades (including a new ERP), premium pay, radio communication system upgrades and stormwater and seawall replacement were included in the spending plan. With the rollout of the COVID-19 vaccine in FY 2020/21, things have returned to normal with residents heading back to the office and venturing out to visit retail establishments and restaurants and construction levels and community services programming are rebounding from the pandemic lull. The City's revenues for the FY 2022/23 budget had been conservatively prepared under the assumption that our State Revenue Sharing categories have recovered from their COVID-19 lows. We will continue to monitor this situation very closely and adjust both our budgeted revenues and expenditures, if necessary. All capital items and projects were thoroughly reviewed and prioritized to avoid utilizing any General Fund reserves in balancing the FY 2022/23 operating and capital budget. PROFILE OF THE GOVERNMENT The City was incorporated on November 7, 1995 and is a political subdivision of the State of Florida. It is located on the Intracoastal Waterway in northeast Miami-Dade County (the "County") between Miami and Fort Lauderdale. The City is 3.2 square miles and serves a population of more than 40,000 residents and 2,500 businesses. Pursuant to its Charter, the City operates under a commission-manager form of government. Under this form of government, the City Commission (the "Commission") and the City Manager are the legislative and executive branches of the government, respectively. The Commission enacts Ordinances, the laws of the City, adopts Resolutions authorizing actions on behalf of the City, reviews plans for development and establishes the policies by which the City is governed. The City Manager is the City's Chief Executive Officer who oversees the day-to-day operations, administers the City's service providers, prepares long- range plans and implements the policies established by the Commission. The Commission is comprised of seven (7) members, including the Mayor and six (6) Commissioners.The Mayor is the ceremonial leader of the City and is considered to be "part-time." The Mayor is elected at large to a four-year term. Each Commissioner has the same authority and ability to bring matters to and to discuss and vote on matters before the Commission. A Commissioner is considered to be "part-time" and is elected to serve a four-year term. For election purposes,the William Lehman Causeway divides the City into two (2) areas.The City Charter requires that two (2) Commissioners reside in the northern area and two (2) Commissioners reside in the southern area and two (2) Commissioners and the Mayor shall be elected without regard to residence in any particular area. Mission Statement Our mission is to join with our community to make Aventura a city of the highest quality and a city of excellence. We do this by providing RESPONSIVE, COST EFFECTIVE AND INNOVATIVE local government services. The City employed 176 full-time equivalent positions at September 30, 2022 and provides high-quality public services including General Government, Police, Community Services and Public Works/Transportation to its residents and business community. ii In FY 2021/22, the Commission addressed the following priorities/goals either through formal adoption or supporting them through policy and/or initiatives: Enhance the safety and security of our residents,schools and businesses: • Continued community outreach initiatives to engage the community in joint problem solving and crime prevention techniques. • Continued to utilize innovative technology throughout the community and with our business partners to prevent, reduce and solve crime. • Expanded communications with the public by utilizing social media, community outreach and the Police Department's Community Advisory Panel. • Increased the police overtime and events budgets to meet the increased number of police department sponsored events. Provide and support quality educational choices for Aventura students to succeed academically and become productive citizens: • Continued to operate Aventura City of Excellence School K-8 as an "A" rated high performing school and provide support services thorough various City departments. • Opened the Don Soffer Aventura High School in August 2019 and operates as an "A" rated high performing school. Maintain efficient and responsive government which embraces the highest standards of service and financial stability: • Had no increase in the tax rate for the 261"year in a row. • Continued to focus on maintaining the City's infrastructure by providing nearly $2.6 million in funding for park improvements and $2.1 million for road resurfacing capital outlay projects. • Maintained healthy reserves to address economic challenges and unforeseen emergencies. • Continued the model of privatizing many City service areas while maintaining a small workforce which has allowed for a more cost-effective service delivery system, as compared to the traditional government structure. • Continued to utilize technology to improve productivity and expand E-government applications. Continue to explore alternate transportation modes to alleviate traffic and support bicycle friendly initiatives: • Continue to fund the free Aventura Express Shuttle Bus system that serves nearly 10,000 riders a month and extend service to new developments. • Continued to implement recommendations included in the Unfiled Master Plan for Pedestrian/Bicycle Connectivity. • Maintained the Aventura B-Cycle bike share program. • Launched the City's first on-demand ride sharing service in FY 2020/21 that serves nearly 10,000 riders a month.The City plans to expand on-demand services in FY 2022/23 through the addition of more vehicles. • Continued to collaborate with state, county and local officials to address traffic issues. Community Engagement, Parks, Programs and Special Events: • Funded part-time seasonal Park Attendants in order to provide adequate coverage in the peak season and accommodate increased attendance at our park facilities. • Continued the afterschool program at the Community Recreation Center for Aventura students that attend Aventura Waterways K-8. • Continued the youth travel soccer and basketball programs that were established to respond to the increased demand for these community services which are offset by user fees. • Continued the "Community Ride with the Police Department" Special Event which provide opportunities for the residents to interact with the Police. • Provided funding to maintain the Aventura Arts &Cultural Center as a state-of-the-art venue and to support a wide variety of programming for all age groups. • Continued to fund Family Movie Nights at Founders Park. • Hosted the Community Recreation Center showcase and Valentine's Day "Spreading the Love" event. • Provided adequate funding to maintain our parks and recreational facilities at a high level. • Continued to employ the use of the Youth Council. iii Environmental Sustainability and Go Green Initiatives • Maintained Tree City USA status. • Continued to improve the energy efficiency of all City facilities including the replacement of worn air conditioning systems. • Ensured that redevelopment projects that require land use/zoning revisions do not have a negative impact on the community. • Included funding to continue to retrofit street lighting throughout the City with more energy efficient LED fixtures. • Monitored and participated in regional efforts to address the impact of rising sea level as well as implemented recommendations found in the City's Comprehensive Stormwater Management Plan that address drainage improvements and the long-range impacts of climate change. • Continued the"Go Green Award Program"sponsored by the Community Services Board to recognize condominiums and businesses that have made efforts to reduce energy consumption and implement recycling programs. • Provide adequate funding to maintain our signature landscape, streets, rights-of-way and facilities and maintained the silver level certification recognition by the Florida Green Local Government Program. Police Department On March 25, 2000, the Aventura Police Department ("APD") became the youngest agency to ever receive accreditation status through the Commission on Accreditation for Law Enforcement Agencies, Inc. ("CALEA"). The accreditation means the APD has been recognized by an independent organization composed of representatives of the International Association of Chiefs of Police, the National Sheriff's Association, the National Organization of Black Law Enforcement Executives and the Police Executive Research Forum and has complied with over 400 standards that have been established as benchmarks of excellence. The APD has met or exceeded international accreditation standards set by CALEA. The CALEA accreditation process increases the agency's ability to prevent and control crime through more effective and efficient delivery of law enforcement services to the community. The process enhances community understanding of the APD and its role in the community, its goals and objectives. For the 81" time, CALEA has awarded reaccreditation to the APD. This prestigious organization has awarded our agency with their Gold Standard and has recognized us as one of their flagship organizations. These coveted awards from a nationally recognized and independent organization, symbolizes the agency's professionalism and distinction. The APD is a leader in the field of technology. The agency completed full integration of our E911 system as well as our Computer Aided Dispatch ("CAD") and Records Management System ("RMS") for reports and computer dispatched calls for service. The merge has allowed our 911 dispatchers to instantly share knowledge of changing events with field units and simultaneously provide existing data on suspects and previous incidents. The APD was the first municipality in the nation to implement shot detection technology in both of its charter schools. This cutting-edge technology that ties into our 911 center provides real time video and mapping location, to our officers and dispatchers, in the event a gunshot is detected on either school campus. We continue to use in car video systems, automatic license plate readers, city-wide TVMS capability and a host of other technological hardware and software to maintain the high level of service to our community. We are very proud of our community service efforts and all of the accomplishments of our Police Explorers Unit. The APD is continually looking for solutions and innovations to truly make us the "City of Excellence". Aventura City of Excellence School The City owns and operates the Aventura City of Excellence School ("ACES"). ACES is a K-8 Municipal Charter School that is part of the City's government and not a separate legal entity or otherwise organized apart from the City. The School operates under a charter granted by the sponsor — the Miami-Dade County Public School District. The School has been well received and has been at full capacity since its inception and has obtained academic success by receiving an "A" grade from the State of Florida for the past 19 years.The School is budgeted to serve 1,032 students in the 2022/23 school year. iv Since its opening on August 25, 2003, the Aventura City of Excellence School has achieved several milestones in the City's short history including: • Being the first School within the City's boundaries and the first municipal sponsored charter school in the County. • In 2005, the School amended the charter to include grades six through eight. • In 2012, the School amended the charter to increase its capacity from 1,020 to 1,032 students beginning with the 2016/17 school year. Don SofferAventura High School The Don Soffer Aventura High School ("DSAHS") is a tuition-free public charter school that opened in August 2019.The DSAHS currently has 800 91"through 121"grade students enrolled in its fourth year.The 53,418 square-foot school and the 10,250 square-foot gymnasium are located on two (2) acres at 3151 NE 2131" St., Aventura, FL 33180. DSAHS is a municipal charter school managed by Charter Schools USA Inc. ("CSUSA") and is governed by the City. CSUSA, the first education management company to receive corporation system-wide accreditation through AdvancED is one of the nation's leading charter school management companies. CSUSA currently manages nearly 100 schools in five (5) states serving more than 75,000 students in kindergarten through 121" grade. CSUSA's innovative educational advantages include advanced technology, meaningful parental involvement, student uniforms,consistent and fairly-enforced discipline policies, highly qualified and motivated staff, community focus, integrated character education and high academic growth and performance. Students at DSAHS will discover their passion and build a bridge between their rigorous high school experience and future to become impactful global citizens. Aventura Arts& Cultural Center The Aventura Arts & Cultural Center ("AACC") is a beautiful 14,864 square-foot waterfront performing arts facility located on the intracoastal. Its mission is to enhance the quality of life for Aventura by providing a variety of performing arts and relevant cultural programming for audiences of all ages. The AACC has been managed by the Broward Center for the Performing Arts since its opening and is currently in its 121" season of operation. The AACC has become the cultural heart of the City as thousands have enjoyed a wide range of shows and events in this beautiful waterfront facility. Budget Process The City's fiscal year begins on October 15t and ends on September 301" of each year as mandated by Florida statutes. The City Manager submits to the Commission the Proposed Operating and Capital Budget for the coming year no laterthan July 101"of each fiscal year.The preliminary millage rate is based on the certified taxable value that is received on July 15t. The appropriations contained in the proposed budget shall not exceed the funds derived from taxation and other revenue sources. The budget is approved via Commission adoption of an Ordinance at two (2) public meetings scheduled for September and becomes effective October 1st. An annual appropriated budget is adopted for all governmental funds with the exception of the, Federal Forfeiture Fund,the Law Enforcement Trust Fund and the Don Soffer Aventura High School Foundation Fund. A separate budget document for the Aventura City of Excellence Fund and the Don Soffer Aventura High School Fund is adopted by the City in May of each year, based on an annual operational fiscal year ending as of June 30th.The City Manager is authorized to transfer part or all of an unencumbered appropriation balance within departments within a fund; however, any revisions that alter the total appropriations of any department or fund must be approved by the Commission. The classification detail at which expenditures may not legally exceed appropriations is at the department level. v ECONOMIC CONDITION AND OUTLOOK Local Economy The City is an affluent suburb in a metropolitan area and serves as a major retail and medical economic driver and attraction for South Florida. It is home to the 2.956 million square foot Aventura Mall, one of the biggest indoor shopping destinations in the greater Miami area, with 300+ luxury retail stores. The City is home to many other beautiful shopping centers, fine dining establishments, parks and the Aventura Hospital and Medical Center. A Brightline train station being constructed at the doorstep of the Aventura Mall is set to open in the coming year as well as a footbridge from the station to the Aventura Mall. It will provide a significant positive boom for the local economy. In September 2022, the Commission adopted the budget for the fiscal year beginning October 1, 2022 with the same tax rate as the prior year of 1.726. This is the 211 lowest rate in the County, making it the City's 271" year without a property tax increase. The City's property tax component is responsible for approximately 10% of the total tax bill, with the largest portions being incurred from the County and School Board. In FY 2022/23, the City will maintain the same service levels and programs that our residents and businesses enjoyed in the prior year with the following exceptions: • The overtime in the Police Department operational budget was increased by $100,000 due to an anticipated increase in workload demands covered by this category. • Funding increased compared to the prior to ensure that adequate coverage is provided at our parks during the peak season and to accommodate increased attendance as we move to being open 7 days a week, as well as to enhance City communications and internal support. • Recreational programming funding and expenditures increased due to an increase in the current year activity as the recovery from the pandemic continues. • The City will incur an 6% increase in health insurance premiums over the prior year. • Fuel costs for the Police and Public Works Departments increased by $159,000 or 63.27% to support the rising gas prices. • In the coming year, the City and the Dade County Police Benevolent Association were in the middle of collective bargaining sessions to negotiate a new Collective Bargaining Agreement ("CBA") which will become effective October 1, 2022. More information about the City's economy may be obtained in the MD&A. Major Capital Improvements One of the City's main priorities is to maintain its infrastructure to a high standard. As a result, the City completed the following major capital improvements during FY 2021/22: ✓ Peace Park Restrooms ✓ Country Club Drive roadway curbing/drainage improvements ✓ Roof replacement at the Aventura Arts and Cultural Center ("AACC") ✓ Exterior painting of the AACC ✓ Roof replacement over the gymnasium at the Community Recreation Center ("CRC") ✓ Curbing improvements on NE 1901" Street ✓ Upgraded the alarm systems in the CRC and ACES ✓ Resealed the parking garage In addition, the following major capital improvements were in process at the end of FY 2021/22: • NE 341"Avenue drainage improvements, milling and paving • AACC exterior sealing vi LONG-TERM FINANCIAL PLANNING AND RELEVANT FINANCIAL POLICIES Maintaining Adequate Fund Balances The City follows GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions which requires that governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The City's policy is to maintain an adequate General Fund balance to meet seasonal shortfalls in cash flow and reduce susceptibility to emergency and unanticipated expenditures and/or revenue shortfalls. Some of our more significant fund balance classifications include: Committed: This classification includes amounts that can be used only for the specific purposes as determined by adoption of an ordinance by the Commission. Once adopted, the limitation imposed by the ordinance remains in effect until another ordinance either removes or revises the limitation. Effective September 30, 2022, the Commission provided a General Fund Capital Reserve of approximately $14.8 million and continued to maintain a Hurricane/Emergency and Disaster Recovery Reserve in the amount of$5 million. Unassigned: This classification includes the residual fund balance for the General Fund and represents fund balance that has not been assigned to other funds and that has not been restricted, committed, or assigned to specific purposes within the General Fund. Minimum Level of Unassigned Fund Balance of the General Fund At the beginning of each fiscal year, the total unassigned fund balance shall not be less than 10% of the annual General Fund revenue. If in any fiscal year the City's unassigned fund balance falls below the required threshold, the City shall not utilize any unassigned fund balance to balance the budget. In addition, the City Manager will make every effort to reestablish the minimum unassigned fund balance in a 24-36-month period beginning with the year from which the reserve funds fell below the threshold. In FY 2022/23, 10%of the General Fund revenue approximates$4.4 million, while at September 30, 2022 unassigned fund balance approximated $25.8 million. Pay-As-You-Go Financing Although the City Charter makes no reference to limitations in establishing debt (i.e., debt limit), the City has limited its borrowing to prudent levels that are able to be satisfied with existing revenue and cash flow projections. In order to minimize our debt issuance (and the related costs) to when it is absolutely necessary, the City has adopted a pay-as-you-go financing policy for CIP projects which include: • A large number of projects having a relatively small dollar value. • Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. • Projects which are of a recurring nature. • Projects where the assets acquired will have relatively short useful lives. Privatization of City Services The City utilizes a model of privatizing many of its service areas in order to provide a more cost-effective service delivery system as compared to a traditional government structure. By utilizing outside contractors to provide Building Inspection, Engineering and other services, the City is able to quickly adjust the costs of such services in direct correlation to the demand for the related service. vii AWARDS AND ACKNOWLEDGEMENTS The Government Finance Officers Association of the United States and Canada ("GFOA") awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Aventura for its annual comprehensive financial report for the fiscal year ended September 30, 2021. This was the 261" consecutive year that the City has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized annual comprehensive financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current annual comprehensive financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to GFOA to determine its eligibility for another certificate. For the first time in the City's history, the GFOA of the United States and Canada has given an Award for Outstanding Achievement in Popular Annual Financial Reporting to the City of Aventura for its Popular Annual Financial Report for the fiscal year ended September 30, 2021. The Award for Outstanding Achievement in Popular Annual Financial Reporting is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government popular reports. In order to receive an Award for Outstanding Achievement in Popular Annual Financial Reporting, a government unit must publish a Popular Annual Financial Report, whose contents conform to program standards of creativity, presentation, understandability, and reader appeal. An Award for Outstanding Achievement in Popular Annual Financial Reporting is valid for a period of one year only. The City of Aventura has received a Popular Award for the last year ended September 301". We believe our current report continues to conform to the Popular Annual Financial Reporting requirements, and we are submitting it to GFOA to determine its eligibility for another Award. In addition, the GFOA presented a Distinguished Budget Presentation Award to the City of Aventura for its annual budget for the fiscal year beginning October 1, 2021. In order to receive this award, a governmental until must publish a budget document that meets program criteria as a policy document, as an operations guide,as a financial plan, and as a communication device.This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. Earning all three awards from the GFOA establishes the City of Aventura as a Triple Crown Winner. Only 17 cities in the state of Florida obtained this extraordinary designation. The preparation of this report would not have been possible without the efficient and dedicated service of the Finance Department and as such we would like to express our appreciation to all members of the Department who assisted in this effort. In addition,we give credit to City Commission for their continued interest and support in planning and conducting the City's financial operations in a responsible and progressive manner. Ronald J. Wa n Melissa Cruz City Manager Finance Director viii CITY OF AVENTURA, FLORIDA LIST OF PRINCIPAL OFFICIALS Title Name Mayor Howard 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 Attorney Weiss Serota Helfman Cole & Bierman, P.L. Community Development Director Keven Klopp Information Technology Director Karen J. Lanke Assistant City Manager Bryan Pegues Finance Director Melissa Cruz City Clerk Ellisa L. Horvath Arts & Cultural Center General Manager Jeff Kiltie Community Services Director Kimberly Merchant Public Works/Transportation Director Joseph S. Kroll Chief of Police Michael Bentollila Don Soffer Aventura High School Principal Geoff McKee Aventura City of Excellence School Principal Anthony Tyrkala City Auditor Keefe McCullough & Co., LLP ix CITY OF AVENTURA Organizational Chart Residents City Commission City Attorney City Manager City Clerk Legal Services Administral on Minutes BudgetlCl Preparation Records Retention Customer Service Clerical Support 0 rganizatic nal Oversight Elections Community Community Public Safety Finance Department Development Department Services Department Department Police Planning Finance/Accounting Parks Patrol Zoning Purchasing Special Events Community Relations Building Inspections Risk Management Recreation Programming Criminal Investigations Code Enforcement Personnel Athletic Leagues Traffic Enforcement Economic Development Community Recreation Center Emergency Preparedness Occupational Licenses Community Garden Charter School Arts &Cultural Information Public Works/ Department Center Technology Transportation Department Department Department K 8 School Facility Management Information Management ROW/Median Maintenance Don Soffer Aventura Performing Arts Programming Communications Mass Transit High School* Community Facilities Maintenance Capital Projects Management Provided by CSUSA Stormwater Drainage Maintenance X Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Aventura Florida For its Annual Comprehensive Financial Report For the Fiscal Year Ended September 30. 2021 Executive Du-ector'CEO Xi (This page intentionally left blank.) FINANCIAL SECTION Keefe 5(D McCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT To the Honorable Mayor and Members of the City Commission City of Aventura, Florida Opinions We have audited the accompanying financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the City of Aventura, Florida (the "City"), as of and for the year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. In our opinion, based on our audit and the report of the other auditors,the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of September 30, 2022, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. We did not audit the financial statements of the City of Aventura Police Officers' Retirement Plan Pension Trust Fund, which represent 96 percent, 97 percent, and 96 percent, respectively, of the assets, fund balance/net position, and revenues/additions of the aggregate remaining fund information as of September 30, 2022 and the respective changes in financial position for the year then ended. Those statements were audited by another auditor whose reports have been furnished to us,and our opinions, insofar as it relates to the amounts included for the City of Aventura Police Officer's Retirement Plan Pension Trust Fund are based solely on the reports of the other auditors. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 vv®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 1 BEST PLACES TO WORK City of Aventura, Florida In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement,whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. 2 City of Aventura, Florida Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 5-14,the budgetary schedules on pages 59-64 and the schedules related to pensions and other post-employment benefits on pages 65-68, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We and other auditors have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The combining and individual nonmajor fund financial statements, budgetary comparison schedules, and schedule of expenditures of federal awards as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America by us and other auditors. In our opinion, based on our audit and the report of the other auditors, the combining and individual nonmajor fund financial statements, budgetary comparison schedules, and the schedule of expenditures of federal awards and state financial assistance are fairly stated, in all material respects, in relation to the basic financial statements as a whole. Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditor's report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. 3 City of Aventura, Florida Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards,we have also issued our report dated May 19, 2023, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City's internal control over financial reporting and compliance. L/4-wu&* KEEFE McCULLOUGH Fort Lauderdale, Florida May 19, 2023 4 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 As the City of Aventura's (the "City") management, we offer the City's financial statement readers this narrative overview and analysis of the City's financial activities for the fiscal year ended September 30, 2022. We encourage readers to consider the information presented herein in conjunction with the Letter of Transmittal, which can be found on pages i through viii of this report. All amounts, unless otherwise indicated, are expressed in thousands of dollars. Financial Highlights • The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of resources at the close of the most recent fiscal year by $138.1 million (net position). Of this amount, approximately $38.3 million represents unrestricted net position, which may be used to meet the City's ongoing obligations to citizens and creditors. • The City's total net position increased by approximately $5.0 million over the course of this year's operations. The net position of governmental activities increased by approximately $4.5 million while the net position of business type activities increased by approximately$0.5 million. • At the close of the current fiscal year, the City's governmental funds reported combined fund balances of approximately $53.7 million, an increase of approximately$2.1 million in comparison with the prior year. Approximately 42% of this amount ($22.6 million) is available for spending at the government's discretion (unassigned fund balance). • At the end of the current fiscal year, unrestricted fund balance (the total of nonspendable, committed, assigned and unassigned components of fund balance) for the General Fund was $46.9 million, or approximately 96% of total General Fund expenditures (inclusive of transfers out). Of this balance, $5.0 million has been committed to the City's disaster recovery fund, $14.8 million has been committed to future capital projects, $0.4 million has been assigned for encumbrances, $0.3 million has been assigned to Don Soffer Aventura High School operations. $0.7 million is classified as nonspendable and $25.8 million is classified as unassigned. Overview of the Financial Statements The financial section of this annual report consists of four (4) parts—management's discussion and analysis (this section), the basic financial statements, required supplementary information and supplementary information that presents combining and individual fund financial statements and budgetary comparison schedules. MANAGEMENT'S DISCUSSION AND ANALYSIS BASIC FINANCIAL STATEMENTS Government-Wide(Full Accrual) Fund Governmental Activities Governmental(Modified Accrual) Business-Type Activities Proprietary(Full Accrual) (No Fiduciary Activities) Fiduciary(Full Accrual) Notes to the Financial Statements REQUIRED SUPPLEMENTARY INFORMATION SUPPLEMENTARY INFORMATION Combining Fund Financial Statements&Budgetary Comparison Schedules 5 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Major Features of the Basic Financial Statements Government-Wide Financial Statements Fund Financial Statements Governmental Funds Proprietary Funds Fiduciary Funds Scope Entire City government Activities of the City that Activities of the City that Instances in which the City (except fiduciary activities) are not proprietary or are operated similar to is the trustee or agent for fiduciary private business someone else's resources Required financial Statement of net position Balance sheet Statement of net position Statement of net position statements Statement of activities Statement of revenues, Statement of revenues, Statement of changes in expenditures,and net expenses,and changes in net position changes in fund balances net position Statement of cash flows Accounting basis and Accrual accounting and Modified accrual Accrual accounting and Accrual accounting and measurement focus economic resources focus accounting and current economic resources focus economic resources focus financial resources focus Type of asset, All assets and liabilities, Only assets expected to be All assets and liabilities, All assets and liabilities, liability,and both financial and capital, used up and liabilities that both financial and capital, both short-term and long- deferred and short-term and long- come due during the year and short-term and long- term. It also includes the outflows/inflows term. It also includes the to soon thereafter,no term. It also includes the consumption and the information consumption and the capital assets and long consumption and the acquisition of net assets acquisition of net assets term liabilities are acquisition of net assets that applies to future that applies to future included. It also includes that applies to future period(s). period(s). the consumption and the period(s). acquisition of net assets that applies to future period(s). Basic Financial Statements Government-wide financial statements The focus of the government-wide financial statements is on the City's overall financial position and its activities. Reporting is similar to that of a private-sector business.The government-wide financial statements report information about the City as a whole and about its activities in a way that helps answer questions about the City's financial health and whether the current year activities contributed positively or negatively to that health. The City's government-wide financial statements include the statement of net position and statement of activities. As described below, these statements do not include the City's fiduciary activities because resources from these funds cannot be used to finance the City's activities. However, the financial statements of fiduciary activities are included in the City's fund financial statements because the City is financially accountable for those resources, even though they belong to other parties. The Statement of Net Position presents the City's long and short term financial information on the assets held and liabilities owed, as well its deferred outflows/inflows of resources. The City's assets are reported when acquired and its liabilities are reported when they are incurred, regardless of the timing of the related cash flows to acquire these assets or liquidate such liabilities. For example, the City reports buildings and infrastructure as assets even though they are not available to pay the obligations it incurs. On the other hand, the City reports liabilities, such as other post-employment benefits even though these liabilities might not be paid until several years into the future. Deferred outflows/inflows of resources represent the consumption/acquisition, respectively, of net assets that applies to a future period(s). 6 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Basic Financial Statements (continued) Government-wide financial statements (continued) The difference between the City's total assets, deferred outflows of resources, total liabilities and deferred inflows of resources is net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the City's financial position is improving or deteriorating. Although the City's purpose is not to accumulate net position, in general, as this amount increases it indicates that the City's financial position is improving over time. The Statement of Activities presents the revenues and expenses of the City. The items presented on the Statement of Activities are measured in a manner similar to the approach used in the private- sector, in that revenues are recognized when earned and expenses are reported when incurred. Accordingly, revenues are reported even when they may not be collected for several months after the end of the accounting period and expenses are recorded even though they may not have used cash during the current period. Both of the government-wide financial statements distinguish City functions that are principally supported by taxes and intergovernmental revenue (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The City's governmental activities include general government, public safety, community services and public works. The City's business-type activities include stormwater utility. Fund financial statements Unlike government-wide financial statements, the focus of fund financial statements is directed to the City's specific activities rather than the City as a whole. Except for the General Fund, separate funds are established to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the City's funds can be divided into three (3) categories: governmental funds, proprietary funds and fiduciary funds. Governmental funds Financial statements consist of a balance sheet and a statement of revenues, expenditures, and changes in fund balances. These statements are prepared on an accounting basis that is significantly different from that used to prepare the government-wide financial statements. In general, these financial statements have a short-term emphasis and, for the most part, measure and account for cash and other assets that can easily be converted to cash. For example, amounts reported on the balance sheet include items such as cash and receivables but do not include capital assets such as land and buildings. The difference between the fund's total assets, deferred outflows of resources, total liabilities and deferred inflows of resources is fund balance, and generally indicates the amount that can be used to finance the next fiscal year's activities. The operating statement for governmental funds reports only those revenues that were collected during the current period or very shortly after the end of the year. Expenditures are recorded when incurred. For the most part,the balances and activities accounted for in governmental funds are also reported in the governmental activities columns of the government-wide financial statements. However, because different accounting basis are used to prepare governmental fund financial statements and government-wide financial statements, there are often significant differences between the totals presented. For this reason, there is an analysis after the governmental funds balance sheet that reconciles the total fund balances for all governmental funds to the amount of net position presented in the governmental activities column on the statement of net position. Also, there is an analysis after the statement of revenues, expenditures and changes in fund balances that reconciles the total change in fund balances for all governmental funds to the change in net position as reported in the governmental activities column in the statement of activities. 7 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Basic Financial Statements (continued) Proprietary funds Financial statements consist of a statement of net position, statement of revenues, expenses, and changes in net position and statement of cash flows. These statements are prepared on an accounting basis that is similar to the basis used to prepare the government-wide financial statements. For financial reporting purposes, proprietary funds are grouped into Enterprise Funds and Internal Service Funds. The City uses Enterprise Funds to account for business-type activities that charge customers a fee for their use of specific goods or services. These funds are used to report the same functions presented as business-type activities in the government-wide financial statements. Although the City does not have any Internal Service Funds, such funds are used to account for services provided and billed on an internal basis. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail.The City has one major enterprise fund,the Stormwater Utility fund. A statement of cash flows is presented at the fund financial statement level for proprietary funds, but no equivalent statement is presented in the government-wide financial statements for either governmental activities or business-type activities. Fiduciary funds Fiduciary funds are used to account for resources held for another party's benefit outside the government. Fiduciary funds are not reflected in the government-wide financial statements because resources of those funds are not available to support the City's own programs. Fiduciary financial statements consist of a statement of net position and a statement of changes in net position. The City reports one fiduciary fund to account for the Police Officers' Retirement Plan. Notes to the financial statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. Required Supplementary Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning various issues such as a comparison between the City's adopted and final budget and actual financial results for its General Fund and major special revenue funds (if applicable). The City adopts an annual appropriated budget for its governmental funds. A budgetary comparison schedule has been provided for the General Fund and major special revenue funds (if applicable) to demonstrate compliance with this budget. Required supplementary information is also presented for the City's defined benefit pension plan including a schedule of changes in net pension liability and related ratios, schedule of contributions, and schedule of investment returns, as well as a schedule of changes in total OPEB liability and related ratios. Combining and Individual Fund Financial Statements and Budgetary Schedules Combining statements referred to earlier in connection with nonmajor governmental, internal service and fiduciary funds (as applicable) are presented immediately following the required supplementary information. Additional budgetary schedules are presented in this section including, as applicable, nonmajor special revenue funds, debt services funds and capital projects funds. 8 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Government-Wide Financial Analysis The table below presents a summary of net position as of 2022 and 2021, derived from the government-wide Statement of Net Position: Net Position(in thousands) Governmental Business-Type Activities Activities Total 2022 2021 2022 2021 2022 2021 Assets: Current and other assets $ 80,072 $ 69,084 $ 1,406 $ 673 $ 81,478 $ 69,757 Capital assets 98,344 100,089 9,672 9,711 108,016 109,800 Total assets 178,416 169,173 11,078 10,384 189,494 179,557 Total deferred outflows of resources 5,968 6,734 - - 5,968 6,734 Liabilities: Long-term liabilities 22,671 30,581 - 22,671 30,581 Other liabilities 27,674 19,981 212 49 27,886 20,030 Total liabilities 50,345 50,562 212 49 50,557 50,611 Total deferred inflows of resources 6,854 2,639 - 6,854 2,639 Net position: Net investment in capital assets 81,608 81,619 9,672 9,711 91,280 91,330 Restricted 8,507 8,012 - - 8,507 8,012 Unrestricted 37,070 33,075 1,194 624 38,264 33,699 Total net position $ 127,185 $ 122,706 $ 10,866 $ 10,335 $ 138,051 $ 133,041 As noted earlier, net position may serve over time as a useful indication of a government's financial position. At the close of the most recent fiscal year, the City's assets and deferred outflows of resources exceeded its liabilities and deferred inflows of resources by approximately$138.1 million. The largest component of the City's net position is net investment in capital assets and is 66.1% of total net position.This category reflects its investment in capital assets net of any outstanding related debt used to acquire these assets.The City uses these capital assets to provide its citizens with quality services. Consequently, this component of net position is not available for future spending. Although the capital assets are shown net of debt, it should be noted that the resources needed to repay this debt must be provided from other sources. The next largest portion of the City's net position is unrestricted (resources available for spending) and is 27.7% of total net position. Restricted net position represents 6.2% of total net position and contains resources that are subject to external restrictions on how they can be used. Capital assets decreased approximately $1.8 million and net investment in capital assets decreased by approximately$0.05 million, primarily due to the net effect of new capital/infrastructure projects, increase in accumulated depreciation, disposal of equipment and decrease in related debt. The decrease in net investment in capital assets is due to depreciation outpacing current year additions and reductions in debt. Current and other assets increased by approximately$11.7 million and other liabilities increased by $7.9 million primarily due to the receipt of $9.2 million of American Rescue Plan funds that are not yet recognized as revenue. Unrestricted net position in the governmental activities increased by approximately$4.6 million. 9 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Government-Wide Financial Analysis (continued) Over time, increases and decreases in net position measure whether the City's financial position is improving or deteriorating. In the current fiscal year, property taxes decreased by approximately $0.1 million as the assessed value of our taxable property decreased over the prior year coupled with no change in our ad valorem millage rate. Most of the City's operations are fully resumed after being suspended due to the impact from the COVID-19 pandemic, restoring lost revenue. The City experienced a $3.0 million increase in building permit fees due to the resumption of construction activity. State Shared Revenues primarily related to sales tax increased by $1.7 million and fines related to the Intersection Safety Program increased by $1.1 million. Operating grants and contribution increased by $3.3 million due to expanded enrollment in the Don Soffer Aventura High School and revenue from the State and Local Fiscal Recovery Funds. Franchise fees increased by$0.8 million, primarily due to a new electricity agreement with Florida Power & Light. Investment revenues decreased by$1.0 million due to decrease in market values. Miscellaneous revenues from after school activities and field trips increased by $0.4 million, as a result of the School's reopening after the pandemic. The table below presents a summary of changes in net position for the years ended September 30, 2022 and 2021, as derived from the government-wide Statement of Activities: Changes in Net Position (in thousands) Governmental Business-Type Activities Activities Total 2022 2021 2022 2021 2022 2021 Revenues and transfers: Program revenues: Charges for services $ 13,956 $ 8,495 $ 1,332 $ 1,376 $ 15,288 $ 9,871 Operating grants and contributions 17,543 13,121 - - 17,543 13,121 Capital grants and contributions 1,500 1,623 458 - 1,958 1,623 General revenues: Property taxes 17,216 17,347 - - 17,216 17,347 Utility and other locally levied taxes 10,139 9,604 - - 10,139 9,604 Franchise fees 5,139 4,381 - - 5,139 4,381 Intergovernmental revenues 8,113 6,365 - - 8,113 6,365 Investment income (loss) (921) 76 (7) - (928) 76 Other revenues 619 300 - (83) 619 217 Total revenues and transfers 73,304 61,312 1,783 1,293 75,087 62,605 Expenses: General government 7,429 6,531 - - 7,429 6,531 Public safety 28,261 26,135 - - 28,261 26,135 Community services 26,492 21,582 - - 26,492 21,582 Public works 5,996 5,491 - - 5,996 5,491 Interest and fiscal charges 647 705 - - 647 705 Stormwater utility - - 1,252 1,071 1,252 1,071 Total expenses 68,825 60,444 1,252 1,071 70,077 61,515 Change in net position 4,479 868 531 222 5,010 1,090 Net position, beginning of year 122,706 121,817 10,335 10,113 133,041 131,930 Restatement - 21 - - - 21 Net position, end of year $ 127,185 $ 122,706 $ 10,866 $ 10,335 $ 138,051 $ 133,041 10 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Financial Analysis of the City of Aventura's Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. Governmental funds The focus of the City's governmental funds is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unrestricted fund balance (committed, assigned and unassigned) may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. The General Fund is the City's chief operating fund and at end of the current fiscal year its total fund balance approximated $46.9 million. The City's approved fund balance policy requires a hurricane/emergency reserve of $5.0 million. In addition, the Commission annually approves a portion of fund balance to be reserved for future capital projects.As a measure of the General Fund's liquidity, it may be useful to compare both unrestricted fund balance and total fund balance to total general fund expenditures. Unassigned fund balance equals approximately$25.8 million or 54.9% of the General Fund total fund balance. This amount represents approximately 52.5% of total general fund expenditures (inclusive of transfers out) and is available for spending at the government's discretion. The total fund balance of the City's General Fund increased by$1.5 million. During the current fiscal year revenues increased by$6.1 million and expenditures inclusive of transfers out increased by$8.5 million, respectively. Many state-shared revenues rebounded from the prior year, including state revenue sharing and half-cent sales tax. These revenues increased by $1.0 million and $0.7 million, respectively. The City entered into new franchise agreement with the electricity provider, resulting in an additional $0.6 million. The biggest increase in revenues was a result of increased building activity, which increased permit fees by$3.0 million. The America Rescue Plan Act Fund is used to account for Coronavirus State and Local Fiscal Recovery Funds awarded to the City under the American Rescue Plan Act of 2021. The Aventura City of Excellence School Fund is used to record the operations of the Aventura City of Excellence School ("ACES").The School's fund balance decreased by$1.9 million. Revenues increased by 0.7 million, and expenditures increased by approximately$1.6 million.The increase in costs is due to increased spending to address negative impacts of the pandemic. The expenditures will be reimbursed in the future through the ESSER Grant funding. The Don Soffer Aventura High School Fund is used to record the operations of the Don Soffer Aventura High School. This is the fourth year of operations for this Fund. The student population is being phased in over four years, with full enrollment expected in fiscal year 2022/23. The revenues and expenditures increased by approximately$2.1 million and $1.8 million, respectively. The Transportation and Street Maintenance Fund is used to record the operations of transportation enhancements, street maintenance and construction costs, which are designated by State Statute and/or County Transit System Surtax Ordinance. The activities in this fund vary from year to year based on the projects planned. This year, the fund balance increased by $0.6 million. Revenues increased by approximately $1.0 million and expenditures increased by approximately$0.4 million. The Aventura Charter High School Construction Fund is used to account for the costs to build the new Don Soffer Aventura High School.The costs were financed partially with$7.1 million of debt and the remaining costs are covered with the City's funds and donations. The total cost is estimated to be approximately $17.5 million. In the current year, there were no costs and the final donation of $0.5 million was received. 11 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Financial Analysis of the City of Aventura's Funds (continued) Proprietary fund The proprietary fund is used to record the operations of the stormwater-related activities and experienced an increase in net position of$0.5 million over the prior year. The fund received grant revenue of approximately $0.5 million, for costs incurred in the prior year. Expenses remained comparable to the prior year. General Fund Budgetary Highlights During the year, the original budget was amended to reflect an additional $9.7 million in new revenues and expenditures. Revenues and expenditures were increased by approximately as follows: • $0.8 million expenditures related to the automatic reappropriation of capital-related encumbrances for capital projects that were in process at the end of fiscal year 2022. • $2.0 million to subsidize the Don Soffer Aventura High School's operating cost. • $2.1 million related to the increase in building permit and planning review activity which was offset by additional revenue in their respective categories. • $1.0 million related to the increased demand for recreational services, as the City's programing returned to normal and rebounded to at or above the pre-COVID levels. • $1.5 million related to the addition of new employees and overtime, the addition of social media services and legal costs. • $1.1 million for repairs to the roofs at the Community Recreational Center and the Arts and Cultural Center, and repairs were made to the parking garage. • $1.2 million related to unexpected increases in utilities and other operating costs, due to inflation and rising labor/supply costs. During the year, revenues exceeded budgetary estimates and expenditures were less than budgetary estimates, resulting in the net increase to fund balance of approximately $1.5 million. As explained earlier, much of the fund balance will continue to be utilized in future years to fund various capital needs. Licenses and Permits revenue exceeded the revised budget by $2.0 million, due to the resumption of building activity after a pause due to the COVID-19 pandemic. Capital Assets As of September 30, 2022 and 2021, the City had $108.0 million and $109.8, respectively, invested in a variety of capital assets, as reflected in the following schedule: Capital assets(in thousands,net of depreciation) Governmental Business-Type Activities Activities Total 2022 2021 2022 2021 2022 2021 Land $ 25,645 $ 25,645 $ - $ - $ 25,645 $ 25,645 Buildings 40,395 41,664 40,395 41,664 Improvements other than buildings 8,970 9,620 8,970 9,620 Furniture,machinery and equipment 4,619 4,552 - - 4,619 4,552 Infrastructure 18,431 18,218 9,564 9,351 27,995 27,569 Construction in progress 284 390 108 360 392 750 Total $ 98,344 $ 100,089 $ 9,672 $ 9,711 $ 108,016 $ 109,800 Additional information can be found in Note 7 - Capital Assets. 12 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Debt Administration As of year-end, the City had $16.9 million in debt outstanding compared to the $18.7 million last year, a $1.8 million decrease. All debt is secured only by a covenant to budget and appropriate. Bonded Debt and Notes Payable(in thousands) Governmental Business-Type Activities Activities Total 2022 2021 2022 2021 2022 2021 Non-Ad Valorem bonds $ 16,880 $ 18,725 $ - $ - $ 16,880 $ 18,725 Additional information can be found in Note 8 - Long-Term Liabilities of Governmental Activities. Economic Factors and Next Year's Budgets and Rates The State of Florida, by constitution, does not have a state personal income tax and therefore the State operates primarily using sales, gasoline and corporate income taxes. Local governments including cities, counties and school boards primarily rely on property and a limited array of permitted other taxes(e.g., utility taxes,franchise fees and business licenses) and intergovernmental revenues to provide funding for their governmental activities. For business-type activities and certain governmental activities (e.g., construction services and recreational programs), a fee or charge is paid by those that utilize the service. The budget does not include any significant expansion or additional area of service except for the continued start-up costs associated with the 4th year of operations of the Don Soffer Aventura High School and an expansion of the operations of the On-Demand Transportation Services. The City implemented a social media communications program to better interact with its residences. Once again, our strong fiscal policies and prudent budgeting have assisted in the maintenance of all existing service levels and avoiding raising the tax rate for the 27th year in a row. Strong fiscal policies and prudent budgeting have enabled the City to maintain the second lowest tax rate within the County while at the same time provide high-quality services to our residents.The City experienced an 8.7% increase in property values over the prior year while the new construction assessed values rose by approximately $66.0 million over the same time. This is the first year in the last five years that we have seen an increase in the City's existing property values. For next fiscal year the City expects property values to remain flat or increase by a small percentage. The FY 2022/23 budget totals $64.5 million or 5.2% more than the previous year. Capital Outlay expenditures are budgeted at $1.9 million, a decrease of$1.0 million as compared to the prior year. In the coming year, funding has been planned and provided for park improvements, road resurfacing projects, police vehicles as well as the continued investment in state-of-the-art technology to better serve and protect our residents. In addition, the City has made it a priority to maintain its infrastructure (e.g., government buildings and its park facilities) to a very high standard in order to ensure our service levels will be long into the future. Operating costs increased by $4,031,669 or 10.0% as compared to the previous year. The budget maintains our current level for all City services except the following areas: • City Manager Department increased by$633,333 as a result of adding two employees and contracting with a social media firm. • Police Department Salaries increase by $946,153 as a result of salary increase and an increase in projected overtime and pension costs. • The Community Development Department budget increased by $598,341 primarily in anticipation of the resumption of building activity to pre-pandemic levels. 13 City of Aventura, Florida Management's Discussion and Analysis September 30, 2022 Economic Factors and Next Year's Budgets and Rates (continued) • The Community Services Department budget increased by $718,787 primarily related to costs associated with higher demand for recreational programs, as they rebound form the negative COVID-19 impacts and return to at or above pre-pandemic levels. • The remaining increase in the budget was spread across the remaining departments and the Non-Departmental, with the exception of the Information Technology Department. The decrease in the Information Technology department was a result of reclassifying an employee and certain services to the City Manager Department. Requests for Information This financial report is designed to provide our citizens, taxpayers, customers and investors and creditors with a general overview of the City's finances and to demonstrate the City's accountability. If you should have any questions pertaining to the information presented in this report or would like additional information, please contact the City's Finance Director at 19200 W. Country Club Drive, Aventura, Florida 33180. 14 BASIC FINANCIAL STATEMENTS City of Aventura Statement of Net Position September 30, 2022 Governmental Business-Type Activities Activities Total Assets: Cash,cash equivalents and investments $ 74,060,777 $ 1,047,803 $ 75,108,580 Receivables,net of allowance for uncollectibles 1,734,744 - 1,734,744 Due from other governments 3,346,614 358,753 3,705,367 Prepaids and other assets 688,849 - 688,849 Inventories 28,523 28,523 Internal balances 212,738 - 212,738 Capital assets: Nondepreciable 25,928,158 107,858 26,036,016 Depreciable,net of accumulated depreciation 72,416,064 9,563,780 81,979,844 Total assets 178,416,467 11,078,194 189,494,661 Deferred outflows of resources: Deferred outflows relating to pensions 4,461,622 - 4,461,622 Deferred outflows relating to other post employment benefits(OPEB) 1,290,710 1,290,710 Deferred charge on refunding 215,937 215,937 Total deferred outflows of resources 5,968,269 - 5,968,269 Liabilities: Accounts payable 2,247,956 212,308 2,460,264 Accrued liabilities 4,112,224 - 4,112,224 Due to other governments 24,009 24,009 Unearned revenues 17,903,572 17,903,572 Accrued interest payable 52,160 52,160 Due within one year: Compensated absences payable 1,434,115 1,434,115 Bonds payable 1,900,000 1,900,000 Due in more than one year: Compensated absences payable 2,663,357 2,663,357 Bonds payable 14,980,000 14,980,000 Net pension liability 2,867,014 2,867,014 Other post employment benefits(OPEB)liability 2,161,160 - 2,161,160 Total liabilities 50,345,567 212,308 50,557,875 Deferred inflows of resources: Deferred inflows relating to pensions 6,228,328 - 6,228,328 Deferred inflows relating to other post employment benefits(OPEB) 625,442 625,442 Total deferred inflows of resources 6,853,770 - 6,853,770 Net position: Net investment in capital assets 81,608,195 9,671,638 91,279,833 Restricted for: Public works/transportation 6,625,387 - 6,625,387 Public safety/law enforcement 771,437 771,437 Capital projects 775,388 775,388 Debt service 335,118 - 335,118 Unrestricted 37,069,874 1,194,248 38,264,122 Total net position $ 127,185,399 $ 10,865,886 $ 138,051,285 * Charter Schools are presented as of June 30,2022. The accompanying notes to the financial statements are an integral part of these statements. 15 lD M M N 00 N O N O —i O dl r-I I, .o zt —i Ln N N -zt dl N —1 O —1 M O O 00 I, dl Kt M Ln 00 00 dl n M O dl 00 —1 M Kt Ln r-1 O 00 N r-I r-I N (7 O k.6 r-I r- Lr r- 00 lD a 00 M 00 00 00 O ate+ I, N to r-I zt N M 00 r-I M M r-I N r-I d) r-I Kt Ln M r-I O 'C lD oc Lf1 N N —i —i —i dl lD N O O O I� Ln I, Ln v Ln Lr r- O Lr 00 v O Lr M 00 r-I M M r-I —i Kt M M r-I ri C t/. t/. N 2 of N o a c o o � � � o � N � O O n N lD 00 a a o0 00 . . . I� O o0 00 Ur r, r �o r-I � Ln Z '� M M M M to 0) Ln Ln Ln M 00 N Q O O � r m L V} V} N Z f6 lD M M N 00 N N O —i O m n n O o0 —i m Q) +' N N � M N r-I r-I M O O 00 m m N O m m N N N 00 m n M O m m M � Ln r-I N 00 O r-I N M E E a+ col O 1.6 r-I r- Lr Lr .6 col 00 M r-I o0 Lr col t. 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C1A LLQZ) L� U Z Z -p N N � � _0 C N O L N +, C: O > O 0 U M LA E U y^' co W y L L Q) Wii > > 0 �L Y O r W u t:Lo Y N N (0 N y G1 G1 n LO O n � .. a� > O N E CL LL U N Q N U L i Q E `6 o u } 0 Ln cr 41 4— W L M W >, O V1 uo L O /r > Y > a °1 DOE — `6 O > `° L Ln Lu E ._ a, E a, Ln -4- E L O O E N N L i C (V t i+ m > N O +� C O41 r0 +T+ 1 y C (j C7 a U a V) t U CJ V1 LO Iy a m City of Aventura, Florida Balance Sheet- Governmental Funds September 30, 2022 Major Funds Aventura Transportation Aventura American City of Don Soffer and Charter High Rescue Excellence Aventura Street School Nonmajor Total General Plan Act School High School Maintenance Construction Governmental Governmental Fund Fund Fund* Fund* Fund Fund Funds Funds Assets: Cash and cash equivalents and investments $ 48,304,760 $ 16,904,181 $ 400 $ 255,318 $ 6,528,305 $ 18,523 $ 2,049,290 $ 74,060,777 Accounts receivable,net 1,734,691 - - 53 - - - 1,734,744 Due from other funds 463,576 - 212,738 - - 676,314 Due from other governments 917,803 1,781,775 312,046 327,594 7,396 3,346,614 Inventories 28,523 - - - - 28,523 Prepaid items and other assets 665,519 9,465 13,865 688,849 Total assets $ 52,114,872 $ 16,904,181 $ 1,791,640 $ 794,020 $ 6,855,899 $ 18,523 $ 2,056,686 $ 80,535,821 ------------ Liabilities: Accounts payable $ 1,255,933 $ 251,070 $ 519,988 $ 73,441 $ 90,512 $ $ 57,012 $ 2,247,956 Accrued liabilities 2,911,319 - 669,983 394,668 - 136,254 4,112,224 Due to other funds - 463,576 - - 463,576 Due to other governments 24,009 - - - 24,009 Unearned revenues 983,547 16,780,025 - - 140,000 - 17,903,572 Total liabilities 5,174,808 17,031,095 1,653,547 468,109 230,512 193,266 24,751,337 Deferred inflows of resources: Unavailable revenues - - 1,722,315 312,046 - - 2,034,361 Total deferred inflows of resources 1,722,315 312,046 2,034,361 Fund balances: Nonspendable: Inventories 28,523 - - 28,523 Prepaid items and other assets 665,519 9,465 13,865 - 688,849 Restricted for: Public works/transportation - - - 6,625,387 - 6,625,387 Public safety/law enforcement - - 771,437 771,437 Capital projects 18,523 756,865 775,388 Debt service - - 335,118 335,118 Committed for: Capital reserves 14,772,304 - 14,772,304 Hurricane/emergency and disaster recovery operating reserves 5,000,000 5,000,000 Assigned for: Charter school operations 256,338 - 256,338 Encumbrances 434,716 1,494,773 1,929,489 Unassigned(deficit) 25,782,664 (1,621,687) (1,593,687) - 22,567,290 Total fund balances(deficit) 46,940,064 (126,914) (1,594,222) 13,865 6,625,387 18,523 1,863,420 53,750,123 Total liabilities,deferred inflows of resources,and fund balances(deficit) $ 52,114,872 $ 16,904,181 $ 1,791,640 $ 794,020 $ 6,855,899 $ 18,523 $ 2,056,686 $ 80,535,821 * As of J une 30,2022. The accompanying notes to financial statements are an integral part of these statements. 17 City of Aventura, Florida Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2022 Amounts reported for governmental activities in the statement of net position are different as a result of: Total fund balances -governmental funds $ 53,750,123 Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds: Governmental capital assets $ 182,117,264 Less accumulated depreciation (83,773,042) 98,344,222 Certain revenues are considered deferred inflows of resources in the fund financial statements due to availability of funds; under full accrual accounting they are considered revenues. 2,034,361 Long-term liabilities are not due and payable in the current period, and therefore, are not reported in the governmental funds: Bonds payable $ (16,880,000) Other post employment benefits (OPEB) liability (2,161,160) Net pension liability (2,867,014) Compensated absences (4,097,472) Accrued interest payable (52,160) Deferred charge on refunding 215,937 (25,841,869) Certain funds related to pension and other post employment benefits (OPEB) liabilities; are not reported in the governmental funds: Deferred outflows relating to pensions $ 4,461,622 Deferred inflows relating to pensions (6,228,328) Deferred outflows relating to other post employment benefits (OPEB) 1,290,710 Deferred inflows relating to other post employment benefits (OPEB) (625,442) (1,101,438) Net position of governmental activities $ 127,185,399 The accompanying notes to financial statements are an integral part of these statements. 18 City of Aventura, Florida Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2022 Major Funds Aventura Transportation Aventura American City of Don Soffer and Charter High Rescue Excellence Aventura Street School Nonmajor Total General Plan Act School High School Maintenance Construction Governmental Governmental Fund Fund Fund* Fund* Fund Fund Funds Funds Revenues: Ad valorem taxes $ 17,216,330 $ $ $ $ $ $ $ 17,216,330 Utility service and other locally levied taxes 10,252,496 10,252,496 Franchise fees 5,138,500 5,138,500 Licenses,permits and impact fees 5,762,103 335,594 57,760 6,155,457 Intergovernmental revenues 5,195,271 1,745,049 9,071,491 6,018,170 3,055,905 500,000 79,751 25,665,637 Charges for services 4,146,452 - 269,187 26,958 36,153 - - 4,478,750 Fines and forfeitures 3,306,841 - - - 14,482 3,321,323 Investment income(loss) (705,795) (124,737) (3,168) - (76,645) (10,952) (921,297) Miscellaneous 51,051 - 579,431 163,481 - - 29,260 823,223 Total revenues 50,363,249 1,620,312 9,916,941 6,208,609 3,351,007 500,000 170,301 72,130,419 Expenditures: Current: General government 6,527,381 144,008 - - - - 49,295 6,720,684 Public safety 27,652,569 - - - 76,873 27,729,442 Community services 4,500,792 8,893 11,329,256 6,110,146 - - 21,949,087 Public works 3,539,349 - - - 2,309,275 - 5,848,624 Capital outlay 2,038,743 1,594,325 268,245 642,613 481,931 184,522 5,210,379 Debt service: Principal - - - - - 1,945,000 1,845,000 Interest - 612,437 612,437 Total expenditures 44,258,834 1,747,226 11,597,501 6,752,759 2,791,206 2,768,127 69,915,653 Excess(deficiency)of revenues over expenditures 6,104,415 (126,914) (1,680,560) (544,150) 559,801 500,000 (2,597,826) 2,214,766 Other financing sources(uses): Transfers in 256,338 150,000 2,536,423 - - 2,494,655 5,437,416 Transfers out (4,887,078) (444,000) - (256,338) (5,587,416) Total other financing sources(uses) (4,630,740) (294,000) 2,536,423 - - 2,238,317 (150,000) Net change in fund balances 1,473,675 (126,914) (1,974,560) 1,992,273 559,801 500,000 (359,509) 2,064,766 Fund balances(deficit),beginning 45,466,389 390,338 (1,978,408) 6,065,586 (481,477) 2,222,929 51,685,357 Fund balances(deficit),end of year $ 46,940,064 $ (126,914) $ (1,584,222) $ 13,865 $ 6,625,387 $ 18,523 $ 1,863,420 $ 53,750,123 * For the year ended June 30,2022. The accompanying notes to financial statements are an integral part of these statements. 19 City of Aventura, Florida Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Year Ended September 30, 2022 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances-total governmental funds $ 2,064,766 Governmental funds report capital outlays as expenditures; however, in the statement of activities, the cost of those assets is depreciated over their estimated useful lives and reported as depreciation expense. Expenditure for capital assets $ 3,860,474 Less: net book value of retirements and transfers (25,066) Less: current year depreciation (5,579,767) (1,744,359) Revenues that are earned but not received within the availability period are recognized in the statement of activities when earned and subsequently recognized in the governmental fund financial statements as they become available. The difference is recorded as a reconciling item. 1,348,514 Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net position. 1,845,000 Some expenses reported in the statement of activities do not require the use of current financial resources and; therefore, are not reported as expenditures in governmental funds: Change in other post employment benefits (OPEB) liability $ (23,782) Change in net pension liability 6,027,974 Change in compensated absences 8,162 Amortization of deferred charges (39,161) Change in accrued interest payable 4,570 5,977,763 Certain changes related to pension and other post employment benefits (OPEB) liabilities are not reported in the net change in the governmental funds: Change in deferred outflows relating to pensions $ (487,074) Change in deferred inflows relating to pensions (4,239,992) Change in prepaid pension contributions (71,437) Change in deferred outflows relating to other post employment benefits (OPEB) (239,788) Change in deferred inflows relating to other post employment benefits (OPEB) 25,715 (5,012,576) Change in net position of governmental activities $ 4,479,108 The accompanying notes to financial statements are an integral part of these statements. 20 City of Aventura, Florida Statement of Net Position Proprietary Fund September 30, 2022 Stormwater Utility Fund Assets: Current assets: Cash, cash equivalents and investments $ 1,047,803 Due from other governments 358,753 Total current assets 1,406,556 Noncurrent assets: Capital assets not being depreciated 107,858 Capital assets being depreciated, net 9,563,780 Total noncurrent assets 9,671,638 Total assets 11,078,194 Liabilities: Current liabilities: Accounts payable and accrued liabilities 212,308 Total liabilities 212,308 Net position: Net investment in capital assets 9,593,733 Unrestricted 1,272,153 Total net position $ 10,865,886 The accompanying notes to financial statements are an integral part of these statements. 21 City of Aventura, Florida Statement of Revenues, Expenses and Changes in Net Position Proprietary Fund For the Year Ended September 30, 2022 Stormwater Utility Fund Operating revenues: Charges for services $ 1,331,986 Operating expenses: Cost of sales and services 754,764 Depreciation expense 497,616 Total operating expenses 1,252,380 Operating income (loss) 79,606 Nonoperating revenues (expenses): Capital grants and contributions 458,194 Investment income (loss) (6,774) Total nonoperating revenues (expenses) 451,420 Change in net position 531,026 Net position, beginning of year 10,334,860 Net position, end of year $ 10,865,886 The accompanying notes to financial statements are an integral part of these statements. 22 City of Aventura, Florida Statement of Cash Flows Proprietary Fund For the Year Ended September 30, 2022 Cash flows from operating activities: Cash received from customers, users and others $ 1,200,892 Cash paid to suppliers (591,537) Net cash provided by (used in) operating activities 609,355 Cash flows from capital and related financing activities: Capital grants and contributions 458,194 Acquisition and construction of capital assets (458,255) Net cash provided by (used in) capital and related financing activities (61) Cash flows from investing activities: Investment income (loss) (6,774) Net cash provided by (used in) investing activities (6,774) Net increase (decrease) in cash, cash equivalents and investments 602,520 Cash, cash equivalents and investments, beginning of year 445,283 Cash, cash equivalents and investments, end of year $ 1,047,803 Reconciliation of operating income (loss) to net cash provided by (used in) operating activities: Operating income (loss) $ 79,606 Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depreciation expense 497,617 Changes in assets and liabilities: (Increase) decrease in due from other governments (131,094) Increase (decrease) in accounts payable 163,226 Total adjustments 529,749 Net cash provided by (used in) operating activities $ 609,355 The accompanying notes to financial statements are an integral part of these statements. 23 City of Aventura, Florida Statement of Net Position Fiduciary Fund - Police Officers' Retirement Plan September 30, 2022 Assets: Investments, at fair value: Equity securities $ 32,178,197 Government securities 5,553,881 Corporate bonds 3,754,927 Hedge funds 4,180,197 Self-directed DROP accounts 3,069,815 Money market funds 4,265,912 Real estate fund 2,807,507 Alternative mutual fund 1,530,118 Fixed income mutual funds 1,046,187 Total investments 58,386,741 Receivables: Accrued investment income 137,287 Accounts receivable - sale of investments 15,222 Employer receivable 181 Total receivables 152,690 Other assets 122,347 Total assets 58,661,778 Liabilities: Accounts payable - purchase of investments 55,917 Total liabilities 55,917 Net Position: Net position restricted for defined benefits 55,536,046 Net position restricted for drop benefits 3,069,815 Total net position $ 58,605,861 The accompanying notes to financial statements are an integral part of these statements. 24 City of Aventura, Florida Statement of Changes in Net Position Fiduciary Fund - Police Officers' Retirement Plan For the Year Ended September 30, 2022 Additions: Contributions: City $ 1,849,234 Employees 879,603 Florida chapter 185 471,692 Total contributions 3,200,529 Investment income (loss): Net appreciation (depreciation) in fair value of investments (12,296,559) Interest and dividend income 1,232,174 Total investment income (11,064,385) Less: investment expenses 392,344 Net investment income (loss) (11,456,729) Other income 10,230 Total additions (8,245,970) Deductions: Benefits paid directly to retirees 1,303,528 DROP distributions 505,410 Administrative expenses 150,348 Total deductions 1,959,286 Change in net position (10,205,256) Net Position, beginning of year 68,811,117 Net Position, end of year $ 58,605,861 The accompanying notes to financial statements are an integral part of these statements. 25 NOTES TO BASIC FINANCIAL STATEMENTS City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1- Summary of Significant Accounting Policies The City of Aventura, Florida (the "City") was incorporated on November 7, 1995. The City operates under a commission-manager form of government and provides the following full range of municipal services as authorized by its charter: public safety, highways and streets, building, licensing and code compliance, culture and recreation, public works and stormwater management, public records and general administrative services. The Annual Comprehensive Financial Report (the "ACFR") of the City includes all funds.The financial statements of the City have been prepared to conform with accounting principles generally accepted in the United States of America ("GAAP") as applicable to state and local governments. The Governmental Accounting Standards Board ("GASB") is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. Significant accounting and reporting policies and practices used by the City are described below: A. Financial Reporting Entity The financial statements were prepared in accordance with Government Accounting Standards, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of the elected officials. The financial reporting entity consists of the City, organizations for which the City is financially accountable and other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on the City. Discretely Presented Component Units Discretely presented component units are separate legal entities that meet the component unit criteria described above, but do not meet the criteria for blending, given that they do not function as an internal part of the primary government. Currently, the City has no discretely presented component units. Blended Component Units Blended component units are separate legal entities that meet the component unit criteria described above and whose governing body is the same as, substantially the same as, or appointed by the City Commission and the component unit provides services (financial benefit) entirely to the City. During the year, the City dissolved its one blended component unit: Don Soffer Aventura High School Foundation, Inc. (Note 15). In June 2019, the City Commission approved Resolution No. 2019-29, which approved the articles of incorporation for the creation of the Don Soffer Aventura High School Foundation, Inc. (the "Foundation"). The Foundation was created as a Florida not for profit 501(c)(3) corporation which may seek and find contributions for the improvement and operation of the Don Soffer Aventura High School Fund (a special revenue fund of the City).The Foundation is governed by a Board of Directors, that are approved by the City Commission. Separate financial statements of the blended component unit are not issued. 26 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1- Summary of Significant Accounting Policies (continued) B. Government Wide and Fund Financial Statements The basic financial statements include both government-wide (based on the City as a whole) and fund financial statements. The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all activities of the City. As a general rule, the effect of interfund services provided and used has been eliminated from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities,which rely to a significant extent on fees and charges for services. The government-wide statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those expensesthat are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use or directly benefit from goods, services or privileges provided by a given function or segment and 2)grants and contributions that are restricted to meeting the operation or capital requirements of a particular function or segment.Taxes and other items not properly included among program revenues are reported instead as general revenues. The net cost (by function) is normally covered by general revenue (i.e., property taxes, sales taxes, franchise taxes, unrestricted intergovernmental revenues, interest income, etc.). Separate fund financial statements are provided for governmental funds, proprietary funds and fiduciary funds, even though the latter are excluded from the government-wide financial statements. The focus of fund financial statements is on major funds. Major individual governmental funds and the major individual enterprise funds are reported as separate columns in the fund financial statements. GASB Statement No. 34 sets forth minimum criteria (percentage of assets/deferred outflows, liabilities/deferred inflows, revenues or expenditures/expenses of either fund category for the governmental and enterprise, combined, or funds that management deems of public importance)for the determination of major funds.The nonmajor funds are combined and presented in a single column in the fund financial statements. The government-wide-focus is more on the sustainability of the City as an entity and the change in aggregate financial position resulting from the activities of the fiscal period. The focus of the fund financial statements is on the major individual funds of the governmental and business-type categories, (by category). Each presentation provides valuable information that can be analyzed and compared to enhance the usefulness of the information. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year when an enforceable lien exists and when levied for.Grants and similar items are recognized as revenues as soon as all eligibility requirements imposed by the provider have been met. 27 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1- Summary of Significant Accounting Policies (continued) Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences, pension, other postemployment benefits and claims and judgments, are recorded only when due. Property taxes, when levied for, franchise fees, utility taxes, charges for services, impact fees, intergovernmental revenues when eligibility requirements are met and investment income associated with the current fiscal period are all considered to be measurable and have been recognized as revenues of the current fiscal period, if available. All other revenue items such as fines and forfeitures and licenses and permits are considered to be measurable and available when cash is received by the City. Proprietary fund-type operating statements present increases (e.g., revenues) and decreases (e.g., expenses) in total net position. Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the proprietary fund are charges to customers for sales and services. Operating expenses for proprietary funds include the costs of sales and services, administrative expenses and depreciation on capital assets. All revenues and expenses that do not meet this definition are reported as non-operating revenues or expenses. The City owns and operates two charter schools: Aventura City of Excellence School and Don Soffer Aventura High School. These schools are presented as major special revenue funds, as noted below, and have a fiscal year of July 1st through June 30th. The Charter Schools are required to legally adopt budgets and are also required to issue separately audited special purpose financial statements. The City reports the following major governmental funds: General Fund This fund is the principal operating fund of the City. All general tax revenues and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. American Rescue Plan Act Fund This special revenue fund is used to account for funds awarded to the City under the American Rescue Plan Act of 2021. Aventura City of Excellence School Fund This fund is used to account for revenues and expenditures from the operations of the Aventura City of Excellence School, a special revenue fund of the City. Don SofferAventura High School Fund This fund is used to account for revenues and expenditures from the operations of the Don Soffer Aventura High School, a special revenue fund of the City. Transportation and Street Maintenance Fund This special revenue fund is used to account for revenues and expenditures, which by State Statute and/or County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. 28 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1—Summary of Significant Accounting Policies (continued) Aventura Charter High School Construction Fund This capital projects fund was established to account for the funding sources and uses related to the construction and equipping of the Don Soffer Aventura High School. The City reports the following proprietary fund: Storm water Utility Fund This fund accounts for the operation, construction, and maintenance of the City's stormwater drainage system. Additionally, the government reports the following fiduciary fund type: City of Aventura Police Officers'Retirement Plan This fund accounts for the activities of the Police Officers' Retirement Plan that accumulates resources for pension benefits to qualifying police officers. The financial statements of the City have been prepared in accordance with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the standard setting body for governmental accounting and financial reporting. The financial statements of the City follow the guidance of GASB Statement No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncements for both the government wide and proprietary fund financial statements. Governments also have the option of following subsequent FASB pronouncements for their business type activities and enterprise funds subject to this same limitation.The City has elected not to follow subsequent FASB guidance. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services or privileges provided, 2) operating grants and contributions and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. 1. Cash, cash equivalents and investments - Cash and cash equivalents are defined as demand deposits, money market accounts and other short-term investments with original maturities of three months or less from the date of acquisition. In general, the City maintains a pooled cash account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash, cash equivalents and investments represent the amount owned by each City fund. Resources of all funds, with the exception of the pension fund, are also combined into investment pools for the purpose of maximizing investment yields. Earnings on pooled cash and investments are allocated monthly based on balances of the respective funds. The City's investments are reported at their estimated fair value except for the City's investment in the Florida PRIME which is recorded/valued at the amortized cost method. The pension plan's investments are reported at estimated fair value. 29 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1- Summary of Significant Accounting Policies (continued) 2. Receivables and parables - Activities between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either"due to/from other funds" (the current portion of interfund loans)or"advancesto/from other funds" (the noncurrent portions of interfund loans). Any residual balances outstanding between the governmental activities and business activities, or differences created between governmental funds due to timing of year end reporting, are reported in the government- wide financial statements as "internal balances." The City recognizes receivables in its various funds based on the accounting basis required for the fund. Allowances are provided for possible uncollectible amounts. 3. Prepaid expenses/expenditures - Certain payments to vendors reflect costs applicable to a future accounting period and are recorded as prepaid items in both government-wide and fund financial statements. 4. Inventories - Inventories held for resale are reported at the lower of cost (first-in, first-out) or market. Inventories of supplies are reported at cost. These amounts are typically reported as nonspendable in governmental fund financial statements. Inventory (supplies) is accounted for using the consumption method whereby inventories are recorded as expenditures when they are used. 5. Capital assets - Capital assets purchased or acquired with an original cost of$ 5,000 or more are reported at historical cost or estimated historical cost. Donated capital assets, donated works of art and similar items, and capital assets received in a service concession arrangement are reported at acquisition value. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized. Other costs incurred for repairs and maintenance are expensed as incurred. Depreciation on all assets is provided on the straight-line basis over the following estimated useful lives: Buildings 25 years Improvements other than buildings 20 - 30 years Infrastructure 20 -40 years Furniture, machinery and equipment 3-20 years Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. 6. Deferred outflows/inflows of resources - In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The City has pension related amounts, post-employment benefits other than pension (OPEB), and deferred charge on refunding that qualify for reporting in this category on the government-wide statement of net position. Deferred charge on refunding reported results from the difference in the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the shorter of the life of the refunded or refunding debt. 30 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1- Summary of Significant Accounting Policies (continued) In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources.This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until then. The City has pension and OPEB related amounts that qualify for reporting in this category on the government-wide statement of net position. Unavailable revenues, on the fund financial statements, consist of intergovernmental revenues.These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. 7. Compensated absences payable - The City's sick leave policy permits employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out, between 0 - 100% based on length of service. The City's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. Accumulated compensated absences are recorded in the government-wide and proprietary fund financial statements when earned. Expenditures for accumulated compensated absences have been recorded in the governmental funds only if they have matured, (e.g., resulting from employee resignations and retirements). Payments are generally paid out of the General Fund. 8. Long-term obligations - In the government-wide financial statements and proprietary fund type in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method, which approximates the effective interest method. Bond issue costs are expensed at issuance. Bonds payable are reported net of the applicable premiums and discounts, if applicable. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as debt issuance costs, during the current period.The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, and principal payments, are reported as debt service expenditures. 9. Net position - Net position in the government-wide and proprietary funds is categorized as net investment in capital assets; restricted or unrestricted. Net investment in capital assets, is the difference between the cost of capital assets, less accumulated depreciation, reduced by the outstanding balances of any borrowings used for the acquisition, construction or improvement of those assets;and deferred inflows and outflows of resources related to debt; and excluding unexpended proceeds. Restricted consists of net position with constraints placed on their use by external parties (creditors, grantors, contributors, or laws or regulations of other governments) or imposed by law through constitutional provisions or enabling legislation. Unrestricted indicates that portion of net position that is available to fund future operations. 31 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1- Summary of Significant Accounting Policies (continued) Flow assumption: Sometimes the government will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted—net position and unrestricted—net position in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the government's policy to consider restricted — net position to have been depleted before unrestricted — net position is applied. 10. Fund balance - The City follows GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions which requires that governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows: Nonspendable - This classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b) are legally or contractually required to be maintained intact. "Not in spendable form" includes items that are not expected to be converted to cash (such as inventories and prepaid amounts)and items such as long-term amount of loans and notes receivable, as well as property acquired for resale. The corpus (or principal) of a permanent fund is an example of an amount that is legally or contractually required to be maintained intact. Restricted - This classification includes amounts for which constraints have been placed on the use of the resources either (a) externally imposed by creditors (such as through a debt covenant), grantors, contributors, or laws or regulations of other governments, or (b) imposed by law through constitutional provisions or enabling legislation. Committed - This classification includes amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision making. The City Commission is the highest level of decision-making authority for the government that can, by adoption of an ordinance prior to the end of the fiscal year, commit fund balance. Once adopted, the limitation imposed by the ordinance remains in place until a similar action is taken(the adoption of another ordinance)to remove or revise the limitation. Assigned-This classification includes amounts that are constrained by the City's intent to be used for a specific purpose but are neither restricted nor committed. The City Commission has by resolution authorized the City Manager to assign fund balance. The City Commission may also assign fund balance as it does when appropriating fund balance to cover a gap between estimated revenue and appropriations in the subsequent year's budget. Unlike commitments, assignments generally can only exist temporarily. In other words, an additional action does not normally have to be taken for the removal of an assignment. Conversely, as discussed previously, an additional action is essential to either remove or revise a commitment. Unassigned - This classification includes the residual fund balance for the General Fund. Unassigned fund balance may also include negative balances for any governmental fund if expenditures exceed amounts restricted, committed or assigned for those specific purposes. 32 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 1- Summary of Significant Accounting Policies (continued) Flow assumption: The City considers restricted amounts to be spent first when both restricted and unrestricted fund balance is available unless there are legal documents/contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. Additionally, the City would first use committed fund balance, followed by assigned fund balance and then unassigned fund balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. 11. Fund balance policies -The City's policy is to maintain an adequate General Fund balance to meet seasonal shortfalls in cash flow and reduce susceptibility to emergency and unanticipated expenditures and/or revenue shortfalls. Minimum Level of Unassigned Fund Balance of the General Fund - At the beginning of each fiscal year,the total unassigned fund balance shall not be less than 10%of the annual General Fund revenue. In any fiscal year where the City's unassigned fund balance falls below the required 10% threshold, the City shall not budget any amounts of unassigned fund balance for the purpose of balancing the budget. In addition, the City Manager will make every effort to reestablish the minimum unassigned fund balance in a 24-36 month period beginning with the year from which the reserve funds fell below the 10% threshold. Hurricane/Emergency and Disaster Recovery Reserve-The City's Commission has adopted a fund balance reserve policy to maintain a Hurricane/Emergency and Disaster Recovery's Operating Reserve at a minimum level of$ 5,000,000. 12. Encumbrances- Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Encumbrances lapse at year-end; however, the City generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are re-appropriated, at the City Manager's discretion, in the next fiscal year. 13. Use of estimates - The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 14. Subsequent events — Subsequent events are evaluated by management through May 19, 2023 the date the financial statements were available for issuance. 33 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 2- Property Taxes Property taxes are assessed as of January 1 each year and are first billed (levied) and due the following November 1. Under Florida law, the assessment of all properties and the collection of all county, municipal, school board and special district property taxes are consolidated in the Offices of the County Property Appraiser and County Tax Collector. The laws for the State regulating tax assessments are also designed to assure a consistent property valuation method statewide. State statutes permit municipalities to levy property taxes at a rate of up to 10 mills ($ 10 per $ 1,000 of assessed taxable valuation). The millage rate assessed by the City for the year ended September 30, 2022 was 1.7261 mills. The City's tax levy is established by the City Commission prior to October 1 of each year, and the County Property Appraiser incorporates the millage into the total tax levy, which includes Miami- Dade County, Miami-Dade County School Board and certain other special taxing districts. All property is reassessed according to its fair market value as of January 1 each year. Each assessment roll is submitted to the Executive Director of the Florida Department of Revenue for review to determine if the assessment rolls meet all of the appropriate requirements of State Statutes. All real and tangible personal property taxes are due and payable on November 1 each year or as soon as practicable thereafter as the assessment roll is certified by the County Property Appraiser. Miami-Dade County mails each property owner on the assessment roll a notice of the taxes due and collects the taxes for the City.Taxes may be paid upon receipt of the notice from Miami-Dade County, with discounts at the rate of 4% if paid in the month of November, 3% if paid in the month of December, 2% if paid in the month of January and 1% if paid in the month of February. Taxes paid during the month of March are without discount, and all unpaid taxes on real and tangible personal property become delinquent and liens are placed on April 1 of the year following the year in which the taxes were assessed. Procedures for the collection of delinquent taxes by Miami-Dade County are provided for in the laws of Florida. There were no material delinquent property taxes as of September 30, 2022. Note 3- Deposits and Investments Deposits The City's custodial credit risk policy is in accordance with Florida Statutes. Florida Statutes authorize the deposit of City funds in demand deposits or time deposits of financial institutions approved by the State Treasurer.These are defined as public deposits.All City public deposits are held in qualified public depositories pursuant to Chapter 280, Florida Statutes, "Florida Security for Public Deposits Act." Under the act, all qualified public depositories are required to pledge eligible collateral having a fair value equal to or greater than the average daily or monthly balance of all public deposits times the depository's collateral pledging level. The collateral pledging level may range from 50%to 125% depending upon the depository's financial condition and the length of time that the depository has been established. All collateral must be deposited with the State Treasurer. Any losses to public depositors resulting from insolvency are covered by applicable deposit insurance, sale of securities pledged as collateral and, if necessary, assessment against other qualified public depositories of the same type as the depository in default. The City's bank balances were insured either by the Federal Depository Insurance Corporation or collateralized in the bank's participation in the Florida Security for Public Deposits Act. 34 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 3- Deposits and Investments (continued) The Florida SBA Pool, hereinafter referred to as"Florida PRIME", is not a registrant with the Securities and Exchange Commission ("SEC"); however, its board has adopted operating procedures consistent with the requirements for a 2a-7 fund. For the Florida PRIME, a 2a-7 like pool, the value of the City's position is the same as the value of the pool shares and is recorded at amortized cost. At September 30, 2022, the City's investment in the Florida PRIME was that of $ 40,427,843. In accordance with these requirements, the method used to determine the participants' shares sold and redeemed is the amortized cost method. Amortized cost includes accrued income and is a method of calculating an investment's value by adjusting its acquisition cost for the amortization of discount or premium over the period from purchase to maturity. Thus, the City's account balance in the SBA is its amortized cost. The SBA is governed by Chapter 19- 7 of the Florida Administrative Code. These rules provide guidance and establish the general operating procedures for the administration of the SBA. Additionally, the Office of the Auditor General of the State of Florida performs the operational audit of the activities and investment of the SBA.The SBA accounts are not subject to custodial credit risk as these investments are not evidenced by securities that exist in physical or bank entry form. In accordance with GASB Statement No. 79, Certain External Investment Pools and Pool Participants, the City's investment in the Florida PRIME meets the definition of a qualifying investment pool that measures for financial reporting purposes all of its investments at amortized cost and should disclose the presence of any limitations or restrictions on withdrawals. As of September 30, 2022,there were no redemption fees or maximum transaction amounts, or any other requirements that serve to limit a participant's daily access to 100 percent of their account value. Investments On February 7, 2019, the City re-adopted Chapter 6.6 of the Administrative Policy and Directives and Procedures Manual,entitled "Investments Objective and Parameters," as the City's Investment Policy for the management of Public Funds("the Policy").The Policywas created in accordance with Section 218.415, Florida Statutes.The Policy applies to all investments held and controlled by the City, with the exception of the Police Officers' Retirement Pension Plan and its debt issuance where there are other existing policies or indentures in effect for the investment of related funds. The City's policy for investments other than pension plan and debt issuance is summarized herein. The Finance Director is designated as investment officer of the City and is responsible for investment decisions and the day-to-day administration of the cash management program. The investment policy establishes permitted investments, asset allocation, issuer limits, credit rating requirements and maturity limitsto protectthe City's assets.All investment securities are held by a Trust custodian, and are managed by financial advisors. In general, the City's policy allows to invest in the following: (1) securities and obligations of the United States and its agencies; (2) nonnegotiable interest bearing time deposits or savings accounts provided that such deposits are secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes; (3) repurchase agreements collateralized by full or general faith and credit obligations of the U. S. Government or Agency securities; (4) the Florida Local Government Surplus Funds Trust Fund "SBA"; (5) intergovernmental investment pools authorized pursuant to the Florida Interlocal Cooperation Act, provided by Section 163.01, Florida Statutes, and provided that such funds contain no derivatives; (6) money market mutual funds-registered investment companies with the highest credit quality rating; (7) commercial paper of any U.S. company; (8) corporate notes; (9) asset backed securities issued by corporations organized and operating within the United States or by depository institutions licensed by the United States; (10) taxable/tax-exempt municipal bonds; and (11) Israel bonds. 35 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 3- Deposits and Investments (continued) The City policy for pension investments is under the oversight of the Plan's Board of Trustees (the "Board"). The Board contracts with investment advisory firms and approves any new investment vehicles presented by the consultants. The investment policy statement in effect for fiscal year ended September 30, 2022 was last amended on August 25, 2021. At September 30, 2022,the City had$2,000,000 of cash in escrow held by an agent, related to certain traffic improvements and other construction projects. As of September 30, 2022, the City's cash, cash equivalents and investments consisted of the following: Cash, cash equivalents and investments: State Board of Administration - SBA, Florida PRIME $ 40,427,843 Government bonds 12,167,470 Corporate bonds 5,618,927 Deposits with financial institutions and others 5,817,369 Government mortgage backed securities 3,035,171 Government agencies 2,675,618 Deposits held in escrow 2,000,000 Municipal/provincial bonds 1,309,440 Asset backed securities 1,154,322 Government issued commercial mortgage backed securities 602,420 International bonds 300,000 Total cash, cash equivalents and investments $ 75,108,580 Fiduciary fund investments: Equity securities $ 32,178,197 Government securities 5,553,881 Corporate bonds 3,754,927 Hedge funds 4,180,197 Self-directed DROP accounts 3,069,815 Money market funds 4,265,912 Real estate fund 2,807,507 Alternative mutual fund 1,530,118 Fixed income mutual funds 1,046,187 Total fiduciary investments $ 58,386,741 Interest Rate Risk The City's policy is to limit its exposure to fair value losses arising from changes in interest rates by structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. 36 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 3- Deposits and Investments (continued) This is the risk that changes in market interest rates will adversely affect the fair value of an investment.Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The City's policy is that unless matched with specific cash flow, the City will not directly invest in securities maturing more than seven (7) years from the date of purchase. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds to ensure that proper liquidity is maintained to meet ongoing obligations. The City does not have a formal investment policy for its pension funds that limits investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates. Information about the exposure of the City's debt-type investments to this risk using the segmented time distribution model is as follows: Time to Maturity(in Years) Greater Fair Less Than 1-5 6-10 Than Investment Type Value 1 Year Years Years 10 Years City Investments: State Board of Administration- SBA,Florida PRIME $ 40,427,843 $ 40,427,843 $ - $ - $ Government bonds 12,167,470 2,741,854 9,082,573 343,043 Corporate bonds 5,618,927 915,240 4,703,687 - - Government mortgage backed securities 3,035,171 9,157 585,695 1,581,062 859,257 Government agencies 2,675,618 488,006 2,187,612 - - Municipal/provincial bonds 1,309,440 299,941 1,009,499 Asset backed securities 1,154,322 - 1,154,322 Government issued commercial mortgage backed securities 602,420 418,603 183,817 International bonds 300,000 300,000 - - - Subtotal-City Investments 67,291,211 45,600,644 18,907,205 1,924,105 859,257 Fiduciary Fund Investments: Corporate bonds 3,754,927 445,748 2,159,993 1,016,262 132,924 U.S.treasuries 4,855,992 243,729 3,634,316 741,144 236,803 U.S.agencies 697,889 - 325,362 275,813 96,714 Fixed income funds 1,046,187 35,782 15,753 122,899 871,753 Subtotal-Fiduciary Fund 10,354,995 725,259 6,135,424 2,156,118 1,338,194 Total Investments $ 77,646,206 $ 46,325,903 $ 25,042,629 $ 4,080,223 $ 2,197,451 The dollar weighted average days to maturity (WAM) of Florida PRIME at September 30, 2022, is 21 days. Next interest rate reset dates forfloating rate securities are used in the calculation of the WAM. The weighted average life (WAL) of Florida PRIME at September 30, 2022, is 72 days. The City's portfolio weighted average effective duration (years) is 1.73. 37 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 3- Deposits and Investments (continued) Credit Risk Generally, credit risk is the risk that an issuer of a debt-type investment will not fulfill its obligation to the holder of the investment.This is measured by assignment of a rating by a nationally-recognized rating organization. The City's investment policy provides strict guidelines and limits investments to highly rated securities with minimum ratings of A (long term securities), A-1/13-1 (short term securities), and AAAm (money market mutual funds). The Finance Director shall determine the appropriate action for any investment held that is downgraded below the minimum rating by one or more rating agencies. U.S. government securities or obligations explicitly guaranteed by the U.S. government are not considered to have credit risk exposure. The pension fund limits its credit risk by limiting its fixed income investments to securities with the top (4) ratings issued by nationally recognized statistical rating organizations. The City's and fiduciary fund's portfolio is rated by Standard & Poor's and Moody's Investor Services, respectively, as follows: Fair Rating Value City Investments: A $ 2,322,291 A- 1,511,974 A+ 1,592,001 AA 351,115 AA- 331,678 AA+ 18,647,493 AAA 1,575,256 AAAm 40,427,843 Not Rated 531,560 $ 67,291,211 Fiduciary Fund Investments: AAA $ 1,067,751 AA+ 525,518 AA 184,716 AA- 257,994 A+ 908,405 A 938,381 A- 763,190 BBB+ 184,749 BBB 53,610 BB 1,615 B 72 Unrated 5,468,994 $ 10,354,995 38 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 3- Deposits and Investments (continued) Concentration Risk The City's policy is to maintain a diversified portfolio to minimize the risk of loss resulting from concentration of assets in a specific issuer. Specific limits have been established which limit the percentage of portfolio assets that can be invested with a specific issuer. GASB Statement No. 40, Deposit and Investment Risk Disclosures, requires disclosure when the percentage is 5% or more in any one issuer. Investments issued or explicitly guaranteed by the U.S.government and investments in mutual funds, external investment pools, or other pooled investments are excluded from this requirement. At September 30, 2022, the City did not have any concentrations of investments required to be disclosed herein. The pension fund limits investments that may be invested in any one issuer to no more than 5% of plan's net position, other than those issued by the U.S. Government or its Agencies. More than 5% of the plan's net position is invested in a money market fund and also in a hedge fund. Custodial Credit Risk For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty (e.g., broker- dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The City's investment policy requires securities, with the exception of certificates of deposit, to be registered in the City's name and held with a third-party custodian. Foreign Credit Risk For an investment,foreign credit risk is the risk that fluctuations in currency exchange rates mayaffect transactions conducted in currencies other than U.S. dollars and the carrying value of foreign investments. The City is not exposed to foreign credit risk. The pension fund's investments include American Depository Receipts ("ADRs"), which are non-U.S. equity instruments issued in U.S. dollars and have no foreign credit risk. The total of the investments in foreign securities, which consist of ADR's and foreign bonds, was $ 7,778,883. The investment policy limits the foreign investments to no more than 15% of the Plan's investment balance. As of year-end, the foreign investments were approximately 13.3% of total investments. Note 4- Fair Value Measurements The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 inputs are significant unobservable inputs. 39 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 4- Fair Value Measurements (continued) The City has the following recurring fair value measurements as of September 30, 2022: Fair Value Measurements at Reporting Date Quoted Prices Significant in Active Other Significant Markets for Observable Unobservable Fair Identical Assets Inputs Inputs Value (Level1) (Level2) (Level3) City Investments: Government bonds $ 12,167,470 $ - $ 12,167,470 $ Corporate bonds 5,618,927 5,618,927 Government mortgage backed securities 3,035,171 3,035,171 Government agencies 2,675,618 2,675,618 Municipal/provincial bonds 1,309,440 1,309,440 Asset backed securities 1,154,322 1,154,322 Government issued commercial mortgage backed securities 602,420 602,420 International bonds 300,000 300,000 Total investments measured at fair value 26,863,368 26,863,368 Investments measured at amortized cost: Florida PRIME(exempt) 40,427,843 - Subtotal-City Investments 67,291,211 26,863,368 Fiduciary Fund Investments: Equity securities: Common stocks 30,517,987 30,517,987 Equity mutual funds 1,660,210 1,660,210 Total equity securities 32,178,197 32,178,197 Debt securities: Corporate bonds 3,754,927 - 3,754,927 U.S.treasury securities 4,855,992 4,460,883 395,109 U.S.agency securities 697,889 - 697,889 Fixed income mutual funds 1,046,187 1,046,187 - Total debt securities 10,354,995 5,507,070 4,847,925 Alternative mutual fund 1,530,118 1,530,118 - Self-directed DROP accounts 3,069,815 - 3,069,815 Total investments measured at fair value 47,133,125 39,215,385 7,917,740 Investments measured at the Net Asset Value(NAV)(a) Hedgefunds 4,180,197 Real estate fund 2,807,507 Total investments measured at the NAV 6,987,704 Money market funds(exempt) 4,265,912 Subtotal-Fiduciary Fund Investments 58,386,741 Total Investments $ 125,677,952 (a) As required by GAAP,certain investments that are measured at net asset value have not been classified in the fair value hierarchy. The fair value amounts presented in this table are intended to permit reconciliation of the fair value hierarchy to the total investment line item in the Statement of Fiduciary Net Position. 40 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 4- Fair Value Measurements (continued) City Investments The City's fixed income securities of$ 26,863,368 classified in Level 2 of the fair value hierarchy are valued using a market standard pricing technique. Pricing service providers synthesize multiple market inputs to value securities based on the securities' relationship to benchmark quoted prices; the price is derived from altered or indirectly observable prices to result in a fair value measure. Fiduciary Fund Investments The following is a description of the valuation methodologies used for asset measured at fair value. • Common stock: Valued at the closing price reported on the New York Stock Exchange. • Government securities: Valued using pricing models maximizing the use of observable inputs for similar securities. • Corporate bonds: Valued using pricing models maximizing the use of observable inputs for similar securities. This includes basing the value on yields currently available on comparable securities of issuers with similar credit ratings. When quoted prices are not available for identical or similar bonds, the bond is valued under a discounted cash flows approach that maximizes observable inputs, such as current yield of similar instruments, but includes adjustments for certain risks that may not be observable, such as credit and liquidity risks or a broker quote, if available. • Mutual funds:Valued at the daily closing price as reported by the Plan. Mutual funds held by the Plan are open-ended mutual funds that are registered with the Securities and Exchange Commission. These funds are required to publish their daily net asset value (NAV) and to transact at that price. The mutual funds held by the Plan are deemed to be actively traded. • Hedge funds: Valued based on the net asset value per share, without further adjustment. Net asset value is based upon the fair value of the underlying investment. • Real estate fund: Valued at the net asset value of shares held by the Plan at year end.The Plan has investments in private market real estate investments for which no liquid public market exists. • Money market funds: Valued at the floating net asset value of shares held by the Plan at year end. The following table summarizes investments for which fair value is measured using the net asset value per share practical expedient, including their related unfunded commitments and redemption restrictions: Redemption Frequency(if Redemption Investments Measured at the Fair Unfunded Currently Notice NAV Value Commitments Eligible) Period Hedge Fund (1) $ 33,304 $ - Quarterly 90 Days Hedge Fund (1) 33,333 - Quarterly 90 Days Hedge Fund (2) 4,113,560 - Daily 1 Business Day Real estate fund (3) 2,807,507 - Quarterly 65 Days Total investments measured at the NAV $ 6,987,704 $ - 41 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 4- Fair Value Measurements (continued) (1) Hedge fund:The fund is a multi-strategy fund of hedge funds that aims to pursue varying strategies in order to diversify risk and reduce volatility. The fund is a diversified portfolio offering investment solutions through activist long/short equity, credit/special situations, event driven and arbitrage, global long/short equity and other opportunistic situations.The investment is valued at NAV and is redeemable on a quarterly basis. (2) Hedge fund:The fund is a diversified portfolio of common stocks of infrastructure companies and other permitted investments. The fund seeks to achieve maximum total return by investing globally in publicly traded infrastructure companies. Infrastructure companies operate in sectors that include, but are not limited to, utilities, transportation, pipelines and telecommunications, and other applicable businesses as defined by those included in the FTSE Global Core Infrastructure 50/50 Index. The investment is valued at NAV and is redeemable on a daily basis pertaining that it is a business day. (3) Real estate fund:The fund is an open-end core real estate fund with a diversified portfolio of income producing properties located throughout the United States. The investment is valued at NAV and is redeemable on a quarterly basis. Note 5- Receivables Receivables as of September 30, 2022 for the City's individual major funds and non-major funds in the aggregate consist of the following: Aventura Transportation City of Don Soffer and Excellence Aventura Street Nonmajor General School High School Maintenance Stormwater Governmental Fund Fund* Fund* Fund Fund Funds Total Receivables: Intergovernmental $ 917,803 $ 1,781,775 $ 312,046 $ 327,594 $ 358,753 $ 7,396 $ 3,705,367 Franchise and utility 1,497,762 - - - - - 1,497,762 Police services 236,929 236,929 Vendors and miscellaneous - - 53 - 53 Net total receivables $ 2,652,494 $ 1,781,775 $ 312,099 $ 327,594 $ 358,753 $ 7,396 $ 5,440,111 * As of June 30,2022. 42 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 6- Interfund Balances and Transfers Interfund receivables and payables at September 30, 2022 were as follows: Due From: Aventura City of Excellence Internal Due To: School Fund Balance Total Don Soffer Aventura High $ - 212,738 212,738 School Fund General Fund 463,576 - 463,576 Total $ 463,576 212,738 676,314 *An internal balance of$212,738 remains because the Don Soffer Aventura High School Fund and the Aventura City of Excellence School Fund are being reported at June 30,2022. Interfund transfers during the year ended September 30, 2022 were as follows: Transfers Transfers In Out General Fund $ 256,338 $ 4,887,078 Aventura City of Excellence School Fund 150,000 444,000 Don Soffer Aventura High School Fund 2,536,423 - Nonmajor Governmental Funds 2,494,655 256,338 $ 5,437,416 $ 5,587,416 *An internal balance of$150,000 remains because the Don Soffer Aventura High School Fund and the Aventura City of Excellence School Fund are being reported for the year ended June 30,2022. Transfers are used to: (1) move revenues from the fund that statute or budget requires to collect them, to the fund that statute or budget requires to expend them from or (2) use of unrestricted revenues collected in the General Fund to finance various programs accounted for in other funds in accordance with budgetary authorizations. The transfers to the Aventura City of Excellence School Fund and the Don Soffer Aventura High School Fund from the General Fund are being used to support the operations of both schools,from revenues generated through the intersection safety camera program. The remaining transfers represent transfers to meet debt service requirements of the Debt Service Funds and to close the Don Soffer Aventura High School Foundation Fund. 43 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 7- Capital Assets Capital assets activity for the year ended September 30, 2022 was as follows: Balance Additions Retirements Balance September 30, and and September 30, 2021 Transfers Transfers 2022 Governmental activities: Capital assets,not being depreciated: Land $ 25,644,586 $ - $ - $ 25,644,586 Construction in progress 389,627 861,353 (967,408) 283,572 Total capital assets, not being depreciated 26,034,213 861,353 (967,408) 25,928,158 Capital assets,being depreciated: Buildings 65,810,354 783,596 66,593,950 Improvements other than buildings 17,617,142 44,490 17,661,632 Infrastructure 45,747,023 1,675,621 47,422,644 Furniture,machinery and equipment 23,226,408 1,462,822 (178,350) 24,510,880 Total capital assets, being depreciated 152,400,927 3,966,529 (178,350) 156,189,106 Less accumulated depreciation for: Buildings 24,145,844 2,053,404 26,199,248 Improvements other than buildings 7,997,195 693,671 8,690,866 Infrastructure 27,529,021 1,462,555 28,991,576 Furniture,machinery and equipment 18,674,499 1,370,137 (153,284) 19,891,352 Total accumulated depreciation 78,346,559 5,579,767 (153,284) 83,773,042 Total capital assets, being depreciated,net 74,054,368 (1,613,238) (25,066) 72,416,064 Governmental activities capital assets,net $ 100,088,581 $ (751,885) $ (992,474) $ 98,344,222 Business-type activities: Capital assets,being depreciated: Construction in progress $ 359,794 $ 458,256 $ (710,192) $ 107,858 Total capital assets,not being depreciated 359,794 458,256 (710,192) 107,858 Capital assets,being depreciated: Infrastructure 14,875,360 710,192 15,585,552 Less accumulated depreciation 5,524,155 497,617 6,021,772 Total capital assets, being depreciated,net 9,351,205 212,575 9,563,780 Business-type activities capital assets,net $ 9,710,999 $ 670,831 $ (710,192) $ 9,671,638 44 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 7- Capital Assets (continued) Depreciation expense was charged to functions/programs of the primary government as follows: Governmental activities: General government $ 764,080 Public safety 854,497 Community services 3,582,799 Public works 378,391 $ 5,579,767 Business-type activities: Stormwater utility $ 497,617 Note 8- Long-Term Liabilities of Governmental Activities Changes in Governmental Activities long-term liabilities during the year ended September 30, 2022 were as follows: Balance Balance September 30, September 30, Due Within 2021 Additions Reductions 2022 One Year Governmental activities: Revenue bonds $ 18,725,000 $ $ (1,845,000) $ 16,880,000 $ 1,900,000 Other long-term liabilities: Compensated absences payable 4,105,634 1,874,637 (1,882,799) 4,097,472 1,434,115 Net pension liability 8,894,988 (6,027,974) 2,867,014 - Other post-employment benefits 2,137,378 23,782 2,161,160 - $ 33,863,000 $ 1,898,419 $ (9,755,773) $ 26,005,646 $ 3,334,115 Compensated absences, net pension liability and other post-employment benefits attributable to governmental activities are generally liquidated by the General Fund. Revenue bonds as of September 30, 2022 were comprised of the following: Series 2010 Refunding Revenue Bonds, principal is due annually over 18 years in various amounts through April 2029. The bonds bear interest at 3.42%. subject to taxability event, and are payable semi-annually on October 1 and April 1 of each year. The bonds are collateralized by available Non-Ad Valorem revenues. $ 4,795,000 Series 2011 Refunding Revenue Bonds, principal is due annually over 18 years in various amounts through April 2029. The bonds bear interest at 3.64%. subject to taxability event, and are payable semi-annually on October 1 and April 1 of each year. The bonds are collateralized by available Non-Ad Valorem revenues. 2,595,000 45 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 8- Long-Term Liabilities of Governmental Activities (continued) Series 2012 Refunding Revenue Bonds, principal is due annually over 15 years in various amounts through August 2027. The bonds bear interest at 2.65%, subject to taxability event, and are payable semi-annually on February 1 and August 1 of each year.The bonds are collateralized by available Non-Ad Valorem revenues. 3,520,000 Series 2018 Revenue Bonds, principal is due annually over 20 years in various amounts through August 2038. The bonds bear interest at 3.68%, subject to taxability event, and are payable semi-annually on February 1 and August 1 of each year. The bonds are collateralized by available Non-Ad Valorem revenues. 5,970,000 $ 16,880,000 Series 2010 and 2011 Refunding Revenue Bonds The City previously issued $ 21,000,000 in Series 1999 Revenue Bonds to finance the acquisition of land, buildings and other improvements related to municipal parks and the City's administrative complex and police station. At September 30, 2014, this bond series was fully defeased. In fiscal year 2010, the City issued Series 2010 Refunding Revenue Bonds to partially advance refund $ 10,580,000 of the then outstanding Series 1999 Revenue Bonds. In fiscal year 2011, the City issued Series 2011 Refunding Revenue Bonds to advance refund the remaining $ 5,700,000 of the then outstanding Series 1999 Revenue Bonds. The City refunded the Series 1999 Revenue Bonds to reduce its aggregate debt service payments by approximately$ 3,166,000. The indentures contain financial provisions as follows: (1) a default rate equal to the maximum rate permitted by law, and a 3%fee on delinquent payments if not made within fifteen days after the due date; 2) events of default such as failure to make payment, violation of any covenant contained in the agreements, bankruptcy, or insolvency; and 3) anti-dilution requirements where the aggregate adjusted net revenues will equal or exceed 300% of the maximum annual debt service, and the maximum annual debt service will not exceed 20% of adjusted net revenues, as defined in the debt agreements. Series 2012 Refunding Revenue Bonds The City previously entered into a bond indenture agreement with the Florida Intergovernmental Finance Commission through an interlocal governmental agreement. As a result, the City issued $ 12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and construction of a charter school as well as the construction of the community recreation center. At September 30, 2014, this bond series was fully defeased. In fiscal year 2012, the City issued $ 9,885,000 in Series 2012 Refunding Revenue Bonds to advance refund$ 10,165,000(including a City contribution of approximately$598,000)of the then outstanding Series 2002 Revenue Bonds. The City advance refunded the Series 2002 Revenue Bonds to reduce its total debt service payments by approximately$ 3,810,000. 46 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 8- Long-Term Liabilities of Governmental Activities (continued) The indenture contains financial provisions as follows: (1) a default rate equal to Prime plus 3% and a 3% fee on delinquent payments if not made within fifteen days after the due date; 2) events of default such as failure to make payment, violation of any covenant contained in the agreements, bankruptcy, or insolvency; and 3) anti-dilution requirements where the aggregate adjusted net revenues will equal or exceed 300% of the maximum annual debt service, and the maximum annual debt service will not exceed 20% of adjusted net revenues, as defined in the debt agreements. Series 2018 Revenue Bonds The City previously issued $ 7,100,000 in Series 2018 Revenue Bonds for the construction and equipping the Don Soffer High School within the City. The indentures contain financial provisions as follows: (1) a default rate equal to the current interest rate on the bonds plus 2%, after 5 days of any due date; and 2) events of default such as failure to make payment, violation of any covenant contained in the agreements, bankruptcy, or insolvency. The aggregate annual debt service requirements to maturity for the revenue bonds are approximately as follows: Year Ending September 30, Principal Interest Total 2023 $ 1,900,000 $ 535,782 $ 2,435,782 2024 1,965,000 476,851 2,441,851 2025 2,025,000 415,984 2,440,984 2026 2,080,000 353,289 2,433,289 2027 2,145,000 288,673 2,433,673 2028 - 2032 4,110,000 757,900 4,867,900 2033 - 2037 2,170,000 314,547 2,484,547 2038 485,000 13,340 498,340 $ 16,880,000 $ 3,156,366 $ 20,036,366 The City does not currently have unused lines of credit or assets placed as collateral for debt. Note 9- Commitments and Contingencies Litigation Various claims and lawsuits, which arise in the normal course of operations, are pending against the City. It is management's opinion, based on the advice of the City Attorney,that the outcome of these actions, if any, will not have a material adverse effect on the financial statements of the City. Management also believes that any possible adverse effect of litigation against the City will be covered by insurance. 47 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 9- Commitments and Contingencies (continued) Government Grants Revenue recognized from grants may be subject to audit by the grantor agencies. In the opinion of City management,as a result of such audits, disallowances of grant revenues,if any,would not have a material adverse effect on the City's financial condition. Employment Agreement The City has an employment contract with its City Manager that provides for an annual salary, adjusted for cost-of-living increases and certain benefits.This agreement is effective for an indefinite term subject to termination of the City Manager by the City Commission in accordance with Article III, Section 3.08 of the City Charter. The City Manager must provide four(4) months advance written notice to resign voluntarily. Charter School Agreements The City has two contracts with the School Board of Miami-Dade County, Florida, that allows for Aventura City of Excellence School to provide the residents of the City of Aventura an elementary and middle school education choice; and for the Don Soffer Aventura High School to provide the residents of the City of Aventura a high school education choice.The contracts for the Aventura City of Excellence School and the Don Soffer Aventura High School expire on June 30, 2033 and June 30, 2034, respectively. Both contracts provide for a five-year renewal option by mutual agreement of both parties. The City previously entered into an agreement with Charter School USA, Inc. ("CSUSA") to provide administrative and educational services for Aventura City of Excellence School. The agreement expires on June 30, 2023, with a five-year renewal option by mutual agreement of both parties. The City also entered into a separate management agreement with CSUSA to provide those services necessary to organize, manage, staff, operate and maintain the Don Soffer Aventura High School. The term of the agreement is consistent with the existing Charter, expiring June 30, 2034, with automatic renewals through a term consistent with the then current Charter provided performance standards are satisfied. Other Agreements The City has a nonexclusive agreement through November2024with an engineering consulting firm (the "Consultant") to provide building inspections and plan review services. Pursuant to the agreement, the Consultant receives 70%of the gross building permit fee revenues for the first $ 50,000 in gross fees in a month and 65% of the amount in excess of $ 50,000 per month. However, the Consultant receives 35% of the permit fee for all projects owned, paid for and to be operated by the City. Pension Funding Economic developments surrounding the overall market-liquidity, credit availability and market collateral levels may result in declines in the value of the investment securities held by the City of Aventura Police Officers' Retirement Plan. Consequently,the City's required contribution amount to the Plan, which is necessary to maintain the actuarial soundness and to provide the level of assets sufficient to meet participant benefits, could significantly increase in future periods. It is management's opinion that future contributions to the Plan will not have a material adverse effect on the City's financial position. 48 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 9- Commitments and Contingencies (continued) Construction Agreements The City has entered into various agreements in reference to the construction and maintenance of the City's streets and other infrastructure projects. At year-end, outstanding construction commitments amounted to approximately$ 284,000. Encumbrances As discussed in Note 1(12.) Summary of Significant Accounting Policies, encumbrance accounting is utilized to the extent necessary to assure effective budgetary control and accountability and to facilitate effective cash planning and control. At year end, the amount of encumbrances expected to be honored upon performance by the vendor in the next year are as follows: General Fund $ 434,716 Stormwater Fund 110,986 American Rescue Plan 1,494,773 $ 2,040,475 Note 10- Risk Management The City is exposed to various risks of loss related to torts, thefts of, damage to and destruction of assets, errors and omissions, employee health, workers' compensation and natural disasters for which the City carries commercial insurance. Settlement amounts have not exceeded insurance coverage for any of the past three (3) fiscal years. In addition, there were no reductions in insurance coverage from those in the prior year. Note 11 - Post-Employment Benefits other than Pensions (OPEB) Plan Description The City's defined benefit OPEB plan provides benefits to all eligible employees and is a single employer benefit plan administered by the City. Chapter 627 of the Florida Statutes requires that the City make health coverage available to retirees at the employer's group rate. The City provides no funding for any portion of the premiums after retirement, except as discussed below. However, the City recognizes that there is an "implicit subsidy" arising because of the blended rate premium since retiree health care costs, on average, are higher than active employee healthcare costs. The plan is not accounted for as a trust fund and an irrevocable trust has not been established to fund this plan. The plan does not issue a separate financial report. It is the City's current policy to fund the plan on a "pay- as-you-go" basis. There are no assets accumulated in a trust that meets the criteria in paragraph 4 of Statement 75. 49 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 11 - Post-Employment Benefits other than Pensions (OPEB) (continued) Benefits Provided Employees who retire from the City and their dependents are eligible to continue to participate in the City's health insurance, life insurance, and long-term care benefits currently offered through the City at the"blended"employee group rate,which the City determines on an annual basis.The retiree must continue to meet all participation requirements and payall applicable premiums bythespecified due date. Life insurance and long-term care benefits are portable and the retiree must pay premiums to the carrier directly. Generally, the City provides no funding for any portion of the premiums after retirement. Pursuant to City Resolution 2006-64, department directors who retire at age 55 or later with at least 10 years of full-time service are not required to pay a premium for medical or dental coverage for themselves prior to age 65. The retiree is responsible for any spouse or dependent coverage. For these individuals, there is an explicit subsidy where the City provides for the retiree's coverage. As of September 30, 2020, the latest actuarial valuation, health care and dental plan participants consisted of: Active Plan participants 163 Retiree Plan participants 4 167 Total OPEB Liability The City's total OPEB liability of$ 2,161,160 was measured as of September 30, 2021 (measurement date) and was determined by an actuarial valuation as of September 30, 2020. Methods and Assumptions Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. Projections of benefits for financial reporting purposes are based on numerous assumptions concerning the cost of benefits to be provided in the future, long-term investment returns, and the future demographic experience of the current participants. As of the September 30, 2020 actuarial valuation, the following assumptions were made: Discount rate: 2.43% per annum; this rate is based on the September 30, 2020 S&P Municipal Bond 20-year High Grade Rate Index as published by S&P Dow Jones Indices. Salary increases: 3.00% per year. Inflation: 2.50% per year. Marital status: Current spouse coverage is applied. 50 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 11 - Post-Employment Benefits other than Pensions (OPEB) (continued) Retirement rates: General - 100% are assumed to retire by age 62 with 6 years of service, or with 30 years of service, regardless of age. Police - 100% are assumed to retire by age 55 and 10 years of service or age 52 and 25 years of service. Health care participation: - 5% participation assumed. 100% participation assumed for Directors eligible for explicit coverage to age 65, and 5%thereafter. Healthcare care inflation: Increases in healthcare costs are assumed to be 7.00% for the 2020/21 fiscal year, 7.50%for the 2021/2022 fiscal year, grading down to the ultimate trend rate of 4.00% in the 2074-2075 fiscal year. Medical Aging morbidity factors: Developed based on a study performed by Dale Yamamoto for the Society of Actuaries. Used to measure the annual increases in per capital claim costs for each age and relative cost by gender. Health claims: Developed using active fully insured rates. Dental claims: Developed using the active fully insured rates. Projected employee contributions are assumed to cover the entire cost of claims. Funding method: Entry Age Cost Method (Level Percentage of Pay). Mortality rates: Mortality rates are consistent with mortality rates mandated by Chapter 2015-157, Florida Statutes for pension plans. This law mandates the use of the assumption used in either of the two most recent valuations of the Florida Retirement System (FRS). All mortality rates were based on the Pub-2010 mortality tables with fully generational improvement using Scale MP-2018. The rates are those outlined in Milliman's July 1, 2019 FRS valuation report. Changes: Since the prior measurement date, the discount rate was increased from 2.14% per annum to 2.43% per annum. Also, the mortality rates, the annual per capita claim costs, and the health care inflation rates were updated. Changes in the Total OPEB Liability Total OPEB Liability Balance as of September 30, 2020, measurement date $ 2,137,378 Change due to: Service cost 99,574 Expected interest growth 47,421 Benefit payments and refunds (42,276) Assumption changes (80,937) Net changes 23,782 Balance as of September 30, 2021, measurement date $ 2,161,160 51 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 11 - Post-Employment Benefits other than Pensions (OPEB) (continued) Sensitivity of the Total OPEB Liability to Changes in the Discount Rate The following presents the total OPEB liability of the City, as well as what the City's total OPEB liability would be if it were calculated using a discount rate that is 1.00% lower or 1.00% higher than the current discount rate: 1% Decrease Discount Rate 1% Increase (1.43%) (2.43%) (3.43%) Net OPEB liability $ 2,458,652 $ 2,161,160 $ 1,910,985 Sensitivity of the Total OPEB Liability to Changes in the Healthcare Cost Trend Rates The following presents the total OPEB liability of the City, as well as what the City's total OPEB liability would be if it were calculated using healthcare cost trend rates that are 1-percentage-point lower or 1-percentage-point higher than the current healthcare cost trend rates: Healthcare Trend Rates Cost Trend Trend Rates Minus 1.00% Rates Plus 1.00% 3.00% - 6.50% 4.00%- 7.50% 5.00% - 8.50% Net OPEB liability $ 1,866,272 $ 2,161,160 $ 2,522,321 OPEB Expense, Deferred Outflows of Resources and Deferred Inflows of Resources Related to OPEB For the year ended September 30, 2022, the City recognized OPEB expense of $ 284,802. At September 30, 2022, the City reported deferred outflows of resources and deferred inflows as follows: Deferred Deferred Outflows Inflows of Resources of Resources Differences between expected and actual experience $ 510,078 $ 477,481 Changes of assumptions 733,685 147,961 Employer contributions subsequent to the measurement date 46,947 - Total $ 1,290,710 $ 625,442 The deferred outflows of resources relating from the employer contributions subsequent to the measurement date and prior to the employer's reporting period, in the amount of $ 46,947, will be recognized as a reduction of the net OPEB liability in the subsequent fiscal year ending September 30, 2023. 52 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 11 - Post-Employment Benefits other than Pensions (OPEB) (continued) Amounts reported as deferred outflows and deferred inflows of resources related to OPEB will be recognized as expense as follows: Yearended September 30, Amount 2023 $ 132,807 2024 132,807 2025 132,807 2026 132,807 2027 108,265 Thereafter (21,172) $ 618,321 Note 12 - Defined Contribution Pension Plans The City is a single-employer that contributes to four (4) defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401(a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 7%and 18% depending on employee classifications.City contributions for the City Manager, department directors and assistant department directors vest in the year they are contributed. City contributions to general employees vest beginning after one year of service through year five in 20% increments.Participants are not permitted to make contributions during the year.The City made plan contributions of approximately $ 872,000 during the year. Plan provisions and contribution requirements may be amended by the City Commission. In addition, the City provides to all full-time employees a deferred compensation plan under Section 457 of the Internal Revenue Code. Under this program, employees may voluntarily elect to defer a portion of their salary to future years; with no required contributions from the City. Both programs are administered by ICMA Retirement Corp. The City does not exercise any control or fiduciary responsibility over the Plans' assets. Therefore, the assets, liabilities and transactions are not included in the City's financial statements. Note 13 - Defined Benefit Pension Plan General Information about the Pension Plan Plan Description - The Plan is open solely to active police officers of the City of Aventura. A police officer is any person employed full time in the Police Department of the City, who is certified as a police officer as a condition of employment in accordance with the provisions of Florida Statutes and whose duty is to protect life and property and exercise lawful arrest powers of the State of Florida. The definition includes all supervisory and command personnel whose duties include, in whole or in part,the supervision,training,guidance, and management responsibilities of full-time police officers. All full-time police officers of the City of Aventura, except the Chief of Police, must participate in the pension plan. 53 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 13 - Defined Benefit Pension Plan (continued) Board of Trustees:Two City Commission appointees who are City residents,two elected Members of the System, and a fifth member elected by the other four and appointed by Commission (as a ministerial duty). Plan Membership as of September 30, 2022 Inactive Plan members or beneficiaries 26 currently receiving benefits Active Plan members 76 Total 102 The financial statements of the Plan are prepared using the accrual basis of accounting. Plan member contributions are recognized in the period in which the contributions are due. The City's contributions are recognized when due and a formal commitment to provide the contributions has been made. Benefits and refunds are recognized when due and payable in accordance with the terms of the Plan. The general administration, management and investment decisions of the Plan and the responsibility for carrying out its provisions is vested in the five(5) members Board of Trustees.Administrative costs of the Plan are financed through current or prior investment earnings. The City has issued audited stand-alone financial statements for the Plan, which may be obtained from the City's Finance Department. Benefits- Normal retirement may be received upon attainment the earlier of age 55 with 10 years of credited service or upon completion of 25 years of credited service, regardless of age. For the first 40 years of service, the monthly benefit received will be 3%of final monthly compensation multiplied by the number of years of service, to a maximum of 80%. Years credited beyond 40 will be taken into account at 2% of final compensation per year. An early retirement benefit may be received upon attainment of age 45 with 10 years of credited service. The benefit may be received either on a deferred basis or an immediate basis. On an immediate basis,the benefit amount will be the normal retirement benefit reduced by 3% per year for each year by which the retirement date precedes the normal retirement date. On a deferred basis, the benefit amount will be the same as the normal retirement benefit except that the final compensation and credited service will be based upon the early retirement date. Disability Retirement - Members who become disabled due to service-incurred injuries, which arise out of performance of service with the City, will receive a monthly benefit amount equal to the member's accrued benefit but not less than 42.00% of the member's final monthly compensation as of the date of disability, offset by any other payments, such as worker's compensation. Members who become disabled due to non-service-incurred injuries, which do not arise out of performance of service with the City, and who have completed at least 10 years of service, will receive a monthly benefit amount equal to 3%of final monthly compensation for each year of credited service, but not less than 30%. Funding - Effective October 1, 2015, members were required to contribute 10.775% of the annual covered salary. During 2022, the City and State are required to contribute 28.431% of covered payroll. Consistent with the requirements of Sections 112.66 and 185.07 of the Florida Statutes, the City is required to contribute an amount necessary to maintain the Plan on an actuarially sound basis. Contribution requirements of the Plan members and the City are established and may be changed by an amendment of the City ordinance. The costs of administrating the Plan are paid out of contributions to the Plan. 54 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 13 - Defined Benefit Pension Plan (continued) Deferred Retirement Option Plan Effective October 1, 2019, a deferred retirement option plan ("DROP") was created. A member is eligible to enter the DROP on the earlier of the first day that he/she is eligible for service retirement as defined by Ordinance 2019-12, section 36-26(b)(ii) or delayed retirement as defined in section 36- 26(b)(iii) but with at least 11 years of credited service and attainment of age 57. Upon entering the DROP, a member will no longer accrue credited service or additional pension benefits and will no longer make employee contributions to the Retirement Plan. Instead, the amount of the monthly pension benefit for the benefit option selected by the member will be credited to the member's DROP account. The maximum period that a member may participate in the DROP is five years. After the maximum period of DROP participation,the member must terminate from employment as a City police officer. DROP participation must begin by the earlier of the date on which a member reaches 25 years of service or the date on which a member reaches age 57 with 11 years of service. A member may elect to enter DROP after the foregoing dates, but his/her maximum participation in the DROP will be reduced by the period of time in which the member delayed entry in the DROP after reaching either of the foregoing maximum DROP entry deadlines. The member's DROP account will be self-directed by the member to mutual funds selected by the Retirement Plan's Board of Trustees from among those offered by a vendor selected by the Board of Trustees.The available mutual funds and the vendor may be changed from time to time by the Board of Trustees. Members will be solely responsible for the gains and losses of their individual self- directed DROP accounts. Members who elect to participate in the DROP shall be required to separate from City service at the conclusion of the DROP period. A member's DROP shall be distributed to the member in a lump sum, rollover, or a combination of both, as soon as administratively practicable and not more than 90 days following the conclusion of the DROP period or approval of the distribution by the Retirement Plan Board of Trustees, whichever occurs last. Neither the City,the Retirement Plan, nor its Board of Trustees shall have any liability or responsibility to guarantee the principal and/or rate of return for a member's DROP assets. The DROP accounts, although self-directed separate accounts, will remain part of the pension trust, and distributions from a member's account shall not be permitted until termination of employment.The balance of the amounts held by the Plan pursuant to the DROP was$ 3,069,815 as of September 30,2022. Net Pension Liability The City's net pension liabilitywas measured as of September 30,2021.The total pension liability used to calculate the net pension liability was determined as of that date. Actuarial Assumptions - The total pension liability was determined by an actuarial valuation as of October 1, 2020 (and updated to September 30, 2021) using the following actuarial assumptions: Inflation 2.30% Salary Increases 5.00% Discount rate 7.25% Investment rate of return 7.25% Mortality Rate: PubS.H-2010 (Above Median) for both male and female employees, set forward and back for one year, as applicable. 55 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 13 - Defined Benefit Pension Plan (continued) The long-term expected rate of return on pension plan investments was determined using a building- block method in which best-estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class.These ranges are combined to produce the long term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the pension plan's target asset allocation are summarized in the following table: Target Long Term Expected Asset Class Allocation Real Rate of Return Domestic Equity 55.00% 5.85% International Equity 10.00% 4.71% Fixed Income 20.00% 1.47% Private Real Estate 5.00% 4.85% Hedge Funds 5.00% 1.86% MPL/Energy Infrastructure 5.00% 2.90% 100.00% Discount Rate -The projection of cash flows used to determine the Discount Rate assumed that Plan Member contributions will be made at the current contribution rate and that Sponsor contributions will be made at rates equal to the difference between actuarially determined contribution rates and the Member rate. Based on those assumptions, the Pension Plan's Fiduciary Net Position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the Long-Term Expected Rate of Return on Pension Plan investments was applied to all periods of projected benefit payments to determine the Total Pension Liability. Changes in Net Pension Liability Increase (Decrease) Total Pension Plan Fiduciary Net Pension Liability Net Pension Liability (a) (b) (a)-(b) Reporting period ending, September 30, 2021 $ 64,473,480 $ 55,578,492 $ 8,894,988 Changes for the year: Service cost 2,138,359 - 2,138,359 Interest 4,788,701 - 4,788,701 Contributions - employer - 1,881,922 (1,881,922) Contributions - state - 382,744 (382,744) Contributions - employee - 924,555 (924,555) Contributions - buy back 10,811 10,811 - Difference between actual and expected experience 1,388,353 - 1,388,353 Net investment income - 11,425,362 (11,425,362) Benefit payments, including refunds of employee contributor (1,121,573) (1,121,573) - Administrative expenses - (131,204) 131,204 Net change 7,204,651 13,372,617 (6,167,966) Prior period adjustment - (139,992) 139,992 September 30, 2022 $ 71,678,131 $ 68,811,117 $ 2,867,014 56 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 13 - Defined Benefit Pension Plan (continued) Sensitivity of the Net Pension Liability (Asset) to Changes in the Discount Rate - The following presents the net pension liability (asset) of the City, calculated using the discount rate of 7.25%, as well as what the City's net pension liability(asset)would be if it were calculated using a discount rate that is 1.00% lower or 1.00% higher than the current discount rate: 1% Decrease Discount Rate 1% Increase (6.25%) (7.25%) (8.25%) Net pension liability(asset) $ 11,969,984 $ 2,867,014 $ (4,598,026) Pension Expense and Deferred Outflows of Resources and Deferred Inflows of Resources related to Pensions For the year ended September 30, 2022 the Sponsor will recognize a pension expense of$ 1,020,018. On September 30,2022 the Sponsor reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows Inflows of Resources of Resources Differences between expected and actual experience $ 1,769,436 $ 158,801 Changes of assumptions 371,260 957,615 Net difference between projected and actual earnings on pension plan investments - 5,111,912 Pension contributions subsequent to the measurement date 2,320,926 - Totals $ 4,461,622 $ 6,228,328 The deferred outflows of resources resulting from the employer contributions to the Plan subsequent to the measurement date and prior to the employer's reporting period, in the amount of$ 2,320,926, will be recognized as a reduction of the net pension liability in the subsequent fiscal year ending September 30, 2023. Amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows: Yearended September 30, Amount 2023 $ (701,774) 2024 (837,699) 2025 (1,358,733) 2026 (1,189,426) $ (4,087,632) 57 City of Aventura, Florida Notes to Basic Financial Statements September 30, 2022 Note 14- Deficits in Fund Balance At June 30, 2022, the Aventura City of Excellence School ("ACES") Fund had a deficit fund balance of $1,584,222 and, at September 30, 2022, the American Rescue Plan Act ("ARPA") Fund had a deficit fund balance of $126,914. The City expects to fund the ACES deficit with its allocation from the Elementary and Secondary School Emergency Relief(ESSER) grant. The deficit is primarily the result of the ESSER grant reimbursement process which has been inefficient, lengthy and cumbersome as well as referendum advances to the school from the City. Subsequent to year end, the City received both ESSER grant funding and referendum settlement funding which exceed the deficit balance as of September 30, 2022. The ARPA deficit is due to interest losses on the grant funding due to poor market activity. Subsequent to year end, the City's interest earnings have rebounded and the City expects to recoup all losses and report interest earnings which exceed the deficit balance as of September 30, 2022. Note 15— Don Soffer Aventura High School Foundation On January 4, 2022, the City Commission passed Resolution 2022-07, dissolving the Don Soffer Aventura High School Foundation. At the time of dissolution there was$256,338 remaining in a bank account, which was transferred to the City. The cash will remain in a restricted account, for the benefit of the Don Soffer Aventura High School.The City will spend the funds in accordance with the mission of the Foundation. 58 (This page intentionally left blank.) REQUIRED SUPPLEMENTARY INFORMATION City of Aventura, Florida Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual- General Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Revenues: Ad valorem taxes $ 17,213,084 $ 17,213,084 $ 17,216,330 $ 3,246 Utility service and other locally levied taxes 9,105,000 9,855,000 10,252,496 397,496 Licenses and permits;including franchise fees 6,764,500 8,864,500 10,900,603 2,036,103 Intergovernmental revenues 3,282,676 5,033,676 5,195,271 161,595 Charges for services 2,880,346 3,946,346 4,146,452 200,106 Fines and forfeitures 1,782,500 2,974,320 3,306,841 332,521 Investment income(loss) 125,000 125,000 (705,795) (830,795) Miscellaneous 70,000 70,000 51,051 (18,949) Total revenues 41,223,106 48,081,926 50,363,249 2,281,323 Expenditures: General government: City commission 154,709 183,169 176,438 6,731 City manager 764,675 1,252,675 1,189,999 62,676 Legal 317,000 390,000 383,803 6,197 City clerk 380,112 380,112 336,228 43,884 Finance 1,121,069 1,201,069 1,210,670 (9,601) Information technology 1,154,235 1,154,235 1,106,965 47,270 Nondepartmental 1,545,125 2,172,125 2,123,278 48,847 Total general government 5,436,925 6,733,385 6,527,381 206,004 Public safety: Police 22,057,990 22,918,350 22,652,697 265,653 Community development 3,107,347 5,207,347 4,999,872 207,475 Total public safety 25,165,337 28,125,697 27,652,569 473,128 Community services: Community services 2,619,012 3,569,012 3,472,212 96,800 Arts and cultural center 886,788 1,136,788 1,028,580 108,208 Total community services 3,505,800 4,705,800 4,500,792 205,008 Public works: Public works 3,350,686 3,690,686 3,539,349 151,337 Total public works 3,350,686 3,690,686 3,539,349 151,337 Capital outlay 15,682,379 17,589,883 2,038,743 15,551,140 Total expenditures 53,141,127 60,845,451 44,258,834 16,586,617 Excess(deficiency)of revenues over expenditures (11,918,021) (12,763,525) 6,104,415 18,867,940 Other financing sources(uses): Transfers in 256,338 256,338 Transfers out (2,350,655) (4,329,063) (4,887,078) (558,015) Appropriated fund balance 14,268,676 17,092,588 (17,092,588) Total other financing sources(uses) 11,918,021 12,763,525 (4,630,740) (17,394,265) Net change in fund balance $ - $ - $ 1,473,675 $ 1,473,675 See notes to required supplementary information. 59 City of Aventura, Florida Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual -American Rescue Plan Act Fund - Special Revenue Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental revenues $ $ $ 1,745,049 $ 1,745,049 Investment income(loss) (124,737) (124,737) Total revenues 1,620,312 1,620,312 Expenditures: General government 124,600 144,008 (19,408) Pulic safety 24,000 - 24,000 Community services 50,000 8,893 41,107 Capital outlay 14,836,592 1,594,325 13,242,267 Total expenditures 15,035,192 1,747,226 13,287,966 Excess(deficiency)of revenues over expenditures (15,035,192) (126,914) 14,908,278 Other financing sources(uses): Appropriated fund balance 15,075,300 (15,075,300) Total other financing sources(uses) 15,075,300 (15,075,300) Net change in fund balance $ $ 40,108 $ (126,914) $ (167,022) See notes to required supplementary information. 60 City of Aventura, Florida Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual -Aventura City of Excellence School Fund -Special Revenue Fund For the Year Ended June 30, 2022 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental revenues $ 8,779,250 $ 10,552,137 $ 9,071,491 $ (1,480,646) Charges for services 690,000 690,000 269,187 (420,813) Investment income (loss) 2,000 2,000 (3,168) (5,168) Miscellaneous 407,000 407,000 579,431 172,431 Total revenues 9,878,250 11,651,137 9,916,941 (1,734,196) Expenditures: Community services 9,946,099 11,408,986 11,329,256 79,730 Capital outlay 168,500 478,500 268,245 210,255 Total expenditures 10,114,599 11,887,486 11,597,501 289,985 Excess (deficiency) of revenues over expenditures (236,349) (236,349) (1,680,560) (1,444,211) Other financing sources (uses): Transfers in 150,000 150,000 150,000 - Transfers out (444,000) (444,000) (444,000) - Appropriated fund balance 530,349 530,349 - (530,349) Total other financing sources (uses) 236,349 236,349 (294,000) (530,349) Net change in fund balance $ - $ - $ (1,974,560) $ (1,974,560) See notes to required supplementary information. 61 City of Aventura, Florida Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual - Don Soffer Aventura High School Fund - Special Revenue Fund For the Year Ended June 30, 2022 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental revenues $ 5,288,050 $ 5,288,050 $ 6,018,170 $ 730,120 Charges for services - - 26,958 26,958 Miscellaneous income - - 163,481 163,481 Total revenues 5,288,050 5,288,050 6,208,609 920,559 Expenditures: Community services 5,663,694 5,663,694 6,110,146 (446,452) Capital outlay 251,984 251,984 642,613 (390,629) Total expenditures 5,915,678 5,915,678 6,752,759 (837,081) Excess (deficiency) of revenues over expenditures (627,628) (627,628) (544,150) 83,478 Other financing sources (uses): Transfers in 627,628 627,628 2,536,423 1,908,795 Appropriated fund balance - - - - Total other financing sources (uses) 627,628 627,628 2,536,423 1,908,795 Net change in fund balance $ - $ - $ 1,992,273 $ 1,992,273 See notes to required supplementary information. 62 City of Aventura, Florida Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual -Transportation and Street Maintenance Fund - Special Revenue Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Intergovernmental revenue $ 1,991,000 $ 2,636,000 $ 3,055,905 $ 419,905 Charges for services 40,000 40,000 36,153 (3,847) Licenses, permits and impact fees - - 335,594 335,594 Investment income (loss) 3,000 3,000 (76,645) (79,645) Total revenues 2,034,000 2,679,000 3,351,007 672,007 Expenditures: Public works 2,083,244 2,428,244 2,309,275 118,969 Capital outlay 298,710 598,710 481,931 116,779 Total expenditures 2,381,954 3,026,954 2,791,206 235,748 Excess (deficiency) of revenues over expenditures (347,954) (347,954) 559,801 907,755 Other financing sources (uses): Appropriated fund balance 347,954 347,954 - (347,954) Total other financing sources (uses) 347,954 347,954 - (347,954) Net change in fund balance $ - $ - $ 559,801 $ 559,801 See notes to required supplementary information. 63 City of Aventura, Florida Notes to Budgetary Comparison Schedules September 30, 2022 Note 1- Budgets and Budgetary Accounting An annual appropriated budget is adopted for all government funds with the exception of the Federal Forfeiture Fund, the Law Enforcement Trust Fund and the Don Soffer Aventura High School Foundation Fund. All of the funds mentioned in this paragraph are Special Revenue Funds. The City follows these procedures in establishing the budgetary data reflected in the basic financial statements: a. The City Manager submits to the City Commission a proposed operating and capital budget for the ensuing fiscal year. The budget includes proposed expenditures and the means of financing them. b. Public hearings are conducted to obtain taxpayer comments. c. Prior to October 1, the budget is legally enacted through passage of an ordinance. d. Formal budgetary integration is employed as a management control device during the year for the governmental funds described above. e. The City Commission, by ordinance, may make supplemental appropriations for the year up to the amount of revenues in excess of those estimated. The City Commission made several supplemental budgetary appropriations throughout the year including approximately $ 7.7 million in the General Fund. f. Budgets for the governmental funds are adopted on a basis consistent with generally accepted accounting principles ("GAAP"). g. The City Manager is authorized to transfer part or all of an unencumbered appropriation balance within departments within a fund; however, any revisions that alter the total appropriations of any department or fund must be approved by the City Commission. The classification detail at which expenditures may not legally exceed appropriations is at the department level. h. Encumbrances lapse at fiscal year-end. Encumbrances are re-appropriated in the following year's budget. A separate budget document for the Aventura City of Excellence School Fund and the Don Soffer Aventura High School Fund is adopted by the City on May of each year, based on an annual operational fiscal year ending as of June 30th. 64 City of Aventura, Florida Required Supplementary Information Schedule of Changes in Net Pension Liability and Related Ratios (Unaudited) Police Officer's Retirement Plan Last Ten Fiscal Years (1) Reporting period ending: 9/30/2023 9/30/2022 9/30/2021 9/30/2020 9/30/2019 9/30/2018 9/30/2017 9/30/2016 9/30/2015 Measurement date: 9/30/2022 9/30/2021 9/30/2020 9/30/2019 9/30/2018 9/30/2017 9/30/2016 9/30/2015 9/30/2014 Total pension liability: Service cost $ 1,968,670 $ 2,138,359 $ 1,993,808 $ 2,107,436 $ 1,960,406 $ 1,946,501 $ 1,810,699 $ 1,896,180 $ 1,732,252 Interest 5,273,819 4,788,701 4,421,716 4,033,828 3,627,275 3,279,516 2,931,936 2,727,885 2,238,129 Changes of benefit terms - - - - 1,173,788 - - 2,797,541 - Differences between expected and actual experience 2,073,045 1,388,353 1,097,921 - (794,007) - (1,226,574) (1,326,392) - Changesofassumptions - - (1,596,026) - 1,856,302 - 1,534,188 - - Contributions-buy back - 10,811 10,039 121,590 - - - - - Benefits payments,including refunds of employee contributions (1,808,938) (1,121,573) (898,707) (699,399) (691,515) (514,739) (588,554) (394,472) (409,084) Net change in total pension liability 7,506,596 7,204,651 5,028,751 5,563,455 7,132,249 4,711,278 4,461,695 5,700,742 3,561,297 Total pension liability-beginning 71,678,131 64,473,480 59,444,729 53,881,274 46,749,025 42,037,747 37,576,052 31,875,310 28,314,013 Total pension liability-ending(a) $ 79,194,727 $ 71,678,131 $ 64,473,480 $ 59,444,729 $ 53,881,274 $ 46,749,025 $ 42,037,747 $ 37,576,052 $ 31,875,310 Plan fiduciary net position: Contributions-employer $ 1,849,234 $ 1,881,922 $ 1,603,198 $ 1,551,880 $ 1,589,440 $ 1,497,898 $ 1,302,614 $ 1,550,643 $ 1,548,543 Contributions-state 471,692 382,744 561,953 474,040 435,103 338,364 342,209 310,354 318,440 Contributions-employee 879,603 924,555 902,513 943,658 956,612 941,916 863,769 541,792 541,099 Contributions-buy back - 10,811 10,039 121,590 - - - - - Net investment income(loss) (11,446,124) 11,425,362 4,011,254 837,503 3,511,042 4,262,504 2,158,517 (614,811) 2,199,131 Benefit payments,including refunds of employee contributions (1,808,938) (1,121,573) (898,707) (699,399) (691,515) (514,739) (588,554) (394,472) (409,084) Administrative expense (150,723) (131,204) (87,902) (84,711) (71,805) (74,636) (66,033) (66,115) (55,898) Net change in plan fiduciary net position (10,205,256) 13,372,617 6,102,348 3,144,561 5,728,877 6,451,307 4,012,522 1,327,391 4,142,231 Plan fiduciary net position-beginning 68,811,117 55,578,492 49,476,144 46,331,583 40,602,706 34,151,399 30,138,877 28,811,486 24,669,255 Prior period adjustment - (139,992) - - - - - - - Plan fiduciary net position-ending(b) $ 58,605,861 $ 68,811,117 $ 55,578,492 $ 49,476,144 $ 46,331,583 $ 40,602,706 $ 34,151,399 $ 30,138,877 $ 28,811,486 Net pension liability-ending(a)-(b) $ 20,578,866 $ 2,867,014 $ 8,894,988 $ 9,968,585 $ 7,549,691 $ 6,146,319 $ 7,886,348 $ 7,437,175 $ 3,063,824 Plan fiduciary net position as a percentage of the total pension liability 74.01% 96.00% 86.20% 83.23% 85.99% 86.85% 81.24% 80.21% 90.39% Covered payroll $ 8,163,365 $ 8,580,555 $ 8,375,995 $ 8,668,447 $ 8,878,068 $ 8,741,677 $ 8,129,475 $ 8,047,155 $ 7,986,695 Net pension liability as a percentage of covered payroll 252.09% 33.41% 106.20% 115.00% 85.04% 70.31% 97.01% 92.42% 38.36% Note: (1)This schedule is intended to illustrate information for 10 years. However,until a full 10-year trend is compiled,the City of Aventura should present information for those years for which information is available. 65 City of Aventura, Florida Required Supplementary Information Schedule of Contributions (Unaudited) Police Officer's Retirement Plan Last Ten Fiscal Years Actual Fiscal Actuarially Contribution Contribution Year Ended Determined Actual Deficiency Covered as a%of September 30, Contribution Contribution (Excess) Payroll Covered Payroll 2022 $ 2,320,926 $ 2,320,926 $ - $ 8,163,365 28.43% 2021 $ 2,264,666 $ 2,264,666 $ - $ 8,580,555 26.39% 2020 $ 2,210,676 $ 2,165,151 $ 45,525 $ 8,375,995 25.85% 2019 $ 1,924,394 $ 2,025,920 $ (101,526) $ 8,668,447 23.37% 2018 $ 1,951,222 $ 2,024,543 $ (73,321) $ 8,878,068 22.80% 2017 $ 1,826,049 $ 1,836,262 $ (10,213) $ 8,741,677 21.01% 2016 $ 1,698,166 $ 1,644,823 $ 53,343 $ 8,129,475 20.23% 2015 $ 1,830,896 $ 1,860,998 $ (30,102) $ 8,047,155 23.13% 2014 $ 1,828,554 $ 1,866,983 $ (38,429) $ 7,986,695 23.38% 2013 $ 1,959,557 $ 1,959,557 $ - $ 7,810,732 25.09% 2012 $ 1,923,697 $ 1,923,697 $ - $ 7,663,687 25.10% Notes to Schedule: Valuation date 10/1/2020 Mortality rate: Healthy Active Lives: Female: PubS.H-2010(Above median)for employees,set forward one year. Male: PubS.H-2010(Above median)for employees,set forward one year. Disabled Lives: 80%PubG.H-2010 for Disabled Retirees/20%PubS.H-2010 for Disables Retirees. All rates are projected generationally with Mortality Improvement Scale MP-2018. Healthy Retiree Lives: Female: PubS.H-2010 for healthy retirees,set forward one year. Male: PubS.H (Below median)for healthy retirees,set forward one year. Interest rate: 7.25% Salary Increases: 5.00% Inflation: 2.30% Actuarial cost method: Entry age normal actuarial cost method Actuarial valuation method: 5 year smoothed market 66 City of Aventura, Florida Required Supplementary Information Schedule of Investment Returns (Unaudited) Police Officer's Retirement Plan Last Ten Fiscal Years Fiscal Annual money-weighted rate Year Ended of return, net of September 30, investment expenses 2022 (16.54) % 2021 20.55 % 2020 8.02 % 2019 1.68 % 2018 8.60 % 2017 11.97 % 2016 7.00 % 2015 (1.83) % 2014 8.87 % 2013 11.44 % 2012 16.20 % 67 City of Aventura, Florida Required Supplementary Information Schedule of Changes in Total OPEB Liability and Related Ratios Other Post-Employment Benefits (Unaudited) Last Ten Fiscal Years (1) Reporting period ending: 9/30/2022 9/30/2021 9/30/2020 9/30/2019 9/30/2018 Measurement date: 913012021 913012020 913012019 913012018 913012017 Total OPEB Liability: Service cost $ 99,574 $ 112,309 $ 109,038 $ 65,680 $ 33,459 Expected interest growth 47,421 87,298 45,557 27,175 23,363 Demographic experience 0 (636,641) 288,869 611,405 - Benefit payments and refunds (42,276) (88,651) (80,592) (72,858) (7,496) Assumption changes (80,937) 292,938 803,820 (144,961) - Net change in total OPEB liability 23,782 (232,747) 1,166,692 486,441 49,326 Total OPEB liability-beginning 2,137,378 2,370,125 1,203,433 716,992 667,666 Total OPEB liability-ending $ 2,161,160 $ 2,137,378 $ 2,370,125 $ 1,203,433 $ 716,992 Covered-employee payroll $ 16,988,435 $ 16,493,626 $ 16,008,236 $ 15,746,445 $ 12,595,559 Total OPEB liability as a percentage of covered-employee payroll 12.72% 12.96% 14.81% 7.64% 5.69% Note: (1)This schedule is intended to illustrate information for 10 years. However, until a full 10-year trend is compiled,the City of Aventura should present information for those years for which information is available. Plan Assets: No assets are accumulated in a trust,or equivalent arrangement, that meets the criteria of GASB Codification P52.101 to pay related benefits for the OPEB plan. 68 SUPPLEMENTARY INFORMATION COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS O 1.0 1.0 N �* 1.0 n Ln 00 O 1.0 L +' O1 O1 00 ci Ln 1.0 M 1.0 ci N 00 O N N M 1.0 O N N 00 11 1.0 N •£ £ 'a 0) n l0 n l0 M ci l0 Ln M l0 O Ln Ln M 0) n Ln M 1.0 Ln H r i LL O O c-I c-I n n M 00 O 0 Q N N cI N Q if) if) if) if) Cl' O1 O O 00 00 O1 CL 7 O- 7 l0 l0' O O l0' l0' l0' m O LL V O Li O O Ln Ln Ln Ln O a a 00 00 n n 00 in• in• in• in• u L H N �0 Ln LL I d n n n n n Ln Ln Ln Ln Ln N d m ++ U 00 01 00 00 00 L N d i 7 M M M M M LL LnN Q Ln LL M M M M M d if) -L} -L} -L} Ln +' y Q ++ u a N N Q N LL if} if} if} if} u_ 00 00 rIj rIj Ln Ln a a n n 00 N NLn N N N N d O d NO LL N N N N N N if} -L} -L} -L} v i O •C 0 +3+ u o Ln C Ln m 00 Q 2 O in• in• in• in• � Ln Ln Ln Ln Ln E 3 v c o 0 0 0 0 r u O n n n n n J LO Ly ci ci ci ci ci 3 LU LL if? if? if? if? d 7 O O N N M M M L W 01 N N N I � I I W W LL O LL Ln Ln Ln Ln Ln U LL d H if? if? if? 'a ci OM � M OM l0 zT 00 O Ln O Ln O1 O O1 Ln Ln Ln O1 O O I, n 1.0 n M M M n LL n n ci l0 l0 n Ln l0 ci ci ci ci u � N l0 O1 O1 O1 01O m M M m M L a° �u o 0 0 0 0 n LLLU 3 in in in in 6L v u c O c c � O V1 O N ° g a a, a,, G7 E c — o — u Il v ONO -� f6 O i N v o ai ai L G7 — Q w — -0 °>O > - °r 0 u ~ao ~o� t~ o ~ o E - (Gdi0 o a NO L ° Q ' a, E c a Q ° -0v D O E u S o " ai f6 Li •� ° c A O +' +N' � — u u a v N t 41 O O ellH v 6 � � Q Q coo v � < CJ U Z of Q J LL ci N O N O ci Ln M N O I, n l0 00 Ln I, al a) O L +' Ln 00 1.0 Ln 1.0 O M n N O M N N M Ln ci O N (Iq _ O H n n a) (Iq M N 00 Ln O ci 00 M 1.0 M Ln 0) N •£ £ 'a 0) n O cr O cr l0 Ln N 00 r- l0 00 cr N M C I, ci Ln ci N I, n 00 �* ci 1.0 0) Ln 0) M Ln N 1.0 O i LL c-I ci 00 1-0 Il Ln N N M N 00 o Q Q if? if? N _ N O n M W W Ln Ln O Ln M M O l0 n 00 Ci C Ol O O Ol 00 O• I, al n M M 1.0 1.0 N 1.0 m LL V LL Ln 00 00 M M 0) Ln a a r, in• in• ar o 0 0 0 o O N u O d a-4 m > c O N N N N N VI N Ln LL O N 00 0) 00 N O O li M Ln 00 O O N l0 O0 N v v LL 'n N N LL O M N M d L H 'AQ^ d ci ci l0 Ln l�0 l�0 l�0 •--� M i N U Ol O Ol 0 Ol Ol LA d LL ci Ln l0 l0 l0 N L/I M M M M M if? if? u ci ci O io io Ln io 1.0 ci io r, o ' O a a a a Ln Ln N .a O `3 `3 `3 N N 'i Ojj L/I O 0) (U7 chi r, 00 00 00 00 Ln O m LL 0) N ci ci •--� •--� N L O a O O Ln Ln Ln 00 W M M O i 0 0 1.0 1.0 (n 0) M M M n n N O M M M M Ln ++ u t6 Ln O N N ON Ln Ln 0 On r, r, VC L 3 N N N N Q 2 LL fC in in OD m n n n n N Ln y a) a) Ln Ln Ln Ln O C C N I N N ' N C l0 3 y ^ 00 00 m m 0 0 LL Ln Ln Ln LL if? if? O L 00 W W ci M 00 I, Ln Ln Ln 00 N U '4 Ln O Ln Ln Ln N 1.0 O LL LL LL O O O O � Ln Ln to y ci N O1 Ln Ln 0 0 r, 00 ^ 0 M W O M Lr 0) Ln Ln Ln 0 Lr O Ln LL r, 00Ln Ln 1.0 Q N in in LU O N n n o o O O O ci ci C 00 ci r, 00 00 0) 0) O 0) H M C 7 LL Ln Ln Ln M M N N 00 O uj L }L N 0D �^ aJ LL O = N v C " '6 O C •C UA L ++ G1 O v ai a ° L 3 0 W c +- *' O ai E ai ++ O > C: Q X n v 7 +T+ . •�fC }G7 cv `�°o `�v^ c �aL^r � —° aO_+cn iHvo vvi > LOiC`L iC`i °oa o v o > O> c a-,c MO ODwai -- o O _ o O u +a0�J> nUEn3 0D � O aJ a a) U CL O CL v E+aj c u vaj O p > c i C7o U >x CvvuCNNi CvvuCNNi va (J U Z LL a LLI U 0 LU O Z LL LL City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual Police Education Fund - Special Revenue Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Fines and forfeitures $ 5,500 $ 5,500 $ 5,485 $ (15) Investment income (loss) - - (215) (215) Total revenues 5,500 5,500 5,270 (230) Expenditures: Public safety 5,500 5,500 3,180 2,320 Total expenditures 5,500 5,500 3,180 2,320 Net change in fund balance $ - $ - $ 2,090 $ 2,090 71 City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual 911 Fund- Special Revenue Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Intergovernmental revenue $ 86,800 $ 86,800 $ 79,751 $ (7,049) Investment income (loss) - - (892) (892) Total revenues 86,800 86,800 78,859 (7,941) Expenditures: Public safety 97,210 97,210 59,355 37,855 Capital outlay 9,590 9,590 - 9,590 Total expenditures 106,800 106,800 59,355 47,445 Excess (deficiency) of revenues over expenditures (20,000) (20,000) 19,504 39,504 Other financing sources (uses): Appropriated fund balance 20,000 20,000 - (20,000) Total other financing sources (uses) 20,000 20,000 - (20,000) Net change in fund balance $ - $ - $ 19,504 $ 19,504 72 City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual Series 2010 & 2011 - Debt Service Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Investment income $ - $ - $ 1 $ 1 Expenditures: Debt service: Principal 915,000 915,000 915,000 - Interest 274,446 274,446 274,446 - Total expenditures 1,189,446 1,189,446 1,189,446 - Excess (deficiency) of revenues over expenditures (1,189,446) (1,189,446) (1,189,445) 1 Other financing sources (uses): Transfers in 1,189,446 1,189,446 1,189,446 - Total other financing sources (uses) 1,189,446 1,189,446 1,189,446 - Net change in fund balance $ - $ - $ 1 $ 1 73 City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual Series 2012 (A) - Debt Service Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Investment income $ - $ - $ 1 $ 1 Expenditures: Debt service: Principal 311,916 311,916 311,916 - Interest 52,053 52,053 52,053 - Total expenditures 363,969 363,969 363,969 - Excess (deficiency) of revenues over expenditures (363,969) (363,969) (363,968) 1 Other financing sources (uses): Transfers in 363,969 363,969 363,969 - Total other financing sources (uses) 363,969 363,969 363,969 - Net change in fund balance $ - $ - $ 1 $ 1 74 City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Series 2012 (B)- Debt Service Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Investment income $ - $ - $ - $ - Total revenues - - - - Expenditures: Debt service: Principal 348,084 348,084 348,084 - Interest 58,698 58,698 58,698 - Total expenditures 406,782 406,782 406,782 - Excess (deficiency) of revenues over expenditures (406,782) (406,782) (406,782) - Other financing sources (uses): Transfers in 406,782 406,782 444,000 37,218 Total other financing sources (uses) 406,782 406,782 444,000 37,218 Net change in fund balance $ - $ - $ 37,218 $ 37,218 75 City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual Series 2018- Debt Service Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: $ - $ - $ - $ - Expenditures: Debt service: Principal 270,000 270,000 270,000 - Interest 227,240 227,240 227,240 - Total expenditures 497,240 497,240 497,240 - Excess (deficiency) of revenues over expenditures (497,240) (497,240) (497,240) - Other financing sources (uses): Transfers in 497,240 497,240 497,240 - Total other financing sources (uses) 497,240 497,240 497,240 - Net change in fund balance $ - $ - $ - $ - 76 City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Projects Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Licenses, permits and impact fees $ - $ - $ 57,760 $ 57,760 Investment income (loss) - - (9,847) (9,847) Total revenues - - 47,913 47,913 Expenditures: Capital outlay 870,907 870,907 83,948 786,959 Total expenditures 870,907 870,907 83,948 786,959 Excess (deficiency) of revenues over expenditures (870,907) (870,907) (36,035) 834,872 Other financing sources (uses): Appropriated fund balance 870,907 870,907 - (870,907) Total other financing sources (uses) 870,907 870,907 - (870,907) Net change in fund balances $ - $ - $ (36,035) $ (36,035) 77 City of Aventura, Florida Schedule of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual Aventura Charter High School Construction Fund - Capital Projects Fund For the Year Ended September 30, 2022 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Intergovernmental revenues $ - $ - $ 500,000 $ 500,000 Total revenues - - 500,000 500,000 Expenditures: - - - - Total expenditures - - - - Excess (deficiency) of revenues over expenditures - - 500,000 500,000 Net change in fund balances $ - $ - $ 500,000 $ 500,000 78 STATISTICAL SECTION STATISTICAL SECTION This part of the City of Aventura's annual comprehensive financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, required supplementary information, and supplementary information says about the City's overall financial health. Contents Page Financial Trends 79-85 These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. Revenue Capacity 86-89 These schedules contain information to help the reader assess the City's most significant local revenue source, the property tax. Debt Capacity 90-93 These schedules contain information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Demographic and Economic Information 94-95 These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. Operating Information 96-98 These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs. Sources: Unless otherwise noted, the information in these schedules is derived from the annual comprehensive financial reports for the relevant years. 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ly'7 V 17 Ol Dl W In W W m c-I c-I , Ol c-I O N N00 C L} L} L} L} W W In m V V V W lD n lD lD W W V In lD 1l n n lD lD m N c-I c-I D7 In n n m N V to O 17 O W W 17 O O N m lD N N 17 rl N O W m m m lD Ol W m c-I lD lD 1l p 1l lD O c-I In Ol Ol m N lD In W N N O N lzz N c-I oolD lD lD m W W N N c-I Dl Dl c-I In �--�oo In lD lD oo W Ol L} L} L} L} lD In Z1, Z1, Ol lD lD In m m O W a W W N N m c-I m O m m V Ol m lD Ol W In In V V m m W 17 lD lD In 17 N --� O In In O rl O W rl V O In In lD D7 m c-i W N 1l n O p V n N O In O O In lD mZ1, N In In m N ll cy 17 Ol ll W W r-t ll lD W V N W W �--� In c-i lD In lD Z1, O L} L} L} L} Ol m 0 rn ti O O ti rn rn ti n lD ti ti n W m c-I O V In Ol N Z1, Ol lD N N W M lD W V lD In O O In lD In W 17 O 17 17 17 rl lD lD lD lD lD N N W lD Z1, m m Dl lD lD In O c-I n O 1l n n n n O N N N Z1, Z1, 1l N ti n C D7 W W W N rl ll n O W W W In Ol lD c-I N In In In L} L} L} L} Mo r N N N N N N N N 'a y •> an an •> N O O u O �L O f0 f0 N O f0 C +� U _O i V N :9 v 'Z D 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N O O D1 V 0 oo lD 1l D1 n W W oo lD rV D1 0 N m oc m lD ll ll N O 17 oo N O N n m n D1 V m of rl m m ti m m N oo V c-I N Ol oo oo N c-I m Ol Ol N Ol r, N In n m cy 0 N m V lD m m O 0 In In rnof c- ti vlD llllofLrof m I o o v lDof rl: lD lD 0 1l In c lD oo N D7 n m O 0 m m lD lD N m rV c-I In m 0 m Ol m In lD In c-I c-I lD oo m V N lD Op In V N m In 17 lD W N oon rl Ol rV Ln c-I to to c-I m m ti m m m m o m oo lD v m In c-I 0 1l n n n 0 1l N 1l In Ol Ol In Ol O N Z1, Ol Ol O oo 1l In rl rl rn m v In of c- rn rn In In In c- v lD lD Z1, c-I W Ol m N rl c-I lD lD c-I W W lD rl oo In In Ol c-I Ol N oo N m m c-I In N O �--� m N lD 1- rl:, rl:, m N lf1 N rl Ol(V lD c-I c-I m m ti m m N Ol c-1 In v N rl Z1, m 0 In 0 D7 D7 V m o m c-I In N Ol rl cy Ol oo lD V O V V Ol m c-I N D7 D7 oc O lD 1l 17 V c-I In lD O V V O 1l to N oo D7 to In n N N O 0 oo lD 0 lD lD m lD D7 rl14 c-I NZ1, In m V In N Ol O O 0 In N tD N Op rl O In lD c-I lD rl cy c-I D7 c-I c-I O c-I v c-I lD oo N lD c-I In In v m m ti 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oo 1� W V1 Lnm Ln1l m O Ol In lf1 1� lD 17 oc to lD lD N c-I In ": N rl Op lD c-I m Dl 1 rl Dl m oo m m In co N Ln 1l to N Ol m Op lD 1l Op m oo oo W 0 V1 lD N O O 1� D1 N 1� to a N , N 1l N In c-I O 0 lD lD N N c-I m m f0 v T aJ y In of v v of o o m lD lD v m m o � oJ lD N rnrn ,� v N ti 0 o m m m m v min of o V 0 In N oc V n n n 17 n V V c-I N lD In o enn to N 0 c-I m oo In In 1l m N N lD lD N m O 14 oo In N m In lD Ol c-I c-I lD N V o _ oc op O In op N lD In O O c-i ti t N Mo N N rl N Ln N N N N to v N L} L} L} L} L} L} U i O O N Y+� U O y i U w :° LL O Q N c v v N o a 0 4- v v ° ° a ° E v ° ^ v v T i - E E a c a yaj j a > ^aj aj E :° •� £ E - £ E Z U aj u ° m ° x N v ° ° o ° m a°i a u ° ° u O H ^ N x — fl- v aj aj m :° aj aJ ° ° -D by• D ° m Q '� m Q w 0) O fC x a aJ m > °- u w i D o ^ m •l Q E v o m aJ m > o :° aJ m > w N LL m LLI y v y' O bA N aJ N N vOi > v w N C w O fUb aT+ N v O T o by N aJ T O bop Q 41 O 3 cC ' E ~ > £ o o 5 £ r N >° N £ z E ~ aF C O vl i •• a T N u bA O u — f0 aJ bA N aJ C C vl .. aJ a a aJ O H ++ i > v ° m > x > a > a a m v a ° v ° a A fC ++ O U o v o F Q ° LL v E a �� o D z ++ s H O v c� co � � z m - ac� m CJUJ �v..Q z c7 u City of Aventura, Florida Governmental Activities Tax Revenues by Source Last Ten Fiscal Years (Accrual Basis of Accounting) Tax Utility Fiscal Roll Ad Valorem Service Franchise Year Year Taxes Taxes Fees Total 2013 2012 $ 12,080,224 $ 7,551,899 $ 2,823,490 $ 22,455,613 2014 2013 12,791,444 7,933,535 2,289,721 23,014,700 2015 2014 13,977,630 7,872,483 2,294,667 24,144,780 2016 2015 15,008,874 7,720,496 2,365,853 25,095,223 2017 2016 16,349,089 7,655,803 1,979,437 25,984,329 2018 2017 16,747,025 8,052,694 2,544,772 27,344,491 2019 2018 17,051,593 9,158,398 2,399,456 28,609,447 2020 2019 17,557,171 9,435,432 2,201,619 29,194,222 2021 2020 17,346,855 9,604,135 4,381,329 31,332,319 2022 2021 17,216,330 10,139,401 5,138,500 32,494,231 82 N V V V V O o m Ol V O m lD lD m m 1l rl In O m C lD O m ' m 1l m O N z N c-I N O m 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N 0) X >' n O m 00 r-I r-I N 00 O O o °; a mzt t 00 m m M m M .--I -zt U - H p H -j m ztzt lD Ozt 00 Ln N O x o d N M I Lr1 n n n 00 00 00 F m O Q �"I c-I �"I c-I �"I c-I �"I c-I �"I c-I t/)- O LL N C 3 O T O u U = v 0 O 3 O i N M Ln lD 00 01 O r-I U m u L m I n p M r-I r-I r-I r-I r-I r-I r-I r-I N N O J `^ _O N H ot w O O O O O O O O O O m N L N N N N N N N N N N - LL i J } g 3 +' X U a v > ~ LL f6 >- M -zt Ln �D n 00 m O rI N o z Q Za r-I r-I r-I r-I r-I r-I r-I N N N � y 0 O O O O O O O O O O O Q O H CJ d J City of Aventura, Florida Ratios of Outstanding Debt by Type Last Ten Fiscal Years Business-Type Governmental Activities Activities General Total Percentage Per Fiscal Obligation Revenue Line of Outstanding Primary of Personal Capita Year Bonds Bonds Credit Bonds Government Income (1) (1) 2013 $ - 27,215,000 $ - $ - $ 27,215,000 1.79% $ 721.40 2014 - 25,540,000 - - 25,540,000 1.64% 685.42 2015 - 23,805,000 - - 23,805,000 * 635.26 2016 - 22,015,000 - - 22,015,000 * 585.33 2017 - 20,165,000 - - 20,165,000 * 534.97 2018 - 25,335,000 - - 25,335,000 * 672.12 2019 - 23,215,000 - - 23,215,000 * 614.32 2020 - 20,510,000 - - 20,510,000 * 539.30 2021 - 18,725,000 - - 18,725,000 * 463.82 2022 16,880,000 - - 16,880,000 * 419.46 Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements. (1) See the Schedule of Demographic and Economic Statistics for personal income and population data. * Information not available. 90 City of Aventura, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years Less: Ratio Amounts of Net Net Available Assessed Bonded Bonded Gross in Debt Net Value of Debt to Debt Fiscal Bonded Service Bonded Taxable Assessed Per Year Debt Funds Debt Property Value Capita(1) 2013 $ 27,215,000 $ 311,384 $ 26,903,616 $ 7,501,239,017 0.36% $ 713.15 2014 25,540,000 337,770 25,202,230 7,786,432,398 0.32% 676.35 2015 23,805,000 353,377 23,451,623 8,394,311,130 0.28% 625.83 2016 22,015,000 380,498 21,634,502 9,094,962,102 0.24% 575.22 2017 20,165,000 408,361 19,756,639 9,901,694,244 0.20% 524.13 2018 25,335,000 478,742 24,856,258 10,098,997,863 0.25% 659.42 2019 23,215,000 536,587 22,678,413 10,365,840,176 0.22% 600.12 2020 20,510,000 258,892 20,251,108 10,740,186,632 0.19% 532.49 2021 18,725,000 297,898 18,427,102 10,550,216,874 0.17% 456.44 2022 16,880,000 335,118 16,544,882 10,451,356,658 0.16% 411.13 Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements. (1) See the Schedule of Demographic and Economic Statistics for population data. 91 City of Aventura, Florida Direct and Overlapping Governmental Activity Debt September 30, 2022 Estimated Percentage Applicable Estimated to City of Share of Debt Aventura Overlapping Jurisdiction Outstanding (1) Debt Overlapping debt: Miami-Dade Board of County Commissioners (2) $ 4,909,722,883 2.900% $ 142,381,964 Miami-Dade County School Board (2) 2,988,205,000 2.900% 86,657,945 Subtotal overlapping debt 7,897,927,883 229,039,909 Direct debt: City of Aventura 16,880,000 100.000% 16,880,000 Subtotal direct debt 16,880,000 16,880,000 Total direct and overlapping debt $ 7,914,807,883 $ 245,919,909 Notes: (1) The percentage of the overlap is calculated as follows: Overlapping portion of the government's revenue base (City of Aventura) Total revenue base of the overlapping government (Miami-Dade County) Assessed value of taxable property is the base used in the above calculation. (2) Source: Miami-Dade County & Miami-Dade County Public Schools, Finance Department. 92 to to O Ln � N lc lD O lD lc m N m m In m Ol N ti ti m ti V p vi Ln c-i vi to N O O Ln V O cn 0 ti ti O O O O O O O 14 W W� N N W W ti ti m m o � � o O W W 0 N ti ti O O O N a n n O O /} /} > G of of o Q u O O O N 2 01Zil a O O a O rl oW oo N O f In ma Gj c D N N O O 11 O O N > c-I c-I V O- i+ N lD lD OR w aJ •� +"' N O W 0 C aJ -O O- O O aJ > O ^ - N O a+ £ O_ O O W W m f0 ro O O ro O x a N Ol Ol V y u -O O O V o Q OO_ ro U c-i c-i O y aj fa aj D •— -O 4 4 f0 c — aj N N C f0 -o aJ O 0 aJ 0 > aJ o -6 -6 N Ol Ol 0 N p N E N aJ M N o N v o O � o rn O O fa aJ O to vi N a to Ol Ol J Q Gj m Q F -W U F O O o ti ti O N N O O O N 0 0 O O m m o r ti O r ti O Ln c c N cy) cy) m m of of �n �n a a o N N O V O m m N O W W n n n n O 0 0 O 17 1 O en m m N O O _ _O _ i LL O fC fC dA } GjGj £ 4j (a u u — 0 a H Q C Q a LL m o Q 41 O v E v a, to O H £ v a, v fC - -O C aJ aJ � mo coif m £ m m � , U J J o v a 0 F Q o O a F J City of Aventura, Florida Demographic and Economic Statistics Last Ten Fiscal Years Personal Income Per Capita (Amounts Personal Unemployment Fiscal Population Expressed in Income Rate Year (1) Thousands) (2) (3) 2013 37,725 $ 1,516,695 $ 40,204 6.0% 2014 37,262 1,560,644 41,883 5.4% 2015 37,473 * * 5.8% 2016 37,611 * * 5.5% 2017 37,694 * * 4.3% 2018 37,694 * * 3.4% 2019 37,790 * * 2.5% 2020 38,031 * * 7.0% 2021 40,371 * * 5.3% 2022 40,242 2,268,079 56,361 0.9% Data sources: (1) Years are as of April 1 of each year per the University of Florida Bureau of Economics & Business Research. (2) Represents income per capita for Miami-Dade County as provided by the U.S. Department of Commerce, Bureau of Economic Analysis. (3) Florida Department of Labor, Bureau of Labor Market Information. * Information not available. 94 City of Aventura, Florida Occupational Employment by Group- Miami-Dade County, Florida Current Year and Nine Years Ago 2022 2013 Percentage Percentage of Total of Total Occupational Groups SOC Code Employees Rank Employment Employees Rank Employment Office and administrative support 43-0000 377,530 1 15.42% 197,250 1 19.72% Sales and related 41-0000 288,540 2 11.79% 142,470 2 14.26% Transportation and material moving 53-0000 213,470 3 8.72% 70,560 4 7.06% Food preparation and serving related 35-0000 208,490 4 8.52% 93,050 3 9.31% Healthcare practitioners and technical 29-0000 161,780 6 6.61% 63,640 5 6.37% Business and financial operations 13-0000 165,880 5 6.78% 53,330 6 5.34% Management 11-0000 153,250 7 6.26% 32,520 12 3.25% Education,training and library 25-0000 109,740 8 4.48% 51,200 7 5.12% Installation,maintenance and repair 49-0000 106,570 9 4.35% 36,710 9 3.67% Construction and extraction 47-0000 94,980 10 3.88% 22,710 15 2.27% Building and grounds cleaning and 0.00% maintenance 37-0000 83,730 12 3.42% 32,730 11 3.27% Protective service 33-0000 87,780 11 3.59% 36,810 8 3.68% Healthcare support 31-0000 77,540 13 3.17% 25,420 14 2.54% Production 51-0000 73,830 14 3.02% 34,470 10 3.45% Computer and mathematical 15-0000 53,730 15 2.20% 17,170 16 1.72% Personal care and service 39-0000 50,830 16 2.08% 30,040 13 3.01% Legal 23-0000 39,330 17 1.61% 15,080 17 1.51% Community and social service 21-0000 30,320 19 1.24% 12,130 19 1.21% Arts,design,entertainment,sports 0.00% and media 27-0000 33,560 18 1.37% 14,410 18 1.44% Architecture and engineering 17-0000 24,510 20 1.00% 9,960 20 1.00% Life,physical and social science 19-0000 12,400 21 0.51% 4,010 21 0.40% Farming,fishing and forestry 45-0000 - 0.00% 3,720 22 0.37% Total 2,447,790 100.00% 999,390 100.00% Source: Represents Metropolitan and Nonmetropolitan Area Occupational Employment for the entire Miami-Miami Beach-Kendall, Florida Metropolitan Division as provided by the U.S. Department of Labor, Bureau of Labor Statistics as of May 2020. 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COMPLIANCE SECTION Keefe 5(D McCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS To the Honorable Mayor and Members of the City Commission City of Aventura, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Aventura, Florida (the "City"), as of and for the year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated May 19, 2023. Our report includes a reference to other auditors who audited the financial statements of the City of Aventura Police Officers' Retirement Plan Pension Trust Fund, as described in our report on the City's financial statements. This report does not include the results of the other auditor's testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 vv®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 99 BEST PLACES TO WORK City of Aventura, Florida Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement,we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. V - n w KEEFE McCULLOUGH Fort Lauderdale, Florida May 19, 2023 100 Keefe 5(D McCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Honorable Mayor and Members of the City Commission City of Aventura, Florida Report on Compliance for Each Major Federal Program Opinion on Each Major Federal Program We have audited the City of Aventura, Florida's (the "City") compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major federal programs for the year ended September 30, 2022. The City's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2022. Basis for Opinion on Each Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor's Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City's compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City's federal programs. SOUTH FLORIDA BUSINESS JOURNAL KMCcpaxorn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 vv®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 101 BEST PLACES TO WORK City of Aventura, Florida Auditor's Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City's compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the requirements of each major federal program as a whole. In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City's compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • Obtain an understanding of the City's internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. 102 City of Aventura, Florida Our consideration of internal control over compliance was for the limited purpose described in the Auditor's Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. KEEFE McCULLOUGH Fort Lauderdale, Florida May 19, 2023 103 ai % 3 y2 $ EQ E\ \ a 0) 7 a a a w ® a 3 ®§ / yQ ƒ@ & 3 E eerl rl < m r14 2 e + x LU � ai 0� E -1 � / / k , \ \ \ \ § _ _ § u n R n � e 2 / y S = < ( 2 tw /} E 3\ \ / _ 2 j \ \ \ @ \ \ \ ƒ # x e y e a 2 e _I_- u ul \ 2 E 0 % \ � C Ln CA C ° 2 2 U o J N m \ § / / 2 § B _ 2 E 5 # « 7 ® o 0 _ - g 0 7 2 � _ { / u k { \ 2 - E u % a E LL 0) _ \ z \ G 4— C2 \ E E % 3 \ % e % CA § % » > % 2 2 / 0 2 \ § E _ / G G = . c = % % c @ u 7 e 0 e § § m o = C m & _ . e o = m = u 2 § & � = 2 ° k = 3 / p / p a ® 3 3 s i c $ _ _ / % 2 \ @ % \ / CL �2 m E 2 \ E \ j U \ / _ U/ / LLI m % s o _ m k LLI 7 § } \ § g$ \ ai ƒ # \ / ƒ ( ■ o � ■ � E Ln aj c » ate % \ Ln ■ « = A { J / A tA z G '0 tA 3 « « ` 0241 7 _ � ¥ � ¥ 2 0 f City of Aventura, Florida Notes to Schedule of Expenditures of Federal Awards September 30, 2022 Note 1- Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards(the "Schedule") includes the federal grant activity of the City of Aventura, Florida (the "City"). The information in the Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR)Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position, or cash flows of the City. Note 2- Summary of Significant Accounting Policies Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, as well as other applicable provisions of contracts and grant agreements, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Note 3- Indirect Cost Rate The City elected not to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance. Note 4- Contingency The grant and contract revenue received is subject to audit and adjustment. If any expenditures or expenses are disallowed by the grantor agencies as a result of such an audit, any claim for reimbursement to the grantor/contract agencies would become a liability of the City. In the opinion of management,all grant and contract expenditures are in compliance with the terms and conditions of the agreements and applicable federal/state laws and other applicable regulations. 105 City of Aventura, Florida Schedule of Findings and Questioned Costs For the Year Ended September 30, 2022 SECTION I - SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued: Unmodified Opinion Internal control over financial reporting: Material weakness(es) identified? yes X no Significant deficiency(ies) identified? yes X none reported Noncompliance material to financial statements noted? yes X no Federal Awards Internal control over major federal programs: Material weakness(es) identified? yes X no Significant deficiency(ies) identified? yes X none reported Type of auditor's report issued on compliance for major federal programs: Unmodified Opinion Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? yes X no Identification of major federal program: CFDA No. Federal Program or Cluster 84.425D U.S. Department of Education Elementary and Secondary School Emergency Relief (ESSER II) 21.027 U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Dollar threshold used to distinguish between Type A and Type B programs: $ 750,000 Auditee qualified as low-risk auditee? X yes no SECTION II - FINANCIAL STATEMENT FINDINGS None Reported. SECTION III - FEDERAL AWARDS FINDINGS AND QUESTIONED COSTS None Reported. SECTION IV- PRIOR YEAR AUDIT FINDINGS None Reported. 106 Keefe 5(D McCullough CPA's+Trusted Advisors MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Honorable Mayor and Members of the City Commission City of Aventura, Florida Report on the Financial Statements We have audited the basic financial statements of City of Aventura, Florida (the "City"), as of and for the fiscal year ended September 30, 2022, and have issued our report thereon dated May 19, 2023. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards(Uniform Guidance); and Chapter 10.550, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards, Independent Auditor's Report on Compliance for Each Major Federal Program and on Internal Control over Compliance Required by the Uniform Guidance; Schedule of Findings and Questioned Costs; and Independent Accountant's Report on an examination conducted in accordance with AICPA Professional Standards, AT-C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports and schedule, which are dated May 19, 2023, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.554(1)(i)1., Rules of the Auditor General,requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no findings or recommendations made in the preceding annual financial audit report. Official Title and Legal Authority Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. This information is disclosed in the notes to the financial statements, Note 1. SOUTH FLORIDA BUSINESS JOURNAL KM(.cpa...wIIII, I UJJU IN FCUCI dL I Ivey,4LII FLUUI, FUI L LdUUCIUdLC, FL 33308 Pnone:954.771.0896 rax:954.938.9353 �v®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 107 BEST PLACES TO WORK City of Aventura, Florida Financial Condition and Management Sections 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether or not the City has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific conditions) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.554(1)(i)5.b. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures for the City. It is management's responsibility to monitor the City's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Section 10.554(1)(i)2., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Additional Matters Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but warrants the attention of those charged with governance. In connection with our audit, we did not note any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives,the Florida Auditor General,Federal and other granting agencies, Members of the City Commission, and applicable management, and is not intended to be and should not be used by anyone other than these specified parties. V?,+- I/lc,C &* KEEFE McCULLOUGH Fort Lauderdale, Florida May 19, 2023 108 INDEPENDENT ACCOUNTANT'S REPORT ON COMPLIANCE WITH SECTION 218.415, FLORIDA STATUTES To the Honorable Mayor and Members of the City Commission City of Aventura, Florida We have examined the City of Aventura, Florida, (the "City") compliance with the requirements of Section 218.415 Florida Statutes, Local Government Investment Policies, during the year ended September 30, 2022. Management is responsible for the City's compliance with the specified requirements. Our responsibility is to express an opinion on the City's compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the City's compliance with specified requirements. In our opinion, the City complied, in all material respects,with the aforementioned requirements for the year ended September 30, 2022. This report is intended solely for the information and use of management, Members of the City Commission, and the State of Florida Auditor General and is not intended to be and should not be used by anyone other than these specified parties. V,�+-W&4 KEEFE McCULLOUGH Fort Lauderdale, Florida May 19, 2023 SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 W, Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 109 BEST PLACES TO WORK Avt O � 9s ti� FLOC � q 19200 West Country Club Drive Aventura, Florida 33180 Phone: 305-466-8920 Fax: 305-466-8939 cityofaventura.com CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager `R) DATE: June 2, 2023 SUBJECT: Municipal Lease-to-Own Agreement for Police Vehicles June 6, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the following Motion allowing the City Manager to execute a 5-Year Lease Agreement with First Capital Equipment Leasing Corp., for the purchase of 6 administrative vehicles for the Police Department. "Motion authorizing the appropriation of $54,627.91 annually for 5 years from the City's Budget to purchase 6 Police Department Vehicles in accordance with the City Manager's Memorandum". If you have any questions, please feel free to contact me. RJW/bp Attachment CCO2081-55 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Michael Bentolila, Chief of Police cod&,Irtollfa DATE: June 2nd 2023 SUBJECT: 5-Year Lease Agreement for Police Vehicles I am requesting approval to enter into a 5-year municipal lease-to-own agreement with First Capital Equipment Leasing Corp. to purchase 6 Administrative Police Department Vehicles: The annual lease cost for 6 vehicles: $54,627.91 The total 5-year lease cost for 6 vehicles: $235,750.00 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Application by Aventura 2999 LLC for Amendment to the Text of the City of Aventura Comprehensive Plan to Revise Policy 2.2, Town Center Land Use Category of the Future Land Use Element City Case File CPA2305-0001 June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the amendment to Policy 2.2 of the Future Land Use Element of the City of Aventura (the "City") Comprehensive Plan as described below. THE REQUEST The applicant, Aventura 2999 LLC, is requesting an amendment to Policy 2.2 of the Future Land Use Element of the City's Comprehensive Plan to permit residential uses with a maximum residential density of 70 units per acre in the Town Center designated lands as specifically provided in the Land Development Regulations (the "LDRs"). The applicant's Letter of Intent is attached as Exhibit#1 of this report. BACKGROUND Although a text amendment to the City's Comprehensive Plan is not property specific, the proposed amendment will facilitate the development of the property lying south of Lehman Causeway and to the northeast of the intersection of NE 29 Avenue and NE 191 Street. The applicant has proposed infill development where a 121,265 SF office building currently exist. A mixed-use project with additional residential and retail within the 4.29 acres of land is proposed. A rendering of the development is attached as Exhibit #2 of this staff report. The amendment requested by the applicant is to allow residential uses in the Town Center future land use category with a maximum residential density of 70 dwelling units per acre, in the Town Center designated properties. The Town Center land use category in the in the Future Land Use Element of the City's Comprehensive Plan currently allows a maximum residential density of 25 dwelling units per gross acre. Approval of an amendment to the Town Center land use category is required to allow the proposed mixed-use development. The development proposal will also require an application for approval of a zoning amendment to the TC1, Town Center District, in the City's Land Development Regulations to allow increased density. The applicant has submitted an LDR amendment application, which is the subject of a separate staff report and ordinance on the June 6 Local Planning Agency and City Commission meetings. If the proposed amendment to the Comprehensive Plan and Land Development Regulations is approved, the next step in the development process will be review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment is to Policy 2.2 of the Future Land Use Element of the Comprehensive Plan as follows': FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.2 ' Underlined text indicates insertions. Stricken-through text indicates deletions. 2 The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land use categories: Town Center Town Centers are encouraged to become hubs for future urban development in Aventura, around which a more compact and efficient urban structure will evolve. Town Centers are not intended to be Regional Activity Centers, but instead are intended to serve the City's existing and future residents and businesses. Town Centers are intended to be design-unified areas which will contain a mixture of different urban functions integrated both horizontally and vertically. Town Centers shall be characterized by physical cohesiveness, direct accessibility by mass transit service, and high-quality urban design. The development of each Town Center will be managed through the creation of a thematic plan, which shall outline its major characteristics and specify the design and regulatory tools necessary to achieve those characteristics. The implementation Town Centers may be directed through the establishment of zoning and other land use regulations unique to each zone. Town Centers designed to encourage convenient, internal pedestrian circulation to provide more efficient land use than recent suburban development forms, and to create identifiable centers of activity. They shall be designed to create and identify a distinctive sense of place through unity of design and distinctively urban architectural character of new development and redevelopment. Because some Town Centers are proposed to evolve from existing non-residential areas, the proportion of land given to residential uses will vary over time. However, any area designated as a Town Center should have the capability of being developed or redeveloped with an ultimate residential population of no less than approximately 1,000 persons, and a combined density of 13 dwelling units and 50,000 square feet of nonresidential use per acre. Within Town Centers, a maximum floor area ratio of 2.0 and a maximum residential density of 2-5 70 dwelling units per gross acre shall be allowed. ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the text of the Comprehensive Plan may be amended by application of any person, board, agency or their authorized representative. The application has been submitted by the proposed developer in accordance with that section. This amendment, if approved,will facilitate the infill of 4.285 acres of property in the center of the City. The applicant's attached Letter of Intent describes the consistency of its requests with the goals and objectives of the City's Comprehensive Plan. Notice of the proposed amendment has been published in accordance with Section 31- 53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City Commission, a copy of the ordinance will be transmitted for comment to the review agencies listed in Section 163.3184 of the Florida Statutes. That legislation provides that comments are to be provided within 30 days of receipt. Staff will present the ordinance to the City Commission for second reading once comments are received and addressed. 3 ' EXHIBIT#1 BERCOW RADELL FERNANDEZ May 15, 2023 LARKIN +- TAPANES 94NKI.LANEmow° VIA ELECTRONIC MAIL l 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami, FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent—Zoning Applications for the Property located mmarreroiPbrconinglaw.com at 2999 NE 191st Street, Aventura, Florida Dear Mr. Klopp: Our law firm represents Aventura 2999, LLC ("the Applicant"), the owner of the properties located 2999 NE 191st Street (collectively the "Property") in the City of Aventura (the "City"). This letter shall serve as the Applicant's letter of intent in connection of the application for Administrative Site Plan approval for redevelopment of the Property. Property Description. The Property identified by Miami Dade County Property Appraiser Folio Nos. 28-1235-004-0091 and 28-2203-021-0020. The Property is approximately 4.285 acres in size and is designated as Town Center in the City's comprehensive plan. The zoning on the Property is TC1. Currently, the Property is developed with an office building with ground floor retail, and surface parking. Proposed Development. The Applicant proposes to redevelop the Property with a 23 story, 295-unit residential project west of the existing office building. The unit breakdown will include 255 standard residential units and 40 "Hero Housing" units, with a mix of efficiencies, as well as one, two- and three-bedroom units. Additionally,the project will include a 10-story structure with 963 parking spaces and over 12,000 square feet of ground floor retail space. Mr. Keven Klopp Community Development Director Page 2 Application Requests.The Applicant recognizes that the approval of this site plan will also require some legislation to be considered and approved by the City, and looks forward to working with the City on that process while the administrative site plan review is ongoing. The complete summary of requests is as follows: • Amendment to the City's Comprehensive Plan to permit up to 70 dwelling units per acre in the Town Center land use designation. • Amendment to the City's Land Development Regulations for TC1 to permit up to 70 dwelling units per acre with Conditional Use Approval as follows: 31-145(a) Purpose. The purpose and intent of these districts is to provide suitable sites for the development of residential and commercial uses in a well planned and compatible manner. The uses within these districts shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residential densities shall not exceed 2-5-70 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. Section 31-145(b)(1) C. Residential uses with ground floor retail or restaurant uses. Section 31-145(b)(3) q Residential uses that exceed 25 dwelling units per acre but not to exceed 70 dwelling units per acre, with the provision of "Hero Housing" at an amount to be approved by the City Commission. • Conditional Use Approval to obtain additional the requested density of 70 dwelling units per acre and additional height of 23 stories • Modification to the approvals Administrative Site Plan Approval Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 305.377,6222 fax I mmarrero@brzoninglaw com Mr. Keven Klopp Community Development Director Page 3 For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238 Sincerely, �2 Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com I �r 4-jrP y- fc Foo w liollit p- p w �.P •fill lil��Il�ll�l>>I�liil� 10 f L 7 ' � r •1� 1 1 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.2, OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO ALLOW DENSITIES NOT TO EXCEED 70 DWELLING UNITS PER ACRE IN THE TOWN CENTER LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Economic Opportunity of the State of Florida found the City of Aventura Comprehensive Plan (the "Plan") in Compliance in August 2022; and WHEREAS, the Applicant, Aventura 2999 LLC, has requested from the City of Aventura (the "City") through Application No. CPA2305-0001, to amend Policy 2.2, Objective 2, of the Land Use Goal in the Future Land Use Element of the Plan, to increase the residential density of the Town Center land use category not to exceed 70 dwelling units per acre; and WHEREAS, the Applicant, through Application No. LDR2305-0001, has made concurrent application to the City to amend Section 31-145(b) of the City's Land Development Regulations to allow increased density to implement the above described amendment to the Plan, which application is contingent upon the plan amendment transmitted becoming effective; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. City of Aventura Ordinance No. 2023- Section 2. Amendment to the Comprehensive Plan. That Objective 2, Policy 2.2 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows': FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.2 The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land use categories: Town Center Town Centers are encouraged to become hubs for future urban development in Aventura, around which a more compact and efficient urban structure will evolve. Town Centers are not intended to be Regional Activity Centers, but instead are intended to serve the City's existing and future residents and businesses. Town Centers are intended to be design- unified areas which will contain a mixture of different urban functions integrated both horizontally and vertically. Town Centers shall be characterized by physical cohesiveness, direct accessibility by mass transit service, and high-quality urban design. The development of each Town Center will be managed through the creation of a thematic plan, which shall outline its major characteristics and specify the design and regulatory tools necessary to achieve those characteristics. The implementation Town Centers may be directed through the establishment of zoning and other land use regulations unique to Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 5 City of Aventura Ordinance No. 2023- each zone. Town Centers designed to encourage convenient, internal pedestrian circulation to provide more efficient land use than recent suburban development forms, and to create identifiable centers of activity. They shall be designed to create and identify a distinctive sense of place through unity of design and distinctively urban architectural character of new development and redevelopment. Because some Town Centers are proposed to evolve from existing non-residential areas, the proportion of land given to residential uses will vary over time. However, any area designated as a Town Center should have the capability of being developed or redeveloped with an ultimate residential population of no less than approximately 1,000 persons, and a combined density of 13 dwelling units and 50,000 square feet of nonresidential use per acre. Within Town Centers, a maximum floor area ratio of 2.0 and a maximum residential density of 25 70 dwelling units per gross acre shall be allowed. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 5. Transmittal. That the City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity and to all review agencies required by Section 163.3184 of the Florida Statutes. Section 6. Effective Date. That the effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. Page 3 of 5 City of Aventura Ordinance No. 2023- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. Page 4 of 5 City of Aventura Ordinance No. 2023-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Application by Aventura 2999 LLC Requesting Amendments to the Land Development Regulations of the City of Aventura Section 31-21 to Include the Definition of HERO Housing and Section 31-145(a) and (b)(3) to Allow Density of Up to 70 Dwelling Units per Acre Subject to Conditional Use Approval upon Providing 15% HERO Housing City Case File LDR2305-0001 June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-21, Section 31-145(a) and Section 31-145(b)(3) of the City of Aventura Land Development Regulations (the "LDRs") to include the definition of HERO Housing and to allow residential densities up to 70 dwelling units per acre subject to conditional use approval conditioned upon at least 15% of the project's units being committed to HERO Housing. This application is subject to the concurrent application for amendment to Policy 2.2 of the Future Land Use Element of the City of Aventura Comprehensive Plan, as transmitted under Section 163.3184 of the Florida Statutes, becoming effective. THE REQUEST The applicant, Aventura 2999 LLC, is requesting an amendment to the Town Center District (TC1) zoning regulations in the City's LDRs to allow multifamily residential densities of up to 70 units per acre subject to conditional use approval and conditioned to the provision of at least 15% of their residential units as HERO housing. The applicant's Letter of Intent is attached as Exhibit#1 of this report. BACKGROUND The applicant has proposed a mixed-use development on property lying south of Lehman Causeway and to the northeast of the intersection of NE 29 Avenue and NE 191 Street. The infill development will add to an existing 121,265 SF office building, residential and retail uses within the 4.29 acres of land. A rendering of the development is attached as Exhibit #2 of this staff report. The applicant is requesting increased density for this project. Approval of an amendment to the Town Center Districts and approval for inclusion of the definition of HERO Housing in the LDRs is required to attain those increases. The proposed LDR language allows the requested increase in number of dwelling units on the condition that the project provides at least 15% of its residential units as HERO Housing, pursuant to the City's HERO Housing Program Guidelines as defined in Section 31-21. The HERO Housing Program, as currently proposed, will make housing available within the City at discounted rents for City of Aventura Police Officers and Teachers. The proposal also requires an amendment to the Town Center Land Use Category on the Future Land Use Element of the City's Comprehensive Plan. The applicant has submitted an application to amend the text of the Comprehensive Plan; this application will be heard concurrently with this application. Section 163.3184 of the Florida Statutes provides that zoning changes required to properly enact any proposed plan amendment may be considered concurrently, but are contingent upon the comprehensive plan amendment transmitted becoming effective. If the proposed amendment to the Comprehensive Plan and Land Development Regulations is approved, the next step in the development process will be review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment to Section 31-21 of the Land Development Regulations reads as follows': Sec. 31-21. Definitions. Height shall mean the vertical distance between the finished elevation at the center of the front of the building to the highest point of the roof surface, excluding mechanical equipment, chimneys, spires, steeples, radio or television antenna, flag poles, solar apparatus and utility poles. The height of a structure shall be measured to the mean height between eaves and ridge for a gable, hip and gambrel roof and to the highest point, excluding parapet, of a flat roof and to the deckline of a mansard roof. HERO Housinq shall mean residential dwelling units constructed after May 1, 2023 that are subject to an agreement between the City and the developer of such residential units, including a recorded ' Underlined text indicates insertions. Stricken-through text indicates deletions 2 covenant running with the land, by which such units are made available to individuals at less-than market rate pricing. The units shall be made available pursuant to the City's HERO Housing Program Guidelines as adopted and amended from time to time by Resolution of the City Commission and in accordance with the terms set forth in the agreement with the developer. Home occupation shall mean a business or occupation conducted for limited business activities in a residential district. The proposed amendment to Section 31-145 of the Land development Regulations as follows2: Sec. 31-145. Town Center Zoning Districts. (a) Purpose. The purpose and intent of these districts is to provide suitable sites for the development of residential and commercial uses in a well planned and compatible manner.The uses within these districts shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residential densities shall not exceed 2-5 70 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. (b) Town Center District(TC1). The following regulations shall apply to all TC1 Districts: (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: p. For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEEDO Gold or Platinum certification, the bonuses in n. and o. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEEDO Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. q. For projects that provide at least 15% of their residential units as HERO Housing, increased density above 25 units per acre up to 70 units per acre. ANALYSIS The request was reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances- (1) The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Land Development Regulations (LDRs). 2 Underlined text indicates insertions. Stricken-through text indicates deletions. 3 (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan as it will facilitate the type of more compact and efficient urban structure contemplated by the Town Center land use category. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City as per details provided on Paragraph 3 above. (5) The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process as it provides a process and regulations to implement for approvals of developments in the Town Center Zoning Districts. 4 ' EXHIBIT#1 BERCOW RADELL FERNANDEZ May 15, 2023 LARKIN +- TAPANES 94NKI.LANEmow° VIA ELECTRONIC MAIL l 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami, FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent—Zoning Applications for the Property located mmarreroiPbrconinglaw.com at 2999 NE 191st Street, Aventura, Florida Dear Mr. Klopp: Our law firm represents Aventura 2999, LLC ("the Applicant"), the owner of the properties located 2999 NE 191st Street (collectively the "Property") in the City of Aventura (the "City"). This letter shall serve as the Applicant's letter of intent in connection of the application for Administrative Site Plan approval for redevelopment of the Property. Property Description. The Property identified by Miami Dade County Property Appraiser Folio Nos. 28-1235-004-0091 and 28-2203-021-0020. The Property is approximately 4.285 acres in size and is designated as Town Center in the City's comprehensive plan. The zoning on the Property is TC1. Currently, the Property is developed with an office building with ground floor retail, and surface parking. Proposed Development. The Applicant proposes to redevelop the Property with a 23 story, 295-unit residential project west of the existing office building. The unit breakdown will include 255 standard residential units and 40 "Hero Housing" units, with a mix of efficiencies, as well as one, two- and three-bedroom units. Additionally,the project will include a 10-story structure with 963 parking spaces and over 12,000 square feet of ground floor retail space. Mr. Keven Klopp Community Development Director Page 2 Application Requests.The Applicant recognizes that the approval of this site plan will also require some legislation to be considered and approved by the City, and looks forward to working with the City on that process while the administrative site plan review is ongoing. The complete summary of requests is as follows: • Amendment to the City's Comprehensive Plan to permit up to 70 dwelling units per acre in the Town Center land use designation. • Amendment to the City's Land Development Regulations for TC1 to permit up to 70 dwelling units per acre with Conditional Use Approval as follows: 31-145(a) Purpose. The purpose and intent of these districts is to provide suitable sites for the development of residential and commercial uses in a well planned and compatible manner. The uses within these districts shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residential densities shall not exceed 2-5-70 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. Section 31-145(b)(1) C. Residential uses with ground floor retail or restaurant uses. Section 31-145(b)(3) q Residential uses that exceed 25 dwelling units per acre but not to exceed 70 dwelling units per acre, with the provision of "Hero Housing" at an amount to be approved by the City Commission. • Conditional Use Approval to obtain additional the requested density of 70 dwelling units per acre and additional height of 23 stories • Modification to the approvals Administrative Site Plan Approval Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 305.377,6222 fax I mmarrero@brzoninglaw com Mr. Keven Klopp Community Development Director Page 3 For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238 Sincerely, �2 Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com I �r 4-jrP y- fc Foo w liollit p- p w �.P •fill lil��Il�ll�l>>I�liil� 10 f L 7 ' � r •1� 1 1 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21 "DEFINITIONS" AND SECTION 31-145, "TOWN CENTER ZONING DISTRICTS", SUBSECTION (A), "PURPOSE", AND SUBSECTION (B) "TOWN CENTER DISTRICT (TC1)", TO ALLOW MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER ACRE FOR DEVELOPMENTS PROVIDING AT LEAST 15% OF THEIR RESIDENTIAL UNITS TO THE CITY'S HERO HOUSING PROGRAM; SUBJECT TO CONDITIONAL USE APPROVAL; 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 of Aventura (the "City"), defines HERO Housing in Section 31-21 of the "Land Development Regulations" (the "LDRs) of the Code of Ordinances ("City Code"); and WHEREAS, the Applicant, Aventura 2999 LLC, through Application No. LDR2305- 0001, has requested from the City an amendment to Section 31-145(a) "Town Center Zoning Districts" and Section 31-145(b), "Town Center (TC1) District"; of Chapter 31, of the LDRs of the City Code to allow multifamily residential uses with a maximum density of 70 dwelling units per acre for developments that dedicate at least 15% of their residential units as HERO Housing; and WHEREAS, the City Commission finds that the proposed amendment to Section 31-145 of the City Code to allow multifamily residential uses with a maximum density of 70 dwelling units per acre for developments that dedicate at least 15% of their residential units as HERO Housing is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and City of Aventura Ordinance No. 2023- 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 proposed amendment, and finds that it is in the best interest of the public to amend Sections 31-21 and 31-145 of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. That Section 31-21 "Definitions" of Article II "Definitions and Rules of Construction", and Sections 31-145(a) "Purpose" and 31-145(b) "Town Center District (TC1)" of Article VII "Use Regulations", of Chapter 31 "Land Development Regulations" of the City Code are hereby amended to read as follows': Sec. 31-21. Definitions. Height shall mean the vertical distance between the finished elevation at the center of the front of the building to the highest point of the roof surface, excluding mechanical equipment, chimneys, spires, steeples, radio or television antenna, flag poles, solar apparatus and utility poles. The height of a structure shall be measured to the mean height between eaves and ridge for a gable, hip and gambrel roof and to the highest point, excluding parapet, of a flat roof and to the deckline of a mansard roof. HERO Housing shall mean residential dwelling units constructed after May 1, 2023 that are subject to an agreement between the City and the developer of such residential units, including a recorded covenant running with the land, by which such units are made available to individuals at less-than market rate pricing. The units shall be made available pursuant to the City's HERO Housing Program Guidelines as adopted and amended from time to time by Resolution of the City Commission and in accordance with the terms set forth in the agreement with the developer. Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 5 City of Aventura Ordinance No. 2023- Home occupation shall mean a business or occupation conducted for limited business activities in a residential district. Sec. 31-145.Town Center Zoning Districts. (a) Purpose. The purpose and intent of these districts is to provide suitable sites for the development of residential and commercial uses in a well planned and compatible manner. The uses within these districts shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residential densities shall not exceed 2-5 70 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. (b) Town Center District(TC1). The following regulations shall apply to all TC1 Districts: (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: p. For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED° Gold or Platinum certification, the bonuses in n. and o. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED° Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. q. For projects that provide at least 15% of their residential units as HERO Housing, increased density above 25 units per acre up to 70 units per acre. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Page 3 of 5 City of Aventura Ordinance No. 2023- 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 made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 4 of 5 City of Aventura Ordinance No. 2023- PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klop Community&evelopment Director DATE: June 2, 2023 SUBJECT: Application by Aventura Opportunity Owner LLC to Amend Section 31- 145(e)(1) and Section 31-145(e)(4) of the City of Aventura Land Development Regulations to Allow Density of Up to 50 Dwelling Units per Acre Subject to Conditional Use Approval City Case File LDR2305-0002 June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31- 145(e)(1) and Section 31-145(e)(4) of the City of Aventura Land Development Regulations (the "LDRs") to allow residential densities up to 50 dwelling units per acre subject to conditional use approval. THE REQUEST The applicant, Aventura Opportunity Owner LLC, is requesting an amendment to the Town Center Office Park Mixed Use (TC4) District zoning regulations in the City's LDRs to allow multifamily residential densities of up to 50 units per acre subject to conditional use approval. The applicant's Letter of Intent is attached as Exhibit #1 of this report. BACKGROUND The applicant has proposed a mixed-use development on property located on the east side of Biscayne Blvd., bounded by NE 207 Street on the south, NE 209 Street on the north and NE 30 Avenue on the east (the "Property"). The applicant seeks to develop a mixed-use project with a focus on offices, retail, residential and community uses, and outdoor walkable areas (the "Project"). The Project will include 495 residential units on the western portion of the site located in two new buildings connected by a bridge. Additionally, it will include 100,338 square feet of office space and 38,617 square feet of retail. The Project will retain the two existing buildings in the middle of the Property and the existing Morgan Stanley building on the east side of the Property. The applicant seeks to retain and activate the water feature on the south of the property between the southernmost parking structure and the southernmost office building. A rendering of the development is attached as Exhibit#2 of this staff report. The applicant is requesting increased density for this project. Approval of an amendment to the Town Center Land Use Category on the Future Land Use Element of the City's Comprehensive Plan, under separate application (File No. CPA2503-0001), and an amendment to the Town Center Districts in the LDRs is required to attain those increases. The proposed LDR language allows the requested increase in number of dwelling units. If the proposed amendment to the Land Development Regulations is approved, the next step in the development process will be review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment is to Section 31-145 of the Land development Regulations as follows': Sec. 31-145. Town Center Zoning Districts. (e) Town Center Office Park Mixed Use (TC4) District.The following regulations shall apply in the TC4 District: (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 2-5 50 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: n. Live/work units included within the overall density limits set forth in Subsection (6)d and adhering to the following: ' Underlined text indicates insertions. Stricken-through text indicates deletions. 2 10. The owner/occupant of a live/work unit must maintain a valid City of Aventura local business tax receipt for the business on the premise. Payment of the annual local business tax will be required prior to occupancy and annually thereafter. o. Residential uses that exceed 25 dwelling units per acre, but not to exceed 50 dwelling units per acre. Nothing herein shall be construed to conflict with any applicable state laws. ANALYSIS The request was reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances- (1) The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan as it will facilitate the type of more compact and efficient urban structure contemplated by the Town Center land use category. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City as per details provided on Paragraph 3 above. (5) The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process as it provides a process and regulations to implement for approvals of developments in the Town Center Zoning Districts. 3 BERCOW RADELL k FERNANDEZ May 15, 2023 J ! LARKIN TAPANES VIA E-MAIL and HAND DELIVERY ZONING,LAND USE AND ENVIRONMENTAL LAW 200 S.Biscayne Boulevard Suite 300, Miami,FL 33131 Mr. Keven Klopp Community Development Director www,brzoninglaw.com City of Aventura 19200 West Country Club Drive, 4tn Floor 305.377.6238office Aventura, Florida 33180 305.377.6222 fax mmarrero@brzoninglaw.com Re: Letter of Intent in Support of Applications for Aventura Corporate Center Dear Keven: This law firm represents Aventura Opportunity Holdings, LLC (the "Applicant"), with regard to applications for administrative site plan approval ("ASPA"), amendment to the City of Aventura Land Development Regulations, and modification to a previous conditional use approval for the properties located at 20801 and 20803 Biscayne Boulevard ("Western Parcel")and 20807 Biscayne Boulevard ("Eastern Parcel"), as well as 20805 Biscayne Blvd (the "Hotel Parcel") (collectively referred to as the "Property") located within the municipal boundaries of the City of Aventura (the "City"), Florida. Property Description. The Property is located on the east side of Biscayne Boulevard, bounded by NE 207 Street on the south, NE 209 Street on the north, and NE 30 Avenue on the east; and the Applicant's holdings comprise the northwestern approximately three-quarters of the block formed by these streets.' Miami-Dade County's Property Appraiser has assigned two Folio Numbers to the Property: 28-1234-079-0010 to the Western Parcel and 28-1234- 079-0020 to the Eastern Parcel. The Property forms a portion of a single platted lot, as recorded in Plat Book 158, Page 47 of the Public Records of Miami-Dade County, Florida. The Applicant recently acquired the bulk of the Property. The Applicant seeks to develop a The southeastern one quarter of the Property, is identified by Miami-Dade County Folio No. 28-1234-079-0025 and currently contains a 233-unit, 191,674 SF AC Hotel. The Hotel Parcel is not a part of Applicant's holdings but is part of the Property and application area. It is legally bound to the Applicant's property through a Covenant in Lieu of Unity of Title. Mr. Keven Klopp City of Aventura Page 2 mixed-use project, with a focus on offices uses, as well as retail, residential and community uses and outdoor walkable areas (the "Project"). The Project now includes 495 multifamily residential units on the western portion of the site located in two new buildings connected by a bridge. Additionally, it will include 100,338 square feet of office space and 38,617 gross square feet of retail. The Project will retain the two existing office buildings on the middle of the Property and now will also retain the existing Morgan Stanley office building on the east side of the Property. Finally, but very importantly, the Applicant seeks to retain and activate the water feature on the south of the Property between the southernmost parking structure and the southernmost office building. The water feature will include a bridge, outdoor vending for restaurants and retail uses, as well as the ability for special events and entertainment. Application Requests. The current applications seek the following approvals: • Amendment to the City's Land Development Regulations for TC4 to permit up to 50 dwelling units per acre with Conditional Use Approval as follows: Section 31-145(e)(1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 2-5 50 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. Section 31-145(e)(4) o. Residential uses that exceed 25 dwelling units per acre, but not to exceed 50 dwelling units per acre. • Conditional Use Approval to obtain additional the requested density of 47 dwelling units per acre and to modify the existing site plan approved by the existing CUP • Modification to the approvals Administrative Site Plan Approval Bercovv Rad ell Fernandez Larkin&Ta panes !305,377.6238 direct 1305.377.6222 fax',nimarrero@brzoninglaw corn Mr. Keven Klopp City of Aventura Page 3 For all of the foregoing reasons we hereby request your favorable review and recommendation. We would appreciate you scheduling this application for the next available public hearing. Should you have any questions please do not hesitate to contact me at 305.377.6238 Sincerely yours, l � Michael J. Marrero Enclosures cc: Gray Crow Bercow Radell Fernandez Larkin&Tapanes(305.377.6238 direct 1305.377.6222 fax mmarrero@brzoninglaw.com va am uwnoo3a 'KNOnu�3evao s� "gip isv3 zv 3oeva cn Hinos Asa xsemoi ec eouo3s aoen meaoen 3s S 1 > 3 1 I H D N V � v b131N30 31vaodao0 vanlN3nv H�I AO�SAZ ��. a = A Q e�n�uantl naaxz s`��. 1N3WON3WV NOI1tl011ddtl NVId 311S v � Age F � ■ F d a �L I �1y 1. IL IL ol I V� 11,E I 1 t .y. N uj i m M" c� ��'Y .• �--x �i J n� Q _ W i C doom ,.���3a�wd n N.��,Oe a31N3o31vaodaoovanlN3nv H7IAO7SAZ Mga '= E A e�n�uantl uanaaxz aavry gp��£e- 1N3WON3wv NOI1tl011ddtl NVId 311S a F, i I a hl ci Q W S F 0 Q z Y O O e J N (i m O O z W cc doom ,.���3a�wd n N.��,Oe a31N3o31vaodaoovanlN3nv H7IAO7SAZ200 e�n�uantl uanaaxz aavry gp��£e. 1N3WON3wv NOI1tl011ddtl NVId 311S a - - -k k - 1 C iiI � t � v � 00 , � ddEEE � � t 46 V EULLE_ UULLE- EEr. � ddEELLE= E 'f ► t k N fk IL - :� c J Z cLa " z E E E E= H b L+ t_ K_ E m W O Z R ws<<z as on�a o„ d I. Y IM5� s 1 D 3 1 1 H 113111430 31vaodao0 vanlN3nv H:)I AO:)SAZ =�4 emivantl uanaaxz aamaa s^��€-.�.z _4 1N wailli tl NOI1tl011ddtl NVId 311 a � a Imo_= �l �1 EMI V 3. w� -x .. o _ 2 t i z a a oc m 0 N Z O C:1 Z G G Z G �1 • e tit, a I � dq r r J E f , ly �tvr. a Ar �'�'`I'�,_ 11 v.,ems. ♦ _ �.. � �- �� � �'�, � Its®♦� �� . •�i`�.l,�i � 1�r / J c 7 '��• � �t -tea a .z CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145(E), "TOWN CENTER OFFICE PARK MIXED USE (TC4) DISTRICT", SUBSECTION (1), "PURPOSE", AND SUBSECTION (4), "CONDITIONAL USES PERMITTED" TO ALLOW MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 50 DWELLING UNITS PER ACRE; SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Aventura Opportunity Owner LLC, through Application No. LDR2305-0002, has requested from the City of Aventura (the "City"), an amendment to Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District", subsections (1) "Purpose" and (4) "Conditional uses permitted", of Chapter 31, "Land Development Regulations" (the "LDRs) of the Code of Ordinances ("City Code") to allow multifamily residential uses with a maximum density of 50 dwelling units per acre subject to Conditional Use approval; and WHEREAS, the City Commission finds that the proposed amendment to Section 31-145(e) of the City Code to allow multifamily residential uses with a maximum density of 50 dwelling units per acre is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, The City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Sections 31-145 of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive plan. City of Aventura Ordinance No. 2023- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District", subsections (1)"Purpose"and (4)"Conditional uses permitted", of Chapter 31, LDRs of the City Code, are hereby amended to read as follows': Sec. 31-145.Town Center Zoning Districts. (e) Town Center Office Park Mixed Use (TC4) District. The following regulations shall apply in the TC4 District: (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 2-5 50 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: o. Residential uses that exceed 25 dwelling units per acre, but not to exceed 50 dwelling units per acre. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 4 City of Aventura Ordinance No. 2023- 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 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. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2023- PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 4 of 4 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission Ile FROM: Ronald J. Wasson City Manager BY: Keven Klopp?W Community Development Director DATE: June 2, 2023 SUBJECT: Application by Got183 LLC for Amendment to the Text of the City of Aventura Comprehensive Plan by Adding High Density Residential Land Use Category to Objective 2 Policy 2.1 of the Future Land Use Element City Case File CPA2305-0002 June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the amendment to Policy 2.1 of the Future Land Use Element of the City of Aventura (the "City") Comprehensive Plan as described below. THE REQUEST The applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of Got183 LLC, is requesting an amendment to Policy 2.1 of the Future Land Use Element of the City's Comprehensive Plan to include a High Density residential land use category. The applicant's Letter of Intent is attached as Exhibit#1 of this report. BACKGROUND Although a text amendment to the City's Comprehensive Plan is not property specific, the proposed amendment will facilitate the development of property located along NE of 183rd Street in the area east of Biscayne Boulevard, further east of NE 27t" Avenue, with address 2785 NE 183 Street (the "Property"). The applicant has provided conceptual drawings for the development of a 21-story multi-family residential building to be constructed on the existing 1.55-acre vacant lot. A rendering of the development is attached as Exhibit #2 of this staff report. The amendment requested by the applicant is to allow residential uses with a range of densities from 60 to 90 dwelling units per acre on parcels that are within one quarter mile of Biscayne Boulevard and adjacent to existing developments with densities of 60 dwelling units per acre of greater. The existing Medium-High Density residential land use category in the Future Land Use Element of the City's Comprehensive Plan currently allows a maximum residential density range of 25 to 60 dwelling units per gross acre. Approval of the creation of a High Density residential land use category is required to allow the proposed residential development. The development proposal will also require other approvals. First, an amendment to the Future Land Use Map (the "FLUM") that will change the designation of the property from the Medium-High Density designation to the High Density residential designation. Then, a revision to the City's Land Development Regulations ("LDRs") in order to create a new high density residential zoning district that will allow densities of up to 90 dwelling units per acre subject to Conditional Use approval. Finally, a change to the City's Zoning Map that will change the designation of the Property from Medium-High Density Residential (RM4) to the newly created zoning district. The applicant has submitted applications to amend the FLUM, the LDRs and the City's Zoning Map to be processed concurrently, and which are the subjects of separate staff reports and ordinances on the June 6 Local Planning Agency and City Commission agendas. If the proposed amendments to the Comprehensive Plan, FLUM, LDRs, and Zoning Map are approved, the next step in the development process will be the review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment is to Policy 2.1 of the Future Land Use Element of the Comprehensive Plan as follows': FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 ' Underlined text indicates insertions. Stricken-through text indicates deletions. 2 Bilzin Sumberg Brian S.Adler, Esq. Tel 305.350.2351 Fax 305.351.2206 badler(@bilzin.com I May 16, 2023 Mr. Keven Klopp i Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future Land Use Map, Land Development Regulations Text, and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC (the "Applicant") as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with our applications to amend the City of Aventura Comprehensive Plan text, Future Land Use Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive Plan") to create a "High Density" residential land use category as well as a corresponding City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment to Section 31-143 of the Land Development Regulations (a/k/a the Zoning Code) to create the RMF5 residential zoning district as well as a corresponding amendment to the City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed Amendments"). A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The Property is currently designated Medium-Density Residential on the Future Land Use Map and is currently zoned RMF4. The Property is located within Miami-Dade County's I MIAMI 10525158.3 100992/302121 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 Mr. Keven Klopp May 16, 2023 Page 2 Bilzin Sumberg SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located within one quarter mile of Biscayne Boulevard. Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family residential building known as Commodore Plaza, which includes 654 dwelling units on 8.5+/- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's Port, adjacent to the Property on the south is developed at approximately 90 dwelling units per acre. B. Proximity to Transit The creation of the "High Density" residential land use and zoning categories as proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and zoning map amendments) are consistent with both the goals and policies of the City's Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density" residential land use category would apply only to properties within one quarter mile of Biscayne Boulevard and which are also adjacent to existing developments that already exceed 60 dwelling units per acre. The City's FLUM already identifies the High Density Residential in the adjacent jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban Center District, allowing up to 250 residential dwelling units per acre. Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies the need for higher density residential areas to be located near transit service areas. Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies the promotion of public transit as a Transportation Goal. A County bus route runs along Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne Boulevard. Accordingly, tying the "High Density" residential land use category to a distance of one quarter mile from Biscayne Boulevard is consistent with the policies of the Comprehensive Plan, which aims to locate the highest levels of density near transit service areas. C. Compatibility Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that density and intensity of development should reflect existing development patterns. Page 14 of the Comprehensive Plan, when describing the "Redevelopment Element", emphasizes the importance of compatibility of new development and redevelopment with existing development..." By positioning the proposed "High Density" residential Land Use category adjacent to existing developments that already exceed 60 units per acre, compatibility with surrounding properties is taken into account, while subjecting review to conditional use approval to ensure compatibility is reviewed on a case by case basis. The MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 2023 Pagee 3 Bilzin Sumberg 3 proposed language and FLUM amendment prevent the "encroachment of incompatible uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal. The City's Comprehensive Plan currently provides for a maximum of 60 units per acre under the "Medium-High Density" residential land use category. The County has a "High Density" residential land use designation, which permits up to 125 units per acre (and contains other urban areas along the transit corridor that allow up to 250 dwelling units per acre). The County's Comprehensive Development Master Plan, page 34, indicates that the "High Density" residential land use designation is to be "located within certain municipalities where land costs are very high and where services will be able to meet the demands." This contemplates the proposed land use category in a location such as the City of Aventura. D. Housing Needs Additionally, numerous articles and studies highlight the shortage of housing in Florida, including South Florida and the continued need for housing, in part due to the influx of new residents to the state. Providing for a land use category that permits up to 90 units per acre in Aventura would be one way to address the housing shortage, particularly since Aventura is a desirable place to live for those moving from New York or California due to its diverse retail and restaurants. E. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF5 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. F. The Amendment to the Zoning Code Meets the Standards Set Forth Under City Code Section 31-77(g) In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is legally required. MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Page 4 � Bilzin Sumberg P Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the amendment creating the RMF5 would be legally required. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDR as it would implement further the Comprehensive Plan by establishing regulations, procedures and standards for review and approval of High Density residential designated Properties in the City. 4. The proposed amendment furthers the orderly development of the City. The limitation that RMF5 development will occur only adjacent to existing development exceeding 60 units per acre furthers orderly and harmonious development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment includes a conditional use review by the City Commission for certain uses, which will ensure that developments are consistent with the will of the City. G. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Pages ilzin Sumberg The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF5 designation will be limited to properties that abut existing developments that exceed 60 units per acre. 3. The subject property is physically suitable for the uses permitted in the proposed district. As it applies to the Property, which is 1.55 acres in size, the uses permitted in RMF5 are appropriate for the Property. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. In addition to the Property, City staff has identified other sites that are being rezoned for this use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would not adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 139 residential dwelling units generates only 48 AM peak hour trips and 56 PM peak hour trips where the proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over twice as many AM peak hour trips and more than three times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would not adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will be evaluated for concurrency as part of redevelopment of the site. MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Page 6 Bilzin Sumberg 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 139 residential dwelling units as opposed to a more intense commercial use. H. Requests The Property is currently designated "Medium-High Density" residential on the FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High Density" residential land use category in the Comprehensive Plan and re-designate the Property to "High Density" residential on the FLUM. Similarly, our client proposes to create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the proposed new residential Future Land Use Map designation. As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 139 residential dwelling units where 116 residential dwelling units would be permitted as of right in the RMF5 district. Additionally, our client will be seeking conditional use approval related to FAR and the shadow provision. I. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow that is carried through the parking garage to create a seamless flow in a truly unique shape, worthy of the approval for new development in Aventura. The 22-story structure includes a four-story pedestal consisting of a lined and screened parking deck with a connected curvilinear matching tower. The development MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Page 7 Bilzin Sumberg has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. J. Conclusion The proposed modifications to the Comprehensive Plan, the Future Land Use Map, the land development regulation text, and the Zoning Map will allow this vacant and historically underutilized Property to transform into an iconic building that Aventura will be proud to feature in its City. The proposed development features 139 one-, two- and three- bedroom condominium homes that are both attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the Proposed Amendments. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Ve truly yours, Brian S. Adler MIAMI 10525158.3 100992/302121 EXHIBIT A Proposed Comprehensive Development Master Plan Amendment Land Use Element Objective 2 Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single- family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low- rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of 13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family developments in this category shall not exceed a density of 7.0 dwelling units per gross acre. Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre. The types of housing structure typically permitted in this category include townhouses and low-rise and medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited- Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses. MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM EXHIBIT B Sec. 31-143. Residential Zoning Districts. (h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS Districts. (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned,environmentally compatible high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 75 units per gross acre. (2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used in whole or part for other than one or more of the following specific uses: a. All Uses permitted in the RMF4 District other than limited service hotels. (2a) Conditional uses.The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. C. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31-144. d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre. e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and;that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site,all in an amount equal to the requested increased lot coverage. f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. (3) Site development standards. a. Minimum lot area and width: 1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and RMF3AZoning Districts. 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes:Two stories or 25 feet. 2. Townhouses:Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 1 of 3 Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. d. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified,and in addition thereto,a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-, mid-and high-rise apartments: 25 feet in depth. 3. Rear yards: Minimum of 25 feet. e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two,whichever is greater. f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit:800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered with any structure or off-street parking,and shall be landscaped and well maintained with grass, trees, and shrubbery. h. Accessibility:All multi-family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 2 of 3 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow the site development standards with the exception that any property on which the density allowed by the site development standards is exceeded by existing development,the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms, unless otherwise provided by expressly authorized conditional use approval. (4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must conform to the following requirements: a. Be of 2,000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate.Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF4 zoning district. Installation of any AST shall require a building permit from the City.Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines,the primary structure served by the AST,any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 3 of 3 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.1 The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land use categories: Medium-High Density. This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. High Density. This category allows a range of densities from 60 to 90 dwelling units per gross acre on parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses. ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the text of the Comprehensive Plan may be amended by application of any person, board, agency or their authorized representative. The application has been submitted by the proposed developer in accordance with that section. This amendment, if approved, will facilitate the development of a vacant lot of 1.55 acres in the Rapid Transit Zone designated area of the City. The applicant's attached Letter of Intent describes the consistency of its requests with the goals and objectives of the City's Comprehensive Plan. Notice of the proposed amendment has been published in accordance with Section 31- 53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City Commission, a copy of the ordinance will be transmitted for comment to the review agencies listed in Section 163.3184 of the Florida Statutes. That legislation provides that comments are to be provided within 30 days of receipt. Staff will present the ordinance to the City Commission for second reading once comments are received and addressed. 3 d{ k 4 _ a IIF� - Vw `fir k ft Ao- 4 ` ME 94� 11 fir,, c Y 3 MIA CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO CREATE A HIGH-DENSITY RESIDENTIAL LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Economic Opportunity of the State of Florida found the City of Aventura Comprehensive Plan (the "Plan") in compliance in August 2022; and WHEREAS, the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of Got183 LLC, has requested from the City of Aventura (the "City") through Application No. CPA2305-0002, to amend Policy 2.1, Objective 2, of the Land Use Goal in the Future Land Use Element of the Plan, by creating a"High Density Residential" land use category; and WHEREAS, the Applicant, through Application No. LDR2305-0002, has made concurrent application to the City to amend Section 31-143, Residential Zoning Districts, of the City's Land Development Regulations to allow increased density to implement the above described amendment to the Plan, which application is contingent upon the plan amendment transmitted becoming effective; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. City of Aventura Ordinance No. 2023- Section 2. Amendment to the Comprehensive Plan. That Objective 2, Policy 2.1 of the Land Use Goal in the Future Land Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows': FUTURE LAND USE ELEMENT LAND USE GOAL Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City. OBJECTIVE 2 The following land use densities, intensities and approaches shall be incorporated in the Land Development Regulations. Measure: Incorporation of the stated land use designations into the Land Development Regulations. Policy 2.1 The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land use categories- Medium-High Density. This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 5 City of Aventura Ordinance No. 2023- High Density. This category allows a range of densities from 60 to 90 dwelling units per gross acre on parcels that are within one quarter mile of Biscayne Boulevard (the Transit Zone) and which are adjacent to developments that exist as of July 1. 2023 which are developed at a density of 60 units per gross acre or greater. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 5. Transmittal. That the City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity and to all review agencies required by Section 163.3184 of the Florida Statutes. Section 6. Effective Date. That the effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. Page 3 of 5 City of Aventura Ordinance No. 2023- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. Page 4 of 5 City of Aventura Ordinance No. 2023-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Application by Got183 LLC to Amend the City of Aventura Comprehensive Plan by Amending the City of Aventura Future Land Use Map Designation of Land Located at 2785 NE 183 Street City Case File ACP2305-0001 June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the amendment to the City of Aventura Future Land Use Map (the "FLUM") as described below. THE REQUEST The applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of Got183 LLC, is requesting an amendment to the FLUM by changing the designation of land located on 2785 NE 183 Street and from Medium Density Residential to High Density Residential. The applicant's Letter of Intent is attached as Exhibit #1 of this report. BACKGROUND The proposed amendment will facilitate the development of property located along NE of 183rd Street in the area east of Biscayne Boulevard, further east of NE 27t"Avenue, legally described on Exhibit#2 (the "Property"). The applicant has provided conceptual drawings for the development of a 21-story multi-family residential building to be constructed in the existing 1.55-acre vacant lot. A rendering of the development is attached as Exhibit#3 of this staff report. The Property's current designation of Medium-High Density Residential land use category in the FLUM allows a maximum residential density range of 25 to 60 dwelling units per gross acre. Approval of the designation of High Density Residential land use category is required to allow the proposed development. The High Density Residential land use category will allow a density range of 60 to 90 dwelling units per gross acre. The development proposal will also require other approvals. First, an amendment to the Future Land Use Element of the City of Aventura Comprehensive Plan (the "Plan") to create the High Density Residential land use category. Then, a revision to the City's Land Development Regulations ("LDRs") in order to create a new high density residential zoning district that will allow densities of up to 90 dwelling units per acre subject to Conditional Use approval. And finally, a change to the City's Zoning Map that will change the designation of the Property from High Density Residential (RMF4) to the newly created zoning district. The applicant has submitted applications to amend the Plan, the LDRs and the City's Zoning Map to be processed concurrently, and which are the subjects of separate staff reports and ordinances on the June 6 Local Planning Agency and City Commission agendas. If the proposed amendments to the Comprehensive Plan, FLUM, LDRs, and Zoning Map are approved, the next step in the development process will be the review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the FLUM may be amended by application of City Administration, City Commission or an owner of property subject to the amendment. The application has been submitted by the proposed developer in accordance with that section. This amendment, if approved, will facilitate the development of a vacant lot of 1.55 acres in the Rapid Transit Zone designated area of the City. The applicant's attached Letter of Intent describes the consistency of its requests with the goals and objectives of the City's Comprehensive Plan. Notice of the proposed amendment has been published in accordance with Section 31- 53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City Commission, a copy of the ordinance will be transmitted for comment to the review agencies listed in Section 163.3184 of the Florida Statutes. That legislation provides that comments are to be provided within 30 days of receipt. Staff will present the ordinance to the City Commission for second reading once comments are received and addressed. 2 EXHIBIT#1 s4 Bilzin Sumberg Brian S.Adler,Esq. - 305.350,2351 305.351.2206 badlera, ilzin_�om May 16, 2023 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future Land Use Map, Land Development Regulations Text, and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got 183 LLC (the "Applicant") as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with our applications to amend the City of Aventura Comprehensive Plan text, Future Land Use Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive Plan") to create a "High Density" residential land use category as well as a corresponding City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment to Section 31-143 of the Land Development Regulations (alkla the Zoning Code) to create the RMF5 residential zoning district as well as a corresponding amendment to the City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed Amendments"). A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 271h Avenue. The Property is currently designated Medium-Density Residential on the Future Land Use Map and is currently zoned RMF4. The Property is located within Miami-Dade County's M IAM 110525158.3 100992/302121 BiIzin SL1mberg Baena Price&Axe Irtul 1.1,P 13�;o]i6AeII Ave 11Lie.2.1VJ F loor,NIianii. FIorida 33131-.'s4ih Tel 311.5.374.7.580 1 lax 305.374.7ti4.; I hilziti.cmll Mr.Keven Klopp 1 May16, 2023 Bllzln Sumberg Page 2 �. 1 SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located within one quarter mile of Biscayne Boulevard. Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family residential building known as Commodore Plaza, which includes 654 dwelling units on 8.5+1- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's Port, adjacent to the Property on the south is developed at approximately 90 dwelling units per acre. B. Proximity to Transit The creation of the "High Density" residential land use and zoning categories as proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and zoning map amendments) are consistent with both the goals and policies of the City's Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density" residential land use category would apply only to properties within one quarter mile of Biscayne Boulevard and which are also adjacent to existing developments that already exceed 60 dwelling units per acre. The City's FLUM already identifies the High Density Residential in the adjacent jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban Center District, allowing up to 250 residential dwelling units per acre. Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies the need for higher density residential areas to be located near transit service areas. Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies the promotion of public transit as a Transportation Goal. A County bus route runs along Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne Boulevard. Accordingly, tying the "High Density" residential land use category to a distance of one quarter mile from Biscayne Boulevard is consistent with the policies of the Comprehensive Plan, which aims to locate the highest levels of density near transit service areas. C. Compatibility Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that density and intensity of development should reflect existing development patterns. Page 14 of the Comprehensive Plan, when describing the "Redevelopment Element", emphasizes the importance of compatibility of new development and redevelopment with existing development..." By positioning the proposed "High ❑ensity" residential Land Use category adjacent to existing developments that already exceed 60 units per acre, compatibility with surrounding properties is taken into account, while subjecting review to conditional use approval to ensure compatibility is reviewed on a case by case basis. The MI AM 114525138.3 I OQ99213 02 1 2 1 Mr. Keven Klopp May i ,2Q23 3 Page 3 L Biizin Sumberg proposed language and FLUM amendment prevent the "encroachment of incompatible uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal. The City's Comprehensive Plan currently provides for a maximum of 60 units per acre under the "Medium-High Density" residential land use category. The County has a "High Density" residential land use designation, which permits up to 125 units per acre (and contains other urban areas along the transit corridor that allow up to 250 dwelling units per acre). The County's Comprehensive Development Master Plan, page 34, indicates that the "High Density" residential land use designation is to be "located within certain municipalities where land costs are very high and where services will be able to meet the demands."This contemplates the proposed land use category in a location such as the City of Aventura. D. Housinq Needs Additionally, numerous articles and studies highlight the shortage of housing in Florida, including South Florida and the continued need for housing, in part due to the influx of new residents to the state. Providing for a land use category that permits up to 90 units per acre in Aventura would be one way to address the housing shortage, particularly since Aventura is a desirable place to live for those moving from New York or California due to its diverse retail and restaurants. E. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF5 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. F. The Amendment to the Zoning Code Meets the Standards Set Forth Under City Code Section 31-77(g) In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is legally required. M 1AM1 10525158.3 100992/302121 Mr. Keven Klopp May's,2023 Bilzin Sumberg Page 4 Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the amendment creating the RMF5 would be legally required. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDR as it would implement further the Comprehensive Plan by establishing regulations, procedures and standards for review and approval of High Density residential designated Properties in the City. 4. The proposed amendment furthers the orderly development of the City. The limitation that RMF5 development will occur only adjacent to existing development exceeding 60 units per acre furthers orderly and harmonious development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment includes a conditional use review by the City Commission for certain uses, which will ensure that developments are consistent with the will of the City. G. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. M IAMI 1052 5158.3 100992/302121 Mr.Keven Klopp May 16, 2423 5 Page 5 Bilzin Sumberg The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF5 designation will be limited to properties that abut existing developments that exceed 60 units per acre. 3. The subject property is physically suitable for the uses permitted in the proposed district. As it applies to the Property, which is 1.55 acres in size, the uses permitted in RMF5 are appropriate for the Property. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. In addition to the Property, City staff has identified other sites that are being rezoned for this use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would not adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 139 residential dwelling units generates only 48 AM peak hour trips and 56 PM peak hour trips where the proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over twice as many AM peak hour trips and more than three times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would not adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will be evaluated for concurrency as part of redevelopment of the site. M IAM 1 10525158.3 100992/302121 Mr.Keven Klopp May 96,2023 Page 8 .;= B11zin Sumberg 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 139 residential dwelling units as opposed to a more intense commercial use. H. Requests The Property is currently designated "Medium-High Density" residential on the FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High Density" residential land use category in the Comprehensive Plan and re-designate the Property to "High Density" residential on the FLUM. Similarly, our client proposes to create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the proposed new residential Future Land Use Map designation. As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 139 residential dwelling units where 116 residential dwelling units would be permitted as of right in the RMF5 district. Additionally, our client will be seeking conditional use approval related to FAR and the shadow provision. I. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow that is carried through the parking garage to create a seamless flow in a truly unique shape, worthy of the approval for new development in Aventura. The 22-story structure includes a four-story pedestal consisting of a lined and screened parking deck with a connected curvilinear matching tower. The development M IAMI 10525158.3 100992/302121 Mr.Keven Kfopp May 16,2023 7 Page 7 Bilzin Sumberg has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. J. Conclusion The proposed modifications to the Comprehensive Plan, the Future Land Use Map, the land development regulation text, and the Zoning Map will allow this vacant and historically underutilized Property to transform into an iconic building that Ave ntura will be proud to feature in its City. The proposed development features 139 one-, two- and three- bedroom condominium homes that are both attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the Proposed Amendments. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. i ruly yours, Brian S. Adler M IAM 1 10525158.3 100992/302121 EXHIBIT A Proposed Comprehensive Development Master Plan Amendment Land Use Element Objective 2 Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single- family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low- rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of 13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family developments in this category shall not exceed a density of 7.0 dwelling units per gross acre. Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre. The types of housing structure typically permitted in this category include townhouses and low-rise and medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited- Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses. MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM EXHIBIT B Sec. 31-143. Residential Zoning Districts. (h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS Districts. (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned,environmentally compatible high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 75 units per gross acre. (2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used in whole or part for other than one or more of the following specific uses: a. All Uses permitted in the RMF4 District other than limited service hotels. (2a) Conditional uses.The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. C. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31-144. d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre. e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and;that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site,all in an amount equal to the requested increased lot coverage. f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. (3) Site development standards. a. Minimum lot area and width: 1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and RMF3AZoning Districts. 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes:Two stories or 25 feet. 2. Townhouses:Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 1 of 3 Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. d. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified,and in addition thereto,a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-, mid-and high-rise apartments: 25 feet in depth. 3. Rear yards: Minimum of 25 feet. e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two,whichever is greater. f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit:800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered with any structure or off-street parking,and shall be landscaped and well maintained with grass, trees, and shrubbery. h. Accessibility:All multi-family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 2 of 3 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow the site development standards with the exception that any property on which the density allowed by the site development standards is exceeded by existing development,the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms, unless otherwise provided by expressly authorized conditional use approval. (4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must conform to the following requirements: a. Be of 2,000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate.Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF4 zoning district. Installation of any AST shall require a building permit from the City.Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines,the primary structure served by the AST,any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 3 of 3 EXHIBIT 11211 LEGAL DESCRIPTION PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. 1W0627158.11 d{ k 4 _ a IIF� - Vw `fir k ft Ao- 4 ` ME 94� 11 fir,, c Y 3 MIA CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH DENSITY RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, the City of Aventura (the "City") has received Application No. ACP2305-0001, requesting approval of a Small Scale Future Land Use Map ("FLUM") Amendment to the Comprehensive Master Plan (the "Plan") changing the designation of 1.55 acres of land (Folios 28-2203- 000-0250 and 28-2203-000-0273), as further described in Exhibit "A" (the "Property") from Medium-High Density Residential to High Density Residential; and WHEREAS, the City Commission believes the Small Scale FLUM amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing higher density residential areas near transit service areas; and WHEREAS, the Small Scale FLUM amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission finds that the proposed Small Scale FLUM amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and City of Aventura Ordinance No. 2023- WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of the Small Scale Future Land Use Map Amendment. That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A", is hereby amended such that the Property shall now have the Future Land Use Map designation of High Density Residential (Exhibit "B"). Section 3. Conflicts.That all ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the City's Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map may be revised so as to accomplish such intention. Page 2 of 4 City of Aventura Ordinance No. 2023- Section 6. Effective Date. That this Ordinance shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this Ordinance may not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted Small Scale FLUM Amendment is in compliance. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2023- PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 4 of 4 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. 1W0627158.11 • ,.Z\k@WMM\x\XMM - J \ N♦I••♦♦I '•♦♦I�•♦♦I••COI'•♦♦I %i------♦''t♦i��♦i'iao✓%i%♦:♦io:♦i♦oi`�i`♦�i`�♦ai �. ♦i„♦i„♦ip♦i„♦i„� ♦i„of _ h T ♦oi♦♦oi♦♦oi ♦oi P1oi♦♦oi o 'r?i♦o� - - .i���� � � Q�� ♦ of of of of ei �-.. ��.`�♦�\\i.`. ` �i \ � r�i�i♦�♦o%��♦�i"♦oi♦i♦of • dui � � ei�i,��♦�ioi♦♦�♦i♦�'�♦i��i - ............. . 41 ............ �i♦tee __ I I ............. ....... a _ 1 al MEN 0 off r = r -1 . . r r • r � � a CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Request to Amend Section 31-143 of the Land Development Regulations to Add Transit Zone High Density Residential (RMF5) District City File No. LDR2305-0003 June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an amendment to Article VII. —"Use Regulations", Section 31-141 "Zoning districts" and Section 31-143, "Residential Zoning Districts" of the Land Development Regulations to add regulations for a new residential district, the Transit Zone High Density Residential (RMF5) District, to these sections. THE REQUEST The proposed zoning district would facilitate redevelopment of lands located within the transit corridor along Biscayne Boulevard and which are adjacent to existing higher density developments. The request is to add the new residential district to the City of Aventura (the City") Code of Ordinances to facilitate a current proposal involving TAL Aventura as presented to the City Commission on May 11, 2023, as well as potential future similar development proposals. The applicant's Letter of Intent is attached as Exhibit #1 of this report. BACKGROUND The City's Land Development Regulations (the "LDRs") Section 31-143 provides development guidelines for residential developments. Residential Single-Family Districts (RS1 and RS2), Multi-Family Medium Density Residential District (RMF3) and Multi- Family High Density Residential District (RMF4) were included and adopted in the City's original LDRs upon approval of Ordinance 99-09. Subsequently, the Land Development Regulations added Multifamily Medium Density Residential Districts RMF3A and RMF313 for properties on and around NE 188 Street to provide further residential development guidelines that will enhance and support the then proposed Town Center development. These existing multifamily districts allow densities ranging from 25 to 45 dwelling units per acre. The proposed district will allow densities of 75 dwelling units per acre and up to 90 dwelling units per acre upon Conditional Use approval. THE PROPOSED AMENDMENT The proposed amendment to Section 31-141 of the Land Development Regulations reads as follows' ARTICLE VII. - USE REGULATIONS Sec. 31-141. -Zoning districts. Conservation District (CNS) Residential Districts (R) Single-family Residential (RS1) Residential (RS2) Medium Density Residential (RMF3) Residential (RMF3A) Medium High Density Residential (RMF4) High Density Underlined text indicates insertions. Stricken-through text indicates deletions Transit Zone Residential (RMF5) The proposed amendment to Section 31-143 of the Land Development Regulations reads as follows2 Sec. 31-143. — Residential Zoning Districts. (g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: (h) Transit Zone High Density Residential Districts (RMF5). The following regulations shall apply to all RMF5 Districts. (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 75 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. All Uses permitted in the RMF4 District other than limited service hotels. (3) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31-144. d. Uses that exceed the density limitation, to a maximum of 90 dwelling units per gross acre. e. For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a preen roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. 2 Underlined text indicates insertions. Stricken-through text indicates deletions (4) Site development standards. a. Minimum lot area and width: 1. Duplexes, townhouses, low-and mid-rise [apartmentsl: As required in the RMF3 and RMF3A Zoning Districts. 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes: Two stories or 25 feet. 2. Townhouses: Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees)will not fall on any adjacent property except for public road rights- of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. c. Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. d. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Townhouse and duplexes: Principal structure, ten feet. Upon corner plots in all zoning districts included in this section there shall be a frontward as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii.Low-, mid- and high-rise apartments: 25 feet in depth. 3. Rear yards: Minimum of 25 feet. e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. f. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. g. Minimum open space: 40 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. h. Accessibility: All multi-family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. i. Floor area ratio: The floor area ratio shall not exceed the following, provided, however,that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 3 stor 0.80 4 stor 1.00 5 stor 1.20 6 stor 1.40 —Zit—or 1.60 —LLto—ry 1.80 9 storV or over 2.00 j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow the site development standards with the exception that any property on which the density allowed by the site development standards is exceeded by existing development, the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms, unless otherwise provided by expressly authorized conditional use approval. (5) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 2,000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or pate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF4 zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. ANALYSIS The proposed Transit Zone High Density Residential (RMF5) District, detailed above, has been drafted using the same guidelines as the other RMF districts but intended to guide higher density residential development to areas in close proximity to transit service, consistent with the goals and objectives of the City's Comprehensive Plan (the "Plan") and County's Rapid Transit Zone (RTZ) regulations. The applicant is proposing a residential development of 139 residential units in a 1.55- acre lot; therefore, approval of a density reaching 90 dwelling units per acre is required to fulfil the project's scope. The proposed text amendment will allow this density, subject to conditional use approval. The development proposal will also require approval to create a High-Density Residential Land Use Category on the Future Land Use Element of the Plan; amendment to the Comprehensive Plan Future Land Use Map (the "FLUM") to change the designation of the Property's residential land use category from Medium-High Density to High Density, and to the City's Zoning Map to change the designation of the Property from High Density Residential (RM4) to the Transit Zone High Density Residential (RM5) District. The applicant has submitted applications to amend the FLUM, the Plan and the City's Zoning Map to be processed concurrently, and which are the subjects of separate ordinances, on the June 6 Local Planning Agency and City Commission agendas. Section 163.3184 of the Florida Statutes provides that zoning changes required to properly enact any proposed plan amendment may be considered concurrently, but are contingent upon the comprehensive plan amendment transmitted becoming effective. If the proposed amendment to the Comprehensive Plan and Land Development Regulations is approved, the next step in the development process will be review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. Staff provides the following analysis of the proposed amendment, pursuant to the review standards of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. Upon approval of the amendment to the Plan's Future Land Use Map, the amendment creating the RMF5 would be legally required. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The intention of the amendment is consistent with the land use goal of providing "the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the City". The objectives of the High-Density Residential land use designation are described in the Future Land Use Element of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the LDR as it would implement further the Comprehensive Plan by establishing regulations, procedures and standards for review and approval of High Density residential designated Properties in the City. 4. The proposed amendment furthers the orderly development of the City. The limitation that RMF5 development will occur only adjacent to transit zones and existing development exceeding 60 units per acre furthers orderly and harmonious development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment includes a conditional use review by the City Commission for certain uses, which will ensure that developments are consistent with the will of the City. Bilzin Sumberg Brian S.Adler, Esq. Tel 305.350.2351 Fax 305.351.2206 badler(@bilzin.com I May 16, 2023 Mr. Keven Klopp i Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future Land Use Map, Land Development Regulations Text, and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC (the "Applicant") as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with our applications to amend the City of Aventura Comprehensive Plan text, Future Land Use Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive Plan") to create a "High Density" residential land use category as well as a corresponding City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment to Section 31-143 of the Land Development Regulations (a/k/a the Zoning Code) to create the RMF5 residential zoning district as well as a corresponding amendment to the City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed Amendments"). A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The Property is currently designated Medium-Density Residential on the Future Land Use Map and is currently zoned RMF4. The Property is located within Miami-Dade County's I MIAMI 10525158.3 100992/302121 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 Mr. Keven Klopp May 16, 2023 Page 2 Bilzin Sumberg SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located within one quarter mile of Biscayne Boulevard. Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family residential building known as Commodore Plaza, which includes 654 dwelling units on 8.5+/- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's Port, adjacent to the Property on the south is developed at approximately 90 dwelling units per acre. B. Proximity to Transit The creation of the "High Density" residential land use and zoning categories as proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and zoning map amendments) are consistent with both the goals and policies of the City's Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density" residential land use category would apply only to properties within one quarter mile of Biscayne Boulevard and which are also adjacent to existing developments that already exceed 60 dwelling units per acre. The City's FLUM already identifies the High Density Residential in the adjacent jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban Center District, allowing up to 250 residential dwelling units per acre. Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies the need for higher density residential areas to be located near transit service areas. Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies the promotion of public transit as a Transportation Goal. A County bus route runs along Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne Boulevard. Accordingly, tying the "High Density" residential land use category to a distance of one quarter mile from Biscayne Boulevard is consistent with the policies of the Comprehensive Plan, which aims to locate the highest levels of density near transit service areas. C. Compatibility Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that density and intensity of development should reflect existing development patterns. Page 14 of the Comprehensive Plan, when describing the "Redevelopment Element", emphasizes the importance of compatibility of new development and redevelopment with existing development..." By positioning the proposed "High Density" residential Land Use category adjacent to existing developments that already exceed 60 units per acre, compatibility with surrounding properties is taken into account, while subjecting review to conditional use approval to ensure compatibility is reviewed on a case by case basis. The MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 2023 Pagee 3 Bilzin Sumberg 3 proposed language and FLUM amendment prevent the "encroachment of incompatible uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal. The City's Comprehensive Plan currently provides for a maximum of 60 units per acre under the "Medium-High Density" residential land use category. The County has a "High Density" residential land use designation, which permits up to 125 units per acre (and contains other urban areas along the transit corridor that allow up to 250 dwelling units per acre). The County's Comprehensive Development Master Plan, page 34, indicates that the "High Density" residential land use designation is to be "located within certain municipalities where land costs are very high and where services will be able to meet the demands." This contemplates the proposed land use category in a location such as the City of Aventura. D. Housing Needs Additionally, numerous articles and studies highlight the shortage of housing in Florida, including South Florida and the continued need for housing, in part due to the influx of new residents to the state. Providing for a land use category that permits up to 90 units per acre in Aventura would be one way to address the housing shortage, particularly since Aventura is a desirable place to live for those moving from New York or California due to its diverse retail and restaurants. E. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF5 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. F. The Amendment to the Zoning Code Meets the Standards Set Forth Under City Code Section 31-77(g) In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is legally required. MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Page 4 � Bilzin Sumberg P Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the amendment creating the RMF5 would be legally required. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDR as it would implement further the Comprehensive Plan by establishing regulations, procedures and standards for review and approval of High Density residential designated Properties in the City. 4. The proposed amendment furthers the orderly development of the City. The limitation that RMF5 development will occur only adjacent to existing development exceeding 60 units per acre furthers orderly and harmonious development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment includes a conditional use review by the City Commission for certain uses, which will ensure that developments are consistent with the will of the City. G. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Pages ilzin Sumberg The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF5 designation will be limited to properties that abut existing developments that exceed 60 units per acre. 3. The subject property is physically suitable for the uses permitted in the proposed district. As it applies to the Property, which is 1.55 acres in size, the uses permitted in RMF5 are appropriate for the Property. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. In addition to the Property, City staff has identified other sites that are being rezoned for this use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would not adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 139 residential dwelling units generates only 48 AM peak hour trips and 56 PM peak hour trips where the proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over twice as many AM peak hour trips and more than three times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would not adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will be evaluated for concurrency as part of redevelopment of the site. MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Page 6 Bilzin Sumberg 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 139 residential dwelling units as opposed to a more intense commercial use. H. Requests The Property is currently designated "Medium-High Density" residential on the FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High Density" residential land use category in the Comprehensive Plan and re-designate the Property to "High Density" residential on the FLUM. Similarly, our client proposes to create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the proposed new residential Future Land Use Map designation. As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 139 residential dwelling units where 116 residential dwelling units would be permitted as of right in the RMF5 district. Additionally, our client will be seeking conditional use approval related to FAR and the shadow provision. I. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow that is carried through the parking garage to create a seamless flow in a truly unique shape, worthy of the approval for new development in Aventura. The 22-story structure includes a four-story pedestal consisting of a lined and screened parking deck with a connected curvilinear matching tower. The development MIAMI 10525158.3 100992/302121 Mr. Keven Klopp May 16, 2023 Page 7 Bilzin Sumberg has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. J. Conclusion The proposed modifications to the Comprehensive Plan, the Future Land Use Map, the land development regulation text, and the Zoning Map will allow this vacant and historically underutilized Property to transform into an iconic building that Aventura will be proud to feature in its City. The proposed development features 139 one-, two- and three- bedroom condominium homes that are both attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the Proposed Amendments. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Ve truly yours, Brian S. Adler MIAMI 10525158.3 100992/302121 EXHIBIT A Proposed Comprehensive Development Master Plan Amendment Land Use Element Objective 2 Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single- family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low- rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of 13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family developments in this category shall not exceed a density of 7.0 dwelling units per gross acre. Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre. The types of housing structure typically permitted in this category include townhouses and low-rise and medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited- Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses. MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM EXHIBIT B Sec. 31-143. Residential Zoning Districts. (h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS Districts. (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned,environmentally compatible high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 75 units per gross acre. (2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used in whole or part for other than one or more of the following specific uses: a. All Uses permitted in the RMF4 District other than limited service hotels. (2a) Conditional uses.The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. C. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31-144. d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre. e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and;that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site,all in an amount equal to the requested increased lot coverage. f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. (3) Site development standards. a. Minimum lot area and width: 1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and RMF3AZoning Districts. 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes:Two stories or 25 feet. 2. Townhouses:Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 1 of 3 Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. d. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified,and in addition thereto,a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-, mid-and high-rise apartments: 25 feet in depth. 3. Rear yards: Minimum of 25 feet. e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two,whichever is greater. f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit:800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered with any structure or off-street parking,and shall be landscaped and well maintained with grass, trees, and shrubbery. h. Accessibility:All multi-family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 2 of 3 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow the site development standards with the exception that any property on which the density allowed by the site development standards is exceeded by existing development,the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms, unless otherwise provided by expressly authorized conditional use approval. (4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must conform to the following requirements: a. Be of 2,000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate.Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF4 zoning district. Installation of any AST shall require a building permit from the City.Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines,the primary structure served by the AST,any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 3 of 3 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-143, "RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A NEW ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL (RMF5)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the " City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, in response to the request of Got183, LLC's request, the City Commission desires to amend Chapter 31, "Land Development Regulations", Section 31- 141, "Zoning districts", and Section 31-143, "Residential Zoning Districts" of the Code of Ordinances to provide for a Transit Zone High Density Residential (RMF5) District that will guide developments of higher density to properties in close proximity to mass transit services areas and near existing high-density multifamily developments (the "Proposed Amendment"); and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, The City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Section 31-141 and Section 31- 143 of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: City of Aventura Ordinance No. 2023- Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. That Section 31-141 "Zoning Districts" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows' ARTICLE VII. - USE REGULATIONS Sec. 31-141. -Zoning districts. Conservation District (CNS) Residential Districts (R) Single-family Residential (RS1) Residential (RS2) Medium Density Residential (RMF3) Residential (RMF3A) Medium High Density Residential (RMF4) High Density Transit Zone Residential (RMF5) Underlined text indicates insertions. Stricken-through text indicates deletions Page 2 of 8 City of Aventura Ordinance No. 2023- Section 31-143 "Residential Zoning Districts" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows2: Sec. 31-143.—Residential Zoning Districts. (g) Multifamily Medium Density Residential Districts(RMF3B).The following regulations shall apply to all RMF313 districts: (h) Transit Zone High Density Residential Districts (RMFS). The following regulations shall apply to all RMFS Districts. (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 75 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used,or land used in whole or part for other than one or more of the following specific uses: a. All Uses permitted in the RMF4 District other than limited service hotels. (3) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31-144. d. Uses that exceed the density limitation, to a maximum of 90 dwelling units per gross acre. e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree 2 Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates changes made between first and second reading. Page 3 of 8 City of Aventura Ordinance No. 2023- canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. (4) Site development standards. a. Minimum lot area and width: 1. Duplexes, townhouses, low-and mid-rise [apartments]: As required in the RMF3 and RMF3A Zoning Districts. 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes:Two stories or 25 feet. 2. Townhouses:Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) will not fall on any adjacent property except for public road rights-of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. c. Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. d. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Townhouse and duplexes: Principal structure, ten feet. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii.Low-, mid-and high-rise apartments: 25 feet in depth. 3. Rear yards: Minimum of 25 feet. e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. f. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit: 800 square feet. Page 4 of 8 City of Aventura Ordinance No. 2023- One bedroom unit: 900 square feet. Two bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. g. Minimum open space: 40 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. h. Accessibility: All multi-family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. i. Floor area ratio: The floor area ratio shall not exceed the following, provided, however,that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 storV or over 2.00 j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow the site development standards with the exception that any property on which the density allowed by the site development standards is exceeded by existing development, the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms, unless otherwise provided by expressly authorized conditional use approval. (5) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 2,000 gallons capacity or less. Page 5 of 8 City of Aventura Ordinance No. 2023- b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF4 zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and 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. That this Ordinance shall be effective immediately upon adoption on second reading. Page 6 of 8 City of Aventura Ordinance No. 2023- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. Page 7 of 8 City of Aventura Ordinance No. 2023-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 8 of 8 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Request to Amend the Official Zoning Map by Changing the Zoning Designation for the Property Located at 2785 NE 183 Street from Multifamily High-Density Residential District (RMF4), to Transit Zone High Density Residential District (RMF5) City File No. REZ2305-0001 June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an amendment to the Official Zoning Map to change the zoning designation of land located at 2785 NE 183 Street and legally described as Exhibit#1 (the "Property"), from Multifamily High-Density Residential District (RMF4), to Transit Zone High Density Residential District (RMF5). THE REQUEST The Applicant, Brian S. Adler, Esq. c/o Bilzin Samberg, on behalf of Got183 LLC, is requesting the rezoning of the Property to facilitate a development proposal involving TAL Aventura as presented to the City Commission on May 11, 2023. The applicant's Letter of Intent is attached as Exhibit #2 of this report. BACKGROUND The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27th Avenue, currently designated Medium-Density Residential on the Future Land Use Map and zoned RMF4 on the Official Zoning Map. The RMF4 district allows a density range of up to 45 dwelling units per acre. The applicant is proposing a 22-story residential tower featuring 139 units in a 1.55-acre lot, exceeding the allowed density of the RMF4 district. The feasibility of the development as proposed relies on changing the zoning designation of the Property to RMF5; this district will allow densities of 75 dwelling units per acre and up to 90 dwelling units per acre upon Conditional Use approval. ANALYSIS Amendments to the Official Zoning Map shall be consistent with the adopted Comprehensive Plan. To address the inconsistency, the proposed development is also required to be granted approval to create a High-Density Residential Land Use Category on the Future Land Use Element of the Comprehensive Plan; approval to amend the Comprehensive Plan Future Land Use Map (the "FLUM") to change the designation of the Property's residential land use category from Medium-High Density to High Density, and approval to amend the City's land Development Regulations (the "LDRs") to create the Transit Zone High Density Residential (RMF5) District. The applicant has submitted applications to amend the FLUM, the Comprehensive Plan and the LDRs to be processed concurrently, and which are the subjects of separate ordinances, on the June 6 Local Planning Agency and City Commission agendas. Section 163.3184 of the Florida Statutes provides that zoning changes required to properly enact any proposed plan amendment may be considered concurrently, but are contingent upon the comprehensive plan amendment transmitted become effective. If the proposed amendments are approved, the next step in the development process will be review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. Staff reviewed the proposed amendment to the Official Zoning Map pursuant to the review standards of the Land Development Regulations contained in Section 31-77(f) of the City Code as follow- (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's zoning designations and existing uses in that the RMF5 designation will be limited to properties that abut existing developments that exceed 60 units per acre. (3) The subject property is physically suitable for the uses permitted in the proposed district. As it applies to the Property, which is 1.55 acres in size, the uses permitted in RMF5 are appropriate for the Property. As illustrated by the design of the proposed building, attached as Exhibit#3 of this report, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. (4) There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The development is not part of an approved redevelopment plan. (6) The proposed change would adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 139 residential dwelling units generates only 48 AM peak hour trips and 56 PM peak hour trips. The site was previously occupied by 21,837 SF of medical office space generating 61 AM peak hour trips and 86 PM peak hour trips. The results of the trip generation comparison show that the proposed project will generate 67 more daily trips, 10 less AM peak hour trips, and 26 less PM peak hour trips when compared to the previously existing development. See attached trip generation comparison as Exhibit #4. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will be evaluated for concurrency as part of redevelopment of the site. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami- Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 139 residential dwelling units as opposed to a more intense commercial use. EXHIBIT filly LEGAL DESCRIPTION PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OFTHE SOUTHEAST 1/4OFTHE SOUTHWEST 1/4OFTHE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. 1W0627158.11 EXHIBIT#2 s4 Bilzin Sumberg Brian S.Adler,Esq. - 305.350,2351 305.351.2206 badlera, ilzin_�om May 16, 2023 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future Land Use Map, Land Development Regulations Text, and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got 183 LLC (the "Applicant") as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with our applications to amend the City of Aventura Comprehensive Plan text, Future Land Use Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive Plan") to create a "High Density" residential land use category as well as a corresponding City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment to Section 31-143 of the Land Development Regulations (alkla the Zoning Code) to create the RMF5 residential zoning district as well as a corresponding amendment to the City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed Amendments"). A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 271h Avenue. The Property is currently designated Medium-Density Residential on the Future Land Use Map and is currently zoned RMF4. The Property is located within Miami-Dade County's M IAM 110525158.3 100992/302121 BiIzin SL1mberg Baena Price&Axe Irtul 1.1,P 13�;o]i6AeII Ave 11Lie.2.1VJ F loor,NIianii. FIorida 33131-.'s4ih Tel 311.5.374.7.580 1 lax 305.374.7ti4.; I hilziti.cmll Mr.Keven Klopp 1 May16, 2023 Bllzln Sumberg Page 2 �. 1 SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located within one quarter mile of Biscayne Boulevard. Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family residential building known as Commodore Plaza, which includes 654 dwelling units on 8.5+1- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's Port, adjacent to the Property on the south is developed at approximately 90 dwelling units per acre. B. Proximity to Transit The creation of the "High Density" residential land use and zoning categories as proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and zoning map amendments) are consistent with both the goals and policies of the City's Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density" residential land use category would apply only to properties within one quarter mile of Biscayne Boulevard and which are also adjacent to existing developments that already exceed 60 dwelling units per acre. The City's FLUM already identifies the High Density Residential in the adjacent jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban Center District, allowing up to 250 residential dwelling units per acre. Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies the need for higher density residential areas to be located near transit service areas. Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies the promotion of public transit as a Transportation Goal. A County bus route runs along Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne Boulevard. Accordingly, tying the "High Density" residential land use category to a distance of one quarter mile from Biscayne Boulevard is consistent with the policies of the Comprehensive Plan, which aims to locate the highest levels of density near transit service areas. C. Compatibility Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that density and intensity of development should reflect existing development patterns. Page 14 of the Comprehensive Plan, when describing the "Redevelopment Element", emphasizes the importance of compatibility of new development and redevelopment with existing development..." By positioning the proposed "High ❑ensity" residential Land Use category adjacent to existing developments that already exceed 60 units per acre, compatibility with surrounding properties is taken into account, while subjecting review to conditional use approval to ensure compatibility is reviewed on a case by case basis. The MI AM 114525138.3 I OQ99213 02 1 2 1 Mr. Keven Klopp May i ,2Q23 3 Page 3 L Biizin Sumberg proposed language and FLUM amendment prevent the "encroachment of incompatible uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal. The City's Comprehensive Plan currently provides for a maximum of 60 units per acre under the "Medium-High Density" residential land use category. The County has a "High Density" residential land use designation, which permits up to 125 units per acre (and contains other urban areas along the transit corridor that allow up to 250 dwelling units per acre). The County's Comprehensive Development Master Plan, page 34, indicates that the "High Density" residential land use designation is to be "located within certain municipalities where land costs are very high and where services will be able to meet the demands."This contemplates the proposed land use category in a location such as the City of Aventura. D. Housinq Needs Additionally, numerous articles and studies highlight the shortage of housing in Florida, including South Florida and the continued need for housing, in part due to the influx of new residents to the state. Providing for a land use category that permits up to 90 units per acre in Aventura would be one way to address the housing shortage, particularly since Aventura is a desirable place to live for those moving from New York or California due to its diverse retail and restaurants. E. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF5 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. F. The Amendment to the Zoning Code Meets the Standards Set Forth Under City Code Section 31-77(g) In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is legally required. M 1AM1 10525158.3 100992/302121 Mr. Keven Klopp May's,2023 Bilzin Sumberg Page 4 Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the amendment creating the RMF5 would be legally required. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDR as it would implement further the Comprehensive Plan by establishing regulations, procedures and standards for review and approval of High Density residential designated Properties in the City. 4. The proposed amendment furthers the orderly development of the City. The limitation that RMF5 development will occur only adjacent to existing development exceeding 60 units per acre furthers orderly and harmonious development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment includes a conditional use review by the City Commission for certain uses, which will ensure that developments are consistent with the will of the City. G. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed Zoning Code amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF5 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. M IAMI 1052 5158.3 100992/302121 Mr.Keven Klopp May 16, 2423 5 Page 5 Bilzin Sumberg The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF5 designation will be limited to properties that abut existing developments that exceed 60 units per acre. 3. The subject property is physically suitable for the uses permitted in the proposed district. As it applies to the Property, which is 1.55 acres in size, the uses permitted in RMF5 are appropriate for the Property. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. In addition to the Property, City staff has identified other sites that are being rezoned for this use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would not adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 139 residential dwelling units generates only 48 AM peak hour trips and 56 PM peak hour trips where the proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over twice as many AM peak hour trips and more than three times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would not adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will be evaluated for concurrency as part of redevelopment of the site. M IAM 1 10525158.3 100992/302121 Mr.Keven Klopp May 96,2023 Page 8 .;= B11zin Sumberg 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 139 residential dwelling units as opposed to a more intense commercial use. H. Requests The Property is currently designated "Medium-High Density" residential on the FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High Density" residential land use category in the Comprehensive Plan and re-designate the Property to "High Density" residential on the FLUM. Similarly, our client proposes to create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the proposed new residential Future Land Use Map designation. As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 139 residential dwelling units where 116 residential dwelling units would be permitted as of right in the RMF5 district. Additionally, our client will be seeking conditional use approval related to FAR and the shadow provision. I. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow that is carried through the parking garage to create a seamless flow in a truly unique shape, worthy of the approval for new development in Aventura. The 22-story structure includes a four-story pedestal consisting of a lined and screened parking deck with a connected curvilinear matching tower. The development M IAMI 10525158.3 100992/302121 Mr.Keven Kfopp May 16,2023 7 Page 7 Bilzin Sumberg has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. J. Conclusion The proposed modifications to the Comprehensive Plan, the Future Land Use Map, the land development regulation text, and the Zoning Map will allow this vacant and historically underutilized Property to transform into an iconic building that Ave ntura will be proud to feature in its City. The proposed development features 139 one-, two- and three- bedroom condominium homes that are both attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the Proposed Amendments. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. i ruly yours, Brian S. Adler M IAM 1 10525158.3 100992/302121 EXHIBIT A Proposed Comprehensive Development Master Plan Amendment Land Use Element Objective 2 Policy 2.1 The Future Land Use map shall identify all residential land as one of the following Residential Land Use Categories: Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single- family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low- rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of 13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family developments in this category shall not exceed a density of 7.0 dwelling units per gross acre. Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre. The types of housing structure typically permitted in this category include townhouses and low-rise and medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes and townhouses. Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited- Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to alleviate impacts that will adversely impact service levels and quality of life. High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this category, the height of buildings, and, therefore, the attainment of densities approaching the maximum, MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM depends to a great extent on the dimensions of the site, conditions such as location and availability of services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas.The type of housing structure typically permitted in this category includes low, medium and high-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes, and townhouses. MIAMI 10448043.2 100992/302121 5/16/2023 1:56 PM EXHIBIT B Sec. 31-143. Residential Zoning Districts. (h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS Districts. (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned,environmentally compatible high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 75 units per gross acre. (2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used in whole or part for other than one or more of the following specific uses: a. All Uses permitted in the RMF4 District other than limited service hotels. (2a) Conditional uses.The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. C. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31-144. d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre. e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and;that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site,all in an amount equal to the requested increased lot coverage. f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. (3) Site development standards. a. Minimum lot area and width: 1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and RMF3AZoning Districts. 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes:Two stories or 25 feet. 2. Townhouses:Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 1 of 3 Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. d. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified,and in addition thereto,a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-, mid-and high-rise apartments: 25 feet in depth. 3. Rear yards: Minimum of 25 feet. e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two,whichever is greater. f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit:800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered with any structure or off-street parking,and shall be landscaped and well maintained with grass, trees, and shrubbery. h. Accessibility:All multi-family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 2 of 3 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow the site development standards with the exception that any property on which the density allowed by the site development standards is exceeded by existing development,the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms, unless otherwise provided by expressly authorized conditional use approval. (4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must conform to the following requirements: a. Be of 2,000 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate.Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF4 zoning district. Installation of any AST shall require a building permit from the City.Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines,the primary structure served by the AST,any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. MIAMI 10447813.2 100992/302121 5/5/2023 3:34 PM Created: 2023-03-14 12:45:34 [EST] (Supp. No.45) Page 3 of 3 d{ k 4 _ a IIF� - Vw `fir k ft Ao- 4 ` ME 94� 11 fir,, c Y 3 MIA ■ r PLUMMER ' ■ TRAFFIC ENGINEERING-CIVIL TRANSPORTATION 1750 PONCE DE LEON BOULEVARD I CORAL.GABLES,FLORIDA 33134 305.447.09001 DPAODPLUMMER.COM May 16, 2023 Matt Rosenblatt GOT 183, LLC 3802 NE 207 Street,Unit 2802 Aventura, FL 33180 (646) 775-1155 (m) mgotflippedggmail.com RE: TAL Aventura Traffic Statement-#22123 Dear Matt, The proposed TAL Aventura project is located at 2785 NE 183rd Street in Aventura, Florida. The project is proposing a residential development consisting of 139 dwelling units. The site was previously occupied by 21,837 SF of medical office. However,the maximum allowable under the existing zoning is 43,800 SF of medical office space. Access to the project site will be provided via two,two-way driveways. One driveway will be located along NE 183rd Street and one driveway will be located along an internal roadway parallel to NE 183rd Street. The proposed site plan is available in Attachment A. Trip Generation A trip generation comparison was conducted to determine the net new project trips of the proposed project when compared to the previously existing and maximum allowable development programs. The proposed and approved project trip generation was calculated based on the rates / equations published by the Institute of Transportation Engineers(ITE)Trip Generation Manual, I Ith Edition. This manual provides gross trip generation rates and/or equations by land use type. These rates and equations estimate vehicle trip ends at a free-standing site's driveways. (Trip generation worksheets are available in Attachment B.) The US Census Bureau provides data on other means dP® Since 1978 of transportation. Census survey data shows a 4.8% use of other modes of transportation (2.1% transit, 1.1% walk, and 1.6% bike) for Census tract 1.31. Trip generation calculations were performed for a typical weekday, as well as, AM and PM peak hours of the adjacent street (see Attachment B).The proposed project,previously existing, and maximum allowable trip generation calculations are summarized in Exhibit 1.Exhibit 2 summarizes the net trip difference between the development programs. Exhibit 1 Project Trip Generation Summary Proposed Proposed ITE Land Use Number Daily AM Peak Hour PM Peak Hour Designation) of Units Vehicle Vehicle Trips Vehicle Trips Trips In Out Total In Out Total Multifamily Housing(High-Rise) 139 DU 900 13 37 50 37 22 59 Land Use Code: 222 Total Gross Trips 900 1 13 37 50 1 37 22 59 Other Modes of Trans ortation2 4.8% -43 1 -1 1 -2 1 -2 1 -2 1 -1 -3 Net Proposed Trips 1 857 1 12 1 35 1 48 1 35 1 21 56 Based on ITE Trip Generation Manual, 1lth Ed. Based on US Census(tract 1.31)And Local Characteristics. Previously Existin Previously Existing ITE Land Number Daily AM Peak Hour PM Peak Hour Use Designation' of Units Vehicle Vehicle Trips Vehicle Tri s Trips In Out Total In Out Total Medical-Dental Office Building 21,837 SF 830 48 13 61 26 60 86 Land Use Code: 720 Total Gross Trips 830 48 13 61 1 26 60 86 Other Modes of Trans ortation2 4.8% -40 1 -2 1 -1 1 -3 1 -1 1 -3 -4 Net Proposed Trips 790 46 1 12 1 58 1 25 1 57 1 82 Based on ITE Trip Generation Manual, 1lth Ed. Based on US Census(tract 1.31)And Local Characteristics. Maximum Allowable Maximum Allowable ITE Land Daily AM Peak Hour PM Peak Hour Number Vehicle Vehicle Trips Vehicle Trips Use Designation' of Units Trips In Out Total In Out Total Medical-Dental Office Building 43,800 SF 1,774 91 24 115 53 123 176 Land Use Code: 720 Total Gross Trips 1 1,774 91 24 115 1 53 123 176 Other Modes of Trans ortation2 4.8% -85 1 -4 1 -1 1 -6 1 -3 1 -6 -8 Net Proposed Trips 1 1,689 1 87 1 23 1 109 1 50 1 117 168 Based on ITE Trip Generation Manual, 1lth Ed. Based on US Census(tract 1.31)And Local Characteristics. Re:TAL Aventura Traffic Statement Analysis-#22123 Page 2 P® Since 1978 Exhibit 2 Net Trip Difference Between Development Programs Proposed vs Previousl Existin Trip Difference Daily AM Peak Hour PM Peak Hour Scenario Vehicle Vehicle Trips Vehicle Tri s Trips In Out Total In Out Total Proposed 857 12 35 48 35 21 56 Previously Existing -790 -46 -12 -58 -25 -57 -82 Net New Vehicle Trips 67 -33 23 -10 10 -36 -26 Proposed vs Maximum Allowable Trip Difference Daily AM Peak Hour PM Peak Hour Scenario Vehicle Vehicle Trips Vehicle Trips Trips In Out Total In Out I Total Proposed 857 12 35 48 35 21 56 Maximum Allowable -1,689 -87 -23 -109 -50 -117 -168 Net New Vehicle Trips -832 -74 12 -62 -15 -96 -111 Conclusions The results of the trip generation comparison show that the proposed project will generate 67 more daily trips, 10 less AM peak hour trips, and 26 less PM peak hour trips when compared to the previously existing development. The results also show thatthe proposed project will generate 832 less daily trips, 62 less AM peak hour trips, and 111 less PM peak hour trips when compared to the maximum allowable development. Since the proposed project generates less than 100 net new two-way vehicle trips during the AM and PM peak hours, the project will not affect the level of service (LOS) of the adjacent roadway network. We stand ready to provide any support needed for this project. Should you have any questions or comments, please call me at(305) 447-0900. Si/Espfflinosa, Ju E Vice-President— Transportation w:A22\22123\trip gen\tal aventura traffic letter may 2023.docx Re:TAL Aventura Traffic Statement Analysis-#22123 Page 3 P� Since 197a CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY RESIDENTIAL DISTRICT (RMF5); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31 "Land Development Regulations", Article V Development Review Procedures", Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of Got183 LLC, through Application No. REZ2305-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation of the 1.55 acre parcel of land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27th Avenue, from RMF4, High Density Residential District, to RMF5, Transit Zone High Density Residential; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the rezoning application and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. City of Aventura Ordinance No. 2023- Section 2. Official Zoning Map Amended. That pursuant to Chapter 31 "Land Development Regulations", Article V "Development Review Procedures", Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Official Zoning Map of the City of Aventura is hereby amended to change the zoning designation for the Property, legally described in Exhibit "A", from RMF4, High Density Residential District, to RMF5, Transit Zone High Density Residential. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Revision of Zoning Map. That it is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised to accomplish such intentions (Exhibit "B"). Section 5. Disclaimer and Condition. That pursuant to Section 166.033, Florida Statutes, all applicable state and federal permits must be obtained before commencement of the development. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of a development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. That this Ordinance shall be effective upon approval by the Florida Department of Economic Opportunity of the Future Land Use Map designation amendment for the property from Medium High Density to High Density Residential. Page 2 of 4 City of Aventura Ordinance No. 2023- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. Page 3 of 4 City of Aventura Ordinance No. 2023-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 4 of 4 EXHIBIT "Al' LEGAL DESCRIPTION PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. 1W0627158.11 EXHIBIT "B" AVENTURA ZONING MAP ®® MO ROS cF ROS R MO RMF3 CNS RS2 RMF3 B2 RMF3 RMF4 C3 ®p c D MA WE 897TM M RMF4 RMF3 CNS N DR I CM R ® B2 rRMF4 ,� D CF RMF3 �p�W_ RMF4 U RMF3 � RMF4 RMF3 RS2 CF B2 ROS RMF4 B2 RMF4 RS1 RESIDENTIAL SINGLE—FAMILY RS2 SINGLE—FAMILY RESIDENTIAL RMF4 WM PENMAN 0 CF MULTI—FAMILY MEDIUM DENSITY RESIDENTIAL E 192ND ST RMF4 RMF4 RMF3A MULTI—FAMILY MEDIUM DENSITY RESIDENTIAL CF ROS RMF3B MULTI—FAMILY MEDIUM DENSITY RESIDENTIAL wI9M ST RMF4 MULTI—FAMILY HIGH DENSIT RESIDENTIAL RMF3 RMF5 TRANSIT ZONE HIGH DENSITY RESIDENTIAL TCI RMF3 CF CNS RMF M RO RMF3B B1 NEIGHBORHOOD BUSINESS B2 COMMUNITY BUSINESS RMF RS2 B3 HEAVY BUSINESS B2 x U RMF3 i TOWN CENTER RMF4 193 ST _ TOWN CENTER MARINE RMF4 _ TOWN CENTER NEIGHBORHOOD _ TOWN CENTER OFFICE PARK MIXED USE _ OFFICE PARK B2 MO MEDICAL OFFICE RMF4 RMF3A M1 LIGHT INDUSTRIAL CF COMMUNITY FACILITIES ROS RECREATION OPEN SPACE Note: Enabling amendments having been adopted,the following CNS CONSERVATION CNS revisions have been made: U UTILITIES Revision Date Ordinance No. Revision Date Ordinance No. 819/00 2000-03/04/05 7/10/12 2012-08 1/8/02 2002-02 215/13 2013-02 315/02 2002-10 214/14 2014-13 315/02 2002-06 7/7/15 2015-06 315/02 2002-08 11/7117 2017-14 Adopted July 1999 912/03 2003-10*RMF4 Zoning 3/6/18 10/6/20 2018-102 limited to 45 d.u.a. 3126/04 2004-01 5/4/21 2021-04 611/04 2004-11 10/5/21 2021-19 11/1/05 2005-16 7/19/22 2022-13 10/3/06 2006-16 3113/07 2007-06 7/10/07 2007-11 6129/09 2009-13 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson p City Manager BY: Keven R. Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Request for Release from the Declaration of Restrictive Covenant Requirement Set Forth in Ordinance No. 2013-12 June 6, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the request for release from the declaration of restrictive covenant requirement set forth in Ordinance No. 2013-12 to facilitate the residential development known as Aventura Harbor on land located at 20605 NE 34 Street. THE REQUEST The applicant, Alan S. Rosenthal, Esq., on behalf of Aventura 34th Av LLC and GPuertoazul LLC, is requesting release from the restrictions posed by the Declaration of Restrictive Covenant set forth by Ordinance No. 2013-12, intended to restrict the allowed density of a parcel of land located at 20605 NE 34 Avenue (the "Property") to no more than five (5) residential dwelling units, in order to facilitate the development of 22 residential units in a LEED Gold certified building. See Exhibit #1 Letter of Intent. BACKGROUND OWNER OF PROPERTY Aventura 34th Av LLC GPuertoazul LLC APPLICANT Alan S. Rosenthal, Esq. Rosenthal, Rosenthal, Rasco ADDRESS OF PROPERTY 20605 NE 34 Street (See Exhibit#2 for Location Map) SIZE OF PROPERTY Approximately 0.51 acres (5.86 acres including submerged lands). LEGAL DESCRIPTION Aventura Villas PB 168-067 T-23010 TR A (see Exhibit #3 for complete legal description) The Site -The existing site consists of a vacant upland parcel of approximately 0.51 acres and submerged lands of approximately 5.35 acres. The upland is situated on the northeast intersection of N. Country Club Drive and NE 34 Avenue; to the east there is a surface parking lot serving the Ensenada Condominium residential tower and a marina exists to the north. The submerged land is situated to the northeast of the previously mentioned marina and parking lot, and to the south of NE 207 Street. The Project - The applicant has applied for Administrative Site Plan Review Approval (ASPA) for the construction of a 106,912 square foot, 15-story, LEED Gold certified building. Additionally, the applicant is proposing 1,350 feet of floating boat docks for the exclusive use of the building's residents and a sailing school and/or dock for a City of Aventura Police Boat to the east end of the docks to be operated by the City of Aventura. A rendering of the proposed building is attached as Exhibit #4. Concurrent with this request, the applicant has requested variance from height under Application No. VAR2305-0001 and conditional use approval for increased floor area ratio under Application No. CUP2305-0002. The Administrative Site Plan Approval Application No. SP2305-0001 is currently under review by City staff together with variances for reduced setbacks and driveway dimensions to be reviewed administratively under the ASPA process pursuant to Section 14-115(I)(iv) of the Green Building Program. The request for release from the 5-unit restriction will facilitate the construction of a residential building of 22 residential units. The property is zoned Multifamily Medium Density Residential (RMF3A). Site development standards for this district allow densities of up to 45 dwelling units per acre, allowing a density of 22 dwelling units on the 0.51- acre Property. The proposed density is consistent with the allowed density and character of the immediate neighborhood. For this reason, it is recommended that the release from the restrictions posed by the declaration of restrictive covenant set forth in Ordinance No. 2013-12 be granted, subject to the following conditions: Plans shall substantially comply with those submitted as follows: ■ Architectural Plans for Aventura Harbor, Sheets A0.00 through A5.01, prepared by Kobi Karp on 04/28/2023. ■ Civil Plans for Aventura Harbor, Sheets C100 through C400, prepared by Kobi Karp, signed and seal by Walter M. Lugo on 04/17/2023. 2 ■ Landscape Plans for Aventura Harbor, Sheets 1-0.00 through L4.01, prepared by Christopher Cawley for Kobi Karp on 02/20/2023. 3 ROSENTHAL ROSENTHAL -RASCO May 1, 2023 ATTORNEYS AT L A W Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Letter of Intent Re: Aventura Harbor Public Hearing Application For Variance or Modification of Condition of Variance Dear Mr. Klopp The Applicant, Alan S Rosenthal, Esq., represents Aventura 34t"Av, LLC and GPuertoazul LLC, the current owners of the property described in the Survey contained in the Plans submitted herewith. The Survey (three pages) covers the upland property where the proposed Development is to be constructed and the canal property, which shall contain the docks. Attached to this Letter of Intent is an Opinion of Title covering the Surveyed Property. Before providing you with the details of this proposed Development ("Aventura Harbor") I believe it important for you to know some of the history of this undeveloped property which the previous owners, and for the past 12 years my clients, who have tried to develop the property without success. In that regard there were one or two Developments that were approved by the City Commission, the last one being my clients' Development, which was a five story condominium building containing one condominium unit on each floor and five boat docks on the north side of the canal property. To accommodate that approved Development the upland property was rezoned from RMF-3 to RMF-3A. Unfortunately due to the cost required to build and the cost of the land the units were not salable at a price anyone was willing to pay. As a result the only use of the Property that was ever a reality was a Passive Park called the"GEORGE BERLIN PARK"which ceased to exist when the owners started to market the approved Development. Several years ago,and after the approved developments failures,the current owners approached me with what they thought would be a viable Development that would be acceptable to the City,and at a cost that would be acceptable to prospective purchasers. Over the years that followed there were many proposed Development plans that were presented to Joanne Carr,the previous Development Director,then to you, and to the City Manager for your review and opinions, none of which were "HOMERUNS". Finally my clients retained a well-known design group who scaled down the previous proposals that contained greater density and height to a Development of 22 condominium units in a 15 story building 192 feet high with a dock for each unit and a Passive Park for Aventura residents. After you and the Manager apparently liked what you saw you agreed to allow this new Development(hereinafter known as"Aventura Harbor") to be placed on a City Commission Workshop agenda. Notwithstanding the foregoing, I had the feeling that the Key West designed building being proposed was not what you or the Manager really wanted for One Aventura,20900 N.E. 300'Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 the design of the building, whereupon the proposed purchasers of the upland and canal property "VYV Investment, LLC" retained a well- known architect, Kobi Karp,to redesign the building which finally hit the "HOMERUN" we were looking for in an exciting and Magnificent Modern Innovative Building! It was at this juncture that we appeared before the City Commission at one of its workshops where the proposed Development was reviewed and well accepted with some caveats that I believe have been addressed by Kobi Karp in the plans submitted with this Letter of Intent! With regard to the contemplated construction of Aventura Harbor, one variance that requires City Commission approval is for the height of the building, and the number of stories as the property is zoned RMF-3A, which allows for 7 stories or 80 feet in height, while Aventura Harbor is 15 stories and 192 feet in height. With regard to this difference it must be remembered that older buildings had 8 foot ceilings; 6 foot doors; 10 to 12 foot lobbies; 1 foot to 1 1/2 feet between floors; smaller air conditioning ducts for smaller air conditioning units; smaller water pipes for smaller water heaters; and smaller electrical pipes for less electrical service required, et al. To accommodate today's requirements for construction 10 foot ceiling heights are a minimum requirement; interior doors are eight 8 feet high; lobbies are 18 to 24 feet high; the space between floors is 2 1/2 to 3 feet to accommodate larger ducts for larger air conditioning units; larger water pipes for more exotic bathrooms, and the accessories contained therein; larger pipes for electrical service to provide electric for new and previously unknown electronic items, including commodes that have heated seats containing washing and drying mechanisms, and yes even music to listen to while sitting on padded seats! In essence you cannot construct a 7 story building in 80 feet and sell it in South Florida, let alone in Aventura where 7 stories would have to be a minimum of 125 feet to be viable. Notwithstanding my clients' Architects have put 15 stories into 192 feet, which I believe to be miraculous with all the amenities, etc. he has incorporated into Aventura Harbor. In addition, it is respectfully suggested that many of the buildings to the east and west of Aventura Harbor are high-rise towers that are equal to or exceed the height of Aventura Harbor, and far exceed the proposed density of Aventura Harbor. As an example, the building immediately to the east of Aventura Harbor, Ensenada, contains 276 units which is a density that is more than 12 times Aventura Harbor. I believe it is important to note that there are no parking variances requested as this Development plan provides for 92 parking spaces (inclusive of 24 lifts, 2 handicap spaces, and 5 guest spaces) where 49 spaces (inclusive of 44 parking spaces, 3 guest spaces, and 2 handicap spaces) are required by Code. In addition the Traffic Engineer retained by my clients has provided their Traffic Study to the City for its review,and the review of the City's Traffic Engineer.The Report submitted provides that this Development will generate a total of six and seven net trips during the AM and PM peak hours respectively.The studied intersection of NE 34'" Avenue and North Country Club Drive is currently operating at acceptable LOS D or better and will continue to do so with the new traffic generated by this Development. Further that sufficient roadway capacity exists to support the subject Development nor will this new Development increase the LOS beyond the acceptable threshold. Basically the Traffic Study shows the traffic generated by this Development will not adversely affect the subject intersection. Finally with respect to the usage of the docks,each dock will be owned by one of the unit owners and will be solely for their own exclusive use only.The docks may not be utilized by any boats except those owned by the unit owners and unit owners will not be authorized to lease or rent their docks. Docks will not be able to be sold without the purchaser of the dock purchasing the unit in the building that owns the dock and units in the building cannot be sold without the dock being sold contemporaneously with the unit. Unit owners may not enter into any commercial venture wherein the docks are utilized contrary to the foregoing or attempt to circumvent the foregoing regulations pertaining to the docks in any fashion. (W0626672.1) 2 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 30'Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 The sailing school that that may be developed at the East End of the docks being constructed at Aventura Harbor shall be for children under the age of 18 years and will be operated by the City of Aventura or its duly authorized agent. In that regard storage racks may be constructed on the docks allocated for sailing school storage of not more than 12 small sailboats(dinghys) utilized in connection with the sailing school. The sailing school dock spaces will be leased to the City by the Condominium Association or the owners, as the case may be. The rent paid by the City to the Condominium Association or the Owner shall be$10 per year payable in advance and subject to the terms and conditions of a lease acceptable to the City and to the owner or the Condominium Association. Based upon the foregoing it is respectfully suggested that the variance requested herein in order to develop Aventura Habor should be unanimously approved by the Commission as it has no deleterious effect on the City, the City's residents or those living nearby. To the contrary Aventura Harbor will in fact be highly beneficial to the City and its residents, including the children who will benefit from learning how to sail, and those residents who walk through the Passive Park provided and maintained for Aventura residents to venture into. Respectfully submitted, ; 7 ROSENTHAL ROSE AL ASCO LLC 7 BY AN S. ROSENTHAL ASR:cw Enclosures 1W0626672 11 3 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301"Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 City of Aventura EXHIBIT#2 5 858 SW 1 st St SW 2nd St c i " Halldndale NIs/es 01 � G u I fstrea m � s i Park Golden Isles D ke A1A s � 1 D I i Sun Swept Holiday Dr 1—————- -County Line-Rd Isles ----1`—t�����=vs_----L=�=�=�_�=�=� ! 1 �j NE 213th St I � z I 1 m , w 1 > 1 1 Aventura 1 v a Highland Oaks I N Co t. Park 1 oO Club Dr L 1 I w O 2 , 1 0 I 1 � 1 1 NE 203rd St 1 1 z 1 1 m , 1 1 1 St 1 1 / NE 199th St f0 1 Don Soffer / 1 Exercise Trail I , Tu rn berry Isle I E 197th Ter 1 Golf Course I/ Golden Beach 1 Aventura Mall Aventura / , 1 1 / � Rehm an CswY � 1 I 1 / 1 / 1 I I NE 190th St / z , / > I I d ¢ D NE 186th St / I I m / / I I NE 783rd St / I / / I / I I I Greynolds Park s �I I St / 'c",Eas t V1 I 2 Greynolds Park Golf Course ' ♦� _—/ > m �—�-, ♦� � NE 171 st St i NE 170th St .o I ♦ u y I i NE 169th St z , � 1 m I i m Sunny Isles rth Miami I naoule ♦Loke w Beach Beach ' a ♦ 5 D 1 I N Intracoastal NE 168th St Mall NE 167th St 826 t Glades Dr NE / 164th St "z antic Isle NE 1631d St NE 161 st St r 7P 3 w P h Ter o -1 909 Oleta River 5/25/2023 ..._.._.._. Property Boundary 1:24,633 0 0.25 0.5 1 mi Municipal Zone-RMF3A Municipal Zone-CNS 0 0.4 0.8 1.6 km r———I Sources:Esri,Airbus IDS,USGS,NGA,NASA,CGIAR,N Aventura Municipal Boundary O Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen,jkswaterstaa Rit, GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Gannon,FAO, EXHIBIT#3 LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) IS A - OY �Y `it (ti �(�� �a l._ N t�' �� • _ 14T },r AAIL 41. fr lIII� �! _ i i - r � IE- N CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELEASING THE DECLARATION OF RESTRICTIVE COVENANT REQUIREMENT SET FORTH IN ORDINANCE NO. 2013-12 INTENDED TO RESTRICT THE ALLOWED DENSITY ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE IN THE CITY OF AVENTURA TO NO MORE THAN FIVE (5) RESIDENTIAL DWELLING UNITS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC, on behalf of Aventura 34t" Ave LLC and GPuertoazul LLC, ("Applicant") is requesting release from the Declaration of Restrictive Covenant requirement set forth in Ordinance No. 2013-12 intended to restrict the allowed density on a parcel of land located at 20605 NE 34 Avenue (the "Property") in the City of Aventura to no more than five (5) residential dwelling units; and WHEREAS, the Property is zoned RMF3A, Multifamily Medium Density Residential District, which allows densities of 45 dwelling units per acre; and WHEREAS, the Property consists of 0.51 acres of land and is allowed to build 22 dwelling units under the City's Land Development Regulations; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the request meets the criteria of the applicable codes and ordinances and it is in the best interest of the City to release the Applicant from the Declaration of Restrictive Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The request for release from the Declaration of Restrictive Covenant requirement set forth in Ordinance No. 2013-12 intended to restrict the allowed density to no more than five (5) residential dwelling units, on property legally described in Exhibit "A", is hereby granted exclusively to the Applicant, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: • Architectural Plans for Aventura Harbor, Sheets A0.00 through A5.01, prepared by Kobi Karp on 04/28/2023. City of Aventura Resolution No. 2023- • Civil Plans for Aventura Harbor, Sheets C100 through C400, prepared by Kobi Karp, signed and sealed by Walter M. Lugo on 04/17/2023. • Landscape Plans for Aventura Harbor, Sheets 1-0.00 through L4.01, prepared by Christopher Cawley for Kobi Karp on 02/20/2023. 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. The issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this 6th day of June, 2023. Page 2 of 3 City of Aventura Resolution No. 2023- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Request for Conditional Use Approval for a Project Proposed at 20605 NE 34 Street (the "Property") (Aventura Harbor— File No. CUP2305-0002) June 6, City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to facilitate the residential development known as Aventura Harbor on land located at 20605 NE 34 Street. THE REQUEST The applicant, Alan S. Rosenthal, Esq., on behalf of Aventura 34t" Av LLC and GPuertoazul LLC, is requesting Conditional Use approval pursuant to Section 31- 143(e)(2a)c of the Land Development Regulations (LDRs) to permit a floor area ratio (FAR) of 4.8 where the LDRs permit a maximum floor area ratio of 1.5 on a seven-story building, for the development of a residential building to be constructed pursuant to the City's Green Building Program, Chapter 14, Article VI of the LDRs. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura 34th Av LLC GPuertoazul LLC APPLICANT Alan S. Rosenthal, Esq. Rosenthal, Rosenthal, Rasco ADDRESS OF PROPERTY 20605 NE 34 Street (See Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 0.51 acres (5.86 acres including submerged lands). LEGAL DESCRIPTION Aventura Villas PB 168-067 T-23010 TR A (see Exhibit #3 for complete legal description) Zoning — Subject Property: RMF3A - Multifamily Medium Density Residential Properties to the North: CNS - Conservation Properties to the South: ROS - Recreation Open Space Properties to the East: RMF4 - Multifamily High Density Residential Properties to the West: RMF4 - Multifamily High-Density Residential Existing Land Use — Subject Property: Vacant Land Properties to the North: Marina Properties to the South: Recreational Properties to the East: Residential Condominium Properties to the West: Residential Condominium Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Medium-High Density Residential Property to the North: Water Property to the South: Parks and Recreation Property to the East: Medium-High Density Residential Property to the West: Medium-High Density Residential The Site — The existing site consists of a vacant upland parcel of approximately 0.51 acres and submerged lands of approximately 5.35 acres. The upland is situated on the northeast intersection of N Country Club Drive and NE 34 Avenue; to the east there's a surface parking lot serving Ensenada Condominium residential tower and there's a marina to the north. The submerged land is situated to the northeast of the previously mentioned marina and parking lot, and to the south of NE 207 Street. The Project - The applicant has applied for Administrative Site Plan Review Approval (ASPA) for the construction of a 106,912 square foot, 15-story, LEED Gold certified building. In addition, the applicant is proposing 1,350 feet of floating boat docks for the exclusive use of the building's residents and a sailing school to the east end of the docks to be operated by the City of Aventura. The applicant has requested conditional use 2 approval pursuant to Section 31-143(e)(2a)c of the Land Development Regulations (LDRs) to permit a floor area ratio (FAR) of 4.8 where the LDRs permit a maximum floor area ratio of 1.5 on a seven-story building. A rendering of the proposed building is attached as Exhibit #4. The Administrative Site Plan Approval Application No. SP2305-0001 is currently under review by City staff together with variances for reduced setbacks and driveway dimensions to be reviewed administratively under the ASPA process pursuant to Section 14-115(I)(iv) of the Green Building Program. Other than the Conditional Use requested, the applicant is requesting a variance to allow a height of 15 stories when a maximum of 7 stories is allowed by Code under application No. VAR2305-0001. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Medium-High Density Residential. Citizen Comments — The Community Development Department has received a few citizen comments in opposition to the proposal. Notice of the public hearing has been advertised in a newspaper of general circulation and mailed to all property owners within a 300-foot radius of the site not less than 10 days prior to the hearing. A public notice sign has been posted on the site no later than 10 days prior to the hearing. Community Development Department Analysis-The development parcel is located in the Multifamily Medium Density Residential (RMF3A) zoning district. Multi-family residential buildings are permitted uses in the RMF3A zone. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Medium-High Density Residential. The Medium-High Density Residential future land use category allows a range of densities from 25 to 60 dwelling units per gross acre. The project is proposing a density of 43 dwelling units per acre. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. The uses proposed are the same uses that exist in the surrounding properties. 3 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood is comprised of high density multifamily residential buildings. The proposed development is consistent with the community character of the immediate neighborhood. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. The proposed use will not change the current levels of service required. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Traffic studies show that the intersection of NE 34 Avenue and N Country Club Drive is currently operating at acceptable Level of Services and will continue to do so with the new traffic generated by this development. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The design of the proposed use minimizes 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. Green Building design elements will minimize adverse effects on the environment CONDITIONS OF APPROVAL Based on the Analysis above, the application is found to meet the criteria for approval of conditional uses in Section 31-73(c). Staff therefore recommends approval with the conditions contained in this staff report. 4 1. Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department on May 3, 2023 under application No. SP2305-0001, unless otherwise subsequently amended by ASPA as follow: ■ Architectural Plans for Aventura Harbor, Sheets A0.00 through A5.01, prepared by Kobi Karp on 04/28/2023. ■ Civil Plans for Aventura Harbor, Sheets C100 through C400, prepared by Kobi Karp, signed and seal by Walter M. Lugo on 04/17/2023. ■ Landscape Plans for Aventura Harbor, Sheets L0.00 through L4.01, prepared by Christopher Cawley for Kobi Karp on 02/20/2023. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12-month approval period. 3. Prior to issuance of a building permit by the City for the proposed development, the applicant shall- (i) enter into and record in the Public Records of Miami-Dade County, at its expense, and in form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs as approved by the City's Building Official to guarantee attainment of LEEDO Gold certification by the US Green Building Council. 4. Applicant agrees allow public access to the walkway along the east and north sides of the building, providing a view access to the marina for the public. This "Green Paseo" view corridor shall substantially comply with the design elements provided on Site Plan A2.01 prepared by Kobi Karp on 04/11/2023. It shall remain open to the public during daylight hours without exception. Access may be restricted from dusk to dawn. 5. Developer shall provide security cameras on site as specified by, and for use by, the Aventura Police Department. Such cameras shall be installed and operational prior to the issuance of a certificate of occupancy of any type. 6. Floating boat docks shall be for the exclusive use of the building's residents; unit owners will not be authorized to lease or sell their docks. 7. Developer shall provide a 60' portion of the floating dock to the City of Aventura for use by Aventura Police Department Marine Patrol and/or a sailing school. The sailing school to be developed at the east end of the docks shall be for children under the age of 18 years and shall be operated by the City of Aventura or its duly authorized agent. 5 8. Developer shall fund the purchase of a City of Aventura Police Department Patrol Vehicle, cost not to exceed $85,000. Payment due prior to issuance of a building permit for vertical construction. This contribution is in addition to and not in lieu of the payment of Police Impact fees. DISCLAIMER AND CONDITION Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. 6 EXHIBIT#1 TVj I M11: - r" ROSENTHAL ROSENTHAL RASCO- May 1,2023 ATTORNEYS AT LAW Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Letter of I me nt Re: Aventura Harbor Public Hearing Application For Conditional Use Approval Dear Mr. Klopp The Applicant, Alan S Rosenthal, Esq., represents Aventura 34t"Av, LLC and GPuertoazul LLC, the current owners of the property described in the Survey contained in the Plans submitted herewith. The Survey (three pages) covers the upland property where the proposed Development is to be constructed and the canal property, which shall contain the docks. Attached to this Letter of Intent is an Opinion of Title covering the Surveyed Property. Before providing you with the details of this proposed Development ("Aventura Harbor") I believe it important for you to know some of the history of this undeveloped property which the previous owners, and for the past 12 years my clients, who have tried to develop the property without success. In that regard there were one or two Developments that were approved by the City Commission, the last one being my clients' Development, which was a five story condominium building containing one condominium unit on each floor and five boat docks on the north side of the canal property. To accommodate that approved Development the upland property was rezoned from RMF-3 to RMF-3A. Unfortunately due to the cost required to build and the cost of the land the units were not salable at a price anyone was willing to pay. As a result the only use of the Property that was ever a reality was a Passive Park called the"GEORGE BERLIN PARK"which ceased to exist when the owners started to market the approved Development. Several years ago,and after the approved developments failures,the current owners approached me with what they thought would be a viable Development that would be acceptable to the City,and at a cost that would be acceptable to prospective purchasers.Over the years that followed there were many proposed Development plans that were presented to Joanne Carr,the previous Development Director,then to you, and to the City Manager for your review and opinions, none of which were "HOMERUNS". Finally my clients retained a well-known design group who scaled down the previous proposals that contained greater density and height to a Development of 22 condominium units in a 15 story building 192 feet high with a dock for each unit and a Passive Park for Aventura residents. After you and the Manager apparently liked what you saw you agreed to allow this new Development(hereinafter known as"Aventura Harbor") to be placed on a City Commission Workshop agenda. Notwithstanding the foregoing, I had the feeling that the Key West designed building being proposed was not what you or the Manager really wanted for One Aventura,20900 N.E.30'Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 q the design of the building, whereupon the proposed purchasers of the upland and canal property "VYV Investment, LLC retained a well-known architect, Kobi Karp,to redesign the building which finally hit the "HOMERUN" we were looking for in an exciting and Magnificent Modern Innovative Building! It was at this juncture that we appeared before the City Commission at one of its workshops where the proposed Development was reviewed and well accepted with some caveats that I believe have been addressed by Kobi Karp in the plans submitted with this Letter of Intent! With regard to the contemplated construction of Aventura Harbor, a Conditional Use Approval must be secured from the City Commission to allow for an FAR of 4.85. It is respectfully submitted that Aventura Harbor is a unique and unusual project as it is a low density project of only 22 Condominium Units, but incorporated in the project are 1,350 feet of Floating Boat Docks on a private canal. The canal contains a dedicated Easement that provides access for boaters wishing to enter or exit the Canal, which Canal runs from the Intercoastal waterway West to Northeast 341h Avenue, and is South of N. E. 2071h Street. I am pleased to advise that the proposed construction of Aventura Harbor will be LEED Gold and that the FAR has been determined to be 4.85. It is respectfully suggested that Aventura Harbor will be a positive use of the property described in the Survey located on the first three pages of the Plans submitted with this Application and will benefit the City its residents and those who wish to use its Passive Park! I believe it is important to note that there are no parking variances requested as this Development plan provides for 92 parking spaces (inclusive of 24 lifts, 2 handicap spaces, and 5 guest spaces) where 49 spaces (inclusive of 44 parking spaces, 3 guest spaces, and 2 handicap spaces) are required by Code. In addition the Traffic Engineer retained by my clients has provided their Traffic Study to the City for its review,and the review of the City's Traffic Engineer.The Report submitted provides that this Development will generate a total of six and seven net trips during the AM and PM peak hours respectively.The studied intersection of NE 34th Avenue and North Country Club Drive is currently operating at acceptable LOS D or better and will continue to do so with the new traffic generated by this Development. Further that sufficient roadway capacity exists to support the subject Development nor will this new Development increase the LOS beyond the acceptable threshold. Basically the Traffic Study shows the traffic generated by this Development will not adversely affect the subject intersection. Finally with respect to the usage of the docks,each dock will be owned by one of the unit owners and will be solely for their own exclusive use only.The docks may not be utilized by any boats except those owned by the unit owners and unit owners will not be authorized to lease or rent their docks. Docks will not be able to be sold without the purchaser of the dock purchasing the unit in the building that owns the dock and units in the building cannot be sold without the dock being sold contemporaneously with the unit. Unit owners may not enter into any commercial venture wherein the docks are utilized contrary to the foregoing or attempt to circumvent the foregoing regulations pertaining to the docks in any fashion. The sailing school that that may be developed at the East End of the docks being constructed at Aventura Harbor shall be for children under the age of 18 years and will be operated by the City of Aventura or its duly authorized agent. In that regard storage racks may be constructed on the docks allocated for sailing school storage of not more than 12 small sailboats(dinghys) utilized in connection with the sailing school. The sailing school dock spaces will be leased to the City by the Condominium Association or the owners, as the case may be. The rent paid by the City to the Condominium Association or the Owner shall be$10 t W0626788.11 2 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300 I Fax: 305.937.1311 per year payable in advance and subject to the terms and conditions of a lease acceptable to the City and to the owner or the Condominium Association. Based upon the foregoing it is respectfully suggested that the Conditional Use requested herein in order to develop Aventura Harbor should be unanimously approved by the Commission as it has no deleterious effect on the City,the City's residents or those living nearby. To the contrary Aventura Harbor will in fact be highly beneficial to the City and its residents, including the children who will benefit from learning how to sail, and those residents who walk through the Passive Park provided and maintained for Aventura residents to venture into. Respectfully submitted,.,, . = ~ ROSENTHAL Q T' ,1 R By -' :. ALAN OEN�I-EAL— ASR:cw Enclosures {W0626788.11 3 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E.30'b Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 City of Aventura EXHIBIT#2 5 858 SW 1 st St SW 2nd St c i " Halldndale NIs/es 01 � G u I fstrea m � s i Park Golden Isles D ke A1A s � 1 D I i Sun Swept Holiday Dr 1—————- -County Line-Rd Isles ----1`—t�����=vs_----L=�=�=�_�=�=� ! 1 �j NE 213th St I � z I 1 m , w 1 > 1 1 Aventura 1 v a Highland Oaks I N Co t. Park 1 oO Club Dr L 1 I w O 2 , 1 0 I 1 � 1 1 NE 203rd St 1 1 z 1 1 m , 1 1 1 St 1 1 / NE 199th St f0 1 Don Soffer / 1 Exercise Trail I , Tu rn berry Isle I E 197th Ter 1 Golf Course I/ Golden Beach 1 Aventura Mall Aventura / , 1 1 / � Rehm an CswY � 1 I 1 / 1 / 1 I I NE 190th St / z , / > I I d ¢ D NE 186th St / I I m / / I I NE 783rd St / I / / I / I I I Greynolds Park s �I I St / 'c",Eas t V1 I 2 Greynolds Park Golf Course ' ♦� _—/ > m �—�-, ♦� � NE 171 st St i NE 170th St .o I ♦ u y I i NE 169th St z , � 1 m I i m Sunny Isles rth Miami I naoule ♦Loke w Beach Beach ' a ♦ 5 D 1 I N Intracoastal NE 168th St Mall NE 167th St 826 t Glades Dr NE / 164th St "z antic Isle NE 1631d St NE 161 st St r 7P 3 w P h Ter o -1 909 Oleta River 5/25/2023 ..._.._.._. Property Boundary 1:24,633 0 0.25 0.5 1 mi Municipal Zone-RMF3A Municipal Zone-CNS 0 0.4 0.8 1.6 km r———I Sources:Esri,Airbus IDS,USGS,NGA,NASA,CGIAR,N Aventura Municipal Boundary O Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen,jkswaterstaa Rit, GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Gannon,FAO, EXHIBIT#3 LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) IS A - OY �Y `it (ti �(�� �a l._ N t�' �� • _ 14T },r AAIL 41. fr lIII� �! _ i i - r � IE- N CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(E)(2A)C OF THE LAND DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE CITY CODE TO PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE LAND DEVELOPMENT REGULATIONS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.5 FOR THE DEVELOPMENT OF A RESIDENTIAL BUILDING TO BE CONSTRUCTED AT 20605 NE 34 AVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF3A, Multifamily Medium Density Residential District; and WHEREAS, the applicant, Rosenthal Rosenthal Rasco LLC, on behalf of Aventura 34t" Ave LLC and GPuertoazul LLC, through Application No. CUP2305-0002, is requesting Conditional Use Approval pursuant to Section 31-143(e)(2a)c of the City's Land Development Regulations (LDRs)to permit a floor area ratio of 4.8, where the LDRS permit a maximum floor area ratio of 1.5, for the development of a residential building to be constructed pursuant to the City's Green Building Program; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use Approval pursuant to Section 31- 143(E)(2a)c of the City's Land Development regulations (LDRs) to permit a floor area ratio of 4.8 where the LDRs permit a maximum floor area ratio of 1.5, on property legally described in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following conditions: 1. Drawings as provided to the Community Development Department on May 3, 2023 unless otherwise subsequently amended by Administrative Site Plan Approval ("ASPA"). The plans will be reviewed under ASPA regulations, the RMF3A zoning City of Aventura Resolution No. 2023- district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3. Prior to issuance of a building permit by the City for the proposed development, the applicant shall- (i) enter into and record in the Public Records of Miami-Dade County, at its expense, and in form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs as approved by the City's Building Official to guarantee attainment of LEEDO Gold certification by the US Green Building Council. 4. Applicant agrees to allow public access to the walkway along the east and north sides of the building, providing a view access to the marina for the public. This "Green Paseo" view corridor shall substantially comply with the design elements provided on Site Plan A2.01 prepared by Kobi Karp on 04/11/2023. It shall remain open to the public during daylight hours without exception. Access may be restricted from dusk to dawn. 5. Developer shall provide security cameras on site as specified by, and for use by, the Aventura Police Department. Such cameras shall be installed and operational prior to the issuance of a certificate of occupancy of any type. 6. Floating boat docks shall be for the exclusive use of the building's residents; unit owners will not be authorized to lease or sell their docks. 7. Developer shall provide a 60' portion of the floating dock to the City of Aventura for use by the Aventura Police Department Marine Patrol and/or a sailing school. The sailing school to be developed at the east end of the docks shall be for children under the age of 18 years and shall be operated by the City of Aventura or its duly authorized agent. Page 2 of 4 City of Aventura Resolution No. 2023- 8. Developer shall fund the purchase of a City of Aventura Police Department Patrol Vehicle, cost not to exceed $85,000. Payment is due prior to the issuance of a building permit for vertical construction. This contribution is in addition to, and not in lieu of, the payment of Police Impact fees. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this 6th day of June, 2023. Page 3 of 4 City of Aventura Resolution No. 2023- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 4 of 4 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Request for Variance for a Project Proposed at 20605 NE 34 Street, City of Aventura (the "Property") (Aventura Harbor— File No. VAR2305-0001) June 6, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the variance request to facilitate the residential development known as Aventura Harbor on land located at 20605 NE 34 Street. THE REQUEST The applicant, Alan S. Rosenthal, Esq., on behalf of Aventura 34th Av LLC and GPuertoazul LLC, is requesting variance from Section 31-143(E)(3)(B) of the City's Land Development Regulations (LDR's) to permit a height of 15 stories (192') where a height of 7 stories (80') is permitted on the Property (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Aventura 34th Av LLC GPuertoazul LLC APPLICANT Alan S. Rosenthal, Esq. Rosenthal, Rosenthal, Rasco ADDRESS OF PROPERTY 20605 NE 34 Street (See Exhibit#2 for Location Map) SIZE OF PROPERTY Approximately 0.51 acres (5.86 acres including submerged lands). LEGAL DESCRIPTION Aventura Villas PB 168-067 T-23010 TR A (see Exhibit #3 for complete legal description) Zoning — Subject Property: RMF3A - Multifamily Medium Density Residential Properties to the North: CNS - Conservation Properties to the South: ROS - Recreation Open Space Properties to the East: RMF4 - Multifamily High Density Residential Properties to the West: RMF4 - Multifamily High-Density Residential Existing Land Use — Subject Property: Vacant Land Properties to the North: Marina Properties to the South: Recreational Properties to the East: Residential Condominium Properties to the West: Residential Condominium Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Medium-High Density Residential Property to the North: Water Property to the South: Parks and Recreation Property to the East: Medium-High Density Residential Property to the West: Medium-High Density Residential The Site -The existing site consists of a vacant upland parcel of approximately 0.51 acres and submerged lands of approximately 5.35 acres. The upland is situated on the northeast intersection of N Country Club Drive and NE 34 Avenue; to the east there is a surface parking lot serving Ensenada Condominium residential tower and a marina is situated to the north. The submerged land is situated to the northeast of the previously mentioned marina and parking lot, and to the south of NE 207 Street. The Project - The applicant has applied for Administrative Site Plan Review Approval (ASPA) for the construction of a 106,912 square foot, 15-story, LEED Gold certified building. In addition, the applicant is proposing 1,350 feet of floating boat docks for the exclusive use of the building's residents and a sailing school to the east end of the docks to be operated by the City of Aventura. The applicant has requested variance from Section 31-143(E)(3)(B) of the City's LDRs to permit a height of 15 stories (192') where a height 2 of 7 stories (80') is permitted. A rendering of the proposed building is attached as Exhibit #4. The Administrative Site Plan Approval Application No. SP2305-0001 is currently under review by City staff together with variances for reduced setbacks and driveway dimensions to be reviewed administratively under the ASPA process pursuant to Section 14-115(I)(iv) of the Green Building Program. Other than the request for variance, the applicant is requesting conditional use approval for increased floor area ratio under Application No. CUP2305-0002. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Medium-High Density Residential. Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received a few citizen comments in opposition to the proposal. Community Development Department Analysis——The development parcel is located in the Multifamily Medium Density Residential (RMF3A) zoning district. Multifamily residential are permitted uses in the RMF3A zone. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City' s Land Development Regulation state: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met- (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant advises that the property's topographic and environmental conditions limit the potential for development. These conditions result in hardship which make it difficult to comply with the zoning regulations regarding building height. (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. Due to the property's topographic and environmental conditions, the basis for the requested variances are unique to this site and are not applicable to other locations. 3 (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty 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 and will not be injurious to other parcels in the vicinity as the height increase will be unperceivable from neighboring properties, some of them exceeding the proposed height. (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. Traffic studies provided by the applicant show that the intersection of NE 34 Avenue and N. Country Club Drive is currently operating at acceptable Levels of Service and will continue to do so with the new traffic generated by this development. The building's design by a well-known architectural firm will provide a positive effect on the property value within the vicinity; additionally, the proposed development will not increase the danger of fire, or endanger the public safety. It is recommended that the request for variances be granted subject to the following conditions: CONDITIONS 1. Plans shall substantially comply with those submitted as follows: ■ Architectural Plans for Aventura Harbor, Sheets A0.00 through A5.01, prepared by Kobi Karp on 04/28/2023. ■ Civil Plans for Aventura Harbor, Sheets C100 through C400, prepared by Kobi Karp, signed and seal by Walter M. Lugo on 04/17/2023. ■ Landscape Plans for Aventura Harbor, Sheets L0.00 through L4.01, prepared by Christopher Cawley for Kobi Karp on 02/20/2023. 4 ROSENTHAL ROSENTHAL -RASCO May 1, 2023 ATTORNEYS AT L A W Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Letter of Intent Re: Aventura Harbor Public Hearing Application For Variance or Modification of Condition of Variance Dear Mr. Klopp The Applicant, Alan S Rosenthal, Esq., represents Aventura 34t"Av, LLC and GPuertoazul LLC, the current owners of the property described in the Survey contained in the Plans submitted herewith. The Survey (three pages) covers the upland property where the proposed Development is to be constructed and the canal property, which shall contain the docks. Attached to this Letter of Intent is an Opinion of Title covering the Surveyed Property. Before providing you with the details of this proposed Development ("Aventura Harbor") I believe it important for you to know some of the history of this undeveloped property which the previous owners, and for the past 12 years my clients, who have tried to develop the property without success. In that regard there were one or two Developments that were approved by the City Commission, the last one being my clients' Development, which was a five story condominium building containing one condominium unit on each floor and five boat docks on the north side of the canal property. To accommodate that approved Development the upland property was rezoned from RMF-3 to RMF-3A. Unfortunately due to the cost required to build and the cost of the land the units were not salable at a price anyone was willing to pay. As a result the only use of the Property that was ever a reality was a Passive Park called the"GEORGE BERLIN PARK"which ceased to exist when the owners started to market the approved Development. Several years ago,and after the approved developments failures,the current owners approached me with what they thought would be a viable Development that would be acceptable to the City,and at a cost that would be acceptable to prospective purchasers. Over the years that followed there were many proposed Development plans that were presented to Joanne Carr,the previous Development Director,then to you, and to the City Manager for your review and opinions, none of which were "HOMERUNS". Finally my clients retained a well-known design group who scaled down the previous proposals that contained greater density and height to a Development of 22 condominium units in a 15 story building 192 feet high with a dock for each unit and a Passive Park for Aventura residents. After you and the Manager apparently liked what you saw you agreed to allow this new Development(hereinafter known as"Aventura Harbor") to be placed on a City Commission Workshop agenda. Notwithstanding the foregoing, I had the feeling that the Key West designed building being proposed was not what you or the Manager really wanted for One Aventura,20900 N.E. 300'Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 the design of the building, whereupon the proposed purchasers of the upland and canal property "VYV Investment, LLC" retained a well- known architect, Kobi Karp,to redesign the building which finally hit the "HOMERUN" we were looking for in an exciting and Magnificent Modern Innovative Building! It was at this juncture that we appeared before the City Commission at one of its workshops where the proposed Development was reviewed and well accepted with some caveats that I believe have been addressed by Kobi Karp in the plans submitted with this Letter of Intent! With regard to the contemplated construction of Aventura Harbor, one variance that requires City Commission approval is for the height of the building, and the number of stories as the property is zoned RMF-3A, which allows for 7 stories or 80 feet in height, while Aventura Harbor is 15 stories and 192 feet in height. With regard to this difference it must be remembered that older buildings had 8 foot ceilings; 6 foot doors; 10 to 12 foot lobbies; 1 foot to 1 1/2 feet between floors; smaller air conditioning ducts for smaller air conditioning units; smaller water pipes for smaller water heaters; and smaller electrical pipes for less electrical service required, et al. To accommodate today's requirements for construction 10 foot ceiling heights are a minimum requirement; interior doors are eight 8 feet high; lobbies are 18 to 24 feet high; the space between floors is 2 1/2 to 3 feet to accommodate larger ducts for larger air conditioning units; larger water pipes for more exotic bathrooms, and the accessories contained therein; larger pipes for electrical service to provide electric for new and previously unknown electronic items, including commodes that have heated seats containing washing and drying mechanisms, and yes even music to listen to while sitting on padded seats! In essence you cannot construct a 7 story building in 80 feet and sell it in South Florida, let alone in Aventura where 7 stories would have to be a minimum of 125 feet to be viable. Notwithstanding my clients' Architects have put 15 stories into 192 feet, which I believe to be miraculous with all the amenities, etc. he has incorporated into Aventura Harbor. In addition, it is respectfully suggested that many of the buildings to the east and west of Aventura Harbor are high-rise towers that are equal to or exceed the height of Aventura Harbor, and far exceed the proposed density of Aventura Harbor. As an example, the building immediately to the east of Aventura Harbor, Ensenada, contains 276 units which is a density that is more than 12 times Aventura Harbor. I believe it is important to note that there are no parking variances requested as this Development plan provides for 92 parking spaces (inclusive of 24 lifts, 2 handicap spaces, and 5 guest spaces) where 49 spaces (inclusive of 44 parking spaces, 3 guest spaces, and 2 handicap spaces) are required by Code. In addition the Traffic Engineer retained by my clients has provided their Traffic Study to the City for its review,and the review of the City's Traffic Engineer.The Report submitted provides that this Development will generate a total of six and seven net trips during the AM and PM peak hours respectively.The studied intersection of NE 34'" Avenue and North Country Club Drive is currently operating at acceptable LOS D or better and will continue to do so with the new traffic generated by this Development. Further that sufficient roadway capacity exists to support the subject Development nor will this new Development increase the LOS beyond the acceptable threshold. Basically the Traffic Study shows the traffic generated by this Development will not adversely affect the subject intersection. Finally with respect to the usage of the docks,each dock will be owned by one of the unit owners and will be solely for their own exclusive use only.The docks may not be utilized by any boats except those owned by the unit owners and unit owners will not be authorized to lease or rent their docks. Docks will not be able to be sold without the purchaser of the dock purchasing the unit in the building that owns the dock and units in the building cannot be sold without the dock being sold contemporaneously with the unit. Unit owners may not enter into any commercial venture wherein the docks are utilized contrary to the foregoing or attempt to circumvent the foregoing regulations pertaining to the docks in any fashion. (W0626672.1) 2 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 30'Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 The sailing school that that may be developed at the East End of the docks being constructed at Aventura Harbor shall be for children under the age of 18 years and will be operated by the City of Aventura or its duly authorized agent. In that regard storage racks may be constructed on the docks allocated for sailing school storage of not more than 12 small sailboats(dinghys) utilized in connection with the sailing school. The sailing school dock spaces will be leased to the City by the Condominium Association or the owners, as the case may be. The rent paid by the City to the Condominium Association or the Owner shall be$10 per year payable in advance and subject to the terms and conditions of a lease acceptable to the City and to the owner or the Condominium Association. Based upon the foregoing it is respectfully suggested that the variance requested herein in order to develop Aventura Habor should be unanimously approved by the Commission as it has no deleterious effect on the City, the City's residents or those living nearby. To the contrary Aventura Harbor will in fact be highly beneficial to the City and its residents, including the children who will benefit from learning how to sail, and those residents who walk through the Passive Park provided and maintained for Aventura residents to venture into. Respectfully submitted, ROSENTHAL RO,ENj AL ASCO LLC BY - AN S. ROSENTHAL ASR:cw Enclosures fW0626672 11 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301"Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 City of Aventura EXHIBIT#2 5 858 SW 1 st St SW 2nd St c i " Halldndale NIs/es 01 � G u I fstrea m � s i Park Golden Isles D ke A1A s � 1 D I i Sun Swept Holiday Dr 1—————- -County Line-Rd Isles ----1`—t�����=vs_----L=�=�=�_�=�=� ! 1 �j NE 213th St I � z I 1 m , w 1 > 1 1 Aventura 1 v a Highland Oaks I N Co t. Park 1 oO Club Dr L 1 I w O 2 , 1 0 I 1 � 1 1 NE 203rd St 1 1 z 1 1 m , 1 1 1 St 1 1 / NE 199th St f0 1 Don Soffer / 1 Exercise Trail I , Tu rn berry Isle I E 197th Ter 1 Golf Course I/ Golden Beach 1 Aventura Mall Aventura / , 1 1 / � Rehm an CswY � 1 I 1 / 1 / 1 I I NE 190th St / z , / > I I d ¢ D NE 186th St / I I m / / I I NE 783rd St / I / / I / I I I Greynolds Park s �I I St / 'c",Eas t V1 I 2 Greynolds Park Golf Course ' ♦� _—/ > m �—�-, ♦� � NE 171 st St i NE 170th St .o I ♦ u y I i NE 169th St z , � 1 m I i m Sunny Isles rth Miami I naoule ♦Loke w Beach Beach ' a ♦ 5 D 1 I N Intracoastal NE 168th St Mall NE 167th St 826 t Glades Dr NE / 164th St "z antic Isle NE 1631d St NE 161 st St r 7P 3 w P h Ter o -1 909 Oleta River 5/25/2023 ..._.._.._. Property Boundary 1:24,633 0 0.25 0.5 1 mi Municipal Zone-RMF3A Municipal Zone-CNS 0 0.4 0.8 1.6 km r———I Sources:Esri,Airbus IDS,USGS,NGA,NASA,CGIAR,N Aventura Municipal Boundary O Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen,jkswaterstaa Rit, GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Gannon,FAO, EXHIBIT#3 LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) IS A - OY �Y `it (ti �(�� �a l._ N t�' �� • _ 14T },r AAIL 41. fr lIII� �! _ i i - r � IE- N CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31- 143(E)(3)(B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A HEIGHT OF 15 STORIES (192 FEET) WHERE A HEIGHT OF 7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY LOCATED AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property at 20605 NE 34 Avenue and legally described in Exhibit "A" is zoned RMF3A, Multifamily Medium Density Residential District; and WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC, on behalf of Aventura 34t" Ave LLC and GPuertoazul LLC, through Application No. VAR2305-0001, is requesting a variance from Section 31-143(e)(3)(b) of the City's Land Development Regulations to permit a height of 15 stories (192 feet)where a height of 7 stories (80 feet) is permitted; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The request for variance from Section 31-143(e)(3)(b) of the City's Land Development regulations (LDRs) to permit a height 15 stories (192 feet) where a height of 7 stories (80 feet) is permitted, on property legally described in Exhibit "A", is hereby granted exclusively to the Applicant, subject to the following conditions- 1. Drawings as provided to the Community Development Department on May 3, 2023 unless otherwise subsequently amended by Administrative Site Plan Approval ("ASPA"). The plans will be reviewed under ASPA regulations, the RMF3A zoning district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six- month extension request for good cause shown by the applicant. City of Aventura Resolution No. 2023- Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this 6th day of June, 2023. Page 2 of 3 City of Aventura Resolution No. 2023- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wassorc-4. City Manager BY: Keven Klopp Community Development Director DATE: June 2, 2023 SUBJECT: Amendment to Chapter 31 of the Land Development Regulations of the City of Aventura Code of Ordinances by Creating and Defining "Committed Submerged Open Space", Revising the Definition of "Open Space" and Amending the Site Development Standards for Open Space in "Multifamily Residential Districts" Section 31-143(f) June 6, 2023 Local Planning Agency Meeting Agenda June 6, 2023 City Commission Meeting Agenda (First Reading) July 11, 2023 City Commission Meeting Agenda (Second Reading) SUMMARY During the review of a proposed development project, it has become evident that the definition of open space in the Land Development Regulations, and the way the RMF4 Zoning District regulations require open space to be calculated, need to be amended to resolve a conflict or ambiguity. Currently, submerged lands may count toward density and intensity calculations, but it is not clear that open space — which may not be submerged -- must increase accordingly. BACKGROUND "Open space", as defined by the City's Code for purposes of development review, "shall not include submerged areas". In RMF4, the open space requirement is "40% of the total lot area". The intent of the provisions listed above is to ensure that buildings are substantially surrounded by open space that is well landscaped, accessible, and maintained for common benefit. The vision of large buildings surrounded by expansive open space is further implemented by the code requiring more open space as it allows buildings to be more intense (i.e. more height, more density, or more FAR requires more open space) However, an unintended consequence arises from the two provisions listed above in situations where submerged land makes up a significant portion of a lot. The buildable portion of the upland gets smaller as the proportion of submerged area increases. In effect, a site with no submerged land has less of an open space requirement than a site with the same amount of land area if it also contains submerged land. This needs to be rectified and it can be done without changing the intent of the provisions. RECOMMENDATION The following revisions to the City Code would maintain the intent of the code, clarify the definition of open space in general, and address the unintended consequence of the two provisions in scenarios where submerged land makes up a significant portion of a lot'. Sec. 31-21. Definitions. Committed Submerged Open Space shall mean that portion of a lot,measured in square feet,that is submerged below water and relied upon in calculating the density or Floor Area Ratio(FAR) of a development project upon the upland of the same lot. Committed Submerged Open Space is to be identified on the site plan of the development relying upon it and becomes an integral feature of such site plan. Committed Submerged Open Space, as opposed to upland open space, does not fulfil the Open Space requirements set forth in the site development standards of the zoning district regulations applicable to the lot except as specifically and explicitly allowed by those site development standards. Open space shall mean any area of land and Fwhich is open and unobstructed from the ground to the sky ' . Open space shall include private parks, buffer yards and common landscaped areas.Open space shall also include 50 percent of the area of landscaped rooftop amenities and landscaped above-ground patios, provided such areas are well landscaped with trees and other plantings and are maintained for the common benefit of and accessible to all occupants of the building. Open space shall -;;Ir.R- inelud-e- bieyele and pedestFian paths external te- a develepment .Open space shall not include , areas covered with buildings,parking areas,driveways and other paved areas and shall not include planter boxes on exterior walls or other above-ground planting areas that are not available for use by building occupants. Open space shall not include areas submerged below water except as specifically and explicitly allowed by the site development standards or the conditional use allowances within the applicable zoning district regulations. Sec. 31-143. Residential Zoning Districts. (f) Multifamily High Density Residential Districts(RMF4). The following regulations shall apply to all RMF4 Districts. ' Underlined text indicates insertions. Stricken-through text indicates deletions. 2 (3) Site development standards. g. Minimum open space:40 percent of the tetal lot area used in the Floor Area Ratio calculation.Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. (FAR is calculated using the upland portion of the site plus the committed submerged open space and does not exceed 2.0. The open space requirement is calculated by adding the upland portion of the site and the committed submerged open space together and then multiplying that total by 40%, but only the upland open space counts toward meeting the open space requirement.) i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that structure parking shall not count as a part of the floor area,but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 Exhibit 1, Attached: Map of properties with submerged lands 3 Hallandale^ -�f ' °isles` - A ulfstr�eam Park Golden Isles;:' # �" SWep -_ a - �- Holy Dr'' .." Isles(' --- ;- 4 NE-2:13t'h St Auentura• - - --' w ""�"O a J u > mm and Oaks - ,. r, N Cou' ntryCliati+Dr r•• � � d U • Y _ i 'v�� OM IE=203rd St .o t9 4 1 Don Soffer' # - Exercise Trail' - ti Golden -Beach o Auentura an�'WY I 1'90th'Sti N E :2- - NE 186th st N i0 m NE 1-83rd St v 1s Park • , Point East 2 ° NE 171St St NE 170th S`t jp , NE 1'69th=s-t — .,. - . Maule ,Sunny Isles Lake - -Beach ". - P Intracoastal all 41 ENE-\6 _ . !.=.� 'k clatlsleCT 'o - . StNE=16 _ _ v • 1 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY CREATING AND DEFINING "COMMITTED SUBMERGED OPEN SPACE," REVISING THE DEFINITION OF "OPEN SPACE," AMENDING THE SITE DEVELOPMENT STANDARD FOR OPEN SPACE, SECTION 31-143(F)(3)(G) IN THE MULTIFAMILY HIGH- DENSITY RESIDENTIAL DISTRICT (RMF4); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura seeks to amend the City's Land Development Regulations to resolve a conflict between submerged land allowances, the definition of open space, and the resulting calculations; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-21, "Definitions" and Section 31-143, "Residential Zoning Districts" of the City's Land Development Regulations are hereby amended as follows:' Sec. 31-21. Definitions. Committed Submerged Open Space shall mean that portion of a lot, measured in square feet, that is submerged below water and relied upon in calculating the density or Floor Area Ratio (FAR) of a development project upon the upland of the same lot. Committed Submerged Open Space is to be identified on the site plan of the development relying upon it and becomes an integral feature of such site plan. Committed Submerged Open Space,as opposed to upland open space, does not fulfil the Open Space requirements set forth in the site development standards of the zoning district regulations applicable to the lot except as specifically and explicitly allowed Underlined provisions constitute proposed additions to existing text. Stricken-through text indicates deletions. City of Aventura Ordinance No. 2023- by those site development standards. Open space shall mean any area of land and per watef which is open and unobstructed from the ground to the sky ineluding wetland mitt ati n areas and areas maintained on a natural and undisturbed eharaeter. Open space shall include private parks, buffer yards and common landscaped areas. Open space shall also include 50 percent of the area of landscaped rooftop amenities and landscaped above-ground patios, provided such areas are well landscaped with trees and other plantings and are maintained for the common benefit of and accessible to all occupants of the building. Open space shall all inelude bieyele and pedestrian paths external te development r el. Open space shall not include submerged areas betew the e ntrel ter elevat;en (,,xelusive of wetland areas`, areas covered with buildings, parking areas, driveways and other paved areas and shall not include planter boxes on exterior walls or other above- ground planting areas that are not available for use by building occupants. Open space shall not include areas submerged below water except as specifically and explicitly allowed by the site development standards or the conditional use allowances within the applicable zoning district regulations. Sec. 31-143. Residential Zoning Districts. (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (3) Site development standards. g. Minimum open space: 40 percent of the teta4 lot area used in the Floor Area Ratio calculation. Said open space shall be unencumbered with any structure or off- street parking, and shall be landscaped and well maintained with grass,trees, and shrubbery. (FAR is calculated using the upland portion of the site plus the committed submerged open space and does not exceed 2.0. The open space requirement is calculated by adding the upland portion of the site and the committed submerged open space together and then multiplying that total by 40%, but only the upland open space counts toward meeting the open space requirement.) i. Floor area ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Page 2 of 4 City of Aventura Ordinance No. 2023- Height of Building Floor Area Ratio 1 story 0.40 2 story 0.60 3 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intension of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2023- The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED on first reading this 6th day of June, 2023. PASSED AND ADOPTED on second reading this 11t" day of July, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 4 of 4 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: April 28, 2023 SUBJECT: Budget Amendment Ordinance — FY 2022/23 May 2, 2023 City Commission Meeting Agenda (First Reading) June 6, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2022/23 budget. BACKGROUND This mid-year budget amendment addresses "Other Items" that were not considered in the originally adopted FY 2022/23 Budget that need to be done through a corresponding budget amendment that will provide the necessary funding. Some of these items may have been previously discussed with the Commission but now require formal action. Additionally, the 2022/23 mid-year amendment will create a new Building Fund as explained below to comply with Florida State Statutes and dissolve the Police Off-duty Services Fund to combine it with the General Fund. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent FY 2022/23 Budget Amendments Schedule ("Exhibit A"). General Fund — (001) — ($2,369,368 net decrease) City Commission (0101) — ($3,500 increase) 4650 R&M — Office Equipment requires a $3,500 budget amendment to pay the annual support for OpenMeeting, the Request to Speak solution for the Commission Chambers that was not in the originally adopted budget. This overage will be offset by a corresponding increase of$3,500 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). 1 Information Technology (1201) ($1,350 increase) 4650 R&M — Office Equipment requires a $1,350 budget amendment for the camera relocation in the Commission Chambers which was not included in the originally adopted budget. This overage will be offset by a corresponding increase of$1,350 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Police (2001) — ($550,000 increase) 1420— Extra Duty Detail requires a $550,000 budget amendment. It is recommended that the Police Off-duty Service Fund be closed and reallocated to the General Fund. This will be offset with Revenue line item 3421100, Police Detail Billing, of$550,000. Community Development — ($3,156,741 decrease) In order to comply with the Florida Building Code of the Florida Statutes 553.70-553.899, specifically, Building Construction Standards — Enforcement, Chapter 553.80 Section (7)(a)., of the Florida Statutes, the City is required to record all revenues and expenditures generated by the Building Department in a separate fund. All building related revenue must be used only for building related expenditures. Currently, all Building Department activity is recorded in the General Fund under the Community Development Department. Therefore, the City is creating a new Special Revenue Fund, the Building Fund, in order to account for building related activities separately. The Building Fund will be used to account for monies coming in and out of the Building division in the Community Development Department to comply with the above Florida Statute. Listed below is a summary of the amendments for the City's General Fund, by Department and Division, and the Building Fund along with the supporting schedule — Exhibit "A". Portions of the FY 2022/23 budget that relate to Building Division activity will be taken out of the General Fund and put into the new Building Fund. Administrative costs from the General Fund are allocated to the Building Fund based on percentages estimated by the Department Directors and budgeted as a transfer into the General Fund for those services that other Departments provide. The Revenues below will be transferred out of the General Fund and into the Building Fund — ($3,362,500 decrease). • 3221000 - Building Permits - ($3,200,000) • 3221500 - Radon/Code Compliance Admin Fee - ($7,500) • 3222000 - Certificate of Occupancy - ($155,000) 2 The General Fund will be increasing by $205,759 as the Building Fund will be allocating back to the General Fund for the percentage of General Fund Services used as reflected in the Transfer from Building Fund (3811014). The Expenditures listed below by category will be transferred to the Building Fund — ($3,156,741 decrease including capital). • Personal Services - ($361,491) • Contractual Services - ($2,680,000) • Other Charges & Services - ($77,713) • Commodities - ($6,500) • Other Operating Expenses - ($100) • Capital — ($30,938) Public Works/Transportation (5401) — ($210,000 increase) 4301 — Utilities — Electric requires a $40,000 budget amendment due to the anticipated overage this account will have based on the increase in monthly expenses not included in the originally adopted budget. 4320 — Utilities — Water requires a $170,000 budget amendment due to the anticipated overage this account will have based on the increase in monthly expenses not included in the originally adopted budget. This overage will be offset by a corresponding increase of$210,000 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Capital (80xx) — ($64,892 decrease) City Commission (8001-511-6410)—($7,750 net increase) requires a budget amendment of$7,750 for the Request to Speak solution for the Commission Chamber and iPads that were not in the originally adopted budget. This overage will be offset by a corresponding increase of$7,750 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Community Development (8040-524-6402 & 6410) — ($30,938 net decrease) requires a budget amendment decrease of $30,938 for the accounts as outlined below due to the creation of the Building Fund as outlined above in the Community Development Department section. • 6402 - Computer Equipment <$5,000 — ($12,188 decrease) • 6410 - Equipment >$5,000 — ($18,750 decrease) 3 Public Works (8054-539/541) — ($1,506,915 increase) requires a budget amendment as separated below. • 6421 — Government Center Improvements — ($1,500,000 increase) — Replace two (2) Chillers at the Government Center. This overage will be offset by a corresponding reduction of $1,500,000 in the Capital Reserve Expenditure Account (001-8090-590.69-99). • 6341 — Transportation System Improvements — ($6,915 increase) — Replacement and relocation of CCTV pole — sites 8, 9 & 10. This overage will be offset by a corresponding increase of $6,915 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Arts & Cultural Center (8070-575-6208) — ($120,000 increase) requires a budget amendment of$120,000 for a repair of a wall at the Arts & Cultural Center. This overage will be offset by a corresponding reduction of $120,000 in the Capital Reserve Expenditure Account (001-8090-590.69-99). Non-Departmental (8090-590)—($1,668,619 decrease) requires a budget amendment as separated below. • 6101 — Land Acquisition-Purchase — ($110,000 increase) — for the Don Soffer Aventura High School Sign. This overage will be offset by a corresponding reduction of $110,000 in the Capital Reserve Expenditure Account (001-8090- 590.69-99). • 6410 — Equipment>$5,000 — ($7,858 increase) — for the Government Instructional Digital Sign switch out located in the median of NE 188t" Street at NE 29t"Avenue. This overage will be offset by a corresponding increase of$7,858 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). • 6999 — Capital Reserve — ($1,786,477 decrease) — this line item is being reduced as mentioned throughout this memo. Non-Departmental - Transfers (9001-581) — ($56,477 increase) 9127—Transfer—Charter H.S. Construction Fund requires a $56,477 budget amendment for Don Soffer Aventura High School (DSAHS) kitchen pass through project and gym/weight room reconstruction which was not included in the originally adopted budget. This overage will be offset by a corresponding reduction of$56,477 in the Capital Reserve Expenditure Account (001-8090-590.69-99). 4 Building Fund (164) — ($3,362,500 net increase) As explained earlier in the memo under the General Fund, Community Development Department, in order to comply with the Building Construction Standards — Enforcement, Chapter 553.80 Section (7)(a)., of the Florida Statutes, the Building Fund has been created. Revenues and expenditures will be transferred from the General Fund to the Building Fund. The Revenues below will be transferred to the Building Fund — ($3,362,500 increase). • 3221000 - Building Permits - $3,200,000 • 3221500 - Radon/Code Compliance Admin Fee - $7,500 • 3222000 - Certificate of Occupancy - $155,000 The Expenditures listed below by category will be transferred to the Building Fund — ($3,362,500 increase). Operating Expenditures (4001) - $3,125,804 increase • Personal Services - $361,491 • Contractual Services - $2,680,000 • Other Charges & Services - $77,713 • Commodities - $6,500 • Other Operating Expenses - $100 Capital Outlay — ($30,938 increase) • 6402 - Computer Equipment <$5,000 - $12,188 • 6410 - Equipment >$5,000 - $18,750 Transfers (9001-581) — $205,759 increase • The Building Fund will be transferring $205,759 (9101) to the General Fund for the percentage of General Fund Services used. The budget amendments outlined above, have a net effect on both the General Fund and Building Fund budgets. Charter High School Construction Fund (394) — ($75,000 net increase) Charter School (6010) 6208 — Buildings / High School Construction requires a $75,000 budget amendment for the kitchen pass through project which was not included in the originally adopted budget in the amount of$25,000 and $50,000 for the DSAHS gym/weight room construction. The Revenue line item to offset this expenditure will come from 3999000, Carryover, for $18,523 and the Transfer in from General Fund for $56,477. 5 Police Off-duty Services Fund (620) — ($550,000 net decrease) As stated above in the General Fund, Police Department, it is recommended the Police Off-duty Services Fund be closed and combined with the General Fund. The Revenues below will be transferred to the General Fund — ($550,000 decrease) • 3421100 - Police Detail Billing — ($550,000) The Expenditures listed below by category will be transferred to the General Fund — ($550,000 decrease). • Personal Services (2001) — ($550,000) The budget amendments outlined above have a net effect on both the General Fund and Police Off-duty Services budgets. If you should have any questions related to this memorandum, please feel free to contact the City Manager. 6 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2022/2023 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2022-20, which Ordinance adopted a budget for the 2022/2023 fiscal year, by revising the 2022/2023 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2023- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2022. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Friedland, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2023- PASSED on first reading this 2nd day of May, 2023. PASSED AND ADOPTED on second reading this 6t" day of June, 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 Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Amended Budget Budget Budget Object Code Category FY2022/23 Amendment FY2022/23 General Fund -00 Revenues Licenses &Permits 3221000 Building Permits $ 3,200,000 $ (3,200,000) $ - 3221500 Radon/Code Comp Admin. Fee 7,500 (7,500) - 3222000 Certificate of Occupancy 155,000 (155,000) - Subtotal $ 3,362,500 $ (3,362,500) $ - Intergovernmental Revenues 3351800 Half Cent Sales Tax 2,900,000 237,373 3,137,373 - Subtotal $ 2,900,000 $ 237,373 $ 3,137,373 Charges for Services 3421100 Police Detail Billing $ - $ 550,000 $ 550,000 - Subtotal $ - $ 550,000 $ 550,000 Transfers 3811014 Transfer from Building Fund $ - $ 205,759 $ 205,759 Subtotal $ - $ 205,759 $ 205,759 Total General Fund Revenues $ 6,262,500 $ (2,369,368) $ 3,893,132 General Fund - ii Expenditures City Commission (0101) Other Charges&Services 4650 R&M -Office Equipment $ - $ 3,500 $ 3,500 Total City Commission $ - $ 3,500 $ 3,500 Information Technology(1201) Other Charges&Services 4650 R&M -Office Equipment $ 320,733 $ 1,350 $ 322,083 Total Information Technology $ 320,733 $ 1,350 $ 322,083 Police (2001) Personal Services 1420 Extra Duty Detail - 550,000 550,000 Total Police $ - $ 550,000 $ 550,000 Community Development(4001) Personal Services 1201 Employee Salaries $ 575,382 $ (270,644) $ 304,738 2101 FICA 44,017 (20,704) 23,313 2201 Pension 71,944 (29,112) 42,832 2301 Health, Life & Disability 79,747 (32,859) 46,888 2401 Workers'Compensation 15,298 (8,171) 7,127 Subtotal $ 786,388 $ (361,491) $ 424,897 Contractual Services 3101 Building Inspection Services $ 2,650,000 $ (2,650,000) $ - 3190 Prof. Services 150,000 (30,000) 120,000 Subtotal $ 2,800,000 $ (2,680,000) $ 120,000 Other Charges&Services 4041 Car Allowance $ 6,000 $ (1,800) $ 4,200 4101 Communication Services 1,500 (375) 1,125 4420 Lease Equipment 2,800 (2,100) 700 4645 R&M- Equipment 47,250 (35,438) 11,812 4730 Records Retention 40,000 (38,000) 2,000 Subtotal $ 97,550 $ (77,713) $ 19,837 Commodities 5101 Office Supplies $ 6,000 $ (4,800) $ 1,200 5120 Computer Operating Supplies 2,000 (1,600) 400 5240 Uniforms 500 (100) 400 Subtotal $ 8,500 $ (6,500) $ 2,000 Other Operating Expenses 5450 Training $ 500 $ (100) $ 400 Subtotal $ 500 $ (100) $ 400 Total Community Development $ 3,692,938 $ (3,125,804) $ 567,134 Public Works/Transportation (5401) Other Charges&Services 4301 Utilities-Electric 72,000 40,000 112,000 4320 Utilities-Water 430,000 170,000 600,000 Total Public Works/Transportation $ 502,000 $ 210,000 $ 712,000 Capital Outlay City Commission (8001-511) 6410 Equipment $ - $ 7,750 $ 7,750 Subtotal $ - $ 7,750 $ 7,750 Community Development(8040-524) 6402 Computer Equipment<$5,000 $ 123,534 $ (12,188) $ 111,347 6410 Equipment>$5,000 25,000 (18,750) 6,250 Subtotal $ 148,534 $ (30,938) $ 117,597 Public Works(8054-5391541) 6421 Government Center Improvements 59,920 1,500,000 1,559,920 6341 Transportation System Improvements - 6,915 6,915 Subtotal $ 59,920 $ 1,506,915 $ 1,566,835 Arts&Cultural Center(8070-575) 6208 Building Impr/Equip $ - $ 120,000 $ 120,000 _ Subtotal $ - $ 120,000 $ 120,000 Non-Departmental (8090-590) 6101 Land Acquisition-Purchase $ - $ 110,000 $ 110,000 6410 Equipment>$5,000 45,964 7,858 53,822 6999 Capital Reserve 14,772,304 (1,786,477) 12,985,827 Subtotal $ 14,818,268 $ (1,668,619) $ 13,149,649 Total Capital Outlay $ 15,026,722 $ (64,892) $ 14,961,831 Non-Departmental -Transfers (9001-590) Transfers 9127 T/fer-Charter H.S. Construction Fund $ - $ 56,477 $ 56,477 Total Non-Departmental Transfers $ - $ 56,477 $ 56,477 Total General Fund Expenditures $ 19,542,393 $ (2,369,368) $ 17,173,025 Building Fund -164 Revenues Licenses &Permits 3221000 Building Permits $ - $ 3,200,000 $ 3,200,000 3221500 Radon/Code Comp Admin. Fee - 7,500 7,500 3222000 Certificate of Occupancy 155,000 155,000 Subtotal $ - $ 3,362,500 $ 3,362,500 Total Building Fund Revenues $ - $ 3,362,500 $ 3,362,500 DevelopmentBuilding Fund -164 Expenditures Community 00 Personal Services 1201 Employee Salaries $ - $ 270,644 $ 270,644 2101 FICA - 20,704 20,704 2201 Pension - 29,112 29,112 2301 Health, Life & Disability - 32,859 32,859 2401 Workers' Compensation - 8,171 8,171 Subtotal $ - $ 361,491 $ 361,491 Contractual Services 3101 Building Inspection Services $ - $ 2,650,000 $ 2,650,000 3190 Prof. Services - 30,000 30,000 Subtotal $ - $ 2,680,000 $ 2,680,000 Other Charges&Services 4041 Car Allowance $ - $ 1,800 1,800 4101 Communication Services - 375 375 4420 Lease Equipment - 2,100 2,100 4645 R&M- Equipment - 35,438 35,438 4730 Records Retention - 38,000 38,000 Subtotal $ - $ 77,713 $ 77,713 Commodities 5101 Office Supplies $ - $ 4,800 $ 4,800 5120 Computer Operating Supplies - 1,600 1,600 5240 Uniforms - 100 100 _ Subtotal $ - $ 6,500 $ 6,500 Other Operating Expenses 5450 Training $ - $ 100 $ 100 _ Subtotal $ - $ 100 $ 100 Capital Outlay 6402 Computer Equipment<$5,000 $ - $ 12,188 $ 12,188 6410 Equipment>$5,000 - 18,750 18,750 Subtotal $ - $ 30,938 $ 30,938 Transfers-9001 -581 9101 Transfer to General Fund $ 205,759 $ 205,759 Subtotal $ - $ 205,759 $ 205,759 Total Building Fund Expenditures $ - $ 3,362,500 $ 3,362,500 SchoolCharter High Revenues Transfer/Debt Proceeds 3811001 From General Fund $ - $ 56,477 $ 56,477 $ 56,477 $ 56,477 Non-Revenue 3999000 Carryover $ - $ 18,523 $ 18,523 Subtotal $ $ 18,523 $ 18,523 Total Charter High School Construction Fund Revenues $ - $ 75,000 $ 75,000 SchoolCharter High SchoolExpenditures Charter .i i Capital Outlay 6208 Buildings/High School Construction $ - $ 75,000 $ 75,000 Subtotal $ $ 75,000 $ 75,000 Total Charter High School Construction Fund Expenditures $ - $ 75,000 $ 75,000 Police • i Revenues Charges for Services 3421100 Police Detail Billing $ 550,000 $ (550,000) $ - Subtotal $ 550,000 $ (550,000) $ - Total Police Offduty Services Fund Revenues $ 550,000 $ (550,000) $ - Police • i Expenditures Public Safety ii Personal Services 1420 Extra Duty Detail $ 550,000 $ (550,000) $ - Subtotal $ 550,000 $ (550,000) $ - Total Police Offduty Services Fund Expenditures $ 550,000 $ (550,000) $ -