06-06-2023 Local Planning Agency Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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LOCAL PLANNING AGENCY
REGULAR MEETING AGENDA
June 6, 2023
6:00 p.m.
Aventura Government Center
Commission Chambers
Local Planning Agency
AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY
FOR THE CITY OF AVENTURA
Mayor Howard S. Weinberg, Esq.
Vice Mayor 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 Local Planning Agency Regular Meeting Agenda June 6, 2023
AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY
FOR THE CITY OF AVENTURA:
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: February 7, 2023
4. PUBLIC HEARINGS — MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
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.
Page 1 of 2
Aventura Local Planning Agency Regular Meeting Agenda June 6, 2023
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 (4E).
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.
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
(4G).
H. 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.
5. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect
to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,
or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
Page 2 of 2
CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission, Acting in its Capacity as the Local Planning Agency for
the City of Aventura
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: June 2, 2023
SUBJECT: Approval of Minutes
June 6, 2023 Local Planning Agency Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission, acting in its capacity as the Local Planning
Agency for the City of Aventura, approve the attached minutes as provided by the City
Clerk, for the Local Planning Agency meeting held in February 2023.
BACKGROUND
A meeting was held and minutes have been provided for the City Commission, acting in
its capacity as the Local Planning Agency, for approval of the following:
• February 7, 2023 Local Planning Agency Meeting
Should you have any questions, please contact me.
/elh
attachment
•
CITY OF AVENTURA
LOCAL PLANNING AGENCY MEETING MINUTES
FEBRUARY 7, 2023
6:00 P.M.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
Aventura City Commission acting in its capacity as the Local Planning Agency for the City
of Aventura:
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 6:01 p.m. The roll was called and the following were present: Mayor Howard
S. Weinberg, Vice Mayor Bill 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 Stu Katz.
3. APPROVAL OF MINUTES (June 14, 2022): A motion to approve the minutes of
the June 14, 2022 meeting was offered by Commissioner Bloom, seconded by
Commissioner Friedland, and unanimously passed by roll call vote.
4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144
"BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A
CONDITIONAL USE IN THE COMMUNITY BUSINESS (B2) DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Commissioner
Friedland and seconded by Commissioner Kruss.
City of Aventura Local Planning Agency Meeting Minutes
February 7, 2023
Community Development Director Keven Klopp reviewed the Commission's role sitting
as the Local Planning Agency and entered the staff report into the record, which
recommended approval.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
Mrs. Horvath read the following Ordinance title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-233
"ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF
ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE
EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL
BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance was offered by Commissioner
Friedland and seconded by Commissioner Bloom.
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval.
The City Commission discussed the item including other municipalities having a color
palette, buildings with non-conforming colors, and the appeal process.
Mayor Weinberg opened the public hearing.
The following members of the public provided comments: Marcelle Fischler (3370 Hidden
Bay Drive #2707, Aventura).
There being no additional speakers, the public hearing was closed.
The motion to recommend adoption of the Ordinance was unanimously passed, by roll
call vote.
5. PUBLIC HEARING — MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING RESOLUTION: Mr. Meyers reviewed the quasi-judicial procedures and
Mrs. Horvath administered the oath to all those wishing to offer testimony on the item.
Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING A SIGN VARIANCE FROM SECTION 31-191(J)(2)(D) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A THIRD WALL SIGN ON THE NORTHEAST
ELEVATION, WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE; APPROVING AN
OUTDOOR LIGHTING VARIANCE FROM SECTION 31-234(E) OF THE CITY'S LAND
Page 2 of 3
City of Aventura Local Planning Agency Meeting Minutes
February 7, 2023
DEVELOPMENT REGULATIONS FOR THE ADDITION OF EXTERIOR LIGHTING ON THE
SOUTHWEST AND NORTHEAST ELEVATIONS LOCATED AND MOUNTED AT EIGHTY FEET
ABOVE GRADE, WHERE HEIGHTS NO GREATER THAN THIRTY FEET ARE ALLOWED BY
CODE, ON THE AVENTURA HILTON LOCATED AT 2885 NE 191 STREET; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Resolution was offered by Commissioner Kruss
and seconded by Commissioner Bloom.
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval.
Jorge Cepero, Director of Land Entitlements — PMG Asset Services, LLC (4651 Sheridan
Street, #480, Hollywood, FL) provided comments on behalf of the applicant (Aventura
Hospitality, LLC).
The Commission discussed the item including the neighbor's (Courtyard by Marriott)
concern regarding the lighting on the southwest facade affecting their building, Mr. Klopp
provided additional information including the notification that was provided, and Mr.
Meyers provided options to proceed.
Mayor Weinberg opened the public hearing.
The following members of the public provided comments: Michael Marrero, Esq. (Bercow
Radell Fernandez Larkin & Tapanes PLLC - 200 S. Biscayne Blvd. Suite 300, Miami, FL)
on behalf of Turnberry (Courtyard by Marriott 2825 NE 191 Street - the neighboring
property).
There being no additional speakers, the public hearing was closed.
The motion was amended by Commissioner Kruss and seconded by Commissioner
Bloom to recommend adoption of the Resolution with a condition added that the permit
for the lighting proposed on the southwest facade will not be issued prior to: a) Champion
Retail Limited offers no written objection to the lighting proposed for the southwest
elevation on or before March 7, 2023 or 2) the City Commission approves a Resolution
at the March 7, 2023 Commission Meeting removing this condition of approval.
The motion, as amended, was unanimously passed, by roll call vote.
6. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Bloom, seconded by
Commissioner Kruss, and unanimously passed; thereby, adjourning the meeting at 6.45
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on June 6, 2023.
Page 3 of 3
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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 3 of 3
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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. 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
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• 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